HomeMy WebLinkAbout20201940 Ver 2_Rosewood Bank AsBuilt Report - DRAFT_20230718pw
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WILDLANDS
ENGINEERING
July 18, 2023
CREDIT RELEASE REQUEST FORM
To: NCDEQ-DWR Nutrient Offset & Buffer Banking Coordinator
From: Kaitlyn Hogarth (khogarth@wildlandseng.com, 540-907-9432)
Through: Wildlands Holdings III, LLC.
We formally request a credit release for the Rosewood Mitigation Bank Parcel (2020-1940v2) for
completion of Task 3 per the approved credit release schedule, which is included in the Attachments
with this request. The following documents have been submitted to NCDWR for Task 3 and are
pending review: As -Built & Baseline Monitoring Report.
Credits requested for release are detailed below:
Credit Type
% Release
Credit Amount
Notes/Comments
(include Units)
Buffer Restoration
(0.10 x 717,559.251 ft2
10%
71,752.600 ft2
= 71,755.925 f(2) - 3.325
Buffer Preservation
N/A
N/A
Buffer Enhancement
N/A
N/A
Generated Nitrogen Nutrient
10%
5,798.319 lbs. N
(0.10 x 57,929.684 lbs. N =
Offset
5,792.968 lbs. N) + 5.351
Delivered Nitrogen Nutrient
N/A
N/A
Offset (Jordan sites only)
Generated Nitrogen Nutrient
N/A
N/A
Offset
Delivered Phosphorus Nutrient
N/A
N/A
Offset (Jordan sites only)
Signature: 1k� f-(e�
Attachments:
1) As -Built Project Credit Table
2) UMBI Approved Credit Release Schedule
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UMBI approved Credit Release Schedule
Rosewood Mitigation Bank Parcel
Umbrella Mitigation Banking Instrument
Table 3.0 - Credit Release Schedule for Riparian Buffer and Nutrient Offset Credits
% Credit
Task
Project Milestone
Available for Sale
Instrument and BPDP Approved by DWR, Conservation Easement
1
Recorded*, and Financial Assurance Posted
20
All Riparian Earthwork & Mitigation Activities, Planting and
Installation of Monitoring Devices completed, easement boundaries
2
adequately marked, all applicable permits obtained, site visit
20
performed by DWR
Monitoring Financial Assurance Posted and Approval of As -Built
3
Report
10
Monitoring Report #1: Approved by the DWR** & financial
4
assurance renewed
10
Monitoring Report #2: Approved by the DWR** & financial
5
assurance renewed
10
Monitoring Report #3: Approved by the DWR** & financial
6
assurance renewed
10
Item B (1) of Section X in this Instrument has been completed and
7
approved by DWR
5
No remaining credits will be released until Task 7 has been satisfied, assigning the conversation
easement to an approved land trust or long-term steward.
Monitoring Report #4: Approved by the DWR** & financial
8
assurance renewed
5
Monitoring Report #5: Approved by the DWR** and final site visit
9
by DWR has been conducted
10
Total
100%
* For specification, please see Section V in this Instrument
** DWR Approval provided upon a determination that the site is meeting performance standards
contained within the approved BPDP
Rosewood Mitigation Bank Parcel
DWR ID# 2020-1940v2
Wildlands Holdings III, LLC's Black Dirt and Rosewood Nutrient Offset and Buffer Mitigation Bank
AS -BUILT & BASELINE MONITORING REPORT
WILDLA.NDS
ENGINEERING
July 2023
PREPARED BY:
Wildlands Engineering, Inc.
312 West Millbrook Road, Suite 225
Raleigh, NC 27609
Phone: 919-851-9986
AS -BUILT & BASELINE MONITORING REPORT
Rosewood Mitigation Bank Parcel
Wildlands Holdings III, LLC's Black Dirt and Rosewood Nutrient Offset and Buffer Mitigation Bank
TABLE OF CONTENTS
1.0 Introduction...........................................................................................................................1
2.0 Parcel Location & Background.................................................................................................1
2.1 Location and Setting.....................................................................................................................1
2.2 Parcel Background........................................................................................................................1
2.3 Parcel Objectives..........................................................................................................................1
3.0 Restoration Activities..............................................................................................................2
4.0 Mitigation Potential and Deviations from the Bank Parcel Devlopment Package (BPDP) ...........2
5.0 Monitoring Protocol & Success Criteria....................................................................................2
6.0 Financial Assurance & Long Term Management.......................................................................3
6.1 Financial Assurance...................................................................................................................... 3
6.2 Parcel Maintenance......................................................................................................................3
7.0 References..............................................................................................................................4
APPENDICES
Appendix A: General Figures and Tables
Table 1
Project Credit Table
Table 2
Project Activity and Reporting History
Table 3
Project Contact Table
Table 4
Project Information and Attributes
Table 5
Adjacent Forested Areas Existing Tree and Shrub Species
Table 6
Planted Tree Species
Figure 1
Vicinity Map
Figure 2
Credit Service Area Map
Figure 3
Credit Generation Map
Figure 4
Monitoring Components Map
Figure 5
As -Built Survey
Appendix B: Vegetation Plot Data
Table 7 Stem Count Total and Planted Species by Vegetation Plot
Vegetation Plot Photographs
Appendix C: NCDWR Surface Water Determination and Site Viability Letter
On -Site Determination Letter and Map (March 2021)
On -Site Site Viability Letter — (April 2021)
Appendix D: Conservation Easement
Appendix E: Overview Photographs
Erosion Stabilization Photographs
%A11 Rosewood Mitigation Bank Parcel Page i
As -Built & Baseline Monitoring Report —July 2023
AS -BUILT & BASELINE MONITORING REPORT
Rosewood Mitigation Bank Parcel
Wildlands Holdings III, LLC's Black Dirt and Rosewood Nutrient Offset and Buffer Mitigation Bank
The Rosewood Mitigation Bank Parcel (Parcel) is part of Wildlands Holdings III, LLC, Black Dirt and
Rosewood Nutrient Offset and Buffer Mitigation Bank (Bank). The Bank Parcel Development Package
(BPDP) was approved in July 2022. Three unnamed tributaries (UT1, UT2, and UT3) and six ditches (D1,
D2, D3, D4, D5, and D6) flow to the project feature UT to Charles Branch, which extends for
approximately 2 miles until it flows into Charles Branch. Charles Branch subsequently flows into the
Neuse River. The primary purpose of the project is to provide riparian buffer mitigation credits and
nutrient offset credits to compensate for unavoidable impacts in the Neuse River Basin 03020201
Hydrologic Unit Code (HUC) outside the Falls Lake Watershed. The project has been planned, designed,
and constructed according to the BPDP, the Consolidated Buffer Mitigation Rule 15A NCAC 02B .0295
(effective November 1, 2015), and Nutrient Offset Credit Trading 15A NCAC 02B .0703. The Bank service
area is depicted in Figure 2.
1.0 Introduction
The Parcel was restored to provide ecological and water quality enhancements to the Neuse River Basin
by creating a functional riparian corridor and restoring the riparian buffer along UT to Charles Branch,
three unnamed tributaries (UT1, UT2, and UT3), and three project ditches (D1, D2, and D3). Three non -
project ditches (D4, D5, and D6) also exist within the Parcel. Prior to planting, the mitigation bank parcel
was open row crop fields. Approximately 47.1 acres have been protected along the project features by
permanent conservation easement. The conservation easement was recorded on the Parcel in July 2022.
F.0 Parcel Location & Background
2.1 Location and Setting
The Parcel is in Wayne County, approximately six miles west of the City of Goldsboro (Figure 1). To reach
the Parcel from the City of Raleigh, travel on 1-40 East for approximately 10 miles, following signs for
Benson/Wilmington. Take exit 309 for US-70 E toward Smithfield/Goldsboro. Continue on US-70 E for
approximately 34 miles then turn right on Community Drive. In 2.2 miles turn right onto NC-581 S. Drive
for 0.7 miles and the Parcel will be on the right and is accessible via a dirt road alongside the house at
753 NC 581. (35.406567 N,-78.075854 W). The project is located within the Neuse River Basin 14-digit
HUC 03020201200030 and NCDWR Subbasin 03-04-12. The Parcel was restored for riparian buffer
mitigation credit and nutrient offset credit in the Neuse River Basin HUC 03020201 outside of the Falls
Lake Watershed (Figure 2).
2. 2 Parcel Background
Prior to construction, the Parcel consisted of open row crop fields, typically planted with corn or
soybeans. In general, this area has maintained its rural, farming character over the last 60 years with
only minor changes in land cover. Tables 2, 3, and 4 in Appendix A provide detailed information
regarding the Project Activity and Reporting History, Project Contacts, and Project Information and
Attributes.
2.3 Parcel Objectives
The main objective of the Parcel is to reduce nutrient and sediment loading to the Neuse River receiving
waters. By restoring native vegetation up to 200 feet from top of bank of the project features, the
riparian corridor will slow overland flow velocities and provide filtration for flood flows. This will result in
%A11 Rosewood Mitigation Bank Parcel Page 1
As -Built & Baseline Monitoring Report —July 2023
sediment deposition and nutrient absorption in the floodplain, and subsequently their reduction in input
to project features.
3.0 Restoration Activities
Developing the Parcel for mitigation required converting existing agriculture land use practices adjacent
to streams into riparian forest. Riparian area restoration involved planting appropriate native tree
species along the riparian corridor. Grading was done on various portions of UT to Charles Branch
downstream of the culvert replacement and within all culvert removal and replacement areas. A small
area of erosion on the left bank of UT to Charles Branch in between veg plot 9 and 34 was stabilized by
installing rolled matting to diffuse overland flow, and riprap around the top of bank. The main culvert on
UT to Charles Branch was replaced, and culverts along UT1, D1, and D2 were removed. In areas where
grading occurred, live stakes were planted along each bank.
On April 3, 2023, DWR conducted an As -Built site walk. Three areas were identified as in need of
supplemental planting: along the top of the bank of UT2 at the western easement boundary, along the
top of the bank on UT3 between D4 and D5, and along the top of the bank on D5 (see Figure 4.).
Supplemental planting is planned to take place at the end of 2023 or the beginning of 2024.
Vegetation management and herbicide applications may be needed over the first few years of tree
establishment in the riparian restoration areas to prevent encroachment of undesirable species that
may out -compete the planted native vegetation.
The species composition planted was selected based on the desired community type, occurrence of
species in riparian areas adjacent to the Parcel, and best professional judgement. Trees were spaced at 7
feet by 12 feet, which is sufficient to meet the performance standards outlined in the Rule 15A NCAC
02B .0295. Table 6 in Appendix A lists the tree species and quantities planted on the Parcel.
The easement was marked using conservation easement placards mounted on t-posts following the
entirety of the boundary. These signs will be maintained and replaced, if necessary, throughout the
monitoring years.
4.0 Project Credit Potential and Deviations from the Bank Parcel Development Package (BPDP)
Of the 47.1 acres protected under the conservation easement, 42.0 acres were restored, of which the
Sponsor is requesting 16.5 acres be used to generate riparian buffer credit. The remaining 25.5 acres of
restored land will be used to generate nutrient offset nitrogen credits (57,929.684 credits). In general,
riparian restoration area widths on streams extend out to 100 feet from top of bank for riparian buffer
credits. Riparian restoration width extends from top of bank out to 200 feet on ditches and 101 feet to
200 feet on streams for nutrient offset credits. No major changes to credits were made from the
approved BPDP. Credit calculations based on the as -built survey resulted in a slight increase in nutrient
credit area from what was calculated via GIS for use in the BPDP, and a slight decrease in buffer credit
area. This equated to an additional 15.289 nutrient offset credits and a reduction of 9.499 buffer credits.
A map detailing the credit generation is provided in Figure 3.
5.0 Monitoring Protocol & Success Criteri,
Thirty-four 10-meter by 10-meter vegetation monitoring plots were installed within the riparian
restoration area to measure the survival of the planted trees (Figure 4). The number of plots required
was determined in accordance with the Carolina Vegetative Sampling Protocol (CVS) Level 2. Vegetation
assessments were completed in February 2023 following the CVS Level 2 Protocol for Recording
Vegetation, Version 4.2 (Lee et al. 2008). Baseline data shows a planted stem density of 623 stems per
acre (Table 7). This surpasses the requirement of 260 stems per acre at the end of year five monitoring.
%A11 Rosewood Mitigation Bank Parcel Page 2
As -Built & Baseline Monitoring Report —July 2023
Each year a reference photo will be taken from the southwestern corner of each vegetation plot, and all
planted stems will be marked with flagging tape and recorded.
Yearly monitoring activities will begin in the Fall of 2023 and will commence annually in September or
October for the remainder of the monitoring period. Species composition, density, height, survival rates,
and vigor will be evaluated on an annual basis by plot for the entire Parcel. Wildlands shall submit to the
North Carolina Division of Water Resources (NCDWR) an annual monitoring report, no later than
December 31s' of each year for five consecutive years and will follow the terms and conditions of the
BPDP approved in July 2022. The measure of vegetative success for the Parcel will be the survival of at
least four native hardwood tree species, where no one species is greater than 50% of the established
planted stems, and an established density of at least 260 planted trees per acre at the end of monitoring
year five. Appropriate and desirable native volunteer species may be included in the Parcel's density to
meet the performance standards with NCDWR approval.
6.0 Financial Assurance & Long -Term Management
6.1 Financial Assurance
After completion of the restoration/construction, a separate Performance/Maintenance Bond will be
secured for 100% of the estimated cost to implement the monitoring and maintenance plan, but not less
than $100,000.00. The Performance/Maintenance Bond shall apply at the inception of the monitoring
period for a term of one year, to be extended annually for a minimum of five years. Upon NCDWR
approval, this may be lowered each year based on the adjusted cost to complete the monitoring.
6.2 Parcel Maintenance
Adaptive measures will be developed, or appropriate remedial actions will be implemented if the Parcel
or a specific component of the Parcel fails to achieve the success criteria. Parcel maintenance will be
performed to correct any identified problems that have a high likelihood of affecting project success.
Such items include, but are not limited to, fire, flooding, drought, or insects that cause excess tree
mortality. Any actions implemented will be designed to achieve the success criteria and will include a
work schedule and updated monitoring criteria. Any parcel maintenance performed will be included in
the monitoring report for that year. A rigorous herbicide schedule may be implemented in the first few
years of tree establishment in the restoration areas to prevent establishment of invasive species that
may out -compete the planted native vegetation. The only herbicides used on the Parcel will be aquatic
approved herbicides that will be applied in accordance with North Carolina Department of Agriculture
rules and regulations.
The easement boundary will be checked annually as part of monitoring activities. Easement boundary
conditions as well as any maintenance performed will be reported in the annual monitoring reports to
NCDWR. If mowing is deemed necessary by the Sponsor during the monitoring period, the Sponsor must
receive approval from NCDWR prior to conducting any mowing activities within Zone 1 and Zone 2 of
the Neuse buffers to ensure that no buffer violations have occurred.
%A11 Rosewood Mitigation Bank Parcel Page 3
As -Built & Baseline Monitoring Report —July 2023
7.0 References
Lee, M.T., Peet, R.K., Steven D., & Wentworth, T.R. (2008). CVS-EEP Protocol for Recording Vegetation
Version 4.2 [PDF file].
NC Department of Environment and Natural Resources, Ecosystem Enhancement Program. (2004).
Guidelines for Riparian Buffer Restoration [PDF file].
NC Department of Environmental Quality. (2015). 15A NCAC 02B .0259 Mitigation Program
Requirements for Protection and Maintenance of Riparian Buffers [PDF file].
Peet, R.K., Wentworth, T.R., & White, P.S. (1998). A flexible, multipurpose method for recording
vegetation composition and structure [PDF file]. Castanea, 63:262-274.
Wildlands Holdings III, LLC. (2022). Rosewood Mitigation Bank Parcel Development Package. NCDWR,
Raleigh NC.
%A11 Rosewood Mitigation Bank Parcel Page 4
As -Built & Baseline Monitoring Report —July 2023
APPENDIX A. General Figures and Tables
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Table 2. Project Activity and Reporting History
Rosewood Mitigation Bank Parcel
Monitoring Year 0 - 2023
Black Dirt and Rosewood Buffer Nutrient Offset Mitigation LIMB
N/A
February 2022
BPDP Approval Date
N/A
July 2022
Conservation Easement
N/A
July 2022
Bare Root Planting
N/A
February 2023
As -Built and Baseline Monitoring Document (Year 0)
February 2023
July 2023
Year 1 Monitoring
2023
December 2023
Year 2 Monitoring
2024
December 2024
Year 3 Monitoring
2025
December 2025
Year 4 Monitoring
2026
December 2026
Year 5 Monitoring
202i
December 2027
Table 3. Project Contact Table
Rosewood Mitigation Bank Parcel
Monitoring Year 0 - 2023
Wildlands Holdings III, LLC
Bank Sponsor
1430 South Mint Street, Suite 104
Charlotte, NC 28203
704.332.7754
Bruton Natural Systems, Inc
Planting Contractor
P.O. Box 1197
Fremont, NC 27830
Nursery Stock Suppliers
Dykes and Sons Nursery and Greenhouse
Bare Roots
825 Maude Etter Rd
McMinnville, TN 37110
Monitoring Performers
Wildlands Engineering, Inc.
Kaitlyn Hogarth
Monitoring, POC
919.851.9986, ext. 122
Table 4. Project Information and Attributes
Rosewood Mitigation Bank Parcel
Monitoring Year 0 - 2023
PROJECT•
•
Project Name
Rosewood Mitigation Bank Parcel
County
Wayne County
Project Area (acres)
47.13
Project Coordinates (latitude and longitude)
35.406567 N,-78.075854 W
Physiographic Province
Outer Coastal Plain
River Basin
Neuse River
USGS Hydrologic Unit 8-digit
03020201
USGS Hydrologic Unit 14-digit
03020201200030
D W R Sub -basin
03-04-12
1,006 - UT to Charles Branch, 41 - UTl, 186 - UT2, 53 - UT3, 84 - D1, 20
Project Drainiage Area (acres)
D2, 8 - D3
Project Drainage Area Percentage of Impervious Area
4.0%
UT to Charles Branch - 62% agriculture, 18%forested, 20% developed;
UTl-50%agriculture, 25%forested, 25%developed; UT2-60%
agriculture, 20%forested, 20%developed; UT3 - 35%agriculture, 5%
CGIA Land Use Classification
forested, 60% developed; DI - 10% agriculture, 30% forested, 30%
scrubland, 30% developed; D2 - 50% agriculture, 50% developed; D3 -
100%agriculture
Table 5. Adjacent Forested Areas Existing Tree and Shrub Species
Rosewood Mitigation Bank Parcel
Monitoring Year 0 - 2023
Common Name
hN Am
Baccha ris
Scientific Name
Bocchoris spp.
Wetland
Indicator
Status
FAC
Red Maple
Acerrubrum
FAC
Sweetgum
Liquidambor styracifluo
FAC
American Holly
Ilex opoca
FACU
Blackberry
Rubus spp.
FAC
Loblolly Pine
Pinus toedo
FAC
Black Willow
Solix nigra
OBL
Table 6. Planted Tree Species
Rosewood Mitigation Bank Parcel
Monitoring Year 0 - 2023
Black Cherry
Prunus serotino
78
10%
Boxelder
Acer negundo
72,178
10%
Cherrybark Oak
Quercus pagoda
78
10%
Cottonwood
Populus deltoides
78
10%
Persimmon
Diospyros virginiana
2178
10%
River Birch
Betulo nigra
3,267
15%
Sweetbay Magnolia
Magnolia virginiana
1,089
5%
Sycamore
Plotonus occidentolis
3,267
15%
Water Oak
Quercus nigra
2,178
10%
Southern Red Oak
Quercusfalcoto
1,089
5%
Directions: From the City of Raleigh, travel on
1-40 East for approximately 10 miles, following
signs for Benson/Wilmington. Take exit 309 for
US-70 E toward Smithfield/ Goldsboro. Continue
on US-70 E for approximately 34 miles then turn
right on Community Drive. In 2.2 miles turn right
onto NC-581 S. Drive for 0.7 miles and the parcel
will be on the right and is accessible via a dirt
road alongside the house at 753 NC 581.
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Figure 1. Vicinity Map
W I L D L A N D S 0 5 10 Miles Rosewood Mitigation Parcel
E N G I N E E R I N G I I I I I
As -Built Report
Neuse River Basin (03020201)
Wayne County, NC
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rftsboro
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Liffington Buies Creek
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1 Loui-:.hi.,r7
.,Minn
Smithfield
Four Oak
Sm
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E= County Boundaries j
F H U C 03020201 j
Riparian Buffer and Nutrient Offset Credits 9
Service Area '
Rosewood Mitigation Bank Parcel Location
�Wl LD LAND S
E N G I N E E R I N G
0 5 10 Miles
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Figure 2. Credit Service Area Map
Rosewood Mitigation Bank Parcel
As -Built Report
Neuse River Basin (03020201)
Wayne County, NC
Project Location
Bank Parcel Conservation Easement
Project Stream
Project Ditch
Non -Project Ditch
":''• ` Existing Utility Easement
Riparian Restoration for Buffer Credits
X
i� Riparian Restoration for Nutrient Offset
Credits
Not for Credit
Existing Utility Line
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Figure 3. Credit Generation Map
W I L D L A N D S 0 175 350 Feet Rosewood Mitigation Bank Parcel
kt� ENGINEERING I I I I I As -Built Report
Neuse River Basin (03020201)
Wayne County, NC
Project Location
Bank Parcel Conservation
�— Easement
Project Stream
x a� Project Ditch
` Non -Project Ditch
Riparian Restoration for Buffer
- Credits
Riparian Restoration for Nutrient
Culvert Removal h 0 ® ® ' Offset Credits
as ' Not for Credit
px ® Fixed Vegetation Plot
0 Existing Utility Easement
Culvert Removal Supplemental Planting
Existing Utility Line
5
♦ 1 ® Awl
Culvert Removal
Culvert
Replacement
Bank Stabilization
via Overland Flow
Diffusion and Live ;.
Staking *♦ �:�.
Bank Grading R _
elf
Bank Grading
Bank Grading
Bank Grading Bank Grading
♦ Bank Grading �.
Bank Grading -`• ..•
Figure 4. Monitoring Components Map
W I L D L A N D S 0 175 350 Feet Rosewood Mitigation Bank Parcel
%kv E N G I N E E R I N G I I I I I
As -Built Report
Neuse River Basin (03020201)
Wayne County, NC
ROSEWOOD MITIGATION BANK PARCEL
I, ELISABETH G. TURNER, AS A DULY REGISTERED
PROFESSIONAL LAND SURVEYOR IN THE STATE OF NORTH
CAROLINA, CERTIFY THAT THIS BUFFER MAP WAS DRAWN
UNDER MY SUPERVISION, IS AN ACCURATE AND COMPLETE
REPRESENTATION OF WHAT WAS CONSTRUCTED IN THE FIELD,
THAT THE EASEMENT BOUNDARY IS BASED ON PLAT BOOK _
SEE , PG NOTES RECORDED IN WAYNE COUNTY REGISTER
OF DEEDS OFFICE, AND THAT THE BUFFER AREAS SHOWN ARE
CALCULATED FROM AS -BUILT CONDITIONS EXCEPT WHERE
OTHERWISE NOTED HEREON. WITNESS MY ORIGINAL
SIGNATURE, REGISTRATION NUMBER, AND SEAL THIS 5th DAY
OF JULY, 2023.
` R�NtICAR0�
SEAL
ELISABETH G. TURNER, P.L.S. #L-4440 = 'f L-4440
-m'v o �;
JgeF . S U G
GENERAL NOTES:
1. ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES IN
U.S. SURVEY FEET UNLESS OTHERWISE NOTED.
2. THE BASIS OF BEARINGS IS NCGS STATE PLANE
NAD83(2011) DATUM.
3. THE AREA SHOWN HEREON WAS COMPUTED USING THE
COORDINATE COMPUTATION METHOD.
4. THE PURPOSE OF THIS PLAT IS TO SHOW THE AS -BUILT
AREAS FOR RIPARIAN BUFFER CREDITS WITHIN THE
CONSERVATION EASEMENT. THIS PLAT IS NOT
BOUNDARY SURVEY. THE LAND PARCELS AND THEIR
BOUNDARIES AFFECTED BY THIS CONSERVATION
EASEMENT ARE NOT CHANGED BY THIS PLAT.
5. LINES NOT SURVEYED ARE SHOWN AS A DASHED LINETYPE
AND WERE TAKEN FROM INFORMATION REFERENCED ON
THE FACE OF THIS PLAT.
6. SUBJECT TO ALL EASEMENTS, RIGHT OF WAYS, AND/OR
ENCUMBRANCES THAT MAY AFFECT THE PROPERTY(S).
7. CONSERVATION EASEMENT MAP RECORDED IN PLAT BOOK
P, PG. 67-A IN THE WAYNE COUNTY REGISTER OF DEEDS
OFFICE.
8. STREAM TOP OF BANK LINES TAKEN FROM TOPOGRAPHIC
SURVEY BY TURNER LAND SURVEYING.
LINE LEGEND:
—CE—CONSERVATION EASEMENT
— — — —RIGHT—OF—WAY
— — —PROPERTY LINE
TOP OF BANK
250' 0' 250' 500'
SCALE: 1 inch = 250 feet (11x17)
00WOM*M4
Riparian Buffer Credit:
SQ. FT.
Acres
Streams & Ditches
101,491
2.33
Buffer Restoration
391
0.009
0'-29' (Min. 20')
Buffer Restoration
717266.3
16.466
0'-100' (Min. 30')
Nutrient Offset Stream
549,664
12.618
101'-200'
Nutrient Offset Ditch
313,045
7.186
0'-100' (Min. 50')
Nutrient Offset Ditch
247,452
5.681
101'-200'
No Credit
123,482
2.835
Total CE Area
2,052,791
47.125
THIS MAP IS NOT FOR RECORDATION, SALES, OR
CONVEYANCES AND DOES NOT COMPLY WITH G.S.
47-30 MAPPING REQUIREMENTS.
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AS -BUILT SURVEY OF BUFFER AREAS FOR
REVISIONS,OATEANO INITIAL:
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WILDLANDS ENGINEERING, INC.
ROSEWOOD MITIGATION BANK PARCEL
SWANNANOA,NC28778
RNER PO BOX148
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AS -BUILT SURVEY OF BUFFER AREAS FOR
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VEGETATION PLOT PHOTOGRAPHS
Rosewood Mitigation Bank Parcel
Appendix B: Vegetation Plot Data —Vegetation Plot Photographs
VEG PLOT 7 (112412023) 1 VEG PLOT 8 (112412023) 1
VEG PLOT 9 (112412023) 1 VEG PLOT 10 (112412023) 1
VEG PLOT 11 (112412023)
VEG PLOT 12 (112412023)
Rosewood Mitigation Bank Parcel
Appendix B: Vegetation Plot Data —Vegetation Plot Photographs
VEG PLOT 13 (112412023) 1 VEG PLOT 14 (112412023) 1
VEG PLOT 15 (112412023) 1 VEG PLOT 16 (112412023) 1
VEG PLOT 17 (112412023)
VEG PLOT 18 (112412023)
Rosewood Mitigation Bank Parcel
Appendix B: Vegetation Plot Data —Vegetation Plot Photographs
Rosewood Mitigation Bank Parcel
Appendix B: Vegetation Plot Data —Vegetation Plot Photographs
VEG PLOT 25 (112412023) 1 VEG PLOT 26 (112412023) 1
VEG PLOT 27 (112412023) 1 VEG PLOT 28 (112412023) 1
VEG PLOT 29 (112412023)
VEG PLOT 30 (112412023)
Rosewood Mitigation Bank Parcel
Appendix B: Vegetation Plot Data —Vegetation Plot Photographs
VEG PLOT 31 (112412023) 1 VEG PLOT 32 (112412023) 1
VEG PLOT 33 (112412023) I VEG PLOT 34 (112412023) I
Rosewood Mitigation Bank Parcel
Appendix B: Vegetation Plot Data —Vegetation Plot Photographs
APPENDIX C. NCDWR Surface Water Determination
and Site Viability Letter
DocuSign Envelope ID: 24F8388A-94ED-4E4C-8052-4F634C1 1 AF06
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
March 8, 2021
DWR Project # 20201940
Wayne County
Ronald and Paula Waters
165 Perkins Mill Road
Goldsboro, NC 27530
Spring Hill Farms LLC
Frank and Lynette Howell
106 J&L Drive
Goldsboro, NC 27560
(via email to aeckardt@wildlandseng.com)
Subject: On -Site Determination for Applicability to the Neuse Buffer Rules (15A NCAC 02B .0714)
Project Name: Rosewood Bank Parcel
Address / Location: West of Goldsboro adjacent to NC 581S (35.407260-78.075280)
Determination Date: February 25, 2021 Staff: Rick Trone
Ms. Eckardt,
On February 25, 2021, Rick Trone of the Division of Water Resources conducted an on -site review of
features located on the subject property at the request of Wildlands Engineering, Inc. to determine
the applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 02B .0714).
The enclosed map(s) depict the feature(s) evaluated. This information is also summarized in the
table below. Streams that are considered "Subject" have been located on the most recently
published NRCS Soil Survey of Wayne County and/or the most recent copy of the USGS Topographic
(at 1:24,000 scale) map(s), have been located on the ground at the site, and possess characteristics
that qualify them to be at least intermittent streams. Features that are considered "Not Subject"
have been determined to not be at least intermittent or not present on the property or not
depicted on the required maps.
This determination only addresses the applicability to the buffer rules and does not approve any
activity within buffers or within waters of the state. There may be other streams or features
located on the property that do not appear on the maps referenced above. Any of the features
on the site may be considered jurisdictional according to the US Army Corps of Engineers and
subject to the Clean Water Act.
The following table addresses the features rated during the DWR site visit:
D E Q��
mNorth Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
u NORTHCaRoNA
Department /`� 919.707.9000
DocuSign Envelope ID: 24F8388A-94ED-4E4C-8052-4F634C1 1 AF06
DWR # 20201940 Ver 1 Rosewood Bank Parcel
Wayne County
Page 2 of 3
Feature
Depicted
Depicted on
Type'
Subject
Start @
Stop @
on
ID
Soil Survey
USGS Topo
UT to
Outside project
Charles
I
X
Outside project boundary
boundary
X
X
Branch
UT1
I
X
Approximately 35.406204
UT to Charles Branch
X
X
-78.073560
UT2
I
X
Outside project boundary
UT to Charles Branch
X
X
UT3
I
X
Outside project boundary
UT to Charles Branch
X
D1
D
Outside project boundary
UT to Charles Branch
D2
D
Outside project boundary
UT to Charles Branch
D3
I
Outside project boundary
UT1
Approximately 35.407521
D4
D
-78.075585
UT1
(1) E = Ephemeral, I = Intermittent, P = Perennial, NP = Not Present, NE=Not Evaluated, D = Ditch
This on -site determination shall expire five (5) years from the date of this letter. Landowners or
affected parties that dispute a determination made by the DWR may request a determination by
the Director. An appeal request must be made within sixty (60) calendar days of the date of this
letter to the Director in writing.
If sending via U.S. Postal Service:
DWR 401 & Buffer Permitting Branch
Supervisor
1617 Mail Service Center
Raleil?h, NC 27699-1617
If sending via delivery service (UPS, FedEx, etc.)
DWR 401 & Buffer Permitting Branch
Supervisor
512 N Salisbury St.
Raleigh, NC 27604
This determination is final and binding as detailed above unless an appeal is requested within sixty
(60) calendar days.
This letter only addresses the features on the subject property and within the proposed project
easement and does not approve any activity within buffers or within waters of the state. If you
have any additional questions or require additional information, please contact Rick Trone at (919)
707-3631 or rick.trone@ncdenr.gov. This determination is subject to review as provided in Articles
3 & 4 of G.S. 150B.
Sincerely,
DocuSigned by:
949D91 BA53EF4E0...
Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
Enclosures: USGS Topographical Map, NRCS Soil Survey, Site Map
cc: 401 & Buffer Permitting Branch files
DocuSign Envelope ID: 24F8388A-94ED-4E4C-8052-4F634C1 1 AF06
Site Map
Map provided by Wildlands
Engineering, Inc.
44
f xk
4
5
a
i
Project 1bration
L __� Propo9ed Comervation Ea9,ement ^�s
1
Utility Easement
Prajert Stream
■•■••••■ Prajert Ditch
- Non-Projert Stream
w
1LDLAND
ENGINEERING
DWR # 20201940 Rosewood Bank Parcel
Wayne County
Page 3 of 3
t
Figure 1_ Site Map
0 20C 400 fr.,... Rosewood Mitigation Bank Parcel
Ili I I Neuse River Basin (03020201)
Wayne County, SIC
DocuSign Envelope ID: 24F8388A-94ED-4E4C-8052-4F634C1 1 AF06
Rosewood Bank Parcel
Wayne County, NC-DWR Project # 20201940
44
41 i UT to Charles
Branch: Subject
Y... r
x iAr �•,s+.
• D }
Al
! ,}'r .r �': fir'{'f.• •::r •;
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{:
0 Ra
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.i. . L_v :
. UTI Subject 581
PO
NRCS Soil Survey Sheet 13
�Y Mom,
Wayne CO NC 1974 Wit' y Locations are approximate
Legend' o and are provided for refer-
, ence only
-property boundary '� ,�,,,,,,n ,�
DocuSign Envelope ID: 24F8388A-94ED-4E4C-8052-4F634C1 1 AF06
Rosewood Bank Parcel
Wayne County, NC-DWR Project # 20201940
570
UT to Charles
ppt
AWELL RD
USGS Topographical Map a�a
yr(so.n3
NW Goldsboro Quadrangle 2019 ,�
Locations are approximate
Legend' o and are provided for refer-
ence only
-property boundary
DocuSign Envelope ID: B8819A47-3E1A-4AFB-B8D6-8094CEE855C2
ROY COOPER
Governor
DIONNE DELLFGATTI
Secretary
S. DANIEL SMITH
Director
\nFQWM
NORTH CAROLINA
Environmental Quality
April 19, 2021
Andrea Eckardt
Wildlands Engineering, Inc
(via electronic mail: aeckardtgwildlandsen c�om )
Re: Site Viability for Buffer Mitigation & Nutrient Offset — Rosewood Site
867 NC Hwy 581 Hwy S, Goldsboro (near 35.403316,-78.075560)
Neuse 03020201
Wayne County
Dear Ms. Eckardt,
On March 23, 2021, Katie Merritt, with the Division of Water Resources (DWR), received a request
from you on behalf of Wildlands Engineering, Inc (Wildlands) for a site visit near the above -
referenced site in the Neuse River Basin within the 8-digit Hydrologic Unit Code 03020201. The site
visit was to determine the potential for riparian buffer mitigation and nutrient offset within a
proposed conservation easement boundary, which is more accurately depicted in the attached map
labeled "Figure 1-Site Map" (Figure 1) prepared by Wildlands. The proposed easement boundary in
Figure 1, includes all riparian areas intended to be proposed as part of a private mitigation bank. On
March 25, 2021, Ms. Merritt performed a site assessment of the subject site. Staff with Wildlands
were also present.
Ms. Merritt's evaluation of the features onsite and their associated mitigation determination for the
riparian areas are provided in the table below. This evaluation was made from Top of Bank (TOB)
and landward 200' from each feature for buffer mitigation pursuant to 15A NCAC 02B .0295
(effective November 1, 2015) and for nutrient offset credits pursuant to 15A NCAC 02B .0703.
Feature
Classification
tSubiect
Riparian Land uses
Buffer
'Nutrient
','Miti!ation Tvpe Determination Win
to
riparian areas
onsite
adiacent to Feature
Credit
Offset
Buffer
0( 200,)
Viable
Viable
Rule
UTl a
Stream
No
Right Bank - non -forested
2YeS
Yes (non-
Non -forested fields - Restoration Site per
agricultural fields
forested
15A NCAC 02B .0295 (o)(3)
fields only)
Left Bank - mature forest
Forested Areas — Preservation Site per
with areas of maintained
15A NCAC 02B .0295 (o)(4)
lawn
UTlb
Stream
Yes
non -forested agricultural
Yes
Yes
Non -forested fields - Restoration Site per
fields; a compromised
15A NCAC 02B .0295 (n)
culvert is present and is
proposed to be removed
Compromised culvert needs to be removed
or replaced to restore flow and allow for
aquatic life passage
E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROHNA -
oePemmencaiemiroamMtaiWari /� 919.707.9000
DocuSign Envelope ID: B8819A47-3E1A-4AFB-B8D6-8094CEE855C2
Rosewood Site
Wildlands Engineering, Inc.
April 19, 2021
Feature
Classification
'Subiect
Riparian Land uses
Buffer
.'Nutrient
4,sMitiE!ation Tvpe Determination Win
onsite
to
riparian areas
adiacent to Feature
Credit
Offset
Buffer
0( 200,)
Viable
Viable
Rule
UT2
Stream
Yes
Non -forested agricultural
'Yes
Yes ( non-
Non -forested fields - Restoration Site per
fields with a small forested
forested
15A NCAC 02B .0295 (n)
area
fields only)
Forested Areas — Preservation Site per
15A NCAC 02B .0295 (o)(5)
UT3
Stream
Yes
Right Bank - non -forested
Yes
Yes (non-
Restoration Site per 15A NCAC 02B
agricultural with some
forested ag
.0295 (n)
debris in the channel; Left
fields only)
Bank - maintained lawn
Need to remove small/medium debris from
(not included within
the channel
easement boundary)
UT to
Stream
Yes
Compromised culvert at
'Yes
Yes (non-
Non -forested fields - Restoration Site per
Charles
UT with eroding channel,
forested
15A NCAC 02B .0295 (n)
Branch
mostly non -forested
fields only)
agricultural fields and some
Forested Areas — Preservation Site per
forested areas; located
15A NCAC 02B .0295 (o)(5)
within two DOT Right Of
Ways (ROW)
Minor bank stabilization and grading
needed where bank stability is
compromised and where erosional rills,
sink holes and gullies are observed.
Culvert must be replaced.
Note: No credits are allowed within the
DOT R.O.W
DI
Ditch
No
Left Bank - Non -forested
No
Yes (non-
Restoration Site per 15A NCAC 02B
>3' depth
agricultural fields; overhead
forested
.0295 (n)
utility easement present (-0.
left bank
confluence w/ UT Charles
side only)
*Note: Must be able to secure hydrologic
Branch
*see note
connection to UT to Charles Branch and
Right Bank - timbered
have a contiguous riparian restoration to
UT to Charles Branch to be viable for
credits. A survey of the exact location of
the utility easement is needed to make this
final determination
D2
Ditch
No
Non -forested agricultural
No
Yes
Restoration Site per 15A NCAC 02B
>3' depth
fields
.0295 (n)
D3
Ditch
No
Non -forested agricultural
No
Yes
Restoration Site per 15A NCAC 02B
>3' depth
fields
.0295 (n)
Page 2 of 4
DocuSign Envelope ID: B8819A47-3E1A-4AFB-B8D6-8094CEE855C2 Rosewood Site
Wildlands Engineering, Inc.
April 19, 2021
Feature
Classification
onsite
'Subiect
Riparian Land uses
adjacent to Feature
Buffer
Credit
.'Nutrient
Offset
4,sMitiE!ation Tvpe Determination w/in
to
riparian areas
Buffer
0( 200,)
Viable
Viable
Rule
D4
Ditch
No
Non -forested agricultural
*see note
Yes
Restoration Site per 15A NCAC 02B
<3' depth
fields
.0295 (o)(8)
*Buffer Mitigation Note - Assessment
concludes the ditch meets 15A NCAC
02B .0295 (o)(8) (A, B, C, D & E). More
information is required to be provided
in a mitigation plan for complete
assessment. See rule.
'Subjectivity calls for the features were determined by DWR in correspondence dated March 8, 2021 (ID# 2020-1940) using the
1:24,000 scale quadrangle topographic map prepared by USGS and the most recent printed version of the soil survey map prepared by
the NRCS .
'The area of preservation credit within a buffer mitigation site shall comprise of no more than 25 percent (25%) of the total area of buffer
mitigation per 15A NCAC 0295 (o)(5) and 15A NCAC 0295 (o)(4). Site cannot be a Preservation Only site to comply with this rule.
'NC Division of Water Resources - Methodology and Calculations for determining Nutrient Reductions associated with Riparian Buffer
Establishment
4Determinations made for this Site are determined based on the proposal provided in maps and figures submitted with the request.
s All features proposed for buffer mitigation or nutrient offset, must have a planted conservation easement established that includes the
tops of channel banks when being measured perpendicular and landward from the banks, even if no credit is viable within that riparian
area.
'The area of the mitigation site on ephemeral channels shall comprise no more than 25 percent (25%) of the total area of buffer
mitigation per 15A NCAC 02B .0295 (o)(7).
Determinations provided in the table above were based on the proposed conservation easement
boundaries depicted in Figure 1 for the site. The map representing the proposal for the site is
attached to this letter and is initialed by Ms. Merritt on April 19, 2021. Substantial changes to the
proposed easement boundaries could affect the site's potential to generate buffer mitigation and
nutrient offset credits.
This letter does not constitute an approval of this Site to generate buffer and nutrient offset credits.
Pursuant to 15A NCAC 02B .0295, a mitigation proposal and a mitigation plan shall be submitted to
DVWR for written approval prior to conducting any mitigation activities in riparian areas and/or
surface waters for buffer mitigation credit. Pursuant to 15A NCAC 02B .0703, a proposal regarding a
proposed nutrient load -reducing measure for nutrient offset credit shall be submitted to DVWR for
approval prior to any mitigation activities in riparian areas and/or surface waters.
All vegetative plantings, performance criteria and other mitigation requirements for riparian
restoration, enhancement and preservation must follow the requirements in 15A NCAC 02B .0295 to
be eligible for buffer and/or nutrient offset mitigation credits. For any areas depicted as not being
viable for nutrient offset credit above, one could propose a different measure, along with supporting
calculations and sufficient detail to support estimates of load reduction, for review by the DVWR to
determine viability for nutrient offset in accordance with 15A NCAC 02B .0703.
This viability assessment will expire on April 19, 2023 or upon approval of a mitigation plan
by the DWR, whichever comes first. This letter should be provided in any nutrient offset,
buffer, stream or wetland mitigation plan for this Site.
Page 3 of 4
DocuSign Envelope ID: B8819A47-3E1A-4AFB-B8D6-8094CEE855C2 Rosewood Site
Wildlands Engineering, Inc.
April 19, 2021
Please contact Katie Merritt at (919) 707-3637 if you have any questions regarding this
correspondence.
Sincerely,
PW/kym
Attachments: "Figure 1 — Site Map"
cc: File Copy (Katie Merritt)
DocuSigned by:
P e �e6P
949D91BA53EF4E0...
Paul Wojoski, Supervisor
401 and Buffer Permitting Branch
Page 4 of 4
DocuSign Envelope ID: B8819A47-3E1A-4AFB-B8D6-8094CEE855C2
-F` Project Location
Proposed Conservation Easement
DS
� Internal Crossing
+� Utility Easement
�.
- Project Stream 4/19/2021
M
Project Ditch
Powerline
Non -Project Ditch
Existing Culverts
10
�O
I
OL
W�Tvk W I L D L A N D S
E N G I N E E R I N G
Existing Culvert
to be Removed
Figure 1. Site Map
0 200 400 Feet Rosewood Mitigation Bank Parcel
I i i i I Neuse River Basin (03020201)
Wayne County, NC
APPENDIX D. Conservation Easement
Page 1 of,14
r
�1111111111{l{Ili{lllllllllllfl{llllll{lll14�111{{ll{lllll{Ill{{MlSlllllllllll
Doc ID: 013381750014 Type: CRP
Recorded: 07/19/2022 at 01:00:46 PM
Fee AM.$1,496.00 Pape i of 14
Revenue Tax: $1,470.00
WAYNE COUNTY, NC
%CONSTANCE B. CORAM REGISTER OF DEEDS
6 K3752PG639-652
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Wildlands Engineering, Inc.
1430 South Mint Street, Suite 104
Charlotte, North Carolina 28203
Attn:,Matt Covington
2�e
bq �6
1
4
SPACE ABOVE THIS LINE FOR RECORDER'S
USE
PERMANENT CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT ("Conservation Easement") made this 19th day of July, 2022 by and
between Ronald E. Waters, unmarried ("Grantor"), and Unique Places to Save, a North Carolina non-
profit corporation ("Grantee").
The designation Grantor and Grantee as used herein shall include'said parties, their heirs, successors
and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context.
RECITALS
1
WHEREAS, Grantor owns in fee simple certain real property situated, lying and being in Wayne County,
North Carolina, more particularly shown on Exhibit A attached hereto and incorporated herein,
("Property") and being a portion of the Property conveyed to the grantor by deed recorded in Deed Book
2890 at Page 739 of the Wayne County Registry, North Carolina Registry, identified as Tax Parcel
Identification Number 2670-53-4130;
WHEREAS, Grantee is a 501(c)(3) North Carolina nonprofit corporation whose purpose is the
conservation of the property and which is qualified to be the Grantee of a conservation easement
pursuant to N.C. Gen. Stat.§ 121-35;
WHEREAS, Grantor and Grantee recognize the conservation, scenic, natural, or aesthetic value of the
Property inits natural state, which includes the following natural communities: unnamed tributaries and
open field ditches which flows into Charles Branch and eventually to the Neuse River. The purpose of
this Conservation Easement is to maintain riparian resources and other natural values of approximately
1
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5.23.22 mtc
0
Page 2 of 14
35.687 acres, more or less, and being more particularly described in Exhibit B attached hereto and
incorporated fully herein by reference (the "Conservation Easement Area"), and prevent the use or
development of the Conservation Easement for any purpose or in any manner that would conflict with
the maintenance in its natural condition.
WHEREAS, the preservation of the Conservation Easement Area is required by the Wildlands Holdings
111, LLC Rosewood/Black Dirt Nutrient Offset and Buffer Umbrella Mitigation Banking Instrument
("MBI") (DWR #2020-194Ov2). The Conservation Easement Area will be restored to a natural vegetated
condition as provided in and specified in Rosewood Mitigation Bank Parcel Bank Parcel Development
Package ("BPDP"). The Rosewood Mitigation Bank is intended to be used to compensate for
unavoidable buffer impacts authorized by permits issued by the North Carolina Division of Water
Resources ("NCDWR") and to provide mitigation for nutrient offsets due to development (both existing
and proposed) within restricted areas of the Neuse River Basin.
WHEREAS, Grantor and Grantee agree that third -party rights of enforcement shall be held by
Wildlands Holdings Ill, LLC (the "Bank Sponsor") and NCDWR, including any successor entities
or agencies, and may be exercised through the appropriate enforcement agencies of the United
States and the State of North Carolina, and that these rights are in addition to, and do not limit
the enforcement rights under the MBI, BPDP, or any permit or certification issued by Third -Parties.
The Bank Sponsor's right of enforcement shall terminate upon close-out and final release of all
mitigation credits from the Rosewood Mitigation Bank.
NOW, THEREFORE, for and in consideration of the covenants and representations contained herein and
for other good and valuable consideration, the receipt and legal sufficiency of which is hereby
acknowledged, Grantor hereby unconditionally and irrevocably grants and conveys unto Grantee, its
heirs, successors and assigns, forever and in perpetuity this Conservation Easement of the nature and
character and to the extent hereinafter set forth, over the Conservation Easement Area described in
Exhibit B, together with the right to preserve and protect the conservation values thereof, as follows:
ARTICLE 1.
DURATION OF EASEMENT
This Conservation Easement shall be perpetual. This Conservation Easement is an easement in gross,
runs with the land and is enforceable by Grantee against Grantor, Grantor's personal representatives,
heirs, successors and assigns, lessees, agents and licensees.
ARTICLE 11.
PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, ,the Conservation Easement Area inconsistent with the purpose of this
Conservation Easement is prohibited. The Conservation Easement Area shall be preserved in its
natural condition and restricted from any development or other activities that would impair or interfere
with the conservation values of the Conservation Easement Area.
Without limiting the generality of the foregoing, the following activities and uses are expressly
prohibited, restricted or reserved as indicated hereunder:
OA
5.23.22 mtc
Page 3 of 14
A. Disturbance of Natural Features. Any change, disturbance, alteration or impairment of
the natural features of the Conservation Easement Area or any introduction of non-native plants and/or
animal species is prohibited.
B. Construction. There shall be no constructing or placing of any building, mobile home,
asphalt or concrete pavement, billboard or other advertising display, antenna, utility pole, tower,
conduit, line, pier, landing, dock or any other temporary or permanent structure or facility on or above
the Conservation Easement Area.
C. Industrial, Commercial and Residential Use. Industrial, residential and/or commercial
activities, including any right of passage for such, purposes are prohibited in the Conservation Easement
Area.
D. Agricultural, Grazing and Horticultural Use. Agricultural, grazing, animal husbandry, and
horticultural use of the Conservation Easement Area are prohibited.
E. Vegetation.. There shall be no removal, burning, destruction, harming, cutting or mowing
of trees, shrubs, or other vegetation on the Conservation Easement Area except as provided in the MBI
and BPDP. Mowing of invasive and herbaceous vegetation for purposes of enhancing planted or
volunteertrees and shrubs approved in the MBI and BPDP is allowable once a year for no more than five
consecutive years from the date on page 1 of this Conservation Easement, except where mowing will
negatively impact vegetation or disturb soils. Mowing activities shall only be performed by the Bank
Sponsor and shall not violate any part of Item M of Article Il.
F. Roads and Trails. There shall be no construction of roads, trails or walkways on the
Conservation Easement Area; nor enlargement or modification to existing roads, trails or walkways.
G. Signaee. No signs shall be permitted on or over the Conservation Easement Area, except
the posting of no trespassing signs, signs identifying the conservation values of the Conservation
Easement Area, signs giving directions or proscribing rules and regulations for the use of the
Conservation Easement Area and/or signs identifying the Grantor as owner of the Conservation
Easement Area.
H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned
vehicles, appliances, machinery or hazardous substances, or toxic or hazardous waste, or any placement
of underground or aboveground storage tanks or other materials on the Conservation Easement Area is
prohibited.
I. Excavation, Dredging or Mineral Use. There shall be no grading, filling, excavation,
dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other materials,
and no change in the topography of the land in any manner on the Conservation Easement Area.
J. Water Quality and Drainage Pattern. There shall be no diking, draining, dredging,
channeling, filling, leveling, pumping, impounding or related activities, or altering or tampering with
water control structures or devices, or disruption or alteration of the restored, enhanced, or created
3
5.23.22 mtc
Page 4 of 14
drainage patterns. In addition, diverting or causing or permitting the diversion of surface or
underground water into, within or out of the Conservation Easement Area by any means, removal of
wetlands, polluting or discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides
is prohibited.
K. Development Rights. No development rights that have been encumbered or extinguished
by this Conservation Easement shall be transferred pursuant to a transferable development rights
scheme or cluster development arrangement or otherwise.
L. Subdivision. The Grantor and Grantee agree that the Conservation Easement Area currently
consists of two contiguous land areas totaling approximately 35.687 acres within the Property. The
Grantor may not further subdivide the Conservation Easement Area, except with the prior written
consent of the Grantee. If Grantee grants permission for Grantor to further subdivide any portion of the
Conservation Easement Area, with appropriate permission from Grantee, Grantor must provide the
Grantee the name, address, and telephone number of new owner(s) of all property within the
Conservation Easement Area, if different from Grantor. No subdivision of the Conservation Easement
Area shall limit the right of ingress and egress over and across the Property for the purposes set forth
herein. Further, in the event of any subdivision of the Property (whether inside or outside of the
Conservation Easement Area) provision shall be made to preserve not only Grantee's perpetual rights of
access to the Conservation Easement Area, as defined herein, but also Grantee's right of perpetual
access to any conservation easements on properties adjacent to the Property which form a part of or
are included in the MBI and/or the BPDP or as otherwise acknowledged. Creation of a condominium or
any de facto division of the Conservation Easement Area is prohibited. Lot line adjustments or lot
consolidation without the prior written consent of the Grantee is prohibited. The Grantor may convey
undivided interests in the Conservation Easement Area. The Grantor shall notify the Grantee
immediately of the name, address, and telephone number of any grantee of an undivided interest in any
property within the Conservation Easement Area.
M: Vehicles. The operation of mechanized vehicles, including, but not limited to,
motorcycles, dirt bikes, all -terrain vehicles, cars and trucks is prohibited, otherthan for temporary access
for purposes of maintaining the Conservation Easement Area during the five-year monitoring period as
described in the MBI and/or the BPDP.
N. Other Prohibitions. Any other use of, or activity on, the Conservation Easement Area
which is or may become inconsistent with the purposes of this grant, the preservation of the
Conservation Easement Area substantially in its natural condition, or the protection of its environmental
systems, is prohibited.
ARTICLE III
GRANTOR'S RESEVERED RIGHTS
The Grantor expressly reserves for himself, his personal representatives, heirs, successors or assigns, the
right to continue the use of the Conservation Easement Area for all purposes not inconsistent with this
Conservation Easement, including, but not limited to, the right to quiet enjoyment of the Conservation
Easement Area, the rights of ingress and egress, the right to hunt, fish, and hike on the Conservation
Easement Area, the right to sell, transfer, gift or otherwise convey the Conservation Easement Area, in
4
5.23.22 mtc
Page 5 of 14
whole or in part as provided in Article 11, Paragraph L, provided such sale, transfer or gift conveyance is
subject to the terms of, and shall specifically reference, this Conservation Easement.
Notwithstanding the foregoing Restrictions, Grantor reserves for Grantor, successors and assigns, and
the Bank Sponsor, the right to construct a nutrient offset and riparian buffer mitigation bank within the
Conservation Easement Area, in accordance with the MBl and BPDP.
ARTICLE IV.
GRANTEE'S RIGHTS
The Grantee or its authorized representatives, successors and assigns, the Bank Sponsor and NCDWR,
shall have the right to enter the Property and Conservation Easement Area at all reasonable times for
the purpose of inspecting said property to determine if the Grantor, or his personal representatives,
heirs, successors, or assigns, is complying with the terms, conditions, restrictions, and purposes of this
Conservation Easement. The Grantee shall also have the right to enter and go upon the Property and
the Conservation Easement Area for purposes of making scientific or educational observations and
studies, and taking samples. The easement rights granted herein do not include public access rights.
ARTICLE V
ENFORCEMENT AND REMEDIES
A. To accomplish the purposes of this Conservation Easement, Grantee is allowed to prevent
any activity on or use of the Conservation Easement Area that is inconsistent with the purposes of this
Conservation Easement and to require the restoration of such areas or features of the Conservation
Easement Area that may be damaged by such activity or use. Upon any breach of the terms of this
Conservation Easement by Grantor that comes to the attention of the Grantee, the Grantee shall notify
the Grantor in writing of such breach. The Grantor shall have 30 days after receipt of such notice to
correct the conditions constituting such breach. If the breach remains uncured after 30 days, the
Grantee may enforce this Conservation Easement by appropriate legal proceedings including damages,
injunctive and other relief. Notwithstanding the foregoing, the Grantee reserves the immediate right,
without notice, to obtain a temporary restraining order, injunctive or other appropriate relief if the
breach of the term of this Conservation Easement is or would irreversibly or otherwise materially impair
the benefits to be derived from this Conservation Easement. The Grantor and Grantee acknowledge
that under such circumstances damage to the Grantee would be irreparable and remedies at law will be
inadequate. The rights and remedies of the Grantee provided hereunder shall be in addition to, and
not in lieu of, all other rights and remedies available to Grantee in connection with this Conservation
Easement. The costs of a breach, correction or restoration, including the Grantee's expenses, court
costs, and attorneys' fees, shall be paid by Grantor, provided Grantor is determined to be responsible
for the breach. The Bank Sponsor and NCDWR shall have the same right to enforce the terms and
conditions of this Conservation Easement as the Grantee.
B. No failure on the part of the Grantee to enforce any covenant or provision hereof shall
discharge or invalidate such covenant or any other covenant, condition, or provision hereof or affect the
right to Grantee to enforce the same in the event of a subsequent breach or default.
5
5.23.22 mtc
Page 6 of 14
C. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to
bring any action against Grantor for any injury or change in the Conservation Easement Area resulting
from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, war, acts of
God or third parties, except Grantor's lessees or invitees; or from any prudent action taken in good faith
by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to life, damage
to Conservation Easement Area or harm to the Conservation Easement Area resulting from such causes.
ARTICLE VI
MISCELLANEOUS
A. Warranty. Grantor warrants, covenants and represents that it owns the Property in fee
simple, and that Grantor either owns all interests in the Property which may be impaired by the granting
of this Conservation Easement or that there are no outstanding mortgages, tax liens, encumbrances, or
other interests in the Property which have not been expressly subordinated to this Conservation
Easement. Grantor further warrants that Grantee shall have the use of and enjoy all the benefits
derived from and arising out of this Conservation Easement, and that Grantor will warrant and defend
title to the Property against the claims of all persons.
B. Subsequent Transfers. The Grantor agrees to incorporate the terms of this Conservation
Easement in any deed or other legal instrument that transfers any interest in all or a portion of the
Conservation Easement Area. The Grantor agrees to provide written notice to the Grantee of such
transfer at least thirty (30) days prior to the date of the transfer. The Grantor and Grantee agree that
the terms of this Conservation Easement shall survive any merger of the fee and easement interests in
the Conservation Easement Area or any portion thereof and shall not be amended, modified or
terminated without the prior written consent and approval of NCDWR.
C. Assignment. The parties recognize and agree that the benefits of this Conservation
Easement are in gross and assignable provided, however that the Grantee hereby covenants and agrees,
that in the event it transfers or assigns this Conservatiion Easement, the organization receiving the
interest will be a qualified holder under N.C. Gen. Stat. § 121-34 et seq. and § 170(h) of the Internal
Revenue Code, and the Grantee further covenants and agrees that the terms of the transfer or
assignment will be such that the transferee or assignee will be required to continue in perpetuity the
conservation purposes described in this Conservation Easement.
D. Entire Agreement and Severability. The MBI, BPDP and this instrument set forth the entire
agreement of the parties with respect to the Conservation Easement and supersedes all prior
discussions, negotiations, understandings or agreements relating to the Conservation Easement. If any
provision is found to be void or unenforceable by a court of competent jurisdiction, the remainder shall
continue in full force and effect.
E. Obligations of Ownership. Grantor is responsible for any real estate taxes, assessments,
fees, or charges levied upon the Property. Grantor shall keep the Property free of any liens or other
encumbrances for obligations incurred by Grantor. Grantee shall not be responsible for any costs or
liability of any kind related to the ownership, operation, insurance, upkeep, or maintenance of the
Property, except as expressly provided herein. Nothing herein shall relieve the Grantor of the obligation
n
5.23.22 mtc
Page 7 of 14
/ J
to comply with federal, state or local laws, regulations and permits that may apply to the exercise of the
Reserved Rights.
F. Extinguishment. In the event that changed conditions render impossible the continued use
of the Conservation Easement Area forthe conservation purposes, this Conservation Easement may only
be extinguished, in whole or, -in part, by judicial proceeding.
G. Eminent Domain. Whenever all or part of the Conservation Easement Area is taken in the
exercise of eminent domain so as to substantially abrogate the Restrictions imposed by this Conservation
Easement, Grantor and Grantee shall join in appropriate actions at the time of such taking to recover
the full value of the taking, and all incidental and direct damages due to the taking.
H. Proceeds. This Conservation Easement constitutes a real property interest immediately
vested in Grantee. In the event that all or a portion of this Conservation Easement Area is sold,
exchanged, or involuntarily converted following an extinguishment or the exercise of eminent domain,
Grantee shall be entitled to the fair market value of this Conservation Easement. The parties stipulate
that the fair market value of this Conservation Easement shall be determined by multiplying the fair
market value of the Conservation Easement Area unencumbered by this Conservation Easement (minus
any increase in value after the date of this grant attributable to improvements) by the ratio of the value
of this easement at the time of this grant to the value of the Conservation Easement Area (without
deduction for the value of this Conservation Easement) at the time of this grant. The values at the time
of this grant shall be the values used, orwhich would have been used, to calculate a deduction for federal
income tax purposes, pursuant to Section 170(h) of the Internal Revenue Code (whether eligible or
ineligible for such a deduction). -brantee shall use its share of the proceeds in a manner consistent with
the purposes of this Conservation Easement, which, as stated above, include the maintenance and
preservation of riparian natural resources in North Carolina or other geographies within North America.
I. Notification. Any notice, request for approval, or other communication required under this
Conservation Easement shall be sent by registered or certified mail, postage prepaid, to the following
addresses (or such address as may be hereafter specified by notice pursuant to this paragraph):
To Grantor:
Ronald W. Waters
155 Perkins Mill Road
Goldsboro, NC 27530
To Grantee:
Unique Places to Save
P 0 Box 1183
Chapel Hill, NC 27514
7
5.23.22 mtc
Page 8 of 14
To NCDWR:
NCDENR — Division of Water Resources
401 & Buffer Permitting Unit
Attn: Nutrient Offset Banking Coordinator
:1650 Mail Service Center
Raleigh, NC 27699-1650
J. Failure of Grantee. If at any time Grantee is unable or fails to enforce this Conservation
Easement, or if Grantee ceases to be a qualified grantee, and if within a reasonable period of time after
the occurrence of one of these events Grantee fails to make an assignment pursuant to this Conservation
Easement, then the Grantee's interest shall become vested in another qualified grantee upon approval
by the NCDWR and in accordance with an appropriate proceeding in a court of competent jurisdiction.
K. Amendment. This Conservation Easement may be amended, but only in writing signed by
all parties hereto, and provided such amendment does not affect the qualification of this Conservation
Easement or the status of the Grantee under any applicable laws, and is consistent with the conservation
purposes of this grant.
L. Present Condition of the Conservation Easement Area.
a. BPDP. The wetlands, scenic, resource, environmental, and other natural characteristics of the
Conservation Easement Area, and its current use and state of improvement, are described in Section 2
of the BPDP, dated November 2021, prepared by Wildlands Engineering, Inc -and acknowledged by the
Grantor and Grantee to be complete and accurate as of the date hereof. Both Grantor and Grantee
have copies of the BPDP. It will be used by the parties to assure that any future changes in the use of
the Conservation Easement Area will be consistent with the terms of this Conservation Easement.
However, this report is not intended to preclude the use of other evidence to establish the present
condition of the Conservation Easement Area if there is a controversy over its use.
b. Baseline Documentation Report. The characteristics of the Conservation Easement Area and
the status of improvements and development shall be described in a Baseline Documentation Report
(the "Baseline") prepared by the Grantee with the cooperation of the Grantor. The Baseline shall be
acknowledged by the Grantee and the Grantor to be complete and accurate upon completion of the
mitigation activities conducted in the Conservation Easement Area (close out date of the mitigation
project). Both the Grantee and the Grantor will have copies of the Baseline, and a copy will be retained
in the Grantee's files. The Baseline will be used by the Grantee to assure that any future changes in
the use or condition of the Conservation Easement Area will be consistent with the terms of this
Conservation Easement.
TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for the aforesaid
purposes.
[signatures to follow]
5.23.22 mtc,
Page 9 of 14
iN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above
written.
rNTOR
LAJ (SEAL)
Ronald E. Waters
Date:
NORTH CAROLINA COUNTY OF WO 'VU
I, ersi{SC��O�Q J\. AkOorC C6 , a Notary Public in and for the County and State aforesaid, do
hereby certify that Ronald E. Waters, Grantor, personally appeared before me this day and
acknowledged the execution of the foregoing instrument.
IN ITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the Q day of
, 2022.
{{{111171711111f/ �! i'���Y'll'����V7� f/!• _. --
,•.�•`'� P. ASV'%,� Notary Public
1=0�AR)-``�0" My commission expires:
- 1 '
Ie1i1111111{I0
N
I
5.23.22 mtc
Page 10 of 14
r
IN TESTIMONY WHEREOF, the Grantee has hereunto set his hand and seal, the day and year first above
written.
GRANTEE:
UNIQUE PLACES TO SAVE, a North Carolina
non-profit corporation
r.
By: (SEAL)
NAME zye
Date: % f
NORTH CAROLINA COUNTY OF (W &V1 %t
I, . &) R'kli Z 00,ViS . a Notary Public in and for the County. and State aforesaid, do
hereby certify that J$ cif- r'i SHlr personally appeared before me this day and
acknowledged that he is _600r& OifQ,tjr of•, VA lt+ AUtj IrnSA,Vi?a non-profitcorporation, and
that he, as _ BOp,('f11 0iV_t(A1Y_ , being authorized to do so, executed the.foregoing on behalf
of the corporation.
IN WITNESS WHEREOF, i have hereunto set my hand and Notary Seal this the �_ day of
I � j U� 2022.
CmLw-rqpm's�
Nota y Pubic is Notary Public
Durham -County
M Commission Ca Ires 10 19 2026 My commission expires:
tiuz
10
Page 11 of 14
EXHIBIT A
Parcels ti
Project Parcels
2670534130
This map is not a certified survey
and has not been reviewed by a
local governmentagency for
compliance with any applicable
land development regulation and
has not been reviewed for
compliance with recording
requirements for plats.
Exhibit A - Property
W I L D L A N D S Rosewood Mitigation Bank Parcel
ENGINEERING 0 250 500 Feet Black Dirt and Rosewood Mitigation Bank
ICJ Neuse River Basin (03020201)
Wayne County, NC
11
5.23.22 mtc
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EXHIBIT B
Description of Conservation Easement Areas for Wildlands Engineering, Inc., Rosewood
Riparian Buffer and Nutrient Offset Mitigation Bank located in Pork Township, Wayne
County, North. Carolina. All references to the Wayne County 'Register of Deeds unless
otherwise noted.
C E "A"
Beginning at a rebar with cap set on the northern right-of-way of Braswell Rd. (NCSR #1239),
said rebar being located S 08"13'09" W 390.56' from Site Control Point CP#2 (rebar with
plastic cap) having NC Grid Coordinates [NAD83(2011)] N=603,362.04 USft, E=2,275,384.42
USft, said rebar being N 78°36'18" E a distance of 389.26' from an existing PK Nail in the
centerline of the road, said PK Nail being the southeast corner of Nelson Radford and Sheila
D. Radford (now or formerly, see Deed Book 2483, Pg. 511);
thence, from the point of Beginning, with a new line, N 34°22'52" W a distance of 106.53' to a
rebar with cap set;
thence N 14°39'02" W a distance of 253.29' to a rebar with cap set;
thence N 10'67'38" W a distance of 293.11' to a rebar with cap set;
thence N 88°53'51" W a distance of 148.67' to a rebar with cap set;
thence N 88055'42" W a distance of 217.32' to a rebar with cap set on the line of Joyner Family
Enterprises, LLC (now or formerly, see Deed Book 1998, Pg. 285);
thence, with the Joyner line, N 13°07'29" W a distance of 196.38' to an existing %" rebar;
thence N 13°07'29" W a distance of 14.88' to a rebar with cap set in the centerline of a ditch;
thence, with the ditch, S 89°10'07" E a distance of 437.23' to a rebar with cap set;
thence S 89017'32" E a distance of 138.41' to a rebar with cap set at the intersection with
another ditch;
thence, with said ditch, N 11'55'51" W a distance of 71.04' to a rebar with cap set;
thence N 11 °31'26" W a distance of 70.51' to a rebar with cap set;
thence N 17°08'25" W a distance of 82.26' to a rebar with cap set;
thence, leaving said ditch, with a new line, S 66°21'15" E a distance of 261.50' to a rebarwith
cap set;
thence S 12°17'32" E a distance: of 223.51' to a rebar with cap set;
thence S 84045'49" E a distance of 711.21' to a rebar with cap set;
thence S 84°22'39" E a distance of 442.45' to a rebar with cap set in the line of N Projects LLC
(now or formerly, see Deed Book 3178, Pg. 554);
thence, with N Projects LLC line, S 04°54'56" W a distance of 207.64' to a rebar with cap set in
a ditch at the intersection with another ditch, said rebar being N 84°24'13" W a.distance of
10.93' from an existing 1" iron rod;
thence, with the ditch, N 84*24'13" W a distance of 1,312.12' to a rebar with cap set at the
intersection with another ditch, said rebar being the northwest corner of Stephen M. Jack and
Christine K. Jack (now or formerly, see Deed Book 2508, Pg. 644 and Plat Cabinet K, Pg. 75-
A, Lot 1);
thence, with the Jack line, with the ditch, S 13°42'01" E a distance of 372.00' to a rebar with
cap set;
thence S 32°57'14" E a distance of 196.99' to a rebar with cap set on the northern right-of-way
of Braswell Rd. (NCSR #1239);
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thence, with the`right-of way, S 89°32'00" W a distance of 104.59' to a rebar with cap set;
thence S 88°01'36" W a distance of 131.53' to the point of Beginning;
containing 13.360 acres, more or less, and shown as CE "A" on a plat prepared by Turner
Land Surveying, PLLC (P-0702) of Swannanoa, NC, entitled "Conservation Easement for
Wildlands Engineering, Inc., Rosewood Riparian Buffer nd Nutrient Offset Mitigation
Bank" dated April 20, 2022 and recorded in Plat Bak ,.page of the
Wayne County Register of Deeds. CVt6.,;#,+ SI;JA—
CE ','B"
Beginning at a rebar with cap set on the common line of Spring Hill Family Farms, LLC
(now or formerly, see Deed Book 3071, Pg. 697) and Ronald E. Waters and Paula Waters
(now or formerly, see Deed Book 2890, Pg. 739), said rebar being located N 05°06'51" E
1,542.93' from Site Control Point,CP##2 (rebar with plastic cap),having NC Grid Coordinates
INAD83(2011)] N=603,362.04 USft, E=2,275,384.42 USft, said rebar being N 31°28'35" W a
distance of 165.21' from an existing 112" iron rod;
thence, from the point of Beginning, with a new line, S 59009'42" W a distance of 172.77'
to a rebar with cap set;
thence S 27"10'41" E a distance of 358.78' to a rebar with cap set;
thence N 64"42'47" E a distance of 177.11' to a rebar with cap set;
thence N 65'06'13" E a distance of 208.62' to a rebar with cap set;
thence S 27°31'59" E a distance of 469.41' to a rebar with cap set;
thence N 06"18'00" W a distance of 559.63' to a rebar with cap set on the Spring Hill
Family Farms line;
thence, with the Spring Hill Family Farms line, N 85°10'35" E a distance of 150.57' to an
existing %" iron pipe, said pipe being the southeast corner of Thomas C. Breedlove and
Deborah B. Breedlove (now or formerly, see Deed Book 2436, Pg. 46);
thence, with the Breedlove line, N 85"00'20" E a distance of 59.70' to an existing.'/z" rebar,
said rebar being the northwest corner of Gerald B. Mitchell and Jimmie H. Mitchell (now or
formerly, see Deed Book 962, Pg. 359);
thence, with the Mitchell line, S 05046'43" E a distance of 317.17' to an existing'/" rebar;
thence, with a new line, S 06°48'21" E a distance of 242.19' to a rebar with cap set;
thence S 06°40'57" E a distance of 427.89' to a rebar with cap set;
thence N 79°31'15" W a distance of 532.12' to a rebar with cap set;
thence N 66021'39" W a distance of 352.11' to a rebar with cap set in a ditch on the line of
Archie Lehman Smith III -(now or formerly, see Deed Book 1432, Pg. 92);
thence, with the Smith line, with the ditch, N 17°07'27" W a distance of 17.35' to a rebar
with cap set;
thence N 27°45'27" W a distance of 340.31' to a rebar with cap set;
thence N 26°02'25" W a distance of 300.56' to a rebar with cap set;
thence N 28°37'41 " W a distance of 157.74' to a rebar with cap set;
thence N 24044'37" W a distance of 113.05' to a rebar with cap set;
thence N 22021'34" W a distance of 111.50' to a rebar with cap set;
thence N 12-12-23" W a distance of 114.03' to a rebar with cap set;
thence N 10"44'19" W a distance of 141.44' to an existing'/z" iron pipe;
thence N 52°43'05" W a distance of 30.11' to a rebar with cap set;
13
5.23.22 mtc
Page 14 of 14
thence, with a new line, with a ditch, N 31 °37'03" W a distance of 32.61' to a rebar with
cap set;
thence N 33056'37" W a distance of 96.62' to a rebar with cap set;
thence N 34°03'00" W a distance of 114.95' to a rebar with cap set;
thence N 34003'21" W a distance of 113.16' to a rebar with cap set;
thence N 31 "43'25" W a distance of 112.26' to a rebar with cap set,
thence N 31 °52'22" W a distance of 111.90' to a rebar with cap set;
thence N 21 °56'00" W a distance of 16.17' to a rebar with cap set;
thence, leaving the ditch, N 61 021'40"- E a distance of 201.30' to a rebar with cap set;
thence S 3301 T19" E a distance of 402.65' to a rebar with cap set;
thence S 3301719" E a distance of 164.34' to a rebar with cap set;
thence N 46°32'22" E a distance of 62.72' to a rebar with cap set, in the ditch, on the
Spring Hill Family Farms line;
thence S 31 °28'35" E a distance of 632.38' to the point of Beginning, passing an existing
'/2" rebar at 9.77';
containing 22.327 acres, more or less, and shown as CE "B" on a plat prepared by Turner
Land Surveying, PLLC (P-0702) of Swannanoa, NC, entitled "Conservation Easement for
Wildlands Engineering, Inc., Rosewood Riparian Buffer d Nutrient Offset Mitigation
Bank" dated April 20, 2022 and recorded in Plat Beak_, P q-A 1'? of the
Wayne County Register of Deeds. 094i z4- Sl, e-
14
5.23.22 mtc
Page 1 of 12
9
' I Illill Ills I I[� Illll II[il I lil IIIEI IIIII lllll �IIII II I I[IIl 11 II I[III I[II I[ll
Doc ID: 013381790012 Type: CRP
Recorded: 07/19/2022 at 01:19:44 PM
Fee Amt: $438.00 Pape 1 of 12
Revenue Tax: $412.00
V4fAYNE GOUNTY, HC
�LL,CON5TANCE B. CO(R�AM REGISTE`RR'O]F DEEDS
gK3752 PG666-6 1 f
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Wildlands Engineering, Inc.
1430 South Mint Street, Suite 104
Charlotte, North Carolina 28203
Attn: Matt Covington
SPACE ABOVE THIS LINE FOR RECORDER'S
USE
PERMANENT CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT .("Conservation Easement") made this 19th day of July, 2022 by and
between Spring Hill Family Farms, LLC, a North Carolina limited liability company ("Grantor") and
Unique Places to Save, a North Carolina non-profit corporation ("Grantee").
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors
.and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context.
RECITALS
WHEREAS, Grantor owns in fee simple certain real property situated, lying and being in Wayne County,
North Carolina, more particularly shown on Exhibit A attached hereto and incorporated herein
("Property") and being a portion of the property conveyed to the grantor by deed recorded in Deed Book
3071 at Page 697 of the Wayne County Registry, North Carolina Registry, identified as Tax Parcel
Identification Numbers 2670-55-3301, 2670-55-3851, 2670-55-4703, 2670-55-4654, 2670-55-5505,
2670-55-5457, 2670-55-6317, and 2670-55-7320;
WHEREAS, Grantee is a' 501(c)(3) North Carolina nonprofit corporation whose. purpose includes the
perpetual conservation of the Conservation Easement Area (as defined) and which is qualified to be the
Grantee of a conservation easement pursuant to N.C. Gen. Stat.§ 121-35; ,
WHEREAS, Grantor and'Grantee recognize the conservation, scenic,'natural, or aesthetic value of the
Property in its natural state, which includes the following natural communities: unnamed tributarieiand
open-field ditches which flow into Charles Branch and eventually to the Neuse River. The purpose of this
5.23.22 mtc
Page 2 of 12
Conservation Easement is to maintain riparian resources -and other natural values of approximately
11.438 acres, more or less, and being more particularly described in Exhibit B attached hereto and
incorporated fully herein by reference (the "Conservation Easement Area"), and prevent the use or
development of the Conservation Easement Area for any purpose or in any manner that would conflict
with the maintenance of its natural condition.
WHEREAS, the preservation of the Conservation Easement Area is required by the Wildlands Holdings
III, LLC .Rosewood/Black Dirt'Nutrient Offset and Buffer Umbrella ,Mitigation Banking Instrument
("MBI") (DWR #2020-1940v2). The Conservation Easement Area will be restored to a natural vegetated
condition as provided in and specified in Rosewood Mitigation Bank Parcel Bank Parcel Development
Package ("BPDP"). The Rosewood Mitigation Bank is intended to be used to compensate for
unavoidable buffer impacts authorized by permits issued by the North Carolina Division of Water
Resources ("NCDWR") and to provide mitigation for nutrient offsets due to development (both existing
and proposed) within restricted areas of the Neuse River Basin.
WHEREAS, Grantor and Grantee agree that third -party rights of enforcement shall be held by
Wildlands Holdings III, LLC (the "Bank Sponsor".) and NCDWR, including any successor entities
or agencies, and may be exercised through the appropriate enforcement agencies of the United
States and the State of North Carolina, and that these rights are in addition to, and do not limit
the enforcement rights under the MBI, BPDP, or any permit or certification issued by Third -Parties.
The Bank Sponsor's right of enforcement shall terminate upon close-out and final release of all
mitigation credits from the Rosewood Mitigation Bank.
NOW, THEREFORE, for and in consideration of the covenants and representations contained herein and
for other good and valuable consideration, the receipt and legal sufficiency of which is hereby
acknowledged, Grantor hereby unconditionally and irrevocably grants and conveys unto Grantee, its
heirs, successors and assigns, forever and in perpetuity this Conservation Easement of the nature and
character and to the extent hereinafter set forth, over the Conservation Easement Area described in
Exhibit B, together with the right to preserve and protect the conservation values thereof, as follows:
ARTICLE I.
DURATION OF EASEMENT
This Conservation Easement shall be perpetual. This Conservation Easement is an easement in gross,
runs with the land and is enforceable by Grantee against Grantor, Grantor's personal representatives,
heirs, successors and assigns, lessees, agents and licensees.
ARTICLE II.
PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the Conservation Easement Area inconsistent with the ,purpose of this
Conservation Easement is prohibited. The Conservation Easement Area shall be preserved in its
natural condition and restricted from any development or other activities that would impair or interfere
with the conservation values of the Conservation Easement Area.
Without limiting the generality of the foregoing, the following activities and uses are expressly
2
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prohibited, restricted or reserved as indicated hereunder:
A. Disturbance of Natural Features. Any change, disturbance, alteration or impairment of
the natural features of the Conservation Easement Area or any introduction of non-native plants and/or
animal species is prohibited.
B. Construction. There shall be no constructing or placing of any building, mobile home,
asphalt or concrete pavement, billboard or other advertising display, antenna, utility pole, tower,
conduit, line, pier, landing, dock or any other temporary or permanent structure or facility on or above
the,Conservation Easement Area.
C. Industrial, Commercial and Residential Use. Industrial, residential and/or commercial
activities, including any right of passage for such purposes are prohibited in the Conservation Easement
Area.
D. Agricultural, Grazing and Horticultural Use. Agricultural, grazing, animal husbandry, and
horticultural use of the Conservation Easement Area are prohibited.
E. Vegetation. There shall be no removal, burning, destruction, harming, cutting or mowing
of trees, shrubs, or other vegetation on the Conservation Easernent.Area except as provided in the MBi
and BPDP. Mowing of invasive and herbaceous vegetation for purposes of enhancing planted or
volunteer trees and shrubs approved in the MBI and BPDP is allowable once a year for no more than five
consecutive years from the date on'page 1 of this Conservation Easement, except where mowing will
negatively impact vegetation or disturb soils. Mowing activities shall only be performed by the Bank
Sponsor and shall not violate any part of Item M of Article 11.
F. Roads and Trails. There shall be no construction of roads, trails or walkways on the
Conservation Easement Area; nor enlargement or modification to existing roads, trails or walkways.
L
G. Si na e. No signs shall be permitted on or over the Conservation Easement Area, except
the posting of no trespassing signs, signs identifying the conservation values of the Conservation
Easement Area, signs giving directions or proscribing rules and regulations for the use of. the
Conservation Easement Area and/or signs identifying the Grantor as owner of the Conservation
Easement Area,
H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned
vehicles, appliances, machinery or hazardous substances, or toxic or�hazardous-waste, or any placement
'of undergrodnd'or aboveground storage tanks or other materials on the Conservation Easement Area is
prohibited.
1. Excavation, Dredging or Mineral Use. There shall be no grading, filling, excavation,
dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other materials,
and' no change in the topography of the land in any manner on the Conservation Easement Area.
J. Water Quality and Drainage Pattern. There shall be no diking, draining, dredging,
channeling, filling, leveling, pumping, impounding or related activities, or altering or tampering with
j
3
5.23.22 mtc
Page 4 of 12
water control structures or devices, or disruption or alteration of the restored, enhanced, or created
drainage patterns. In addition, diverting or causing or permitting the diversion of surface or
underground water into, within or out of the Conservation Easement Area by any means, removal of
wetlands, polluting or discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides
is prohibited.
K. Development Rights. No development rights that have been encumbered or extinguished
by this Conservation Easement shall be transferred pursuant to a transferable development rights
scheme or cluster development arrangement or otherwise.
L. Subdivision. The Grantor and Grantee agree that the Conservation Easement Area currently
consists of one contiguous land area totaling approximately 11.438 acres within the Property. The
Grantor may not further subdivide the Conservation Easement Area, except with the prior written
consent of the Grantee. If Grantee grants permission for Grantor to further subdivide any portion of the
Conservation Easement Area, with appropriate permission from Grantee, Grantor must provide the
Grantee the name, address, and telephone number of new owner(s) of all .property within the
Conservation Easement Area, if different from Grantor. No subdivision of the Conservation Easement
Area shall limit the right of ingress and egress over and across the Property for the purposes set forth
herein. Further, in the event of any subdivision of the Property (whether inside or outside of the
Conservation Easement Area) provision shall be made to preserve not only Grantee's perpetual rights of
access to the Conservation Easement Area, as defined herein, but also Grantee's right of perpetual
access to any conservation easements on properties adjacent to the Property which forma part of or
are included in the MBI and/or the BPDP or as otherwise acknowledged. Creation of a condominium or
any de facto division of the Conservation Easement Area is prohibited. Lot line adjustments or lot
consolidation without the prior written consent of the Grantee is prohibited. The Grantor may convey
undivided interests in the Conservation Easement Area. The Grantor shall notify the Grantee
immediately of the name, address, and telephone number of any grantee of an undivided interest in any
property within the Conservation Easement Area.
M. Vehicles. The operation of mechanized vehicles, including, but not limited to,
motorcycles, dirt bikes, all -terrain vehicles, cars and trucks is prohibited, otherthan for temporary access
for purposes of maintaining the: Conservation Easement Area during the five-year monitoring period as
described in the MBI and/or the BPDP.
N. Other Prohibitions. Any other use of, or activity on, the Conservation Easement Area
which is or may become inconsistent with the purposes of this grant, the preservation of the
Conservation Easement Area substantially in its natural condition, or the protection of its environmental
systems, is prohibited.
ARTICLE III
GRANTOR'S RESEVERED RIGHTS
The Grantor expressly reserves for himself, his personal representatives, heirs, successors or assigns, the
right to continue the use of the Conservation Easement Area -for all purposes not inconsistent with this
Conservation Easement, including, but not limited to, the right to quiet enjoyment of the Conservation
Easement Area, the rights of ingress and egress, the right to hunt, fish, and hike on the Conservation
4
5.23.22 mtc
Page 5of12
Easement Area, the right to sell, transfer, gift or otherwise convey the Conservation Easement Area, in
whole or in part as provided in Article 11, Paragraph I, provided such sale, transfer or gift conveyance is
subject to :the terms of,.and shall specifically reference, this Conservation Easement.
Notwithstanding the foregoing Restrictions, Grantor reserves for Grantor, successors and assigns, and
the Bank Sponsor, the right to construct a nutrient offset and riparian buffer mitigation bank within the
Conservation Easement Area, in accordance with the MBI and BPDP.
ARTICLE IV.
GRANTEE'S RIGHTS
The Grantee or its authorized representatives, successors and assigns, the Bank Sponsor and NCDWR,
shall have the right to enter the Property and Conservation Easement Area at all reasonable times for
the purpose of inspecting said property to determine if the Grantor, or his personal representatives,
heirs, successors, or assigns,, is complying with the terms, conditions, restrictions, and purposes of this
Conservation Easement. The Grantee shall -also have the right to enter and go upon the Property and
the Conservation Easement Area for purposes of making scientific or educational observations and
studies, and taking samples. The easement rights granted herein do not include public access rights.
ARTICLE V
ENFORCEMENT AND REMEDIES
A. To accomplish the purposes of this Conservation Easement, Grantee is allowed to prevent
any activity on or use of the Conservation Easement Area that is inconsistent with the purposes of this
Conservation Easement and to require the restoration of such areas or features of the Conservation
Easement Area that may be damaged by such activity or use. Upon any breach of the terms of this
Conservation Easement by Grantor that comes to the attention of the Grantee, the Grantee shall notify
the Grantor in writing of such breach. The Grantor shall have 30 days after receipt of such notice to
correct the conditions constituting such breach. if the breach remains uncured after 30 days, the
Grantee may enforce this Conservation Easement by appropriate legal proceedings including damages,
injunctive and other relief. Notwithstanding the foregoing, the Grantee reserves the immediate right,
without notice, to obtain a temporary restraining order, injunctive or other appropriate relief if the
breach of the term of this Conservation Easement is or would irreversibly or otherwise materially impair
the benefits to be derived from this Conservation Easement. The Grantor and Grantee acknowledge
that under such circumstances damage to the Grantee would be irreparable and remedies at law will be
inadequate. The rights and remedies of the Grantee provided hereunder shall be in addition to, and
not in lieu of, all other rights and remedies available to Grantee in connection with this Conservation
Easement. The costs of a breach, correction or restoration, including the Grantee's expenses, court
costs, and attorneys' fees, shall be paid by Grantor, provided Grantor is determined to be responsible
for the breach. The Bank Sponsor and NCDWR shall have the same right to enforce the terms and,
conditions of this Conservation Easement as the Grantee.
B. No failure on the part of the Grantee to enforce any covenant or provision hereof shall
discharge or invalidate such covenant or any other covenant, condition, or provision hereof or affect the
right to Grantee to enforce the same in the event of a subsequent breach or default.
5.23.22 mtc
Page 6of12
C. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to
bring any action against Grantor for any injury or change in the Conservation Easement Area resulting
from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, war, acts of
God or third parties, except Grantor's lessees or invitees; or from any prudent action taken in good faith
by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to life, damage
to Conservation Easement Area or harm to the Conservation Easement Area resulting from such causes.
ARTICLE VI
MISCELLANEOUS
A. Warranty. Grantor warrants, covenants and represents that it owns the Property in fee
simple, and that Grantor either owns all interests in the Property which may be impaired by the granting
of this Conservation Easement or that there are no outstanding mortgages, tax liens, encumbrances, or
other interests in the Property which have not been expressly subordinated to this Conservation
Easement. Grantor further warrants that Grantee shall have the use of and enjoy all the benefits.
derived from and arising out of this Conservation Easement, and that Grantor will warrant and defend
title to the Property against the claims of all persons.
B. Subsequent Transfers. The Grantor agrees to incorporate the terms of this Conservation
Easement in any deed or other legal instrument that transfers any interest in all or a portion of the
Conservation Easement Area. The Grantor agrees to provide,written notice to the Grantee of such
transfer at least thirty (30) days prior to the date of the transfer. The Grantor and Grantee agree that
the terms of this Conservation Easement shall survive any merger of the fee and easement interests in
the Conservation Easement Area or any portion thereof and shall not be amended, modified or
terminated without the prior written consent and approval of NCDWR.
C. Assignment. The parties recognize and agree that the benefits of this Conservation
Easement are in gross and assignable provided, however that the Grantee hereby covenants and agrees,
that in the event it transfers or assigns this Conservation Easement, the organization receiving the
interest will be a qualified holder under N.C. Gen. Stat. § 121-34 et seq. and § 170(h) of the Internal
Revenue Code, and the Grantee further covenants and agrees that the terms of the transfer or
assignment will be such that the transferee or assignee will be required to continue in perpetuity the
conservation purposes described in this Conservation Easement.
D. Entire Agreement and Severability. The MBI, BPDP and this instrument set forth the entire
agreement of the parties with respect to the Conservation Easement and supersedes all prior
discussions, negotiations, understandings or agreements relating to the Conservation Easement. If any
provision is found to be void or unenforceable by a court of competent jurisdiction, the remainder shall
continue in full force and effect.
E. Obligations -of Ownership. Grantor is responsible for any real estate taxes, assessments,
fees, or charges levied upon the Property. Grantor shall keep the Property free of any liens or other
encumbrances for obligations incurred by Grantor. Grantee shall not be responsible for any costs or
liability of any kind related to the ownership, operation, insurance, upkeep, or maintenance of the
Property, except as expressly provided herein. Nothing herein shall relieve the Grantor of the obligation
Al
5.23.22 mtc
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to comply with federal, state or local laws, regulations and permits that may apply to the exercise of the
Reserved Rights.
F. Extinguishment. In the event that changed conditions, render impossfble the continued use
of the Conservation Easement Area for the conservation purposes, this Conservation Easement may only
be extinguished, in whole or in part, by judicial proceeding.
G. Eminent Domain. Whenever all or part of the Conservation Easement Area is taken in the
exercise of eminent domain so asto substantially abrogate the Restrictions imposed by this Conservation
Easement, Grantor and Grantee shall join in appropriate actions at the time of such taking to recover
the full value of the taking, and all incidental and direct damages due to the taking.
H. Proceeds. this Conservation Easement constitutes a real property interest immediately
vested in Grantee. In the event that all or a portion of this Conservation Easement Area is sold,
exchanged, or involuntarily converted following an extinguishment or the exercise of eminent domain,
Grantee shall be entitled to the fair market value of this Conservation Easement. The parties stipulate
that the fair market value of this Conservation Easement shall be determined by multiplying the fair
market value of the Conservation Easement Area unencumbered by this Conservation Easement (minus
any increase in value after the date of this grant attributable to improvements) by the ratio of the value
of this easement at the time of this grant to the value of the Conservation Easement Area (without
deduction for the value of this Conservation Easement) at the time of this grant. The values at the time
of this grant shall be the values used, or which would have been used, to calculate a deduction for federal
income tax purposes, pursuant to Section 170(h) of the Internal Revenue Code (whether eligible or
ineligible for such a deduction). Grantee shall use its share of the proceeds in a manner.consistent with
the purposes of this Conservation Easement, which, as stated above, include the maintenance and
preservation of riparian natural resources -in North Carolina or other geographies within North America.
1. Notification. Any notice, request for approval, or other communication required under this
Conservation Easement shall be sent by registered or certified mail, postage prepaid, to the following
addresses (or such address as may be hereafter specified by notice pursuant to this paragraph):
To Grantor:
Borden Franklin Howell, Jr.
Spring Hill Family Farms, LLC
164 Frankies Lane
Goldsboro, NC 27530
To Grantee:
Unique Places to Save
'PO Box1183
Chapel Hill, NC 27514
7
5.23.22 mtc
Page 8of12
To NCDWR:
NCDENR — Division of Water Resources
401 & Buffer Permitting Unit
Attn: Nutrient Offset Banking Coordinator
1650 Mail Service Center
Raleigh, NC 27699-1650
J. Failure of Grantee. If at any time Grantee is unable or fails to enforce this Conservation
Easement, or if Grantee ceases to be a qualified grantee, and if within a reasonable period of time after
the occurrence of one of these events Grantee fails to make an assignment pursuant to this Conservation
Easement, then the Grantee's interest shall become vested in another qualified grantee upon approval
by the NCDWR and in accordance with an appropriate proceeding in a court of competent jurisdiction.
K. Amendment, This Conservation Easement may be amended, but only in writing signed by
all parties hereto, and provided such amendment does not affect the qualification of this Conservation
Easement orthe status of the Grantee under any applicable laws, and is consistent with the conservation
purposes of this grant.
L. Present Condition of the Conservation Easement Area.
a. BPDP. The wetlands, scenic, resource, environmental, and other natural characteristics of the
Conservation Easement Area, and its current use and state of improvement, are described in Section 2
of the BPDP dated November 2021, prepared by Wildlands Engineering, Inc. and acknowledged by the
Grantor and Grantee to be complete and accurate as of the date hereof.. Both Grantor and Grantee
have copies of the BPDP. It will be used by the parties to assure that any future changes in the use of
the Conservation Easement Area will be consistent with the terms of this Conservation Easement.
However, this report is,not intended to preclude the use of other evidence to establish the present
condition of the Conservation Easement Area if there is a controversy over its use.
b. Baseline Documentation Report. The characteristics of the Conservation Easement Area and
the status of improvements and development shall be described in a Baseline Documentation Report
(the "Baseline") prepared by the Grantee with the cooperation of the Grantor. The Baseline shall be
acknowledged by the Grantee and the Grantor to be complete and accurate upon completion of the
mitigation activities conducted in the Conservation Easement Area (close out date of the mitigation
project). Both the Grantee and the Grantor will have copies of the Baseline, and a copy will be retained
in the Grantee's files. The Baseline will be used by the Grantee to assure that any future changes in
the use or condition of the Conservation Easement Area will be consistent with the terms of this
Conservation Easement.
TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for the aforesaid
purposes.
[signatures to followl
S
5.23.22 mtc
Page 9 of 12
IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above
written.
GRANTOR:
SPRING HILL FAMILY FARMS, LLC, a North Carolina
Iimited liability company
By: ecaZit ! I / (SEAL)
Borden Franklin Howell, Jr., Manager
Date: 1 -I q -,90 21
NORTH CAROLINA COUNTY OF_ JAMO
I certify that Borden Franklin Howell, Jr. personally appeared before me this day,
acknowledging to me that he is Manager of Spring Hill Family Farms, LLC, a North Carolina
limited liability company and that he, as Manager, being authorized to do so, executed the
foregoing on behalf of Spring Hill Family Farms, LLC.
IN WITH SS WHEREOF, i, have hereunto set my hand and Notary Sea[ this the Q �- day .of
2022.
ymaek--
Notary Public
My commission expires:
01
.5.23.22 mtc
Page 10 of 12
IN TESTIMONY WHEREOF, the Grantee has hereunto set his hand and seal, the day and year first above
written.
r
GRANTEE:
UNIQUE PLACES TO SAVE, a North Carolina 4
non-profit corporation
By:
Dat
SEAL)
i
r NORTH CAROLINA COUNTY OF �Ttu1 QI
I, NAB Ah�. 7OAV'IJ , a Notary Public in and for the County and State aforesaid, do
hereby certify that 3W r _ __ _ � personally appeared before me this day and
` acknowledged that he is 'A ONK Ek QjVtL b! of VAi ydt A On *.-- a non-profit
corporation, and that he, as _lend rek Qj)Cf( 0( , being authorized to do so, executed the foregoing
on behalf of the corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the I— day of
UVAI 2022.
I:
DurharhAounty
North 0050fina.
Notary Public
OaLv -
Notary Public f
My commission expires:
zo2G
10
Page 11 of 12
EXHIBIT A
2670553301
This map is nota certified survey
and has not been reviewed by a
local government agency for
compliance with any applicable
land development regulation and
has not been reviewed for
compliance with recording
requirements for plats.
2670553851
Parcels
Project Parcels
r 1 I
Exhibit A - Property
, W I L D L A N D' S Rosewood Mitigation Bank Parcel
e NO I N E ER I NC,- 0 150 300 Feet Black oirt and Rosewood Mitigation Bank.
Neuse River Basin (03020201)
Wayne County, NC
11
5.23.22 mtc
r
Page 12 of 12
EXHIBIT B
Description of Conservation Easement Area for Wildlands Engineering, Inc., Rosewood'
Riparian Buffer and Nutrient Offset Mitigation Bank located in Fork Township, Wayne
County, North Carolina. All references to the Wayne County Register of Deeds unless
otherwise noted.
CE "C"
Beginning at a rebar with cap set on the common line of Spring Hill Family Farms, LLC
(now or formerly, see Deed Book 3071, Pg. 697) and Ronald E. Waters and Paula Waters
(now or formerly, see Deed Book 2890, Pg. 739), said rebar being located N 05°06'51" E
1,542.93' from Site Control Point CP#2 (rebar with plastic cap) having NC Grid Coordinates
[NAD83(2011)] N=603,362.04 USft, E=2,275,384.42 USft, said rebar being N 31°28'35" W a
distance of 165.21' from an existing 112" iron rod;
thence, from the point of Beginning, with the common line, N 31 °28'35" W a distance of
632.38' to a rebar with cap set in a ditch, passing an existing'/z" rebar at 622.61';
thence, with a new line, with the ditch, N 46032'22" E a distance of 206.22" to a rebar with
cap set in the ditch;
thence N 43°33'32" E a distance of 62.17' to a rebar with cap set in the ditch, said rebar
being the south corner of Melissa K. Price (now or formerly, see Deed Book 3177, Pg. 778
and Plat Cabinet L, Pg. 26-E);
thence, with the Price fine, with the ditch, N 43°37'21" E a distance of 205.63' to a rebar
with cap set in the ditch, said rebar being the south corner of Stephen b. Ham and Kristina
M. Ham (now or formerly, see Deed Book 1117, Pg. 528 and Plat Cabinet E, Pg. 82);
thence, with the Ham line, with the ditch, N 44019'56" E a distance of 183.91' to a rebar
with cap set;
thence, with a new line, S 31 °06'06" E a distance of 542.32' to a rebar with cap set;
thence N 52°1 T43 E a distance of 23.44' to a rebar with cap set on the western right-of-
way of Rab Trail (NCSR #1276);
thence with a curve turning to the left with an arc length of 147.05', with a radius of
194.00', with a chord bearing of S 59"25'12" E, with a chord length of 143.55' to an
existing'/z" iron pipe, said iron pipe being the northwest corner of Thomas H. Dupree and
Christie N. Dupree (now or formerly, see Deed Book 2149, Pg. 322);
thence, with the Dupree line, S 08°50'33" E a distance of 171.64' to a rebar with cap set on
the line of William G. Luck, Jr. and Linda R. Luck (now or formerly, see Deed Book 1178,
Pg.. 196);
thence, with the Luck line, S 89'47'16" W a distance of 9.67' to an existing V iron pipe;
thence S 89°47'15" W a distance of 10.00' to a rebar with cap set in a ditch;
thence, with the ditch, S 21 °43'33" E a distance of 128.28' to a rebar with cap set;
thence, with a new line, S 70°42'39" W a distance of 589.52' to the point of Beginning;
containing 11.438 acres, more or less, and shown as CE "C" on a plat prepared by Turner
Land Surveying, PLLC (P-0702) of Swannanoa, NC, entitled "Conservation- Easement for
Wildiands Engineering, Inc., Rosewood Riparian Buffer a d Nutrient Offset Mitigation
Bank" dated April 20, 2022 and recorded in Plat B&ek 1,P 1-3 of the
Wayne County Register of Deeds.
12
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APPENDIX E. Overview Photographs
Rosewood Mitigation Bank Parcel
Appendix E: Overview Photographs
Rosewood Mitigation Bank Parcel
Appendix E: Overview Photographs
EROSION STABILIZATION PHOTOGRAPHS
UT to Charles Branch — Bank stabilization via mechanical grading & live staking (212312023) 1
UT to Charles Branch — Bank stabilization via mechanical grading & live staking (212312023) 1
Rosewood Mitigation Bank Parcel
Appendix E: Overview Photographs — Erosion Stabilization Photographs
UT to Charles Branch — Bank stabilization via mechanical grading & live staking (212312023) 1
x
UT to Charles Branch — Bank stabilization via mechanical grading & live staking (212312023) I
Rosewood Mitigation Bank Parcel
Appendix E: Overview Photographs — Erosion Stabilization Photographs
UT to Charles Branch — Bank stabilization via mechanical grading & live staking (212312023) 1
UT to Charles Branch — Bank stabilization via mechanical grading & live staking (212312023) I
Rosewood Mitigation Bank Parcel
Appendix E: Overview Photographs — Erosion Stabilization Photographs
UT to Charles Branch — Bank stabilization via mechanical grading & live staking (212312023) 1
UT to Charles Branch — Bank stabilization via mechanical grading & live staking (212312023)
Rosewood Mitigation Bank Parcel
Appendix E: Overview Photographs — Erosion Stabilization Photographs
UT to Charles Branch — Bank stabilization via mechanical grading & live staking (212312023) I
Rosewood Mitigation Bank Parcel
Appendix E: Overview Photographs — Erosion Stabilization Photographs
UT to Charles Branch — Bank stabilization via mechanical grading & live staking (212312023) 1
UT to Charles Branch — Erosion reduction via overland flow diversion, rip -rap installation, & live staking
(212312023)
Rosewood Mitigation Bank Parcel
Appendix E: Overview Photographs — Erosion Stabilization Photographs