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HomeMy WebLinkAbout20201940 Ver 2_Rosewood Bank AsBuilt Report - DRAFT_20230718pw W 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 =�k/ A z § } \ } \ 7 |) ( » » » » ƒ 2 } \ \ \ � \ \ � /// | L Lzzz�� 0 ) >> § _ } _ \ \ ) 7 F ® ! / \ § o- a$ �]] z �z� : =)®J » » » \ d 7 7 7 7 7 7 \0\{\{ j _ £A\SS} § �§� § .. z ƒ■z)\ 0m s�°)m #)k I.,ab� 2«2 #\ m )) 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 v 00 F � Vt p p � Vt Z � a N r p Z a Q a m � m F c^ ^ W c ti u°C O c j pp Z G o s O m> y z 7 a f0 Z O Fo£ N O a Z s F 6 a o 0 d F 0 O f a C W G � C C a Z 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. ,} _ a �s►VillP �' �� 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 1 I I 1 i I 1 1 I 1 1 I I .. ._.._.._.. _.._.._.._.._.'_.._.._.._..� i i i � I 3u0ter me I �! Hillsborough urham 1 j L'u aka F�•.`' i 7 J Ir�f�-;Hill rftsboro i i Fn 11 F'.,1-ilf Fa�iglitd:Jc 03020201 Hand,,, _m ii I .*' Clayton C oats N Liffington Buies Creek i Ei :n, Piva 1 Loui-:.hi.,r7 .,Minn Smithfield Four Oak Sm x 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 I I I I Nco:h vi II ej 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 %0000 1 v. i , y. , 1 go IIIIIIIIrF R"d 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. m m o p AS -BUILT SURVEY OF BUFFER AREAS FOR REVISIONS,OATEANO INITIAL: _% A� % <mo �< . WILDLANDS ENGINEERING, INC. ROSEWOOD MITIGATION BANK PARCEL SWANNANOA,NC28778 RNER PO BOX148 P-0702 (919) 827-0745 N mo " G7 N DWR Project No. 2020-1940 v2 NEUSE RIVER BASIN I TurnerLandSurveying.com FORK TOWNSHIP WAYNE COUNTY NORTH CAROLINA _ Certified HUME O Ev —4 Ni `��i�i��i�i�i�i�i�i�i�i�i�i�i�i'�D�i-w •.�_ _ . O��i���-���•!•A!�:OOOD000��DOi _ ►�0000�•i-�i�:-..- - - f O ��OOi1 250' 0' 250' 500' THIS MAP IS NOT FOR RECORDATION, SALES, OR CONVEYANCES AND DOES NOT COMPLY WITH G.S. SCALE: 1 Inch = 250 feet (11x17) 47-30 MAPPING REQUIREMENTS. o g AS -BUILT SURVEY OF BUFFER AREAS FOR REVISIONS, DATE AND INITIAL. WILDLANDS ENGINEERING, INC. ROSEWOOD MITIGATION BANK PARCEL P.O. BOX148 FF SWANNANOA,NC28778 �NLP-0702 (919)827-0745 � N� Totem ;g �� N mo m G) m 0` N DWR Project No. 2020.1940 v2 NEUSE RIVER BASIN LAND SURVEYING TurnerLandSurveying.com �^' FORK TOWNSHIP WAYNE COUNTY NORTH CAROLINA Certified BBE/WBE APPENDIX B. Vegetation Plot Data 1 O 1 a O `° > o N O a N n c-I O CO t0 N M N c-I N c-I c-I > > d o m N O a N n c-I N O - t0 ci c-I N c-I c-I N N c-I N N O > > a `o N a o N O f ci M N N M N c-I c-I N �y CO r O c} C � 0 � 6 c-I O c0 N M N N M N c-I c-I 0 > a o � 0 C y C a 1p M CO N CO 0 O - O > > L d o m O C a c-I c-I c-I N c-I c-I CO O 1p n 6 c-I O CO O M N c-I M N c-I N N > d o m C a 1p rl O. c-I N O I� n N = O N N N ci N M N > d o N a v IF- F- F- a w w H w 2 H w w 2 w w w N E C m C O E '0 m O E m O E O u a T 6 O N O v [C v O o Y Y V m u 9 0 L V N O T N E O Y� N x N v m K Q V3i VTi V o] VOi 2i V E m a a O 2 k �O Oi Oi O O Oi G U N O 0 0 0> a>> a` a a N > a o � N C a �O 1 f N M c-I c-I c-I N N N N E N n O1 O > a o � N O O a M c-I c-I c-I N N N N E r Ol O n a N a > N C O a N N M c-I c-I c-I c-I c-I c-I N N c-I O c-I n M N O 6 > a o � J a r m G � a f N N ci N N N N N E CO O 1O d 1 c-I O N N c-I N N N N N CO O > a o V > r O C a N N c-I N N N N N E CO n a N a > O N a n 01 N = > d o m C a 1p n > d o m a v F- F- a w w H H w 2 H N w w H H 2 w N N H w w N N H H N � E C m C O E '0 m O E m O E O u a T 6 O N O v [C v O o Y Y V m u 9 0 L V N O T N O Y N x E m K Q V3i VTi V M VOi 2i V E � a a O G U N O 0 0 0>>>> CO O N c-I O L N m c-I c-I N c-I N m CO O a a o io N O a N r CO O n N c-I O m c-I m c-I m N c-I c-I CO a d o 0 N O a .-I � N N c-I O n — m N N c-I c-I c-I N c-I c-I O1 O a cL o 0 N C a �O M c-I O n Ol O _ c-I N N c-I m c-I N c-I N O� O N o 6 > a o io r m m O c a c-I N N c-I m c-I N c-I N m O 1p G a - mo 1O d 1 N c-I O ci m c-I m N c-I c-I N c-I mO > > a o 0 V O a n m N c-I 00 1 N c-I c-I c-I c-I N c-I c-I N ° > O N a n N a n N N O o.ti a m N .ti a ti ti ti� co � v F- F- H H H N H H N H H H � E C m C O E '0 m O E m O E O a T o O N O v cc v O Om Y Y V m u 9 0 L V N O T N N E O Y N u N m K Q V3i VTi V Hi VOi 2i V d E o o a Z 10 C 2 G CO O M c-I O CO ci c-I N c-I m N c-I O a L a o � N C a �O � N c-I N O Ol n — N m m c-I N c-I c-I N c-I a a o � N O a N f N N ci N N N N N� CO n O � N c-I N O w — N N c-I N N N N N o a > a o N O a N N ci N N N N N O M o w N O CO r O C � m N N N N c-I N c-I No N N c-I O w0 G o � a o !0 y a w O � V N F c-I N N c-I N N N m N� c-I Ol O Ol ca CO ci N N c-I N N N m N CO a a o O C a c-I N N c-I N N N m N Ol CO 1p n N N — a a N c-I CO N O w n O — O N N c-I c-I m m c-I N N o a > d o m O a N N c-I c-I m m c-I N N W O v IF- F- F- a w w w H H 2 w w 2 w w w N E C m C O E 0 m O E m O E O a u T N 6 O O v v [C Y O o Y V m u L V O N T t E m O Y N x N v u m K Q V3i VTi V o] VOi 2i V E � a a O G U N O 0 0 0>>>> F c-I m m N I� ci �fl m O1 O N OmJ N O N m O — m N O O. � �Cc J C C a mm O N R M N ca — m c0 ca a a o a f ci N N c-I m c-I c-I N c-I � Ol n 1p N M N M c-I N O Ol _ _ c-I N N c-I m c-I c-I N c-I r l0 N O 6 > a o N !0 r m m O C a c-I N N c-I m c-I c-I N c-I � O1 1p G a ca 1O c v M a c-I N O O _ a m m c-I c-I N N c-I c-I c-I N CO > > V O C a m m c-I c-I N N c-I c-I c-I N CO � M ci m N O m n o — m c-I N c-I c-I N c-I m m ci O a d o m a v F- � w a w H w w H H 2 w N H w 2 H N w w H H w H a E N � E C m C O E '0 m O E m O E O a u T N 6 O O v v [C Y O o Y V m u 9 0 L V O N T N E O Y N x E v u. -M N m K Q V3i V�i V Hi VOi 2i V d E a a O 2 12 G U N O 0 0 0>>>> 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 •; 'i �r • •M1 ¢ zL ry ' 1 lJ •. � 'r �M1 .b JJ �`.:{,!,-. •; ',• �::w UTI: Subject 4 �.+ L l'.Y�ry�,..`.'-'•: k fir: Y f�..•k l'• r�5 �L ` � r� .. Lit•• K� � y III {: 0 Ra Kill UT2: Subject } .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 L 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 Page 12 of 14 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); 12 5.23.22 mtc Page 13 of 14 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 5.23.22 mtc Page 3 of 12 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 Page 7of12 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 5.23.22 mtc (t toe) Q, '0 91 A 0 LLLL ru SOP?- W w 97 V 'u-i Zo LL 0 0 z Lu R CV z 5 W, :3 LL F- W.0 uj L) — — — — — — — - z z of W— t- E D Vra£Cz z os W ui ca '6 u i x st z W0 :0 1 < 42) N N V z C14 0 Z U. 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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