20190239 Ver 2_Easement Encroachments_20230915

From: Merritt, Katie
To: Menefee -Dunn, Barbara A
Subject: FW: [External] Moccasin Creek (DWR 2019-0239v2) - Easement Encroachment Update
Date: Wednesday, October 11, 2023 4:01:32 PM
Attachments: 2023072-New Easement Overlans.odf
Figure 3 Credit Generation Map Moccasin.pdf
2021 County Sewer Easement.pdf
MoccasinCreek Recorded Easementand Plat. pdf
FW Moccasin MY2 Review.odf
Please file the Email & all the PDF attachments into Laserfiche as one whole PDF (not separate
documents).
File in 2019-0239v2 for "Moccasin Creek".
FILE NAME = Easement Encroachments
Date:9/15/23
From: Andrea Eckardt <[e-mail]>
Sent: Friday, September 15, 2023 2:24 PM
To: Merritt, Katie <[e-mail]>; Hartshorn, Blake <[e-mail]>
Subject: [External] Moccasin Creek (DWR 2019-0239v2) - Easement Encroachment Update
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the
Report Message button located on your Outlook menu bar on the Home tab.
Katie and Blake
Attached is the final sealed survey of the Moccasin Creek Bank Parcel utility line easement
encroachment (2023072-New Easement Overlaps.pdfl.
When we submitted the MY2 Report last year for Moccasin Creek (DWR 2019-0239v2), we thought
the encroachment was temporary and had occurred during an adjacent water line repair. What we
have found out since then is that the Town of Pine Level recorded a utility line easement and
installed a new utility line within the conservation easement boundary. This was done over a year
after the conservation easement for the bank had been recorded.
In addition to the plat of the easement encroachment/overlap, I have also attached the following
documents as reference:
• Bank credit generation map from the as -built report
• Moccasin Creek Recorded Conservation Easement (DB 5743, PN 22, Recorded 10/30/2020)
• Pine Level Force Main Recorded Easement (DB 6097, PN 74, Recorded 11/02/2021)
• DWR Correspondence from the MY2 Review
Because the utility line has already been installed, Wildlands and UP2Save, are proposing a release
of the entire 5,189 square feet shown in the plat from the bank conservation easement.
The release would translate to a reduction of 63.766 lbs. of N and 3,040 square feet of buffer
credits from the project.
I am requesting concurrence from NCDWR to proceed with the release of the conservation

easement area and associated reduction of credits.
Please let me know if you need any additional information or documentation on this issue.
I am happy to schedule a call to discuss if that is needed as well.
Thanks
Andrea
Andrea S. Eckardt I Chief Operating Officer
704.560.2997
Wildlands Engineering, Inc.
1430 S. Mint St, Suite 104
Charlotte, NC 28203
Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third
parties by an authorized state official.

I, JOHN H. CHANDLER., PLS L-4389, CERTIFY
THAT THIS PLAT WAS DRAWN UNDER MY
SUPERVISION FROM AN ACTUAL SURVEY MADE
UNDER MY SUPERVISION FROM INFORMATION
SHOWN IN DEED BOOKS REFERENCED ON MAP
AND MAP BOOKS REFERENCED ON MAP; THAT
ANY LINES NOT ACTUALLY SURVEYED APPEAR
AS BROKEN LINES AND WERE PLOTTED FROM
INFORMATION AS NOTED ON THE PLAT, THAT
THE RATIO OF PRECISION AS CALCULATED IS
BETTER THAN 1:10,000, THAT THE AREA WAS
COMPUTED BY COORDINATE METHOD. WITNESS
MY ORIGINAL SIGNATURE, REGISTRATION NUMBER
AND SEAL THIS THE ______ DAY
OF ___________ A.D.,2023.
— NOTES —
1. ALL DISTANCES SHOWN ARE HORIZONTAL
GROUND DISTANCES IN U.S. SURVEY FEET.
2. PIN#• 2624-14-33-7734.
J. THAT THE SURVEY IS OF AN EXISTING
PARCEL OR PARCELS OF LAND;
JOHN H. CHANDLER L-4389
PROFESSIONAL LAND SURVEYOR , ����rCA ����
��••6iElS/041 %-9
e�SEAL` Z
L-4389
•CH
N/F
KORNEGAY, DANIEL F. JR.
KOENEGAY, PAULA S.
NCPIN: 262414-33— 7734
BK 04039 PG 0385
VARIABLE WIDTH CONSTRUCTION EASEMENT
(OVERLAP AREA)
0.052 ACRES
2,273 SQ. FEET
CONSERVATION
EASEMENT AREA 3
PLAT BOOK 92, PAGE 112
C
i
SITE 0
.ojNF
'�I1�11►9ijl ►G►1dUj�t�1s.Y�l ►��
N/F
CREECH, MERLEON G &
ARTHUR, TERESA CREECH
PIN: 262414— 33-1249
DB 4202 PG 141
I
i
�I J��1
VARIABLE WIDTH UTILTY EASEMENT
vV (OVERLAP AREA)
0.067 ACRES
2,916 SQ. FEET
N/F
KORNEGAY, DANIEL F. JR,
KOENEGAY, PAULA S.
NCPIN: 262414-33— 7734
BK 04039 PG 0385
— UNE TABLE —
LINE
BEARING
LENGTH
L1
N39 20'38"E
203.04
L2
N46°12'18"W
22.81
L3
N46°12'18"W
15.96
L4
N46°12'18"W
9.27
L5
N44 52'48"W
46.17
L6
S3532'00"W
204.86
L7
S4539'47"E
64.59
L8
S4539'47"E
5.02
L9
S4539'47"E
10.91
L 10
S39 20'38"W
52.94
L 11
S00 °00'00 "E
18.73
L 12
S39 20'38"W
136.44
L13
S41'05'06"W
60.79
L14
S1022'13"W
50.84
L15
S39 20'38"W
99.42
EASEMENT SURVEY
chandler land survej FOR Pot#
DANIEL F. AND PAULA 5 KORNEGAY SURVEYED BY
119 Commerce Parkway, Suite 101, Gamer, North Carolina, 27529 AKN
Phone. [phone] OF DRAWN BY
JHC
SCALE: 1" =50' CONSERVATION EASEMENT AREAS DRAWING NAME
2023072—EASE
SCALE. • 1 " = 50' DATE. • 5-15-202J SHEET NUMBER
0 25 50 100 150
PINE LEVEL TOWNSHIP JOHNSTON COUNTY NORTH CAROLINA 1 OF 1

t
a 100' Power Line
+
K Easement Break
Vt
• 1
r
i
WILDLANDS
ENGINEERING
30' Power Line
Easement Break
50' Access &
Sewer Line
Easement Break
0 200 400 800 Feet
I I I I I I I I I
0 Project Location
' Conservation Easement Boundary
- Project Streams
0 Project Ditches
- Riparian Restoration - Buffer Mitigation (16'-100')
- Riparian Restoration - Nutrient Offset (101'-200')
No Credit (TOB - 15')
® Diffuse Flow Credit Deduction
Sewer Line Easement
Power Line Easement
r
Figure 3. Credit Generation Map
Moccasin Creek Mitigation Site
As -Built Monitoring Report
Neuse River Basin (03020201)
Johnston County, NC

Filed in JOHNSTON COUNTY, NC CRAIG OLIVE, Register of Deeds Filed 11/02/2021 09:56:16 AM
DEED BOOK: 6097 PAGE: 74-78 INSTRUMENT # 2021779526
Real Estate Excise Tax: $0.00 Deputy/Assistant Register of Deeds: Lynn Kirby
Prepared by: Tenrll-Kr7. S I kSSe,
Project Name: Pine Level force Main Project
Brief Description: RRT Development, LLC, DB 548-9, Page 51.5; DI3 5$23, Page 202,,1211i10016 &/2008024
NORTH CAROLINA
JOHNSTON COUNTY
EASEMENTS
4�
THESE EASEMENTS, made this � � day of _ �,pr� ] _ , 2021, by andbetween Philip Tyler
RRT Development, ITC, with an address of 5104 ITS 70 Business Hwy, W, Clayton, North Carolina 27520
hereinafter referred to as "Grantor", and County of Johnston, a North Carolina body politic and corporate
with an address of P,O, Box 1049, Smithfield, North Carolina 27577 hereinafter referred to as "County"
WITNESSETH:
WHEREAS, Grantor is the owner of a is the owner of a tract or tracts of land located at
Johnston County, North Carolina, which is more particularly described in :Deed Boob 5459, Page
515 and Deed Boob 5823, Page 202, Johnston County Register of Deeds, hereinafter referred to
as the "Parcels".; and
WHEREAS, the County desires certain permanent easements on part of the Parcels for
the purpose of installing and maintaining utilities, including but not limited to sanitary sewer
force main lines and the necessary appurtenances and accessories such as pipes, fittings, valves
and other devices (hereinafter referred to as "utility" or "utilities"); and
WfIEREAS, the County also desires certain temporary constriction easements for the
installation of the above said utilities; and
WHEREAS, Grantor requires the County to assume fall liability for the County officials
and other associated parties during the construction, operation, and maintenance of the County
owned utilities;
NOW, THEREFORE, Grantor, for and in consideration of the sum of Pour Thousand Thirty -Five
and 41/100 Dollars ($4,035,41) and other valuable consideration, to it in hand paid, the receipt of which is
hereby aclmowledged by Grantor, does hereby give, grant, bargain, and convey to the County, its
successors and assigns, the right to construct, maintain, inspect, operate, protect, repair, replace, change
the size of, or remove the sanitary sewer collection lines and the necessary appurtenances and the right of
ingress and egress to and from the same for the purposes aforesaid, over, under, through and across the
said tracts of land of Grantor situated in Johnston County, North Carolina, said easements being
more particularly described as follows:
PERMANENT NT EASEMENT:
Being six permanent access and public utility easements consisting o, f 2, 579 &
3727 & 220 & 3949 ,& 2955 & 7627 square feet respectively, and being
designated as "New 20' Utility Easement'; as shown upon that plat and survey
entitled, "'Easement flat of Fine ,bevel Sewer Force . Main Replacement for
Johnston County North Carolina ", Prepared By Chandler Land Surveying, John
H, Chandler, Land Surveyor dated October 1, 2020, which said plat is of record
in Flat Book qV Page�� in the :register of ,deeds for Johnston County
3?1

North Carolina,
TEMPORARY CONSTRUCTION EASEME NT:
Being seven temporary construction easements consisting of 384 & 976 & 2268
& 718 & 2796 & 6789 & 557 square feet respectively, and being designated as
"New 50' Construction Easement" as shown upon that plat and survey entitled,
"Easement Flat of Fine Level Sewer Force Main Replacement_ for Johnston
County North Carolina", Prepared By Chandler sand Surveying, John H,
Chandler, Lan4 Surveyor .dated October 1, 2020, which -said plat is pf record in
Flat Book % , Rage 3 96 in the Register of Deeds for Johnston County
North Carolina. 311
IT IS THE PURPOSE OF THESE EASEMENTS to convey to the County a non-exclusive
permanent easements and a temporary construction easements as described hereinabove for a force
main sewer line to serve the greater Pine Level area for the purposes set forth hcrcinabovc,
TO HAVE AND TO HOLD said permanent easements to the County, its successors and
assigns, continuously and perpetually, and to hold all temporary construction easements herein
granted from the date of this instrument through the date of completion of the project for which said
easements herein are granted,
The Grantor covenants with the County that Grantor is seized of the said premises in fee
simple, has the right to convoy the, easements dcscribcd herein, that title is marketable and free and
clear of all encumbrances,
The County shall have the right to clear vegetation and other obstructions from the herein
granted right of way and Grantor agrees not to build, construct, create, or permit others to build,
construct or create any buildings or other structures on the herein granted right of way that will
interfere with the normal operation and maintenance of said sanitary sewer collection lines an
appurtenances herein referred to; provided, however, that Grantor retains the right to construct roads,
driveways, and parking areas over the right of way (provided that there is at least 3,0 feet of cover
over the pipeline) and to use fully the above described premises for any other purpose that is not
inconsistent with the rights herein granted to the County, Any areas within the easements that are
disturbed during the construction of the force main sewer lines will be repaired in accordance
with state regulatory requirement for erosion and sedimentation control,
All utilities shall be installed, maintained owned and operated by the County in
accordance with all applicable codes, laws, rules and regulations; and the, County, by acceptance
of these easements, agrees to hold the Grantor harmless from and against any and all claims,
dornands, actions, causes of action, suits, judgments or liability whatsoever, arising_ by reason of
the county's operation of the County owned utilities on Parcel,
These easements shall exist for so long as the utilities are used by the County for the
purposes set forth herein, it being understood that at such time, as the utilities are permanently
abandoned or removed from. the Parcel that this casement shall terminate and be of no further
force and effect, All temporary construction easements granted herein shall revert back to the
grantor - upon final construction of the project for which they are granted and they shall be
returned free from any damage from use during construction in the same or similar condition as

they were in when the temporary easements were first granted,

DEED B: 6097 P: 77
Signature Page for Deed of Easement RRT Development LLC
Pine bevel Force Main Project
Brief Description: RRT Development, L,L.C, DE 54$9, Page 515; D13 5523, Page 202: 12N10016 &
12008024
IN WITNESS WHEREOF, the undersigned entity has hereunto set its hand and
seal the day and year set out above.
�- (Seal)
Philip Tyler - RRT' Develo melt, LL,C
By. -
President
NORTH CAROLINA
JOHNSTON COUNTY
I, IN• ''1 i' , A Notary Public of said State and County, certify
that T Philip Tyler President of RRT Development, EL.C,
personally appeared b rco me a this day and acknowledged the due execution of the foregoing
instrument,
Witness my band and notari&MMUMI'(bf, --- day of - i
2021
...t. ..Z:
f AMA pi mope of Notary Public
'L rint . w
��� .••, ,
amission expires:
My commission expires: A n . (9 a (p

DEED B: 6097 P: 78 END OF DOCUMENT
Deed of Easement — RRT Development LLC
Pine Level Force Main Project
Brief Description: DB 5489/515; DB 5823/202—12NIO016 & 12008024
JOHNSTON COUNTY
BY: 1:;)(SEAL)
Rick ester ounty Manager
ATTEST:
BY: P,3 , a- G. Q w S-J
Paula G. Woodard, Clerk
STATE OF NORTH CAROLINA
COUNTY OF JOHNSTON
1, a-06 f, A , a Notary Public of said State and County,
certify that Paula G. Woodard, Cler of the Johnston County Board of Commissioners, a
corporate body, came before me and acknowledged that by authority given, the foregoing
instrument was signed in its name by its County Manager, sealed with its corporate seal and
attested by her as its Clerk.
Witness my hand and official seal, this the"day of � m&X- 52021.
CU
�P �p Tq �
e
Z
Official Seal)
Notary Public /`
Printed Names � is (,�c �Gl i R 7�iL
My commission expires:

Filed in JOHNSTON COUNTY COUNTY, NC CRAIG OLIVE, Register of Deeds Filed 10/30/2020 04:26:27
DEED BOOK: 5743 PAGE: 22-39 INSTRUMENT # 2020686405
Real Estate Excise Tax: $314.00 Deputy/Assistant Register of Deeds: LaWanda Neal
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Wildlands Engineering, Inc.
1430 South Mint Street, Suite 104
Charlotte, North Carolina 28203
\11 3Iq `�
SPACE ABOVE THIS LINE FOR RECORDER'S USE
PERMANENT CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT ("Conservation Easement") made this :�� day of
CSC �o`AP , 2020 by and between Daniel F. and Paula S. Kornegay Jr., ("Grantor") and Unique
Places to Save. ("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 Johnston County,
North Carolina, more particularly described in Exhibit A attached hereto and incorporated herein
("Property") and being a portion of the properties conveyed to the Grantor by deed as recorded in Deed
Book 4039 at Page 385 of the Johnston County Registry, North Carolina (PIN 262414-33-7734, ID
12008024);
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 in its natural state,, which'includes the following natural communities: unnamed tributaries and
open field ditches to the Neuse River which contribute to the overall water quality of the hydrologic system
and provide enhanced wildlife habitat once the vegetated buffers are created. The purpose of this
Conservation Easement is to maintain riparian resources and other natural values of approximately 16.3
acres, more or less, and being more particularly described on a survey 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.
1

DEED B: 5743 P: 23
WHEREAS, the preservation of the Conservation Easement Area is required by the Wildlands Holdings III,
LLCs ("Wildlands") Moccasin Creek Mitigation Banking Instrument (DWR #2019-0239v2). The Conservation
Easement Area will be restored to a natural vegetated condition as provided in and specified in the
Moccasin Creek Mitigation Bank Parcel Development Package ("BPDP"). The Moccasin Creek 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.
Grantor and Grantee agree that third party rights of enforcement shall be held by the NCDWR and that
these rights are in addition to, and do not limit the rights of the parties to the Mitigation Banking
Instrument.
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 a Conservation Easement of the nature and character
and to the extent hereinafter set forth, over the Conservation Easement Area described on 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 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 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:
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, except in areas within the Conservation Easement Area where the District has
maintenance rights as conveyed by the Site Viability Letter from the North Carolina Department of
Environmental Quality dated November 22, 2019 (see Exhibit C).
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.
2

DEED B: 5743 P: 24
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 in areas within
the Conservation Easement Area where the District has maintenance rights as conveyed by the Site
Viability Letter from the North Carolina Department of Environmental Quality dated November 22, 2019
(see Exhibit C).
F. Roads and Trails. There shall be no construction of new roads, trails or walkways on the
Conservation Easement Area; nor enlargement or modification to existing roads, trails or walkways.
G. Signage. 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 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. - Vehicles. The operation of mechanized vehicles, including, but not limited to,
motorcycles, dirt bikes, all -terrain vehicles, cars and trucks is prohibited, other than for temporary access
for purposes of maintaining the Conservation Easement Area during the five-year monitoring period as
described in the BPDP or by. the Drainage District in the identified travel way only as described in Article
VI.

DEED B: 5743 P: 25
M. 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
whole or in part, provided such sale, transferor 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, Wildlands Holdings III, LLC the right to construct a nutrient offset and riparian buffer
mitigation bank within the Conservation Easement Area, in accordance with the Moccasin Creek Bank
Parcel Development Package approved in accordance with the Moccasin Creek Mitigation Banking
Instrument.
ARTICLE IV.
GRANTEE'S RIGHTS
The Grantee or its authorized representatives, successors and assigns, 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
19

DEED B: 5743 P: 26
term of this Conservation Easement is orwould 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. NCDWR shall have
the same right to enforce the terms and conditions of this 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.
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. Drainage District. The Property is located within the Moccasin Creek Drainage District
("Drainage District"), where active maintenance can be performed on Moccasin Creek and its unnamed
tributaries, as authorized by the Drainage District. Per the Site Viability Letter from the North Carolina
Department of Environmental Quality dated November 22, 2019, the Drainage District access to Moccasin
Creek and its tributaries on the Property is limited to a fifteen (15) foot travel -way ("Maintenance Area").
The width and location of the Drainage District's travel -way on the Property was acknowledged by Mr.
Richard D. Braswell, the Chairmen of the Moccasin Creek Service District in a letter dated February 12,
2020. Both letters are included in Exhibit C as well as a map of the "Maintenance Area".
B. 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.
However, Grantor does warrant that rights of the Drainage District for access and maintenance of the
Maintenance Area is not subordinate 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.
C. 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
E

DEED B: 5743 P: 27
Conservation Easement Area or any portion thereof and shall not be amended, modified or terminated
without the prior written consent and approval of NCDWR.
D. 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 etseq. 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 document.
E. Entire Agreement and Severability. This instrument sets 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.
F., 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 to comply
with federal, state or local laws, regulations and permits that may apply to the exercise of the Reserved
Rights.
G. Extinguishment. In the event that changed conditions render impossible 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.
H. 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.
I. 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
2

DEED. B: 5743 P: 28
Conservation Easement.
J. Notification. Any notice, request for approval, or other communication required underthis
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:
Daniel F. and Paula S. Kornegay Jr
610 Worley Road
Princeton, NC 27569
To Grantee:
Unique Places to Save
PO Box 1183
Chapel Hill, NC 27514-1183
Attention: Conservation and Mitigation Specialist
To NCDWR:
NCDENR — Division of Water Resources
401 & Buffer Permitting Unit
Attn: Nutrient Offset Banking Coordinator
1650 Mail Service Center
Raleigh, NC 27699-1650
K. 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.
L. 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.
M. Present Condition of the Conservation Easement Area.
a. Bank Parcel Development Plan. 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 Bank Parcel Development Package, dated September 2019, prepared by
Grantor 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 Bank Parcel Development Package. 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.
7

DEED B: 5743 P: 29
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 this report, 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
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.
8

DEED B: 5743 P: 30
IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first above
written.
GRANTOR: +��ORNEGq`
a PA Ia
2.. �
By: AtALI V�
Daniel F. Kornega Pl)-
Date: acl Nam
By: SEAJJ� ; Z�i•� V
Paula S. Kornegay PUN
Date: �..�"
NORTH CAROLINA COUNTY OF K
I, K0 Ao, a Notary Public in and for the County and State aforesaid, do hereby
certify that Daniel F. Ko ega Jr and Paula S. Kornegay, Grantor, personally appeared before me this day
and acknowledged the execution of the foregoing instrument:
,�jenurw��y
IN WITH SS WHEREOF, I have hereunto set my han fn'%0iW% ••• al this the �I!' day of
Piles , 2020. ��.
y�':• ARY e
Nota
My cammis3it�r���t�51"res:
-4( "-)-o��
0

DEED B: 5743 P: 31
IN TESTIMONY WHEREOF, the Grantee has hereunto set his hand and seal, the day and year first above
written.
GRANTEE:
UNIQUE PLACES TO SAVE
By: (SEAL)
Jeffrey Fisher, o rd air
Date: / a
NORTH CAROLINA COUNTYOF �/14;241)
-L F_a Notary Public in and for the County and State aforesaid, do hereby
certify that Jeffrey Fisher, Grantee', personally appeared before me this day and acknowledged that he is
Board Chair of Unique Places to Save, a non-profit corporation, and that he, as Board Chair, being
authorized to do so, executed the foregoing on behalf of the corporation.
I WIITNNESS-WHEREOF, I have hereunto set my hand and Notary Seal this the day of
li— O 202 G
Notary Public
90NE E C ..,- My commission expires:
c� NpTAR.y
PUBLIC
COU
10

DEED B: 5743 P: 32
Parcels
Project Parcel
This map may not be a certified survey and has not been
reviewed by a local government agency for compliance
with any applicable land development regulations
and has not been reviewed for compliance wtih
recording requriements for plats.
Daniel F. Komegay Jr.
& Paula S. Kornegay
Exhibit A: Overall Property
0
I 20I 0 400 .� 80I 0 Feep Moccasin Creek Mitigation Site
LNeuse River Basin 03020201MWILDLANDS
ENGINEERING IJN.
Johnston County, NC

DEED B: 5743 P: 33
EXHIBIT B
A Conservation Easement for Wildlands Engineering, Inc,
"Moccasin Creek Riparian Buffer and Nutrient Offset Mitigation Bank"
Property of Daniel and Paula Kornegay Jr.
12

DEED B: 5743 P: 34
RESTRICTIONS OF RECORD. THE PURPOSE OF THIS LEGAL DESCRIPTION IS TO PROVIDE A METES AND
BOUNDS DESCRIPTION FOR A CONSERVATION EASEMENT.
EASEMENT AREA 3
COMMENCING AT A 1" IRON PIPE FOUND 0.3' ABOVE THE EXISTING GROUND, BEARING NC GRID
COORDINATES NORTHING: 645,000.89' AND EASTING: 2,222,153.64', SAID POINT BEING A.COMMON
CORNER WITH THERESA B. DALE (NC PIN: 262424-33-9777 & JOHNNIE PEARL & JOHN A. WALL (NC PIN:
262414-33-4724; THENCE S 89°25'19" E A DISTANCE OF 214.11' TO A 5/8" IRON REBAR SET FLUSH WITH
THE EXISTING GROUND;, THENCE S 89°25'19" E A DISTANCE OF 189.22' TO A COMPUTED POINT IN A
CREEK; THENCE S 27°02'27" E A DISTANCE OF 73.47' TO A COMPUTED POINT IN A CREEK; THENCE S
56'32'41" E A DISTANCE OF 548.30' TO A COMPUTED POINT IN A CREEK; THENCE S 56'32'41" E A
DISTANCE OF 72.26' TO A COMPUTED POINT IN A CREEK; THENCE S 64°02'26" E A DISTANCE OF 15.36' TO
A COMPUTED POINT IN A CREEK; THENCE S 64°02'26" E A DISTANCE OF 88.65' TO A COMPUTED POINT IN
A CREEK; THENCE S 34°59'13" E A DISTANCE OF 294.23' TO A COMPUTED POINT IN A CREEK; THENCE S
44°50'24" E A DISTANCE OF 262.09' TO A COMPUTED POINT IN A CREEK; THENCE S 44°50'24" E A
DISTANCE OF 30.43' TO A COMPUTED POINT IN A CREEK AND BEING THE POINT AND PLACE OF
BEGINNING;
THENCE S 44°50'24" E A DISTANCE OF 46.17' TO A COMPUTED POINT IN A CREEK; THENCE S 46'09'54" E
A DISTANCE OF 48.04' TO A COMPUTED POINT IN A CREEK; THENCE S 39'23'02" W A DISTANCE OF
203.04' TO A 5/8" IRON REBAR SET FLUSH WITH THE EXISTING GROUND; THENCE N 45°37'23" W A
DISTANCE OF 80.52' TO A 5/8" IRON REBAR SET FLUSH WITH THE EXISTING GROUND; THENCE N
35°34'24" E A DISTANCE OF 204.86' TO A COMPUTED POINT IN A CREEK WHICH IS THE POINT OF
BEGINNING, HAVING AN AREA OF 17,649.80 SQUARE FEET/ 0.405 ACRES.
THE PROPERTY DESCRIPTION HEREON IS SUBJECTTO ALL RIGHTS -OF -WAY, EASEMENTS, AND
RESTRICTIONS OF RECORD. THE PURPOSE OF THIS LEGAL DESCRIPTION IS TO PROVIDE A METES AND
BOUNDS DESCRIPTION FOR A CONSERVATION EASEMENT.
EASEMENT AREA 4
COMMENCING ATA 1" IRON PIPE FOUND 0.3' ABOVE THE EXISTING GROUND, BEARING NC GRID
COORDINATES NORTHING: 645,000.89' AND EASTING: 2,222,153.64', SAID POINT BEING A COMMON
CORNER WITH THERESA B. DALE (NC PIN: 262424-33-9777 & JOHNNIE PEARL & JOHN A. WALL (NC PIN:
262414-33-4724; THENCE S 89°25'19" E A DISTANCE OF 214.11' TO A 5/8" IRON REBAR SET FLUSH WITH
THE EXISTING GROUND; THENCE S 89°25'19" E A DISTANCE OF 189.22' TO A COMPUTED POINT IN A
CREEK, THENCE S 27°02'27" E A DISTANCE OF 73.47' TO A COMPUTED POINT IN A CREEK, THENCE S
56'32'41" E A DISTANCE OF 548.30' TO A COMPUTED POINT IN A CREEK; THENCE S 56°32'41" E A
DISTANCE OF 72.26' TO A COMPUTED POINT IN A CREEK; THENCE S 64°02'26" E A DISTANCE OF 15.36' TO
A COMPUTED POINT IN A CREEK; THENCE S 64°02'26" E A DISTANCE OF 88.65' TO A COMPUTED POINT IN
A CREEK; THENCE S 34°59'13" E A DISTANCE OF 294.23' TO A COMPUTED POINT IN A CREEK; THENCE S
44'50'24" E A DISTANCE OF 262.09' TO A COMPUTED POINT IN A CREEK; THENCE S 44'50'24" E A
DISTANCE OF 30.43' TO A COMPUTED POINT IN A CREEK; THENCE S 44°50'24" E A DISTANCE OF 46.17' TO
A COMPUTED POINT IN A CREEK; THENCE S 46'09'54" E A DISTANCE OF 48.04' TO A COMPUTED POINT IN
A CREEK; THENCE S 46°09'19" E A DISTANCE OF 51.64' TO A COMPUTED POINT IN A CREEK AND BEING
THE POINT AND PLACE OF BEGINNING;
THENCE S 60°48'59" E A DISTANCE OF 96.53' TO A COMPUTED POINT IN A CREEK; THENCE N 74°13'31" E
A DISTANCE OF 412.85' TO A COMPUTED POINT IN A CREEK; THENCE S 66°21'01" E A DISTANCE OF 45.91'
TO A COMPUTED POINT IN A CREEK; THENCE S 47°27'10" E A DISTANCE OF 46.12' TO A COMPUTED
13

DEED B: 5743 P: 35
POINT IN A CREEK; THENCE S 69°53'17" E A DISTANCE'OF 399'.16' TO A COMPUTED POINT IN A CREEK; .
THENCE S 41'54'04" E A DISTANCE OF 357.55' TO A COMPUTED POINT IN A CREEK; THENCE S 64°36'43" E
A DISTANCE OF 237.13' TO A COMPUTED POINT IN A CREEK; THENCE N 58°03'09" E A DISTANCE OF
51.44" TO A COMPUTED POINT IN A CREEK; THENCE S 78°58'01" E A DISTANCE OF 96.39' TO A
COMPUTED POINT IN A CREEK; THENCE N 85°29'57" E A DISTANCE OF 95.57' TO A COMPUTED POINT IN
A CREEK; THENCE S 16°30'16" W A DISTANCE OF 224.82' TO A 5/8" IRON REBAR SET FLUSH WITH THE
EXISTING GROUND; THENCE N 86°43'45" W A DISTANCE OF 276.28' TO A 5/8" IRON REBAR SET FLUSH
WITH THE EXISTING GROUND; THENCE N 63°11'21" W A DISTANCE OF 241.66' TO A 5/8" IRON REBAR SET
FLUSH WITH THE EXISTING GROUND; THENCE N 43"55'31" W A DISTANCE OF 378.89' TO A 5/8" IRON
REBARSET FLUSH WITH THE EXISTING GROUND; THENCE N 70°11'16" W A DISTANCE OF 376.34' TO A
5/8" IRON REBAR SET FLUSH WITH THE EXISTING GROUND; THENCE S 77°11'10" W A DISTANCE OF
404.33' TO A 5/8" IRON REBAR SET FLUSH WITH THE EXISTING GROUND; THENCE S 83°13'23"-W A
DISTANCE OF 206.59' TO A 5/8" IRON REBAR SET FLUSH WITH THE EXISTING GROUND; THENCE S
39'23'1-6" W A DISTANCE OF 88.35' TO A 5/8" IRON REBAR SET FLUSH WITH THE EXISTING GROUND;
THENCE S 55'51'26" W A DISTANCE OF 174.16' TO A 5/8" IRON REBAR SET FLUSH WITH THE EXISTING
GROUND; THENCE N 56°06'06" W A DISTANCE OF 88.84' TO A COMPUTED POINT IN A CREEK; THENCE N
61'49'59" E A DISTANCE OF 201.65' TO A COMPUTED POINT IN A CREEK; THENCE N 39°46'59".E A
DISTANCE OF 388.97' TO A COMPUTED POINT IN A CREEK WHICH IS THE POINT OF BEGINNING, HAVING
AN AREA OF 413,786.54 SQUARE FEET / 9.499 ACRES.
THE PROPERTY DESCRIPTION HEREON IS SUBJECT TO ALL RIGHTS -OF -WAY, EASEMENTS, AND
RESTRICTIONS OF RECORD. THE PURPOSE OF THIS LEGAL DESCRIPTION IS TO PROVIDE A METES AND
BOUNDS DESCRIPTION FOR A CONSERVATION EASEMENT.
Being all of four conservation easement areas containing a total of 16.27 Acres, being thesame more or
less, according to plats of survey entitled "A Conservation Easement Plat for Wildlands Engineering, Inc,
Moccasin Creek Riparian Buffer and Nutrient Offset Mitigation Bank", on the property of Daniel F
Kornegay Jr and Paula S Kornegay. This description of land was prepared from an actual survey under the
supervision of Caleb Troy Clayton, N,C PLS (License # L-5306) and shown on plats of survey as recorded in
Plat Book-Z- Pages 11.2 of the Johnston County Register of Deeds, to which reference should be
made for a more complete description.
14

DEED B: 5743 P: 36
EXHIBIT C
Site Viability Letter from NCDWR and Letter from Moccasin Creek Drainage District and map of
Maintenance Area.
15

DEED B: 5743 P: 37
l
W I LDLANDS
ENGINEERING
Via email to: [e-mail]
February 12, 2020
Mr. Richard D. Braswell
Chairman
Moccasin Creek Service District
2736 NC Hwy. 210
Smithfield, NC 27577
RE: Notification and Confirmation that the Johnston County Drainage District #1: Moccasin
Creek Watershed Central Drainage District maintenance is limited on Parcel 262414-33-7734
Dear Dicky,
Wildlands Engineering, Inc. is planning a riparian buffer and nutrient offset mitigation bank on
the Johnston County Parcel ID 262414-33-7734 owned by Daniel F. and Paula S. Kornegay. The
attached Exhibit A shows the parcel and the approximate area of the buffer mitigation bank
project. Wildlands' plans are to record a permanent conservation easement approximately in
the areas shown on Exhibit A. Once approved by the NC Division of Water Resources, we will
plant trees throughout the easement area.
As we have previously discussed, the Central Drainage District maintains an access route on the
North side of Moccasin Creek and does not have an easement or right of access on the South
side of Moccasin Creek. However, as a part of its approval process for the buffer restoration
project, the NC Division of Water Resources is requiring that we coordinate with the Drainage
District to document that any future travel -way within the proposed conservation easement
area for the Drainage District will be limited to 15 feet from the top of Moccasin Creek and the
lateral streams coming into Moccasin Creek on the site. This would apply to any future
maintenance contracts issued for the project parcel as well.
Your signature on page two of this letter indicates that you have reviewed the attached
preliminary map and that you see no conflict between the Central Drainage District and the
NCDWR requirements of a limited 15-foot travel -way on the Kornegay's parcel approximately
as shown on the attached Exhibit A.
Page 1 of 2
Wildlands Engineering, Inc. (P) 704.332.7754 • 1430 South Mint Street, Suite 104 • Charlotte, NC 28203

DEED B: 5743 P: 38
I:
WILDLA-NDS
ENGI NE Ei ING
Thank you for your understanding and cooperation.
Sincerely Yours,
Robert W.Bugg
Director: Mitigation Development and Credit Sales
Wildlands Engineering, Inc.
rbugg@wildlandseng:com
o) 704-332-7754
m) 704-719-2100
CC: Danny Kornegay
Attachment: Exhibit A showing Parcel 262414-33-7734, the conservation easement area, and
the 15' buffer zone from top of bank for the Central Drainage District's access.
Agreed: -A LAP
Name: Richard D. Braswell
Title: Chairman, Moccasin Creek Service District
Date: 'LJ_,L!02020
Page 2of2
Ill" Wildlands Engineering, Inc.- (P) 704332,7754 • 1430 SouthWint Street, Suite 104 • Charlotte, NC 28203

PROPERTY DATA
CURRENT OWNER: KORNEGAY, DANIEL F JR &
KORNEGAY, PAULA
SITE ADDRESS: 501 STATE ROAD 1927
SELMA, NORTH CAROLINA 27576
PIN :262414-33-7734
CONSERVATION EASEMENT
AREA SUMMARY
PROPERTY: DANIEL F KORNEGAY JR
PIN: 262414-33-7734
EASEMENT AREA 1: 130,801.61 SF 13.003 AC
EASEMENT AREA 2: 146,512.14 SF 13.363 AC
EASEMENT AREA 3: 17,649.80 SF 10.405 AC
EASEMENT AREA 4: 413,786.54 SF / 9.499 AC
REVIEW OFFICER CERTIFICATION
STATE OF NORTH CAROLINA
CO NTY OFJOHNSTON
I, I REVIEW OFFICER OF
JOHNST COUNTY, C R IFY THAT THIS MAP OR PLAT TO WHICH THIS
OHNST
CERTIFICATE OF EXEMPTION
I (WE) HEREBY CERTIFY THAT I AM (WE ARE) THE OWNER(S) OF THE PROPERTY SHOWN AND
DESCRIBED HEREON, WHICH WAS CONVEYED TO ME (US) BY DEED RECORDED IN BOOK 4039,
PAGE 385, AND THAT SAID PROPERTY QUALIFIES AS EXEMPT TO THE PROVISIONS OF THE
SUBDIVISION REGULATIONS OF THE TOWN OF PINE LEVEL.
ainzE� k-1
O DATE
SUBDIVISION ADMINISTRATOR DATE
ADJ❑INDER PROPERTY
N/F- OWNER
PIN
DB/PG
PB/PG
1
OLIVER, RUDOLPH E II
& OLIVER, DAVID C
262414-33-4464
4222/ 378
7/ 301
2
ATKINSON, MILFORD S
262414-33-5368
575/ 453
7/ 301
3
SIMS FAMILY TRUST
262414-33-6325
4630/ 656
7/ 301
4
BAGLEY, ROSA
262414-33-8412
3322/ 843
5
MOORE, JOHNNY RAY
262414-33-8362
4922/ 473
7/ 45
6
MOORE, JOHN TAFT
262414-33-8254
1128/ 496
7
CHAVEZ, MARIA
TERESA TORRES
262414-3-8168
5074/ 96
7/ 75
8
ALLEN, DARRYL A SR &
ALLEN, KIMBERLY
262414-33-8187
3348/ 701
7/ 46
9
ALLEN, DARRYL A &
ALLEN, KIMBERLY
262414-33-9115
3162/ 823
10
BAGLEY, SADIE
262414-33-9143
760/49
11
SMITH, JESSIE PEARL
262414-33-9161
634/ 179
12
MOORE, TRACIE
262414-33-9190
3910/ 258
13
ARTIS, MILDRED &
WILLIAMS, HOWARD
262414-33-0047
465/ 61
14
DYS PROPERTIES INC
262414-33-1012
3819/ 735
15
BUTLER, CHARLES
AVERITT
262414-33-1988
16
SELLERS, ANNIE
LAURA
262414-33-2943
1436/ 230
17
MILLER, REBECCA &
WILLIAMS, JOHN
262414-33-3837
4937/ 564
18
DIAZ, ANTHONY & DIAZ
EMILY
262414-33-4830
5264/ 673
19
RADFORD, JOSEPH &
BENSON,HEATHER
262414-33-4797
4505/ 497
20
COOPER, DEBRA
262414-33-5744
1665/ 903
21
EVANS, ANNIE
262414-33-6887
1491/ 913
SURVEY CONTROL / GRID TIE NOTES
1) CLASS OF SURVEY: CLASS A
2) POSITIONAL ACCURACY: H: 0.04'
3) TYPE OF GPS FIELD PROCEDURE: REAL TIME KINEMATICS NETWORKS (VRS)
4) DATE OF GPS SURVEY: DECEMBER 5th, 2019
5) HORIZONTAL DATUM: NAD83 (2011) NC STATE PLANE COORDINATE SYSTEM
VERTICAL DATUM: NAVD88
6) PUBLISHED/FIXED-CONTROL USE:
HORIZONTAL
NAME: SMITHFIELD CORS ARP PID: DK6525
LATITUDE: 35 33 49.60980 ELLIPSOID HEIGHT: 24.482m
S r rr , LONGITUDE: 78 20 10.80495 GEOID HEIGHT:-34.198m
h y (NP) \ �' /? F� W \ N44'50 24 W t ELEVATION: 192.7'
% r CREEC l N 1. C ^�: 12
sr Fti `�' LB 30.43\,
` 7 GEOID MODEL: GEOID 18
EECI
1" IPF (0.2' BG) ��\ .v �` y,Q w \ N. 62 '4 � 249 Q 8) COMBINED FACTOR: 0.99988159
N: 644194.65' �q 'll�, •• Q )
� I: �2���' I•'� 14� 9 UNITS: U.S. SURVEY FEET
o E: 2222354.51' '�3 ? I \ 10) GPS ANTENNA: TRIMBLE R10-2
K 1RN; t A AM JR & �' 63 W � 11) ADJUSTMENT: SURVEY DATA WAS POST PROCESSED WITH TRIMBLE
N46'09 19 W RY � BUSINESS CENTER V5.00.
�F<� '?R:. , 34, W 9�' W L13:: 51..64' 2g' SPNIT� L19
iy SF DB ; a 85 tiA w .v •v XISTING SEMEN
ppTy Ae <�, t c3 £ S L1 E ER EA z10
q 3 ; �.>. W W SEW PG 205- µ o ss L20
C 8) Rp :. r PC i 9 p L18 p5 849 ss' 5
Ar
4 '�'q /o 3 3 s L21
Filed in JOHNSTON COUNTY, NC Ae 200 �9� SiQ si� jS1 4 ` .•y /W W W °
Filed 10130/2020 04:26:27 PM 8)A�/�Rp9p 2Sg3 EASEMENT AREA 3 W W
CRRIG OLIVE, Register of Deeds 2 CO S 17,649.80 SF / 0.405 AC �. A� \
s� M S • �, O 0j, .� y W WEN R� p,C •v .v v.
Dep/Rsst lneal AqN} 6�6� v�1pJ� �_6' yy�j�� W W W �SEM 5F I 9 4c •�• •v %�' •�• v w
PLAT B : 92 P : 112 SF 72 0�����Q��' g4 .�. .i.��v. W v./'
8S Q t� 4, w
GENERAL NOTES , `�� �,� 3' �'1 ' '_ ?' ��\�O� g DW W w W w/ " 404.3 1'16b W W W W S R E LV E E MENIT LLCC
1. THE PURPOSE OF THIS PLAT IS TO ILLUSTRATE A CONSERVATION ABBREVIATIONS }�, o L 1 /�„�ob W N83:13 E �- N T 1p 3js 4 y W W �Rt °* s 2414,
r a '
EASEMENT ON THE LAND OF DANIEL F KORNEGAY JR & PAULA S AC ACRES 4"'�� / .._.� .��89 C 515
KORNEGAY BEARING NC PIN: 262414-33-7734; HAVING A DEED AG ABOVE GROUND \ O r ' /c/ W� 206.59' ��v v .i. •v3
REFERENCE OF BOOK 4039 PAGE 385 RECORDED IN THE JOHNSTON Al ARC LENGTH \ �o * • ' y �%^ 1" IPF /. \ �, ,k 1* L22 L23
NOTARY CERTIFICATE
STATE OF VA
COUNTY OF
I CERTIFY THAT THE FOLLOWING PERSON(S) PERSONALLY APPEARED BEFORE ME THIS DAY,
EACH ACKNOWLEDGING TO ME THAT HE OR SHE VOLUNTARILY SIGNED THE FOREGOING
DOCUMENT FOR THE PURPOSE STATED THEREIN AND IN THE CAS
INDICATED: (L� KVf n(�'IJ�M a`
VICINITY MAP CERTIFICATION IS AFFIXED, MEETS ALL STATUTORY REQUIREMENTS DATE: 2020 °
FO RECORDING.
(NOT TO SCALE)
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m, ,�,,,,,,,,•„ ,,,_ L42 L1 MY COMMISSION EXPIRES:
N 19*43'52"E L5 L2
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5/8" IRS -'A RSS v,
COUNTY REGISTRY.
AXF
2. THIS PLAT HAS BEEN PREPARED WITHOUT THE BENEFIT OF A TITLE
BG
REPORT AND DOES NOT NECESSARILY SHOW ALL ENCUMBRANCES
CH
ON THE TITLE.
CD
3. THIS EASEMENT PLAT WAS PREPARED FOR THE SOLE PURPOSE OF
CMF
ILLUSTRATING AN EASEMENT. THIS IS NOT A FULL BOUNDARY
DB
SURVEY THE PROPERTY LINES SHOWN HEREON ARE COMPILED
EC
FROM RECORD INFORMATION.
EL
4. EASEMENT CORNERS ARE MARKED WITH 5/8" REBAR SET FLUSH WITH
ESMT
THE EXISTING GROUND.
FL
5. UNIT OF MEASUREMENT IS U.S. SURVEY FEET (FT).
INV
6. AREA(S) CALCULATED BY THE COORDINATE METHOD.
IPF
I, CALEB TROY CLAYTON, SR, DO HEREBY CERTIFY THAT THIS PLAT WAS DRAWN
IRF
UNDER MY SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY
LB
SUPERVISION USING THE REFERENCES SHOWN HEREON; THAT THE BOUNDARIES
N/F
NOT SURVEYED ARE CLEARLY INDICATED AS DRAWN FROM INFORMATION FOUND
PC
IN THE REFERENCES SHOWN HEREON; THAT THE RATIO OF PRECISION AS
PG
CALCULATED IS GREATER THAN 1:10,000+; THAT THIS PLAT IS A SURVEY OF
PL
ANOTHER CATEGORY, SUCH AS THE RECOMBINATION OF EXISTING PARCELS, A
R
COURT -ORDERED SURVEY, OR OTHER EXCEPTION TO THE DEFINITION OF
RCP
SUBDIVISION; THAT THIS MAP WAS PREPARED IN ACCORDANCE WITH G.S. 47-30 AS
RNV
AMENDED, WITNESS MY ORIGINAL SIGNATURE, REGISTRATION NUMBER AND SEAL
SF
THIS 27th DAY OF OCTOBER, A.D., 2020. ,111111111111
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CALEB TROY CLAYTON, R, NC REG. NO.: L-5306
AXLE FOUND \�
BELOW GROUND
CHORD BEARING
CHORD DISTANCE
CONCRETE MONUMENT FOUND
DEED BOOK
EASEMENT CORNER
EASEMENT LINE
EASEMENT
FLUSH WITH GROUND
INVERT
IRON PIPE FOUND
IRON REBAR FOUND
LAND BOOK
NOW OR FORMERLY
PLAT CABINET
PAGE
PROPERTY LINE
RADIUS
REINFORCED CONCRETE PIPE
RIGHT OF WAY
SQUARE FEET
TOP OF BANK
TYPICAL
WITH
SYMBOL LEGEND
O
PROPERTY CORNER FOUND
EASEMENT CORNER SET
0
COMPUTED PROPERTY CORNER
❑
CONCRETE MONUMENT FOUND
PROPERTY CORNER SET
LINE TABLE
LINE
BEARING
DISTANCE
L1
N89'25 19 W
189.22
L2
N2T02 27 W
73.47
L3
N69'01 18 E
252.09
L4
S29.40 23 E
116.85
L5
S09'36 31 W
77.87
L6
N64'02'26 W
88.65
L7
N34'59 13 W
294.23
L8
N44'50 24 W
262.09
L9
N44'50 24 W
30.43
L9
N35'34 15 E
205.19
L10
S37'00'45 E
284.37
L1 1
S57'09 00 E
212.96
L12
S69'01 18 W
255.01
L13
N44'50 24 W
46.17
L14
N46'09 54 W
48.04
L15
N39'23 02 E
203.04
L16
S45'37 23 E
80.52
L17
S35-34 24 W
204.86
L18
N60'48 59 W
101.83
L19
N66'21 01 W
45.91
L20
N47'27 10 W
46.12
L21
N69'53 17 W
399.16
LINE TABLE
LINE
BEARING
DISTANCE
L22
N64'36 43 W
237.13
L 72 T
S58'03 09 W
51.44
L2_ _4
N78'58 01
96.39
L25
SB5'29 57 W
95.57
L26
N16'30 16 E
224.82
L27
N39'23 16 E
88.35
L28
N55'51 26 E
174.16
L29
S56.06 06 E
88.84
L30
S61'49 59 W
201.65
L31
S8529 57 W
44.10
L32
N16'47 21 E
113.65
1_33
N33-19 11 E
140.15
L38
S56'04 55 E
60.14
L39
N33'30 51 E
10.11
L40
S43'25 10 E
269.92
L41
S1T01 56 E
107.83
L42
N89'25 19 W
214.11
(0.3 BG) s
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KORNEGAY, DANIEL F JR :X
liRNE..AN", PAU:.A
4R
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DB 4039 PC 385
t 'IG „t 276.28'
FLOOD CERTIFICATION
B -7 IG i 79
UPON EXAMINATION OF FLOOD INSURANCE
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AL=142.48'
RATE MAP, PANEL NUMBER 2624 OF COMMUNITY
COUNTY),
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0
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5/8" IPS
(TYP)
CB=N22'45'54"E
NUMBER 370505 (JOHNSTON
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BEARING MAP # 3720262400K, REVISED DATED
,4.
OF JUNE 20, 2018; THE SUBJECT PROPERTY LIES
IN ZONES "X", AND "AE".
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DITCH CENTERLINE fr. °, 3/4" IPF F 3 ^Jry
(0.25' AG) �¢9
NEW EASEMENT LINE 6'
EXISTING EASEMENT LINE 1-1/2"IPF
r' (0.3 BG)
STORM LINE
TOP OF CREEK BANK
t 0 100 200 400
r r v r r v r CONSERVATION EASEMENT
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REVISIONS
DESIGNED BY: N/A
DRAWN BY: AY
CHECKED BY: CTC Sr
SCALE: 1 " = 200'
DATE:10/27/2020
PROJECT NUMBER:
19080289-010507
1 OF 1

From: Jason Lorch
To: Andrea Eckardt; Kaitivn Hoaarth
Subject: FW: Moccasin MY2 Review
Date: Thursday, April 20, 2023 3:31:49 PM
Attachments: imaae001.ona
Jason Lorch, GISP I Senior Environmental Scientist
0: 919.851.9986 x107 M: 919.413.1214
Wildlands Engineering, Inc.
312 West Millbrook Road, Suite 225
Raleigh, NC 27609
From: Hartshorn, Blake <[e-mail]>
Sent: Thursday, April 20, 2023 3:24 PM
To: Jason Lorch <[e-mail]>
Cc: Merritt, Katie <[e-mail]>
Subject: Moccasin MY2 Review
Good afternoon Jason,
DWR has reviewed the Year 2 Monitoring Report for the Moccasin Creek Mitigation Site and have
the following comments:
1. Vigor Data is missing for the vegetation plots. Please make sure vigor data is included in
future monitoring reports. It is acceptable to include the average vigor per plot rather
than the vigor for each stem.
2. When comparing the vegetation data from year 1 to year 2, there are many stems that
exhibit much shorter height data that the previous year. Are there any factors that could
be contributing to the shorter heights? None were mentioned in the report.
3. An encroachment with a disturbance area of .12 acres was noted in Section 2.4 along UT1
along with adaptive management actions. While DWR appreciates the quick action taken
by the Sponsor to address and remediate the encroachment, there were no supportive
figures, photos, or letters proving these actions were taken.
a. Please provide pictures of the encroachment area, showing the newly planted
trees (use bright flagging on stems so they can be identified in the photos).
b. Depict the location of the encroachment in either Figure 3 or 4.
c. Include a table of the planted tree species used to plant the encroachment
area
d. Please provide the correspondence that was sent to the Town of Pine Level on
December 9th, 2022 as DWR needs to be notified on any encroachment issues.
Thank you for your attention to these comments. Please provide an adequate response to all items

above along with supporting documents where required. Considering the response provided is
adequate to address the comment/s above, this monitoring report will be approved. Confirmation
of bond renewal through next year's monitoring will be required prior to the issuance of a credit
release if that has not already been provided.
Thank you,
Blake Hartshorn (he/him)
Mitigation Specialist, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]
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