20090133 Ver 3_Emails_20151023 (2)

Burdette, Jennifer a
From: Yates, Kevin <yates @mcadamsco.com>
Sent: Friday, October 23, 2015 9:02 AM
To: Burdette, Jennifer a
Cc: 'Alsmeyer, Eric C SAW'
Subject: FW: BethPage IP - Recorded Conservation Declaration exhibit
Attachments: ACOE's - Conservation Declaration (Recorded 6.18.2010).pdf; 2012 -11 -08 Revised -
BethPage Overall Preservation Area Map.pdf, 2014 -04 -22 BethPage Overall Impact
Map.pdf, RE: Conservation Easement - BethPage - CWMTF Stream Project
(UNCLASSIFIED)
Hey Jennifer,
Per the below we had an issue come up with the owners and our original recorded conservation declaration vs. current site
plan this week. Trust me, we would have done this during one of the other mods, but just found out about it this week,
and we are going to need to request to swap out impact areas. There will be a net decrease in wetland impacts vs. what
was permitted, but will be a lot easier to sit down with you to go over the mapping, Conservation Declaration, etc.
We met with Eric yesterday to walk him through everything, its somewhat of an emergency on our end, and would like to
see if you are available to meet for 30 minutes if possible over the next few days?
Thanks!
Kevin
From: Yates, Kevin
Sent: Wednesday, October 21, 2015 5:21 PM
To: 'Alsmeyer, Eric C SAW'
Subject: BethPage - Recorded Conservation Declaration exhibit
Hey Eric,
After our meeting yesterday, this issue came up with the owners and our project manager for BethPage, now that we are
beginning to survey the stream and finalize the easement through this section.
We recorded the original conservation declaration based on original site plan back in June 2010, there have been multiple
iterations of the site plan, permit modifications etc. Per the correspondence with Carl Pruitt (the Corps attorney) there is
leadway to re- record the preservation easement map based on the final site plan, stream restoration projects, etc. When
looking over this we have had a layer error in our maps from the beginning and would really like to sit down and go over
this with you. Its somewhat of an emergency on our end but can get through it with some guidance from you. Do you
have 30 minutes to meet and discuss sometime over the next few days?
Thanks,
Kevin
Kevin Yates
Senior Environmental Consultant
Project Manager
Water Resources & Infrastructure
Office: 919- 361 -5000
Direct: 919- 287 -0895
Mobile: [phone]

McAdamsCo.com
..sos�F .... .... ....... ...00uo,....„. .. m .... ........ .F.... o. ....m...........
Designing Tomorrow's Infrastructure & Communities

r
0
046
C
S"I"ATE 011' NORTH CAROL.I.NA
lluizx,am COUNTV
2010018290
FOR REGISTRATION REGISTER OF DEEDS
Willie L. Covington
DURHAM C
2010 JUN 19 12:26:55 PM
BK:6500 PG:993-1004 FEEP$44,00
CYO >�
�-3o<D
G q�e��_Sg4D
CONSERVATION DECLARA'riON
Tliis DECLARA'riON of CONSERVATION COVENAN"rS, CONDITIONS, mid
RESTRIC111ONS -CCem,�ati�c��rv�r- Decktralloill is f1��d� o�� this da� of
2Q0 bv ALFC-Pture" Road, LLC r�irrl BethPaire Acaui.�Worl- Partners, LLC
REcr'rALS & CONSE.RVATION PuRi>osEs
A. Declarant is the le owner in fee simple of the cep tarn Comervation
Prop j --t y (11rop e ill i n g � pp i-ox imatc] 42.61. T sad es, more partic u 1 arl y d escri bed i n
"Exhibit — P i-es rvation Ai-,ccq Map" attached hereto alid by this r 1-" ren i11cor pol4at 1
hel-'ein; eand
B• The put o fl-iis i n Declaration i s to m ai n tra i ti wedan
n(i x- ri a r i m resourms and thee- natural l uos of the ropert , and preveiit the use f
Ll ] 111011 t f x:110 Property foj- ce �� purpose i+ i II ally 111 i nor that ou l d C011fl i ct With
[lie maintenian f the Property in its natural uditi # rI�`�� preservrat"oll ` ���� Property
hi its naturi -il condition is a midition l` Department of lbe Army permit I
2006-32645 issued by the Wi lmi ii i n District Corp Engineers C x•p , required to
mifi Oat For U nav idabl impacts to wa to of the n 'It d St -rtes authorized by (hat permit)
and this oniserva i n Declaration may thei--el.-"ore be enforced by the Uilited States of
mcricy.,
W' THE,4 EFORE. the larei n 110)"Cby LKI r1 liti WIll wid ideclar that
the Y'roperty sheall be held and SUbject to 1he followij)g restilictioll'S', Covell '(,III ts, alld
l)(11,6011 -(IS SO r.It 11 1wC.m. to vull With the ubject rice] property and be binding on all
partles- that Nive 01. Shall have an i -,i ht, title, orkitet-est hi said ptoperty.
Alt "fLCLE L PROFEf1311'1'sD AND RE".'STRICTED AC7'IVCPIGS
Any -c-ictivity on, or Lf.S0 Of, tile pi-operty incollsistoilt with the pul"poses of this
Conservation Declaration is rolli lei t * "T ~lie Property hall be mac hitained in its matur -ei 1,
scenic) and Open 001161 i boll wails restricted rcom vy development or use that would impair
rxh) h� B f
t
0
ri
0
0
i
i

t
0
L
d.
wM nit rf re with tine conservafion purposes., or tI)I's Coaservation Dcchnrzition set forth
above.
Without filmiting the hell I it of the forecyoiiig, the folloNvina ;ruid arse. are
exIn-cssly prohibited or restricted.
A. DiStUrNnee of Natural FeatUi-es. My change
impairITICIlt Of t1le niit nql features of the r p rt or any
Plants eand/oraninial spect'cs is prohibited.
di-sturbance, alt ]citi Ll 01'
introduction of non-nati-ve
B. Contstruction., There shall be no n tructin or placing of any bUilding,
niobfle lionie plia I L r on r t 1 meat, billboard r tber di �l , 1
atenna, utility pole, tower, condul*t, 1111e, icier', kindilig, dock or any offer temporary or
permanctiL structure or raci'lity on or fa o e the Property"b
C.
Industrial. mm r- i l
and
lei dent l U-se. Industrial, residential
and /or
nimer ial
a ti iLi * includin g any
right
of passage f01-
PLII-I)OSGS" 'M'
r
habit Cd,
D, A )Horticultural i t ; l ,� i ��i� i r I # 0
husNindry, -Cwd horfI'C.LIItLII'-IcI use of the Property itire prohibited.
B-4. Ve�_Lctafion. "'I'here shall be no removal val x Wrllillg, (I is U6 11, harming,
cutting or niowing ortrees, shrul)s%, i- other v t -ition on the Property.
FIF
Lads a nd Tra i I s . Tli ere sh a I I be ri o mistructi o o o f roads, tra i I S o r wa I k ways
Oil tile III-Operly.
G. Signmkq, No sips sball be permitted on or o + r the Proputy, except the
posting of rio tresp ass i n i gns, s igns id c n ti fy inn th c conse rvadon va 0r th C P rope rat ,
Sign's giving diroct*1011S 01' IN-0sc I bIlI i-Lde -s and regLflatiOJIS for tile use of the Property
1) d / 11ilCy'l i) .:lie G r(11)toV a S 0 W11CV 0 f 11) C pr opey t .
H. Dummil„V t Dumping r storage offi i tjet i1 ci he , garb-age, 1
waste � abandoned veMeles IMICCS � 111CI 11 i 11cr ' or hnardous substances � r toxic Or
.., r� . waste,, ar� zm placement o un r around or aboveground torn tanks or tfi it
materials on the r op r ty 'I's prohibited.
I.
Excavation., Drell gp., or M i jieral Use. There shall be no (yi -a illy, filling,
excavation, dredging, mi Rai rig oi! driffing; no remov l- of topsoil, nd, gravel, rock, peat,
min r-ix i s or other nuit t h a n n o li call e i li the toj)ogr ph of tl� kind in n n runner
on the rp r t, pt to res"tore nat Urtoi l t d �r a ley r drainage patterns.
I Mltel" OLMlity and Draitia Pat(crn. There shall be iio dildlig, draining,
dredi,Y1,11g, lianii Ping, fill-Ing, levelit , puniping, inipoundim or r l tcd acti-vifieS, or
i� itil �alt rin Off laIIII I � t r control structures on devices, r diSrUP6011 01' 111e['4011
p
t
l
r
{
J
MP

t
a
the �� t rF � 1111atl (I r reate(l driakiaue patterns. In (litioji, i rtin r� aUS111
,of or permi tti zicy the diNTI-Si011 r Ur r rt ti ri &I-01-0 ri d eater} 111 toy within r out o the
easement rea by -ai)y means, ren.io \lla1 of wetlands, polluting or discharginix hito waters,
prin t seeps, or ivefl nds, or use 1)esticidc or biocides is rohi' it d.
K. DeveloomeiA RiWits. NO developilicM right that have beers encumbered or
extinguished by this Conservation i l r tion slialt be transferred purstiant to
trans fe -able (level op . ii t riglits Scheme or clLister devellopmeM arrange emit 011
otherwiso.
Vehicles. The-
operatioii
or mccliaiiized vehicles,
iiieludincy but not 11 ni it �t
to,, moto r l c;, djr( bikes,
all - ter }rash
Nrehicles, cars ocinci trucks
is prohibited.
M. Oflic r Prohibitions. Any other use of-, or activity ors, the Property wliicli is r
mziy become inconsi4steiii i th the li u rposes of tb i -s; (�zrant, the pre-savation of til e r F er t
UI )Stanti i I ill its ilatilroal Condition, or the protectio)) of its j.ronj)j i1U11 t n) lk 1:S
Prollibited.
r
RTICI.fF'j I I. I N 1 4*0 1 tC Al rc, N T & R EjMFADI E S
A - This Deckar-citioji is i Medic 1 to nsur nfi n ued coiiiphallce witli the
miti r tion con itim Of RLIthorizations issued by the nit -Stsat of America, U.S. Army
Corps of n irl t-' , Wilmingtoll Distri'ct� -xild thordore niay be enforced by the United
States of Aiiiericat This nant is to r ull with Lbe lawl rr hall be bfi)dikigy on all
lxia -tics ii rid all p m -sotis clainling and r the Declarant.
B. Corps its elliployees 10r)(l mint M its fficiml assigns, have t1l
r-i glit, with reasonable notice, t n ter the Rio p r ty at re-asonable times ror ffic purpo,�-
ilispectilig the Propeily to (leterniiiie whether the lariant, Declarmit's rep resent-a Lives ,
or assigns are o ai p l i n g w i tli the terms, ms, rid i ti ii ati . restrictions of the oti r va boll
Declaratiol).
C. Notliing G 11tai lle(I hi this nser vation Dcclaration sliall be coil trued to
ewifle Coips to bring any action air 'ii t Declarant for ajiy iiijury or chwige iii the
COMSCI-Vaf1011 PI&OIX11Y C-rhised- b flih-d parGes resultiwu fi-om causes beyoml the
Y 1 C
Declartant's titr 1, ilicItidilig, Without Ifillitntioll, fire, flood, Storm, arid ear tli move nem,
or from aiiy pruftit acdoii taken hi good faith by the Decteciraiit tinder emergency
Conditions to r event, aba t , or inicigatc significant injury to life, 1 ma to I rojxr ;t or
Ila)"Ill [0 t11C PI-OlMly MSUltilIg 5-0111 SUCII MSeSl-
AR`I'ICLG 111. PUBLIC ACCESS
3
s
1
i
t
r
r
4

n
n
U
A. This
Con ration
Declariition does not mivey to the public the right to
t l the r- p rt
Fill'
-Ill pl-pose
whatsoever.
ARTICLE IV. DOCUMENTATION AND '11114F,
A. -Conscrvafion 13i-o I
I V.4b- I ,pertv Cond"fion. The Declarant repi-mesents -and
nknowlcdges that the ropert 'is currently undeveloped h with ii o improvements.
other than an x tiri Uti'lity lines, Dccla ��id rights of way.
0
'tle. The Dechirant Covenants and rei)r esunis that [lie De l ira nt is the
sole owner Land i's sci zcd of the roil r+t in r simple n has 1 ri lit to 11111ke the
hereiii D that there is legal farcess to the roperty, that di Property is free, (ind
clear of any and it l 1 oil cu till) rances, except Dcclarations recur l
ARTICLE V. MISCELLANEOUS
A, �Qoflscrvafion ply:jvse.
Declocirant, for i1seff, i mccssor d assigns, agr that his
Coiisci-vtidoii Projm*Iy slier l l be held For coiisery -m61011 Pur-P S .
B. Entire A This instrtiment sets forth the mi re agrecnicilt of the
parties with r l t t the Decl-Crtration and L1P rSCd ill prior discussiotis,
n ty ti eiti n , un cim t.,ind i ii r- agreements r l r►fi n, to the ns r li n Declamt-101), ff
atiy provision is found to invalid, the rem- minder of provisions of this Conservation
Declaration, and tile a ppl w,1 1011 Of SLICII provision to rson or ch-cumstances other fli-azi
t1iosc as to hich it is fomid to bei'iivalid, %Kalf not be affected th r e ,
lkgovding. D 1 renit shill r- rt(l this instrument ancl ail amendment
hereto Mn timely fiashion ire (lie official records f Din-ham County, Not-th Carolina,
aii d m ay re- reco rd it at are y tune as m ay be I-Cq U i ried to Pr' serve Its rii 811ts.
P
D. Rovii-onme-jital Condition of Cmiservatioii Propei-tv. TI) Dechirant
warrants and represent thilt t (lie best of its knowle(Ige a appropriate inquiry and
investigatioll: (a) die Property described herein i nd at all times hereafter will C011011LIC
Lo be in full coji-ipflance N ith all redv'r,111 state and local cnvironn-tentifl le and
ri ul at '10115, and as of the (late h r, there are iio haziar l ors materials, substances,
wastes, or environmentally regulated tr tmi incki ing, wi tli ut limiLall'011, are
r
materials contaimlig asbestos) located o n, in oar Lmd r the PrOlMly OF Used iii conticction
therewith, an(t that there is no nvironmental condition existing on the rolm -t that may
prohibit or impede use of the r• ert ' for the piti-posesset Corth iri the i talc.
4
i
i
1
i
1
k
c
L
M
w
I
1
t
6
71

IN Wf S WHEREOF, Deck-ii-ant lit-is hercunto hereunto set his hand and sn, (lie day and
Year fihst above Written.
I�
�V:C -Pfige Road, LI..0 by: QX05 lar)A
c�-- � —�BY` QxV5\O*rE)a
�w WW
�ifl�G' C71 I VL}1 �II .ell U[TLTii i�'���,
4W -
011 t1 t F "
Oil this of 0 VD. bc f re m
Undersigned ice'r, Pei son -call appeared DEW,.. �� � � ����� � � ��� �
bc the M mb r- are Eger of the above nanwd Limited Liability Company,
acknowledged dLrt1 r1 thereon for the uses and purposes there-in set rorth.
I n WITNESS WH El R 0 F I ha vl•'• h erc u n to Set my him d a d ofiicital seiil.
Pof
�IKLIJ-�W-119 3EM�
My W i
EXPIRES: May i
to ,o Thru Noixy ptglc UMewiters
(S E A L)
notary Public
My Commission E 2jo 1
p I I%C.q
5
a
12
t,

L_
n
k
AEOF, Dechuant I� fiercunto set h' � d nd �I T H � the clay an
Ye,RY fIFSt above witten.
Beffillaac Acquisi
rs�
n 111,rcirtners, LLC by
State off} pith Carolina
Clounty of Duril"1111
r ..r
�� !� 20/o �i �� �� O it th i
epkinown pdsonaify to m to
undersigned oAicer, 1) c rsk o n a y 1) 1) c ii red (wf6g 011,
ul Y to
be the Member-Mintiger of" the above Atm Limi'ted Liability Comp an , and
acknowledged the u ti n th rCd fOl' h Uses, and porposes t her �� sit f ��t lid
In WITNESS W1 -ILRQF i hercunto set my hand and afficlh3l seal.
d
I
(sLni.)
JL
#,
OMAU COQ NOM
w /I y Commission T:4.xpircs
ro
L_
duoL
c

E
f
r
■i t kKF t
r +
1 � I r r# r1
1 'yt i•!
% << 1
�a
+i
00-
a�a 4v
d j
Pi
Opp
All
...J
Y i
L- - :. —,�
f
5HEET C-2
r
4
t
A YE
Y +
w F '
EXHIBIT
Apt
k i a�
pop
to-$.
f
to-$. �;
SHEET — r•
4 I 'if
_ b
—
P-1—
T— :pis o
r4 p
t, `f " 4b /
a. 41
q
1 Ld
y •�� r
L
:.
ifif—ol 4r .
dF
til
1
4 r r ■
• t�l #ice +� + r
P. 4 #
1
�.�� IF
�, f� p
1
T Y
Ii�q ?ter 6
ki
11.
iJ i;
I=� r
I r�
20000 & 110 Jjj�
�
r I't1 it 4
4 +
q Y
tJ r
L r
f'' y ,�, ,� 1 E
— iJF �F .� — i� area a— � — � !F •W �� —t T �F � � � ' y } �
s 1t 1 ..��
APO x '' � a ■
,or It lb .00" �.el - N 14 0
HEE C— lop
Q
u
p
AREA TO EX CX04ATED
IATI 1+fT
(42J61 ACJ
1 E14kmw ' POTLANM IN
PRV51!RVA7TloON
O
d t._ .. ,� REMAIMM49 STREAM fW PRIME ATWIN
-7.1142 ),fie* JWWJ-U TTEW r 15TPZW -
V6MEL
4.125 LP OF P8ZISMIAL STREAM
IwlAIr+NEL
Jiiii—Ta—�atE IN ■ RE:5I!R T AT
42-21 A+4,,1 OF MUSE #SIR
5TR
'I) f or1
r
GRAPHIC 1E:
1 Inch w 600 IL
Od
C) 0=
tz
}
IP
t
i
•
M ARA MS
0
0
• -r � r f •�,1! -. r••, -.• � �a •. � _.. ri —a•.. .... W.•. .. .r _n .r lip. •r � _ ,.a •
§
I
i
Coo
Q
M ARA MS
0
0
• -r � r f •�,1! -. r••, -.• � �a •. � _.. ri —a•.. .... W.•. .. .r _n .r lip. •r � _ ,.a •

f
-lip
t
1
1
�E
i
1
�i
i
11
1
1
i
L
E I T I CIO WkNITARY SEWER
1
1
a
1
14
* 3•rf+'r SHAVED AI D+ Ih I+ ATE j
S
EX15TINO 14ETLAND5
dr-
J94 z L 411
J {I i' '
% 1 a
lip i�+..r a 4•+�
0
1
1
y +�r�
1 t
t
■
I k ry
i F s � ■ i
a a 1 r M a
MATCHLINE SEE SHEIET
SHEET C, -
FEXIISTINO FLQOpWAY1
Y
I_ «TII F- L[ ODPL -AIN
all
F
EXHIBIT
PRESERVATION AREA MAP
PRX;;P0!5EQ SANITARY
HER AND
i
GRAPHIC ALE
0 ISO w
I 1 f .08
F_
5n P(XgE R
SEMENT
. .,,
i
AREA TO M VEPI ATaD
ERVAtiTI +1 E C N'T
TOTAL AREA w ;A�55W.5F
REMAIN1140 PC= L, IN
PFM—SER VA'T1 X14
5,20 AG. RI FARALAN NEI LAWS
0.20 AC,. WON+iETLAW5
'I.M42 L,F +IMF _1NTE f TTENT 5Tl M
C#lEL
qr -7,75 LF OF PDZENNIAL STREAM
C-L
REMA ININ& STREAM M BUFFER
riq FVE6ERVAT1CW
42.21 AG. OF RIVOR
SOH rEP!S
rr-
j__4
zt
1�1 i 1 jtq i
pqmipw
y
i
r
r
A
rid 0— M
f
mi
3
R
m
CA
tL
rid 0— M
f
mi

13
P a .-Z
.4 lid)"
.. r
41 E� ERT L `
' PRESERVATION
t t r
X
I r r!
�r
y
r _
FROF05ED ROAD
CI5
AREA TO rtICAT
(Typj
Li
Ei
mm
L .-P AREA TO 09 0F.0I Tf!V
f4;2.&I AC)
r `t i I
I L TZEMAININ& PETL-W5ICI
M 1 _ REMA134INS f7TREAH IN FRMCFWATIOM
_ L 'NFL-
111 L C4W�
I I I rj it r
- ------ _ - - - - -- R�I�lII 5711 El#FFEF�
I IN 7I
Ls
W f Z
0 0
*w* I —
I I � I• �
A W1. t
�r��_ +=.•.___..�.__�- ��s�.� � I +-+tom �ti
���+ i
a I1' r i F l i p 1
r ,
-
r
olo
r Of I
Li
GRAPHIC SCALE
150 900 6
53HEET
El
I 'Inch = 300 CL
i
cif
CD
artc-An ms
4
0

L
9
0
1
l
1
1
1
ti
f
r
r
0
UL
MAT HL NE - SCE 5 "E ET -2
# �y I # f II w II II II 1
I CARY, W,, 215157
20HINSN PM 4,003 / IL
pr
i 3
1�
r I� �► %
xr
.r
- Ti PROPERTIES ltd+ �r
ZONNS. IL(p)
b5iiiiiii Ai
11 jrL
Orr- I
52
4 � - PROP05ED ROAD �
(
r
f hi �� %1 1 k I
ri�
�-
10
SHEET -4
�XF )AGE Ai5 -'pl Tk:>N
PAI2VWF92K f f
All or
aw
L t
z
EXHIBIT A-
PRESERVAnON AREA MAP
H^TC EV AREAS P.ENOTE
ARJEA TO 5E DW16ATED
AREA TO BE CrED16AT9C)
P'RL25 F NT _.
TOTAL AREA a 1 465,l(4i )
0,20 A6. NOU-PiMANVS
I "i: L t` t I NTE
Rh1T
TEM Y -92TI
�L
CHANNEL
A I
,,CANS ST Am
4:Jii.�J AC. OF NEU6e RIVER
STREAM kWFF ERS 1
PHI SCALE 7-
d 300 600
I inch — 300 ft.
b
D a
1 Y . F a
W a a w ro W Z 1
yy�.4
JU
0 � t M 0 ox
i
M
r
Z M
M cADAd
r

n
a
't
r�
t+
H
r r�
r
� 4
� ' I
L
ti tt 4 y
ALK—PASE ROAD LLr— %16
4 y
�L y
i
ATCHU — SEE 6WET 6-5 ,.
pp
�* 4 1 4 1 f t J i 1 # 1 1 1 r
_ PRESERVATION AREA MAP rrR`,M M. 21501 LAIMP VACANT WeN R AL f ; r r�
zc"R451 FCR 4.75 .........
k 1
�r
- 11
F y+t
ff 4+ Iwo.
Zp
L
k+ fJ(6R05LoN4P PARE L
''ED AREAS I
% 79ATcHED ARZAS 1+E TE -- - - E I :7Tih 4 6E 1
• AREA TO BE DF-D .T ' PJ
tr-rp � ! r
PP051? ROAD
t E l DENT I L III
15e) UtjlTs BET om' A4OUISITION w
PTRp, LL6 +1
LU rrm-ppomwiFs
J
� 1
!PIN.
�-. x.RI F'R71 Its -
45094 Cz"MMOR � 7 SAM 110 1
YL DUMJA?4, N:, 2T7OZ K
LAFV LWk VAC-AW WCKSTPJAL i
ZCH NOi 14-0 1 '
ACRZAZEi 65.46 ����-'�„ � �r
OFHGE if err 4 162�= 6P N
rr�
ate.
LA
I E ISTINS MITAR'f 55NOZ
i
+ `
Li
r ■�
�-A 11
jj
AREA TO SE 12110r6ATEV
PRE5ERVATION E EI-04T
' 13
/ 111 r
P, t- INT-P-WITTaw 5TROR-
CRANNeL
�1 'e � r r -T
�0FF I IaIN} ? - - if � I I I STREAM �
e.-t� 1. ROAD, L. �' � ' `
75000 5F CPO9LAfta!LAKP IA N ,� �� r 1 � r
# �'�'. 1 1ST
# - I I
+ 1 ZON *+%c CASO) * rr I { 1
(05LAO P.EL)
� �A
SHEET -
J 1 i l i
)inch= 300 f L
1-4 w * Y�1
.,; Jr
i Ciz
(A L
g
.06
i
y
r
f
LD
�
I!
01
r
f

&&4q4
MW***
6 —pal 6
bea4pV�
V lq
t
ob
REGISTER OF DEEDS, DURHAM COUNTY
DURHAM COUNTY COURTHOUSE
200 E. MAIN STREET
DURHAM, NC 27701
PLEASE RETAIN YELLOW TRAILER PAGE
It is part of recorded document, and must be submitted with original for re- recording
and /or cancellation.
Filed For Registration:
Book. 10
Document No.:
1 11 •1
RE 6500 Page: 993-1004
DECL 12 PGS $44.00
SHARON M CEARNEL

SHEET G-2 mo
L__ It
------------
Iii
U
EXHIBIT A m
! r N
PRESERVATION AREA MAP
1-2 L)
0
J,
W zzg
E_
L tu
u
uj -7 y
Y,9�,Q' 7
z
y
--- --- ALFC-PAeE ROAD, SHEET G-5
_j
(CRO5LAND PARCEL)
Z
T--
r
POND
z
lilt
Po
­-
f 7 o , I
INE
-2
HLINE SHEET G SHEET 0-3
--- ------------ f-R-A-TCHLINE SHEET C-5
MATCHLINE SHEET 0-4 a4 0
-------------
I .
V,
IF—
................... 0
Ill •1 1 // I I N " " .......... L
...................... .. CLEAN HATER MANAGEMENT
7
I it RESIDENTIAL EASEMENT
fir' 1&0 UNITS L TWZ WA= -n2 5F
ze P 5%,
JALFC-PAGE ROAD, LLCI (15.71 AC)
I (CROSLAND PARCEL)
A' SHEET G-4 BETHPA(9E AC&151 AREA TO 13E DEDICATE
PARTNERS, LLC
Ov PRESERVATION EASEMENT 11 (TRI-PROPERTIE-5
ly
PARCEL) TOTAL AREA 1,25q-:320 5F
_j
LJ -------- •
RESIDENTIAL RESIDENTIAL ------ ::--7 (26AI ACJ
150 UNITS ------------
160 UNITS -F
REMAINING WETLANDS IN
It SHE
PRESERVATION
-4v 5.20 AG, RIPARAI^N HETLAN125
0.20 AC. NON - WETLANDS
M�E A ,
T 15 11 Q
��j 3 BE 111v 0
N
PARTNERS, LLC, c? 1 11 . (1, 0 REMAINING STREAM IN PRESERVATION
L OFFICE I , ", - - E,� - 1,9[42 LF OF INTERMITTENT STREAM
i LY -i
(TRI-PROPE _S
RTIE 20iOOO 5F I CHANNEL
PARCEL) i
&Mq LF OF PERENNIAL STREAM
7� CHANNEL
Q 1 A.,; /it
U
�v
OFFI -PAY
PAE ROAD, LL " -; �­ 4, 7:j
ALFG 3: Coll
-15000 C� C:)
(CR05LAND PARCEL) /-o
w OFFICE
L— 1 t_ 15,000 5F [if :5 II N
a- LLJ
r4 <
----------- 0)
-------------- 4- - Lj 0
GRAPHIC SCALE
600 0 300 600 1200 x
zo
'7 r.3 1 inch 600 ft.
SHE G-1 'iliMeADAMS

Was 00
iiiiiiiii'lli — 111�� -
T0.22 MKI-M -�,% It
101dr/ NIS/,
J10,019
A N
FM
sow ov-
TO PIMP -
ggj
7211
Ak
iml
I AR, AON & 1-51"401 Ski
Nq
,�,�WMJAIAPU A lit.
S- -
hill ft-, ti -gNg- -
",1 1 - 1
U19
3t
kkb�; WO 911/f/im
ko*
vM;
mmw tom
L
w, VP 1p 10� 1t
F&A
mo 1 SAO' -Nal
.11ki x z,
gm,
NOR
OR
WRA m
7x;, �w p", AM=
y
k
44 k" —MM
WE
'V4fl
fil
(IF
A
Mm . • I d' I
'4 -7 \ , v I
77 A;
r
W'S,
N
\ Vk N x
""'AUff J L H — IM
A
i► AO P
1 �,,��,��;.;� _�`-; —s ^, � .f�`` ��11 1111 �. ..'. ��.`���::• � --=��:
Via
_VF-w w
top 4.132.
1p
X, 4 - -
�5 aim s_- it
lo
Vm
fill . 7, Ifirr I
"W
---7-wz
p; INS 11-ROMMOW-1110
V,
000j

Burdette, Jennifer a
From:
Sent:
To:
Cc:
Subject:
Attachments:
Classification: UNCLASSIFIED
Caveats: NONE
Kevin,
Pruitt, Carl E SAW <Carl.E.Pruitt @usace.army.mil>
Friday, November 09, 2012 10:12 AM
Yates, Kevin
Clark, Amos; Alsmeyer, Eric C SAW
RE: Conservation Easement - BethPage - CWMTF Stream Project (UNCLASSIFIED)
Amended Conservation Easement.docx
I have revised the original Conservation Declaration (CD) to deal with our current issue. At the same time, I have made
some revisions that make the document clearer (for example including the source deed book and page), and to clarify that
remedial work that must be done to maintain on -site stream restoration mitigation is not prohibited.
Please note that, because the original CD identified two owners, I put in a paragraph to explain why the Amended CD
only has one. (See Paragraph D. under Recitals & Conservation Purposes) Please have that information supplied by
someone familiar with the parties' history.
I have also revised Paragraph E. under Recitals & Conservation Purposes a little to better match the exhibit. I went into
more detail to identify the described property so that it matches what is referenced in the exhibit.
On the Exhibit, Please revise "Area to be dedicated preservation easement" to state "Area to be dedicated for
preservation ".
In regards to the letter from the Corps that will be attached as Exhibit A, please note that we are modifying the permit to
accommodate this change. However, there will be a condition that requires that the 13.7 acres be placed under a CD in
the event that the stream restoration project does not get completed, and no easement is recorded. We will probably put a
reasonable time limit on that. Our purpose is to ensure that this property is protected one way or another.
Please review this document, and let me know if you have any issues. Please pay special attention to verify that I have the
correct deed book references. I got that reference from the Proposed Option.
Thanks
Carl E. Pruitt
Assistant District Counsel
Wilmington District
(910)251 -4436
This email may contain attorney -client privileged information or attorney work product. Do not release to third parties
without approval.
- - - -- Original Message---- -
From: Yates, Kevin [mailto:[e-mail]]
Sent: Thursday, November 08, 2012 4:26 PM
To: Pruitt, Carl E SAW
Cc: Clark, Amos

Subject: RE: Conservation Easement - BethPage - CWMTF Stream Project (UNCLASSIFIED)
Carl,
Thanks again for speaking with us and helping resolve the easement issues. Attached are the revised Overall Preservation
Area Map and Inset Map of the area, with the CWMTF portion of the easement noted and taken out. Let me know if you
want us to revise or edit.
Thanks,
Kevin
- - - -- Original Message---- -
From: Yates, Kevin
Sent: Wednesday, November 07, 2012 8:58 AM
To: 'Pruitt, Carl E SAW'
Cc: Clark, Amos
Subject: RE: Conservation Easement - BethPage - CWMTF Stream Project (UNCLASSIFIED)
Carl,
Per our conversation yesterday, attached are colored exhibits depicting the Clean Water Management Trust Fund
easement vs. the remaining preserved buffer areas. Call you in a few minutes.
Kevin
- - - -- Original Message---- -
From: Pruitt, Carl E SAW [mailto:Carl.E.Pruitt @ usace.army.mil]
Sent: Monday, November 05, 2012 3:39 PM
To: Yates, Kevin
Cc: Alsmeyer, Eric C SAW; Gibby, Jean B SAW
Subject: RE: Conservation Easement - BethPage - CWMTF Stream Project (UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats: NONE
Mr. Yates,
I have been looking at the stuff that Eric Alsmeyer provided me. I am going to need to talk to somebody in depth about
where the subject property is in relation to the property identified in the recorded conservation easement; who the parties
are; and what the end result is intended to be. I think we can get this done, but there appear to be several moving parts
with which to deal. I want to make sure that our resolution does not make this more problematic. Looking at the email
chain, I thought that you may be the one to start with. Can you please contact me sometime this week at your
convenience at the number below.
Thank you.
Carl E. Pruitt
Assistant District Counsel
Wilmington District
(910)251 -4436
This email may contain attorney -client privileged information or attorney work product. Do not release to third parties
without approval.

- - - -- Original Message---- -
From: Alsmeyer, Eric C SAW
Sent: Monday, October 29, 2012 10:30 AM
To: Pruitt, Carl E SAW
Cc: Gibby, Jean B SAW
Subject: FW: Conservation Easement - BethPage - CWMTF Stream Project (UNCLASSIFIED)
Importance: High
Classification: UNCLASSIFIED
Caveats: NONE
Carl: I issued an SP for Bethpage Mixed Use Dev. In Durham (Kevin Yates /EcoEngineering is the consultant) in 2010,
and it required a standard Conservation Declaration (att. ACOE's Conservation Declaration ...) for the preserved streams
and wetlands, and the on -site stream restoration mitigation. However, I have also subsequently (2011) verified a NWP 27
(att. 4437_OOl.pdf) for additional stream restoration on the same site to be done by Durham Soil and Water (DSW), and
the Cons. Decl. for BethPage includes the DSW stream sites. Kevin is asking if the Cons. Decl. can be amended to allow
the DSW work.
Jean has recommended that we when we amend the CD, we also make sure that it would allow for any remedial work on
the stream restorations.
What is the best way to deal with this?
Thanks!
Eric
Eric Alsmeyer
Project Manager
Raleigh Regulatory Field Office
Tel: [phone], x23
From: Yates, Kevin [mailto:[e-mail]]
Sent: Friday, September 21, 2012 3:19 PM
To: Alsmeyer, Eric C SAW
Subject: FW: Conservation Easement - BethPage - CWMTF Stream Project
Importance: High
Eric,
We buttoned up the Conservation Easement for the BethPage project a little pre - maturely. We're going to need to conduct
stream restoration work within the recorded easement along UT Stirrup Iron Creek, per our NWP 27 permit and Public
Notice. Can we add an addendum to the CE document to allow for the stream restoration project? Know this isn't a quick
and dirty answer, let me know what legal has to say and how we should proceed.

Thanks,
Kevin
From: Clark, Amos
Sent: Friday, September 21, 2012 2:46 PM
To: Yates, Kevin
Subject: FW: Conservation Easement
Importance: High
Can you look into what is needed to revise the ACOE conservation easement at BethPage for the stream restoration
project?
From: Scott Lay [ mailto:[e-mail]]
Sent: Tuesday, September 18, 2012 11:07 AM
To: Clark, Amos
Subject: FW: Conservation Easement
Importance: High
Amos ... see below and attached and let's find 10 min's to discuss a plan of action ... let me know when you might be
available after lunch today to discuss. Alternatively, I could be available tomorrow at 3:00 pm...
Description: http: / /www.readerpartners .com/images /image00I jpg
Scott Lay, LEED AP
Vice President I Reader & Partners, LLC
8480 Honeycutt Road, Suite 200
Raleigh, NC 27615
Office: (919) 714 -7279 1 Fax: [phone]
Email: [e-mail]
Please visit us on the web: www.readerpartners.com <http: / /www.readerpartners.com/>
From: Denechaud, Deirdre T. [mailto:deirdredenechaud @ parkerpoe.com]
Sent: Monday, September 17, 2012 3:52 PM

To: Scott Lay
Subject: Conservation Easement
Scott-
Attached hereto please find the propose revised Conservation Easement and Option for Conservation Easement (both
clean and blacklines). Please review and contact me to discuss.
Please note we will need to ask for the Conservation Declaration to be amended to conform to this easement.
Thanks!
Deirdre
Deirdre Denechaud
Partner
http://www.parkerpoe.com/images/new-logol30jpg
Wells Fargo Capitol Center 1 150 Fayetteville Street I Suite 1400 Raleigh, NC 27601
Phone: [phone] Fax: [phone] www.parkerpoe.com vcard
<http: / /www.parkerpoe .com/vcard.php ?PeopleID =95> I map
<http: / /maps.google.com/maps ?q= 150% 20Fayetteville %20Street %2CRaleigh %2CNC %2C27601 %2CUnited %20States>
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any
U.S. federal tax advice contained in this communication (or in any attachment) is not intended or written to be used, and
cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or
recommending to another party any transaction or matter addressed in this communication (or in any attachment).
PRIVILEGED AND CONFIDENTIAL: This electronic message and any attachments are confidential property of the
sender. The information is intended only for the use of the person to whom it was addressed. Any other interception,
copying, accessing, or disclosure of this message is prohibited. The sender takes no responsibility for any unauthorized
reliance on this message. If you have received this message in error, please immediately notify the sender and purge the
message you received. Do not forward this message without permission. [ppab v1.0]
Classification: UNCLASSIFIED
Caveats: NONE
Classification: UNCLASSIFIED
Caveats: NONE
Classification: UNCLASSIFIED

Caveats: NONE
Classification: UNCLASSIFIED
Caveats: NONE

STATE OF NORTH CAROLINA
DURHAM COUNTY
AMENDED CONSERVATION DECLARATION
This AMENDED DECLARATION of CONSERVATION COVENANTS,
CONDITIONS, and RESTRICTIONS( "Conservation Declaration ") is made on this day of
, 201 , by ALFC -Page Road, LLC alid 11-4�,T\cgc Acquisition' �inws, II C
('Declarant ").
RECITALS & CONSERVATION PURPOSES
A. The Conservation Declaration executed on 17 June 2010. identified as Instrument No.
2010018290, and recorded in Deed Book 6500, Paae 993 of the Durham Countv Registry was
filed as a condition of Devartment of the Armv vermit Action ID 2006 -32645 issued by the
Wilmington District Corps of Engineers (Corns).
B. The Conservation Declaration unintentionally included 13.7 acres that yvjll be - - - - -
imvacted for stream restoration funded by the Clean Water Management Trust Fund that was not
related to the development of the site. That stream restoration proiect was planned at the time
that the original av_vlication for a vermit was filed, and was even referenced in the Public Notice
dated 13 Februarv. 2009. This stream restoration vroiect has been sevarat_ely permitted by a
Verification of Nationwide General. Permit 27, dated 29 Sevtember 2011. This 13.7 acres will be
vreserved in its remediated condition by a sevarate Conservation Easement to be Granted to
Durham Soil and Water Conservation District.
Formatted: Font: (Default) Times New Roman, 12 pt
Formatted: Font: (Default) Times New Roman, 12 pt
Formatted: Font: (Default) Times New Roman, 12 pt
Formatted: Font: (Default) Times New Roman, 12 pt
Formatted: Font: (Default) Times New Roman, 12 pt
I Formatted: Font: (Default) Times New Roman, 12 pt
C. As the permitted stream restoration work would violate the terms of the Conservation
Declaration, as originally drafted, the Corns has agreed that the Declarant may amend the
Conservation Declaration to exclude the 13.7 acre parcel from the coveraee of the Conservation
Declaration. A covv of the corresvondence wherein the Corn_ s agreed to this amendment, dated
, is attached hereto and identified as Exhibit A. ( Formatted: Font: (Default) Times New Roman, 12 pt
D. [Insert a varaaraph stating why Beth Paae Acquisition Partners, LLC is not identified
as an owner on the Amendment]
AE. Declarant is the sole owner in fee simple of the certain Conservation Property
(Property). which is a portion of the property (PIN 0748 -03 -94 -7127) which is depicted in those
certain deeds recorded in the following Deed Books of the Durham Countv Reeistrv.
incorporated herein by reference: Deed Book 005204, Pate 000352, Plat Book 000180, Plat Pate
000382, and more varticularly described in "Exhibit B- Preservation Area Mad' attached hereto
and by this reference incornorated herein. bdxg aWax Patel v The Pro_erty consists of the
following wetland and /or riparian resources:

(1) 2.628.91 acres identified on Exhibit B as "Area To Be Dedicated For - - Formatted: indent: Left: 0.5'
Preservation ",
(2) 3.20 acres or riparian wetlands and 0.20 acres non - wetlands identified on
Exhibit B as "Remaining Wetlands In Preservation ", and
(3) 7,942 linear feet of intermittent Stream Channel and 6,519 linear feet of
perennial stream channel identified on Exhibit B as "Remaining Stream In Preservation ".
s, more particularly a, rib--d ki "JLSi5\t A lrsa°R Kan Ama A&F," a''�ar3ed
herct->--ni by t1��eF ..,.r,., : ..,.ted her- in; ,.ra
BF. The purpose of this Amended Conservation Declaration is to maintain wetland
and/or riparian resources and other natural values of the Property, and prevent the use or
development of the Property for any purpose or in any manner that would conflict with the
maintenance of the Property in its natural condition, or in its remediated condition in the case of
on -site stream restoration mitieation. The preservation of the Property in its natural or
remediated condition is a condition of Department of the Army permit Action ID 2006 -32645
issued by the Wilmington District Corps of Engineers (Corps), required to mitigate for
unavoidable impacts to water of the United States authorized by that permit, and this Amended
Conservation Declaration may therefore be enforced by the United States of America.
NOW, THEREFORE the Declarant hereby unconditionally and irrevocably declares that
the Property shall be held and subject to the following restrictions) covenants and conditions as
set out herein, to run with the subject real property and be binding on all parties that have or shall
have any right, title, or interest in said property.
ARTICLE I. PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the Property inconsistent with the purposes of this Amended
Conservation Declaration is prohibited. The Property shall be maintained in its natural or
remediated, scenic, and open condition and restricted from any development or use that would
impair or interfere with the conservation purposes of this Conservation Declaration set forth
above.
Without limiting the generality of the foregoing, the following activities and uses are
expressly prohibited or restricted.
A. Disturbance of Natural Features. Any change disturbance, alteration or impairment of
the natural or remediated features of the Property or any introduction of non - native plants and/or
animal species is prohibited. This prohibition does not include remedial work that must be done
to maintain on -site stream restoration mitieation that remains subject to this Conservation
Declaration.
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 Property.
C. Industrial. Commercial and Residential Use. Industrial, residential and/or commercial
activities, including any right of passage for such purposes are prohibited.
D. Agricultural. Grazing and Horticultural Use. Agricultural, grazing, animal husbandry,
and horticultural use of the Property are prohibited.
E. Vegetation. There shall be no removal, burning, destruction, harming, cutting or
mowing of trees, shrubs, or other vegetation on the Property.
F. Roads and Trails. There shall be no construction of roads, trails or walkways on the
property.
G. Signage. No signs shall be permitted on or over the Property, except the posting of no
trespassing signs, signs identifying the conservation values of the Property, signs giving
directions or proscribing rules and regulations for the use of the Property and/or signs identifying
the Grantor as owner of the property.
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
Property 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 property, except to
restore natural or remediated topography or drainage patterns.
J. Water Oualitv 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. hi addition, diverting or causing or permitting the diversion of surface
or underground water into, within or out of the e°° -ate inert -are ^* °� °°Pro e by any means, removal of
wetlands, polluting or discharging into waters, springs, seeps, or wetlands, or use of pesticide or
biocides is prohibited.
K. Develovment Rights. No development rights that have been encumbered or
extinguished by this Conservation Declaration shall be transferred pursuant to a transferable
development rights scheme or cluster development arrangement or otherwise.
L. Vehicles. The operation or mechanized vehicles, including, but not limited to,
motorcycles, dirt bikes, all- terrain vehicles, cars and trucks is prohibited.

M. Other Prohibitions. Any other use of, or activity on, the Property which is or may
become inconsistent with the purposes of this grant, the preservation of the Property substantially
in its natural condition, or the protectlon of its environmental systems, is prohibited.
ARTICLE II. ENFORCEMENT & REMEDIES
A. This Amended Declaration is intended to ensure continued compliance with the
mitigation condition of authorizations issued by the United States of America, U.S. Army Corps
of Engineers, Wilmington District, and therefore may be enforced by the United States of
America. This covenant is to run with the land and shall be binding on all parties and all persons
claiming under the Declarant.
B. Corps, its employees and agents and its successors and assigns, have the right, with
reasonable notice, to enter the Properly at reasonable times for the purpose of inspecting the
Property to determine whether the Declarant, Declarant's representatives, or assigns are
complying with the terms, conditions and restrictions of the Conservation Declaration.
C. Nothing contained in this Amended Conservation Declaration shall be construed to
entitle Corps to bring any action against Declarant for any injury or change in the Conservation
Properly caused by third parties resulting from causes beyond the Declarant's control, including,
without limitation, fire, flood, storm, and earth movement, or from any prudent action taken in
good faith by the Declarant under emergency conditions to prevent, abate, or mitigate significant
injury to life, damage to Property or harm to the Property resulting from such cases.
ARTICLE III. PUBLIC ACCESS
A. This Amended Conservation Declaration does not convey to the public the right to
enter the Property for any purpose whatsoever.
ARTICLE IV. DOCUMENTATION AND TITLE
A. Conservation Provertv Condition. The Declarant represents and acknowledges that the
Property is currently undeveloped land, with no improvements other than any existing utility
lines, Declarations and rights of way.
B. Title. The Declarant covenants and represents that the Declarant is the sole owner and
is seized of the Property in fee simple and has good right to make the herein Declaration; that
there is legal access to the Property, that the Property is free and clear of any and all
encumbrances, except Declarations of record.
ARTICLE V. MISCELLANEOUS
A. Conservation Purpose. Declarant, for itself, its successors and assigns, agrees that his
Conservation Property shall be held exclusively for conservation purposes.
B. Entire Agreement. This instrument sets forth the entire agreement of the parties with
respect to the Amended Conservation Declaration and supersedes all prior discussions,

negotiations, understandings or agreements relating to the Amended Conservation Declaration. If
any provision is found to be invalid, the remainder of the provisions of this Amended
Conservation Declaration, and the application of such provision to persons or circumstances
other than those as to which it is found to be invalid, shall not be affected thereby.
C. Recording. Declarant shall record this instrument and any amendment hereto in timely
fashion in the official records of Durham County, North Carolina, and may re- record it at any
time as may be required to preserve its rights.
D. Environmental Condition of Conservation Property. The Declarant warrants and
represents that to the best of its knowledge after appropriate inquiry and investigation: (a) the
Property described herein is and at all times hereafter will continue to be in full compliance with
all federal, state and local environmental laws and regulations, and (b) as of the date hereof there
are no hazardous materials, substances, wastes, or environmentally regulated substances
(including, without limitation, any materials containing asbestos) located on, in, or under the
Property or used in connection therewith, and that there is no environmental condition existing
on the Property that may prohibit or impede use of the Property for the purposes set forth in the
Recitals.
IN WITNESS WHEREOF, Declarant has hereunto set his hand and seal, the day and year
first above written.
ALFC -Page Road, LLC
By:
State of
County of
On this day of , 201 before me undersigned
officer, personally appeared known personally to me to be the Member -
Manager of the above named Limited Liability Company, and acknowledged the execution
thereof for the uses and purposes herein set forth.
IN WITNESS WHEROF I have hereunto set my hand and official seal.
Notary Public
My Commission Expires