20160393 Ver 1_FinalModifiedBPDP_approved_20161114

Bank Parcel Development Package Modification
Maple View Nutrient Offset Site
Maple View Riparian Buffer and Nutrient Offset Mitigation Bank
Orange County, North Carolina
Jordan Lake River Basin — Upper New Hope Arm
HUC 03 03 0002060110
Prepared By:
On behalf of Bank Sponsor: EBX-EM, LLC
302 Jefferson Street, Suite 110
Raleigh, NC 27605
919-209-1056
October 2016

Table of Contents
1 INTRODUCTION..............................................................................................................................3
1.1 Parcel Location............................................................................................................................. 3
1.2 Parcel Overview............................................................................................................................3
2 PROJECT AREA — PRE -CONSTRUCTION CONDITIONS...................................................... 4
2.1 Physiography................................................................................................................................ 4
2.2 Soils..............................................................................................................................................4
2.3 Vegetation.....................................................................................................................................5
2.4 Threatened and Endangered Species............................................................................................ 5
2.5 Environmental and Cultural Constraints...................................................................................... 6
2.6 FEMA Floodplain/Floodway Mapping........................................................................................ 6
3 RESTORATION PLAN.....................................................................................................................6
3.1 Nutrient Offset Restoration Activities.......................................................................................... 6
3.2 Planting Plan................................................................................................................................. 7
3.3 Easement Boundaries and Fencing............................................................................................... 7
4 MONITORING AND MAINTENANCE PLAN.............................................................................7
4.1 Monitoring Protocol and Success Criteria.................................................................................... 7
4.2 Adaptive Management Plan.......................................................................................................... 8
4.3 Long Term Management Plan...................................................................................................... 8
5 FINANCIAL ASSURANCE.............................................................................................................. 8
6 MITIGATION POTENTIAL
WV
7 MODIFIED CREDIT RELEASE SCHEDULE............................................................................11
8 REFERENCES.................................................................................................................................12
APPENDICES
Appendix A — Supporting Figures
Figure 1. Project Vicinity Map
Figure 2. USGS Topographic Map
Figure 3. National Wetlands Inventory Map
Figure 4. Aerial Photo Map
Figure 5. Soils Map
Figure 6. FEMA Map
Figure 7. Pre -Construction Conditions Map
Figure 8. Design Plan
Figure 9. Service Area Map
Appendix B - Correspondence
Appendix C- Conservation Easement and Plat
Appendix D — October 7, 2015 DWR memo on "Updated Nitrogen and Phosphorous Delivery
Factors for Nutrient Offset and Other Trading Uses Under the Jordan Lake Nutrient Strategy" and
corresponding Total Nitrogen Delivery Factor Map & Total Phosphorous Delivery Factor Map
Appendix E- Pre -Construction Site Condition Photos
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Maple View BPDP Modification
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I INTRODUCTION
EBX-EM, LLC (an entity of Resource Environmental Solutions, LLC) acting as the Bank Sponsor, is
pleased to provide this Bank Parcel Development Package (BPDP) Modification for the Maple View
Nutrient Offset Mitigation Bank (Bank). This Bank was designed to provide nutrient offset mitigation
credits for unavoidable impacts due to development within the Upper New Hope Arm of the B. Everett
Jordan Lake watershed in the Cape Fear River Basin. This BPDP Modification is in accordance with 15A
NCAC 0213.0240 and the Cape Fear Riparian Buffer & Nutrient Mitigation Banking Instrument (UMBI)
made and entered into by EBX-EM, LLC acting as the Bank Sponsor (Sponsor), and the North Carolina
Department of Environmental Quality (NCDEQ) on October 9, 2009 and modified on February 17, 2014.
Supporting figures can be found in Appendix A.
A BPDP for the Bank site was submitted to NC Division of Water Resources (DWR) on June 23, 2016.
On October 19, 2016, EBX-EM, LLC was notified that the Maple View BPDP would need to be
resubmitted as a modification due to the site being planted before the original BPDP submittal. This
resulted in the Bank being out of compliance with 15A NCAC 02B .0240 (c), 15A NCAC 02B .0240 (c)
(6)(A), and Item A of Section III of the LIMBI. This BPDP Modification addresses DWR's requested
actions in the October 19, 2016 letter (Appendix B) and describes the site's existing conditions and the
buffer restoration activities that have been completed. The site was planted in mid-April 2016 and the
BPDP Modification provides photographs for pre -construction conditions (i.e., before planting).
1.1 Parcel Location
The Maple View Parcel is located in Orange County in Hillsborough, NC (Figure 1). Within the Parcel,
a section of Morgan Creek and two unnamed tributaries traverse the site and exhibit diminished habitat
value as a result of past and on-going agricultural activities and impervious watershed conditions. The
Parcel is located within the Upper New Hope Arm of the B. Everett Jordan Lake watershed USGS 14 -
digit HUC 03030002060070 and North Carolina Division of Water Resources (NC DWR) Sub -basin
Number 03-06-06.
The site is located near the intersection of Green Rise Road and Dairyland Road (SR 1177). The site is on
the south side of Dairyland Road with the main drainage feature flowing west to east. The coordinates of
the site are 35.973056°N and -79.147778°W.
1.2 Parcel Overview
The conservation easement on the Maple View Parcel totals approximately 7.63 acres and includes two
unnamed tributaries. Stormwater runoff from adjacent land flows directly to Morgan Creek. The Parcel is
located in an area dominated by agriculture, livestock, and residential land use. There is a dairy operation
on the north side of Dairyland Road, but a majority of the Parcel is utilized for row -crop production. Land
use in the project area is hay field, row crops, and existing riparian forest. No livestock are on the Bank
Parcel; therefore, livestock access is not a concern.
The Maple View Nutrient Offset Mitigation Bank is proposed to provide water quality benefits through
elimination of nutrient intensive agricultural practices and re -forestation of riparian areas that extend out
to 200 feet from the stream channels. The riparian restoration activities within the Parcel will result in
improved water quality within the downstream watershed. Unnamed Tributary "A" is a perennial channel
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which flows in an easterly direction along the southern project boundary. Unnamed Tributary "B" is a
perennial channel which flows in a southerly direction to its confluence with unnamed tributary "A".
Unnamed Tributary "C" is a perennial channel flowing in a southerly direction to its confluence with UT-
A. Stream Determinations were verified by DWR staff onsite on July 7, 2015 and in correspondence
dated July 16, 2015 (Appendix B). Site viability for buffer mitigation and nutrient offset was determined
onsite on July 7, 2015 and in correspondence dated August 5, 2015.
The Maple View Parcel is proposed to provide off-site mitigation for development (both existing and
proposed) requiring nutrient offset credits. The nutrient offset credits proposed on this Bank are
submitted under the terms and conditions of the Cape Fear UMBI modified and signed on February
2, 2014 between EBX-EM, LLC and the Department of Environmental Quality.
2 PROJECT AREA — PRE -CONSTRUCTION CONDITIONS
2.1 Physiography
The Parcel is in the Piedmont Physiographic Province of North Carolina, specifically within the Carolina
Slate Belt ecoregion. A review of the Ecoregions of North Carolina and South Carolina (Griffith et
al., 2002) shows the geology in the area of the property is comprised of "mineral -rich metavolcanic
and metasedimentary rocks with slately cleavage," which is finer grained and less metamorphosed than
other eco -regions within the Piedmont. It is also common for streams to dry up, along with low yielding
wells. Elevations range from 154 to 172 feet above mean sea level (NAD 27) based upon USGS mapping
(Figure 2). The Site's tributaries form the headwaters of Morgan Creek. Within the mitigation area, the
channels drain surface water and groundwater from the surrounding agricultural areas.
2.2 Soils
Based on Orange County soil survey mapping (USDA 1977), the Parcel contains three soil series:
Chewacla loam, Goldston slaty silt loam, and Herndon silt loam. (Figure 5). The soil series found on the
site are described below and summarized in Table 1.
Table 1. Parcel Mapped Soil Series
Map
Hydrologic
Unit
Map Unit Name
Drainage Class
Hydric Status
Soil Group
Symbol
Ch
Chewacla loam
Somewhat poorly
Hydric
B/D
drained
Goldston slay silt
GIF
loam, 15 to 45%
Well drained
Not Hydric
D
slopes
HrB
Herndon silt loam,
Well drained
Not Hydric
B
2 to 6% slopes
HrC
Herndon silt loam,
Well drained
Not Hydric
B
6 to 10% slopes
Chewacla loam. This is a somewhat poorly drained soil found on floodplains of streams. It has moderate
permeability and negligible to low runoff. This soil typically floods frequently for brief periods. The
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seasonal high water table ranges from 6 to 24 inches below the surface. It sometimes has clayey subsoil.
Uses are for pasture, cropland, and forest. This soil is considered prime farmland when drained. This soil
is considered to have hydric inclusions by the NRCS.
Goldston slay silt loam. This well drained soil occurs on side slopes adjacent to major drainage ways,
with mapped areas typically being narrow bands. The underlying material, extending to a depth of 24
inches, is mottled pale brown saprolite that crushes to silt loam. The permeability of is moderately rapid,
and the potential for crop production is low. The soil has medium potential for broad leaved and needle
leaved trees.
Herndon silt loam. The Herndon series consists of very deep well drained moderately permeable soils
that formed in material mostly weathered from fine grained metavolcanic rock of the Carolina Slate Belt.
It occurs on broad ridges and (2 to 6 percent slopes) narrow side slopes (6 to 10 percent slopes) on uplands.
Most of this soil is used as cropland, but it has high potential for broad leaved and needle leaved trees.
2.3 Vegetation
Vegetative communities within the Bank Parcel prior to planting can be grouped into two distinct
vegetative communities. These two vegetative communities can be generally characterized as a Piedmont
Alluvial Forest, according to the North Carolina Natural Heritage Program (NHP) classification system
(Schafale and Weakley, 1990) and agriculture. Agricultural areas were subject to periodic mowing and
crop production (i.e. hay and corn production). The dominant grasses were bermuda grass (Cynodon
dactylon) and various fescue species (Festuca sp.). Adjacent to the row crop areas are Piedmont Alluvial
Forest communities. The fringe of these communities has been disturbed due to historic clearing activities.
As a result, there were non-native invasive species such as multiflora rose and Chinese privet located
within the fringe of these communities. Dominant species noted within these communities include various
oak species (Quercus sp.), river birch (Betula nigra), American elm (Ulmus Americana), tulip poplar
(Liriodendron tulipifera), various hickory species (Carya spp.), red maple (Acer rubrum), and sweet gum
(Liquidambar styraciflua).
2.4 Threatened and Endangered Species
Plants and animals with a federal classification of endangered (E) or threatened (T) are protected under
provisions of Sections 7 and 9 of the Endangered Species Act of 1973, as amended. The US Fish and
Wildlife Service database (updated 16 October 2016) lists three endangered species for Orange County,
North Carolina: dwarf wedgemussel (Alasmidonta heterodon), Michaux's sumac (Rhus mixhauxii), and
smooth coneflower (Echinacea laevigata) (Table 2). The Bald eagle (Haliaeetus leucocephalus) is
protected under the Bald and Golden Eagle Protection Act (BGPA) and prohibits take of bald and golden
eagles. No protected species or potential habitat for protected species was observed during site evaluations.
In addition to the USFWS database, the NC Natural Heritage Program (NHP) GIS database was consulted
to determine whether previously cataloged occurrences of protected species were mapped within one mile
of the project site. Results from NHP indicate that there are no known occurrences of state threatened or
endangered species within a one -mile radius of the project area. Based on initial site investigations, no
impacts to state protected species are anticipated as a result of the project.
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Table 2. Federally Protected Species in Orange County
Common Name
Scientific name
Federal
Status
Habitat
Present
Record
Status
Vertebrate:
Bald eagle
Haliaeetus leucocephalus
BGPA
Yes
Current
Invertebrate•
Dwarf wedgemussel
Alasmidonta heterodon
E
No
Current
Vascular Plant:
Michaux's sumac
Rhus michauxii
E
No
Historic
Smooth coneflower
Echinacea laevigata
E
No
Historic
E = Endangered; BGPA = Bald and Golden Eagle Protection Act
2.5 Environmental and Cultural Constraints
Environmental and cultural resources include historic and archeological resources located in or near the
project parcel. EBX-EM evaluated the Parcel's existing and future conditions of cultural resources to
determine potential project impacts. The evaluation focused primarily on the presence of hazardous
materials, utilities and restrictive easements, rare/threatened/endangered species or critical habitats,
cultural resources, and the potential for hydrologic trespass. A review of the North Carolina State Historic
Preservation Office (SHPO) GIS Web Service database did not reveal any listed or potentially eligible
historic or archeological resources in the project area. No architectural structures or archeological artifacts
were observed or noted during surveys of the site for restoration purposes.
2.6 FEMA Floodplain/Floodway Mapping
Hydrologic trespass is not a concern for this project. The Maple View Site is not located within a FEMA
100 -year floodway (Figure 6). No floodplain impacts associated with the project are anticipated.
3 RESTORATION PLAN
3.1 Nutrient Offset Restoration Activities
The primary goals associated with the nutrient offset restoration plan include improving water quality,
enhancing flood attenuation, and restoring wildlife habitat through the creation/restoration of forested
riparian areas adjacent to stream channels within the Parcel. The restoration of natural plant communities
within the Parcel not only provides stabilization and improves water quality within the easement limits,
but also provides ecological benefits to the entire watershed.
The majority of the site had been previously maintained as a cleared agricultural field for hay and corn
production (Figure 7). As such, these areas were relatively clear and required little site preparation other
than select herbicide treatment and soil preparation (i.e. ripped and scarified). The riparian areas were
planted with native bare root tree seedlings on an 8 by 8 -foot spacing to achieve an initial density of 680
trees per acre in mid-April 2016. The buffered channels provide water quality and habitat functions within
the sensitive Jordan Lake watershed. Some areas adjacent to the forested areas may require maintenance
due to the rapid regeneration of some species. Rapidly regenerating species and invasive species may
develop greater individual species density and create a less diverse mix. Minimal maintenance is
anticipated due to the past cultivation history.
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Riparian restoration began at the outer limits of the existing tree lines and extended out to 200 feet from
the top of bank from reaches A, B and C (Figure 8). Approximately 3 acres of mature forest are protected
within the conservation easement, but no buffer or nutrient offset credits were generated in this area.
3.2 Planting Plan
Revegetation of the site included planting bare root trees and controlling invasive species growth.
Piedmont Alluvial Forest is the target community type and was used for all areas within the project. The
community is defined by Schafale and Weakely (1990). The initial planting of 7,000 bare root trees
occurred during mid-April 2016. Tree species planted on the Maple View Site are shown in Table 3.
Table 3. Maple View Site Tree Planting List
Common Name
Scientific Name
% of Total Composition
Total Trees
American sycamore
Platanus occidentalis
30%
2,000
Water oak
Quercus nigra
14%
1,000
River birch
Betula nigra
14%
1,000
Blackgum
Nyssa sylvatica
14%
1,000
Northern red oak
Quercus rubra
7%
500
White oak
Quercus alba
7%
500
Chestnut oak
Quercus montana
7%
500
Swamp chestnut oak
Quercus michauxii
7%
500
3.3 Easement Boundaries and Fencing
Easement boundaries were identified in the field to ensure clear distinction between the Parcel and
adjacent properties. Boundaries were identified by marker, bollard, post, tree -blazing, or other means as
allowed by site conditions and/or conservation easement. Boundary markers disturbed, damaged, or
destroyed will be repaired and/or replaced on an as needed basis. No livestock had access to the site and
no fencing was proposed. The easement boundary will be checked annually as part of monitoring activities
and reported to NC DWR.
4 MONITORING AND MAINTENANCE PLAN
4.1 Monitoring Protocol and Success Criteria
The Sponsor shall submit to NCDWR an annual monitoring report, no later than December 31 of each
year for five consecutive years. Reports will document the success of the vegetation and any maintenance,
supplemental planting, or encroachment within the easement areas. Riparian buffer vegetation monitoring
will be based on the CVS-EEP Protocol for Recording Vegetation Level 1-2 Plot Sampling Only
Version 4.0. Annual vegetation monitoring will occur each year during the fall season, with the first year
occurring in Fall/Winter 2016 which is at least 5 months from initial planting. Seven (7) permanent
vegetation monitoring plots will be installed in the Fall 2016 at a minimum of 100 m2 in size, and cover
at least two percent of the planted area throughout the 5 years of monitoring. A reference photo will be
taken from one corner of each plot. All planted stems in the plots will be marked with flagging tape and
recorded. The following data will be recorded for all planted trees in the plots: species, height, planting
date (or volunteer), and grid location. The measures of vegetative success for the Parcel will be the survival
of at least 320 planted trees per acre at the end of Year 5. Natural recruits will not count towards annual
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success criteria; however, they may be taken into account during review by the NC DWR. Invasive and
noxious species will be monitored and controlled so that none become dominant or alter the desired
community structure of the site. Initial plant maintenance may include a one-time mowing performed by
EBX-EM, LLC in any of the planted riparian areas that are within the Jordan Lake Riparian Buffer as
defined in 15A NCAC 02B .0267 and mowing by EBX-EM, LLC as needed within planted areas outside
of the riparian buffer to remove undesirable species in the restoration areas. If necessary, EBX-EM, LLC
will develop a species-specific control plan.
Monitoring bonds shall be renewed with confirmation of renewal provided to DWR with each annual
monitoring report. DWR reserves the right to alter the credit release schedule if monitoring reports are
submitted without proof of bond renewals.
4.2 Adaptive Management Plan
In the event that the site, or a specific component of the site, fails to achieve the defined success criteria,
EBX-EM, LLC will develop necessary adaptive management plans and/or implement appropriate
remedial actions for the site in coordination with the NC DWR. Remedial actions will be designed to
achieve the success criteria specified previously, and will include identification of the causes of failure,
remedial design approach, work schedule, and monitoring criteria that will take into account physical and
climatic conditions.
4.3 Long Term Management Plan
EBX-EM, LLC, acting as the Bank Sponsor, has recorded a Conservation Easement on the Bank Parcel
with the Orange County Register of Deeds office. EBX-EM, LLC will monitor the Site for a minimum of
five years, or until NC DWR approval. This BPDP provides detailed information regarding bank operation,
including long term management and annual monitoring activities, for review and approval by the NC
DWR. This Conservation Easement was made on November 19, 2015 between Nutter Farms, LLC and
the Triangle Land Conservancy (TLC), a Non -Profit North Carolina Corporation. All monitoring
activities, including periodic inspections of the site to ensure that restrictions required in the Conservation
Easement are upheld, are the responsibility of EBX-EM, LLC until the Bank Parcel is transferred to the
TLC at the end of monitoring. Endowment funds required to uphold easement and deed restrictions shall
be negotiated prior to site transfer to TLC.
The conservation easement on the Bank Parcel was not approved by the NCDWR and is not consistent
with the standards employed by the State of North Carolina. Therefore, the Bank Sponsor will ensure that
the Conservation Easement is revised and that it will allow for the implementation of the Maple View
Nutrient Offset Mitigation Bank, the Maple View Farms Bank Parcel Development Package, and will
grant all rights to both the Grantee and the NCDWR. Additional changes to the conservation easement
will be determined in consultation with EBX-EM, LLC and the NCDWR. The conservation easement shall
be approved by the DWR prior to the credit release.
5 FINANCIAL ASSURANCE
The Sponsor will provide financial assurances in the form of a Performance Bond sufficient to assure one -
hundred percent (100%) completion of all required reporting and monitoring, and any remedial work and
maintenance as needed or required. Financial assurances will be payable to NC DWR or to its designee.
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The site has already been constructed, and therefore the Bank Sponsor will not need to provide a
performance bond to cover construction costs. The monitoring bond shall be in the amount of at least
$100,000 and shall be able to cover 100% of the costs associated with the monitoring and maintenance of
the riparian restoration areas for at least five years.
6 MITIGATION POTENTIAL
The Maple View Bank provides 7.63 acres of permanent conservation easement in Orange County, North
Carolina. The purpose of this project is to generate nutrient offset credits for development impacts within
the Upper New Hope Sub -watershed of Jordan Lake. The legal limits of the mitigation site will be finalized
and a draft conservation easement and draft recorded plat are provided in Appendix C. A final
conservation easement and plat will be submitted to NCDWR once complete.
The width of the riparian restoration area began at the most landward limit of the top of bank or the rooted
herbaceous vegetation and extended landward to a maximum distance of 200 feet.
Upon the submittal of this BPDP, the current NCDWR policy on the nutrient abatement of riparian
restoration on lands in agriculture is provided below:
A. Pursuant to the Jordan Trading Rule Item 15A NCAC 02B .0273(2)(a), load reductions eligible
for credit are only those that exceed reduction needs calculated by applying the strategy sub -
watershed percentage reduction goals as provided in 15A NCAC 02B .0262 (5). For this Bank
Parcel's location in the Upper New Hope, this requirement results in a reduction of credits
yielded per acre of restored riparian buffers on agricultural land when compared with the credits
given for agricultural lands in other river basins. The nutrient offset generated credits for this
Bank Parcel is depicted in Table 6.0 below.
Table 6.0 Generated Credit Yield
Jordan
Generated Credit (pounds/30 year/acre)
Sub -watershed
Nitrogen
Phosphorus
Upper New Hope
2,169.26
143.81
B. As required under Jordan Trading Rule Item 15A NCAC 02B .0273 (2)(d)(i), the party
seeking to sell credits must account for differences in instream nutrient losses between the
location of the reduction need and excess loading reduction being delivered to the affected
arm of Jordan lake. Delivered credits are calculated by applying the delivery factors in Table
6.1 and the acreage of riparian restoration to the generated credit yields from Table 6.0 above.
C. Appendix D, dated October 7, 2015, provides a memorandum from NCDWR and
corresponding maps, showing updated nitrogen and phosphorous load delivery factors. In
conversations with NCDWR, it was determined that this policy would be used to determine
the delivered credits on this Bank Parcel. The Maple View Bank Parcel falls into Zone 9 for
Nitrogen (N) and Zone 7 for Phosphorous (P). Details are provided in Table 6.1 below.
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Nutrient Offset Site 9 November 2016

Table 6.1 Delivery Factors
Delivery Factors
Nitrogen Phosphorous
Zone 9 Zone 7
89% 71%
The Maple View Bank generates 4.54 acres of nutrient offset credits and preserves 3.10 acres of riparian
buffer for a contiguous conservation easement. The offset credits were finalized by the Bank Sponsor upon
completion of the final As -Built survey of the conservation easement within the Bank Parcel and will
included in the As -Built Report to NC DWR. The total potential nutrient offset credits that the Maple
View Bank generates are summarized in Table 4; Figure 8.
Table 4. Maple View Bank Parcel Nutrient Offset Credit Summary
The Maple View Bank will service impacts within the Upper New Hope Arm of the B. Everett Jordan
Lake watershed. Please note this Bank Parcel is not intended to function for mitigation for buffer impacts.
It will only be used for nutrient credits. EBX-EM, LLC will maintain two credit ledgers for the Maple
View Bank for Nitrogen and Phosphorous credits separately. EBX-EM, LLC will maintain the nutrient
offset ledgers in both "Generated Credits" and "Delivered Credits". The Maple View Bank can only sell
delivered credits from this bank.
Maple View BPDP Modification
Nutrient Offset Site 10 October 2016
Mitigation
Generated
Delivery Factors
Buffer
Type
Credit
Total
Credit Per
Delivered
Zone
Type
Acreage
Acre
Zone Delivery
Credits
Zone A
Riparian
(0-200')*
restoration
Nitrogen
4.54
2,169.26 lbs
9
89%
8,765 lbs
Zone A
Riparian
(0-200')*
restoration
Phosphorus
4.54
143.81lbs
7
71%
463lbs
Jordan
Preservation
Buffer
n/a
3.10
n/a
n/a
n/a
n/a
*areas within existing forest are
Total Delivered Nitrogen Credit
8,765 lbs
included as Preservation Type
Total Delivered Phosphorus Credit
463 lbs
The Maple View Bank will service impacts within the Upper New Hope Arm of the B. Everett Jordan
Lake watershed. Please note this Bank Parcel is not intended to function for mitigation for buffer impacts.
It will only be used for nutrient credits. EBX-EM, LLC will maintain two credit ledgers for the Maple
View Bank for Nitrogen and Phosphorous credits separately. EBX-EM, LLC will maintain the nutrient
offset ledgers in both "Generated Credits" and "Delivered Credits". The Maple View Bank can only sell
delivered credits from this bank.
Maple View BPDP Modification
Nutrient Offset Site 10 October 2016

7 CREDIT RELEASE SCHEDULE
The Maple View Nutrient Offset Bank will have credits released based on the following credit release
schedule, which is a modification to the credit release schedule in the approved LIMBI.
Table I - Credit Release Schedule for Nutrient Offset Credits at Maple View Mitigation
Bank
Task
Project Milestone
% Credit
Available for
Sale _
1
Modified BPDP Approved by DWR, Conservation Easement
Approved by DWR Recorded, Mitigation Site Earthwork
completed, Planting and Installation of Monitoring Devices
Completed, Monitoring Financial Assurance Posted
40
2
Approval of As -Built Report
10
3
Monitoring Report #1: Approved by the DWR
10
4
Monitoring Report #2: Approved by the DWR
10
5
Monitoring Report #3: Approved by the DWR
10
6
Items J (2a) of Section VI in the UMBI has been completed and
approved by DWR
5
7
Monitoring Report #4: Approved by the DWR
5
S
Monitoring Report #5: Approved by the DWR and final site
visit by DWR has been conducted
10
Total
140%
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8 REFERENCES
Griffith, G.E., Omernik, J.M., Comstock, J.A., Schafle, M.P., McNab, W.H., Lenat, D.R.,
MacPherson, T.F., Glover, J.B., and Shelburne, V.B., 2002, Ecoregions of North Carolina and
south Carolina, (color poster with map, descriptive text, summary tables, and photographs):
Reston, Virginia, U.S. Geological Survey (map scale 1:1,500,00).
NCDENR. 2009. "Neuse River Basinwide Water Quality Plan." Division of Water Quality. http://
http://portal.ncdenr.org/web/wq/ps/bpu/basin/neuse/2009. (October 2013).
NCDENR. 2010. "N.C. Wetland Assessment Method User Manual Version 4.1." N.C. Wetland
Functional Assessment Team.
NC Environmental Management Commission. 2014. Rule 15A NCAC 02B.0295 - Mitigation Program
Requirements for the Protection and Maintenance of Riparian Buffers.
Schafale, M.P. and A.S. Weakley. 1990. Classification of the Natural Communities of North Carolina,
Third Approximation. North Carolina Natural Heritage Program, Division of Parks and Recreation,
NCDENR, Raleigh, NC.
Maple View BPDP Modification
Nutrient Offset Site 12 October 2016

Appendix A. Supporting Figures
Figure 1. Project Vicinity Map
Figure 2. USGS Topographic Map
Figure 3. National Wetlands Inventory Map
Figure 4. Aerial Photo Map
Figure 5. Soils Map
Figure 6. FEMA Map
Figure 7. Pre -Construction Conditions Map
Figure 8. Design Plan
Figure 9. Service Area Map

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Latitude: 35'58' 20.83" N
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Longitude: 79'8'54.44" W
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Basemap:Topographic map via ESRI image service.
Bond
Horizontal Datum is North Carolina State Plane NAD 83.
Opti
Project limits are approximate.
Le -gen
The parcel data inform ation/property boundaries
depicted on this map is for prospect assessment
Maple View Nutrient Offset Site
purposes only. It is not to be used as final boundaries.
FIGURE 1
Date: 9/1/2015
wE
VICINITY MAP
Drawn by: BRIG
res
BANK PARCEL DEVELOPMENT PLAN
0 5
MAPLE VIEW NUTRIENT OFFSET SITE
Checked by: DI
Miles
ORANGE COUNTY, NORTH CAROLINA

Basemap: USGS 7.5 minute topographic map;
White Cross, 2013
Horizontal Datum is North Carolina State Plane NAD 83.
Legend
Project limits are approximate.
The parcel data information/property boundaries
Nutter Farms LLC
depicted on this map is for prospect assessment
purposes only. It is not to be used as final boundaries.
® Easement Area (7.63 Ac.)
w+11
FIGURE 2
USGS 7.5 MINUTE TOPOGRAPHIC MAP
Date: 3/30/2016
Drawn by: BPB
res
BANK PARCEL DEVELOPMENT PLAN
0 250 500 1,000
MAPLE VIEW NUTRIENT OFFSET SITE
Checked by: DI
Feet
ORANGE COUNTY, NORTH CAROLINA

1
Basemap: Basemap: Google Earth WMS service, NCMHTD
Horizontal Datum is North Carolina State Plane NAD 83.
Project limits are approximate.
The parcel data information/property boundaries
depicted on this map is for prospect assessment
purposes only. It is not to be used as final boundaries.
A 0 250 500 1,000
lFeet
FIGURE 3
NATIONAL WETLANDS INVENTORY MAP
BANK PARCEL DEVELOPMENT PLAN
MAPLE VIEW NUTRIENT OFFSET SITE
ORANGE COUNTY, NORTH CAROLINA
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Legend
Easement Area (7.63 Ac.)
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- Estuarine and Marine Deepwater
Estuarine and Marine Wetland
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- Freshwater Forested/Shrub Wetland
® Freshwater Pond
- Lake
® Other
P. - Riverine
Date: 3/30/2016
Drawn by: BPB
Checked by: DI res

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Horizontal Datum is North Carolina State Plane NAD 83.
Project limits are approximate.
The parcel data information/property boundaries
depicted on this map is for prospect assessment
purposes only. It is not to be used as final boundaries.
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BANK PARCEL DEVELOPMENT PLAN
200 MAPLE VIEW NUTRIENT OFFSET SITE
ORANGE COUNTY, NORTH CAROLINA
Legend
Maple View Nutrient Offset Site
Date: 3/30/2016
Drawn by: BPB
Checked by: DI pres

Basemap: Google Earth WMS service, NCMHTD.
Horizontal Datum is North Carolina State Plane NAD 83.
Project limits are approximate.
The parcel data information/property boundaries
depicted on this map is for prospect assessment
purposes only. It is not to be used as final boundaries.
w�E
50 100 200
FIGURE 5
SOILS MAP
BANK PARCEL DEVELOPMENT PLAN
MAPLE VIEW NUTRIENT OFFSET SITE
Feet ORANGE COUNTY, NORTH CAROLINA
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Maple View Nutrient Offset Site (7.63 Ac.)
Date: 3/30/2016
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Project limits are approximate. Floodzone
The parcel data information/property boundaries�.; r '� - 0.2 PCT ANNUAL CHANCE FLOOD HAZARD
depicted on this map is for prospect assessment-' a
purposes only. It is not to be used as final boundaries.{' yf z 1 ' AE
FIGURE 6 Date: 3/31/2016
wE FEMA FLOODZONE MAP
Drawn by: BPB
BANK PARCEL DEVELOPMENT PLAN res
0 50 100 200 MAPLE VIEW NUTRIENT OFFSET SITE Checked by: DI
Feet ORANGE COUNTY, NORTH CAROLINA

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depicted on this map is for prospect assessment
purposes only. It is not to be used as final boundaries.
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0 50 100 200
Feet
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FIGURE 7
PRE -CONSTRUCTION CONDITIONS
MAP
BANK PARCEL DEVELOPMENT PLAN
MAPLE VIEW NUTRIENT OFFSET SITE
ORANGE COUNTY, NORTH CAROLINA
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Legend
Maple View Nutrient Offset Site
Landcover
Hay/Pasture (4.5 Ac. +/-)
r Deciduous Forest (3.1 Ac. +/-)
Date: 3/31/2016
Drawn by: BPB
Checked by: DI pres

Basemap: Google Earth WMS service, NCMHTD.
Horizontal Datum is North Carolina State Plane NAD 83.
Project limits are approximate.
The parcel data information/property boundaries
depicted on this map is for prospect assessment
purposes only. It is not to be used as final boundaries.
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BANK PARCEL DEVELOPMENT PLAN
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MAPLE VIEW NUTRIENT OFFSET SITE
Checked by: DI
Miles
ORANGE COUNTY, NORTH CAROLINA

Appendix B. Correspondence
0 NC DWR Buffer Determination and Site Viability Letters
• NC DWR Maple View Farm BPDP Modification Required

�A4
A
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
August 5, 2015
Daniel Ingram
EBX Neuse I, LLC (RES)
302 Jefferson Street, Suite 110
Raleigh, NC 27605
(via electronic mail)
Re: Site Viability for Buffer Mitigation & Nutrient Offset — Maple View/Nutter Farms
3111 Dairyland Road, Hillsborough, NC
Orange County
Dear Daniel,
On June 23, 2015, Katie Merritt, with the Division of Water Resources (DWR), received a request from
EBX-EM, LLC, a subsidiary of Resource Environmental Solutions, LLC (RES) for a site visit near the
above -referenced site to determine the potential for nutrient offset and Jordan riparian buffer mitigation.
On July 7, 2015, Ms. Merritt performed a mitigation determination of features depicted on the attached
aerial map. This mitigation determination was performed in accordance with the temporary
consolidated buffer mitigation rule 15A NCAC 02B .0295 (Rule .0295). If approved, mitigating this
property could provide riparian buffer credits and/or nutrient offset credits within the Upper New Hope
Sub -watershed of Jordan Lake.
EBX will need to have an approved Mitigation Banking Instrument (MBI) specific for this site in order
to apply Rule .0295 towards its buffer mitigation. The existing EBX Cape Fear Umbrella Mitigation
Banking Instrument is not compatible for use of the temporary Rule .0295 for buffer mitigation.
Ms. Merritt's evaluation of the property for buffer and nutrient offset mitigation viability is provided
below and on the attached map:
Feature "A" (Western side only)
• Stream onsite is perennial and subject to the Jordan buffer rule as provided in the Buffer
Determination Letter dated July 16, 2015 by the Raleigh Regional Office.
• The existing land use within the Jordan buffer (0 -50') was primarily mature forest and would be
viable for Buffer Preservation credit on the Western side of the stream. The Eastern side of the
stream consists of a linear ditch ("D') that runs parallel to the stream. The presence of this
ditch effects the Eastern side of the stream's viability for buffer mitigation. Proposals for
buffer preservation must comply with all items of 15A NCAC 02B. 0295 (m)(2)(D).
• The existing land use outside of the mature forest was active row crop and may be viable for
buffer restoration for either nutrient offset credit or buffer credit depending on the distance from
the stream.
Division of Water Resources - 401 and Buffer Permitting Unit
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] \ FAX: [phone]
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper

Maple View/Nutter Farms
August 5, 2015
Page 2 of 3
Feature "D"(Eastern side only)
• Feature is a ditch and is NOT subject to the Jordan buffer rule. Feature "A" runs parallel to the
Western side of the ditch.
• The existing land use within the riparian area adjacent to the ditch was determined to be mature
forest and is not viable for buffer or nutrient offset credit.
• The existing land use within the riparian area outside of the mature forest was active row crop
and may be viable for buffer restoration for either nutrient offset credit or alternative buffer
mitigation credit depending on the distance from the ditch. Proposals for using ditches as
alternative buffer mitigation must comply with all items of 15A NCAC 02B.0295 (m)(2)(H).
Feature "R"
Stream onsite is perennial and subject to the Jordan buffer rule as provided in the Buffer
Determination Letter dated July 16, 2015 by the Raleigh Regional Office.
The existing land use within the Jordan buffer (0 -50') was a mixture of mature forest and row
crops and would be viable for Buffer Preservation, Buffer Restoration or Buffer Enhancement
depending on the section of Feature B that is being mitigated. The buffer restoration or
enhancement areas are viable for nutrient offset credit or buffer credit. The buffer preservation
areas are viable for buffer credit only.
Riparian areas outside of the mature forest were in active row crop and would be viable for
buffer restoration for either nutrient offset credit or buffer credit depending on the distance from
the stream.
Feature "C" (Perennial Reach)
• Stream onsite is perennial downstream of the GIS point (35.5831, -79.8473) and is subject to the
Jordan buffer rule as provided in the Buffer Determination Letter dated July 16, 2015 by the
Raleigh Regional Office.
• The existing land use within the Jordan buffer (0 -50') was a mixture of mature forest and row
crops and would be viable for Buffer Preservation, Buffer Restoration or Buffer Enhancement
depending on the section of Feature C that is being mitigated. The buffer restoration or
enhancement areas are viable for nutrient offset credit or buffer credit. The buffer preservation
areas are viable for buffer credit only.
• Riparian areas outside of the mature forest were in active row crop and would be viable for
buffer restoration for either nutrient offset credit or buffer credit depending on the distance from
the stream.
Feature "C" (Ditch Reach)
• Feature is a ditch and is NOT subject to the Jordan buffer rule.
• The existing land uses within the riparian area adjacent to the ditch was active row crop and
would may viable for buffer restoration for nutrient offset credit or alternative buffer mitigation
credit depending on the distance from the ditch. Proposals for using ditches as alternative
buffer mitigation must comply with all items of 15A NCAC 02B.0295 (m)(2)(H).

Maple View/Nutter Farms
August 5, 2015
Page 3 of 3
Feature "E"
• Not a feature and is not viable for any mitigation credit
A map showing the project site is provided and signed by Ms. Merritt on August 4, 2015. Please contact
Katie Merritt at (919)-807-6371 if you have any questions regarding this correspondence.
Sincerely,
kolkw
Karen Higgins, Supervisor
401 and Buffer Permitting Unit
KAH/km
Attachments: Site Aerial Map
cc:File Copy (Katie Merritt)

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NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
July 16, 2015
Nutter Farms, LLC
Atm: Roger Nutter
3100 Dairyland Road
Hillsborough, NC 27278
Donald R. van der Vaart
Secretary
Subject: Buffer Determination
NBRRO# 15-280
Orange County
Determination Type:
Buffer Call
Isolated or EIP Call
® Neuse (15A NCAC 213.0233)
Start@
❑ Tar -Pamlico (15A NCAC 2B .0259)
❑ Ephemeral/Intermittent/Perennial Determination
USGS
El Isolated Wetland Determination
E] Jordan (15A NCAC 26 .0267)
To
Project Name: Nutter Farms: 31 1 1 Dairyland Road, Hillsborough
Location/Directions: Subject property is privately owned agricultural land located at project
address; potential buffer and nutrient mitigation site;
Subject Stream: UT to Morgan Creek
Determination Date: July 7, 2015
Staff: Sara Knies
Feature
Not
Subject
E/I/P*
Start@
Stop@
Soil
USGS
/Flag
Subject
To
Survey
Topo
To
Buffers
Buffers
A
X
P
Throughout
Throughout
X
X
B
X
P
Throughout
Throughout
X
X
C
X
P
(35.5831,
Throughout
X
-79.8473)
*E/I/P - EphemeraVIntermittent/Perennial
Explanation: The feature(s) listed above has or have been located on the Soil Survey of Wake County, North
Carolina or the most recent copy of the USGS Topographic map at a 1:24,000 scale. Each feature that is checked
"Not Subject" has been determined not to be a stream or is not present on the property. Features that are checked
"Subject" have been located on the property and possess characteristics that qualify it to be a stream. There may be
other streams located on your property that do not show up on the maps referenced above but, still ,
may
orthCarolina
Infsis.n��si
V V"&&&sassy
North Carolina Division of Water Resources 1628 Mail Service Center Raleigh, NC 27699-1628 Phone [phone]
Internet: www.ncwaterauality.orp Location: 3800 Barrett Drive Raleigh, NC 27609 Fax [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper

Nutter Farms Mitigation Bank
Orange County
July 16, 2015
Page 2 of 2
considered jurisdictional according to the US Army Corps of Engineers and/or to the Division of Water Resources
(DWR).
This on-site determination shall expire rive (5) years from the date of this letter. Landowners or affected parties that
dispute a determination made by the DWR or Delegated Local Authority may request a determination by the
Director. An appeal request must be made within sixty (60) days of date of this letter or from the date the affected
party (including downstream and/or adjacent owners) is notified of this letter. A request for a determination by the
Director shall be referred to the Director in writing c/o Karen Higgins, Karen Higgins, DWR — 401 & Buffer
Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617.
This determination is final and binding unless, as detailed above, you ask for a hearing or appeal within sixty (60)
days.
The owner/future owners should notify the Division of Water Resources (including any other Local, State, and
Federal Agencies) of this decision concerning any future correspondences regarding the subject property (stated
above). This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be
directed to the Division of Water Resources (Central Office) at (919)-807-6300, and the US Army Corp of Engineers
(Raleigh Regulatory Field Office) at (919)-554-4884.
If you have questions regarding this determination, please feel free to contact Sara Knies at (919) 7914258.
es ctfully,
Danny Smi , Supervisor
Water Quality Section
Raleigh Regional Office
cc: RRO/SWP File Copy

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Water Resources
ENVIRONMENTAL QUALITY
October 18, 2016
Daniel Ingram
EBX-EM, LLC
302 Jefferson Street, Suite 110
Raleigh, NC 27605
Re: Maple View Farms BPDP Modification Required
Dear Mr. Ingram:
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Director
DWR Project #: 2016-0393
Orange County
The North Carolina Division of Water Resources (DWR) and EBX-EM, LLC (EBX), acting as the
Bank Sponsor, made and entered into the Cape Fear Riparian Buffer and Nutrient Umbrella
Mitigation Banking Instrument (UMBI) on October 9, 2009, which was modified and approved
on February 17, 2014. On April 14, 2016, DWR received a Bank Parcel Development Package
(BPDP) for the Maple View Farms Mitigation Bank. A timeline showing the review and approval
process for the Maple View Mitigation Bank is provided below:
• June 23, 2015 - DWR received a request from EBX for a site visit near 3111 Dairyland
Road in Hillsborough, NC which includes the Maple View Mitigation Bank.
• July 7, 2015 - Katie Merritt with DWR, performed a site viability assessment of the
Maple View (previously known as Nutter Farms) site.
• August 5, 2015 - DWR issued a site viability letter to EBX for buffer mitigation and
nutrient offset.
• April 14, 2016 - DWR received a Bank Parcel Development Package (BPDP) for the Maple
View site from EBX for review and approval under the terms and conditions of the
UMBI.
• June 3, 2016 - Katie Merritt (with DWR) submitted comments and recommendations on
the BPDP to you and Brad Breslow of EBX.
• June 17, 2016 - Mr. Breslow submitted a final draft of the BPDP incorporating the
recommendation provided by Ms. Merritt.
• June 22, 2016 - Ms. Merritt requested a service area map and "onsite site photos of the
proposed project area showing the conditions of the site right now. Especially of the
farm fields along the woodline."
• June 23, 2016 - Mr. Breslow provided the additional information per Ms. Merritt's
request along with the final draft of the BPDP. Neither the final BPDP nor the photos
provided by EBX indicated that site conditions had changed from what they were when
the BPDP was submitted on April 14, 2016.
State of North Carolina I Environmental Quality I Water Resources
1617 Mail service Center I Raleigh, North Carolina 27699-1617
919 807 6300

Maple View Mitigation Bank
October 18, 2016
• June 23, 2016 -The BPDP was placed on public notice and made available for public
comments.
• July 8, 2016 —public notice period ends
• July 11, 2016— DWR issued an approval letter for the BPDP submitted on June 23, 2016.
On August 10, 2016, Ms. Merritt received email correspondence from you on behalf of EBX
requesting the anticipated date of the first credit release for the Maple View site. Additionally,
you stated that the Maple View site, "was already planted this spring in advance of the BPDP
approval". On September 19, 2016, per the request of DWR, you provided that the planting of
the Maple View site occurred "the second week of April" 2016. Therefore, EBX is out of
compliance with the following regulations and UMBI requirements:
15A NCAC 02B .0240 (c) which states, "The Program and other parties shall obtain
Division approval of proposed nutrient offset projects prior to construction..." (emphasis
added)
15A NCAC 02B .0240 (c) (6)(A) which states that the Program and other parties shall
submit a proposal which, "identifies the location and site boundaries of the proposed
measure, the geographic area to be served by credits in compliance with the
requirements of Paragraph (b) of this Rule, existing conditions in the contributing
drainage area and location of the measure..." (emphasis added)
Item A of Section III of the UMBI which states that, "Each tract of land subject to a
conservation easement or restrictive covenant described in Section 111-E ("Bank Parcel")
to be included in the Bank shall require a Bank Parcel Development Package (BPDP),
including detailed information concerning site location, existing conditions, proposed
buffer restoration activities..." (emphasis added)
Therefore, DWR requests the following actions be taken:
• EBX shall amend the BPDP that was submitted to DWR on June 23, 2016 and resubmit
another BPDP titled "Maple View BPDP MODIFICATION" for review and approval by
DWR that accurately describes the site's existing conditions and details the buffer
restoration activities that have been completed. Any additional buffer restoration
activities needed at the site shall also be included. The amended BPDP shall be
submitted to DWR by October 28, 2016. EBX shall include in the BPDP, an explanation
as to why the BPDP is being modified.
• The modified BPDP will be placed on Public Notice without a comment period.
• As noted in the Item D of Section IV of the UMBI, "EBX-EM, LLC shall submit to the DWR
an annual monitoring report, no later than December 31, each year for five years after
the first full growing season"
o According to the Orange County Agricultural Development and Farmland
Protection Plan adopted on November 17, 2009 with the assistance of the
Page 213

Maple View Mitigation Bank
October 18, 2016
Orange County Soil & Water District, Cooperative Extension Service, Farm
Services Agency, and the Orange County Economic Development Commission,
"the growing season lasts about 200 days from mid-April to late October".
o Therefore, the first annual monitoring report for the subject site shall be
submitted November or December, 2016.
• Additionally, a performance bond of $150,000 to implement the buffer restoration isn't
required, since this site has already completed its buffer restoration activities and only
has the installation of the monitoring plots remaining.
• The following credit release schedule shall be incorporated into the modified BPDP:
Table I - Credit Release Schedule for Nutrient Offset Credits at Maple View Mitigation
Bank
Task
Project Milestone
Credit
Available for
Sale
1
Modified BPDP Approved by DWR, Conservation Easement
Approved by DWR Recorded, Mitigation Site Earthwork
completed, Planting and Installation of Monitoring Devices
Completed, Monitoring Financial Assurance Posted
40
2
Approval of As -Built Report
10
3
Monitoring Report #1: Approved by the DWR
10
4
Monitoring Report #2: Approved by the DWR
10
5
Monitoring Report #3: Approved by the DWR
10
6
Items J (2a) of Section VI in the UMBI has been completed and
approved by DWR
5
7
Monitoring Report #4: Approved by the DWR
5
8
Monitoring Report #5: Approved by the DWR and final site
visit by DWR has been conducted
10
Total
100%
Please feel free to call Katie Merritt at [phone] if you have any questions regarding this
correspondence.
Sincerely,
Karen Higgins, Supervis
401 & Buffer Permitting Branch
KAH/kym
cc: File Copy - Katie Merritt
313

Appendix C. Conservation Easement and Plat

20151119000229240 SUNS
(/ :RB0055.276 P
11/19/2015 3M 1/14
FILED Mark Chilton
Register of Deeds, Orange Co,NC
Record, Fee: 1g2:
NC Rea! state iX: $230.00
PERMANENT CONSERVATION EASEMENT
PIN #9850-58-0672
j?evrKo�s{s,a�sr �T230.00
Prepared by and return to: Allison L. Reeves
Williams Anderson Ryan & Carroll LLP
10245 Siegen Lane, Suite C
Baton Rouge, LA 70810
STATE OF NORTH CAROLINA
COUNTY OF ORANGE
THIS CONSERVATION EASEMENT ("Conservation Easement"), made this )e14Iv day
Of YmPm her . 20157 by NUTTER FARMS, LLC, a North Carolina limited liability company
("Grantor"), whose mailing address is 3100 Dairyland Road, Hillsborough, North Carolina 27278-8390,
to TRIANGLE LAND CONSERVANCY, a Non -Profit North Carolina Corporation with its principal
office located at 1101 Haynes Street, Suite 205, Raleigh, North Carolina 27604 ("Grantee")- The
designations of 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 contest.
WITNESSETH:
WHEREAS, Grantor owns in fee simple certain real property situated, lying and being in Orange
County, North Carolina, more particularly described in Exhibit A attached hereto and incorporated herein
by reference (Property" ):
WHEREAS, Grantee is a nonprofit corporation whose purpose is the conservation of property,
and 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. The purpose of this Conservation Easement is to maintain wetland
and/or riparian resources and other natural values on a portion of the Property, consisting of
approximately 7.633 acres- and being more particularly described in Exhibit B attached hereto and
incorporated herein by reference (hereinafter referred to as the "Conservation Area"), and prevent the
use or development of the Conservation Area for any purpose or in any manner that would conflict with
the creation, restoration, or maintenance of the Conservation Area in accordance with this Conservation
Easement.

R96e43 165 2/14
NOW, THEREFORE, i'or 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, along with a general right of access, over the Property
described on Exhibit A, together with the right to preserve and protect the conservation values of the
Conservation Area, as follows:
The Conservation Area consists of the following:
Tract described as the "Conservation Easement" containing a total of 7.633 acres as shown on the plats of
survey entitled "Conservation Easement for Robert P. Nutter "Maple View Farms"' dated October 27,
2015 prepared by Christopher L. Cole PLS Number 188329A, attached hereto and made a part hereof as
"Exhibit D".
See attached "Exhibit B," Legal Description of area of the Property hereinafter referred to as the
"Conservation Area"
The purposes of this Conservation Easement are to maintain, restore, enhance, construct, create
and preserve wetland and/or riparian resources in the Conservation Area that contribute to the protection
and improvement of water quality, flood prevention, fisheries, aquatic habitat, wildlife habitat, and
recreational opportunities: to maintain permanently the Conservation Area in its natural condition,
consistent with these purposes; and to prevent any use of the Conservation Area that will significantly
impair or interfere with these purposes. To achieve these purposes, the following conditions and
restrictions are set forth:
ARTICLE I
DURATION OF EASEMENT
Pursuant to law, including the above referenced statutes, this Conservation Easement and Right of
Access shall be perpetual and it shall run with the Property, and be a continuing restriction upon the use
of the Conservation Area, and it shall be enforceable by the Grantee against the Grantor and against
Grantor's heirs, successors and assigns, personal representatives, agents, lessees, and licensees.
ARTICLE II
GRANTOR RESERVED USES AND RESTRICTED ACTIVITES
The Conservation Area shall be restricted from any development or usage that would impair or
interfere with the purposes of this Conservation Easement. Unless expressly reserved as a compatible use
herein, any activity in, or use of, the Conservation Area by the Grantor is prohibited as inconsistent with
the purposes of this Conservation Easement. Any rights not expressly reserved hereunder by the Grantor
have been acquired by the Grantee. Any rights not expressly reserved hereunder by the Grantor,
including the rights to all mitigation credits, including, but not limited to, stream, wetland, and riparian
buffer mitigation units, derived from each site within the area of the Conservation Easement, are
conveyed to and belong to the Grantee. Without limiting the generality of the foregoing, the following
specific uses are prohibited, restricted, or reserved as indicated:

R66043 166 3/14
A. Recreational Uses. Grantor expressly reserves the right to undeveloped recreational uses,
including hiking, bird watching, hunting and fishing, and access to the Conservation Area for the
purposes thereof.
B. Motorized Vehicle Use. Motorized vehicle use in file Conservation Area is prohibited.
C. Educational Uses. The Grantor reserves the right to engage in and permit others to engage in
educational uses in the Conservation Area not inconsistent with this Conservation Easement, and the right
of access to the Conservation Area for such purposes including organized educational activities such as
site visits and observations. Educational uses of the Conservation Area shall not alter vegetation,
hydrology or topography of the site.
D. Vegetative Cutting. Except as related to the removal of non-native plants, diseased or damaged
trees, or vegetation that destabilizes or renders unsafe the Conservation Area to persons or natural habitat,
all cutting, removal, mowing, banning, or destruction of any trees and vegetation in the Conservation
Area is prohibited.
E. Industrial, Residential and Commercial Uses. All industrial, residential and commercial uses
are prohibited in the Conservation Area.
F. Agricultural Use. All agricultural uses are prohibited within the Conservation Area including
any use for cropland, waste lagoons, or pastureland.
G. New Construction. There shall be no building, facility, mobile home, antenna, utility pole,
tower, or other structure constructed or placed in the Conservation Area.
H. Roads and Trails. There shall be no construction of roads, trails, walkways, or paving in the
Conservation Area.
I. Signs. No signs shall be permitted in the Conservation Area except interpretive signs describing
restoration activities and the conservation values of the Conservation Area, signs identifying the owner of
the Property and the holder of the Conservation Easement, signs giving directions, or signs prescribing
rules and regulations for the use of the Conservation Area.
J. Dumping or Storing. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned
vehicles, appliances, machinery, or any other material in the Conservation Area is prohibited.
K. Grading, Mineral Use, Excavation, Dredging. There shall be no grading, filling, excavation,
dredging, mining, drilling, removal of topsoil, sand, gravel, rock, peat, minerals, or other materials.
L. Water Quality and Drainage Patterns. There shall be no diking, draining, dredging,
channeling, filling, leveling, pumping, impounding or diverting, causing, allowing or permitting the
diversion of surface or underground water in the Conservation Area. No altering or tampering with water
control structures or devices, or disruption or alteration of the restored, enhanced, or created drainage
patterns is allowed. All removal of wetlands, polluting or discharging into waters, springs, seeps, or
wetlands, or use of pesticide or biocides in the Conservation Arca is prohibited. In the event of an
emergency interruption or shortage of all other water sources, water from within the Conservation Area
may temporarily be used for good cause shown as needed for the survival of livestock and agricultural
production on the Property.
M. Subdivision and Conveyance. Grantor voluntarily agrees that no subdivision, partitioning, or
dividing of the underlying Property owned by the Grantor in fee simple ("fee") that is subject to this

RB6043 167 4/14
Easement is allowed. Unless agreed to by the Grantee in writing, any future conveyance of the
underlying fee and the rights conveyed herein shall be as a single block of property. Any future transfer of
the fee simple shall be subject to this Conservation Easement. Any transfer of the fee is subject to the
Grantee's right of unlimited and repeated ingress and egress over and across the Property to the
Conservation Area for the purposes see forth herein.
N. Development Rights. All development rights are permanently removed from the Conservation
Area and are non-transferrable.
O. Disturbance of Natural Features. Any change, disturbance, alteration or impairment of the
natural features of the Conservation Area or any intentional introduction of non-native plants, trees and/or
animal species by Grantor is prohibited.
The Grantor may request permission to vary from the above restrictions for good cause shown,
provided that any such request is not inconsistent with the purposes of this Conservation Easement, and
the Grantor obtains advance written approval from the N.C. Ecosystem Frihancement Program, whose
mailing address is 1652 Mail Services Center, Raleigh, NC 27699-1652.
ARTICLE III
GRANTEE RESERVED USES
A. Right of Access, Construction, and Inspection. The Grantee, its employees and agents,
successors and assigns, receive a perpetual Right of Access to the Conservation Area over the Property at
reasonable times to undertake any activities to restore, construct, manage, maintain, enhance. and monitor
the stream, wetland and any other riparian resources in the Conservation Area, in accordance with
restoration activities or a long-term management plan. Unless otherwise specifically set forth in this
Conservation Easement, the rights granted herein do not include or establish for the public any access
rights.
B. Restoration Activities. These activities include planting of trees, shrubs and herbaceous
vegetation, installation of monitoring wells, utilization of heavy equipment to grade, fill, and prepare the
soil, modification of the hydrology of the site, and installation of natural and manmade materials as
needed to direct in -stream, above ground, and subterraneous water flow.
C. Signs. The Grantee, its employees and agents, successors or assigns, shall be permitted to place
signs and witness posts on the Property to include any or all of the following: describe the project,
prohibited activities within the Conservation Easement, or identify the project boundaries and the holder
of the Conservation Easement.
D. Fences. The Grantee, its employees and agents, successors or assigns, shall be permitted to place
fencing on the Property to restrict livestock access. Although the Grantee is not responsible for fence
maintenance, the Grantee reserves the right to repair the fence, at its sole discretion.
ARTICLE IV
ENFORCEMENT AND REMEDIES
A. Enforcement. To accomplish the purposes of this Conservation Easement, Grantee is allowed to
prevent any activity within the Conservation Area that is inconsistent with the purposes of this Easement
and to require the restoration of such areas or features in the Conservation Area that may have been
2

R86043 1A 5114
damaged by such unauthorized activity or use. Upon any breach of the terms of this Conservation
Easement by Grantor, the Grantee shall, except as provided below, notify the Grantor -in writing of such
breach and the Grantor shall have ninety (90) days after receipt of such notice to correct the damage
caused by such breach, if the breach and damage remains uncured after ninety (90) days, the Grantee
may enforce this Conservation Easement by bringing appropriate legal proceedings including an action to
recover damages, as well as injunctive and other relief. The Grantee shall also have the power and
authority, consistent with its statutory authority: (a) to prevent any impairment of the Conservation Area
by acts which may be unlawful or in violation of this Conservation Easement; (b) to otherwise preserve or
protect its interest in the Property; or (c) to seek damages from any appropriate person or entity.
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 is or would irreversibly or
otherwise materially impair the benefits to be derived from this Conservation Easement, and the. Grantor
and Grantee acknowledge that the damage would be irreparable and remedies at law 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.
B. Inspection. The Grantee, its employees and agents, successors and assigns, have the right, with
reasonable notice, to enter the Conservation Area over the Property at reasonable times for the purpose of
inspection to determine whether the Grantor is complying with the terms, conditions and restrictions of
this Conservation Easement.
C. Acts Beyond Grantor's Control. 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 Area caused by third parties, resulting from causes beyond the Grantor's control, including
without limitation, fire, flood, storm, and earth movement, or from any prudent action taken in good faith
by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to life; or
damage to the Property resulting from such causes.
D. Costs of Enforcement. Beyond regular and typical monitoring expenses, any costs incurred by
Grantee in enforcing the terms of this Conservation Easement against Grantor, including, without
limitation, any costs of restoration necessitated by Grantor's acts or omissions in violation of the terms of
this Conservation Easement, shall be borne by Grantor.
E. No Waiver. Enforcement of this Easement shall be at the discretion of the Grantee and any
forbearance, delay or omission by Grantee to exercise its rights hereunder in the event of any breach of
any term set forth herein shall not be construed to be a waiver by Grantee.
ARTICLE V
MISCELLANEOUS
A. 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 invalid, the remainder of the provisions of the
Conservation Easement, 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.
B. Grantor is responsible for any real estate taxes, assessments, fees, or charges levied upon the
Property. 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.
Upkeep of any constructed bridges, fences, or other amenities on the Property are the sole responsibility

RB6043 6114
of the Grantor. 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.
C. Any notices shall be sent by registered or certified mail. return receipt requested to the parties at
their addresses shown herein or to other addresses as either party establishes in writing upon notification
to the other.
D. Grantor shall notify Grantee in writing of the name and address and any party to whom the
Property or any part thereof is to be transferred at or prior to the time said transfer is made. Grantor
further agrees that any subsequent lease, deed, or other legal instrument by which any interest in the
Property is conveyed subject to the Conservation Easement herein created.
E. The Grantor and Grantee agree that the terms of this Conservation Easement shall survive any
merger of the fee and easement interests in the Property or any portion thereof.
F. This Conservation Easement and Right of Access may be amended, but only in writing signed by
all parties hereto, or their successors or assigns, if 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 purposes of the Conservation Easement. The owner of the Property shall notify the U.S. Army Corps
of Engineers in writing sixty (60) days prior to the initiation of any transfer of all or any part of the
Property. Such notification shall be addressed to: Justin McCorkle, General Counsel, US Army Corps of
Engineers, 69 Darlington Avenue, Wilmington, NC 28403
G. The parties recognize and agree that the benefits of this Conservation Easement are in gross and
assignable provided, however, that the Grantee hereby covenants and agrees, that in the event it transfers
or assigns this Conservation Easement, the organization receiving the interest will be a qualified holder
under N.C. Gen. Stat. § 121-34 et seq. and § 170(h) of the Internal Revenue Code, and the Grantee further
covenants and agrees that the terms of the transfer or assignment will be such that the transferee or
assignee will be required to continue in perpetuity the conservation purposes described in this document.

QUIET ARTICLE
VI
F,NT Il gi60'i4iI117I07/14
t1t Nt1I1�IlIIIIII�III�I�III�tII
Grantor reserves all remaining rights accruing from ownership of the Property, including the right
to engage in or permit or invite others to engage in only those uses of the Conservation Area that are
expressly reserved herein, not prohibited or restricted herein, and are not inconsistent with the purposes of
this Conservation Easement. Without limiting the generality of the foregoing, the Grantor expressly
reserves to the Grantor, and the Grantor's invitees and licensees, the right of access to the Conservation
Area, and the right of quiet enjoyment of the Conservation Area
TO HAVE AND TO HOLD, the said rights and easements perpetually unto the Grantee for the
aforesaid purposes.
AND Grantor covenants that Grantor is seized of said premises in fee and has the right to convey
the permanent Conservation Easement herein granted; that the same is free from encumbrances and that
Grantor will warrant and defend title to the same against the claims of all persons whomsoever.
IN TESTIMONY WHEREOF, the Grantor has caused this instrument to be signed in its name
by its Manager as its duly authorized act, the day and year first above written.
GRANTOR: NUTTER FARMS, LLC, a North Carolina limited liability company
By:�• �i(�e J (SEAL)
amR C. NUTTER
Title: MANAGER
NORTH CAROLINA
COUNTY OF ORANGE
aL Dpi , , a Notary Public in and for the County and State aforesaid, do
hereby certify that ROGER C. NUTTER, personally appeared before me this day and acknowledged the
due execution of the foregoing instrument in his capacity as Manager of Nutter Farms, LLC, a North
Carolina limited liability company, as the official act of the said Nutter Farms, LLC.
IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the 19 day of
NOtt4.�nr�zJxJ , 2015.
tpZ�e0,
Notary Public g 1 ,
i as NOTARY
P v
print or type name of Notary Publics;y,
PUBLIC
2
a<
s2 ?CF COU�XAc'
My commission expires:

Exhibit A 11111111111111111
RB6043 171 8114
Description/Depiction of Property
ALL OF THAT CER'T'AIN PARCEL OF LAND, LYING AND BEING SITUATED IN THE
TOWNSHIP OF BINGHAM, COUNTY OF ORANGE, STATE OF NORTH CAROLINA, BEING
COMPRISED OF THREE TRACTS, CONTAINING IN AGGREGATE 229.274 ACRES (9,987,169 SO
FT.), MORE OR LESS, AS SHOWN ON THAT PLAT ENTITLED "CONSERVATION EASEMENT
FOR ROBERT P. NUT'T'ER "MAPLE VIEW FARMS", PREPARED BY CHRISTOPER L. COLE,
NCPLS, DATED OCTOBER 27, 2015, BEARING WSP PROJECT NUMBER 1188329A, AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS: (ALL DISTANCES ARE HORIZONTAL.
GROUND DISTANCES UNLESS NOTED OTHERWISE.)
COMMENCING AT A SET 94 REBAR, THE POINT AND PLACE OF BEGINNING, SAID
RI --.'BAR BEING THE SOUTHEAST CORNER OF (NOW OR FORMERLY) AMY WADDELL DB
1422 PG 515 AND HAVING COORDINATES ON THE NORTH CAROLINA STATE PLANE
COORDINATE SYSTEM (NAD83/201 l) 01= NORTHING: 808,804.34, EASTING: 1,954,360.45, AND
AN AVERAGE COMBINED FACTOR OF: 0.999842615: THENCE FROM THE POINT AND
PLACE OF BEGINNING,
N20 39' 01"E 672.28' (PASSING THROUGH A PUBLIC GAS RIGHT OF WAY AT 18.86' AND
AGAIN AT 72.29') TO A COMPUTED POINT IN THE CENTERLINE OF SR -1104, DAIRYLAND
ROAD;
THENCE ALONG SAID CENTERLINE OF ROAD THE FOLLOWING (14) CALLS:
(1) N64° 07' 41 "E 115.38- TO A COMPUTED POINT,
(2) N64° 317'23"E 135.55' TO A COMPUTED POINT,
(3) N65° 02'39"E 457.09' 1'0 A SET PK NAIL,
(4) THENCE 378.10' ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF
3440.97' AND A CHORD BEARING AND DISTANCE. OF N68° 13'40"E 377.91' TO A COMPUTED
POINT,
(5) N71- 15'03"E 160.53' TO A COMPUTED POINT,
(6) THENCE 470:25' ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF
1818.83' AND A CHORD BEARING AND DISTANCE OF N660 27'24"E 468.94' TO A COMPUTED
POINT,
(7) N59° 26 58"I: 752.02' 1'O A COMPUTED POINT
(8) N59° -)9'3-)"E 420.77' TO A COMPUTED POINT
(9) THENCE 953.34' ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF
950.00' AND A CHORD BEARING AND DISTANCE OF N860 51' 31 "E 913.84' TO A COMPUTED
POINT
(10) S67° I I' IT -E 679.65' TO A COMPUTED POINT,
(11) TI IENCE 218.00' ALONG THE ARC OF A CURVE TO THE RIGHT, IIAVING A RADIUS OF
1326.84' AND A CHORD BEARING AND DISTANCE OF S630 57'39"E 217.76'1'0 A COMPUTED
POINT,
(12) THENCE 415.47' ALONG THE ARC OF A CURVE TO THE RIGHT, I LAVING A RADIUS OF
741.95' AND A CHORD BEARING AND DISTANCE OF 5400 18' 18"E 410.06'4'0 A COMPUTED
POINT,
(13) THENCE 218.24' ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF
880.68' AND A CHORD BEARING AND DISTANCE OF S150 43'40"E 217.68' TO A COMPUTED
POINT,
(14) S9° 26' 35"E 421.07' TO A COMPUTED POINT, THENCE LEAVING THE
AFOREMENTIONED ROAD AND RUNNING WITH THE NORTHERN PROPERTY LINE OF
(NOW OR FORMERLY) ROGER NUTTER DB 3671 PG 380 N80° 29' 40"W 541.97' (PASSING

RB6043 172 9114
THROUGH A FOUND I" IRON PIPE AT 418.34') TO A FOUND I" IRON PIPE,
THENCE CONTINUING WITH THE NORTHERN LINE S890 42' 43"W 258.45' TO A SET #4
REBAR BEING THE NORTHWEST CORNER OF THE AFOREMENTIONED,
THENCE WITH THE WESTERN LINE OF THE AFOREMENTIONED SO° 27'59"E 163.00' TO A
FOUND 1" IRON PIPE AND BEING THE MOST NORTHERN POINTIN (NOW OR FORMERLY)
THOMAS & PATRICIA GRIGGS DB 255 PG 1990 AND RUNNING WITH THEIR WESTERN LINE
S60 08' 15"W 443.61' TO A FOUND ANGLE IRON BEING 1N THE WESTERN LINE OF THE
AFOREMENTIONED AND ALSO A POINT 1N THE NORTHERN LINE. OF (NOW OR
FORMERLY) THOMAS & PATRICIA GRIGGS DB 1295 PG 582 AND BEING LOCATED
N21034'21"E 154.67' FROM A FOUND 44 REBAR,
THENCE FROM THE ANGLE IRON AND RUNNING WITH THE NORTHERN LINE OF THE
AFOREMENTIONED 5900 54' 20"W 1150.45' TO A FOUND '/" IRON PIPE BEING THE
NORTHWEST CORNER OF THE AFOREMENTIONED, THENCE CONTINUING 5260 58' 46"E
215.50' 'TO A FOUND I" IRON PIPE AND BEING THE MOST NORTHEASTERN CORNER OF
(NOW OR FORMERLY) THOMAS AND PATRICIA GRIGGS DB 5225 PG 554 AND RUNNING
WITH THEIR LINE S890 57' 53"W 991.00' TO A FOUND I" IRON PIPE (PASSING BY AN
EASEMENT REFERENCED N PB 57 PG 68 AT 604.51' AND AGAIN AT 892.697) AND BEING
THE NORTHWEST CORNER OF THE AFOREMENTIONED,
THENCE RUNNING WITH THE WESTERN LINE OF THE AFOREMENTIONED SO° 26' 57E
1076.42' "I'O A FOUND I" IRON PIPE (CROSSING THROUGH A PUBLIC GAS RIGHT OF WAY
AT 535.32' AND AGAIN AT 587.49') SAID PIPE BEING N THE WESTERN LINE OF THE
AFOREMENTIONED AND BEING THE NORTHWEST CORNER OF (NOW OR FORMERLY)
THOMAS & PATRICIA GRIGGS DB 5776 PG 488 TRACT -A AND RUNNING W1TL1 THEIR LINE
S890 57'38"W 203.67' TO A FOUND '/'l IRON PIPE AND CONTINUING WITH THEIR LINE S870
34'17"W 1836.30' TO A FOUND 3/a" IRON PIPE AND NAIL SHOT AT THE BASE (PASSING BY A
FOUND 3/d' IRON PIPE AT 873.62' AND BEING 0.40' SOUTH OF THE PROPERTY LINE) SAID
PIPE BEING THE NORTHWEST CORNER OF THE AFOREMENTIONED,
THENCE WITH THE WESTERN LINE OF THE AFOREMENTIONED SIO 09' 06"E 478.43' TO A
CALCULATED POINT (PASSING BY A FOUND #4 REBAR AT 207.18' AND BEING 4.20' WEST
OF THE PROPERTY LINE) THENCE WITH THE NORTHERN LINE OF (NOW OR FORMERLY)
THOMAS CHRISTENSEN DB 5575 PG 348 N810 31' 49"W 475.31' TO A FOUND STONE PILE
(PASSING THROUGH A FOUND I" IRON PIPE AT 292.93') AND BEING A POINT IN THE
NORTHERN LINE OF THE AFOREMEN'T'IONED AND THE SOUTHEAST CORNER OF (NOW OR
FORMERLY) KEITI I TROLLINGER DB 1422 PG 1996,
THENCE LEAVING SAID LINE AND RUNNING WITH TITE EASTERN LINES OF (NOW OR
FORMERLY) KEITH WILLIAM TROLLINGER DB 1422 PG 1996 AND (NOW OR FORMERLY)
CALVIN MELLOT"I' DB 231 PG 44 N1° 56'37"E 1764.82' TO A FOUND 1" SQUARE IRON, SAID
CORNER BEING THE NORTHEASTERN CORNER OF THE MELLOTT TRACT AND ALSO
BEING IN THE SOUTHERN LINE OF (NOW OR FORMERLY) AMY WADDELL DB 1422 PG 515
AND RUNNING WITH HER LINE S880 53' O5"F. 555.57' TO THE POINT AND PLACE OF
BEGINNING.
SOURCE OF TITLE: DB 5707 PG 75; DB 194 PG 652 (TRACT F, TRACT D AND TRACT E)
PIN NUMBER: 9850-58-0672

Exhibit (I�tliISIIlIi918tl§lA��tll'IIIIIIIII��IIIII11III
RB6043 173 10114
Description/Depiction of Conservation Area
ALI, OF THAT CERTAIN PARCEL OF LAND, LYING AND BEING SITUATED IN THE
TOWNSHIP OF BINGHAM, COUNTY OF ORANGE, STATE OF NORTH CAROLINA. BEING
COMPRISED OF THREE TRACTS, CONTAINING IN AGGREGATE 7.663 ACRES (333,778 SO
FT.), MORE OR LESS, AS SHOWN ON THAT PLAT ENTITLED "CONSF,RVATION EASEMENT
FOR ROBERT P. NUTTER "MAPLE VIEW FARMS", PREPARED BY CIIRISTOPER L. COLE,
NCPLS, DATED 'BEARING WSP PROJECT NUMBER 1188329A, AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: (ALL DISTANCES ARE
HORIZONTAL GROUND DISTANCES UNLESS NOTED OTHERWISE.)
COMMENCING AT A SET#4 REBAR AND CAP, THE POINT AND PLACE OF BEGINNING,
AND BEING ON THE NORTHERN "FOP OF BANK OF MORGAN CREEK, SAID POINT ALSO
BEING LOCATED N830 34'27"E 1478.94' FROM A SET 44 REBAR, SAID REBAR BEING THE
POINT OF BEGINNING OF THE PLAT MENTIONED ABOVE AND ALSO HAVING
COORDINATES ON THE NORTH CAROLINA STATE PLANE COORDINATE SYSTEM
(NAD83/2011) OF N: 808,804.34 E: 1,954,360.45, THENCE FROM THE POINT AND PLACE OF
BEGINNING, N230 32' 46"E 128.99' TO A SET 44 REBAR AND CAP BEING AT THE SOUTHERN
EDGE OF AN EXISTING GRAVEL ROAD:
THENCE N750 04' 53"E 141.40' CROSSING AND RUNNING ALONGSIDE THE NORTHERN
EDGE OF THE SAID GRAVEL ROAD TO A SET 44 REBAR AND CAP BEING 5' NORTH OF THE
ROAD; THENCE S710 59'06"E 60.39' CROSSING TO THE SOUTH SIDE OF THE SAME ROAD TO
A SET 44 REBAR AND CAP;
THENCE N890 48' 54"E 53.85' TO A SET #4 REBAR AND CAP; THENCE N90 28' 50"E 57.00'
CROSSING BACK TO THE NORTH SIDE OF 'rnE SAID ROAD AND RUNNING ALONGSIDE
THE NORTH EDGE AN AVERAGE DISTANCE, OF 8' NORTH OF THE EDGE N720 32' 25"E
499.97' (PASSING THROUGH A SET 94 REBAR AT 252.74') TO A SET 44 REBAR AND CAP;
THENCE N680 21'02"E 77.11' TO A SET 94 REBAR AND CAP; THENCE N340 43' 13"E 88.80' TO
A SET #4 REBAR AND CAP; THENCE: S890 33'51 "E 89.56' TO A SET 94 REBAR AND CAP:
THENCE N880 06'06"E 105.64' (CROSSING THE CENTERLINE OF A STREAM AT 41.60') TO A
SET 44 REBAR AND CAP; THENCE S620 17' 45"E 129.28' TO A SET 94 REBAR AND CAP;
THENCE S12019' 17"F. 48.28' TOA SET #4 REBAR AND CAP: 'THENCE S880 24' 43"E 29.31' TOA
SET 44 REBAR AND CAP; THENCE N560 54' 39"E 50.95' TO A SET #4 REBAR AND CAP;
THENCE NO0 59' 1 I "W 81.89' TO A SET #4 REBAR AND CAP; THENCE, N89° 31'38"E 201.25" TO
A SET #4 REBAR AND CAP ON TIME WESTERN TOP OF BANK:
THENCE FOLLOWING THE WESTERN AND NORTHERN TOP OF BANK OF MORGANS CREEK
THE FOLLOWING FIFTY-FOUR (54) CALLS:
( I ) S50 54' 52"W 21.64'
(2) S320 28'27"E 21.71'
(3) S00 39' 24"W 52.35'
(4) SI 0- 20' 25"W 46.14'
(5) S310 38' 16"W 1119'
(6) S 170 57' 14"W 72.04'
(7) 5250 3609"W 43.19'
(8) N540 25'26"W 29.64'
Im

(9) 5560 54'39"W 25.28'
(10) 100 23' 03"E 13.74'
(1 1) S450 04'30"E 11.56'
(12) S290 28' 18"W 31.92'
(13) S190 08'39"E 14.39'
(14) S35° 27'40"W 27.71'
(15) S50 09' I7"W 9.33'
(16) S46° 13' 17W 2231
(17) S730 22' 16"W 23.47'
(18) S310 23' 22"W 10.96'
(19) N64° 01'42"W 23.32'
(20) N660 25'45"W 26.53'
(21) 5890 42'25"W 20.86'
(22) S60° 58'06"W 34.34'
(23) S140 07' 15"W 38.27-
(24) S490 25'02"W 16.47-
(25) N460 37' 10"W 55.92'
(26) N520 05' 19"W 48.92'
(27) NI00 18'37"W 66.39'
(28) N370 10' 17"W 84.73'
(29) N210 06'25"W 24.93'
(30) S820 03' 12"W 66.80-
(3 1) N89- 33'
6.80'(31)N89033' 51"W 55.91-
(32) 5530 I S'5 I "W 125.24'
(33) S690 03'04"W 79.82'
(34) N620 01'35"W 44.85'
(35) N810 52'55"W 53.29'
(36) S730 10' 48"W 64.96'
(37) N770 41' 15"W 45.58'
(38) N590 34'42"W 26.42'
(39) 5810 43'5 1 "W 26.67'
(40) S460 -)2'44"W 37.80'
(41) S60 20'49"W 79.31'
(42) 5100 56' 27E 70.12'
(43) S260 20'47"W 45.09'
(44) S52° 17' 17"W 96.29'
(45) N840 36'47"W 41.29'
(46) N700 13' 14"W 44.62'
(47) N61- 36'37"W 18.23'
(48) N780 14'50"W 23.13'
(49) N71° 44' 10"W 26.07'
(50) S87° 56' 19"W 45.03'
(5 1) N730 58' 4211W 54.14'
(52) N71 ° 10' 38"W 110.62'
(53) S800 09'32"W 27.61'
RB6043 174 11114

(54) N62° 41'28"W 41.69' TO A SET 94 REBAR, THE POINT AND PLACE OF BEGINNING
SOURCE OF TITLE: DB 5707 PG 75; DB 194 PG 652 (TRACT F) 1111111111111111111
RB6043 175 12/14
PIN NUMBER: 9850-58-0672

Exhibit C 1111 11110111R86043 176 13114
Description/Depiction of Ingress -Egress -Regress Easement
ALI, OF THAT CERTAIN PARCEL OF LAND, LYING AND BEING SITUATED IN THE
TOWNSHIP OF BINGHAM, COUNTY OF ORANGE, STATE OF NORTH CAROLINA, BEING
COMPRISED OF THREE TRACTS, CONTAINING IN AGGREGATE 0.858 ACRES (37,366 SQ FTJ,
MORE OR LESS, AS SHOWN ON THAT PLAT ENTITLED "CONSERVATION EASEMENT FOR
ROBERT' P. NUTTER "MAPLE VIEW FARMS", PREPARED BY CHRISTOPE,R L. COLE, NCPLS,
DATED , BEARING WSP PROJECT NUMBER 1188329A, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: (ALL DISTANCES ARE HORIZONTAL GROUND
DISTANCES UNLESS NOTED OTHERWISE.)
COMMENCING AT A COMPUTED POINT, THE POINT AND PLACE OF BEGINNING, SAID
POINT BEING THE NORTHWEST CORNER OF THE EASEMENT DESCRIBED HEREIN AND
ALSO BEING LOCATED N750 31'33"E 404.17' FROM A PK NAIL, SET IN DAIRYLAND ROAD
(SR -1104), THENCE FROM THE POINT AND PLACE OF BEGINNING, THENCE N71° 15'03"E
30.17' TO A POINT; THENCE S12° 37'52"E 88.88' TO A POINT; THENCE S18° 52'50"E 181.86'
TO A POINT; THENCE S23° 49' 04"E 105.28' TO A POINT; THENCE S2 0P 51"E 52.06' TO A
POINT; THENCE S24° 59'33)"E 79.99' TO A POINT; THENCE S28° 29'08"L 102.04' TO A POINT:
THENCE S330 10'42"E 126.56' TO A POINT: THENCE S39° 16'27"E 74.98' TO A POINT; THENCE
S520 12'41"E 76.62' TO A POINT; THENCE N75° 04'53"E 164.73' TO A POINT;
THENCE S140 55'07"E 30.00' TO A 44 RE13AR IN TILE NORTHERN LINE OI" A CONSERVATION
EASEMI?NT AS REFERENCED ABOVE AND RUNNING WITH A COMMON BORDER FOR THE
FOLLOWING TWO (2) CALLS;
(1) S75° 04'53"W 141.40' TO A SET #4 REBAR;
(2) S23° 32' 46"W 128.99' TO A #4 REBAR ON THE NORTHERN TOP OF BANK OF MORGANS
CREEK; THENCE LEAVING THE SAID EASEMENT AND CROSSING THE CREEK S23° 32' 58"W
187.25' TO A POINT IN THE NORTHERN LINE OF AN EXISTING EASEMENT PB 57 PG 68 (AND
CROSSING OVER AN EXISTING CONSERVATION EASEMENT (PB 88 PG 83) AT 37.59');
THENCE RUNNING WITH THE NORTHERN LINE OF THE EASEMENT REFERENCED IN PB 57
PG 68 N780 01'05"W 10.21' TO A POINT; THENCE LF,AVING THE SAID LINE
N230 32' 49"E 229.97 (CROSSING THE SAME CONSERVATION EASEMENT REFERENCED IN
PB 88 PG 83) TO A POINT;
THENCE 15453' ALONG THE ARC OFA CURVE TO THE LEFT HAVING A RADIUS OF 159.53'
AND A CHORD BEARING AND DISTANCE OF N280 17' 21 "W 142.24' TO A POINT;
THENCE. N390 16' 49"W 80.01' TO A POINT; THENCE N33° 10' 42"W 12939' TO A POINT:
THENCE N280 29' 08"W 104.19' TO A POINT; THENCE N24° 59' 33"W 81.94' TO A POINT:
THENCE N210 01' 51"W 52.37' TO A POINT; THENCE N23° 49' 04"W 105.84' TO A POINT;
THENCE N180 52'50"W 184.79' TO A POINT N120 37'52"W 87.31' TO A POINT; TO THE POINT
AND PLACE OF BEGINNING.
SOURCE OF TITLE: DB 5707 PG 75; DB 194 PG 652 (TRACTF)
PIN NUMBER: 9850-58-0672
13

Exhibit D 1I11RIIMITIIIIIIIIIIIIIIII�III�IIIIIII
RB6043 177 14174
Survey
For survey of the Conservation Area and Access Easement, see the survey recorded in Plat Book
page 3tL, Orange County Registry.
14

CERTIFICATE OF SURVEY AND ACCURACY
I, CHRISTOPHER L COLE, CERTIFY THAT THIS PLAT WAS DRAWN
UNDER MY SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY
SUPERVISION (DEED DESCRIPTION RECORDED IN (REFERENCES AS
SHOWN); THAT THE BOUNDARIES NOT SURVEYED ARE CLEARLY
INDICATED AS DRAWN FROM INFORMATION FOUND IN (REFERENCES AS
SHOWN); THAT THE RATIO OF PRECISION AS CALCULATED EXCEEDS
1:15,000; AND THAT THIS MAP MEETS THE REQUIREMENTS OF THE
STANDARDS OF PRACTICE FOR LAND SURVEYING IN NORTH CAROLINA
(21 NCAC 56.1600); THAT THE GLOBAL POSITIONING SYSTEM (GPS)
SURVEY AND THE FOLLOWING INFORMATION WAS USED TO PERFORM
THE GPS (GNSS) SURVEY:
CLASS OF SURVEY: A
POSITIONAL ACCURACY: DOES NOT EXCEED 0.07 FEET
TYPE OF GPS FIELD PROCEDURE: RTK VRS
DATE OF SURVEY: 11-20-2015
DATUM/EPOCH: NAD83(2011)
GEOID MODEL: GEOID12A
COMBINED GRID FACTOR: CGF = 0.9998522730
UNITS: US SURVEY FEET
THAT THE SURVEY IS OF AN EXISTING PARCEL OR PARCELS OF LAND
AND DOES NOT CREATE A NEW STREET OR CHANGE AN EXISTING
STREET.
WITNESS MY ORIGINAL SIGNATURE, REGISTRATION NUMBER AND SEAL
THIS 6TH DAY OF MAY, A.D., 2014.
CHRISTOPHER L. COLE
REGISTRATION/LICENSE NO. NCPLS L-5008
NOW OR FORMERLY
WILLIAM NOLAND
PIN 9850-39-5287
DB 5166 PG 478
r
1" SQUARE IRON
(FOUND)
S89'25'26"E 2101.53' (GROUND)
PK NAIL 2101.20' (GRID)
(FOUND) (TIE)
AT
INTERSECTION
OF DAIRYLAND
ROAD AND
DODSONS
CROSSROADS
NOW OR FORMERLY
CALVIN MELLOTT
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N: 805720.86
E: 1952781.04
NAD83/2011 \
TO INVESTORS TITLE INSURANCE COMPANY; TRIANGLE LAND
CONSERVANCY; WILLIAMS ANDERSON RYAN & CARROLL LLP AND
CHESHIRE & PARKER
THIS IS TO CERTIFY THAT THIS MAP OR PLAT AND THE SURVEY ON
WHICH IT IS BASED WERE MADE IN ACCORDANCE WITH THE "2016
MINIMUM STANDARD DETAIL REQUIREMENTS FOR ALTA/ACSM LAND
TITLE SURVEYS," JOINTLY ESTABLISHED AND ADOPTED BY ALTA AND
NSPS, AND INCLUDES THE FOLLOWING ITEMS IN TABLE A THEREOF: 1,
2, 3, 4, 6(A)(B), 8, 9, 11, 13, 16, 19,
CHRISTOPHER L. COLE
REGISTRATION/LICENSE NO. NCPLS L-5008
NOW OR FORMERLY
PAUL & TERRY MITALAS
PIN 9851-40-6548
\ DB 5869 PG 64
PB 76 PG 1988
\ NOW OR FORMERLY
LUELLA
SIMOPOULOS
NOW OR FORMERLY PIN 9851-50-0440
DB 1856 PG 533
TOM CHARLES BUSH
PB 76 PG 198
PIN 9851-40-6202
DB 3391 PG 154
PB 76 PG 198
PRELIMINARY MAP
NOT FOR RECORDING, SALES,
OR CONVEYANCE
/ I
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MAPLE VIEW II
HOMEOWNERS
ASOC. INC.
PIN 9851-50-2883
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PL / DAS y 460 L67 62 C3 1/2"IRON PIPE 191.7 DB 5707 PG 75 (PARCEL -C) 901.59'
#4 REBAR -p 0 N�
PS 71va / 21' RW�UND) NOW OR FORMERLY
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NOTE:
L38 IS THE BEARING AND
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CALCULATED POINT TO THE
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NOT THE 1/2" IRON ROD.
NOW OR FORMERLY
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CHRISTENSEN 200 0 100
PIN 9850-36-8790
DB 5575 PG 348
NOW OR FORMERLY
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DB 5707 PG 75
(DB 194 PG 652
TRACT F)
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S87 -34'17"W 1836.30' PL
873.62'
PL 3/4" IRON PIPE
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THOMAS & PATRICIA OF PROPERTY
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PIN 9850-57-2232 (FOUND)
DB 5776 PG 488
PB 112 PG 146
(TRACT A)
-PL-
GRAPHIC SCALE
200 400
( IN FEET )
1 inch = 200 ft.
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PIN 9850-36-8790
DB 5575 PG 348
NOW OR FORMERLY
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PIN 9850-58-0672
DB 5707 PG 75
(DB 194 PG 652
TRACT F)
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S87 -34'17"W 1836.30' PL
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(TRACT A)
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DB 5776 PG 488
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M
L2
S1 8'52'50"E
181.86
ori
S23°49'04"E
105.28
L4
S21 °01'51 "E
52.06
L5
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L6
S28°29'08"E
102.04
L7
S33'1 0'42"E
126.56
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74.98
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r
76.62
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S14'55'07"E
7.50
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129.39
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L18
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L19
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87.31
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(PARCEL C)
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rn
00
00
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(TOTAL)
S89'57'38"W 1"IRON
203.67' PIPE
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TOTAL AREA SURVEYED: 9,987,169 S.F./229.274 AC
AREA IN NEW CONSERVATION EASEMENT., 333,778 S.F./7.663 AC
INGRESS/EGRESS/REGRESS EASEMENT AREA:41,667 S.F./0.957 AC
HOME SITE "A":60,000 S.F./ 1.377 AC
HOME SITE "B":24,417 S.F./0.561 AC
NET TOTAL ACREAGE: 9,531,608 S.F./ 218.816 AC
J
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PIN 9850-67-8850
DB 5225 PG 554
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LINE TABLE
LINE
BEARING
LENGTH
L1
S12°37'52"E
88.88
L2
S1 8'52'50"E
181.86
L3
S23°49'04"E
105.28
L4
S21 °01'51 "E
52.06
L5
S24'59'33"E
79.99
L6
S28°29'08"E
102.04
L7
S33'1 0'42"E
126.56
L8
S39'16'27"E
74.98
L9
S52'12'41 "E
76.62
L10
N75'04'53"E
164.73
L11
N23'32'49"E
146.13
L12
S14'55'07"E
7.50
L13
N23'32'49"E
83.84
L14
S23'32'49"W
37.59
L15
N39'16'49"W
80.01
L16
N33'10'42"W
129.39
L17
N28'29'08"W
104.19
L18
N24'59'33"W
81.94
L19
N21'01'51"W
52.37
L20
N23'49'04"W
105.84
L21
N18'52'50"W
184.79
L22
N12'37'52"W
87.31
L23
N71'15'03"E
30.17
LINE TABLE
LINE
BEARING
LENGTH
L24
N23°32'46"E
128.99
L25
N75°04'53"E
141.40
L26
N68°21'02"E
77.11
L27
S89°33'51 "E
89.56
L28
N34'43'13"E
88.80
L29
S71°59'06"E
60.39
L30
S21'34'21 "W
154.67
L31
S23'32'49"W
149.66
L32
S00'27'59"E
163.00
L33
N65'08'52"E
60.54
L34
N64'07'41 "E
115.38
L35
N64'37'23"E
135.55
L36
N71 *15'03"E
160.53
L37
N60'04'25"W
88.70
L38
N81'31'49"W
475.31
L39
S56'37'00"W
87.88
L40
S55'52'55"W
87.35
L41
S49'59'40"W
56.36
L42
S51'03'43"W
67.35
L43
S50'31'1 5"W
54.02
L44
S49'48'03"W
51.73
L45
S61'08'37"W
61.21
L46
S53 -54'12"W
54.06
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1150.45 �� o (FOUND) SURVEY FEET UNLESS OTHERWISE NOTED.
/ S80°54'20
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(FOUND) INFORMATION REFERENCED ON THE FACE OF THIS PLAT.
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CURVE TABLE
PLS CURVE RADIUS LENGTH BEARING CHORD
LINE TABLE
LINE
BEARING
LENGTH
L47
S62°23'20"W
63.94
L48
S58'39'56"W
63.17
L49
S56°25'47"W
65.07
L50
S44'53'25"W
34.57
L51
N75°27'39"W
39.65
L52
S21'06'01 "W
41.69
L53
S72'44'03"W
11.07
L54
N47'52'35"W
42.65
L55
N72'55'19"W
65.80
L56
N77'53'49"W
49.37
L57
N38'09'59"W
25.39
L58
N82'52'39"W
104.73
L59
N66'47'03"W
52.42
L60
N70'34'47"W
57.76
L61
N78'09'22"W
60.02
L62
S6216'03"W
64.95
L63
S26'25'31 "W
40.95
L64
N69'16'15"W
20.22
L65
S78'27'43"W
78.99
L66
S82'54'25"W
59.07
L67
S64'02'05"W
73.03
L68
S74'1 3'45"W
42.98
L69
N80'31'11"W
25.63
LINE TABLE
LINE
BEARING
LENGTH
L70
S54°00'21 "W
27.18
L71
S84°11'22"W
26.66
L72
N70°49'02"W
54.56
L73
N86'40'30"W
44.58
L74
N67'39'13"W
53.40
L75
N69°02'04"W
65.51
L76
N82'44'37"W
70.16
L77
N77'13'36"W
60.54
L78
N89'48'54"E
53.85
L79
N09'28'50"E
57.00
L80
N88'06'06"E
105.64
L81
S62'17'45"E
129.28
L82
S12*19'17"E
48.28
L83
S88'24'43"E
29.31
L84
N56'54'39"E
50.95
L85
N62'41'28"W
41.69
L86
S80'09'32"W
27.61
L87
N71'10'38"W
110.62
L88
N73'58'42"W
54.14
L89
S87'56'19"W
45.03
L90
N73'20'33"W
21.65
L91
N75'47'18"W
17.17
L92
N66'52'14"W
28.33
LINE TABLE
LINE
BEARING
LENGTH
L93
N70'13'14"W
44.62
L94
N84°36'47"W
41.29
L95
S52'17'17"W
96.29
L96
S26'20'47"W
45.09
L97
S10°56'27"E
70.12
L98
S06°20'49"W
79.31
L99
S46'32'44"W
37.80
L100
S81'43'51 "W
26.67
L101
N59'34'42"W
26.42
L102
N77'41'15"W
45.58
L103
S73'10'48"W
64.96
L104
N81'52'55"W
53.29
L105
N62'01'35"W
44.85
L106
S69'03'04"W
79.82
L107
S53'15'51 "W
125.24
L108
N89'33'51"W
55.93
L109
S82'03'12"W
66.80
L110
N21'06'25"W
24.93
L111
N37'10'17"W
84.73
L112
N10'18'37"W
66.39
L113
N52'05'19"W
48.92
L114
N46'37'10"W
55.92
L115
S49'25'02"W
16.47
'O
r
PL
LINE TABLE
LINE
BEARING
LENGTH
L116
S14°07'15"W
38.27
L117
S60'58'06"W
34.34
L118
S89°42'25"W
20.86
L119
N66'25'45"W
26.53
L120
N64'01'42"W
23.32
L121
S31 °23'22"W
10.96
L122
S73'22'1 6"W
23.47
L123
S46'13'17"W
22.31
L124
S05'09'1 7"W
9.33
L125
S35'27'40"W
27.71
L126
S19'08'39"E
14.39
L127
S29'28'18"W
31.92
L128
S45'04'30"E
11.56
L129
S10'23'03"E
13.74
L130
S56'54'39"W
25.28
L131
N54'25'26"W
29.64
L132
S25'36'09"W
43.19
L133
S17'57'14"W
72.04
L134
S31'38'16"W
12.19
L135
S10'20'25"W
46.14
L136
S00'39'24"W
52.35
L137
S32'28'27"E
21.71
L138
S05'54'52"W
21.64
LINE TABLE
LINE
BEARING
LENGTH
L139
S14°55'07"E
7.50
C1
C1
702.82
302.48
S29'30'56"E
300.16
C2
382.74
241.64
S59°55'54"E
237.65
C3
442.74
279.52
N59°55'54"W
274.90
C4
762.82
328.31
N29°30'56"W
325.78
C5
3440.97
378.10
N68'13'40"E
377.91
C6
1818.83
470.25
N66'27'24"E
468.94
C7
950.00
953.34
N86°51'31"E
913.84
C8
1326.84
218.00
S63°57'39"E
217.76
C9
741.95
415.47
S40'18'18"E
410.06
C10
880.68
218.24
S15°43'40"E
217.68
C11
159.53
147.43
N28°17'21"W
142.24
C12
52.50
82.47
S59'55'07"E
74.25
C13
1 37.50
1 58.90
1 N59°55'07"W
53.03

LEGAL DESCRIPTION -TOTAL
MAPLE VIEW FARMS
ALL OF THAT CERTAIN PARCEL OF LAND, LYING AND BEING SITUATED IN THE TOWNSHIP OF BINGHAM, COUNTY OF ORANGE, STATE OF NORTH CAROLINA, BEING
COMPRISED OF THREE TRACTS, CONTAINING IN AGGREGATE 229.274 ACRES (9,987,169 SQ FT.), MORE OR LESS, AS SHOWN ON THAT PLAT ENTITLED
"CONSERVATION EASEMENT FOR ROBERT P. NUTTER "MAPLE VIEW FARMS", PREPARED BY CHRISTOPER L. COLE, NCPLS, DATED , BEARING
WSP PROJECT NUMBER 1188329A, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: (ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES UNLESS
NOTED OTHERWISE.)
COMMENCING AT A SET #4 REBAR, THE POINT AND PLACE OF BEGINNING, SAID REBAR BEING THE SOUTHEAST CORNER OF (NOW OR FORMERLY) AMY WADDELL
DB 1422 PG 515 AND HAVING COORDINATES ON THE NORTH CAROLINA STATE PLANE COORDINATE SYSTEM (NAD83/2011) OF NORTHING: 808,804.34, EASTING:
1,954,360.45, AND AN AVERAGE COMBINED FACTOR OF: 0.999842615; THENCE FROM THE POINT AND PLACE OF BEGINNING,
N2" 39'01"E 672.28' (PASSING THROUGH A PUBLIC GAS RIGHT OF WAY AT 18.86' AND AGAIN AT 72.29')TO A COMPUTED POINT IN THE CENTERLINE OF SR -1104,
DAIRYLAND ROAD; THENCE ALONG SAID CENTERLINE OF ROAD THE FOLLOWING (14) CALLS:
(1) N64° 07'41"E 115.38' TO A COMPUTED POINT,
(2) N64° 37'23"E 135.55' TO A COMPUTED POINT,
(3) N65° 02'39"E 457.09' TO A SET PK NAIL,
(4) THENCE 378.10' ALONG THE ARC OF A CURVE TO THE RIGHT,HAVING A RADIUS OF 3440.97' AND A CHORD BEARING AND DISTANCE OF N68° 13' 40"E 377.91'
TO A COMPUTED POINT,
(5) N71° 15'03"E 160.53' TO A COMPUTED POINT,
(6) THENCE 470.25' ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 1818.83' AND A CHORD BEARING AND DISTANCE OF N66° 27' 24"E 468.94'
TO A COMPUTED POINT,
(7) N59° 26' 58"E 752.02' TO A COMPUTED POINT
(8) N59° 39'33"E 420.77' TO A COMPUTED POINT
(9) THENCE 953.34' ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 950.00' AND A CHORD BEARING AND DISTANCE OF N86° 51' 31"E 913.84'
TO A COMPUTED POINT
(10) S67° 11' 14"E 679.65' TO A COMPUTED POINT,
(11) THENCE 218.00' ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 1326.84' AND A CHORD BEARING AND DISTANCE OF S63 -57-39--E 217.76'
TO A COMPUTED POINT,
(12) THENCE 415.47' ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 741.95' AND A CHORD BEARING AND DISTANCE OF S40° 18-18-E 410.06'
TO A COMPUTED POINT,
(13) THENCE 218.24' ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 880.68' AND A CHORD BEARING AND DISTANCE OF S15° 43-40"E 217.68'
TO A COMPUTED POINT,
(14) S9° 26' 35"E 421.07' TO A COMPUTED POINT, THENCE LEAVING THE AFOREMENTIONED ROAD AND RUNNING WITH THE NORTHERN PROPERTY LINE OF
(NOW OR FORMERLY) ROGER NUTTER DB 3671 PG 380 N80° 29-40"W541.97- (PASSING THROUGH A FOUND 1" IRON PIPE AT 418.34') TO A FOUND 1" IRON PIPE,
THENCE CONTINUING WITH THE NORTHERN LINE S89° 42'43"W 258.45TO A SET #4 REBAR BEING THE NORTHWEST CORNER OF THE AFOREMENTIONED, THENCE
WITH THE WESTERN LINE OF THE AFOREMENTIONED SO' 27'59"E 163.00' TO A FOUND 1" IRON PIPE AND BEING THE MOST NORTHERN POINT IN (NOW OR
FORMERLY) THOMAS & PATRICIA GRIGGS
DB 255 PG 1990 AND RUNNING WITH THEIR WESTERN LINE S6° 08'15"W 443.61' TO A FOUND ANGLE IRON BEING IN THE WESTERN LINE OF THE
AFOREMENTIONED AND ALSO A POINT IN THE NORTHERN LINE OF (NOW OR FORMERLY) THOMAS & PATRICIA GRIGGS DB 1295 PG 582 AND BEING LOCATED
N21°34'21"E 154.67' FROM A FOUND #4 REBAR, THENCE FROM THE ANGLE IRON AND RUNNING WITH THE NORTHERN LINE OF THE AFOREMENTIONED
S80° 54'20"W 1150.45' TO A FOUND A" IRON PIPE BEING THE NORTHWEST CORNER OF THE AFOREMENTIONED, THENCE CONTINUING S26° 58-46"E 215.50' TO A
FOUND 1" IRON PIPE AND BEING THE MOST NORTHEASTERN CORNER OF (NOW OR FORMERLY) THOMAS AND PATRICIA GRIGGS DB 5225 PG 554 AND RUNNING
WITH THEIR LINE S89° 57'53"W 991.00' TO A FOUND 1" IRON PIPE (PASSING BY AN EASEMENT REFERENCED IN PB 57 PG 68 AT 604.51' AND AGAIN AT 892.69')
AND BEING THE NORTHWEST CORNER OF THE AFOREMENTIONED, THENCE RUNNING WITH THE WESTERN LINE OF THE AFOREMENTIONED SO- 26-57--E 1076.42'
TO A FOUND 1" IRON PIPE (CROSSING THROUGH A PUBLIC GAS RIGHT OF WAY AT 535.32' AND AGAIN AT 587.49') SAID PIPE BEING IN THE WESTERN LINE OF THE
AFOREMENTIONED AND BEING THE NORTHWEST CORNER OF (NOW OR FORMERLY) THOMAS & PATRICIA GRIGGS DB 5776 PG 488 TRACT -A AND RUNNING WITH
THEIR LINE S89° 57'38"W 203.67' TO A FOUND %" IRON PIPE AND CONTINUING WITH THEIR LINE S87° 34'17"W 1836.30' TO A FOUND %" IRON PIPE AND NAIL
SHOT AT THE BASE (PASSING BY A FOUND %" IRON PIPE AT 873.62' AND BEING 0.40' SOUTH OF THE PROPERTY LINE) SAID PIPE BEING THE NORTHWEST CORNER OF
THE AFOREMENTIONED, THENCE WITH THE WESTERN LINE OF THE AFOREMENTIONED S1° 09' 06"E 478.43' TO A CALCULATED POINT (PASSING BY A FOUND #4
REBAR AT 207.18' AND BEING 4.20' WEST OF THE PROPERTY LINE) THENCE WITH THE NORTHERN LINE OF (NOW OR FORMERLY) THOMAS CHRISTENSEN DB 5575 PG
348 N81° 31'49"W 475.31' TO A FOUND STONE PILE (PASSING THROUGH A FOUND 1" IRON PIPE AT 292.93') AND BEING A POINT IN THE NORTHERN LINE OF THE
AFOREMENTIONED AND THE SOUTHEAST CORNER OF (NOW OR FORMERLY) KEITH TROLLINGER DB 1422 PG 1996, THENCE LEAVING SAID LINE AND RUNNING WITH
THE EASTERN LINES OF (NOW OR FORMERLY) KEITH WILLIAM TROLLINGER DB 1422 PG 1996 AND (NOW OR FORMERLY) CALVIN MELLOTT DB 231 PG 44 N1° 56'
37"E 1764.82' TO A FOUND 1" SQUARE IRON, SAID CORNER BEING THE NORTHEASTERN CORNER OF THE MELLOTT TRACT AND ALSO BEING IN THE SOUTHERN LINE
OF (NOW OR FORMERLY) AMY WADDELL DB 1422 PG 515 AND RUNNING WITH HER LINE S88° 53'05"E 555.57' TO THE POINT AND PLACE OF BEGINNING.
SOURCE OF TITLE: DB 5707 PG 75; DB 194 PG 652 (TRACT F, TRACT D AND TRACT E)
PIN NUMBER: 9850-58-0672
LEGAL DESCRIPTION
MAPLE VIEW FARMS
CONSERVATION EASEMENT
ALL OF THAT CERTAIN PARCEL OF LAND, LYING AND BEING SITUATED IN THE TOWNSHIP OF BINGHAM,
COUNTY OF ORANGE, STATE OF NORTH CAROLINA, BEING COMPRISED OF THREE TRACTS, CONTAINING IN
AGGREGATE 7.663 ACRES (333,778 SQ FT.), MORE OR LESS, AS SHOWN ON THAT PLAT ENTITLED
"CONSERVATION EASEMENT FOR ROBERT P. NUTTER "MAPLE VIEW FARMS", PREPARED BY CHRISTOPER L.
COLE, NCPLS, DATED , BEARING WSP PROJECT NUMBER 1188329A, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: (ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES UNLESS
NOTED OTHERWISE.)
COMMENCING AT A SET #4 REBAR AND CAP, THE POINT AND PLACE OF BEGINNING, AND BEING ON THE
NORTHERN TOP OF BANK OF MORGAN CREEK, SAID POINT ALSO BEING LOCATED N83° 34,27--E 1478.94'
FROM A SET #4 REBAR, SAID REBAR BEING THE POINT OF BEGINNING OF THE PLAT MENTIONED ABOVE AND
ALSO HAVING COORDINATES ON THE NORTH CAROLINA STATE PLANE COORDINATE SYSTEM (NAD83/2011)
OF N:808969.82, E:1955829.86, THENCE FROM THE POINT AND PLACE OF BEGINNING, N23° 32' 46"E
128.99' TO A SET #4 REBAR AND CAP BEING AT THE SOUTHERN EDGE OF AN EXISTING GRAVEL ROAD;
THENCE N75° 04'53"E 141.40' CROSSING AND RUNNING ALONGSIDE THE NORTHERN EDGE OF THE SAID
GRAVEL ROAD TO A SET #4 REBAR AND CAP BEING 5' NORTH OF THE ROAD; THENCE S71° 59'06"E 60.39'
CROSSING TO THE SOUTH SIDE OF THE SAME ROAD TO A SET #4 REBAR AND CAP; THENCE N89'48' 54"E
53.85' TO A SET #4 REBAR AND CAP; THENCE N9° 28'50"E 57.00' CROSSING BACK TO THE NORTH SIDE OF THE
SAID ROAD AND RUNNING ALONGSIDE THE NORTH EDGE AN AVERAGE DISTANCE OF 8' NORTH OF THE EDGE
N72° 32'25"E 499.97' (PASSING THROUGH A SET #4 REBAR AT 252.74') TO A SET #4 REBAR AND CAP; THENCE
N68° 21'02"E 77.11' TO A SET #4 REBAR AND CAP; THENCE N34° 43' 13"E 88.80' TO A SET #4 REBAR AND CAP;
THENCE S89° 33'51"E 89.56' TO A SET #4 REBAR AND CAP; THENCE N88° 06' 06"E 105.64' (CROSSING THE
CENTERLINE OF A STREAM AT 41.60') TO A SET #4 REBAR AND CAP; THENCE S62° 17'45"E 129.28' TO A SET #4
REBAR AND CAP; THENCE S12° 19' 17"E 48.28' TO A SET #4 REBAR AND CAP; THENCE S88° 24' 43"E 29.31' TO
A SET #4 REBAR AND CAP; THENCE N56° 54'39"E 50.95' TO A SET #4 REBAR AND CAP; THENCE NO' 59' 11"W
81.89' TO A SET #4 REBAR AND CAP; THENCE N89° 31'38"E 201.25' TO A SET #4 REBAR AND CAP ON THE
WESTERN TOP OF BANK OF MORGAN'S CREEK; THENCE FOLLOWING THE WESTERN AND NORTHERN TOP OF
BANK OF MORGAN'S CREEK THE FOLLOWING
FIFTY-FOUR (54) CALLS:
(1) S05° 54' 52"W 21.64'
(2) S32° 28' 27"E 21.71'
(3) SOO' 39' 24"W 52.35'
(4) S10° 20' 25"W 46.14'
(5) S31° 38' 16"W 12.19'
(6) S17° 57' 14"W 72.04'
(7) S25° 36' 09"W 43.19'
(8) N54° 25' 26"W 29.64'
(9) S56° 54' 39"W 25.28-
(10) S10° 23'03"E 13.74'
(11) S45- 04'30"E 11.56'
(12) S29° 28' 18"W 31.92'
(13) 519° 08'39"E 14.39'
(14) S35° 27'40"W 27.71'
(15) S05° 09' 17"W 9.33-
(16) S46° 13'17"W 22.31'
(17) S73° 22' 16"W 23.47'
(18) S31° 23' 22"W 10.96'
(19) N64° 01' 42"W 23.32-
(20) N66° 25' 45"W 26.53-
(21) S89° 42'25"W 20.86'
(22) S60° 58'06"W 34.34'
(23) S14° 07' 15"W 38.27'
(24) S49° 25'02"W 16.47'
(25) N46° 37' 10"W 55.92-
(26) N52° 05' 19"W 48.92-
(27) N10° 18'37"W 66.39-
(28) N37° 10' 17"W 84.73-
(29) N21° 06' 25"W 24.93'
(30) S82° 03' 12"W 66.80'
(31) N89° 33' 51"W 55.93-
(32) S53° 15'51"W 125.24-
(33) S69° 03'04"W 79.82'
(34) N62° 01' 35"W 44.85-
(35) N81° 52'55"W 53.29'
(36) S73° 10'48"W 64.96'
(37) N77° 41' 15"W 45.58-
(38) N59° 34' 42"W 26.42-
(39) S81° 43'51"W 26.67'
(40) S46° 32'44"W 37.80'
(41) S06- 20'49"W 79.31'
(42) S10° 56' 27"E 70.12'
(43) S26° 20'47"W 45.09'
(44) S52° 17' 17"W 96.29'
(45) N84° 36' 47"W 41.29-
(46) N70° 13'14"W 44.62-
(47) N66° 52' 14"W 28.33-
(48) N75° 47' 18"W 17.17-
(49) N73° 20' 33"W 21.65-
(50) S87° 56' 19"W 45.03'
(51) N73° 58' 42"W 54.14-
(52) N71° 10' 38"W 110.62'
(53) S80° 09'32"W 27.61'
(54) N62° 41'28"W 41.69' TO A SET #4 REBAR, THE POINT AND PLACE OF BEGINNING.
SOURCE OF TITLE: DB 5707 PG 75; DB 194 PG 652 (TRACT F)
PIN NUMBER: 9850-58-0672
PRELIMINARY MAP
NOT FOR RECORDING, SALES,
OR CONVEYANCE
I Ff AI nrgrRIPTInN
INGRESS -EGRESS -REGRESS EASEMENT
ALL OF THAT CERTAIN PARCEL OF LAND, LYING AND BEING SITUATED IN THE TOWNSHIP OF BINGHAM,
COUNTY OF ORANGE, STATE OF NORTH CAROLINA, BEING COMPRISED OF THREE TRACTS, CONTAINING IN
AGGREGATE 0.858 ACRES (37,366 SQ FT.), MORE OR LESS, AS SHOWN ON THAT PLAT ENTITLED
"CONSERVATION EASEMENT FOR ROBERT P. NUTTER "MAPLE VIEW FARMS", PREPARED BY CHRISTOPER L.
COLE, NCPLS, DATED , BEARING WSP PROJECT NUMBER 1188329A, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: (ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES UNLESS
NOTED OTHERWISE.)
COMMENCING AT A COMPUTED POINT, THE POINT AND PLACE OF BEGINNING AND HAVING COORDINATES
ON THE NORTH CAROLINA STATE PLANE COORDINATE SYSTEM OF N:809878.04, E:1955423.39, SAID
POINT BEING THE NORTHWEST CORNER OF THE EASEMENT DESCRIBED HEREIN AND ALSO BEING LOCATED
N75° 31' 33"E 404.17" FROM A PK NAIL SET IN DAIRYLAND ROAD (SR -1104), THENCE FROM THE POINT AND
PLACE OF BEGINNING, N71° 15'03"E 30.17' TO A POINT; THENCE 512° 37,52"E 88.88' TO A POINT; THENCE
S18° 52'50"E 181.86' TO A POINT; THENCE S23° 49'04"E 105.28' TO A POINT; THENCE S21° 01'51"E 52.06' TO
A POINT; THENCE S24° 59'33"E 79.99' TO A POINT; THENCE S28° 29'08"E 102.04' TO A POINT; THENCE S33°
10'42"E 126.56' TO A POINT; THENCE S39° 16'27"E 74.98' TO A POINT; THENCE S52° 12'41"E 76.62' TO A
POINT; THENCE N75° 04'53"E 164.73' TO A POINT; THENCE S14° 55'07" E 7.50' TO A POINT; THENCE 82.47'
ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 52.50' AND A CHORD BEARING AND
DISTANCE OF S59° 55'07"E 74.25' TO A POINT; THENCE S14°55'07"E 220AT TO A POINT IN THE SOUTHERN
LINE OF THE SAID CONSERVATION EASEMENT AND CONTINUING WITH THE SAID LINE N75°4711811W 17.17"
TO A POINT; THENCE N14°55'07"W 212.09' TO A POINT; THENCE 58.90' ALONG THE ARC OF A CURVE TO THE
LEFT HAVING A RADIUS OF 37.50' AND A CHORD BEARING AND DISTANCE OF N59°5510711W 53.03' TO A
POINT; THENCE 514° 55'07" E 7.50 TO #4 REBAR IN THE NORTHERN LINE OF A CONSERVATION EASEMENT AS
REFERENCED ABOVE AND RUNNING WITH A COMMON BORDER FOR THE FOLLOWING TWO (2) CALLS;
(1) S75° 04'53"W 141.40' TO A SET #4 REBAR; (2) S23° 32'46"W 128.99' TO A #4 REBAR ON THE NORTHERN
TOP OF BANK OF MORGAN'S CREEK; THENCE LEAVING THE SAID EASEMENT AND CROSSING THE CREEK
S23° 32'49"W 187.25' TO A POINT IN THE NORTHERN LINE OF AN EXISTING EASEMENT PB 57 PG 68 (AND
CROSSING OVER AN EXISTING CONSERVATION EASEMENT (PB 88 PG 83) AT 37.59'); THENCE RUNNING WITH
THE NORTHERN LINE OF THE EASEMENT REFERENCED IN PB 57 PG 68 N78° 01, 0511W 10.21' TO A POINT;
THENCE LEAVING THE SAID LINE N23° 32' 49"E 229.97 (CROSSING THE SAME CONSERVATION EASEMENT
REFERENCED IN PB 88 PG 83) TO A POINT; THENCE 147.43' ALONG THE ARC OF A CURVE TO THE LEFT HAVING
A RADIUS OF 159.53' AND A CHORD BEARING AND DISTANCE OF N28° 17'21"W 142.24' TO A POINT; THENCE
N39° 16'49"W 80.01' TO A POINT; THENCE N33° 10'42"W 129.39' TO A POINT; THENCE N28° 29,08"W
104.19' TO A POINT; THENCE N24° 59'33"W 81.94' TO A POINT; THENCE N21'01, 51"W 52.37' TO A POINT;
THENCE N23° 49'04"W 105.84' TO A POINT; THENCE N18° 52'50"W 184.79' TO A POINT; THENCE N12" 37'
52"W 87.31' TO A POINT; TO THE POINT AND PLACE OF BEGINNING.
SOURCE OF TITLE: DB 5707 PG 75; DB 194 PG 652 (TRACT F)
PIN NUMBER: 9850-58-0672
II�I���I�I�INP►
1. TAXES FOR THE YEAR 2016, AND SUBSEQUENT YEARS, NOT YET DUE AND PAYABLE
---NOT A MATTER OF SURVEY ---
2. EASEMENT(S) TO PIEDMONT ELECTRIC MEMBERSHIP CORPORATION RECORDED
IN BOOK 113, PAGE 256, AND BOOK 238 PAGE 328, ORANGE COUNTY REGISTRY.
---MIGHT AFFECT; GENERAL, NOT PLOTTABLE---
3. RIGHT OF WAY TO PUBLIC SERVICE COMPANY OF NORTH CAROLINA
RECORDED IN BOOK 141, PAGE 394, ORANGE COUNTY REGISTRY.
---MIGHT AFFECT; GENERAL, NOT PLOTTABLE---
4. RIGHT OF WAY TO UNIVERSITY OF NORTH CAROLINA UTILITIES DIVISION,
RECORDED IN BOOK 153, PAGE 134, ORANGE COUNTY REGISTRY.
---MIGHT AFFECT; GENERAL, NOT PLOTTABLE---
5. RIGHT OF WAY TO THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
RECORDED IN BOOK 837, PAGE 427, ORANGE COUNTY REGISTRY.
---DOES NOT AFFECT EASEMENT; NOT SHOWN ---
6. RIGHT OF WAY TO DUKE POWER COMPANY RECORDED IN BOOK 858, PAGE 79,
ORANGE COUNTY REGISTRY.
---MIGHT AFFECT; GENERAL, NOT PLOTTABLE---
7. RIGHT OF WAY AGREEMENT BETWEEN ROBERT P. NUTTER AND WIFE, AUBREY C. NUTTER
AND DAVIE M. SCHUMAN, RECORDED IN BOOK 935, PAGE 24, ORANGE COUNTY
REGISTRY. SEE EASEMENT AS SHOWN ON THE PLATS RECORDED IN PLAT BOOK 57,
PAGE 68 AND PLAT BOOK 83, PAGE 156, ORANGE COUNTY REGISTRY.
---DOES AFFECT; AS SHOWN ON SURVEY ---
8. REPORT OF COMMISSIONERS TO LAY OFF ROAD RECORDED IN BOOK 1141, PAGE 522,
ORANGE COUNTY REGISTRY.
---MAY AFFECT; GENERAL, NOT PLOTTABLE---
9. JUDGEMENT FOR CART WAY RECORDED IN BOOK 1141, PAGE 523, ORANGE
COUNTY REGISTRY.
---MAY AFFECT; GENERAL, NOT PLOTTABLE---
10. EASEMENT AND RIGHT OF WAY AGREEMENT BETWEEN ROBERT P. NUTTER AND WIFE,
AUBREY C. NUTTER AND DAVID M. SCHUMAN, TRUSTEE RECORDED IN BOOK 1305, PAGE
458, ORANGE COUNTY REGISTRY.
---DOES AFFECT; AS SHOWN ON SURVEY ---
11. ROAD MAINTENANCE AGREEMENT RECORDED IN BOOK 1305, PAGE 467, ORANGE
COUNTY REGISTRY.
---MAY AFFECT; GENERAL, NOT PLOTTABLE---
12. MAPLE VIEW FARM EASEMENT, GRANT OF CONSERVATION EASEMENT AND DEVELOPMENT
RIGHTS RECORDED IN BOOK 1421, PAGE 151, ORANGE COUNTY REGISTRY.
---MAY AFFECT; GENERAL, NOT PLOTTABLE---
13. MAPLE VIEW FARMS 1995 CONSERVATION EASEMENT, PROPERTY CONDITION
CERTIFICATION RECORDED IN BOOK 1421, PAGE 166, ORANGE COUNTY REGISTRY.
---MIGHT AFFECT; GENERAL, NOT PLOTTABLE---
14. AGRICULTURAL CONSERVATION AGREEMENT EASEMENT RECORDED IN BOOK 1540,
PAGE 441, ORANGE COUNTY REGISTRY.
---MIGHT AFFEECT; GENERAL, NOT PLOTTABLE---
15. DEED OF AGRICULTURAL CONSERVATION EASEMENT RECORDED IN BOOK 2295,
PAGE 542, ORANGE COUNTY REGISTRY. SEE EASEMENT AS SHOWN ON THE PLAT
RECORDED IN PLAT BOOK 88, PAGE 83, ORANGE COUNTY REGISTRY.
---MIGHT AFFECT; GENERAL, NOT PLOTTABLE---
16. SUBJECT TO THE TERMS OF THE CONSERVATION EASEMENT FROM NUTTER FARMS, LLC
TO TRIANGLE LAND CONSERVANCY, RECORDED IN BOOK 6043 PAGE 164
17. SUBJECT TO THE FEE SIMPLE INTEREST OF NUTTER FARMS, LLC, A NORTH CAROLINA
LIMITED LIABILITY COMPANY AND RIGHTS OF UNDERLYING FEE SIMPLE OWNER TO USE
THE PROPERTY IN ANY WAY NOT INCONSISTENT WITH THE TERMS OF THE CONSERVATION
EASEMENT.
---DOES AFFECT; GENERAL, NOT PLOTTABLE---
18. ANY ENCROACHMENT, ENCUMBRANCE, VIOLATION, VARIATION, OR ADVERSE
CIRCUMSTANCE AFFECTING THE TITLE THAT WOULD BE DISCLOSED BY AN ACCURATE
AND COMPLETE LAND SURVEY OF THE LAND. THE TERM "ENCROACHMENT" INCLUDES
ENCROACHMENTS OF EXISTING IMPROVEMENTS LOCATED ON THE LAND ONTO ADJOINING
LAND, AND ENCROACHMENTS ONTO THE LAND OF EXISTING IMPROVEMENTS LOCATED
ON ADJOINING LAND. PARAGRAPH 2(C) OF THE COVERED RISKS IS HEREBY DELETED.
---DOES AFFECT; AS SHOWN ON SURVEY ---
19. RIGHTS OF OTHERS FOR INGRESS AND EGRESS PURPOSES IN AND TO THE USE OF
EASEMENT LOCATED ON THE LAND.
---DOES AFFECT; GENERAL, NOT PLOTTABLE---
20. SUBJECT TO MATTERS SHOWN ON RECORDED PLAT BOOK AT PAGE
REVISION

Appendix D.
DWR memorandum on "Updated Nitrogen and Phosphorous Delivery Factors for
Nutrient Offset and Other Trading Uses Under the Jordan Lake Nutrient Strategy"
Total Nitrogen Delivery Factor Map
Total Phosphorous Delivery Factor Map

North Carolina Department of Environmental Quality
Pat McCrory Donald R. van der Vaart
Governor Secretary
October 7, 2015
MEMORANDUM
To: Interested parties in the Jordan Lake Watershed
From: Amin Davis, Environmental Senior Scientist, NPS Planning Branch Q.xl�'
Subject: Informal 30 -Day Public Comment Period On Updated Nitrogen and Phosphorus
Delivery Factors for Nutrient Offset and Other Trading Uses Under the Jordan Lake
Nutrient Strategy
This Memorandum serves as notification of a 30 -day comment period to regulated parties and
stakeholders that nitrogen and phosphorus load delivery factors used to comply with applicable
parts of the Jordan nutrient rules are being updated. The purpose of updating delivery factors is to
incorporate more accurate science and to simplify site specific determinations of applicable delivery
factors by regulated parties within the Jordan Lake watershed. Once established these updated
delivery factors will supersede those documented in the memo regarding this topic dated June 23,
2010 and the associated Jordan Lake Nutrient Strategy Nonpoint Source Delivery Factors map
dated August 3, 2011. The timeframe for use of these delivery factors is affected by recent Session
Law 2015-241 that delays implementation of certain provisions of the Jordan Lake Strategy. The
Division will provide an update to affected parties concerning the effects of this Session Law in a
separate notification. Rule implementation delays aside, the Division will consider any public
comments received associated with this memo before finalizing these updated delivery factors and
distributing to interested parties.
Rule Requirements: Delivery factors are an estimate of the degree to which nutrient loads are
attenuated between source generation and delivery to a waterbody. Delivery factors are required by
Jordan Trading Rule Item 15A NCAC 02B .0273 (2)(d)(i) and the Nutrient Offset Payments Rule
Item 15A NCAC 02B .0240 (c)(6)(B). Delivery factors are referred to as transport factors in Session
Law 2009-216 (3)(d)(2)(e) and in 15A NCAC 02B .0271(3)(b)(i). Under the Jordan rules, the party
seeking to sell nutrient credits must account for differences in instream nutrient losses between the
location of the reduction need and excess loading reduction being delivered to the affected arm of
Jordan Lake. To comply with these requirements, parties such as bankers and the North Carolina
Division of Mitigation Services (formerly the Ecosystem Enhancement Program) who plan to sell
nutrient credits shall convert nutrient credits generated at the bank site to `delivered to lake', or
`delivered' reduction credits. Developers and other parties seeking to purchase nutrient credits shall
also convert their load reduction needs to `delivered' reduction needs.
Improved Science and Utility: As part of recent watershed modeling to support Existing
Development Stormwater rule implementation, revised delivery factors were produced for 152
small watersheds and were included as a product of the Lake B. Everett Jordan Watershed Model
1601 Mail Service Center, Raleigh, North Carolina 27699-1601
Phone: [phone] Internet: www.ncdenr.gov
An Equal Opportunity 1 Affirmative Action Employer— Made in part by recycled paper

Report prepared by Tetra Tech, Inc. in July 2014. These revised delivery factors/zones are
considered more accurate than the existing factors because they were produced as outputs of the
latest watershed model that integrated more sophisticated routing processes, water quality data, and
calibration functions. To simplify this information for use by regulated parties, Division staff has
aggregated these factors into 10 or fewer delivery zones for each nutrient, varying by strategy
subwatersheds.
The attached maps Total Nitrogen Delivery Factors and Total Phosphorus Delivery Factors depict
them spatially. These maps and a GIS shapefile of this data are available online at:
http://portal.ncdenr.org/web/jordanlake. All 10 delivery zones for total nitrogen and total
phosphorus are represented in the Haw River subwatershed, while the Lower New Hope
subwatershed contains only one delivery zone. The Upper New Hope subwatershed contains two
delivery zones for total nitrogen and four delivery zones for total phosphorus. Tables 1 and 2 below
provide the updated delivery zones and associated delivery factors. Note that one feature of this
simplified scheme is that the nutrient delivery percentage is the same for a given zone number
across all three subwatersheds.
Table 1: Nitrogen Delivery Factors Table 2: Phosphorus Delivery Factors
Zone
Delivery Factor
Zone 1
21%
Zone 2
31%
Zone 3
45%
Zone 4
50%
Zone 5
62%
Zone 6
67%
Zone 7
75%
Zone 8
81%
Zone 9
89%
Zone 10
97%
Zone
Delivery Factor
Zone 1
18%
Zone 2
24%
Zone 3
38%
Zone 4
45%
Zone 5
55%
Zone 6
63%
Zone 7
71%
Zone 8
79%
Zone 9
89%
Zone 10
96%
Application of New Delivery Factors: Once these updated delivery factors become effective,
regulated parties will be required to use them for all applicable purposes under the Jordan Lake
Nutrient Management Strategy. These purposes include the following:
Developers to calculate delivered load reduction needs
Mitigation Bankers and DMS to calculate their available delivered load reduction credits
Local Governments and associated parties to provide reduction for Existing
Development purposes
A project scenario is attached as an example to illustrate use of the delivery factors.
2

Cc: Rich Gannon
Pam Behm
Bradley Bennett
Tom Fransen
Mike Templeton
Karen Higgins
Cyndi Karoly
Jim Stanfill
Kelly Williams

Attachment: Example Scenario Using Updated Delivery Factors
The following example illustrates the use of delivery factors to determine a development's offsite
nitrogen reduction needs. The same process would be followed to calculate a development's offsite
phosphorus needs.
Example Scenario
A nutrient offset bank has created a nitrogen reduction credit of 100 lb/yr on-site, in accordance
with DWQ criteria, at a bank site located within the headwaters of the Cane Creek watershed in
Alamance County, NC (N Zone 9, P Zone 7). A 10 acre proposed development located in the City
of Greensboro's Buffalo Lake watershed (N Zone 7, P Zone 6) has met its on-site loading
requirements under the Jordan New Development stormwater rule but needs another 2.5 lb/ac/yr of
nitrogen reduction at the development site to fully satisfy the site loading targets of 38 lb N/ac/yr.
Both the development and the credit bank are located within the Haw River Arm of Jordan Lake.
The development proposes to purchase offsite credits from the bank. How many lb of delivered
credit will the bank have available and how many lb of credit will the developer need to purchase?
Nutrient Offset Bank: Cane Creek watershed in Alamance County
Nitrogen delivery factor (Table 1, NZone 9)): 89% delivered
Onsite N reduction credit available: 100 lb/yr
`Delivered' N credit available: 100 lb/yr x 0.89 = 89 lb/yr x 30 yrs = 2, 670 lb
Development Site: Buffalo Lake watershed in Greensboro (Guilford County)
Nitrogen delivery factor (Table 1, N Zone 7): 75% delivered
Onsite N reduction credit needed: 2.5 lb/ac/yr x 10 ac = 25 lb/yr
`Delivered' N credit needed: 25 x 0.75 = 18.75 lb/yr x 30 yrs = 563 lb
Results
The City of Greensboro will purchase 563 lb of `delivered' nitrogen reduction credits from the
Nutrient Offset Bank's available `delivered' reduction credits. The bank will then have 2,107 lb of
remaining `delivered' reduction credits available (2,670 lb — 563 lb/yr = 2,107 lb).
2

res
Stokes Person
Pi'l % Rockingham Caswell
411 Granville
S tolketAll, I% F.,ugemont Miles
Forsyth Gr— FIGURE 1
JORDAN LAKE WATERSHED
TOTAL NITROGEN
DELIVERY FACTOR
Orange
It- River
Pxk
NORTH CAROLINA
Alamance WA
At' Date: 10/9/2015 Drawn by: BRIG
Checked by: CC
A- Durham
FOF�sl LEGEND
oJordan Watershed Boundary
(HUC 03030002)
Jordan River Subwatershed
Kohl
P, III I Boundary
� TOTAL NITROGEN
oEuvsmr
-"
ZONE AND DELIVERY
`~ Zone 1'c1%
Zone x-o1m
^~ \ `----- /---------� ~ LJZone a-4nm
'
[]Zone 4'nom
-----'—'-------------~ []Zone n'sum
[]Zone s's7m
N[]Zone 7'7nm U
\ �
�
+
Wake REFERENCE
Chatham
1.) Topographic imagery from ESRI
Image Services.
2.) Horizontal Datum is NAD83 UTM Z17N.
�
Lee
Harnett ^^

I
I
I
r�...11ll i
�
I
I
ry
u
. R.'rc t° ro:
reStL burg
-I s
I '
I I _
I Person
okesOtOesF'I' Rockingham Caswell
j
Y + aswe
Hall} ,
„.. 111111-. II J
HI.I r::IZ i W - E
I k,mrb
{ cb I } I a 5
r`
Granville
I -�_ --_ ------ I. ________ ___-___-_-_--_- _-_-_-__ __-_-___`I
1
'-
I ••t k:l:,l,. �`,�yy�� � ��',�r� /'�
R:n�:,
ennl I Mlles
II
Sm frll l Alamance 1 B ho[rw
1 Q
r— ` 1 FIGURE 2
Forsyth, ..'pe.: Gr—
j JORDAN LAKE WATERSHED
TOTAL PHOSPHORUS
DELIVERY FACTOR
WW I /7 ••II ...'I I i
?'rncls lklc �,y�y� , i I r.,': •SII ll ' o - j
I rngIny Orange z t
4�2�
•.JGt) I
Ea, River ,. .. r.
_
-_-
NORTH CAROLINA
"_a.vc Park
GUllford
4U.1N'J+
4;" Illi"II 7_.1 i_
Wake
.,s•as�/' 1� Date: 10/9/2015 Drawn by: BRG
1
�:Dur;ham Checked by: CC
Par/
./7"1/
r°r_ J �}/y, O !k .. .. LEGEND
.I..l rn?-.1.',II ��� '_ - .s11 &5•�j( � Vi
�, G I � _ •Jordan Watershed Boundary
O (HUC 03030002)
Kohl Gar ,+�7 r Cyt ;I Q Jordan River Subwatershed
i F', ,Illi rr f 297 In
u1JLC) [Y.YYt
C� f Boundary
f I � ra(. � � II,II..I ` 1 -`�•r TOTAL PHOSOPHORUS
DELIVERY
------- ZONE _ C�GJGIJ r-" ♦ 0� y' ZONE AND DELIVERY
-_-- Zone 1 - 18%
I R, r,lr
Zone 2 - 24%
---� - - - Q Zone 3 - 38%
\ Zone 4 - 45%
A ,P _' - _- - - --- --- Zone 5 - 55%
z7a
� , : Q Zone 6 - 63%
Davidson
j lAJ 1 Zone 7 - 71 %
``��;� �y�
I c:>JW GIJLW 1 Zone 8 - 79%
+ Zone 9 - 89%
/ v. • • • Zone 10 - 96%
Randolph .r," "
a-
I I
`s Fr,utr 4ulll
,.. Wake
:Ili ...III yl. ..
L - Chatham _ REFERENCE
1.) Topographic imagery from ESRI
a I, Image Services.
2.) Horizontal Datum is NAD83 UTM Z17N.
ted , —"-Lee
g,
i'JA�rncss � r j / _ LII.
Lee _
Harnett

Appendix E. Pre -Construction Site Condition Photos

Appendix E- Maple View Pre -Construction Site Conditions
General Site Conditions (April 2016)
General Site Conditions (April 2016)
Ford crossing at access easement (April 2016)
View upstream from Ford Crossing (April 2016)
General Site Conditions (April 2016)
General Site Conditions (April 2016)