HomeMy WebLinkAbout20051987 Ver 1_Monitoring Plan_20081028E a r t h M a r k
MITIGATION SERVICES
Florida • North Carolina • West Virginia
NC DWQ
2321 Crabtree Blvd.
Raleigh, NC 27604-2260
October 10th, 2008
Attn: John Dorney
Re: Harpers Crossroads Stream Restoration Site
Mr. Dorney:
05-t??I
JimpagWR B
OCT 2 g '1008
DW • WATER QUALITY
WET MWSI MATER BRANCH
Enclosed please find the 2008 Monitoring Report submittal for the above referenced project,
which has also been submitted to the USACE. Please review this document and let us know if
you have any questions.
Thank you,
C,4 a. (&i
Christine Cook
Environmental Scientist
Mid-Atlantic Mitigation, LLC
Cc: Monte Matthews; USACE
Mitch Barron; Newland Communities
12800 University Dr. Suite 400 Ft. Myers Florida, 33907 ph 239.415.6200 fx 239.415.6298
1960 Derita Road, Concord, NC 28027 ph 704.782.4133 fx 704.782.4148
E a r t h M a r k
MITIGATION SERVICES
Florida • North Carolina • West Virginia
Raleigh Regulatory Field Office
U.S. Army Corps of Engineers
3331 Heritage Trade Drive
Suite 105
Wake Forest, NC 27587
October 10th, 2008
Attn: Monte Matthews
Re: Harpers Crossroads Stream Restoration Site
Mr. Matthews:
Enclosed please find the 2008 Monitoring Report submittal for the above referenced project,
which has also been submitted to the NC DWQ. Please review this document and let us know if
you have any questions. We would appreciate written verification of your approval of this report
or comments about this report or any issues with the project you feel need to be addressed.
Thank you,
Ce? a. ("
Christine Cook
Environmental Scientist
Mid-Atlantic Mitigation, LLC
Cc: John Dorney, NCDWQ
Mitch Barron; Newland Communities
Q???odaQ
OCT 2 8 2008
DENR.WATER QUALITY
WETLANDS AND STORMWATER BRANCH
12800 University Dr. Suite 400 Ft. Myers Florida, 33907 ph 239.415.6200 fx 239.415.6298
1960 Derita Road, Concord, NC 28027 ph 704.782.4133 fx 704.782.4148
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Harpers Crossroads Stream Restoration Project
County: Chatham
Cataloging Unit: Cape Fear 03030003
Monitoring Firm POC: Mid-Atlantic Mitigation, LLC
Rich Mogensen (704) 782-4133
Prepared For: Newland Communities/ USACE
Year 3 (2008) Monitoring Report
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TABLE OF CONTENTS
1.0 EXECUTIVE SUMMARY PROJECT ABSTRACT 1
2.0 PROJECT BACKGROUND 1
2.1 LOCATION AND SETTING 1
2.2 STRUCTURE AND OBJECTIVES 2
3.0 PROJECT CONDITON AND MONITORING RESULTS 4
3.1 VEGETATION ASSESSMENT 4
3.1.1 Vegetative Problem Areas 4
3.1.2 Stem Counts 4
3.1.3 Vegetation Assessment Summary 7
3.2 CHANNEL STABILITY ASSESSMENT 7
3.2.1 Cross Sections 7
3.2.2 Bank Full Events 8
3.2.3 Longitudinal Profiles 8
3.2.4 Photo Reference Points 8
3.2.5 Channel Stability Assessment Summary 8
Figure 1: Project Location and Drainage Map
TABLES
Table I. Project Activity and Reporting History 3
Table II. Project Contacts 3
Table III. Project Background 4
Table IV. Initial number of species planted per zone 5
Table V. Stems Counts 6
Harpers Crossroads Stream Restoration Project i Monitoring Year 3 of 5
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APPENDICES
APPENDIX A. Cross Sections
APPENDIX B. Profile Survey and Pebble Count Data
Survey Sheets
Pebble Count Graphs
APPENDIX C. Photo Log
Photo Reference Points
Bankfull Photos
APPENDIX D. Vegetation Info
Supplemental Planting list
APPENDIX E. Conservation Easement Documents
APPENDIX F. As-Built Monitoring Plan View
Harpers Crossroads Stream Restoration Project ii
Monitoring Year 3 of 5
1.0 EXECUTIVE SUMMARY/PROJECT ABSTRACT
On behalf of Newland Communities (Newland) to fulfill mitigation needs for the Briar Chapel
Subdivision (Action ID 200121252), Mid-Atlantic Mitigation, LLC (MAM) with technical
assistance from Stantec Consulting Inc. (Stantec) restored over 2,000 linear feet of
stream on an unnamed tributary to Bear Creek in Chatham County, North Carolina on
Siler City-Glendon Road. Construction of the project began in March 2006 with final
' planting completed in April 2006.
The Project will be monitored once a year for five years (October 2005 through October
' 2009) by Mid-Atlantic Mitigation, LLC (MAM). MAM will be monitoring Harpers
Crossroads every year and will submit a monitoring report to the USACE and NCDWQ
by December 31St of each calendar year. The Project will be monitored in regard to
' overall channel stability and vegetative survival.
The third year monitoring was completed in August 2008. The channel was suffering
' from drought conditions and flows were below base flow at the time of survey.
2.0 PROJECT BACKGROUND
t 2.1 LOCATION AND SETTING
' The Harpers Crossroads Stream Restoration Site (Harpers Crossroads Site) is located 1.2
miles north of Harpers Crossroads on Siler City-Glendon Road in Chatham County,
North Carolina. The site straddles Siler City-Glendon Road with approximately 1000
' linear feet of restored stream channel on both the west and east sides of the road. The
Site is within the northwest portion of the Cape Fear River Basin. The USGS has divided
this river basin into six 8-dight Hydrologic Units (HUs). The project is located within HU
' 03030003, North Carolina Division of Water Quality (NCDWQ) sub-basin 03-06-12. The
project drainage area is approximately 449 acres. The project area included in the
conservation easement consists of 8 acres. The restoration project is being managed and
monitored by Mid-Atlantic Mitigation, LLC but the property is owned by Dennis Phillips
and Michael Phillips. The conservation easement was conveyed to Chatham County Soil
and Water Conservation District on February 20th, 2008 documentation of easement
conveyance is attached (Appendix E).
2.2 STRUCTURE AND OBJECTIVES
' This project was designed to provide a stream channel that neither aggrades nor degrades
while maintaining its dimension, pattern, and profile with the capacity to transport the
watershed's water and sediment load. The objective of the restoration plan is to
' reestablish the primary stream function and values associated with nutrient removal and
transport, sediment retention, wildlife (both aquatic and terrestrial) habitat, and also to
provide restoration of riparian zones that have been historically used for pasture. Two
emergent/ open water wetland pockets have been incorporated into the restoration of the
Harpers Crossroads Stream Restoration Project I Monitoring Year 3 of 5
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entire system. These wetland pockets will be utilized in areas where seeps are flowing
into the newly constructed floodplain, and where a drainage swale from an adjacent
irrigation pond intersects the channel. Ultimately, the Harpers Crossroads Site will
improve the overall downstream water quality by reducing the amount of sediment and
nutrients being produced by bank erosion, increased scour, and cattle. It will also improve
fish and aquatic habitat by providing both natural material stabilization structures (rock
and log vanes, and riparian buffer) and by reducing the silt and clay fines in the
streambed. Additional water quality benefits were generated by fencing cattle out of the
riparian corridor.
The restoration of the Unnamed Tributary to Bear Creek utilized a combination of natural
channel design methodologies with limited soil bio-engineering applications and methods
consistent with a Rosgen Priority Level I and II -type restoration. Restoration of both
Reach 1 ( upstream of culvert on West side of Siler City- Glendon Road, Dennis Phillips)
and Reach 2 (downstream of culvert on east side of road, Michael Phillips) consisted of a
Priority I/II stream restoration which included providing a defined, stable channel for the
stream and establishing a forested riparian buffer at least 50 feet wide on either side. A
new C4 type channel was excavated within the conservation easement. The new channel
will increase the sinuosity of the stream, reestablish a pool/ riffle pattern, and provide in
stream habitat for aquatic life. In stream structures such as cross vanes, log sills, J-hooks,
and rock vanes were added to provide channel stability and habitat. The restoration of
Reach 1 starts at the fence line of the western property boundary and continues to the
culvert at Siler City-Glendon Road. Restoration of Reach 2 starts at the downstream end
of the culvert crossing under Siler City-Glendon Road and flows generally east until
exiting the eastern property boundary at the fence/woodline. A portion of a small ditch
that flows south into Reach 1 was addressed during construction. A wetland pocket
(Wetland Pocket No. 1) was excavated in the ditch prior to its confluence with Reach 1.
This vegetated wetland pocket will act as a BMP to assist with nutrient removal from
upstream agricultural practices as well as provide habitat for amphibians and other
aquatic and semi-aquatic species. A portion of a small ditch that flows south from an
upstream watering pond into Reach 2 was also addressed during construction. A wetland
pocket (Wetland Pocket No. 2) was excavated in the floodplain within Reach 2. It will
also act as a vegetated BMP with some ephemeral open water to assist with nutrient
removal from upstream agricultural practices and provide habitat.
Table I. Project Activity and Reporting History
Activity or Report Actual Completion Date
Restoration Plan September 2005
Construction March 2006
Temporary /Permanent seeding March 2006
Bareroot Plantings March 2006
Containerized Plantings Aril 2006
Mitigation Plan August 2006
Year 1 Monitoring Report November 2006
Year 2 Monitoring Report September 2007
Year 3 Monitoring Report October 2008
Harpers Crossroads Stream Restoration Project 2
Monitoring Year 3 of 5
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Year 4 Monitoring Report
Year 5 Monitoring Report
Table II. Proiect Contacts
Project Manager
Mid-Atlantic Mitigation, LLC 1960 Derita Road
Concord, NC 28027
Rich Mo ensen (704) 782-4133
Designer
Stantec Consultants Inc. 801 Jones Franklin Road, Suite 300
Raleigh, North Carolina 27606
Brad Fairle (919) 851-6866
Construction Contractor
Shamrock Environmental Corp. P.O Box 14987
Michael Granson (336) 708-5930
Planting & Seeding Contractor
Shamrock Environmental/ MAM 1960 Derita Road
Concord, NC 28027
Seed mixes provided by IKEX Kristy Rodrigue (704) 277-3383
Nursery Stock provided by NCDFR,
International Paper, and Mellow Marsh
Nurser
Monitoring Performers 1960 Derita Road
Mid-Atlantic Mitigation, LLC Concord, North Carolina 28027
Christine Cook (704) 782-4140
Table III. Proiect Background
Project Background Table
Project County Chatham
Drainage Area 449 Acres
Physiographic Region Piedmont
Ecoregion 45c Carolina Slate Belt
Wetland Type Palustrine, Forested, Broad-leaved
Deciduous
Dominant soil types Callison-Li um Complex
Reference site ID UT to Cabin Branch/ Landrum Creek
USGS HUC for Project and Reference 03030003
NCDWQ Sub-basin for Project and Reference 03-06-12
% of project easement fenced 100
Harpers Crossroads Stream Restoration Project 3 Monitoring Year 3 of 5
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3.0 PROJECT CONDITION AND MONITORING RESULTS
3.1 VEGETATION ASSESSMENT
3.1.1 Vegetative Problem Areas
Overall, approximately 90 percent of the site shows better than 75 percent cover, this is
well within success criteria. Drought conditions and poor soils have made vegetation
establishment on site slow, but extra seeding, this years supplemental planting, and time
have allowed the site to develop well. Planted trees have suffered from slow growth and
high mortality, but diversity and stem counts on site have remained acceptable, as
discussed in the following sections.
3.1.2 Stem Counts
Four planting zones were established as follows: Zone A - Streambank, Zone B -
Floodplain Forest, Zone C - Upland Forest, Zone D - Wetland Pockets. Zone A consists
mainly of livestakes, but some bareroot seedlings were also planted. The livestake density
varied throughout the project depending on location on the streambanks. On average,
livestakes were planted randomly spaced approximately 3 feet apart and differed in -sizes
ranging from .25" to 2" in diameter and 2' to 3' in length. Zone B -D consists of
bareroot seedlings, tublings and 1 gallon containers, that were planted randomly 3' to 10'
apart throughout the project. Four IOm by IOm plots were established in the project area
(Plots A-D) Plots A and B are on Reach 1 and plots C and D are on Reach 2. After the
year-two growing season, success will be gauged by stem counts of planted species and
desirable volunteer species. Photos taken at established photo points will indicate
maturation of riparian vegetation community. Table IV shows the initial number of
species that were planted in each zone.
On July 25th, 2008, the third year-vegetative monitoring was performed on the
established vegetative plots. Results are shown in Table V, initial totals are counts made
in May of 2006 when the vegetative plots were established. All species listed were
planted on site, but not all were found in the vegetation monitoring plots. A supplemental
planting was done in April 2007. The Year 2 Monitoring Report showed stem counts at
acceptable levels, but survival percentages continued to drop due to drought conditions.
Survival outside of the sampling plots visually confirmed this trend. MAM felt it was
better to complete a supplemental planting early before stem counts began to suffer from
reduced survival rates. A full planting list for this supplemental planting can be found in
Appendix D.
Harpers Crossroads Stream Restoration Project 4 Monitoring Year 3 of 5
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Table IV. Initial number of species planted per zone
Zone A Streambank= .65 acre Type Quantity
Silky dogwood (Corpus ammonum)** LS 100
Tag alder (Alnus serrulata) Tublin 100
Silk willow Salixsericea ** LS 100
Buttonbush (Cephalanthus occidentalis)** BR 100
Black Willow (Salix nigra)** LS -
River Birch (Betula nigra)** LS -
**Combination of these species were harvested for Zone A LS 3000
Zone B Floodplain Forest= 5.15 acres
Elderberry (Sambucus canadensis) BR 100
Red Chokeberry (Aronia arbutifolia) BR 100
Doghobble (Leucothoe axillaries) BR 100
Inkberry (Ilex glabra) BR 100
Fetterbush (Lyonia lucida) BR 100
River birch (Betula nigra) BR 150
Green ash (Fraxinus pennsylvanica) BR 150
American sycamore (Platanus occidentalis) BR 100
Willow oak (Quercus phellos) BR 150
Overcup oak (Quercus lyrata) BR 200
Zone C Upland Forest=.05 acre
Winterberry (Ilex verticillata) BR 300
Highbush blueberry (Vaccinium corymbosum)
Tublin
300
Rhododendron (Rhododendron spp.) al. 100
Beautyberry (Callicarpa americana) BR 300
American sycamore (Platanus occidentalis) BR 300
Willow oak (Quercus phellos) BR 250
American elm (Ulmus americana) BR 300
American holly (Ilex opaca) BR 250
White oak (Quercus alba) BR 300
Chestnut oak (Quercus prinus) BR 300
Green ash (Fraxinus pennsylvanica) BR 300
Zone D Wetland=.25 acre
Buttonbush (Cephalanthus occidentalis) BR 100
Silky dogwood (Corpus amonum) BR 100
Green ash (Fraxinus pennsylvanica) BR 50
River birch (Betula nigra) BR 50
't'otal Planted Species= 7,950
Harpers Crossroads Stream Restoration Project 5
Monitoring Year 3 of 5
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Table V. Stem Counts by Plot
Plots Year Year
Species
A
B
C
D Initial
Totals 1
Totals 2
Totals Year 3
Totals* Survival
%
Shrubs
Buttonbush (Cephalanthus occidentalis)* 2 2 0 0%
Doghobble (Leucothoe axillaries) 2 0 0%
Elderberry (Sambucus canadensis)* 2 2 6 1 4 67%
Fetterbush (Lyonia lucida) 1 3 1 1 1 33%
Highbush blueberry (vaccinium
co mbosum)*
1
2
1
1
1
3
100%
Inkberry (Ilex glabra) 1 1 1 2 100%
Red Chokeberry (Aronia arbutifolia)* 1 1 1 1 4 1 1 4 100%
Silky dogwood (Corpus ammonum) 4 1 8 5 4 100%
Silky willow (Salix sericea) 3 3 3 21 13 6 9 43%
Totals 7 5 7 8 39 26 17 27 69%
Trees
American elm (Ulmus americana) 3 2 1 8 8 7 6 75%
American sycamore (Platanus occidentalis) 1 1 1 0 0%
Black Willow (Salix nigra) 3 6 3 3 26 17 13 15 58%
Chestnut oak (Quercus prinus) 2 1 3 2 4 3 100%
Green ash (Fraxinus pennsylvanica)* 1 2 2 6 7 8 11 11 100%
Overcup oak (Quercus lyrata)* 1 1 0 0%
Red Maple (Acer rubrum) * 1 1 1 100%
River birch (Betula nigra)* 1 8 5 5 8 6 14 100%
Tulip poplar (Liriodendron tulipifera) 1 1 1 100%
White oak (Quercus alba)* 1 4 5 5 100%
Willow oak (Quercus phellos)* 5 5 5 5 100%
Totals 10 22 17 12 63 49 43 61 97%
17 27 24 20 102 75 60 88 86%
* - Year 3 Monitoring includes approximately 1075 additional plants put in during the 2007 -2008 season. Nyssa
sylvatica
(Blackgum) and Itea virginica (Virginia Sweetspire) were also planted on site but not found in plots or were not
identified
Harpers Crossroads Stream Restoration Project 6
Monitoring Year 3 of 5
'
3.1.3 Ve etation Assessment Summary
' Vegetation success will be defined as tree survival to meet 320 stems per acre after 3
years and 260 stems per acre after 5 years inside the permanent vegetative plots and
herbaceous cover evaluated with photos showing 75% coverage, after 5 years. A total of
' 7,950 plants and livestakes were installed on the 8 acre tract. This is an average of 993
stems per acre. In 2007, survival was still on target to achieve 3`d year planting density
goals, with an overall stem count of approximately 600 stems per acre, but showing only
' 54% percent survival from the original planting. Additionally, visual observation of the
site showed trees to be alive, but somewhat stressed and competing with herbaceous
vegetation. An additional 1075 gallon size trees and shrubs were planted in April 2008.
'
The site as a whole now shows an average of 888 stems per acre and demonstrates a
minimum of 86 percent survival, since supplemental planting. The herbaceous cover
' plant community was observed and is documented by the Photo Reference Points
(Appendix Q. Each plot showed at least 75% cover, the herbaceous vegetation is
suffering from dry conditions and some minor bare spots are present. Recent storm events
have helped the overall vegetative cover.
3.2 CHANNEL STABILITY ASSESSMENT
'
3.2.1 Cross Sections
' There are four permanent cross-sections throughout the Unnamed Tributary to Bear
Creek (two on Reach 1 and two on Reach 2). Cross-sections are 50% riffles and 50%
pools. A pebble count was done in each cross-section that contains a riffle. The first
' cross section of the project; Cross Section 1, on Reach 1 contained a noticeable amount
of silt/clay, this is the area of the project where this material would be expected to be
deposited. There was no unacceptable shift in the majority of particles sizes. The last
' cross section of the project, Cross Section 4, on Reach 2 showed no unacceptable
increase in sand or finer substrate material. Pebble count data and graphs are located in
Appendix B. Each permanent cross-section will be surveyed each year to monitor
' changes in the dimension, pattern and profile of the restored stream. Due to the drought
conditions the survey shows little variation between the pools and riffles, however both
riffles are functioning as intended. Reach 1 is characterized by a slightly more rounded
' stream bed. Cross Section 1 (Riffle) shows no significant changes from the 2007 survey.
Cross Section 2 (Pool) shows no significant changes from the 2007 survey. Reach 2 is
characterized by a flatter stream bed. Cross Sections 3 (Pool) no significant changes from
the 2007 survey. Cross Section 4 (Riffle) shows less than six inches of scour and is
holding both bed and bankfull elevations. Both reaches are stable and are transporting
bed material, dry conditions leave deposited materials stranded in the upper sections of
' Reach 1. This area will always be a sink for these deposits to some degree and the
deposits will continue to move through the system during storm events. Winter and
' Harpers Crossroads Stream Restoration Project 7 Monitoring Year 3 of 5
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spring storms move these deposits as wetter weather develops. Cross Section data and
' graphs are located in Appendix A.
' 3.2.2 Bank Full Events
' One bankfull event was documented on April 10th, 2008. Photo verification of this flood
event is located in Appendix C. The most likely rain event to cause this was on March 4th,
where between 1.3 and 1.5 inches of rain fell in the Siler City area. At this time of the
' year the stream was full and flowing. Similar events in June and July under much drier
conditions failed to register on the Crest Stage Gage.
' 3.2.3 Longitudinal Profiles
' Longitudinal profiles were surveyed to monitor the riffle-run-pool-glide sequences and
overall stability of the restored stream. The entire length of the Unnamed Tributary to
Bear Creek was monitored as a longitudinal profile. The Year 3 survey data shows a clear
' pattern of riffle-run-pool-glide sequences through out the profile, which does not differ
significantly from the 2007 survey. Evidence of the minor and temporary silt deposition
as discussed in Section 3.2.1 can be seen in the graphs. The longitudinal profile graphs
' are located in Appendix B.
' 3.2.4 Photo Reference Points
There are 34 photo reference points throughout the site. Photographs will help illustrate
the health of the planted vegetation, the overall stability and success of the site, and the
severity of invasive or exotic species that may establish within the site. Included in this
report are 34 photographs taken at the time of monitoring and a can be found in Appendix
C.
' 3.2.5 Stability Assessment Summary
' Overall, the stream channel has developed and stabilized well. The herbaceous vegetative
cover has also developed a healthy and diverse community. Lack of precipitation
continues to cause the stream to remain below base flow levels for most of the growing
' season and dry conditions have continued hamper growth of the planted trees, and caused
some mortality of planted vegetation. The supplemental planting this year will give the
site a boost as conditions continue to improve.
' MAM requests a letter or email verification for acceptance of this annual monitoring
report from the USACE as noted in the cover letter. MAM feels that the site has
progressed very well since completion and suffers only from minor problems due to lack
' of precipitation. No remedial activities are planned or suggested at this time.
' Harpers Crossroads Stream Restoration Project 8 Monitoring Year 3 of 5
HARPERS CROSSROADS STREAM RESTORATION PROJECT
FIGURE 1: WATERSHED AND LOCATION MAP
- M i d- A t l a n t i c
Chatham County M i t i g a t i o n t t c'
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APPENDIX A: Cross Sections
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I APPENDIX B: Profile Survey and Pebble Count Data
Survey Sheets
Pebble Count Graphs
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ueyj aauil ?uaoaad
Site Name: Harpers Crossroad Stream Restoration Pebble Count Data Sheet
Poject No: 20042489 X Sec: 1
Date: 9/21/2006
Particle Size mm Total o in Range % Cumulative
Sand and Silt <2 1 1 % 1 %
2 -4 0 0% 1%
4 -6 0 0% 1 %
6 -8 0 0% 1 %
8-12 3 3% 4%
Gravels 12 -16 4 3% 7%
16 -24 7 6% 13%
24 -32 24 21% 34%
32 -48 22 19% 53%
48 -64 14 12% 65%
64 -96 15 13% 78%
96 -128 13 11% 89%
Cobbles
128 -192 9 8% 97%
192 -256 1 1 % 98%
256 -384 2 2% 100%
384 -512 0 0% 100%
Boulders 512 -1024 0 0% 100%
1024 -2048 0 0% 100%
2048 -4096 0 0% 100%
Bedrock 0 0% 100%
Totals: 115 100%
Particle Size Distribution Histogram
100% ?r _.. 32%
90%
°
80 /o ? M E E M
28
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24%
70% m
N 60% 20%
in 50%
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30%
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ueyj aaug juawad
Site Name: Harpers Crossroad Stream Restoration Pebble Count Data Sheet
Poject No: 20042489 X Sec: 2
Date: 9/21/2006
Particle Size [mm] Total # % in Range % Cumulative
Sand and Silt <2 0 0% 0%
2 -4 0 0% 0%
4 -6 0 0% 0%
6 -8 0 0% 0%
8-12 0 0% 0%
Gravels 12 -16 3 3% 3%
16 -24 7 6% 9%
24 -32 19 17% 26%
32 -48 18 16% 42%
48 -64 22 20% 62%
64 -96 15 14% 76%
C
bbl 96 -128 16 14% 90%
o
es 128 -192 7 6% 96%
192 -256 3 3% 99%
256 -384 1 1% 100%
384 -512 0 0% 100%
Boulders 512 -1024 0 0% 100%
1024 -2048 0 0% 100%
2048 -4096 0 0% 100%
Bedrock 0% 100%
Totals: 111 100%
Particle Size Distribution Histogram
100%
900%
80 /o 28%
£ 70% _ 24%
N 60% c 20%
Fn 50%
m 40% 16%
u 30% 12%
M 20%
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APPENDIX C: Photo Log
Photo Reference Points
Bankfull Photos
UR_upstream_2: Structures at beginning of project
facing northeast
x
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^b
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tk ?,
.
4
?? yy
UR_ford_5: Upper Reach, crossing, facing
southwest
UR ford_l: Upper Reach, crossing, facing east
UR upstream_l: Same facing southwest
UR_Xl_l: Cross Section 1, riffle, facing
southeast
UR_X1_2: Cross Section 1, riffle, facing
northwest
4
.
?
9?
i? y
NN"
UR wetland_3: Wetland Pocket 1 facing east
Vegplot_A: Facing northeast
UR X2_2: Cross Section 2, pool, facing east
UR wetland_4: Wetland Pocket 1 facing south
UR wetland_2: Wetland Pocket 1 facing north
UR X2_1: Cross Section 2, pool, facing west
LOG-SILL-2: Facing north, also outfall from
Wetland Pocket 1
a ?
t
8 £Tr a, Z9
X41 c,i? 4 ? *?
c k
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ti
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f 3p
a t x i
Vegplot_B: Facing west
*.:.
t tea. ? ?
UR_downstream_1: Same facing northwest,
looking upstream
UR_wetland_1: Outfall structure from Wetland
Pocket 1, facing southwest
UR_downstream_5: Culvert, end of upper reach,
facing southeast, looking downstream
LR_upstream_3: Culvert, begins lower reach,
facing east, looking downstream
LR_upstream_l: Same facing southwest,
looking upstream
LR_Xl_2: Cross Section 1, pool, facing east,
looking downstream
LR X1_1: Same facing west, looking upstream
Vegplot_C: Facing southeast
LR_X2_2: Cross Section 2, riffle, facing
northeast, looking downstream
ax !
A }?,? ?? qt t
t
#A
LR_wetland_2: Outfall channel of Wetland
Pocket 2, facing west
LR_wetland_1: Outfall channel, facing
northwest
LR_X2_1: Cross Section 2, riffle, facing
southwest
VPD facingNW: Facing northwest
LR_wetland_3: Wetland Pocket 2 facing
southeast
LR_wetland_4: Wetland Pocket 2 facing
northwest, looking upstream
LR_ford_4: Lower Reach, crossing, facing
northeast, looking downstream
LR_ford_2: Lower Reach, crossing, facing
southwest, looking upstream
LR_downstream_1: structure at end of project,
facing southeast, looking downstream
LR_downstream_2: End of Project, facing
southeast
p?
5
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H
STATE CLIMATE OFFICE OF NORTH CAROLINA
NC CRONOS Database
Data retrieval from 317924 - Siler City 2 N for past 181 day(s)
180 records for this period of record (100% data available)
Date/Time 2m Daily Precipitation (in)
2/17/2008 0
2/18/2008 0.21
2/19/2008 0.21
2/20/2008 0
2/21/2008 0.02
2/22/2008 0.16
2/23/2008 0.14
2/24/2008 0.12
2/25/2008 0.14
2/26/2008 0.44
2/27/2008 0.42
2/28/2008 0
2/29/2008 0
3/1/2008 0
3/2/2008 0
3/3/2008 0
3/4/2008 1.36
3/5/2008 1.36
3/6/2008 0
3/7/2008 0.69
3/8/2008 0.69
3/9/2008 0
3/10/2008 0
3/11/2008 0
3/12/2008 0
3/13/2008 0
3/14/2008 0
3/15/2008 0
3/16/2008 0
3/17/2008 0
3/18/2008 0
3/19/2008 0
3/20/2008 0
3/21/2008 0
3/22/2008 0
3/23/2008 0
3/24/2008 0
3/25/2008 0
3/26/2008 0
3/27/2008 0
3/28/2008 0
3/29/2008 0.05
313012008 0.13
3/31/2008 0.69
4/1/2008 0.85
l
r
1
C
1
u
u
C
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l
4/2/2008 0.05
4/3/2008 0.32
4/4/2008 0.91
4/5/2008 0.8
4/6/2008 0.28
4/7/2008 0.06
4/8/2008 0
4/9/2008 0.04
4/10/2008 0.1
4/11/2008 0.1
4/12/2008 0.13
4/13/2008 0.09
4/14/2008 0.2
4/15/2008 0.2
4/16/2008 0
4/17/2008 0
4/18/2008 0
4/19/2008 0.51
4/20/2008 1.13
4/21/2008 0.62
4/22/2008 0.05
4/23/2008 0.05
4/24/2008 0.04
4/25/2008 0.1
4/26/2008 0.08
4/27/2008 1.82
4/28/2008 2.77
4/29/2008 0.97
4/30/2008 0
5/l/2008 0.03
5/2/2008 0.07
5/3/2008 0.06
5/4/2008 0.02
5/5/2008 0.01
5/6/2008 0.06
5/7/2008 0.14
5/8/2008 0.16
5/9/2008 0.6
5/10/2008 0.54
5/11/2008 1
5/12/2008 0.99
5/13/2008 0
5/14/2008 0.02
5/15/2008 0.24
5/16/2008 0.78
5/17/2008 0.57
5/18/2008 0.55
5/19/2008 0.54
5/20/2008 0.35
5/21/2008 0.35
5/22/2008 0
5/23/2008 0.01
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
5/24/2008 0.05
5/25/2008 0.04
5/26/2008 0
5/27/2008 0
5/28/2008 0.59
5/29/2008 0.59
5/30/2008 0
5/31/2008 0
6/l/2008 0
6/2/2008 0
6/3/2008 0
6/4/2008 0
6/5/2008 0
6/6/2008 0
6/7/2008 0
6/8/2008 0
6/9/2008 0
6/10/2008 0
6/11/2008 0
6/12/2008 0.01
6/13/2008 0.01
6/14/2008 0.04
6/15/2008 0.05
6/16/2008 0.01
6/17/2008 0
6/18/2008 0
6/19/2008 0
6/20/2008 0.03
6/21/2008 0.16
6/22/2008 0.2
6/23/2008 0.08
6/24/2008 0.01
6/25/2008 0
6/26/2008 0.01
6/27/2008 0.01
6/28/2008 0
6/29/2008 1.04
6/30/2008 1.06
7/1/2008 0.02
7/2/2008 0
7/3/2008 0
7/4/2008 0.91
7/5/2008 2.34
7/6/2008 1.97
7/7/2008 0.54
7/8/2008 0.07
7/9/2008 0.14
7/10/2008 0.07
7/11/2008 0.02
7/12/2008 0.02
7/1312008 0.01
7/14/2008 0.11
Cli
J
II?
1
1
7/15/2008 0.1
7/16/2008 0
7/17/2008 0
7/18/2008 0
7/19/2008 0.03
7/20/2008 0.03
7/21/2008 0
7/22/2008 0.19
7/23/2008 0.65
7/24/2008 0.49
7/25/2008 0.03
7/26/2008 0
7/27/2008 0
7/28/2008 0
7/29/2008 0.14
7/30/2008 0.17
7/31/2008 0.07
8/l/2008 0.04
8/2/2008 0
8/3/2008 0
8/4/2008 0
8/5/2008 0
8/6/2008 0.01
8/7/2008 0.01
8/8/2008 0
8/9/2008 0
8/10/2008 0.05
8/11/2008 0.05
8/12/2008 0
8/13/2008 0.29
8/14/2008 0.29
1
1
1
STATE CLIMATE OFFICE OF NORTH CAROLINA
NC CRONOS Database
Data retrieval from SILR - Siler City Airport for past 181 day(s)
180 records for this period of record (100% data available)
Date/Time 1m Daily Precipitation (in)
2/16/2008 0
2/17/2008 0.03
2/18/2008 0.25
2/19/2008 0
2/20/2008 0
2/21/2008 0
2/22/2008 0.13
2/23/2008 0
2/24/2008 0.03
2/25/2008 0
2/26/2008 0.42
2/27/2008 0
2/28/2008 0
2/29/2008 0
3/1/2008 0
3/2/2008 0
3/3/2008 0
3/4/2008 1.53
3/5/2008 0
3/6/2008 0
3/7/2008 0.71
3/8/2008 0.01
3/9/2008 0
3/10/2008 0
3/11/2008 0
3/12/2008 0
3/13/2008 0
3/14/2008 0
3/15/2008 2.46
3/16/2008 0
3/17/2008 0
3/18/2008 0
3/19/2008 0.29
3/20/2008 0
3/21/2008 0
3/22/2008 0
3/23/2008 0
3/24/2008 0
3/25/2008 0
3/26/2008 0
3/27/2008 0
3/28/2008 0.01
3/29/2008 0.04
3/30/2008 0.09
3/31/2008 0.67
t
1
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11
11
4/l/2008 0.1
4/2/2008 0
4/3/2008 0.42
4/4/2008 0.89
4/5/2008 0.15
4/612008 0.07
4/7/2008 0
4/8/2008 0
4/9/2008 0
4/10/2008 0
4/11/2008 0
4/12/2008 0.35
4/13/2008 0
4/14/2008 0
4/15/2008 0
4/16/2008 0
4/17/2008 0
4/18/2008 0
4/19/2008 0.27
4/20/2008 1
4/21/2008 0.02
4/22/2008 0.1
4/23/2008 0
4/24/2008 0
4/25/2008 0.01
4/26/2008 0
4/27/2008 1.43
4/28/2008 0.71
4/29/2008 0.01
4/30/2008 0
5/1/2008 0
5/2/2008 0
5/3/2008 0
5/4/2008 0
5/5/2008 0.01
5/6/2008 0
5/7/2008 0
5/8/2008 0.07
5/9/2008 1.36
5/10/2008 0.01
5/11/2008 1.35
5/12/2008 0
5/13/2008 0
5/14/2008 0
5/15/2008 0.27
5/16/2008 0.37
5/17/2008 0
5/18/2008 0.33
5/19/2008 0
5/20/2008 0.12
5/21/2008 0
5/22/2008 0
j
1
5/23/2008 0
5/24/2008 0.1
5/25/2008 0
5/26/2008 0
5/27/2008 0.01
5/28/2008 0.69
5/2912008 0.01
5/30/2008 0
5/31/2008 0
6/1/2008 0
6/2/2008 0
6/3/2008 0
6/4/2008 0
6/5/2008 0
6/6/2008 0
6/7/2008 0
6/8/2008 0
6/9/2008 0
6/10/2008 0
6/11/2008 0
6/12/2008 0
6/13/2008 0
6/14/2008 0.06
6/15/2008 0
6/16/2008 0.01
6/17/2008 0
6/18/2008 0
6/19/2008 0
6/20/2008 0.19
6/21/2008 0.01
6/22/2008 0.03
6/23/2008 0.01
6/24/2008 0
6/25/2008 0
6/26/2008 0
6/27/2008 0
6/28/2008 0
6/29/2008 2.87
6/30/2008 0.01
7/1/2008 0
7/2/2008 0
7/3/2008 0
7/4/2008 0.85
7/5/2008 1.78
7/6/2008 2.4
7/7/2008 0.01
7/8/2008 0.16
7/9/2008 0.22
7/10/2008 0.01
7/11/2008 0
7/12/2008 0
7/13/2008 0
C'
F
C
1
7/14/2008 0.02
7/15/2008 0
7/16/2008 0
7/17/2008 0
7/18/2008 0.01
7/19/2008 0.04
7/20/2008 0
7/21/2008 0
7/22/2008 1.06
7/23/2008 0.93
7/24/2008 0.01
7/25/2008 0
7/26/2008 0
7/27/2008 0
7/28/2008 0.03
7/29/2008 0.01
7/30/2008 0.01
7/31/2008 0
8/l/2008 0
8/2/2008 0
8/3/2008 0
8/4/2008 0
8/5/2008 0
8/6/2008 0
8/7/2008 0
8/8/2008 0
8/9/2008 0
8/10/2008 0.06
8/11/2008 0
8/12/2008 0
8/13/2008 0.22
7
'J
J
APPENDIX D: Vegetation Info
Supplemental Planting list
Harpers Crossroads Supplemental Planting April 10th, 2008
7
j
7
Shrubs
Buttonbush Ce halanthus occidentalis 10
Elderberry Sambucus canadensis 35
Highbush blueberry (Vaccinium corymbosum) 30
Red Chokeberry Aronia arbuti olia 100
Virginia Sweets ire Itea vir inica 45
Trees
Black um (Nyssa s lvatica 240
Green ash Fraxinus enns lvanica 60
Overcu oak uercus 1 rata 52
Red Maple Acer rubrum 25
River birch Betula ni ra 90
White oak uercus alba 343
Willow oak (Quercus hellos) 45
Total 1075
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APPENDIX E:
Conservation Easement Documents
1
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?I
BOOK 13 S 5 PaE 9 u 7
Instrument prepared by: Office of the Attorney General
Property Control Section
PIN NO:
FILED
CHATHAM COUNTY NC
TREVA B. SEAGROVES
REGISTER OF DEEDS
FILED Feb 20, 2008
AT 10:41:01 am
BOOK
START PAGE
' Mail after recording to: (2-: C,In MO?sg'^ END PAGE
[q `? DW+4a " INSTRUMENT #
Conn Garb, v f- Z f?0 0- EXCISE TAX
' ASSIGNMENT OF PERMANENT CONSERVATION EASEMENT
State of North Carolina
' County of Chatham
THIS ASSIGNMENT OF PERMANENT SERVATION EASEMENT (the
"Easement") is made on the 8 'Iday of , 2008, by MID-ATLANTIC
' MITIGATION, LLC, a NC limited liability company ("Assignor") to the Chatham Soil
and Water Conservation District ("Assignee").
' WITNESSETH:
WHEREAS, Dennis J. Phillips and Wife Judy J. Phillips executed, for the benefit of the
Assignor, that certain Permanent Conservation Easement, recorded in Book 1139 Page
401, as amended by that certain First Amendment to Permanent Conservation Easement
recorded at Book 1 75 Page 53 ° 54 of the Office of the Register of Deeds of
Chatham County (collectively referred to herein as the "Easement") and;
1
7
WHEREAS, in furtherance of the terms and conditions of that certain Grant Agreement
by and between Assignor and Assignee, Assignor desires to assign all of its right, title,
and interest in Easement to the Assignee, and the Assignee has agreed to accept said
Assignment.
NOW, THEREFORE, in consideration of the mutual benefits accruing to the Assignee,
Assignor, and the public from the Easement, and other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, the Assignor hereby
conveys and assigns to the Assignee, all Assignor's rights, title, interest, easement, and
privilege in and to the Easement, subject to all conditions contained therein.
The Assignor hereby expressly reserves from this Assignment the nonexclusive rights
initially acquired by the Easement to monitor, enforce and maintain the Easement and to
access the property for such purposes as described in therein.
TO HAVE AND TO HOLD the said right, privilege and easement herein granted and
assigned to the Assignee, its successors and assigns in perpetuity.
052000 10546020
01385
0967
0968
01869
(None)
1
BOOK 13 8 5 PAGE HS
AND the Assignor covenants that it is properly vested of the Easement, has the right to
1 assign the same to the Assignee; that the Easement is free from encumbrances except as
may be expressly excepted to by the terms and conditions of the Easement; and that the
Assignor will warrant and defend title to the same against the claims of all persons
' whomsoever.
IN WITNESS WHEREOF, Assignor has executed the foregoing in its company name,
' signed by its Director and Appointed Vice-President with proper authorization the date
and year first above written.
1 MID-ATLANTIC MITIGATION, LLC
A North Carolina Limited Liability Company
1 By. ,c
Richard K. Mogensen
Director and Appointed-vice-President
1 NORTH CAROLINA
COUNTY OF C A-?>A Q5
1 I, C. A. cock , a Notary Public in and for the County and State
aforesaid, do hereby certify that Richard K. Mogensen, whose identity has been proven by
satisfactory evidence, said evidence being:
I h
l k
l
d
f
h
id
i
f
h
i
i
l
1 ave persona
now
ty o
?[
e
ge o
t
e
ent
t
e pr
nc
pa
(s)
? I have seen satisfactory evidence of the principal's identity, by a current
state or federal identification with the principal's photograph in the form
' of a
? A credible witness has sworn to the identity of the principal(s);
personally appeared before me and acknowledged that he is the Director and Appointed
' Vice President of Mid-Atlantic Mitigation, LLC, a North Carolina limited liability
company, and that as Director and Appointed Vice President, being duly authorized to do
so, voluntarily executed the foregoing instrument on behalf of said limited liability
company for the purposes stated therein.
1 IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the
day of FEg0,u4(zy 1200R.
1 ``,,?1iiNlrlfll///
''` ` A..C"°-
a o r.At %
Notary Public i i
1 Printed Name: ?. • A . Ccvok ??'•
%
M
y commission expires: X
?
b?
1
j
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1
US2000105460201
t
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r
r
1
I
1
J
FILED
CHATHAM COUNTY NC
TREVA B. SEAGROVES
REGISTER OF DEEDS
FILED Feb 20, 2008
AT 10:30:38 am
BOOK 01385
M M ca 1 }0 r
Rz ch theseNsen START PAGE 0953
19 40 per- eA END PAGE 0958
Concorb, A1f_ZOOV- BOOK 13 v 5 FAA 953 INSTRUMENT # 01866
EXCISE TAX (None)
FIRST AMENDMENT TO PERMANENT CONSERVATION EASEMENT
THIS FIRST AMENDMENT TO PERMANENT CONSERVATION EASEMENT
("Amendment') is made and entered into as of the2: LP- day of 61:4her , 2007 between DENNIS J.
PHILLIPS, and wife JUDY J. PHILLIPS ("Grantor") and MID-ATLANTIC MITIGATION, LLC, a
North Carolina limited liability company ("Granted').
WITNESSETH
WHEREAS, Grantor and Grantee entered into that certain Permanent Conservation Easement
("Easement') executed by the parties on the 29t' day of October, 2004 and recorded in Book 1139 Page
401 of the Chatham County, North Carolina Register of Deeds Office.
WHEREAS, Grantor and Grantee desire to amend the Easement by the execution of this
Amendment.
NOW, THEREFORE, in consideration of the premises, the covenants and agreements hereunder
set forth and in furtherance of the parties understanding, it is agreed as follows:
I . Effectiveness. This Amendment shall be effective as of the date of this Amendment.
2. Definitions. Any capitalized words or phrases used and not defined in this Amendment
shall have the meanings ascribed to them in the Easement.
3. Exhibits. The Exhibit A attached to the Easement is hereby deleted in its entirety and
replaced with the Exhibit A attached hereto and incorporated herein by reference. The Exhibit B
attached to the Easement is hereby deleted in its entirety.
4. Fence Maintenance. As long as the Grantor allows livestock on the neighboring
property, Grantor shall maintain the fencing around the Easement area.
$. Notice To Easement Holder. Prior to Grantor placing the Property on the market for sale
to a non-related third party (expressly excluding any transfer to related party, including but not limited to,
a family member or transfer by intestate or testate succession), Grantor will notify the current easement
holder.
6. Continued Effect of Easement. All provisions of the Easement, except as modified by
this Amendment, shall remain in full force and affect and are reaffirmed.
7. onflict. In the event of any conflict, inconsistency, or incongruity between any
provision of this Amendment and any provision of the Easement, the provisions of this Amendment shall
govern and control.
8. Execution in Counterparts. This Amendment may be executed in two or more
counterparts, each of which shall be deemed an original and all of which, when taken together, shall
constitute one instrument.
9. v r . Invalidation of any of the provisions contained in this Amendment, or of
the application thereof to any person by judgment or court order shall in no way affect any of the other
provisions hereof or the application thereof to any other person and the same shall remain in full force and
effect.
US200094121052
t
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1
BOOK 1385) PAGE 954
10. Governing Law. This Amendment shall be governed by the laws of the State of North
Carolina.
11. Entire Agreement. This Amendment, together with the Easement, constitutes the entire
agreement between the Grantor and Grantee pertaining to the subject matter of this Amendment, and may
be amended only by a writing executed by Grantor and Grantee.
2
US2000 94121053
11
1
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7
U
BOOK 13 8 -0 PAGE 19 a J
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed under
Seal effective as of the day and year first above written.
STATE OF ,iV neT-4 C.AeoLZUA
COUNTY OF CA441- WM
GRANTOR:
(seal)
Dennis J. Philli s
`?a1 -(seal)
Judygl Phillips
a-
Defvvs J.
I, the undersigned, a Notary Public of the County and State aforesaid, certify that- 44iWwJ-Phillips
and wife, Mm%ftret-P. Phillips, whose identity has been proven by satisfactory evidence, said evidence
being: J ,4y -J;
I have personal knowledge of the identity of the principal(s)
? I have seen satisfactory evidence of the principal's identity, by a current state or federal
identification with the principal's photograph in the form of a
? A credible witness has sworn to the identity of the principal(s);
personally appeared before me this day, and acknowledged the voluntary due execution of the
foregoing instrument by he/she/them for the purposes stated therein.
Witness my hand and seal, this the 2-5"-day of OCTOI&EYZ '2007.
,?^
(._..---- Cen?-
Notary ?^ Public
Print Name: C?. A C. DD
My Commission Expires: Au &t?,sT 05 Zoo 9
[AFFIX NOTARY SEAL BELOW-NOTE THAT SEAL MUST BE FULLY LEGIBLE
1
US2000 9412105.2
3
•
?OTA'?? •
•
C? Atrftr. ic f *Z
I
1
E
STATE OF Q (C--rH CA 2cLZvi4
COUNTY OF C A b A-IUU5
GRANTEE:
Mid-Atlantic Mitigation, LLC,
a North Molina li liability company
By:
Its: .r 'If IC f
Name: 21 . M U C Ers S-
I, the undersigned, a Notary Public of the County and State aforesaid, certify that
?-? ? k- (V14?PnSQi1r1 [Name of Manager], whose identity has been proven by
satisfactory evidence, said evi ence being:
I have personal knowledge of the identity of the principal(s)
I have seen satisfactory evidence of the principal's identity, by a current state or federal
identification with the principal's photograph in the form of a
? A credible witness has sworn to the identity of the principal(s);
who is the Manager of Mid-Atlantic Mitigation, LLC, a North Carolina limited liability company,
personally appeared before me this day and acknowledged that (s)he is Manager of Mid-Atlantic
Mitigation, LLC, a North Carolina limited liability company and that as Manager being duly authorized to
do so, voluntarily executed the foregoing instrument on behalf of said company for the purposes stated
therein.
Witness my hand and seal, this the Z5"-day of 2007.
Notary Public ?^
Print Name: l._. 21 Look
1 My Commission Expires: k0c,-4,57' O5* Zoo?j
1 [AFFIX NOTARY SEAL BELOW-NOTE THAT SEAL MUST BE FULLY LEGIBLE]
1
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i
1 US2000 94121051
1
BOOK 138 ) WE 9 5 6
0%M 11 f if 1Of,
N. coo
2 {pTAQ?
•
Atmv
If stmW
4
J
BOOK 13 8 0 WE 9 5'1
CONSENT OF MORTGAGEE
' First National Bank & Trust Company, being the Beneficiary under those certain Deeds of Trust from
Dennis J. Phillips and wife, Judy J. Phillips, recorded in Book 690 at Page 185, Book 723, Page 206 and
Book 1116, Page 878 of the Chatham County, North Carolina Public Registry, hereby: (a) consents to the
recordation of this Conservation Easement and the imposition of the provisions hereof on the Property;
' and (b) subordinates the lien and operation of the Deeds of Trust to this Conservation Easement and the
provisions contained herein. In the event of a foreclosure of any of the Deeds of Trust, or a transfer of
any portion of the property in lieu of foreclosure, Beneficiary agrees that the purchaser at any such
' foreclosure or the transferee under any such deed in lieu of foreclosure shalt take title to the property
together with and subject to all of the terms and conditions of this Conservation Easement. Beneficiary
executes this Consent of Mortgagee solely for the purposes set forth above.
' BENEFICIARY:
FIRS ff'CRUS C MPANY
Name:.Su _ . c N
Title
STATE OF /? L cat ?a /ru a
7
CO TY OF r v 2
I, the ugersigned a Notaryublic of the County and State aforesaid, certify that
7b. = , whose identity has been proven by satisfactory
' evidence, said evidence being:
1 have personal knowledge of the identity of the principal(s)
? I have seen satisfactory evidence of the principal's identity, by a current state or federal
' identification with the principal's photograph in the form of a
11
7
? A credible witness has sworn to the identity of the principal(s);
erso %y
came b re me this and acknowledged thatshe is ,4 4rPresident of
I A?. °"'2 { ZOVA J and that (s)he, in such capacity and being authorized to
do so, voluntarily executed the foregoing on behalf of the corporation for the purpose stated
therein and in the capacity indicated.
Witness my hand and seal, this the 30 day of 20 &.7-,-
Notary Notary Public s?
Print Name: ;a 8aycs
My Commission Expires: o?t'g /0g t f ..t ;.
[AFFIX NOTARY SEAL BELOW -NOTE THAT SEAL MUST BE FULLY LEGIBI;El"-, ?-*,1 ",'":", l
' US20M 9412105.2
5
BOOK 1385 PaE 9 5 8
Exhibit A
' Legal Description for New Conservation Easement
BEING known and designated as the "New Conservation Easement Total Area 1.063 acres, 46,306.4
S.F." and "New Conservation Easement Total Area 2.124 acres, 92,499.8 SY ", all as shown on plat
entitled "Conservation Easement Dedication and Abandonment Map of The Dennis Phillips Property &
The Billy Phillips Property" prepared b Stantec Consulting, Inc. and dated November 17, 2006 as
recorded in Plat Book 200,7,*ages and 7-1 of the Chatham County Registry.
' TOGETHER WITH the perpetual right of ingress, egress and regress over and across that area labeled as
"Access Easement 0.058 acres 2,530.1 S.F." as shown on the plat recorded in Plat Book 2000Pages
' 3 and of the Chatham County Registry.
11
US2000 4412105.2 6
C
i
FILED
t, . ? CHATHAM COUNTY NC
BOOK 138-0 PAGE et ?:) TREVA B. SEAGROVES
REGISTER OF DEEDS
Instrument prepared by: Office of the Attorney General FILED Feb 20, 2008
Property Control Section AT 10:38:16 am
BOOK 01385
PIN NO: START PAGE 0965
Mail after r
ecording to: (L. c..^ t''' Sgn
Z
END PAGE
0966
tg40
4--c
IZA INSTRUMENT # 01$68
c0AGvrA ,,V c, Z60 z? EXCISE TAX (None)
' ASSIGNMENT OF PERMANENT CONSERVATION EASEMENT
State of North Carolina
' County of Chatham
THIS ASSIGNMENT OF PERMANENT CONSERVATION EASMENET (the
"Assignment") is made on the ?+-- day of 4W, 008, by MID-ATLANTIC
' MITIGATION, LLC, a NC limited liability company ("Assignor") to the Chatham Soil
and Water Conservation District ("Assignee").
I
i
WITNESSETH:
WHEREAS, Billy Michael Phillips and wife, Margaret P. Phillips executed, for the
benefit of the Assignor, that certain Permanent Conservation Easement, recorded in Book
1139, and Page 411, as amended by that certain First Amendment to Permanent
Conservation Easement recorded at Book 1 -f r; Page q-14i - of the Office of the
Register of Deeds of Chatham County (collectively referred to herein as the "Easement")
and;
WHEREAS, in furtherance of the terms and conditions of that certain Grant Agreement
by and between Assignor and Assignee, Assignor desires to assign all of its right, title,
and interest in the Easement to the Assignee, and the Assignee has agreed to accept said
Assignment.
NOW, THEREFORE, in consideration of the mutual benefits accruing to the Assignee,
Assignor, and the public from the Easement, and other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, the Assignor hereby
conveys and assigns to the Assignee, all Assignor's rights, title, interest, easement, and
privilege in and to the Easement, subject to all conditions contained therein.
The Assignor hereby expressly reserves from this Assignment the nonexclusive rights
initially acquired by the Easement to monitor, enforce and maintain the Easement and to
access the Easement for such purposes as described in therein.
TO HAVE AND TO HOLD the said right, privilege and easement herein granted and
assigned to the Assignee, its successors and assigns in perpetuity.
US?WO 10545120.2
BOOK 13 S 4 PAGE '916 6
AND the Assignor covenants that it is properly vested of the Easement; has the right to
assign the same to the Assignee; that the Easement is free from encumbrances except as
may be expressly excepted to by the terms and conditions of the Easement; and that the
Assignor will warrant and defend title to the same against the claims of all persons
whomsoever.
IN WITNESS WHEREOF, Assignor, has executed the foregoing in its company name,
, signed by its Director and Appointed Vice-President with proper authorization, the date
and year first above written.
MID-ATLANTIC MITIGATION, LLC,
a North Carolina limited liability company
?91N clkt
Richard K. Mogensen
Director and Appointed ice-President
NORTH CAROLINA
COUNTY OF C 64R )S
1, L • A • C cok , a Notary Public in and for the County and State
aforesaid, do hereby certify that Richard K. Mogensen, whose identity has been proven by
satisfactory evidence, said evidence being:
I have personal knowledge of the identity of the principal(s)
? I have seen satisfactory evidence of the principal's identity, by a current
state or federal identification with the principal's photograph in the form
of a
? A credible witness has sworn to the identity of the principal(s);
personally appeared before me and acknowledged that he is the Director and Appointed
Vice President of Mid-Atlantic Mitigation, LLC, a North Carolina limited liability
company, and that as Director and Appointed Vice President, being duly authorized to do
so, voluntarily executed the foregoing instrument on behalf of said limited liability
company for the purposes stated therein.
IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the
day of FE 9QL A(ta/ , 2002.
••,,,,. • ti. o •
0 Jr.,
Notary Public = i
Printed Name: C A . Gods =1 "?? `
dO -6
My commission expires: .? .
o e ^ OS ^ O
US2000 105453201
' FILED
CHATHAM COUNTY NC
TREVA B. SEAGROVES
REGISTER OF DEEDS
' FILED Feb 20, 2008
AT 10:31:29 am
BOOK 01385
' START PAGE 0959
END PAGE 0964
fL; Ch INSTRUMENT # 01867
1a 60 DPI +-a 2b. EXCISE TAX (None)
' ca^c0e6, "'c zsoz-? BOOK 138 5 PAGE 959
FIRST AMENDMENT TO PERMANENT CONSERVATION EASEMENT
' THIS FIRST AMENDMENT TO PEANENT CONSERVATION EASEMENT
'
("Amendment') is made and entered into as of the ik
hy ofd 2007 between BILLY MICHAEL
PHILLIPS, and wife MARGARET P. PHILLIPS ("Grantor") and MID -ATLANTIC MITIGATION,
' LLC, a North Carolina limited liability company ("Grantee").
WITNESSETH
WHEREAS, Grantor and Grantee entered into that certain Permanent Conservation Easement
' ("Easement') dated as of the 29'" day of October, 2004 and recorded in Book 1139 Page 411 of the
Chatham County, North Carolina Register of Deeds Office.
WHEREAS, Grantor and Grantee desire to amend the Easement by the execution of this
' Amendment.
NOW, THEREFORE, in consideration of the premises, the covenants and agreements hereunder
set forth and in furtherance of the parties understanding, it is agreed as follows:
' I . Effectiveness. This Amendment shall be effective as of the date of this Amendment.
2. Definitions. Any capitalized words or phrases used and not defined in this Amendment
' shall have the meanings ascribed to them in the Easement.
3. Exhibits. The Exhibit A attached to the Easement is hereby deleted in its entirety and
replaced with the Exhibit A attached hereto and incorporated herein by reference.
' 4. Fence Maintenance. As long as the Grantor allows livestock on the neighboring
property, Grantor shall maintain the fencing around the Easement area.
5. Notice To Easement Holder. Prior to Grantor placing the Property on the market for sale
' to a non-related third party (expressly excluding any transfer to related party, including but not limited to,
a family member or transfer by intestate or testate succession), Grantor will notify the current easement
holder.
6. Continued Effect of Easement. All provisions of the Easement, except as modified by
' this Amendment, shall remain in full force and affect and are reaffirmed.
7. Conflict. In the event of any conflict, inconsistency, or incongruity between any
provision of this Amendment and any provision of the Easement, the provisions of this Amendment shall
' govern and control.
8. Execution in Counterparts. This Amendment may be executed in two or more
counterparts, each of which shall be deemed an original and all of which, when taken together, shall
t constitute one instrument.
9. Severability. Invalidation of any of the provisions contained in this Amendment, or of
the application thereof to any person by judgment or court order shall in no way affect any of the other
' provisions hereof or the application thereof to any other person and the same shall remain in full force and
effect.
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BOOK 13 v J MG-E U" G 0
10. Governing Law. This Amendment shall be governed by the laws of the State of North
Carolina.
11. Entire Agreement. This Amendment, together with the Easement, constitutes the entire
agreement between the Grantor and Grantee pertaining to the subject matter of this Amendment, and may
be amended only by a writing executed by Grantor and Grantee.
Remainder of This Page Intentionally Left Blank -
Signature Page Attached Hereto and Incorporated Herein by Reference
2
US20W 9411649.1
' BOOK 13 b 5) PaE 9 61
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed under
Seal effective as of the day and year first above written.
1
1
STATE OF / C
COUNTY OF
seal)
seal)
' I, the undersigned, a Notary Public of the County and State aforesaid, certify that Billy Michael Phillips
and wife, Margaret P. Phillips, whose identity has been proven by satisfactory evidence, said evidence
being:
I have personal knowledge of the identity of the principal(s)
? I have seen satisfactory evidence of the principal's identity, by a current state or federal
' identification with the principal's photograph in the form of a
? A credible witness has sworn to the identity of the principal(s);
' personally appeared before me this day, and acknowledged the voluntary due execution of the foregoing
instrument by he/she/them for the purposes stated therein.
Witne my hand and seal, this the c2 V'\ day of oo Qann)mq- , 2007.
c-
' ary Public
Pt int C 5r,4 S
l?IWe: •
My Commission Expires: oR /a . o o q
r FFfVX0TARY SEAL BELOW-NOTE THAT SEAL MUST BE FULLY LEGIBLE]
?p '`jEi?i_}G C,
r.
3
' US2000 9411649.1
1
GRANTOR:
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BOOK ! 3 v 5 PAGE 9 6 2
GRANTEE:
Mid-Atlantic Mitigation, LLC,
a Nort oli limit liability company
By:
Its: 'ireG r
Name: 'R tC4lA fZP oCget\ c"
STATE OF /VafLT4 CA JZO L 0//
COUNTY OF C-A79 6A2tfj
I, the undersigned, a Notary Public of the County and State aforesaid, certify that
(Z.'-dlncwZ k'. t" IQs f^_S n [Name of Manager], whose identity has been proven by
satisfactory evidence, said evidence being:
91 I have personal knowledge of the identity of the principal(s)
? I have seen satisfactory evidence of the principal's identity, by a current state or federal
identification with the principal's photograph in the form of a
? A credible witness has sworn to the identity of the principal(s);
who is the Manager of Mid-Atlantic Mitigation, LLC, a North Carolina limited liability company,
personally appeared before me this day and acknowledged that (s)he is Manager of Mid-Atlantic
Mitigation, LLC, a North Carolina limited liability company and that as Manager being duly authorized to
do so, voluntarily executed the foregoing instrument on behalf of said company for the purposes stated
therein.
Witness my hand and seal, this the J d day of 2007.
Notary Public
Print Name: C A. C oo k
My Commission Expires: (nB -.05 -01
[AFFIX NOTARY SEAL BELOW-NOTE THAT SEAL MUST BE FULLY LEGIBLE]
01111ilr(ij.,
P. co , +
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4
US2000 9411649.1
BOOK 1380' WAGE 9 G 3
CONSENT OF MORTGAGEE
First Bank, being the Beneficiary under that certain Deed of Trust, Assignment of Rents and leases and
Security Agreement from Billy Michael Phillips and spouse, Margaret P. Phillips, recorded in Book 1320
at Page 59 of the Chatham County, North Carolina Public Registry, hereby: (a) consents to the
' recordation of this Conservation Easement and the imposition of the provisions hereof on the Property;
and (b) subordinates the lien and operation of the Deeds of Trust to this Conservation Easement and the
provisions contained herein. In the event of a foreclosure of any of the Deeds of Trust, or a transfer of
any portion of the property in lieu of foreclosure, Beneficiary agrees that the purchaser at any such
' foreclosure or the transferee under any such deed in lieu of foreclosure shall take title to the property
together with and subject to all of the terms and conditions of this Conservation Easement. Beneficiary
executes this Consent of Mortgagee solely for the purposes set forth above.
' BENEFICIARY:
FIRST BANK
By:
N 19" ?, - ?21
)ZO 41
Title: Sr, V; to jPus,;?t
STATE OF'-D 014)
' COUNTY OF`'/ )VIE,
I? ,othecundersigned, a Notary Public of the County and State aforesaid, certify that
K
' err C u, fir. , whose identity has been proven by satisfactory
evidence, said evidence being:
I have personal knowledge of the identity of the principal(s)
' ? I have seen satisfactory evidence of the principal's identity, by a current state or federal
identification with the principal's photograph in the form of a
t ? A credible witness has sworn to the identity of the principal(s);
personally came before me this day and acknowledged that he is !° President of First Bank, and that
(s)he, in such capacity and being authorized to do so, voluntarily executed the foregoing on behalf of the
corporation for the purpose stated therein and in the capacity indicated.
' Witness my hand and seal, this the day of
? 200
U
' Notary Public i
Print Name: c )E !`I(L ?? . i?!)Cck _s,3 n
My Commission Expires: C
[AFFIX NOTARY SEAL BELOW - NOTE THAT SEAL MUST BE FULLY LEGIBLE]
1
I US2000 9411649.1
BOOK 1 38 5 WE 9. u 4
Exhibit A
Legal Description for New Conservation Easement
BEING known and designated as "New Conservation Easement Total Area 4.7666 acres, 207,597.8 S.F."
as shown on plat entitled "Conservation Easement Dedication and Abandonment Map of The Dennis
Phillips Property & The Billy Phillips Property" prepared by Stantec Consulting, Inc. and dated
November 17, 2006 as recorded in Plat Book 200/8Pages _ and of the
Chatham County Registry.
TOGETHER WITH the perpetual right of ingress, egress and regress over and across that area la Ned as
"Access Easement 0.039 acres 1,710.4 S.F." as shown on the plat recorded in Plat Book 200,E ages
-4 and 1 of the Chatham County Registry.
6
US2000 94116491
APPENDIX F:
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