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Privateer Farms Restoration Site
Annual Monitoring Report for 2008 (Year 4)
December 2008
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EXECUTIVE SUMMARY
The Privateer Farms Stream Restoration site ("Site") was restored through a full-delivery contract with the
North Carolina Department of Transportation (NCDOT). Administrative management of the project has been
transferred to the North Carolina Ecosystem Enhancement Program (NCEEP). The goals and objectives of
this project were as follows:
I . Restore riverine wetlands through stream restoration, filling of agricultural drainage ditches, restoration of
a natural topography, and planting
2. Enhance riverine wetlands through stream restoration and supplemental planting
3. Increase stream length across Privateer Farms Restoration Project from 25,000 linear feet (LF) to
approximately 34,005 LF through dimension, pattern and profile adjustments
4. Restore floodplain and other low-lying areas to their historic wetland ecosystem.
Construction of this project was completed in April 2005. Stability of the Site must be annually monitored
and documented during a five-year period following construction completion. This report documents the
monitoring data collected at the Site during the 2008 growing season (Year 4 of the 5-year monitoring
period).
Table 1
Background Information.
Project Name Privateer Farms
Designer's Name Michal Baker Engineering, Inc.
8000 Regency Parkway, Cary, NC, 27518
[phone]
Contractor's Name River Works, Inc.
Project County Bladen and Cumberland Counties
Directions to Project Site From Raleigh, follow 1-40 east to exit 328 (1- 95). Merge onto I-95
south and proceed to exit 49 (NC 53). Take NC 53 south
approximately 12.4 miles to the site. Turn right into site at a blue
sign labeled "Privateer Farms Road."
From Elizabethtown, follow NC 53 north. Travel through the town
of White Oak. From White Oak, travel approximately 5.0 miles to
entrance of the farm. Turn left into the site at a blue sign labeled
"Privateer Farms Road."
Drainage Area 6.0 miz (End of Reach 5-end of the project)
USGS Hydro Unit 03030005
NCDWQ Sub-basin 03-06-15 and 03-06-16
Project Length 34,005 LF (Restoration)
Restoration Approach 34,005 LF of dimension, pattern, and profile
402.5 acres of riverine wetland restoration
25 acres of riverine wetland enhancement
Date of Completion April 2005
Monitoring Dates Monthly through each growing season for 5 years.
MICHAEL BAKER ENGINEERING, INC.
PRIVATEER FARMS - 2008 (YEAR 4) MONITORING REPORT
Table of Contents
1.0 Background Information ..........................................................................................................................1
1.1 Goals and Objectives ..............................................................................................................................1
1.2 Project Location ......................................................................................................................................1
1.3 Project Description .................................................................................................................................1
2.0 Monitoring Results - 2008 (Year 4) Data ................................................................................................5
2.1 Vegetation ...............................................................................................................................................5
2.2 Morphology ..........................................................................................................................................12
2.3 Hydrology .............................................................................................................................................13
2.4 Site Observations ..................................................................................................................................23
Tables and Figures
Table 1
Table 2
Table 3
Table 4
Table 5
Figure
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1
2
3-3d
4
5
6
7
8
9
10
11
12
Background Information
Bare-Root Tree Species Planted Across the Restoration Site
Density of Trees for the 15 Vegetation Sampling Plots
Comparison of Historic Average Rainfall to Observed Rainfall
Hydrologic Monitoring Results for 2008 (Year 4)
Project Vicinity Map
Watershed Map
Overview As-Built Plan Sheets
Comparison of Observed Rainfall and Historic Average Rainfall
Well Data for Reach 1 and Reach 2 of the Privateer Restoration Project
Well Data for Upstream Half of Reach 3 of the Privateer Restoration Project
Well Data for Downstream Half of Reach 3 of the Privateer Restoration Project
Well Data for Upstream Half of Reach 4 of the Privateer Restoration Project
Well Data for Downstream Half of Reach 4 of the Privateer Restoration Project
Well Data for Upstream Half of Reach 5 of the Privateer Restoration Project
Well Data for Downstream Half of Reach 5 of the Privateer Restoration Project
Well Data for Reference Site Wells - Privateer Restoration Project
Appendices (Appendix materials are located on enclosed CD)
Appendix 1 Selected Project Photographs
Appendix 2 2008 (Year 4) Cross-sections
Appendix 3 Well Data
MICHAEL BAKER ENGINEERING, INC.
PRIVATEER FARMS - 2008 (YEAR 4) MONITORING REPORT
1.0 Background Information
The Privateer Farms Restoration Site (Site) is located in Bladen and Cumberland Counties, North Carolina,
approximately fourteen miles southeast of Fayetteville (Figure 1). Prior to restoration, land use on the Site
over the past 20 years had been primarily row crop agriculture. Stream and riparian functions on the Site had
been severely impacted as a result of agricultural conversion. Harrison Creek had historically meandered
through the Site, but was channelized in the early 1980s to reduce flooding and provide a drainage outlet for
the extensive network of ditches excavated across the Site. Subsequent to channelization, Harrison Creek
existed as a large canal running straight through the Site.
Restoration activities for the Site involved moving the stream channel back to its historic location and
elevation, and filling drainage ditches to raise the local water table and restore wetland and stream hydrology.
The plan also included scarification of the fields and breaking of the local plow pan to increase surface water
storage and provide a range of hydrologic conditions suitable for a variety of native wetland plant species.
The restoration plan for the Site predicted the restoration of 405 acres of riverine wetlands, 25 acres of
riverine wetland enhancement, and 33,985 linear feet (LF) of stream restoration. Following construction, the
as-built data indicated that the total area of restored riverine wetlands was 402.5 acres (excluding 2.5 acres for
road accesses), with 25 acres of enhanced riverine wetlands, and 34,005 LF of restored stream channel.
This Annual Monitoring Report presents data from 33 hydrologic monitoring stations and 15 vegetation
monitoring stations placed throughout the Site, in addition to stream monitoring data, as required by the
approved Restoration Plan.
1.1 Goals and Objectives
The goals and objectives of this project were as follows:
• Restore 402.5 acres of riverine wetlands
• Enhance 25 acres of riverine wetlands
• Increase stream length across the Site from 25,000 LF to approximately 34,005 LF through dimension,
pattern and profile adjustments
• Restore Harrison Creek's floodplain and other low lying areas to their historic wetland ecosystem
• Monitor success of the restored and enhanced features during a five-year period following construction.
1.2 Project Location
The Site is located approximately fourteen miles southeast of Fayetteville in Bladen and Cumberland
Counties. From Raleigh, follow Interstate I-40 east to exit 328 (I-95). Merge onto 1-95 south and proceed to
exit 49 (NC 53). Take NC 53 south approximately 12.4 miles to the entrance of the Site. Turn right into the
Site at a blue road sign that reads "Privateer Farms Road."
From Elizabethtown, follow NC 53 north. Travel through the town of White Oak. From White Oak, travel
approximately 5.0 miles to entrance of farm. Turn left at a blue road sign that reads "Privateer Farms Road."
1.3 Project Description
The goal of the project was to restore natural stream and wetland systems to the Site. The stream system that
historically flowed through the Site was channelized and, as a result, was highly incised ("Gc" type stream -
Rosgen classification) prior to restoration. The natural channel design for the restored stream involved the
construction of a new, meandering channel across the agricultural fields. The furthest upstream portion of the
project used sections of the remnant historic channel for Harrison Creek, which were still visible within the
MICHAEL BAKER ENGINEERING, INC.
PRIVATEER FARMS - 2008 (YEAR 4) MONITORING REPORT
existing wetland areas. The remaining portion of the restored channel was constructed as a Rosgen "C"
stream type with design dimensions based on historic reference parameters for Harrison Creek. These
reference parameters were determined from historic aerial photographs, the topography of the valley, and
local reference reach information. The total stream length across the Site was increased from approximately
25,000 LF to 34,005 LF.
The channel design allows discharges greater than bankfull flows to spread onto the floodplain, dissipating
flow energies and reducing stress on streambanks. In-stream structures were used to control streambed grade,
reduce stress on streambanks, and promote bedform sequences and habitat diversity. The in-stream structures
consisted of root-wads, log vanes, and log weirs that promote a diversity of habitat features in the restored
channel. Where grade control was a consideration, constructed riffles were installed to provide long-term
stability. Streambanks were stabilized using a combination of erosion control matting, bare-root planting, and
transplants. Transplants provided immediate shading to the restored stream, as well as living root mass to
increase streambank stability and create holding areas for fish and other aquatic biota.
While restoration of the stream channel followed the historic pattern of Harrison Creek, the restored stream
would most appropriately be considered a tributary to Harrison Creek. Flow from the headwaters of Harrison
Creek has been channelized around the perimeter of the farm. Due to elevation differences between the
restored stream and the channelized stream around the perimeter of the farm, flow from the headwaters of
Harrison Creek could not be diverted back into the restoration channel without causing significant hydrologic
trespass issues beyond the property boundary of Privateer Farms. The restored channel functions as a
headwater tributary to Harrison Creek. It has a drainage area of approximately one square mile at the upper
limits of the project, increasing to six square miles at the downstream end of the project (Figure 2).
Due to the extensive length of stream restoration and changes in drainage area from the beginning to the end
of the Site, the project was divided into five stream reaches. Design ratios were the same for each design
reach and were based on reference reach information; however, the size of each restored channel reach
increased from upstream to downstream to reflect the increasing drainage area.
The large road that ran from north to south through the middle of the project area was graded to floodplain
level to allow spreading of flood flows over the restored floodplain. The excavated road material was used to
fill the road-side canals. The two roads that crossed the project area from east to west were left in place to
allow access across the Site to other parts of the farm.
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Figure 1. Project Vicinity Map
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MICHAEL BAKER ENGINEERING, INC.
PRIVATEER FARMS - 2008 (YEAR 4) MONITORING REPORT
Figure 2. Watershed Map
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MICHAEL BAKER ENGINEERING, INC.
PRIVATEER FARMS - 2008 (YEAR 4) MONITORING REPORT 4
2.0 Monitoring Results - 2008 (Year 4) Data
The five-year monitoring plan for the Site includes criteria to evaluate the success of the wetland hydrology,
vegetation components of the project, and stream components of the project. The specific locations of
vegetation plots, monitoring wells, permanent cross-sections, crest gauges, and a rainfall gauge are shown on
the as-built drawing sheets in Figures 3a through 3d. Photo points are located at each of the monitoring wells,
and at each of the grade control structures along the restored stream channel. Site photographs are included in
Appendix 1.
2.1 Vegetation
Bare root trees were planted within all areas of the conservation easement. A minimum 50-foot buffer was
established along all restored stream reaches. In most areas, the final buffer area was more than several
hundred feet wide and included restored wetland areas. In general, bare-root vegetation was planted at a
target density of 680 stems per acre, or an 8-foot by 8-foot grid. Planting of bare-root trees was conducted
during the dormant season, with all trees installed prior to March 20, 2005.
Observations were made during construction of the Site regarding the relative wetness of areas to be planted.
Planting zones were determined based on these assessments, and planted species were matched according to
their wetness tolerance and the anticipated wetness of the planting area. Species planted are summarized in
Table 2.
Table 2
Bare-root Tree Species Planted Across the Restoration Site.
Common Name Scientific Name Percent
Planted by
Species
Willow oak Quercus phellos 8.6%

Total
Number of
Stems
23,300

Wetness Tolerance

weak - moderate
Swamp chestnut Quercus michauxii 8.6% 23,300 weak
Laurel oak Quercus laurifolia 6.0% 16,200 moderate - weak
Overcup oak Quercus lyrata 6.3% 17,000 moderate
Swamp tupelo Nyssa biflora 7.9% 21,300 tolerant
Water tupelo Nyssa aquatica 8.2% 22,000 tolerant
Bald cypress Taxodium distichum 11.6% 31,200 tolerant
Water oak Quercus nigra 8.6% 23,300 weak - moderate
Sycamore Platanus occidentalis 10.8% 29,200 moderate
Green ash Fraxinus pennsylvanica 10.8% 29,200 moderate
Shumard oak Quercus shumardii 6.5% 17,500 weak
Cherrybark oak Quercus pagoda 5.9% 15,900 weak -intolerant
Notes:
1. Based on information from US Army Corps of Engineers (USACE) Wetland Research Program (WRP)
Technical Note VN-RS-4.1 (1997).
MICHAEL BAKER ENGINEERING, INC.
PRIVATEER FARMS - 2008 (YEAR 4) MONITORING REPORT

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The restoration plan for the Site specified that 15 vegetation plots, each 25 feet by 100 feet in size would be
established across the restoration area. The initial planted density within each of the vegetation monitoring
plots is given in Table 3. The average initial density of planted bare root stems, based on the data from the 15
monitoring plots, was 670 stems/ acre. Data from the end of the fourth growing season are presented in Table
3. The locations of the vegetation plots are shown in Figure 3a-3d.
Table 3
Densit of Trees for the 15 Ve etation Sam lin Plots.
Counted Stems per Plot Stems per Acre (extrapolated)
mp Plot No. initial Vear2 Vear3 Year 4 Initial Year 2 Year 3 Year 4
36 453
1
2 36 34 697 662 627 592
3 31 33 680 645 540 575
4 32 31 575 540 558 540
5 39 39 732 732 680 680
6 R 32 32 645 575 558 558
7 36 36 749 697 627 627
8 26 25 540 540 453 436
9 26 26 610 470 453 453
10 5 3 30 30 610 523 523 523
11 39 18 19 19 680 314 331 331
12 36 29 27 27 627 505 470 470
13 35 16 16 16 610 279 279 279
14 49 16 16 16 854 279 279 279
15 45 37 33 33 784 645 575 575
2.1.1 Results and Discussion
Fifteen monitoring plots, each 0.057 acre in size, were used to predict survivability of the woody
vegetation planted on-site. The vegetation monitoring for 2008 (Year 4) indicated an average
survivability of 491 stems per acre, which is on a trajectory to meet the average vegetation survival
criteria of 260 stems per acre surviving after the fifth growing season.
2.1.2 Areas of Concern
Three monitoring plots had lower than expected survivability rates for Year 4. The survivability rates
for Plots 11, 13, and 14 ranged from 33 to 49 percent and densities ranging from 279 to 331. The
densities for Plots 11, 13 and 14 have remained relatively unchanged since Year 2. The prevalence of
volunteer species was also assessed to determine if natural recolonization is compensating for lower
planted stem densities. Significant volunteer species were noted in Plots 8 and 14. Both of these
plots demonstrated the presence of numerous Acer rubrum (red maple) saplings that were 3 inches to
1 foot in height. Plot 14 also has Liquidambar styraciflua (sweet gum) saplings growing within the
plot boundary. These saplings were not counted during the Year 4 monitoring event.
The 3 vegetation plots that displayed lower than expected survivability in Year 4 (Plots It, 13, and
14) will be monitored closely during the Year 5 growing season. Due to the stability of the vegetation
plots during Year 3 and Year 4, it is most likely that all vegetation plots on the Site will maintain their
current numbers of surviving trees through the completion of the monitoring period. Thus, all
vegetation plots are currently on track to meet the final success criteria of 260 stems/acre after Year 5.
MICHAEL BAKER ENGINEERING, INC.
PRIVATEER FARMS - 2008 (YEAR 4) MONITORING REPORT
2.2 Morphology
Drainage area strongly influences channel morphology. Watershed areas for the reconstructed channel
increase from 1.0 square mile at the beginning of the project to 6.0 square miles at its downstream end
(southern limit of the Site). The project was divided into five stream reaches, and the size of each restored
channel reach was increased from upstream to downstream to reflect the increasing drainage area. Design
ratios were kept the same for each design reach and were based on reference reach information.
Year 4 monitoring for stream stability included data on 67 permanent cross-sections, and data from one
streamflow gauge. Data collection of the cross-sections was completed in December 2008. One stream
gauge is located on-site near the upstream limit of the project (stream gauge # 1). The location of the gauge is
shown in Figures 3a though 3d. Originally, a second stream gauge was installed on the site near the
downstream end of the project. Due to electronic failure of stream gauge #2 in March 2007, the gauge was
removed from the Site in April 2007. Prior to removal, stream gauge #2 had documented enough data to meet
the success criteria of two bankfull events within the five-year monitoring period.
Permanent cross-sections are used to monitor channel dimension and bank erosion over time. Two permanent
cross-sections were established per 1,000 LF of restored stream, with equal proportion of sections across
riffles and pools. Each cross-section was marked on both banks with permanent pins that were surveyed
relative to a common benchmark. This ensures use of the same transects through the entire monitoring
period, facilitating easy comparison of year-to-year data. A complete longitudinal survey was completed in
2005 for the restored stream channel to provide a base-line for evaluating changes in bed conditions over
time. A complete longitudinal survey was also performed during the Year 3 of the monitoring period. During
Year 4 of the monitoring period, only annual cross-section surveys were performed.
The annual cross-section surveys include points measured at all breaks in slope, including top of bank,
bankfull, inner berm, edge of water, and thalweg. The permanent cross-section data are provided in Appendix
2.
Stream gauges were installed on-site to document continuous water levels in the restored channel and record
the occurrence of bankfull events. The gauges were set to automatically record water depth every six hours,
and have a continuous period of record extending from end of construction to present.
Photographs were taken to visually document restoration success during Year 4 of the monitoring period.
Each reference photograph station was marked with wooden stakes and bench-marked using a Global
Positioning System (GPS). Reference photos of both streambanks were taken at each permanent cross-
section. On each streambank photograph, the survey tape is centered and the water line is located along the
lower edge of the frame, showing as much of the bank as possible.
2.2.1 Morphology Success Criteria
The stream restoration success criteria for the site include the following:
Cross-sections: There should be little change in as-built cross-sections. Cross-sections shall be
classified using the Rosgen stream classification method and all monitored cross-sections should
fall within the quantitative parameters defined for "C" type channels.
Longitudinal Profiles: The longitudinal profiles should show that the bedform features are
remaining stable, e.g. they are not aggrading or degrading. Bedforms observed should be
consistent with those observed in "C" type channels.
Photo Reference Stations: Photographs will be used to subjectively evaluate channel aggradation
or degradation, bank erosion, success of riparian vegetation and effectiveness of erosion control
measures. Longitudinal photos should indicate the absence of developing bars within the channel
or of excessive increases in channel depth.
MICHAEL BAKER ENGINEERING, INC. 12
PRIVATEER FARMS - 2008 (YEAR 4) MONITORING REPORT
2.2.2 Results and Discussion
The on-site streamflow gauge documented the occurrence of at least one bankfull flow event during
Year 4 monitoring. The largest stream flow documented by stream gauge #1 occurred during the
beginning of the month in September and was 31.10 inches, which is approximately 7.1 inches above
the bankfull stage at stream gauge # 1. During this event, stream gauge #I registered a continuous
out-of-bank flow for the lower end of the Site for a period of 13 days, from September 6 to September
18, 2008.
Visual evidence of the out-of-bank flows observed during a subsequent site visit helped confirm the
bankfull flow gauge readings. Based on observations of ponded water, debris lines, and deposited
sediment on the floodplain, this bankfull event spread over a substantial portion of the restored
wetland areas adjacent to the stream.
Cross-section data collected for during Year 4 indicates that very little adjustment in channel
dimension has occurred since restoration of the stream channel, with all monitored cross-sections
maintaining their design parameters within acceptable ranges. The cross-section data indicate that
pools are maintaining their depth and riffles are remaining stable and holding grade. According to the
data, there are no cross-sections that indicate presence of bank erosion and no areas of bank erosion
were observed on the site during Year 4.
Per the approved restoration plan for the Site, a longitudinal profile for Year 4 was not surveyed
during 2008. The final longitudinal survey for the Site is scheduled to take place during Year 5
(2009) monitoring.
In-stream structures installed within the restored stream included constructed riffles, log vanes, log
weirs, and root wads. Visual observations of structures throughout the past growing season have
indicated that all structures are functioning as designed.
Recent beaver activity was noted on the site during Year 4 of monitoring. During October 2008, two
small beaver dams were observed across the restored channel on reach 2. The beaver dams are
scheduled to be removed during the winter of 2008/2009.
Photographs were taken in October of the Year 4 growing season to document the evolution of the
restored stream channel (see Appendix 1). Restored pools have maintained a variety of depths and
habitat qualities, depending on the location and type of scour features (logs, root wads, etc.).
Permanent vegetation seeded on the restored stream banks was noted.
2.2.3 Areas of Concern
No areas of concern have been identified for the restored stream channel segments.
2.3 Hydrology
The restoration plan for the Site specified that 30 monitoring wells (15 automated and 15 manual) would be
established across the restored area. Thirty wells (15 automated and 15 manual) were installed initially during
March 2005 to document water table hydrology in all required monitoring locations throughout the Site. The
locations of the monitoring wells are shown on the as-built plan sheets in Figures 3a through 3d.
The reference wetland site identified for this project and described in the Monitoring Plan is also being
monitored. Three automated monitoring wells were installed at the reference site during April 2005 to
document variation in water table depth across the reference site. Data from these wells provide a base of
comparison for water table hydrology between the Site and the established wetland areas.
MICHAEL BAKER ENGINEERING, INC.
PRIVATEER FARMS - 2008 (YEAR 4) MONITORING REPORT
Monthly photographs were taken during the Year 4 growing season to document vegetation growth
throughout the restored wetland areas (see Appendix 1). The monitoring well locations will serve as the
reference points from which photographs of vegetation growth will be taken over time.
As per the approved Privateer Farms Monitoring Plan, historic rainfall for Cumberland County was used to
determine average rainfall and growing season dates for the Site. The automated weather station William O.
Huske L&D (UCAN: 14405, COOP: 319427) in Bladen County, located within five miles of the Site, is
normally used to determine rainfall over the Site during each growing season. Missing data are supplemented
with data from the next closest weather station, Elizabethtown Lock 2 gauge (UCAN: 14082, COOP: 312732)
in Bladen County.
The 2008 data from the William O. Huske Station exhibited erroneous data recordings between January and
November 2008. Therefore, rainfall data from the automated weather station, Elizabethtown Lock 2 were
used. The manual rainfall gauge on the Site was used to validate observations made at the automated
weather station. The on-site rain gauge measured total rainfall between March and November 2008 as 49.62
inches. For the same period, the Elizabethtown Lock 2 gauge measured 44.43 inches of rainfall.
2.3.1 Success Criteria
Successful restoration of wetland hydrology is defined in the project's Restoration Plan as achieving
continuous inundation of the site or continuous saturation of its soil within 12 inches of soil surface
for a minimum of 12.5 percent of the growing season, or 30 consecutive days. The day counts are
based on the growing season for Cumberland County, which is 242 days long, beginning on March 18
and ending November 15, as calculated from National Weather Service Wetlands Determination
Tables (WETS) for Cumberland County. Data on inundation height or depth of soil saturation line
were obtained from the 15 automated monitoring wells and 15 manual monitoring wells in place
throughout the site. Data defining successful hydrologic conditions must demonstrate that wetland
conditions are present in normal or dryer than normal conditions.
If rainfall data for any given year during the monitoring period are not normal, and if the desired
hydrology for the project site is not on a trajectory to achieve success, then data from the pre-defined
reference wetland site for this project can be assessed to determine if there is a positive correlation
between the underperformance of the restoration site and the natural hydrology of the reference site.
If the restored site is inundated or saturated within 12 inches of the soil surface for less than 12.5
percent of the growing season, but the post-restoration monitoring data reflect that the site meets
applicable USACE criteria for wetlands and the site is performing with similar hydrology as the
monitored reference site, then the regulatory agencies may consider the site for mitigation of in-kind
impacts on a case-by-case basis.
2.3.2 Results and Discussion
The total monthly rainfall for the 2008 growing season was above the approximated long-term
average for the area. According to the automated weather station at Elizabethtown Lock 2, the
months of March, June and October of the 2008 growing season experienced below average rainfall.
The months of April, May, July, August, September and November experienced normal or above
normal conditions.
According to the automated weather station Elizabethtown Lock 2, total rainfall for the 2008 growing
season was more than 8 inches above the long-term average for total growing season rainfall. Table 4
and Figure 4 compare historic and average rainfall over the area with the observed, during the 2008
growing season.
Data collected from the fifteen automatic monitoring well gauges at the Site showed that all gauges
met the hydrologic success criteria for Year 4 monitoring. The fifteen automatic gauges that met the
MICHAEL BAKER ENGINEERING, INC. 14
PRIVATEER FARMS - 2008 (YEAR 4) MONITORING REPORT
success criteria exhibited a continuous hydroperiod from 21.3 percent to 47.5 percent. The gauges
exhibited a cumulative hydroperiod from 76 to 212 days or 31.8 percent to 88.7 percent of the Year 4
growing season. The data indicate that the locations experienced significant wetness and surface
saturation conditions during the 2008 growing season. Data collected from on-site well gauges are
presented in Appendix 3. The hydrologic monitoring results for the gauges are shown in Table 5.
The three wells located in the reference site indicated drier conditions than the Site for 2008. The
three automatic gauges exhibited a continuous hydroperiod from 8 to 24.5 days or 3.3 percent to 10.3
percent. The reference gauges exhibited a cumulative hydroperiod from 15.5 to 75.5 days or 6.5
percent to 31.6 percent of the Year 3 growing season. The REF3 gauge documented hydrologic
conditions most similar to areas of the restored site, with a continuous hydroperiod of approximately
10.3 percent. The other two reference wells, REF 1 and REF2, documented somewhat drier
conditions, and it is suspected that these locations are experiencing a significant drainage effect from
the nearby stream channel.
During Year 4 of the monitoring period AW 19, AW20, AW24 and MW21 sustained damage due to
bear activity on the Site. Site visits at these gauge locations revealed signs of bear activity around the
wells such as, bite marks on PVC, bent support posts and remnants of bear scat. The gauges were all
located at the downstream portion of the Site and were out of public view in thick vegetation. Due to
these reasons, bear activity is attributed to the gauge destruction. All dataloggers or well casings have
been either replaced or repaired and the aforementioned wells are now fully operational.
MICHAEL BAKER ENGINEERING, INC. 15
PRIVATEER FARMS - 2008 (YEAR 4) MONITORING REPORT
Table 4
Comparison of Historic Average Rainfall to Observed Rainfall (Inches).
Elizabethtown Observed I!.
Month Average 1' 70% Precipitation
January 4,16 3.06 5.13 2.54
February 3.43 2.22 4.11 4.25
March 4,37 3.24 5.22 4.1
April 3.06 1.77 4.13 5.47
May 3.29 2.25 4.2 3.48
June 4.18 2.36 5.02 1.05
July 5.21 3.69 6.7 7.24
August 5.21 3.54 6.36 9.53
September 4.77 2.36 6.46 8.15
October 3.15 1.73 3.76 1.15
November 2.88 1.75 3.76 4.26
December 3.24 2.3 3.81 N/A
Figure 4. Comparison of Observed Rainfall and Historic Average Rainfall.
Privateer Stream & Wetland Mitigation Site
Historic Average vs. Observed Rainfall
12

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- ,a - Historic 30% probable - Historic 70% probable -?-- Elizabethtown Observed 2008 - - -.- • - Average

MICHAEL BAKER ENGINEERING, INC. 16
PRIVATEER FARMS - 2009 (YEAR 4) MONITORING REPORT
Monitoring well data are shown in Figures 5 through 11 and in Appendix 4. A separate graph is
presented for monitoring wells in each of the five reaches that comprise the project, except for data
from Reach 1 which are included with Reach 2 data. Wherever there were more than five monitoring
wells in a single reach, data for that reach are presented in two separate graphs: one for the upstream
half of the reach and another for the downstream half of the same reach. Reference site well data are
presented in Figure 12.
Table 5
Hydrologic Monitoring Results for 2008 (Year 4).

Monitoring
Station Most Consecutive
Days Meeting
Criteria'
Cumulative Days
Meeting Criteria'
Number of Instances
Meetin Criteria'
MW 14 79.5 (33.3%) 172(72%) 11
MW25 98(41.0%) 158.5 (66.3) 6
MW35 98 (41.0°/x) 158.5 (66.3) 6
AW4 98(41.0%) 158.5 (66.3) 6
MW55 98(41.0%) 158.5 (66.3) 6
AW6 79.5 (33.3%) 172(72%) 11
MW76 80(33.5%) 180.5 (75.5%) 5
AW8 112(46.9%) 212(88.7%) 4
AW9 80(33.5%) 180.5 (75.5%) 5
MW 106 80(33.5%) 180.5 (75.5%) 5
MW 11' 79.5 (33.3%) 179(74.9%) 5
AW 12 79.5 (33.3%) 179(74.9%) 5
AW13 79.5 (33.3%) 161(67.4%) 7
MW 149 79.5 (33.3%) 161(67.4%) 7
AW15 79.5 (33.3%) 146.5 (61.3%) 7
MW 168 79.5 (33.3%) 146.5 (61.3%) 7
AW17 79.5 (33.3%) 156.5 (65.5%) 9
MW1810 79.5 (33.3%) 155.5 (65.1°/x) 7
AW19 79.5 (33.3°/x) 155.5 (65.1%) 7
AW20 58.5 (24.5%) 76(31.8%) 5
MW2110 79.5 (33.3%) 155.5 (65.1%) 7
AW22 113.5 (47.5%) 194(81.2%) 2
MW2310 79.5 (33.3%) 155.5 (65.1%) 7
AW24 79.5 (33.3%) 151(63.2%) 2
MW2510 79.5 (33.3%) 155.5 (65.1%) 7
A W?F 51 (21.3%) 122.5 (51.3%) 5
AW27 79.5 (33.3%) 151.5 (63.4%) 6
MW2810 79.5 (33.3%) 155.5 (65.1%) 7
MICHAEL BAKER ENGINEERING, INC.
PRIVATEER FARMS - 2008 (YEAR 4) MONITORING REPORT
AW29 80(33.5%) 165.5 (69.2%) 9
MW3011 80(33.5%) 165.5 (69.2%) 9
REF1 8(3.3%) 15.5 (6.5%) 4
REF2 13.5(5.6%) 27(11.3%) 5
REF3 24.5 (10.3%) 75.5 (31.6%) 9
' Indicates the most consecutive number of days within the monitored growing season with a water table less
than 12 inches from the soil surface.
Indicates the cumulative number of days within the monitored growing season with a water table less than 12
inches from the soil surface.
Indicates the number of instances within the monitored growing season when the water table rose to less than
12 inches from the soil surface.
4 Groundwater gauge MW I is a manual gauge. Hydrologic parameters are estimated based on data from gauge
AW6.
'Groundwater gauges MW2, MW3, and MW5 are manual gauges. Hydrologic parameters are estimated based
on data from gauge AW4.
6 Groundwater gauges MW7 and MW 10 are manual gauges. Hydrologic parameters are estimated based on data
from gauge AW9.
7 Groundwater gauge MW 1 I is a manual gauge. Hydrologic parameters are estimated based on data from gauge
AW12.
'Groundwater gauge MW 16 is a manual gauges. Hydrologic parameters are estimated based on data from gauge
AW15.
9 Groundwater gauge MW 14 is a manual gauge. Hydrologic parameters are estimated based on data from gauge
AW13.
10 Groundwater gauges MW 18, MW21, MW23, MW25, and MW28 are manual gauges. Hydrologic parameters
are estimated based on data from gauge AW 19.
I Groundwater gauge MW30 is a manual gauge. Hydrologic parameters are estimated based on data from
gauge AW29.
MI( HAEL 13AKER ENGINEERING, INC. 18
PRIVATEER FARMS - 2008 (YEAR 4) MONITORING REPORT
Figure 5. Well Data for Reach 1 and Reach 2 of the Privateer Restoration Project.
Privateer Wells -Reach 1 & 2
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-50
11/14/2007 1/13/2008 3/13/2008 5/12/2008 7/11/2008 9/9/2008 11/8/2008
Date
Figure 6. Well Data for Upstream Half of Reach 3 of the Privateer Restoration Project.
Privateer Wells - Upstream Half of Reach 3
c
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C° 0
-10
O
a
O
-20
ca
w -30
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-50
11/14/2007 1/13/2008 3/13/2008 5/12/2008 7/11/2008 9/9/2008 11/8/2008
Date
MICHAEL BAKER ENGINEERING, INC.
PRIVATEER FARMS - 2008 (YEAR 4) MONITORING REPORT
Figure 7. Well Data for Downstream Half of Reach 3 of the Privateer Restoration Project.
Privateer Wells -Downstream Half of Reach 3
iu
L 0
7
N
-10
O
O
-20
M
A
-30
d
O
J
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MA
3
-50

... MW7 AW8 _._ _._..._.-AW9 ...*... MW10
11/14/2007 1/13/2008 3/13/2008 5/12/2008 7/11/2008 9/9/2008 11/8/2008
Date
Figure 8. Well Data for Upstream Half of Reach 4 of the Privateer Restoration Project.
Privateer Wells - Upstream Half of Reach 4
1u
c?
4! o
N
-10
O
O
-20
t0
-30
Z
ur
J
? -40
10
3
-50
11/14/2007 1/13/2008 3/13/2008 5/12/2008 7/11/2008 9/9/2008 11/8/2008
Date
MILHAtL ISAKEK ENGINEEKING, INC. _ 20
PRIVATEER FARMS - 2008 (YEAR 4) MONITORING REPORT
Figure 9. Well Data for Downstream Half of Reach 4 of the Privateer Restoration Project.
Privateer Wells - Downstream Half of Reach 4
.
10 ?.
t 0,}? ` A9
10
C7
o
` -20
r'
-30 ! j
d
m
-40
d
MW18 AW19
-50
11/14/2007 1/13/2008 3/13/2008 5/12/2008 7/11/2008 9/9/2008 11/8/2008
Date
Figure 10. Well Data for Upstream Half of Reach 5 of the Privateer Restoration Project.
Privateer Wells - Upstream Half of Reach 5
10
d ?
i -- --
C1 1. )K

-10
i. .
0
0
".
-20 a 1
;
?
> .

-30
d
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-40
d
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AW20 r .. MW21
___ _ - AW22 MW23
--W - AW24 --- x... MW5

-50
11114/2007
1/13/2008 3/13/2008
5/12/2008 7/11/2008
919/2008 11/8/2008
Date
MICHAEL BAKER ENGINEERING, INC. 21
PRIVATEER FARMS - 2008 (YEAR 4) MONITORING REPORT
Figure 11. Well Data for Downstream Half of Reach 5 of the Privateer Restoration Project.
Privateer Wells -Downstream Half of Reach 5
I 10
a?
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rn
v
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2 -10
0
0
> -20

w
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-30
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-50
11/14/2007 1/13/2008
Figure 12. Well Data for Reference Site Wells - Privateer Restoration Project.
Privateer Wells - Reference Site Wells
20
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2
0 -10
0
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REF1 REF2 - REF3
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11/1412007 1/13/2008 3/13/2008 5/12/2008 7/11/2008 9/9/2008 11/8/2008
Date
MICHAEL BAKER ENGINEERING, INC. 22
PRIVATEER FARMS - 2008 (YEAR 4) MONITORING REPORT
3/13/2008 5/12/2008 7/11/2008 9/9/2008 11/8/2008
Date
2.3.3 Areas of Concern
Based on these results, it was concluded that the Site is performing as designed. There are currently
no areas of concern regarding the monitoring wells on the Site.
2.4 Site Observations
Many different animal species were observed throughout the Site: white tail deer, river otter, birds of prey,
wild turkey, great blue herons, wood ducks and many other birds. Turtles, several snake species and small
fish in the stream were commonly observed on-site. No black bear sightings took place on the Site.
However, evidence of bear scat was noted in several locations within the restoration area.
Thick, herbaceous vegetation nearly covers the Site. Observed species included rush (Juncus sp.), goldenrod
(Solidago sp.), switchgrass (Panicum virgatum), lespedeza (Lespedeza), fennel (Foeniculum vulgare),
tearthumb (Polygonum sagittatum), and various other grasses.
MICHAEL BAKER ENGINEERING, INC. 23
PRIVATEER FARMS - 2008 (YEAR 4) MONITORING REPORT
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Privateer Farm
Addendum to the NCDOT UMBI
January 2009
A. Site History
The Privateer Farm stream and wetlands restoration site (the Site) is located in United
States Geological Survey (USGS) Hydrologic Unit (HU) 03030005 and North Carolina
Division of Water Quality (NCDWQ) Cape Fear River sub-basins 15 and 16 along Little
Alligator Swamp and Harrison Creek. The Site is located in the Southeastern Plains
Level III Ecoregion (Southeastern Floodplains and Low terraces Level IV Ecoregion) and
includes portions of Cumberland and Bladen Counties, approximately 6 miles from the
southern boundary of CU 03030004 (see Figure 1). The surrounding area includes
hundreds of elliptical shaped wetlands, called Carolina Bays, and is listed by the National
Audubon Society as an Important Bird Area (IBA) for its unique habitats.
The Site encompasses a 430-acre boundary contained within the 4,600 acre farm
property. The property owners, Ms. Sharon Valentine and Mr. Marvin Johnson, intend to
restore the entire property to its historic wetland ecosystem. The restoration project
involving historic Harrison Creek is the first step toward this goal and is the centerpiece
of the restoration effort (see Figure 2).
The North Carolina Department of Transportation (NCDOT) holds a conservation
easement over the Site; the easement was signed December 24`h, 2003. A minor
correction was made to the document's notary page and the corrected easement was
signed July 7`h, 2005. Both copies are available at:
http://www.ncdot.org/doh/preconstruct/pe/neu/Monitoring/default.litml.
The remainder of the farm property to be restored has entered into the Natural Resources
Conservation Services (NRCS) Wetlands Reserve Program. Currently the easement has
been obtained by NRCS. NRCS is planning to complete the engineering design in-house,
which will most likely consist of ditch plugs, with review and comments provided by
Baker Engineering. NRCS is fully aware of the NCDOT easement and mitigation credit
and are committed in preserving the integrity of the NCDOT project.
Prior to restoration, stream and riparian functions on the Site had been severely impacted
as a result of agricultural conversion. Harrison Creek was channelized in the early 1980s
to reduce flooding and provide a drainage outlet for the extensive ditching across the Site.
As a result, the stream existed as a very large canal through the project site. Backwater
conditions were imposed along extensive sections of the stream due to culverts and debris
blockages, and natural riffle and pool sequences were nearly non-existent. Harrison
Creek is classified as Class C waters, which are suitable for aquatic life propagation and
survival, fishing, wildlife, secondary recreation, and agriculture.

B. Project Goals
The goal of the project is to restore functional stream and wetland systems to the Site.
The stream system that historically flowed through the Site was channelized and, as a
result, was highly incised ("Gc" type stream - Rosgen classification) prior to restoration.
The natural channel design for the restored stream involved the construction of a new,
meandering channel across the agricultural fields. The furthest upstream portion of the
project used sections of the remnant historic channel for Harrison Creek that were still
visible within the existing wetland areas. The remaining portion of the restored channel
was constructed as a Rosgen "C" stream type with design dimensions based on historic
reference parameters for Harrison Creek. These reference parameters were determined
from historic aerial photographs (see Figure 3), the topography of the valley, and local
reference reach information. The total stream length across the Site was increased from
approximately 25,000 LF to 34,000 LF. Restoration activities for the Site involved
moving the stream channel back to its historic location and elevation, and filling drainage
ditches to raise the local water table and restore wetland and stream hydrology. The plan
also included scarification of the fields and breaking of the local plow pan to increase
surface water storage and provide a range of hydrologic conditions suitable for a variety
of native wetland plant species.
The following excerpt from the original mitigation plan, titled Privateer Farm Restoration
Plan, July 2004, completed by Buck Engineering, details the performance standards for
the Site:
Wetland Hydrologic Monitoring
Success Criteria: To meet the hydrologic success criteria, the monitoring data must show
that for each normal year within the monitoring period, the Site has been inundated or
saturated within 12 inches of the soil surface for a minimum of 12.5% of the growing
season (30 consecutive days). This targeted hydroperiod is based on hydrologic model
analyses of the Site, as presented in Section 3.6. WETS tables for Cumberland County
will be utilized to determine normal precipitation. If the restored Site is inundated or
saturated within 12 inches of the soil surface for less than 12.5% of the growing season,
but the post-restoration monitoring data reflect that the Site meets applicable USACE
criteria for wetlands and the Site is performing with similar hydrology as a monitored
reference site, then the regulatory agencies may consider the Site for mitigation of in-kind
impacts on a case-by-case basis.
Vegetation Monitoring
Success Criteria: Success will be defined as 320 stems per acre after five years. When
rooted vegetation does not survive, a determination will be made as to the need for
replacement; in general, if greater than 25% die, replacement will be done.
Stream Monitoring
Bankfull Events
Success Criteria: Data collected from the stream gages should indicate that
bankfull events are occurring on a natural cycle, as compared to return intervals
documented by Sweet and Geratz (2003). At least two bankfull events should be
documented within the five year monitoring period.
Cross-sections
Success Criteria: There should be little or no change in as-built cross-sections. If
changes do take place they should be evaluated to determine if they represent a
movement toward a more unstable condition (e.g., down-cutting, erosion) or are
minor changes that represent an increase in stability (e.g., settling, vegetative
changes, deposition along the banks, decrease in width-to-depth ratio and/or
cross sectional area).
Longitudinal Profile
Success Criteria: The longitudinal profiles should show that the bedform features
are remaining stable, i.e. they are not aggrading or degrading. The pools should
remain deep with flat water surface slopes and the riffles should remain steeper
and shallower.
Photo Reference Sites
Success Criteria: Photographs will be used to subjectively evaluate channel
aggradation or degradation, bank erosion, success of riparian vegetation, and
effectiveness of erosion control measures. Longitudinal photos should indicate
the absences of developing bars within the channel or an excessive increase in
channel depth.
Lateral photos should not indicate excessive erosion or continuing degradation of
the bank over time. A series of photos over time should indicate successional
maturation of riparian vegetation. Vegetative succession should include initial
herbaceous growth, followed by increasing densities of woody vegetation, and
then ultimately a mature overstory with herbaceous understory.
C. Site Construction
While restoration of the stream channel followed the historic pattern of Harrison Creek,
the restored stream would most appropriately be considered a tributary to Harrison Creek.
Flow from the headwaters of Harrison Creek was channelized around the perimeter of the
farm as part of the conversion of the Site to agricultural land. Due to elevation differences
between the restored stream and the channelized stream around the perimeter of the farm,
flow from the headwaters of Harrison Creek could not be diverted into the restoration
channel without causing significant hydrologic trespass issues beyond the property
boundary of Privateer Farm. Therefore, the restored channel was designed to function as
a headwater to Harrison Creek, with a drainage area of approximately one square mile,
increasing to a drainage area of six square miles at the downstream end of the project
(Figure 2).
Due to the extensive length of stream restoration and changes in drainage area from the
beginning to the end of the project, the project was divided into five stream reaches.
Design ratios were the same for each design reach and were based on reference reach
information. The size of each restored channel reach increased from upstream to
downstream to reflect the increasing drainage area.
The channel design allows discharges greater than bankfull flows to spread onto the
floodplain, dissipating flow energies and reducing stress on streambanks. In-stream
structures were used to control streambed grade, reduce stress on streambanks, and
promote bedform sequences and habitat diversity. The in-stream structures consisted of
root-wads, log vanes, and log weirs that promote a diversity of habitat features in the
restored channel. Streambanks were stabilized using a combination of erosion control
matting, bare-root planting, and transplants. Transplants provided immediate shading to
the restored stream, as well as living root mass to increase streambank stability and create
holding areas for fish and other aquatic biota.
The new stream channel was constructed "in the dry" and all stabilization practices were
in place prior to routing stream water into the new sections of channel. When
construction of a new reach was completed, plugs were installed in the old channel to re-
direct the water into the new channel. After the water had been diverted, the process of
filling the old channel with soil began.
The large road that ran from north to south through the middle of the project area was
graded to floodplain level in order to fill the road-side canals, and to allow flood flows to
spread over the restored floodplain. The north-south road was completely removed within
the limits of the project. Two roads that cross the project area from east to west were left
in place and to allow for access across the Site to other parts of the farm.
The as-built data collected after construction documented that the total area of restored
riverine wetlands was 402.5 acres (excluding 2.5 acres for road accesses), with 25 acres
of enhanced riverine wetlands, and 34,005 LF of restored stream channel. Construction
of this project was completed in April 2005.
Bare root trees were planted within all areas of the conservation easement. A minimum
50-foot buffer was established along all restored stream reaches. In most areas, the final
buffer area was more than several hundred feet wide and included restored wetland areas.
In general, bare-root vegetation was planted at a target density of 680 stems per acre, or
an 8-foot by 8-foot grid. Planting of bare-root trees was conducted during the dormant
season, with all trees installed prior to March 20, 2005.
Observations were made during construction of the Site regarding the relative wetness of
areas to be planted. Planting zones were determined based on these assessments, and
planted species were matched according to their wetness tolerance and the anticipated
wetness of the planting area. Species planted are summarized in Table 1.
Table 1
Bare-root Tree Species Planted Across the Privateer Farm Restoration Site.
Common Name Scientific Name Percent Total Wetness Tolerance
Planted Number
by Species of Stems
Willow oak Quercus phellos 8.6% 23,300 weak - moderate
Swamp chestnut Quercus michauxii 8.6% 23,300 weak
Laurel oak Quercus laurifolia 6.0% 16,200 moderate - weak
Overcup oak Quercus lyrata 6.3% 17,000 moderate
Swamp tupelo Nyssa biflora 7.9% 21,300 tolerant
Water tupelo Nyssa aquatica 8.2% 22,000 tolerant
Bald cypress Taxodium distichum 11.6% 31,200 tolerant
Water oak Quercus nigra 8.6% 23,300 weak - moderate
Sycamore Platanus occidentalis 10.8% 29,200 moderate
Green ash Fraxinus pennsylvanica 10.8% 29,200 moderate
Shumard oak Quercus shumardii 6.5% 17,500 weak
Cherrybark oak Quercus pagoda 5.9% 15,900 weak -intolerant
Notes:
1. Based on information from US Army Corps of Engineers (USACE) Wetland Research Program
(WRP) Technical Note VN-RS-4.1 (1997).
D. Current Status
The project has completed its fourth year of annual monitoring. Data for Year 4
monitoring was collected during the fall of 2008, and will include data from 30
hydrologic monitoring stations and 15 vegetation monitoring stations placed throughout
the Site, in addition to stream monitoring data, as required by the approved Restoration
Plan. The 2008 Monitoring report for the Privateer Farm Site is summarized below.
Vegetation Monitoring
Fifteen vegetation monitoring plots are located randomly throughout the project site. The
vegetation monitoring for 2008 (Year 4) indicated an average survivability of 491 stems
per acre, which is on a trajectory to meet the average vegetation survival criteria of 260
stems per acre surviving after the fifth growing season. Three monitoring plots had lower
than expected survivability rates for Year 4. The survivability rates for Plots 11, 13, and
14 ranged from 33 to 49 percent and densities ranging from 279 to 331. The densities for
Plots It, 13 and 14 have remained relatively unchanged since Year 2. It is most likely
that all vegetation plots on the Site will maintain their current numbers of surviving trees
through the completion of the monitoring period.
Significant volunteer species were noted in Plots 8 and 14. Both of these plots
demonstrated the presence of numerous Acer rubrum (red maple) saplings that were 3
inches to 1 foot in height. Plot 14 also has Liquidambar styraciflua (sweet gum) saplings
growing within the plot boundary. These saplings were not counted during the Year 4
monitoring event.
Stream Flow Monitoring
Two automated stream stage gages were installed along the restored stream after
construction, with one gage installed at the upstream end of the project and the other at
the downstream end of the project. Both streamflow gauges have documented the
occurrence of at least one bankfull flow event during each of the first four years of
monitoring.
Geomorphic Monitoriniz
Sixty-eight permanent cross-sections are installed along the restored stream, at intervals
of approximately 500 - 600 feet. Cross-section data collected for during Year 4 indicates
that very little adjustment in channel dimension has occurred since restoration of the
stream channel, with all monitored cross-sections maintaining their design parameters
within acceptable ranges. The cross-section data indicate that pools are maintaining their
depth and riffles are remaining stable and holding grade. According to the data, there are
no cross-sections that indicate presence of bank erosion and no areas of bank erosion
were observed on the Site during Year 4.
Per the approved restoration plan for the Site, a longitudinal profile for Year 4 was not
surveyed during 2008. The final longitudinal survey for the Site is scheduled to take
place during Year 5 (2009) monitoring.
According to the 2007 data, the longitudinal profile data for Year 3 indicate that minor
adjustments in bed elevation are occurring along the design reaches, but changes are on
the order of several tenths of a foot in most locations. This is attributed to the dense
growth of vegetation along the channel toes that restricts flows near the center of the
channel. This restriction under low flow conditions concentrates flows and provides for
some scouring of the thalweg in certain reaches. However, this scouring is considered a
normal bed adjustment process and has not been observed to cause channel instability or
head-cutting. Log weir grade control structures were installed along all restored stream
reaches for this purpose, and the longitudinal profile data indicate that these structures are
maintaining grade. Based on current monitoring data, the stream is functioning as
designed.
Photographic Monitoring
Photographs were taken in October of the Year 4 growing season to document the
evolution of the restored stream channel (see Appendix 1). Restored pools have
maintained a variety of depths and habitat qualities, depending on the location and type
of scour features (logs, root wads, etc.). Permanent vegetation seeded on the restored
stream banks was noted.
Wetland Hydrology Monitoring
The total monthly rainfall for the 2008 growing season was above the approximated long-
term average for the area. According to the automated weather station at Elizabethtown
Lock 2, the months of March, June and October of the 2008 growing season experienced
below average rainfall. The months of April, May, July, August, September and
November experienced normal or above normal conditions. Data collected from the
fifteen automatic monitoring well gauges at the Site showed that all gauges met the
hydrologic success criteria for Year 4 monitoring. The fifteen automatic gauges that met
the success criteria exhibited a continuous hydroperiod from 21.3 percent to 47.5 percent.
The gauges exhibited a cumulative hydroperiod from 76 to 212 days or 31.8 percent to
88.7 percent of the Year 4 growing season. The data indicate that the locations
experienced significant wetness and surface saturation conditions during the 2008
growing season. Complete monitoring reports for the Privateer Farm site are available at:
http://www.ncdo t.org/doh/preconstruct/pe/neu/Monitoring/defatilt.litml,
E. Community Types
Following construction, the as-built data indicated that the total area of restored riverine
wetlands was 402.5 acres (excluding 2.5 acres for road accesses), with 25 acres of
enhanced riverine wetlands. The upper portion of the project area to the northern road
crossing (approximately 72 acres) has subsequently been classified as Headwater Forest,
as shown in Figure 4. The middle portion of the project area (from the northern road
crossing to the southern road crossing the property (approximately 333 acres), has been
classified as Bottomland Hardwood Forest. The lower portion of the project area
(approximately 25 acres) has been classified as Riverine Swamp Forest.
All three wetland types were evaluated in the summer of 2007 with the North Carolina
Wetland Assessment Method (NCWAM) and received an overall score of high quality.
The Riverine Swamp and Bottomland Hardwood forests received a low score for the
habitat function. These low habitat scores reflect the lack of mature trees and expected
strata. However, the habitat scores are expected to improve over time as the vegetation
trends toward the expected canopy and diversity.
Based on 2008 vegetation monitoring, twelve of the fifteen vegetation plots are currently
meeting the stated success criteria. All of the wetlands on the Site are on a trajectory to
meet restoration goals of 260 stems per acre after five years.
Three sections of the restored stream, corresponding to the three wetland evaluation
locations, were evaluated using the draft North Carolina Stream Assessment Method
(NCSAM) during the summer of 2008. While the NCSAM is still under development,
the draft metrics and procedures were used to gain a general measurement of restored
stream function. The stream sections adjacent to the Riverine Swamp and Bottomland
Hardwood forests received a low quality score for the habitat function. These scores are
characteristic of a site with low richness and diversity of benthic macroinvertebrates, lack
of mature vegetation in the stream-side area and lack of in-stream habitat types. The
drought conditions and age of the Site contributed to these reduced scores. However,
these factors are expected to improve over time since the Site is protected in perpetuity.
The NCWAM forms for Privateer Farms can be found at:
http://www.ncdot.org/doh/preconstruct/pe/neu/Monitoring.
E. Proposed Credits
The following credit ratios are used in the calculation of mitigation credits:
Stream Restoration - 1:1
Wetland Restoration - 1:1
Wetland Enhancement - 2:1
Based on the ratios above, the Privateer Farm Mitigation Bank is expected to generate the
following amounts of mitigation credit:
Riverine Wetlands - 415 credits (402.5 acres of restoration and 25 acres are
enhancement)
Streams - 34,005 feet (all restoration)
F. Credit Release Schedule / Available Credits
A total of 34,005 stream and 415 wetland credits are expected to be generated by the
Privateer Farm project.
Wetland Credit Release Schedule
If deemed appropriate by the Interagency Review Team (IRT), 15% of a bank's total
restoration credits shall be available for sale immediately upon completion of all of the
following:
1. Execution of the mitigation banking instrument by the Sponsor, the Corps, and
other agencies eligible for membership in the IRT who choose to execute the
agreement;
2. Approval of the final mitigation plan;
3. Delivery of the financial assurances;
4. Recordation of the preservation mechanism, as well as a title opinion acceptable
to the Corps covering the property;
Additionally, no later than the first full growing season following initial debiting of the
bank, the Sponsor must complete the initial physical and biological improvements to the
bank site pursuant to the mitigation plan. Subject to a bank sponsor's continued
satisfactory completion of all required success criteria and monitoring, additional
restoration mitigation credits will be available for sale by a bank sponsor on the following
schedule:
• 10% after first year, if interim success measures are met (total 25%);
• 10% after second year; if interim success measures are met (total 35%);
• 10% after third year; if interim success measures are met (total 45%);
• 15% after fourth year; if interim success measures are met (total 60%);
• 15% after fifth year, if Success Criteria are met (total 75%); and
• 25% after fifth year, if the bank site meets the overall objectives and Success
Criteria set forth in the mitigation plan (total 100%).
The above schedule applies only to the extent that the bank sponsor documents
acceptable survival and growth of planted vegetation, and attainment of acceptable
wetland hydrology as described under the success criteria in the mitigation plan. The final
25% of credits will be available for sale only upon a determination by the IRT of
functional success as defined in the mitigation plan.
Stream Credit Release
The following credit release schedule applies only to those stream projects where
Restoration or Enhancement I has been performed where pattern, dimension, and profile,
or dimension and profile (respectively) have been improved.
If deemed appropriate by the IRT, 15% of a banks total stream credits shall be available
for sale immediately upon completion of all of the following:
1. Execution of the mitigation banking instrument by the Sponsor, the Corps, and
other agencies eligible for membership in the IRT who choose to execute the
agreement;
2. Approval of the final mitigation plan;
3. Delivery of the financial assurances;
4. Recordation of the preservation mechanism, as well as the title opinion covering
the property that is acceptable to the Corps.
Additional stream credits would be available according to the following release schedule:
• Construction release: 15 % upon completion of all initial physical and biological
improvement s made pursuant to the mitigation plan: (30% cumulative)
• After year 1: 10% provided channel is stable and all other success criteria are met
(40%).
• After year 2: 10% provided channel is stable and all other success criteria are met
(50%).
• After year 3: 10% provided channel is stable and all other success criteria are met
(60%)
• After year 4: 10% provided channel is stable and all other success criteria are met
(70%)
• After year 5: 15% provided channel is stable and all other success criteria are met
(85%)
A reserve of 15% of the banks total stream credits shall be released any time after 2 bank-
full events have occurred, in separate years, provided the channel stable and all other
success criteria are met. In the event that less than two bank-full events occur during the
monitoring period, remaining credit release shall be at the discretion of the IRT.
The current debit ledger for the Privateer Farm site is provided below.
Table 3
Current Dedit Ledger for the Privateer Farm Site
Amount of Debit

y =
A V d d
Z m a a
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n m O U C

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=

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Privateer CAPE
3
Farms FEAR 03030005 MOU Credit Purchase 40.0 .
002
--
2004-1253 00048 223.0 1.01
1993-
2001-0404 57 17.300
MOU Credit Purchase
2004
00136 0.004 0.01
2006-
00358
0.010 0.02
2006-
00360 0.030 0.06
0 Credit Transfer To NCDOT (U-2519/X-2) 25,676.0 23.860
Credit Transfer To NCDOT (U-2519/X-2) 101.760
U Credit Purc ase 0.0
Ln _
C->MqAWY-1 -)
G. Proposed Geog raphic Service Area
The Geographic Service Area (GSA) for the Site is proposed as portions of the Cape Fear
River Basin delineated by the 8 digit hydrologic units 03030005 and 03030004,
excluding the following 14 digit hydrologic units as illustrated by Figure 5:
03030004010010
03030004010020
03030004010030
03030004020010
03030004020020
03030004030010
03030004040010
03030004050010
03030004050030
03030005030020
03030005030030
03030005030040
03030005030050
This proposal is based on the following factors:
The Site is constructed and has completed its fourth year of monitoring.
The Site is meeting success criteria, is a large, high quality mitigation site, and is
showing trends toward a mature forested wetland and stream system.
The Site is in the same Level III Ecoregion and River Basin as the proposed GSA. As
reported by Griffith and Omernik, the ecoregions were developed to denote areas of
similarity in ecosystems, similarity in the type, quality, and quantity of environmental
resources, and are relevant federal and state resource management agencies' goal to
integrated ecosystem management.
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53
Privateer Farms
Property Boundary
Cumberland fS
h Bladen Co.
0~EnoI '%MY•I"
- tl000 A-" P.vnnay
Sv4 MU
? ? Cad Ixun Ymarw 3r?Ia
Plvir y aGf NbB
Fu.. 'I19.1F1VA?
Figure 1. Project Vicinity Map
DEN p 2 4 g
Miles
J
Panther Branch
fJ Reference Site
1
-e N
s' -
r+
_ - B v
W PI
Cumberland Ca
Watershed Boundary = 6 mil .
Bladen Co.
Project Boundary
l \- , _ jl-- i - - - -A__-
? I? r'I ? I j "
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= """ I 0 2,000 4,000 I
Feet Figure 2. Watershed Map
11212
5407
0411
BK 6 4 0 7 PG 41 I
03282
RECEi p
12-31-2 03 AM 9:33:12
cuee?,ta„D

ac or/2s12oo4
g Mart REGIS ERAOFkDEEDS

CLIMB LAND

81762.00 CO., N. C.
neno?,,

,
Cam`
Final Estate
? Ezolaa Tax
Taz RECEIVED

1-23-2004 AM 21 s26 a S'7
p,?y?by„dream m J. LEE WARREN JR.
REGISTER OF DEEDS
RoDmH.Mmmh
aukyADuMUy CUMBERLAND CO., N.C.
rounust
Rdelsh NC 27602
?--"? PERMANENT CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT ("Consecration Easement") made this 2? day
of >1?"k , 2003, by and between SHARON VALENTINE, sole beneficiary of and Executrix
of the Estate of Steve A Quinn, deceased, and E MARVIN JOHNSON, a Widower,
("Grantors*) and THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, an
agency of the State of North Carolina (hereinafter referred to as "NCDOT" or "Grantee")
The designation Grantors and Grantee as used herein shall include said parties, their
successors and assigns, and shalt include surguhar, plural, masculine, femmine or neuter as
required by context.
recd. -2A Vd
RECITALS
WHEREAS, Grantors own in fee simple certain real property situated, lying and being in
131aden and Cumberland Counties, North Carolina, more particularly described in Exhibit A
attached hereto and incorporated herein (the "Property'; and
WHEREAS, Grantee is qualified to be the Orantee of a conservation easement pursuant
to N.C. Gen. Star. §121-35, and
This instrument is re-recorded pursuant to N.C.G.S. 47-36.1, to correct the r
revenue notation above. The undersigned is the attorney who drafted the
original of this instrument. /
/4 0-0411
Robert H. Merr ?tt, .??
6487
0412 BK6407PG412 'XS3++ '$'
WHEREAS, the NCDOT issued a Request for Proposals for qualified providers to
provide up to 325 credits of riverme wetlands and 33,000 lineal feet of stream restoration located
in the Cape Fear River Balm to be used as compensatory mitigation for impacts resulting from
unavoidable impacts to aquatic resources from NCDOT Projects and the NCDOT desires to
utilize the Property for the implementation of mitigation activities and to acquire a permanent
conservation easement over the Properly to obtain the above-referenced Compensatory
Mitigation, and
WHEREAS, the purpose of this Conservation Easement is to provide lands for mibgabon
comprised of the following restored communities: small stream swamp, headwater stream system
and other nverine and non-riverine systems, in order to satisfy permit conditions, and
WHEREAS, the preservation of the Property is a condition of future Department of the
Army permit actions issued by the Wdnungton District Corp of Engineers, required to mitigate
for unavoidable stream and/or wetland impacts authorized by such permits, and certified by a
401 Water Quality Certification issued by the North Carolina Division of Water Quality.
Grantors agree that a thud-party right of enforcement shall be held by the U.S. Army Corps of
Engineers, Wilmington District and the North Carolina Division of Water Quality ("Third
Parties", which Third Parties shall include any successor agencies), and that these rights are in
addition to, and do not limit, the rights of enforcement under said permit and certification.
NOW, THEREFORE, for and in consideration of the covenants and representations
contained herein and for other good and valuable consideration, the receipt and legal sufficiency
of which is hereby acknowledged, Grantors hereby unconditionally and urevocably grant and
convey unto Grantee, its successors and assigns, forever and in perpetuity, a Conservation
Easement, a Non-Exclusive Permanent ingress/Egress Easement and a 100 foot Temporary
64@7
@413
8K6407PG4 13
Construction Easement, all in the nature and character and to the extent hereinafter set forth, over
the Property and as described on Exhibit A, together with the right to preserve and protect the
conservation values thereof, as follows:
ARTICLE i
DURATION OF EASEMENT
This Conservation Easement and the associated Non-ExchISIve Permanent IuWew,/Egress
Easement shall be perpetual. This Conservation Easement is an easement in gross, runs with the
land is enforceable by Grantee against Grantors, Grantors, successors and assigns, lessees,
agents and licensees.
ARTICLE 11.
PROHIBITED AND RESTRICTED ACTIVITIES
Except as otherwise set forth herein, any activity on, or use of, the Property inconsistent
with the purpose and terms of this Conservation Easement is prohibited The Property shall be
returned to and preserved in Its natural condition and, subject b the other easements, rights of
way and rights reserved hertiti, the property shah be restricted from any development that would
impair or inw6cre with the conservation value of the Property.
Subject to the foregoing, the following activities and uses are expressly prohibited,
restricted or reserved as indicated hereurder;
A Dlgturbance of Ntg_urg! l: rna, Any change disturbance, atteration or
impairment of the natural features of the property or any introduction of non-
native plants and/or animal species is prohibited.
B don There shall be no constructing or placing of any building, mobile
home, asphaR or concrete pavement, biUboard or other advertising display,
antenna, ut' ity pole, tower, conduit, line pier landing, dock or any other
6407
0 414 ? S(6407PG414 BWetpbb 0 U a
temporary or permanent structure or facility on or above the Property, other than
as may be necessary to perform restoration or enhancement of the Property to its
natural state.
C. Industrial. Commercial and Residential Use Industrial and/or commercial
activities, including any right of passage used in conjunction with commercial or
industrial activity, are prohibited on the Property Residential use of the Property
is prohibited
D Agricultural. Grazing and Horticultural Use Agricultural, gmzzinng, and
horticultural use of the Property is prohibited.
E. Ve=ta4ou There shall be no removal, burning, destruction, harming, cutting or
mowing of trees, shrubs, or other vegetation on the Property.
F. Si®a¢e. No signs shall be permitted on or over the Property, except the posting
of no trespassing signs, signs identifying the conservation values of the Property,
signs giving directions or proscribing rules and regulations for the use of the
Property and/or signs identifying the Grantors as owner of the Property and
Grantee as the holder of Conservation Easement on the Property.
G D mpine or Stora¢e Dumping or storage of soil, trash, ashes, garbage, waste,
abandoned vehicles, appliances, machinery or hazardous substances, or toxic or
hazardous waste, or any placement of underground or aboveground storage tanks
or other materials on the Property is prohibited.
H. Mineral Use. Excavation. Dred&ing There shall be no grading, filling,
excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock,
peat, minerals or other materials, and no change in the topography of the land in
4
6407
0415
3K6407PG415 8Kb
any manner on the Property, except to restore natural topography or drainage
patterns.
There shall be no dakmg, draining, aging,
channeling, filling. leveling, pumping, impounding or related activities, or altenng
or tampering with water control structures or devises, or disruption or alteration of
the restored, enhanced, or created drainage patterns. In addition, diverting or
causing or pe=Wng the diversion of surface or underground water into, within
or out of the easement area by any means, removal of wetlands, polluting or
discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides
is prohibited.
DeP?O°me" u:p?. No development rights that have been encumbered or
extinguished by this Conservation Easemml shall be transferred pursuant to it
transferable development nghts scheme or cluster development arrangement or
otherwise.
K. Vehicles. T7ie opemoon of mechanized vehicles, including, but not limited to,
motorcycles, dirt-bikes, all-terrain vehicles. cars and trucks is prohibited
ARTICLE III.
GRANTOR'S RESERVED RIGHTS
The Grantors expressly reserve for themselves, their personal representatives, heirs,
successors or assigns, the nghl to continue the use of the property for purposes not inconsistent
with this Conservation Easement, including, but not limited to, the right to quiet enjoyment of
the Property, the rights of ingress and egress, the right to hunt, fish, and hike on the Property, the
right to sell, transfer, gift or otherwise convey the Property, in whole or in part, provided such
6407
0416 BK64GIPG416 U
sale, transfer or gift conveyance is subject to the terms of and specifically references, this
Conservation Easement For purposes of quiet enjoyment and rights to ingress, egress and
regress to the lands adjacent to or surrounding the Property, Grantors further reserve for
themselves, their personal representatives, heirs, successors and assigns, the right to continue to
use the soil paths/roads described in Item 4 of Exhibit A attached hereto and the easements and
exceptions over the Property set forth in Article VI., below, and the same shall not be deemed to
violate the restrictions set forth herein.
ARTICLE IV
GRANTEES RIGHTS
The Grantee or its authorized representatives, successors and assigns, and the Third
Parties as defined above, shall have the right to enter the Property at all reasonable times for the
purpose of returning the Property to its natural condition consistent with the purposes of this
Conservation Easement and inspecting said Property to determine if the Grantors, or their
personal representatives, heirs, successors, or assigns, are complying with the terms, conditions,
restrictions, and purposes of this Conservation Easement The Grantee or its authorized
representatives, successors and assigns, and the Third Parties as defined above, shall also have
the right to enter and Qo upon the Property for purposes of making scientific or educational
observations and studies, and taking samples. The easement rights granted heiem and in Exhibit
A attached hereto, do not include public access rights.
ARTICLE V.
ENFORCEMENT AND REMEDIES
A Upon any breach of the terms of this Conservation Easement by the Grantors, their
agents, successors, or assigns, which comes to the attention of the Grantee, the Grantee or the
Third Patties may institute a suit to enjoin such violation and if necessary to require the
6407 bKb4U 1ru'+a i
0417
'4 ?01
restoration of the Property to its prior condition at the Grantor's expense
B No failure on the part of the Grantee to enforce any covenant or provision hereof shall
discharge or invalidate such covenant or ally other covenant, condition, or provision hereof or
affect the right to Gnmtee to enforce the same in the event of a subsequent breach or default
C Nothing contained in this Conservation Easement shall be construed to entitle Grantee
to bring any action against Grantors for any injury or change in the Property resulting from
causes beyond the Grantors' control, including, without limitation, fine, flood, storm, war act of
God or third pares, except Grantors' lessens or invitees; or from any prudent action taken in
good faith by Grantors under emergency conditions to prevent, abate, or mitigate significant
injury to life, damage to property or harm to the Property resulting frorn such causes
ARTICLE VI
MISCELLANEOUS
A. Title. Grantors warrant, covenant and represent that Grantors are the sole owners
and are seized of the Property in fee simple and have good right to make, declare and impose the
aforesaid Conservaton Easement, the Property is free and clear, of any and all encumbrances,
except the easements, leases, restrictions and rights of way of record described below, and
Grantor will warrant and defend bile to the same against the clam of all persons. The
easements, leases, restrictions and rights-of-way of record are as follows.
1 General Service and Utility easement to South River Electric Membership
Corporation recorded in Book 255, Page 890, Blades County Registry and
Book 2870, Page 137, Cumberland County Registry
2. General Service and Utility easement to South River Electric Membership
Corporation recorded in Book 395, Page 173, Bladen County Registry,
3. General Service and Utility easerimt to Star Telephone Membership
Corporation recorded in Book 243, Page 748, Bladen County Registry.
7
e
6407
B418 BH6407PG418
B1(6 12
4. Non-Exclusive Right-of-Way easement to Murphy Farms recorded at Book
300, Page 264, Bladen County Registry
S. Non-exclusive easements granted to Grantee as set forth on Exhibit A,
attached hereto and incorporated herein by reference.
6 Non-exclusive access easements reserved by Grantors as set forth on Exhibit
A. attached hereto and incorporated herein by reference
7. Overhead power lines crossing easement area as shown on recorded plat.
B $u6sequerrt Transfers. The Grantors agree to incorporate the terms of this
Conservation Easement in any deed or other legal instrument that transfers any interest in all or a
portion of the Property. 'Me Grantors agree to provide wntten notice of such transfer to Grantee
at least thmty (30) days prior to the date of the transfer. The Grantors and Grantee agree that the
terms of this Conservative Easement shall sumve any merger of the fee and easement interests
in the Property or any portion thereof and shall not be amended, modified or terminated without
the prior written consent and approval of the 71urd Parties
C Assi¢nment. 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, or any of the rights
hereunder, the organization receiving the interest will be a qualified holder under N.C. Gen Stat
§ 121-34 et seq , 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.
D. Entire AMment and Severabrlty. 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
6487
8419
BK6401PG419 ?-Pa-M-61 3
provision is found to be void or unenforceable by a court or competent jurisdiction, the
remainder shall eontinue in full forco and effect.
TO HAVE AND TO HOLD the said nghts and easernarrts perpetually unto Grantee for
the aforesaid purposes,
IN TESTIMONY WHEREOF, the Grantor has bercunto set his band and seal, the day
and year first above written
(f?hffon ne, so a roir of and (SEAL)
Exoeutnx of the Estate of Steve A
Quinn. deceased
SEAL)
& Marvin Jo n, a widower
STATE OF NORTH CAROLINA
COUNTY OF
aforesrod, arti that Sharon Val the undersr? Notary Public of the County and State
eatme, cote heir of and Executrix of the Estate of Steve A.
Qe . P IY aPpeered before me this day and acknowledged the
foregoing insttyaoent for the purposes therein cxpreaced. Witness my head
stamp or sea] thi day of? 2003 i n 1%a toi ex'
my Com nlemort Expirse ? -?_ ,? •''
MY CornmLWOR Expaes• June 13 "nn' ?Ik YI7
6407
0428
6K6401PG420
STATE OF NORTH CAROL NA
COUNTY OF
BKP 0I4
I. Ct"IQ. W M"' undersigned Notary Public of the County and State
aforesaid, certify that E. Marvin Johnson, a vndower, personally appeared before me this day and
acknowledged the due execution of the foregoing inig ment for ses therein. expressed
Witness my hand and Notarial stamp or seal this ? day of 2003.
Notary Public
Expa . 10 a- ate
The Jotegooag C- ate(a)
CwAed to 6e coma This uuuwnent and this rsrtdiate tee "y.epaeeed a the date and time and in the Book and shown on dke tint page
DEEDS A CGMaFALAND COUA17'S;
Depary! butt - Regtetet of Deeds
10
6407
@421
9K6401PG421 G615
Exhibit A
Legal Description
Permanent Conservation and Related Easements
Quinn/Valentine/Johnson Property
Cumberland and Bladen County, North Carolina
1. Permanent Conservation l?ssrment
A Permanent c04mv4U0n easement over a portion of land in White Oak Township, Bladen
County, North Carolina, and Cedar Creek Township, Cumberland County, North Carolina, as
shown on map entitled "Final Plat of Conservation Easement For North Carolina Department of
Transportation on the Property of Sharon Valentine and E Marvin Johnson" dated October 14,
2003, Prepared by Buck Engineering, P.C., and recorded in Plat Book B28, Pages 271-278,
Bladen County Registry, and Plat Book 110, Pages 139-142, Cumberland County Registry and
being more particularly described as follows-
Commencing at an ion bar and cap with NC Grid coordinates (NAD83) of X2 078,120 30,
Y=3881809 09 and identified as Control Pomt #43 on the above-referenced F -' , Plat and
mmning SW4724" W, I788,02' to an iron bar, which ion bar is the POINT AND PLACE OF
BEGINNING; thence continuing the following courses and distances,
N88"1 449"W, 983.02; thence N0002010611W, 687 54; thence N26°00' 12"W, 366.83; thence
N43040'04"W, 244.56; thence N20°49' 15"W, 3D541'; thence N44°3371"W, 366.76'; thence
N15040155"W, 2826.42'; thence N04"48'42"E, 580.32 ; thence N34"31'59" W, 1462.19'; thence
N14°03'46"W, 5534.22', tbence N32°42'51"E, 1413.44'; thenceNO3°2T 13"E, 2724 79;'tlieitce
N20°33'36"W, 1251.75'; thence N04°2O'OS"W, 719.5T, thence N08040'440E, 228.86', thence
N21°29'23"W, 245.46', thence N05-02V9-W, 271.05'; thence N36055140"E, 175 91'; thence
N23°1 1'30"W, 193 69'; thence N03058'00'E, 269.75', thence N36031'37"W, 171.00', thence
N02°22'55"W, 208.23; thence N23°41'31 "W, 157 92'; thence N31 °50'04"W, 196.29; thence
N4803T 17"W, 253 86; thence N41019'32"W,189.06; thence NI4°23'53"E, 315 51', thence
N27°15'39"W, 213.89; thence N81'15' 15"W, 230.5 1'; thence N33°15' 16"W, 244.30; thence
N56042'50"W, 188 65', thence N44°21'50"W, 168 56', thence N1004642"W, 183 46', thence
S70°22'3 I " W, 16134', thence N70°20'46"W, 319.16 ; thence N529 9'02"W, 248 39'; thence
N7rl6'05"W, 380.10; thence N46"3376"W, 296.55', thence N03°59'51 "W,170.58', thence
N22°49'34"E, 212.00; thence N57°57'41 "W, 133 18'; thence N09"37'26"E, 509 72', thence
N22°54'48"E, 189.09' to a point in the proximity of the southern edge of a 100' easement to
Caroluta Power & Light Co , thence S84122112"E, 154 93, thence turning south away from said
Carolina Power & Light easement SI8°03'42"W, 195 23; thence SOr19'49"W, 169.32'; thence
S 11°50'37"W, 235.65'; thence S51 °26'30"E,161.43 ; thence S21 °25'06"W, 349.651; thence
S43017'32"E, 185 23'; thence S70°23'40"E, 113 71'; thence S78°14' 15"E, 273.72'; thence
S53°39'32"E, 259.78 ; thence S70°13'26"E, 237.23'• thence N59°03%"E, 205 291- thence
S44°15'20"E,175 42', thence Sl 1 °36'56"E, 214 80'; thence S57°33'07"E, 274.64 ; thence
537°4659 E, 266.04'; thence S834T43"E, 242.00; thence S18°5544"E, 418 97, thence
S24°46'42"W, 220.57; thence S48942'14"E, 341.28; thence 537°25'04"E, 23172', thence
6487
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S15°53'15"E, 265.]0; thence S02020154"E, 158 23% thence 540°07115"E, 209.31; thence
S01018'07"W, 237.45; thence S15057'5311, 160.54; thence S00047'05"W, 177 94% thence
S51W 10"W, 141.81; thence SOl°09'46"E, 103.83; thence S18031140"E, 350.68', thence
S09 W44"W,199.27, thence N74005'50"E, 503 37; thence S23038'44"E, 1282.OT; thence
S16°00'10"E, 782 06; thence SOI*05'38"W, 3113 92' crossing the Cumberland CountyBladen
County line; thence S46°2757"W, 1075.69; thence S15126' 18"E, 5714.57; thence
S20°06'43"E, 2417 61; thence S 17°06'44"E, 4253 58' to the POINT AND PLACE OF
BEGINNING, said permanent conservation easement containing 430 00 acres, more or less
2 Non-Exclusive Permanent Iag esEgress Easement
In addition to the permanent conservation easement described above, the real property conveyed
herein shall include a Non-Exclusive Permanent Ingress/Egress Easement to provide ingress,
egress and regress for purposes of accessing the permanent conservation easement set forth in
item 1, above, said Non-Exclusive Permanent Ingress/Egress Easement being more particularly
described as follows
Commencing at an iron bar and cap with NC Grid coordinates (NAD83) of X=2,078,120.30,
Y=388,809.09 and identified as Control Point #43 on a map entitled- "Final Plat of Conservation
Easement For North Carolina Department of Transportation on the Property of Sharon Valentine
and E. Marvin Johnson" dated October 14, 2003, prepared by Buck Engineering, P C. and
recorded at Piet Book B28, Pages 271-278 Bladen County Registry and Plat Book 110, Pages
139-142, Cumberland County Registry, and running S9913 1'21"W 1580.871 to the POINT AND
PLACE OF BEGINNING; thence N i 7°06'44"W, 60 34% thence N79°00'45"E, 1656 93% thence
N88°58'32"E, 83.67% thence N67°00'21 "E, 512.12' to a point on the westerly right-of-way of NC
Hwy 53 (100' Public R/W); thence conunuing along said right-of-way S03°05' 13"W, 66 801,
thence leaving said right-of-way and continuing S67°00'21"W, 479 66', thence S88°58'32"W,
72 36, thence S79°00'45"W, 1677 04' to the POINT AND PLACE OF BEGINNING, said Non-
Exclusive Permanent Ingress/Egress Easement containing 3 08 acres, more or less, which Non-
Exclusive Permanent Ingress/Egress Easement shall run with the permanent conservation
easement conveyed herein
3. Non-Exclusiv Temnorarv Coustruction Easement
A 100' temporary construction easement around the outside boundary of the permanent
conservation easement, as shown on "Final Plat of Conservation Easement For North Carolina
Department of Transportation on the Property of Sharon Valentine and E. Marvin Johnson," said
Plat being recorded at Plat Book 110, Pages 139-142, Cumberland County Registry, and Plat
Book B28, Pages 271-278, Bladen County Registry, for purposes of restoring the Property to its
natural condition pursuant to the permanent conservation easement.
4. Grantor's Reservation of Access Easements
For the purpose of ingress, egress and regress and permanent access to Grantors' property or
properties located adjacent to said permanent conservation easement and for the purpose of
6467
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g?(640?PG423 8K6
transversurg the permanent conservation easement itself, Grantor hereby reserves the following
non-exclusive access easements
Beginning at a point in the southern portion of the permanent conservation
easement, said point being located S 890 3V2 V W 1580.87 from an iron bar and
cap having NC Grid coordinates (NAD83) of X- 2,078,120.30, Y=388,809.09
and identified as Control Point #43 on plat recorded at Plat Book B28, Pages 271-
278, Bladen County Registry and Plat Book 110, Pages 139-142, Cumberland
County Registry, thence S 80° 06' 00" W 882 86, thence N 43" 40' 04" W 48.99
thence N 20° 49' 15" W 19 63'; thence N 80° 06'00" E 906 22', thence S 170 06'
44" E 60.48' to the Point and Place of Beginning, which access easement is
depicted on Sheet 4 of the aforementioned plat.
A non-exclusive easement for ingress, egress and regress over the soil pathhuad
depicted on Sheet 3 of the plat recorded at Plat Book B28, Pages 271-278, Bladen
County Registry and Plat Book 110, Pages 139-142, Cumberland County
Registry, which soil path/road is shown transversing the permanent conservation
easement and intersecting a call on the western boundary of said permanew
conservation easement reading N 320 42'5 1 " East 1413.44' and intersecting the
upper cad of a call on the eastern boundary of said permanent conservation
easement reading S 15° 26 WE 5714.57' Thus non-exclusive easement is
subject to Grantee's determination to keep and preserve said soil path/road and is
father subject to uses consistent with this Conservation Easement and the
potential for hydraulic trespass as described in that certain Option to Purchase
Conservation Easement dated May 5, 2003, by and between Steve A. Quin and
wife, Sharon Valentine and E. Marvin Johnson (a widower) as "Seller" and Buck
Engineering, P.C., a North Carolina professional corporation as "Buyer."
A non-exclusive easement for ingress, egress and regress over that soil path/road
depicted on the plat recorded at Plat Book B28, Pages 271-278, Bladen County
Registry and Plat Book 110, Pages 139-142, Cumberland County Registry and
running generally in a north/south direction within the boundaries of the
permanent conservation easement but exiting said permanent conservation
easement through the eastern boundary of said permanent conservation easement
as shown on Sheet 2 of said recorded plat. This non-exclusive easement is subject
to Grantee's determination to keep and preserve said soil path/road and is fiuther
subject to uses consistent with this Conservation Easement and the potential for
hydraulic trespass as described in that certain Option to Purchase Conservation
Easement dated May 5, 2003, by and between Steve A. Quinn and wife, Sharon
Valentine and E. Marvin Johnson (a widower) as "Seller" and Buck Engineering,
P C , a North Carolina professional corporation as "Buyer "
1mic
6487
0424 ZW6401PS424
EXPLANATION STATEMENT TO CORRECT OBVIOUS MINOR ERROR (S) MADE IN
AN INSTRUMENT AS ORIGINALLY RECORDED. ! y
RE: BOOK
PAGE ?P G,r
RECORDED IN THE C"n" b,COUNTY REGISTRY
NAMES OF ALL PARTIES TO THE ORIGINAL INSTRUMENT
GRANTORS: --40 Il??'it?h? k.q? ??• ''/?'? i ?! ? d IW1S0
TRUSTEE/GRANTEES: yG 0
STATE OF NORTH CAROLINA
COUNTY OF
I/wE, The Undersigned, hereby certify that the following corrections are made in the
above named recorded instrument in accordance with the provisions of G.S. 47-36.1 ratified June
30, 1986. L
DESCRIPTION OF CORRECTION (S)' THIS, THE .,'3 >zn DAY OF v 2W
(SEAL)
(SEAL)
(SEAL)
(SEAL)
(SEAL)
This explanation statement together with the attached i ent duly rerecorded at
o'clock,?M this the day of?• , 20 0(p in
the book and page shown on the first page hereof.
J. LEE WARREN, JR? BY 9?D C?SC)V-C,?
REGISTER OF DEEDS DEPUTWASGUMPOR ' REGISTER OF DEEDS
6959 g?6959PG591
9597
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SCEXVED
t
035582 7- 7-20 I'M 4:10,19
J
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F
STE
DEEDS
CUMBER D C , N.C.
RECEIVED
a- 1-2005 AM 10s45: 4
J. LEE WARREN JR.
P,epe,edbyord.ow REGISTER OF DEEDS
Robert H Merta.lr CUMBERLAND CO., N. C.
a.kyAD,Ko4 LIP
P O Box 1951
Rxklg , NC 27602
DEED OF CORRECTION FOR
PERMANENT CONSERVATION EASEMENT
THIS DEED OF CORRECTION FOR PERMANENT CONSERVATION EASEMENT
("Conservation Easement") made thlsj?o day of 2005, by and between SHARON
VALENTINE, individually and as sole beneficiary of and Executrix of the Estate of Steve A
Quinn, deceased, and E. MARVIN JOHNSON, a Widower, ("Grantors") and THE NORTH
CAROLINA DEPARTMENT OF TRANSPORTATION, an agency of the State of North
Carolina (hereinafter referred to as "NCDOT" or "Grantee").
The designation Grantors and Grantee as used herein shall include said parties, their
successors and assigns, and shall include singular, plural, masculine, feminine or neuter as
required by context.
RECITALS
WHEREAS, Grantors own in fee simple certain real property situated, lying gad being in
Bladen and Cumberland Counties, North Carolina, more particularly described in Exhibit A
attached hereto and incorporated herein (the "Property"), and
1
This document being re-recorded to include ?h? notary's official Seal
previously usly omitted on page 9.
Robert H. Merritt Jr.
?o
N
6959
0598 BK6959PG598 WMS"I 9
WHEREAS, Grantee is qualified to be the Grantee of a conservation easement Pursuant
toN.C. Gen. Stat. §121-35, and
WHEREAS, Grantor previously granted and conveyed to Grantor a Permanent
Conservation Easement and related access easements over and with respect to certain of
Grantor's lands, such Permanent Conversation Easement being recorded at Book 6387, Page
605, Cumberland County, North Carolina Registry, re-recorded on January 23, 2004 at Book
6407, Page 411, Cumberland County, North Carolina Registry and further recorded at Book 536,
Page 552, Bladen County, North Carolina Registry, and re?recordcd on January 23, 2004 at Book
538, Page 001, Bladen County, North Carolina Registry, and
WHEREAS, a minor adjustment in the description of the Conservation Easement is
required in order to properly locate a small portion of the stream bed in the northernmost part of
the property fully and accurately within the boundaries of the Conservation Easement, and the
purpose of tlus Deed of Correction is to make that adjustment in the description of the
Conservation Easement,
NOW, THEREFORE, for good and valuable consideratton the receipt and legal
sufficiency of which is hereby acknowledged, Grantors hereby unc=hhonally and irrevocably
grant and convey unto Grantee, its successors and assigns, forever and in perpetmty, a
Conservation Easement, a Non-Exclusive Permanent Ingress/Egress Easement and a 100 foot
Temporary Construction Easement, all in the nature and character and to the extent hereinafter
set forth, over the Property and as described on Exhibit A, together with the right to preserve and
protect the conservation values thereof, as follows,
6959
8599 Bi6959PG599 .e *fl4
ARTICLE I E
DURATION OF EASEMENT
This Conservation Easement and the associated Non-Exclusive Permanent Ingress/Egress
Easement shall be perpetual This Conservation Easement is an easement in gross, runs with the
I
land is enforceable by Grantee against Grantors, Grantors' successors and assigns, lessees,
agents and licensees
ARTICLE 11
PROHIBITED AND RESTRICTED ACTIVITIES
Except as otherwise set forth herein, any activity on, or use of, the Property inconsistent
with the purpose and terms of this Conservation Easement is prohibited The Property shall be
returned to and preserved in its natural condition and, subject to the other easements, rights of
way and rights reserved herein, the Property shall be restricted from any development that would
impair or interfere with the conservation value of the Property
Subject to the foregoing, the following activities and uses are expressly prohibitod,
restricted or reserved as uidieated hereunder.
A Disturbance of Natural Features Any change disturbance, alteration or
impairment of the natural features of the Property or any introduction of non-
native plants and/or animal species is prohibited
B Construction. There shall be no constructing or placing of any building, mobile
home, asphalt or concrete pavement, billboard or other advertising display,
antenna, utility pole, tower, conduit, line pier landing, dock or any other
temporary or permanent structure or facility on or above the Property, other than
as may be necessary to perform restoration or enhancement of the Property to its
natural state.
3
6959 1
0600 BK6959PG600 '351?'?
C Ind teal Commercial and esidentisl_ Use industrial and/or commercial
activities, Including any right of passage used in conjunction with commercial or
industrial activity, are prohibited on the Property. Residential use of the Property
is prohibited.
D Agricultural Grazu?ta and orticultural Use. Agricultural, grazing, and
horticultural use of the Property is prohibited.
E Ve eta . There shall be no removal, burning, destruction, harming, cutting or
mowing of trees, shrubs, or other vegetation on the Property.
F i e No signs shall be permitted on or over the Property, except the posting
of no trespassing signs, signs identifying the conservation values of the Property,
sighs giving directions or proscribing rules and regulations for the use of the
Property and/or signs identifying the Grantors as owner of the Property and
Grantee as the holder of Conservation Easement on the Property.
G Dumpi g or Storagg. Dumping or storage of soil, trash, ashes, garbage, waste,
abandoned vehicles, appliances, machinery or hazardous substances, or toxic or
hazardous waste, or any placement of underground or aboveground storage tanks
or other materials on the Property is prohibited.
...... ed", There shall be no grading, filling,
}; At;neval Use Excavation Dn
excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock,
peat, minerals or other materials, and no change in the topography of the land in
any manner on the Property, except to restore natural topography or drainage
patterns
Water Qua,, n Drainaee Patters. There shall be no diking, draining, dredging,
4
6959
6601
8116959PG601 m0t"7m
channeling, filling, leveling, pumping, impounding or related activmes, or altering
or tampering with water control structures or devises, or disruption or alteration of
the restored, enhanced, or created drainage patterns. In addition, diverting or
causing or permitting the diversion of surface or underground water into, within
or out of the easement area by any means, removal of wetlands, polluting or
discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides
is prohibited.
I Development Riahts No development rights that have been encumbered or
extinguished by this Conservation Easement shall be transferred pursuant to a
transferable development rights scheme or cluster development arrangement or
otherwise
K Vehi . The operation of mechanized velucles, including, but not limited to,
motorcycles, dirt-bikes, all-terrain vehicles, cars and trucks is prohibited
ARTICLE III
GRANTOR'S RESERVED RIGHTS
The Grantors expressly reserve for themselves, their personal representatives, heirs,
successors or assigns, the right to continue the use of the Property for purposes not inconsistent
with this Conservation Easement, including, but not limited to, the right to quiet enjoyment of
the Property, the rights of ingress and egress, the right to hunt, fish, and hike on the Property, the
right to sell, transfer, gift or otherwise convey the Property, in whole or in part, provided such
We, transfer or gift conveyance is subject to the terms of and specifically references, this
Conservation Easement For purposes of quiet enjoyment and rights to ingress, egress and
regress to the lands adjacent to or surrounding the Property, Grantors further reserve for
5
6959
0692 BK6959PG602 W tW 3
themselves, their personal representatives, heirs, successors and assigns, the right to continue to
use the sod pathslroads described in Item 4 of Exhibit A attached hereto and the easements and
exceptions over the property set forth in Article VI., below, and the same shall not be deemed to
violate the restrictions set forth herein.
ARTICLE IV
GRANTEE'S RIGHTS
The Grantee or its authorized representatives, successors and assigns, and the Third
Parties as defined above, shall have the right to enter the Property at all reasonable times for the
purpose of returning the Property to its natural condition consistent with the purposes of this
Conservation Easement and inspecting said Property to determine if the Grantors, or their
personal representatives, heirs, successors, or assigns, are complying with the terms, conditions,
restrictions, and purposes of this Conservation Easement. The Grantee or its authorized
representatives, successors and assigns. and the Third Parties as defined above, shall also have
the right to enter and go upon the Property for purposes of making scientific or educational
observations and studies, and taking samples The easement rights granted herein and in Exhibit
A attached hereto, do not include public access rights.
ARTICLE V
ENFORCEMENT AND REMEDIES
A Upon any breach of the terms of this Conservation Easement by the Grantors, their
agents, successors, or assigns, which comes to the attention of the Grantee, the Grantee or the
Third Parties may institute a suit to enjoin such violation and if necessary to require the
restoration of the Property to its prior condition at the Grantor's expense-
B No failure on the part of the Grantee to enforce any covenant or provision hereof shall
discharge or invalidate such covenant or any other covenant, condition, or provision hereof or
6959
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BK6959PG603 wr&".5-pG 4
affect the right to Grantee to enforce the same in the event of a subsequent breach or default
C. Nothing contained in this Conservation Easement shall be construed to entitle Grantee
to bring any action against Grantors for any injury or change in the Property resulting from
causes beyond the Grantors' control, including, without limitation, fire, flood, storm, war act of
God or third parties, except Grantors' lessees or invitees, or from any prudent action taken in
good faith by Grantors under emergency conditions to prevent, abate, or mitigate significant
injury to life, damage to property or harm to the Property resulting from such causes
ARTICLE VI
MISCELLANEOUS
A. Title Because this document is a Deed of Correction correcting the description of the
conveyance previously made, warranted and completed by the aforementioned deeds which were
recorded and re-recorded in Bladen County, North Carolina and Cumberland County, North
Carolina, and sufficient warranties of title being previously so given, Grantors hereby make no
further warranty of title, expressed or implied, as to the title to the Property conveyed as the
Conservation Easement.
B. Subs Len Transfers -Me Grantors agree to incorporate the terms of this
Conservation Easement in any deed or other legal instrument that, transfers any interest in all or a
portion of the Property. The Grantors agree to provide written notice of such transfer to Grantee
at least thirty (30) days prior to the date of the transfer The Grantors and Grantee agree that the
terms of this Conservative Easement shall survive any merger of the fee and easement interests
in the Property or any portion thereof and shall not be amended, modified or terminated without
the prior written consent and approval of the Third Parties
7
6959
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BK6959PG606
C Assitmmt. 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, or any of the rights
hereunder, the organization receiving the interest will be a qualified holder under N.C. Gen. Stat
§ 121-34 et seq., and the Grantee fti her 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.
D Entire Agreement and Severabiiity This instrument sets forth the entire agreement of
the parties with respect to the Conservation Easement and supersedes all prior discussions,
negotiations, understandings or agreements relating to the Conservation Easement If any
provision is found to be void or unenforceable by a court of competent Jurisdiehon, the
remainder shall continue in full force and effect
TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for
the aforesaid purposes.
IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day
and year first above written
(SEAL)
Q on Valen ne, wdividtially and
as sole beneficiary of and
Executrix of the Estate of Steve A
Quinn, deceased
EAL)
E Marvin John Z?Ira widower
6959
9605
BK 6 9 5 9 PG 605 9644-5 Or 7 l 6
STATE OF NORTH CAROLINA
COUNTY OF -7 W-,!
the undersigned Notary Public of the County and State
aforesaid, certify that Sharon Valentine, individually and as sole beneficiary of and Executrix of
the Estate of Steve A Quinn, deceased, personally appeared before me this day and
acknowledged the due execution of the foregoing instrument for the purposes then eur expressed
Witness my hand and Notarial stamp or seal this !%4/, day of 2tm
?L
Notary Public
My Commission Exptmst
aroma
cft* Maof ct, sd WOW STATE OF NORTH CAROLINA
COUNTY OF 11 g'i'?I, l' the undersigned Notary Public of the County and State
afore said, certify that E. Marvin Johnson, a widower, personally appeared before me this day and
14 acknowledged the due execution of the foregoing instrument for the purposes therein expressed
Witness my hand and Notarial stamp or seal this 74A day of . m y 2005
Notary Public
My Commission Expires ?' _ , . ?r OFfICWL SEAL'
?? a'ar?oarr
Mwd? 1. t?tn
..... _M' canr,?Ytent tarn rrd?oto
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rbe twrdoiq CM &N
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nlew cat fud rob. Comm 7 us benoL 1 r!! WARREN ?oroeot add dui ovu6prc ? dolt' m n rbr dace aad time ud io the 9ooh end Pie +Aowa of dr Pint Tye JIL REG15TER OF DEEDS Fo
-4 A DePWIA atmat - Repsm at 0086 fiRLAtID OOUNrtW.
6959
0606 8K6959PG606 V2)'1 7
Exhibit A
Corrected Legal Description
Permanent Conservation and Related Easements
Quinn/ValentineJJobnson Property
Cumberland and Bladen County, North Carolina
1. Permanent Conservation Easement
A permanent conservation easement over a portion of land in White Oak Township, Bladen
County, North Carolina, and Cedar Creek Township, Cumberland County, North Carolina, as
shown on map entitled "Final Plat of Conservation Easement For North Carolina Department of
Transportation on the Property of Sharon Valentine and E. Marvin Johnson" dated October 14,
2003, prepared by Buck Engineering, P.C., and recorded in Plat Book B28, Pages 271-278,
`
Bladen County Registry, and Plat Book 110, Pages 139-142, Cumberland County Reg1550 isttry,4 85
which map was revised and corrected as of June 23, 2005, and recorded in Plat Book ,
Page° k, Bladcn County Registry and Plat Book it 4-, Pages W4% 10tumberland County
Registry and being more particularly described as follows:
Commencing at an iron bar and cap with NC Grid coordinates (NAD83) of X-2,078,120.30,
Y=388,809 09 and identified as Control Point #43 on the above-referenced Final Plat and
running $40°4774" W, 1788 02' to an iron bar, which iron bar is the POINT AND PLACE OF
BEGINNING; thence continuing the following courses and distances.
N88°14'49"W, 983.02', thence N00°20'06"W, 687.54', thence N26°00' 12"W, 366 83% thence
N43°40'04"W, 244.56; thence N20°49' 15"W, 305.41', thence N44°332 1"W, 366 76, thence
NI 5040'55-W, 2826 42', thence N04048'42"E, 580 32', thence N34°3 1'59"W, 1462.19', thence
N 14°03'46"W, 5534.22% thence N32142'51 "E, 1413.44', thence N03°2T 13"E, 2724 79', thence
N20°33'36"W, 125175% thence N04°20'08"W, 719.57'; thence NW40'441E, 228.86, thence
N21-29'23"W, 245 46, thence N05°02'09"W, 27105'. thence N36°55'40"E, 175.91'; thence
N2391 1'30"W, 193.69'; thence N03°58'00"E, 269 75', thence N36°31'37"W, 17100', thence
N02°22'55"W, 208 231; thence N23°41'31 "W, 157 92', thence N31 °50'04"W, 196 29', thence
N48°37' 17"W, 253.86', thence N41018'32"W, 189.06', thence N 14°23'53"E, 315.51'; thence
N27015'39"W, 213 891, thence N8I*15' 15"W, 230 51'; thence N33' 15' 16"W, 244 39, thence
N38°54'53"W, 286 23', thence N68°03'26W,1012 07, thence N52°37'38"W, 350 82% thence
N27029'04"W, 266.62% thence N12°09'07"W, 256 67', thence N34°13'51 "E, 314.00', thence
N14005'15"W, 335.76', N22°54'48"E, 126.82' to a point in the proximity of the southern edge of
a 100' easement to Carolina Power & Light Co, thence S84°22'12"E, 154 93', thence turning
south away from said Carohm Power & Light easement SI8°03'42"W, 166.58', thence
S40°5737"E, 109.19', thence S04°4349"E, 148.25'; thence S21 °1446"W, 379.77; thence
S03°02'47"E, 188 14% thence S45°2824"E, 362 73', thence S68°03'26"E, 1078 57', thence
S38°54'53"E, 338 41', thence S37°46'59"E, 266.04', thence S83°47'43"E, 242.09, thence
S1 8°55'44"E, 418.97', thence S24°4642"W, 220.57; thence S48°4T 14"E, 341 28 ; thence
S37°25'04"E, 231.72', thence S15°53'15"E, 265.10', thence S02°20'54"E, 158.23', thence
S40°07'1 S"E, 209 31 ; thence Sol°18'07"W, 237.45'; thence S 15°57'53"E, 16054', thence
6959
9607 UK 6 9 5 9 PG 6 07 *6ig;3`jn- t 8
S00°4TO5"W, 177.94', thence S51°06' 10"W, 141.81 ; thence SOI°09'46"E, 103.83; thence
S18°31'40"E, 350 88', thence S09°58'44"W, 199.27; thence N74005'50"E, 503.37'; thence
S23°3844"E, 1282 07; thence S16°00'10"E, 782 06; thence SOl °05'38"W, 3113 92' crossing the
Cumberland County/Bladen County line, thence S46"27'57"W, 1075 69% thence S15126' 18"E,
5714 57; thence S20°06'43"E, 2417.61; thence S17°06'44"E, 4253 58' to the POINT AND
PLACE OF BEGINNING, said permanent conservation easement containing 430.00 acres, more
or less.
2 N - cl 'v rmanen ss - t
In addition to the permanent conservation easement described above, the real property conveyed
herein shall include a Non-Exclusive Permanent Ingress/Egress Easement to provide ingress,
egress and regress for purposes of accessing the permanent conservation easement sot forth in
item 1, above, said Non-Exclusive Permanent Ingress/Egricss Easement being more particularly
described as follows,
Commencing at an iron bar and cap with NC Grid coordinates (NAD83) of X=2,078,120 30,
Y-388,809.09 and identified as Control Point #43 on a map entitled, "Final Plat of Conservation
Easement For North Carolina Department of Transportation on the Property of Sharon Valentine
and E. Marvin Johnson" dated October 14, 2003, prepared by Buck Engineering, P.C. and
recorded at Plat Book B28, Pages 271-278 Bladen County Registry and Plat Book 110, Pages
139-142, Cumberland County Re?istry which map was revised and corrected as of June 23,
2005, and recorded in Plat Book PaBladen County Registry and Plat gook
kids-, Pages A4 _- i4VR Cumberland County Registry and, running S89"31'21 "W 1580 8T to the
POINT AND PLA OF BEGINNING; thence N17°06'44"W, 60 34'; thence N79°00'451E,
1656 BY, thence N88°58'32"E, 83 67', thence N67"00'21 "E, 512.12' to a point on the westerly
nght-of-way of NC Hwy 53 (10(Y Public R/Vd); thence continuing along said right-of-way
S03005' 13 "W, 66.80', thence leaving said right-of-way and continuing S67°00'21 "W, 479 66',
thence S88°5832"W, 72 36, thence 97900045"W, 1677.04' to the POINT AND PLACE OF
BEGINNING, said Non-Exclusive Permanent Ingress/Egress Easement containing 3 08 acres,
more or less, which Non-Exclusive Permanent Ingress/Egress Easement shall nut with the
permanent conservation easement conveyed herein.
3 Non-Exclusive Tempo 0XM&XdML9Ment
A 100' temporary construction easement around the outside boundary of the permanent
conservation easement, as shown on "Final Plat of Conservation Easement For North Carolina
Department of Transportation on the Property of Sharon Valentine and E Marvin Johnson," said
Plat being recorded at Plat Book 110, Pages 139-142, Cumberland County Registry, and Plat
Book B28, Pages 271-278, Bladen Coun Registry which map was revised and corrected as of
June 23, 2005, and recorded in Plat Boo it?
'Page, Blades County Registry and Plat
%Cum
Book k I Ar7 , Pagesg4-L berland County Registry and, for purposes of restonng the
Property to its natural condition pursuant to the Permanent conservation easement.
6959
0608 8K6959PG608
? +9
Grantor's Re*MIiton of Access Es--semgnts
For the purpose of ingress, egress and regress and permanent access to Grantors' property or
properties located adjacent to said permanent conservation easement and for the purpose of
transversing the permanent conservation easement itself, Grantor hereby reserves the following
non-exclusive access easements:
Beginning at a point in the southern portion of the permanent conservation
easement, said point being located S 89° 311211 W 1580 87' from an iron bar and
cap having NC Grid coordinates (NAD83) of Xa 2,078,120 30, Y=388,809.09
and identified as Control Point #43 on plat recorded at Plat Book B28, Pages 271-
278, Bladen County Registry and Plat Book 110, Pages 139-142, Cumberland
County Registry which was revised and corrected as of June 23, 2005, and
recorded in Plat Books s ;Pages._. Bladen County Registry and Plat
Book 114 , Pages Cumberland County Registry and; thence S 80° 06'
00" W 882 86, thence N 410 40' 04" W 48 99', thence N 20" 49' 15" W 19 63%
thence N 80° 0600" E 906 22', thence S 17° 06'44" E 60.48' to the Point and
Place of Beginning, which access easement is depicted on Sheet 4 of the
aforementioned plat.
A non-exclusive easement for ingress, egress and regress over the soil path/road
depicted on Sheet 3 of the plat recorded at Plat Book B28, Pages 271-278, Bladen
County Registry and Plat Book 110, Pages 139-142, Cumberland County Registry
which map was rcnsed and con ected as of June 23, 2005, and recorded in Plat
g00 pltt3? Pages`, Blades County Registry and Plat Book LIQr , Pages
? Cumberland County Registry and, which soil pstb/road is shown
trans vtrsing the permanent conservatior easement and intersecting a call on the
western boundary of said permanent conscrvauon easement reading N 32° 42'51"
East 1413,44' and intersecting the upper and of a call on the eastern boundary of
said permanent conservation easement reading S 15°26 18" E 5714 57' This
non-exclusive easement is subject to Grantee's determination to keep and
preserve said soil pathlroad and is further subject to uses consistent with this
Conservation Easement and the potential for hydraulic trespass as described in
that certain Option to Purchase Conservation Easement dated May 5, 2003, by
and between Steve A. Quinn and wife, Sharon Valentine and E. Marvin Johnson
(a widower) as "Seller" and Buck Engineering, P C , a North Carolina
professional corporation as "Buyer."
c A non-exclusive easement for ingress, egress and regress over that soil path/road
depicted on the plat recorded at Plat Book B28, Pages 271-278, Bladen County
Registry and Plat Book 110, Pages 139-142, Cumberland County Registry which
map2was revised and corrected as of June 23, 2005, and recorded in Plat Book
S page Blades County Registry and Plat Book l { 6c- , Pages*Z6?
Cumberland County Registry and ruining generally in a nortb/south direction
within the boundaries of the permanent conservation easement but exiting said
permanent conservation easement through the eastern boundary of said permanent
A959
8609 OK6959PG609 tx
conservation casement as shown on Sheet 2 of said recorded plat. This non-
exclusive easement is subject to Clmtee's determination to keep and preserve
said soil path/road and is further subject to uses consistent with this Conservation
Easement and the potential for hydraulic trespass as described in that certain
Option to Purchase Conservation Easement dated May 5, 2003, by and between
Steve A. Quinn and wife, Sharon Valentine and E. Marvin Johnson (a widower)
as "Seller" and Buck Engineering, P.C , a North Carolina professional corporation
as "Buyer "
I ms
4
6959
8618
BK6959PG610
EXPLANATION STATEMENT TO CORRECT OBVIOUS MINOR ERROR (S) MADE IN
AN INSTRUMENT AS ORIGINALLY RECORDED.
RE: BOOK 6935
PAGE 208
RECORDED IN THE „?herland COUNTY REGISTRY
NAMES OF ALL PARTIES TO THE ORIGINAL INSTRUMENT:
Sharon Valentine. Individually and as sole beneficiary of and Executrix
GRANTORS' of the Estate of Steve A. Quinn, deceased, and E. Marvin Johnson, a Widower
TRUSTEEIGRANTEES: The North Carolina Department of Transportation
STATE OF NORTH CAROLINA
COUNTY OF Cumberland
VWE, The Undersigned, hereby certify that the following coz=tjons are made in the
above named recorded instrument in accordance with the provisions of G.S. 47-36.1 ratified June
30,1986
DESCRIPTION OF CORRECTION (S): The notary's official seal was previously
omitted on page 9 and such seal is added by this corrective document.
THIS, THE DAY OF July 20? ?--
/ ,G (SEAL)
Robert' H Herr tt, Jr
(SEAL)
T,... ..,..-_.t_- _.
(SEAL)
(SEAL)
(SEAL)
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