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20160393 Ver 1_BPDP for PN_20160623Bank Parcel Development Plan Maple View Nutrient Offset Site Maple View Riparian Buffer and Nutrient Offset Mitigation Bank Orange County, North Carolina Jordan Lake River Basin — Upper New Hope Arm HUC 03030002060110 Prepared By: fires Resource Environmental Solutions, LLC 302 Jefferson Street, Suite 110 Raleigh, NC 27605 919-209-1056 June 2016 Table of Contents 1 INTRODUCTION.............................................................................................................................. 2 1.1 Parcel Location............................................................................................................................. 2 1.2 Parcel Overview............................................................................................................................2 2 PROJECT AREA — EXISTING CONDITIONS ............................................................................. 3 2.1 Physiography................................................................................................................................ 3 2.2 Soils.............................................................................................................................................. 3 2.3 Vegetation.....................................................................................................................................4 2.4 Threatened and Endangered Species............................................................................................ 4 2.5 Environmental and Cultural Constraints...................................................................................... 5 2.6 FEMA Floodplain/Floodway Mapping........................................................................................ 5 3 RESTORATION PLAN.....................................................................................................................5 3.1 Nutrient Offset Restoration Activities..........................................................................................5 3.2 Planting Plan................................................................................................................................. 6 3.3 Easement Boundaries and Fencing............................................................................................... 6 4 MONITORING AND MAINTENANCE PLAN ............................................................................. 6 4.1 Monitoring Protocol and Success Criteria.................................................................................... 6 4.2 Adaptive Management Plan.......................................................................................................... 7 4.3 Long Term Management Plan...................................................................................................... 7 5 FINANCIAL ASSURANCE.............................................................................................................. 7 6 MITIGATION POTENTIAL............................................................................................................8 7 REFERENCES.................................................................................................................................10 APPENDIX Appendix A— Supporting Figures Figure 1. Project Vicinity Map Figure 2. USGS Topographic Map Figure 3. National Wetlands Inventory Map Figure 4. Aerial Photo Map Figure 5. Soils Map Figure 6. FEMA Map Figure 7. Existing Conditions Figure 8. Conceptual Design Plan Figure 9- Service Area Map Appendix B- Correspondence Appendix C- Conservation Easement and Plat Appendix D — October 7, 2015 DWR memo on "Updated Nitrogen and Phosphorous Delivery Factors for Nutrient Offset and Other Trading Uses Under the Jordan Lake Nutrient Strategy" and corresponding Total Nitrogen Delivery Factor Map & Total Phosphorous Delivery Factor Map Appendix E- Existing Site Condition Photos Maple View Parcel Development Plan Nutrient Offset Site i June 2016 I INTRODUCTION EBX-EM, LLC (EBX, an entity of Resource Environmental Solutions, LLC) acting as the Bank Sponsor, is pleased to provide this Bank Parcel Development Plan (BPDP) for the Maple View Nutrient Offset Mitigation Bank (Bank). This Bank is designed to provide nutrient offset mitigation credits for unavoidable impacts due to development within the Upper New Hope Arm of the B. Everett Jordan Lake watershed in the Cape Fear River Basin. This BPDP is in accordance with 15A NCAC 0213.0240 and the Cape Fear Riparian Buffer & Nutrient Mitigation Banking Instrument (LIMBI) made and entered into by EBX-EM, LLC acting as the Bank Sponsor (Sponsor), and the North Carolina Department of Environmental Quality (NCDEQ) on _October 9, 2009 and modified on February 17, 2014. Supporting figures can be found in Appendix A. 1.1 Parcel Location The Maple View Parcel is located in Orange County in Hillsborough, NC (Figure 1). Within the Parcel, a section of Morgan Creek and two unnamed tributaries traverse the site and exhibit diminished habitat value as a result of past and on-going agricultural activities and impervious watershed conditions. The Parcel is located within the Upper New Hope Arm of the B. Everett Jordan Lake watershed USGS 14 - digit HUC 03030002060070 and North Carolina Division of Water Resources (NC DWR) Sub -basin Number 03-06-06. The site is located near the intersection of Green Rise Road and Dairyland Road (SR 1177). The site is on the south side of Dairyland Road with the main drainage feature flowing west to east. The coordinates of the site are 35.973056°N and -79.147778°W. 1.2 Parcel Overview The conservation easement on the Maple View Parcel totals approximately 7.63 acres and includes two unnamed tributaries. Stormwater runoff from adjacent land flows directly to Morgan Creek. The Parcel is located in an area dominated by agriculture, livestock, and residential land use. There is a dairy operation on the north side of Dairyland Road, but a majority of the Parcel is utilized for row -crop production. Land use in the project area is hay field, row crops, and existing riparian forest. No livestock are on the Bank Parcel, therefore livestock access is not a concern. The Maple View Nutrient Offset Mitigation Bank is proposed to provide water quality benefits through elimination of nutrient intensive agricultural practices and re -forestation of riparian areas that extend out to 200 feet from the stream channels. The riparian restoration activities within the Parcel will result in improved water quality within the downstream watershed. Unnamed Tributary "A" is a perennial channel which flows in an easterly direction along the southern project boundary. Unnamed Tributary `B" is a perennial channel which flows in a southerly direction to its confluence with unnamed tributary "A". Unnamed Tributary "C" is a perennial channel flowing in a southerly direction to its confluence with UT- A. Stream Determinations were verified by DWR staff onsite on July 7, 2015 and in correspondence dated July 16, 2015 (Appendix B). Site viability for buffer mitigation and nutrient offset was determined onsite on July 7, 2015 and in correspondence dated August 5, 2015. The Maple View Parcel is being proposed to provide off-site mitigation for development (both existing and proposed) requiring nutrient offset credits. The nutrient offset credits proposed on this Bank is Maple View Parcel Development Plan Nutrient Offset Site 2 June 2016 being submitted under the terms and conditions of the Cape Fear UMBI modified and signed on February 2, 2014 between EBX-EM, LLC and the Department of Environmental Quality. 2 PROJECT AREA — EXISTING CONDITIONS 2.1 Physiography The Parcel is in the Piedmont Physiographic Province of North Carolina, specifically within the Carolina Slate Belt ecoregion. A review of the Ecoregions of North Carolina and South Carolina (Griffith et al., 2002) shows the geology in the area of the property is comprised of "mineral -rich metavolcanic and metasedimentary rocks with slately cleavage," which is finer grained and less metamorphosed than other eco -regions within the Piedmont. It is also common for streams to dry up, along with low yielding wells. Elevations range from 154 to 172 feet above mean sea level (NAD 27) based upon USGS mapping (Figure 2). The Site's tributaries form the headwaters of Morgan Creek. Within the proposed mitigation area, the channels drain surface water and groundwater from the surrounding agricultural areas. 2.2 Soils Based on Orange County soil survey mapping (USDA 1977), the Parcel contains three soil series: Chewacla loam, Goldston slaty silt loam, and Herndon silt loam. (Figure 5). The soil series found on the site are described below and summarized in Table 1. Table 1. Parcel Mapped Soil Series Map Hydrologic Unit Map Unit Name Drainage Class Hydric Status Soil Group Symbol Ch Chewacla loam Somewhat poorly Hydric y B/D drained Goldston slay silt GIF loam, 15 to 45% Well drained Not Hydric D slopes HrB Herndon silt loam, Well drained Not Hydric B 2 to 6% slopes HrC Herndon silt loam, Well drained Not Hydric B 6 to 10% slopes Chewacla loam. This is a somewhat poorly drained soil found on floodplains of streams. It has moderate permeability and negligible to low runoff. This soil typically floods frequently for brief periods. The seasonal high water table ranges from 6 to 24 inches below the surface. It has sometime has clayey subsoil. Uses are for pasture, cropland, and forest. This soil is considered prime farmland when drained. This soil is considered to have hydric inclusions by the NRCS. Goldston slay silt loam. This well drained soil occurs on side slopes adjacent to major drainage ways, with mapped areas typically being narrow bands. The underlying material, extending to a depth of 24 inches, is mottled pale brown saprolite that crushes to silt loam. The permeability of is moderately Maple View Parcel Development Plan Nutrient Offset Site 3 June 2016 rapid, and the potential for crop production is low. The soil has medium potential for broad leaved and needle leaved trees. Herndon silt loam. The Herndon series consists of very deep well drained moderately permeable soils that formed in material mostly weatehered from fine grained metavolcanic rock of the Carolina Slate Belt. It occurs on broad ridges and (2 to 6 percent slopes) narrow side slopes (6 to 10 percent slopes) on uplands. Most of this soil is used as cropland, but it has high potential for broad leaved and needle leaved trees. 2.3 Vegetation Vegetative communities within the Bank Parcel can be grouped into two distinct vegetative communities. These two vegetative communities can be generally characterized as a Piedmont Alluvial Forest, according to the North Carolina Natural Heritage Program (NHP) classification system (Schafale and Weakley, 1990) and agriculture. Agricultural areas are subject to periodic mowing and crop production (i.e. hay and corn production). The dominant grasses tend to be bermuda grass (Cynodon dactylon) and various fescue species (Festuca sp.). Adjacent to the row crop areas are Piedmont Alluvial Forest communities. The fringe of these communities have been disturbed due to historic clearing activities. As a result, there are non-native invasive species such as multiflora rose and Chinese privet located within the fringe of these communities. Dominant species noted within these communities include various oak species (Quercus sp.), river birch (Betula nigra), American elm (Ulmus Americana), tulip poplar (Liriodendron tulipifera), various hickory species (Carya spp.), red mapl (Acer rubrum), and sweet gum (Liquidambar styraciflua). 2.4 Threatened and Endangered Species Plants and animals with a federal classification of endangered (E) or threatened (T) are protected under provisions of Sections 7 and 9 of the Endangered Species Act of 1973, as amended. The US Fish and Wildlife Service database (updated 22 September 2010) lists three endangered species for Orange County, North Carolina: dwarf wedgemussel (Alasmidonta heterodon), Michaux's sumac (Rhus mixhauxii), and smooth coneflower (Echinacea laevigata) (Table 2). The Bald eagle (Haliaeetus leucocephalus) is protected under the Bald and Golden Eagle Protection Act (BGPA) and prohibits take of bald and golden eagles. No protected species or potential habitat for protected species was observed during preliminary site evaluations. In addition to the USFWS database, the NC Natural Heritage Program (NHP) GIS database was consulted to determine whether previously cataloged occurrences of protected species were mapped within one mile of the project site. Results from NHP indicate that there are no known occurrences of state threatened or endangered species within a one -mile radius of the project area. Based on initial site investigations, no impacts to state protected species are anticipated as a result of the proposed project. Table 2. Federally Protected Species in Orange County Common Name Scientific name Federal Status Habitat Present Record Status Vertebrate: Bald eagle Haliaeetus leucoce halus BGPA Yes Current Invertebrate• Maple View Parcel Development Plan Nutrient Offset Site 4 June 2016 Common Name Scientific name Federal Status Habitat Present Record Status Dwarf wedgemussel Alasmidonta heterodon E No Current Vascular Plant: Michaux's sumac Rhus michauxii E No Historic Smooth coneflower Echinacea laevi ata E No Historic E = Endangered; BGPA = Bald and Golden Eagle Protection Act 2.5 Environmental and Cultural Constraints Environmental and cultural resources include historic and archeological resources located in or near the project parcel. EBX has evaluated the Parcel's existing and future conditions of cultural resources to determine potential project impacts. The evaluation focused primarily on the presence of hazardous materials, utilities and restrictive easements, rare/threatened/endangered species or critical habitats, cultural resources, and the potential for hydrologic trespass. A review of the North Carolina State Historic Preservation Office (SHPO) GIS Web Service database did not reveal any listed or potentially eligible historic or archeological resources in the proposed project area. No architectural structures or archeological artifacts have been observed or noted during surveys of the site for restoration purposes. 2.6 FEMA Floodplain/Floodway Mapping Hydrologic trespass is a not a concern for this project. The Maple View Site is not located within a FEMA 100 year floodway (Figure 6). No floodplain impacts associated with the project are anticipated. 3 RESTORATION PLAN 3.1 Nutrient Offset Restoration Activities The primary goals associated with the nutrient offset restoration plan include improving water quality, enhancing flood attenuation, and restoring wildlife habitat through the creation/restoration of forested riparian areas adjacent to stream channels within the Parcel. The restoration of natural plant communities within the Parcel will not only provide stabilization and improve water quality within the easement limits, but also provide ecological benefits to the entire watershed. The majority of the site has been previously maintained as a cleared agricultural field for hay and corn production. As such, these areas are relatively clear and require little site preparation other than select herbicide treatment and soil preparation (i.e. ripped and scarified). The riparian areas will be planted with native bare root tree seedlings on an 8 by 8 foot spacing to achieve an initial density of 680 trees per acre. The buffered channels will provide water quality and habitat functions within the sensitive Jordan Lake watershed. Some areas adjacent to the forested areas may require maintenance due to the rapid regeneration of some species. Rapidly regenerating species and invasive species may develop greater individual species density and create a less diverse mix. Minimal maintenance is anticipated due to the past cultivation history. Riparian restoration will begin at the outer limits of the existing tree lines and extend out to 200 feet from the top of bank from reaches A, B and C (Figure 8). Approximately 3 acres of mature forest will be protected within the conservation easement, but no buffer or nutrient offset credits will be generated. Maple View Parcel Development Plan Nutrient Offset Site 5 June 2016 3.2 Planting Plan Revegetation of the site will include planting bare root trees and controlling invasive species growth. Piedmont Alluvial Forest will be the target community type and will be used for all areas within the project. The community is defined by Schafale and Weakely (1990). The initial planting of bare root trees will occur in late Fall 2016 Tree species specified for planting on the Maple View Site are shown in Table 3. Table 3. Maple View Site Tree Planting List Common Name Scientific Name % of Total Composition American sycamore Platanus occidentalis 25% Water Oak Quercus nigra 15% River Birch Betula nigra 10% Blackgurn N ssa s lvatica 10% Northern Red Oak Quercus rubra 10% White Oak Quercus alba 10% Chestnut Oak Quercus montana 10% Swamp Chestnut Oak Quercus michauxii 10% 3.3 Easement Boundaries and Fencing Easement boundaries will be identified in the field to ensure clear distinction between the Parcel and adjacent properties. Boundaries may be identified by marker, bollard, post, tree -blazing, or other means as allowed by site conditions and/or conservation easement. Boundary markers disturbed, damaged, or destroyed will be repaired and/or replaced on an as needed basis. No livestock is currently accessing the site and no fencing is proposed. The easement boundary will be checked annually as part of monitoring activities and reported to NC DWR. 4 MONITORING AND MAINTENANCE PLAN 4.1 Monitoring Protocol and Success Criteria The Sponsor shall submit to NCDWR an annual monitoring report for each phase, no later than December 31 of each year for five consecutive years. Reports will document the success of the vegetation and any maintenance, supplemental planting, or encroachment within the easement areas. Riparian buffer vegetation monitoring will be based on the CVS-EEP Protocol for Recording Vegetation Level 1-2 Plot Sampling Only Version 4.0. Annual vegetation monitoring will occur each year during the fall season with the first year occurring at least 5 months from initial planting. Seven (7) permanent vegetation monitoring plots will be installed at a minimum of 100 m2 in size, and cover at least two percent of the planted area throughout the 5 years of monitoring. A reference photo will be taken from one corner of each plot. All planted stems in the plots will be marked with flagging tape and recorded. The following data will be recorded for all planted trees in the plots: species, height, planting date (or volunteer), and grid location. The measures of vegetative success for the Parcel will be the survival of at least 320 planted trees per acre at the end of Year 5. Natural recruits will not count towards annual success criteria; however, they may be taken into account during review by the NC DWR. Invasive and noxious species will be Maple View Parcel Development Plan Nutrient Offset Site 6 June 2016 monitored and controlled so that none become dominant or alter the desired community structure of the site. Initial plant maintenance may include a one-time mowing in any of the planted riparian areas that are within the Jordan Lake Riparian Buffer as defined in 15A NCAC 0213.0267and mowing as needed within planted areas outside of the riparian buffer to remove undesirable species in the restoration areas. If necessary, EBX will develop a species-specific control plan. Monitoring bonds shall be renewed with confirmation of renewal provided to DWR with each annual monitoring report. DWR reserves the right to alter the credit release schedule if monitoring reports are submitted without proof of bond renewals. 4.2 Adaptive Management Plan In the event that the site, or a specific component of the site, fails to achieve the defined success criteria, EBX will develop necessary adaptive management plans and/or implement appropriate remedial actions for the site in coordination with the NC DWR. Remedial actions will be designed to achieve the success criteria specified previously, and will include identification of the causes of failure, remedial design approach, work schedule, and monitoring criteria that will take into account physical and climatic conditions. 4.3 Long Term Management Plan EBX-EM, LLC, acting as the Bank Sponsor, has recorded a Conservation Easement on the Bank Parcel with the Orange County Register of Deeds office. EBX will monitor the Site for a minimum of five years, or until NC DWR approval. This BPDP provides detailed information regarding bank operation, including long term management and annual monitoring activities, for review and approval by the NC DWR. This Conservation Easement was made on November 19, 2015 between Nutter Farms, LLC and the Triangle Land Conservancy (TLC), a Non -Profit North Carolina Corporation. All monitoring activities, including periodic inspections of the site to ensure that restrictions required in the Conservation Easement are upheld, are the responsibility of EBX until the Bank Parcel is transferred to the TLC at the end of monitoring. Endowment funds required to uphold easement and deed restrictions shall be negotiated prior to site transfer to TLC. The conservation easement on the Bank Parcel was not approved by the DWR and is not consistent with the standards employed by the State of North Carolina. Therefore, the Bank Sponsor will ensure that the Conservation Easement is revised and that it will allow for the implementation of the Maple View Nutrient Offset Mitigation Bank, the Maple View Farms Bank Parcel Development Package, and will grant all rights to both the Grantee and the NCDWR. Additional changes to the conservation easement will be determined in consultation with EBX and the NCDWR. The conservation easement shall be approved by the DWR prior to the credit release. 5 FINANCIAL ASSURANCE The Sponsor will provide financial assurances in the form of Performance Bonds sufficient to assure one - hundred percent (100%) completion of all mitigation work, required reporting and monitoring, and any remedial work required. Financial assurances will be payable at the direction of the NC DWR to its designee or to a standby trust. Financial assurances structured to provide funds to the NC DWR in the event of default by the Bank Sponsor are not acceptable. The initial performance bond will be in the Maple View Parcel Development Plan Nutrient Offset Site 7 June 2016 amount of at least $150,000 and shall be able to cover 100% of the costs associated with construction of the riparian restoration areas. The monitoring bond shall be in the amount of at least $100,000 and shall be able to cover 100% of the costs associated with the monitoring and maintenance of the riparian restoration areas for at least five years. 6 MITIGATION POTENTIAL The Maple View Bank presents 7.63 acres of permanent conservation easement in Orange County, North Carolina. The purpose of this project is to generate nutrient offset credits for development impacts within the Upper New Hope Sub -watershed of Jordan Lake. The legal limits of the mitigation site have not been finalized. Once finalized, a conservation easement and final recorded plat will be provided in Appendix C. The width of the riparian restoration area will begin at the most landward limit of the top of bank or the rooted herbaceous vegetation and extend landward to a maximum distance of 200 feet. Upon the submittal of this BPDP, the current NCDWR policy on the nutrient abatement of riparian restoration on lands in agriculture is provided below: A. Pursuant to the Jordan Trading Rule Item 15A NCAC 02B .0273(2)(a), load reductions eligible for credit are only those that exceed reduction needs calculated by applying the strategy sub -watershed percentage reduction goals as provided in 15A NCAC 02B .0262 (5). For this Bank Parcel's location in the Upper New Hope, this requirement results in a reduction of credits yielded per acre of restored riparian buffers on agricultural land when compared with the credits given for agricultural lands in other river basins. The nutrient offset generated credits for this Bank Parcel is depicted in Table 6.0 below. Table 6.0 Generated Credit Yield Jordan Generated Credit (pounds/30 year/acre) Sub -watershed Nitrogen Phosphorus Upper New Hope 2,169.26 143.81 B. As required under Jordan Trading Rule Item 15A NCAC 02B .0273 (2)(d)(i), the party seeking to sell credits must account for differences in instream nutrient losses between the location of the reduction need and excess loading reduction being delivered to the affected arm of Jordan lake. Delivered credits are calculated by applying the delivery factors in Table 6.1 and the acreage of riparian restoration to the generated credit yields from Table 6.0 above. C. Appendix E, dated October 7, 2015, provides a memorandum from NCDWR and corresponding maps, showing updated nitrogen and phosphorous load delivery factors. In conversations with NCDWR, it was determined that this Maple View Parcel Development Plan Nutrient Offset Site 8 June 2016 policy would be used to determine the delivered credits on this Bank Parcel. The Maple View Bank Parcel falls into Zone 9 for Nitrogen (N) and Zone 7 for Phosphorous (P). Details are provided in Table 6.1 below. Table 6.1 Delivery Factors Delivery Factors Nitrogen Phosphorous Zone 9 Zone 7 89% 71% The Maple View Bank has the potential to generate 4.54 acres of nutrient offset credits and will be preserving 3.10 acres of riparian buffer for a contiguous conservation easement. The offset credits will be finalized upon completion of the final As -Built survey of the conservation easement within the Bank Parcel and will be included in the As -Built Report. The total potential nutrient offset credits that the Maple View Bank will generate are summarized in Table 6.2; Figure 8. Table 6.2. Maple View Bank Parcel Nutrient Offset Credit Summary The Maple View Bank will service impacts within the Upper New Hope Arm of the B. Everett Jordan Lake watershed. Please note this Bank Parcel is not intended to function for mitigation for buffer impacts. It will only be used for nutrient credits. EBX will maintain two credit ledgers for the Maple View Bank for Nitrogen and Phosphorous credits separately. EBX will maintain the nutrient offset ledgers in both "Generated Credits" and "Delivered Credits". The Maple View Bank can only sell delivered credits from this bank. Maple View Parcel Development Plan Nutrient Offset Site 9 June 2016 Mitigation Generated Delivery Factors Buffer Type Credit Total Credit Per Delivered Zone Type Acreage Acre Zone Delivery Credits Zone A Riparian (0-200')* restoration Nitrogen 4.54 2,169.26 lbs 9 89% 8,765 lbs Zone A Riparian (0-200')* restoration Phosphorus 4.54 143.81 lbs 7 71% 463 lbs Jordan Preservation Buffer n/a 3.10 n/a n/a n/a n/a *areas within existing forest are Total Delivered Nitrogen Credit 8,765 lbs included as Preservation Type Total Delivered Phosphorus Credit 463 lbs The Maple View Bank will service impacts within the Upper New Hope Arm of the B. Everett Jordan Lake watershed. Please note this Bank Parcel is not intended to function for mitigation for buffer impacts. It will only be used for nutrient credits. EBX will maintain two credit ledgers for the Maple View Bank for Nitrogen and Phosphorous credits separately. EBX will maintain the nutrient offset ledgers in both "Generated Credits" and "Delivered Credits". The Maple View Bank can only sell delivered credits from this bank. Maple View Parcel Development Plan Nutrient Offset Site 9 June 2016 7 REFERENCES Griffith, G.E., Omernik, J.M., Comstock, J.A., Schafle, M.P., McNab, W.H., Lenat, D.R., MacPherson, T.F., Glover, J.B., and Shelburne, V.B., 2002, Ecoregions of North Carolina and south Carolina, (color poster with map, descriptive text, summary tables, and photographs): Reston, Virginia, U.S. Geological Survey (map scale 1:1,500,00). NCDENR. 2009. "Neuse River Basinwide Water Quality Plan." Division of Water Quality. http:// http://portal.ncdenr.org/web/wq/ps/bpu/basin/neuse/2009. (October 2013). NCDENR. 2010. "N.C. Wetland Assessment Method User Manual Version 4.1." N.C. Wetland Functional Assessment Team. NC Environmental Management Commission. 2014. Rule 15A NCAC 02B.0295 - Mitigation Program Requirements for the Protection and Maintenance of Riparian Buffers. Schafale, M.P. and A.S. Weakley. 1990. Classification of the Natural Communities of North Carolina, Third Approximation. North Carolina Natural Heritage Program, Division of Parks and Recreation, NCDENR, Raleigh, NC. Maple View Parcel Development Plan Nutrient Offset Site 10 June 2016 Appendix A. Supporting Figures Figure 1. Project Vicinity Map Figure 2. USGS Topographic Map Figure 3. National Wetlands Inventory Map Figure 4. Aerial Photo Map Figure 5. Soils Map Figure 6. FEMA Map Figure 7. Existing Conditions Map Figure 8. Conceptual Design Plan Figure 9. Service Area Map Ha"en El -.-n Bui r I in gt on I r 1-1, -IFIP- Efland Eno Rpve' GrAlam Hill State Park R, 9 — 1-40 W. 4,.Z -40 A arn a nr a ..5 -05 D Latitude: 35'58' 20.83" N universiti',. �Durharn Longitude: 79'8'54.44" W -7 At" 297 Cate Creek A15 Ch - 'J Hill 41 -ANIAN(A Cary I Basemap:Topographic map via ESRI image service. Bond Horizontal Datum is North Carolina State Plane NAD 83. Opti Project limits are approximate. Le -gen The parcel data inform ation/property boundaries depicted on this map is for prospect assessment Maple View Nutrient Offset Site purposes only. It is not to be used as final boundaries. FIGURE 1 Date: 9/1/2015 wE VICINITY MAP Drawn by: BRIG res BANK PARCEL DEVELOPMENT PLAN 0 5 MAPLE VIEW NUTRIENT OFFSET SITE Checked by: DI Miles ORANGE COUNTY, NORTH CAROLINA Basemap: USGS 7.5 minute topographic map; White Cross, 2013 Horizontal Datum is North Carolina State Plane NAD 83. Legend Project limits are approximate. The parcel data information/property boundaries Nutter Farms LLC depicted on this map is for prospect assessment purposes only. It is not to be used as final boundaries. ® Easement Area (7.63 Ac.) w+11 FIGURE 2 USGS 7.5 MINUTE TOPOGRAPHIC MAP Date: 3/30/2016 Drawn by: BPB res BANK PARCEL DEVELOPMENT PLAN 0 250 500 1,000 MAPLE VIEW NUTRIENT OFFSET SITE Checked by: DI Feet ORANGE COUNTY, NORTH CAROLINA 1 Basemap: Basemap: Google Earth WMS service, NCMHTD Horizontal Datum is North Carolina State Plane NAD 83. Project limits are approximate. The parcel data information/property boundaries depicted on this map is for prospect assessment purposes only. It is not to be used as final boundaries. A 0 250 500 1,000 lFeet FIGURE 3 NATIONAL WETLANDS INVENTORY MAP BANK PARCEL DEVELOPMENT PLAN MAPLE VIEW NUTRIENT OFFSET SITE ORANGE COUNTY, NORTH CAROLINA �t 11Fh L� PUBH - 4 Legend Easement Area (7.63 Ac.) National Wetlands Inventory - Estuarine and Marine Deepwater Estuarine and Marine Wetland Freshwater Emergent Wetland - Freshwater Forested/Shrub Wetland ® Freshwater Pond - Lake ® Other P. - Riverine Date: 3/30/2016 Drawn by: BPB Checked by: DI res Basemap: Google Earth WMS service, NCMHTD. Horizontal Datum is North Carolina State Plane NAD 83. Project limits are approximate. The parcel data information/property boundaries depicted on this map is for prospect assessment purposes only. It is not to be used as final boundaries. 0 50 100 Feet 0. � it yftit'', f j { A -`��ir ,!• ' +',' m j , ;*J A'f �11V FIGURE 4 AERIAL PHOTO MAP BANK PARCEL DEVELOPMENT PLAN 200 MAPLE VIEW NUTRIENT OFFSET SITE ORANGE COUNTY, NORTH CAROLINA Legend Maple View Nutrient Offset Site Date: 3/30/2016 Drawn by: BPB Checked by: DI pres Basemap: Google Earth WMS service, NCMHTD. Horizontal Datum is North Carolina State Plane NAD 83. Project limits are approximate. The parcel data information/property boundaries depicted on this map is for prospect assessment purposes only. It is not to be used as final boundaries. w�E 50 100 200 FIGURE 5 SOILS MAP BANK PARCEL DEVELOPMENT PLAN MAPLE VIEW NUTRIENT OFFSET SITE Feet ORANGE COUNTY, NORTH CAROLINA HFel Legend F=— SSURGO Soil Map Unit Maple View Nutrient Offset Site (7.63 Ac.) Date: 3/30/2016 Drawn by: BPB res Checked by: DI 0 Basemap: Google Earth WMS service, NCMHTD. Horizontal Datum is North Carolina State Plane NAD 83 Project limits are approximate. The parcel data information/property boundaries depicted on this map is for prospect assessment purposes only. It is not to be used as final boundaries. 0 50 100 200 Feet 7 � d A r' Tr + 'w FIGURE 7 EXISTING CONDITIONS MAP BANK PARCEL DEVELOPMENT PLAN MAPLE VIEW NUTRIENT OFFSET SITE ORANGE COUNTY, NORTH CAROLINA d r ' Legend Maple View Nutrient Offset Site Landcover Hay/Pasture (4.5 Ac. +/-) r Deciduous Forest (3.1 Ac. +/ ) Date: 3/31/2016 Drawn by: BPB Checked by: DI pres Legend Mitigation Assets Nutrient Offset (4.54 (Ac.) Buffer Preservation -No Credits (3.10 Ac.)� Stream tv a "p ad Maple View Nutrient Offset Site (7.3 Ac. +/-) Nutter Farms LLC - - a Basemap: Google Earth WMS service, NCMHTD. Horizontal Datum is North Carolina State Plane NAD 83. Project limits are approximate. The parcel data information/property boundaries depicted on this map is for prospect assessment purposes only. It is not to be used as final boundaries. Am 7 Maple View Site N ./0'* 4 N DO, Fl.wUkDuo,. 81A -Ptak Ai -ft �4u-HK 17-1 yjhm.otl �r6 a . r Tray , 1p VA W-6, 14 Rd 91.� F,1k -A N Fl.wUkDuo,. 81A -Ptak Ai -ft 17-1 • �r6 a . r 91.� F,1k "16 WOO-* ? O�rris� Ie z Legend I Cary Ond F Service Area- Upper New Hope Subwatershed 41' 5 + FIGURE 9 SERVICE AREA MAP Date: 6/23/2016 Drawn by: BPB BANK PARCEL DEVELOPMENT PLAN 0 1.5 3 MAPLE VIEW NUTRIENT OFFSET SITE Checked by: DI Miles ORANGE COUNTY, NORTH CAROLINA Appendix B. Correspondence �A4 A NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary August 5, 2015 Daniel Ingram EBX Neuse I, LLC (RES) 302 Jefferson Street, Suite 110 Raleigh, NC 27605 (via electronic mail) Re: Site Viability for Buffer Mitigation & Nutrient Offset — Maple View/Nutter Farms 3111 Dairyland Road, Hillsborough, NC Orange County Dear Daniel, On June 23, 2015, Katie Merritt, with the Division of Water Resources (DWR), received a request from EBX-EM, LLC, a subsidiary of Resource Environmental Solutions, LLC (RES) for a site visit near the above -referenced site to determine the potential for nutrient offset and Jordan riparian buffer mitigation. On July 7, 2015, Ms. Merritt performed a mitigation determination of features depicted on the attached aerial map. This mitigation determination was performed in accordance with the temporary consolidated buffer mitigation rule 15A NCAC 02B .0295 (Rule .0295). If approved, mitigating this property could provide riparian buffer credits and/or nutrient offset credits within the Upper New Hope Sub -watershed of Jordan Lake. EBX will need to have an approved Mitigation Banking Instrument (MBI) specific for this site in order to apply Rule .0295 towards its buffer mitigation. The existing EBX Cape Fear Umbrella Mitigation Banking Instrument is not compatible for use of the temporary Rule .0295 for buffer mitigation. Ms. Merritt's evaluation of the property for buffer and nutrient offset mitigation viability is provided below and on the attached map: Feature "A" (Western side only) • Stream onsite is perennial and subject to the Jordan buffer rule as provided in the Buffer Determination Letter dated July 16, 2015 by the Raleigh Regional Office. • The existing land use within the Jordan buffer (0 -50') was primarily mature forest and would be viable for Buffer Preservation credit on the Western side of the stream. The Eastern side of the stream consists of a linear ditch ("D') that runs parallel to the stream. The presence of this ditch effects the Eastern side of the stream's viability for buffer mitigation. Proposals for buffer preservation must comply with all items of 15A NCAC 02B. 0295 (m)(2)(D). • The existing land use outside of the mature forest was active row crop and may be viable for buffer restoration for either nutrient offset credit or buffer credit depending on the distance from the stream. Division of Water Resources - 401 and Buffer Permitting Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-6300 \ FAX: 919-807-6494 Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper Maple View/Nutter Farms August 5, 2015 Page 2 of 3 Feature "D"(Eastern side only) • Feature is a ditch and is NOT subject to the Jordan buffer rule. Feature "A" runs parallel to the Western side of the ditch. • The existing land use within the riparian area adjacent to the ditch was determined to be mature forest and is not viable for buffer or nutrient offset credit. • The existing land use within the riparian area outside of the mature forest was active row crop and may be viable for buffer restoration for either nutrient offset credit or alternative buffer mitigation credit depending on the distance from the ditch. Proposals for using ditches as alternative buffer mitigation must comply with all items of 15A NCAC 02B.0295 (m)(2)(H). Feature "R" Stream onsite is perennial and subject to the Jordan buffer rule as provided in the Buffer Determination Letter dated July 16, 2015 by the Raleigh Regional Office. The existing land use within the Jordan buffer (0 -50') was a mixture of mature forest and row crops and would be viable for Buffer Preservation, Buffer Restoration or Buffer Enhancement depending on the section of Feature B that is being mitigated. The buffer restoration or enhancement areas are viable for nutrient offset credit or buffer credit. The buffer preservation areas are viable for buffer credit only. Riparian areas outside of the mature forest were in active row crop and would be viable for buffer restoration for either nutrient offset credit or buffer credit depending on the distance from the stream. Feature "C" (Perennial Reach) • Stream onsite is perennial downstream of the GIS point (35.5831, -79.8473) and is subject to the Jordan buffer rule as provided in the Buffer Determination Letter dated July 16, 2015 by the Raleigh Regional Office. • The existing land use within the Jordan buffer (0 -50') was a mixture of mature forest and row crops and would be viable for Buffer Preservation, Buffer Restoration or Buffer Enhancement depending on the section of Feature C that is being mitigated. The buffer restoration or enhancement areas are viable for nutrient offset credit or buffer credit. The buffer preservation areas are viable for buffer credit only. • Riparian areas outside of the mature forest were in active row crop and would be viable for buffer restoration for either nutrient offset credit or buffer credit depending on the distance from the stream. Feature "C" (Ditch Reach) • Feature is a ditch and is NOT subject to the Jordan buffer rule. • The existing land uses within the riparian area adjacent to the ditch was active row crop and would may viable for buffer restoration for nutrient offset credit or alternative buffer mitigation credit depending on the distance from the ditch. Proposals for using ditches as alternative buffer mitigation must comply with all items of 15A NCAC 02B.0295 (m)(2)(H). Maple View/Nutter Farms August 5, 2015 Page 3 of 3 Feature "E" • Not a feature and is not viable for any mitigation credit A map showing the project site is provided and signed by Ms. Merritt on August 4, 2015. Please contact Katie Merritt at (919)-807-6371 if you have any questions regarding this correspondence. Sincerely, kolkw Karen Higgins, Supervisor 401 and Buffer Permitting Unit KAH/km Attachments: Site Aerial Map cc:File Copy (Katie Merritt) Q Z Q J w O � Q J� U J Z NLUa^ LL, W O Q V) Z �Qui r �+ w 0 z ~ CO 0 DO O zo w a � a Z Q a O 0 0 U r N o + LL C a N ot ow rNm < N J G E7 cu N i co w °)) o o a 0 Q m N z a 0 w J - Q Z Q J w O � Q J� U J Z NLUa^ LL, W O Q V) Z �Qui r �+ w 0 z ~ CO 0 DO O zo w a � a Z Q a O 0 0 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor July 16, 2015 Nutter Farms, LLC Atm: Roger Nutter 3100 Dairyland Road Hillsborough, NC 27278 Donald R. van der Vaart Secretary Subject: Buffer Determination NBRRO# 15-280 Orange County Determination Type: Buffer Call Isolated or EIP Call ® Neuse (15A NCAC 213.0233) Start@ ❑ Tar -Pamlico (15A NCAC 2B .0259) ❑ Ephemeral/Intermittent/Perennial Determination USGS El Isolated Wetland Determination E] Jordan (15A NCAC 26 .0267) To Project Name: Nutter Farms: 31 1 1 Dairyland Road, Hillsborough Location/Directions: Subject property is privately owned agricultural land located at project address; potential buffer and nutrient mitigation site; Subject Stream: UT to Morgan Creek Determination Date: July 7, 2015 Staff: Sara Knies Feature Not Subject E/I/P* Start@ Stop@ Soil USGS /Flag Subject To Survey Topo To Buffers Buffers A X P Throughout Throughout X X B X P Throughout Throughout X X C X P (35.5831, Throughout X -79.8473) *E/I/P - EphemeraVIntermittent/Perennial Explanation: The feature(s) listed above has or have been located on the Soil Survey of Wake County, North Carolina or the most recent copy of the USGS Topographic map at a 1:24,000 scale. Each feature that is checked "Not Subject" has been determined not to be a stream or is not present on the property. Features that are checked "Subject" have been located on the property and possess characteristics that qualify it to be a stream. There may be other streams located on your property that do not show up on the maps referenced above but, still , may orthCarolina Infsis.n��si V V"&&&sassy North Carolina Division of Water Resources 1628 Mail Service Center Raleigh, NC 27699-1628 Phone (919) 791-4200 Internet: www.ncwaterauality.orp Location: 3800 Barrett Drive Raleigh, NC 27609 Fax (919) 788-7159 An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Nutter Farms Mitigation Bank Orange County July 16, 2015 Page 2 of 2 considered jurisdictional according to the US Army Corps of Engineers and/or to the Division of Water Resources (DWR). This on-site determination shall expire rive (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWR or Delegated Local Authority may request a determination by the Director. An appeal request must be made within sixty (60) days of date of this letter or from the date the affected party (including downstream and/or adjacent owners) is notified of this letter. A request for a determination by the Director shall be referred to the Director in writing c/o Karen Higgins, Karen Higgins, DWR — 401 & Buffer Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. This determination is final and binding unless, as detailed above, you ask for a hearing or appeal within sixty (60) days. The owner/future owners should notify the Division of Water Resources (including any other Local, State, and Federal Agencies) of this decision concerning any future correspondences regarding the subject property (stated above). This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be directed to the Division of Water Resources (Central Office) at (919)-807-6300, and the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-554-4884. If you have questions regarding this determination, please feel free to contact Sara Knies at (919) 7914258. es ctfully, Danny Smi , Supervisor Water Quality Section Raleigh Regional Office cc: RRO/SWP File Copy 0 2r -0 CL --1 -0 2 co - O N No���� f. �N�ozW� A �xo� rID �► . sO � ON( (n 0 O - �D (�D �' c0 fan N N Q Cn 'O • • N O N _? N ry C O N N C l p 7 D N O CD D N w O c ,Z1 � D O Z Go V O cilc O C= m� z z v m � � g m� AD mouC p mg 0m MN O— Pdbl• � m- Z r - n Dn D M 2 • 1 OD n r i Z D D ' 4r N T- all n Q rn fp . co j o CL T �- C M 3 AN N CD � �...�. z d `r Appendix C. Conservation Easement and Plat 20151119000229240 SUNS (/ :RB0055.276 P 11/19/2015 3M 1/14 FILED Mark Chilton Register of Deeds, Orange Co,NC Record, Fee: 1g2: NC Rea! state iX: $230.00 PERMANENT CONSERVATION EASEMENT PIN #9850-58-0672 j?evrKo�s{s,a�sr �T230.00 Prepared by and return to: Allison L. Reeves Williams Anderson Ryan & Carroll LLP 10245 Siegen Lane, Suite C Baton Rouge, LA 70810 STATE OF NORTH CAROLINA COUNTY OF ORANGE THIS CONSERVATION EASEMENT ("Conservation Easement"), made this )e14Iv day Of YmPm her . 20157 by NUTTER FARMS, LLC, a North Carolina limited liability company ("Grantor"), whose mailing address is 3100 Dairyland Road, Hillsborough, North Carolina 27278-8390, to TRIANGLE LAND CONSERVANCY, a Non -Profit North Carolina Corporation with its principal office located at 1101 Haynes Street, Suite 205, Raleigh, North Carolina 27604 ("Grantee")- The designations of Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine, or neuter as required by contest. WITNESSETH: WHEREAS, Grantor owns in fee simple certain real property situated, lying and being in Orange County, North Carolina, more particularly described in Exhibit A attached hereto and incorporated herein by reference (Property" ): WHEREAS, Grantee is a nonprofit corporation whose purpose is the conservation of property, and is qualified to be the Grantee of a conservation easement pursuant to N.C. Gen. Stat. § 121-35; WHEREAS, Grantor and Grantee recognize the conservation, scenic, natural, or aesthetic value of the property in its natural state. The purpose of this Conservation Easement is to maintain wetland and/or riparian resources and other natural values on a portion of the Property, consisting of approximately 7.633 acres- and being more particularly described in Exhibit B attached hereto and incorporated herein by reference (hereinafter referred to as the "Conservation Area"), and prevent the use or development of the Conservation Area for any purpose or in any manner that would conflict with the creation, restoration, or maintenance of the Conservation Area in accordance with this Conservation Easement. R96e43 165 2/14 NOW, THEREFORE, i'or and in consideration of the covenants and representations contained herein and for other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, Grantor hereby unconditionally and irrevocably grants and conveys unto Grantee, its heirs, successors and assigns, forever and in perpetuity a Conservation Easement of the nature and character and to the extent hereinafter set forth, along with a general right of access, over the Property described on Exhibit A, together with the right to preserve and protect the conservation values of the Conservation Area, as follows: The Conservation Area consists of the following: Tract described as the "Conservation Easement" containing a total of 7.633 acres as shown on the plats of survey entitled "Conservation Easement for Robert P. Nutter "Maple View Farms"' dated October 27, 2015 prepared by Christopher L. Cole PLS Number 188329A, attached hereto and made a part hereof as "Exhibit D". See attached "Exhibit B," Legal Description of area of the Property hereinafter referred to as the "Conservation Area" The purposes of this Conservation Easement are to maintain, restore, enhance, construct, create and preserve wetland and/or riparian resources in the Conservation Area that contribute to the protection and improvement of water quality, flood prevention, fisheries, aquatic habitat, wildlife habitat, and recreational opportunities: to maintain permanently the Conservation Area in its natural condition, consistent with these purposes; and to prevent any use of the Conservation Area that will significantly impair or interfere with these purposes. To achieve these purposes, the following conditions and restrictions are set forth: ARTICLE I DURATION OF EASEMENT Pursuant to law, including the above referenced statutes, this Conservation Easement and Right of Access shall be perpetual and it shall run with the Property, and be a continuing restriction upon the use of the Conservation Area, and it shall be enforceable by the Grantee against the Grantor and against Grantor's heirs, successors and assigns, personal representatives, agents, lessees, and licensees. ARTICLE II GRANTOR RESERVED USES AND RESTRICTED ACTIVITES The Conservation Area shall be restricted from any development or usage that would impair or interfere with the purposes of this Conservation Easement. Unless expressly reserved as a compatible use herein, any activity in, or use of, the Conservation Area by the Grantor is prohibited as inconsistent with the purposes of this Conservation Easement. Any rights not expressly reserved hereunder by the Grantor have been acquired by the Grantee. Any rights not expressly reserved hereunder by the Grantor, including the rights to all mitigation credits, including, but not limited to, stream, wetland, and riparian buffer mitigation units, derived from each site within the area of the Conservation Easement, are conveyed to and belong to the Grantee. Without limiting the generality of the foregoing, the following specific uses are prohibited, restricted, or reserved as indicated: R66043 166 3/14 A. Recreational Uses. Grantor expressly reserves the right to undeveloped recreational uses, including hiking, bird watching, hunting and fishing, and access to the Conservation Area for the purposes thereof. B. Motorized Vehicle Use. Motorized vehicle use in file Conservation Area is prohibited. C. Educational Uses. The Grantor reserves the right to engage in and permit others to engage in educational uses in the Conservation Area not inconsistent with this Conservation Easement, and the right of access to the Conservation Area for such purposes including organized educational activities such as site visits and observations. Educational uses of the Conservation Area shall not alter vegetation, hydrology or topography of the site. D. Vegetative Cutting. Except as related to the removal of non-native plants, diseased or damaged trees, or vegetation that destabilizes or renders unsafe the Conservation Area to persons or natural habitat, all cutting, removal, mowing, banning, or destruction of any trees and vegetation in the Conservation Area is prohibited. E. Industrial, Residential and Commercial Uses. All industrial, residential and commercial uses are prohibited in the Conservation Area. F. Agricultural Use. All agricultural uses are prohibited within the Conservation Area including any use for cropland, waste lagoons, or pastureland. G. New Construction. There shall be no building, facility, mobile home, antenna, utility pole, tower, or other structure constructed or placed in the Conservation Area. H. Roads and Trails. There shall be no construction of roads, trails, walkways, or paving in the Conservation Area. I. Signs. No signs shall be permitted in the Conservation Area except interpretive signs describing restoration activities and the conservation values of the Conservation Area, signs identifying the owner of the Property and the holder of the Conservation Easement, signs giving directions, or signs prescribing rules and regulations for the use of the Conservation Area. J. Dumping or Storing. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances, machinery, or any other material in the Conservation Area is prohibited. K. Grading, Mineral Use, Excavation, Dredging. There shall be no grading, filling, excavation, dredging, mining, drilling, removal of topsoil, sand, gravel, rock, peat, minerals, or other materials. L. Water Quality and Drainage Patterns. There shall be no diking, draining, dredging, channeling, filling, leveling, pumping, impounding or diverting, causing, allowing or permitting the diversion of surface or underground water in the Conservation Area. No altering or tampering with water control structures or devices, or disruption or alteration of the restored, enhanced, or created drainage patterns is allowed. All removal of wetlands, polluting or discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides in the Conservation Arca is prohibited. In the event of an emergency interruption or shortage of all other water sources, water from within the Conservation Area may temporarily be used for good cause shown as needed for the survival of livestock and agricultural production on the Property. M. Subdivision and Conveyance. Grantor voluntarily agrees that no subdivision, partitioning, or dividing of the underlying Property owned by the Grantor in fee simple ("fee") that is subject to this RB6043 167 4/14 Easement is allowed. Unless agreed to by the Grantee in writing, any future conveyance of the underlying fee and the rights conveyed herein shall be as a single block of property. Any future transfer of the fee simple shall be subject to this Conservation Easement. Any transfer of the fee is subject to the Grantee's right of unlimited and repeated ingress and egress over and across the Property to the Conservation Area for the purposes see forth herein. N. Development Rights. All development rights are permanently removed from the Conservation Area and are non-transferrable. O. Disturbance of Natural Features. Any change, disturbance, alteration or impairment of the natural features of the Conservation Area or any intentional introduction of non-native plants, trees and/or animal species by Grantor is prohibited. The Grantor may request permission to vary from the above restrictions for good cause shown, provided that any such request is not inconsistent with the purposes of this Conservation Easement, and the Grantor obtains advance written approval from the N.C. Ecosystem Frihancement Program, whose mailing address is 1652 Mail Services Center, Raleigh, NC 27699-1652. ARTICLE III GRANTEE RESERVED USES A. Right of Access, Construction, and Inspection. The Grantee, its employees and agents, successors and assigns, receive a perpetual Right of Access to the Conservation Area over the Property at reasonable times to undertake any activities to restore, construct, manage, maintain, enhance. and monitor the stream, wetland and any other riparian resources in the Conservation Area, in accordance with restoration activities or a long-term management plan. Unless otherwise specifically set forth in this Conservation Easement, the rights granted herein do not include or establish for the public any access rights. B. Restoration Activities. These activities include planting of trees, shrubs and herbaceous vegetation, installation of monitoring wells, utilization of heavy equipment to grade, fill, and prepare the soil, modification of the hydrology of the site, and installation of natural and manmade materials as needed to direct in -stream, above ground, and subterraneous water flow. C. Signs. The Grantee, its employees and agents, successors or assigns, shall be permitted to place signs and witness posts on the Property to include any or all of the following: describe the project, prohibited activities within the Conservation Easement, or identify the project boundaries and the holder of the Conservation Easement. D. Fences. The Grantee, its employees and agents, successors or assigns, shall be permitted to place fencing on the Property to restrict livestock access. Although the Grantee is not responsible for fence maintenance, the Grantee reserves the right to repair the fence, at its sole discretion. ARTICLE IV ENFORCEMENT AND REMEDIES A. Enforcement. To accomplish the purposes of this Conservation Easement, Grantee is allowed to prevent any activity within the Conservation Area that is inconsistent with the purposes of this Easement and to require the restoration of such areas or features in the Conservation Area that may have been 2 R86043 1A 5114 damaged by such unauthorized activity or use. Upon any breach of the terms of this Conservation Easement by Grantor, the Grantee shall, except as provided below, notify the Grantor -in writing of such breach and the Grantor shall have ninety (90) days after receipt of such notice to correct the damage caused by such breach, if the breach and damage remains uncured after ninety (90) days, the Grantee may enforce this Conservation Easement by bringing appropriate legal proceedings including an action to recover damages, as well as injunctive and other relief. The Grantee shall also have the power and authority, consistent with its statutory authority: (a) to prevent any impairment of the Conservation Area by acts which may be unlawful or in violation of this Conservation Easement; (b) to otherwise preserve or protect its interest in the Property; or (c) to seek damages from any appropriate person or entity. Notwithstanding the foregoing, the Grantee reserves the immediate right, without notice, to obtain a temporary restraining order, injunctive or other appropriate relief, if the breach is or would irreversibly or otherwise materially impair the benefits to be derived from this Conservation Easement, and the. Grantor and Grantee acknowledge that the damage would be irreparable and remedies at law inadequate. The rights and remedies of the Grantee provided hereunder shall be in addition to, and not in lieu of. all other rights and remedies available to Grantee in connection with this Conservation Easement. B. Inspection. The Grantee, its employees and agents, successors and assigns, have the right, with reasonable notice, to enter the Conservation Area over the Property at reasonable times for the purpose of inspection to determine whether the Grantor is complying with the terms, conditions and restrictions of this Conservation Easement. C. Acts Beyond Grantor's Control. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury or change in the Conservation Area caused by third parties, resulting from causes beyond the Grantor's control, including without limitation, fire, flood, storm, and earth movement, or from any prudent action taken in good faith by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to life; or damage to the Property resulting from such causes. D. Costs of Enforcement. Beyond regular and typical monitoring expenses, any costs incurred by Grantee in enforcing the terms of this Conservation Easement against Grantor, including, without limitation, any costs of restoration necessitated by Grantor's acts or omissions in violation of the terms of this Conservation Easement, shall be borne by Grantor. E. No Waiver. Enforcement of this Easement shall be at the discretion of the Grantee and any forbearance, delay or omission by Grantee to exercise its rights hereunder in the event of any breach of any term set forth herein shall not be construed to be a waiver by Grantee. ARTICLE V MISCELLANEOUS A. This instrument sets forth the entire agreement of the parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations, understandings or agreements relating to the Conservation Easement. If any provision is found to be invalid, the remainder of the provisions of the Conservation Easement, and the application of such provision to persons or circumstances other than those as to which it is found to be invalid, shall not be affected thereby. B. Grantor is responsible for any real estate taxes, assessments, fees, or charges levied upon the Property. Grantee shall not be responsible for any costs or liability of any kind related to the ownership, operation, insurance, upkeep, or maintenance of the Property, except as expressly provided herein. Upkeep of any constructed bridges, fences, or other amenities on the Property are the sole responsibility RB6043 6114 of the Grantor. Nothing herein shall relieve the Grantor of the obligation to comply with federal, state or local laws, regulations and permits that may apply to the exercise of the Reserved Rights. C. Any notices shall be sent by registered or certified mail. return receipt requested to the parties at their addresses shown herein or to other addresses as either party establishes in writing upon notification to the other. D. Grantor shall notify Grantee in writing of the name and address and any party to whom the Property or any part thereof is to be transferred at or prior to the time said transfer is made. Grantor further agrees that any subsequent lease, deed, or other legal instrument by which any interest in the Property is conveyed subject to the Conservation Easement herein created. E. The Grantor and Grantee agree that the terms of this Conservation Easement shall survive any merger of the fee and easement interests in the Property or any portion thereof. F. This Conservation Easement and Right of Access may be amended, but only in writing signed by all parties hereto, or their successors or assigns, if such amendment does not affect the qualification of this Conservation Easement or the status of the Grantee under any applicable laws, and is consistent with the purposes of the Conservation Easement. The owner of the Property shall notify the U.S. Army Corps of Engineers in writing sixty (60) days prior to the initiation of any transfer of all or any part of the Property. Such notification shall be addressed to: Justin McCorkle, General Counsel, US Army Corps of Engineers, 69 Darlington Avenue, Wilmington, NC 28403 G. The parties recognize and agree that the benefits of this Conservation Easement are in gross and assignable provided, however, that the Grantee hereby covenants and agrees, that in the event it transfers or assigns this Conservation Easement, the organization receiving the interest will be a qualified holder under N.C. Gen. Stat. § 121-34 et seq. and § 170(h) of the Internal Revenue Code, and the Grantee further covenants and agrees that the terms of the transfer or assignment will be such that the transferee or assignee will be required to continue in perpetuity the conservation purposes described in this document. QUIET ARTICLE VI F,NT Il gi60'i4iI117I07/14 t1t Nt1I1�IlIIIIII�III�I�III�tII Grantor reserves all remaining rights accruing from ownership of the Property, including the right to engage in or permit or invite others to engage in only those uses of the Conservation Area that are expressly reserved herein, not prohibited or restricted herein, and are not inconsistent with the purposes of this Conservation Easement. Without limiting the generality of the foregoing, the Grantor expressly reserves to the Grantor, and the Grantor's invitees and licensees, the right of access to the Conservation Area, and the right of quiet enjoyment of the Conservation Area TO HAVE AND TO HOLD, the said rights and easements perpetually unto the Grantee for the aforesaid purposes. AND Grantor covenants that Grantor is seized of said premises in fee and has the right to convey the permanent Conservation Easement herein granted; that the same is free from encumbrances and that Grantor will warrant and defend title to the same against the claims of all persons whomsoever. IN TESTIMONY WHEREOF, the Grantor has caused this instrument to be signed in its name by its Manager as its duly authorized act, the day and year first above written. GRANTOR: NUTTER FARMS, LLC, a North Carolina limited liability company By:�• �i(�e J (SEAL) amR C. NUTTER Title: MANAGER NORTH CAROLINA COUNTY OF ORANGE aL Dpi , , a Notary Public in and for the County and State aforesaid, do hereby certify that ROGER C. NUTTER, personally appeared before me this day and acknowledged the due execution of the foregoing instrument in his capacity as Manager of Nutter Farms, LLC, a North Carolina limited liability company, as the official act of the said Nutter Farms, LLC. IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the 19 day of NOtt4.�nr�zJxJ , 2015. tpZ�e0, Notary Public g 1 , i as NOTARY P v print or type name of Notary Publics;y, PUBLIC 2 a< s2 ?CF COU�XAc' My commission expires: Exhibit A 11111111111111111 RB6043 171 8114 Description/Depiction of Property ALL OF THAT CER'T'AIN PARCEL OF LAND, LYING AND BEING SITUATED IN THE TOWNSHIP OF BINGHAM, COUNTY OF ORANGE, STATE OF NORTH CAROLINA, BEING COMPRISED OF THREE TRACTS, CONTAINING IN AGGREGATE 229.274 ACRES (9,987,169 SO FT.), MORE OR LESS, AS SHOWN ON THAT PLAT ENTITLED "CONSERVATION EASEMENT FOR ROBERT P. NUT'T'ER "MAPLE VIEW FARMS", PREPARED BY CHRISTOPER L. COLE, NCPLS, DATED OCTOBER 27, 2015, BEARING WSP PROJECT NUMBER 1188329A, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: (ALL DISTANCES ARE HORIZONTAL. GROUND DISTANCES UNLESS NOTED OTHERWISE.) COMMENCING AT A SET 94 REBAR, THE POINT AND PLACE OF BEGINNING, SAID RI --.'BAR BEING THE SOUTHEAST CORNER OF (NOW OR FORMERLY) AMY WADDELL DB 1422 PG 515 AND HAVING COORDINATES ON THE NORTH CAROLINA STATE PLANE COORDINATE SYSTEM (NAD83/201 l) 01= NORTHING: 808,804.34, EASTING: 1,954,360.45, AND AN AVERAGE COMBINED FACTOR OF: 0.999842615: THENCE FROM THE POINT AND PLACE OF BEGINNING, N20 39' 01"E 672.28' (PASSING THROUGH A PUBLIC GAS RIGHT OF WAY AT 18.86' AND AGAIN AT 72.29') TO A COMPUTED POINT IN THE CENTERLINE OF SR -1104, DAIRYLAND ROAD; THENCE ALONG SAID CENTERLINE OF ROAD THE FOLLOWING (14) CALLS: (1) N64° 07' 41 "E 115.38- TO A COMPUTED POINT, (2) N64° 317'23"E 135.55' TO A COMPUTED POINT, (3) N65° 02'39"E 457.09' 1'0 A SET PK NAIL, (4) THENCE 378.10' ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 3440.97' AND A CHORD BEARING AND DISTANCE. OF N68° 13'40"E 377.91' TO A COMPUTED POINT, (5) N71- 15'03"E 160.53' TO A COMPUTED POINT, (6) THENCE 470:25' ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 1818.83' AND A CHORD BEARING AND DISTANCE OF N660 27'24"E 468.94' TO A COMPUTED POINT, (7) N59° 26 58"I: 752.02' 1'O A COMPUTED POINT (8) N59° -)9'3-)"E 420.77' TO A COMPUTED POINT (9) THENCE 953.34' ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 950.00' AND A CHORD BEARING AND DISTANCE OF N860 51' 31 "E 913.84' TO A COMPUTED POINT (10) S67° I I' IT -E 679.65' TO A COMPUTED POINT, (11) TI IENCE 218.00' ALONG THE ARC OF A CURVE TO THE RIGHT, IIAVING A RADIUS OF 1326.84' AND A CHORD BEARING AND DISTANCE OF S630 57'39"E 217.76'1'0 A COMPUTED POINT, (12) THENCE 415.47' ALONG THE ARC OF A CURVE TO THE RIGHT, I LAVING A RADIUS OF 741.95' AND A CHORD BEARING AND DISTANCE OF 5400 18' 18"E 410.06'4'0 A COMPUTED POINT, (13) THENCE 218.24' ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 880.68' AND A CHORD BEARING AND DISTANCE OF S150 43'40"E 217.68' TO A COMPUTED POINT, (14) S9° 26' 35"E 421.07' TO A COMPUTED POINT, THENCE LEAVING THE AFOREMENTIONED ROAD AND RUNNING WITH THE NORTHERN PROPERTY LINE OF (NOW OR FORMERLY) ROGER NUTTER DB 3671 PG 380 N80° 29' 40"W 541.97' (PASSING RB6043 172 9114 THROUGH A FOUND I" IRON PIPE AT 418.34') TO A FOUND I" IRON PIPE, THENCE CONTINUING WITH THE NORTHERN LINE S890 42' 43"W 258.45' TO A SET #4 REBAR BEING THE NORTHWEST CORNER OF THE AFOREMENTIONED, THENCE WITH THE WESTERN LINE OF THE AFOREMENTIONED SO° 27'59"E 163.00' TO A FOUND 1" IRON PIPE AND BEING THE MOST NORTHERN POINTIN (NOW OR FORMERLY) THOMAS & PATRICIA GRIGGS DB 255 PG 1990 AND RUNNING WITH THEIR WESTERN LINE S60 08' 15"W 443.61' TO A FOUND ANGLE IRON BEING 1N THE WESTERN LINE OF THE AFOREMENTIONED AND ALSO A POINT 1N THE NORTHERN LINE. OF (NOW OR FORMERLY) THOMAS & PATRICIA GRIGGS DB 1295 PG 582 AND BEING LOCATED N21034'21"E 154.67' FROM A FOUND 44 REBAR, THENCE FROM THE ANGLE IRON AND RUNNING WITH THE NORTHERN LINE OF THE AFOREMENTIONED 5900 54' 20"W 1150.45' TO A FOUND '/" IRON PIPE BEING THE NORTHWEST CORNER OF THE AFOREMENTIONED, THENCE CONTINUING 5260 58' 46"E 215.50' 'TO A FOUND I" IRON PIPE AND BEING THE MOST NORTHEASTERN CORNER OF (NOW OR FORMERLY) THOMAS AND PATRICIA GRIGGS DB 5225 PG 554 AND RUNNING WITH THEIR LINE S890 57' 53"W 991.00' TO A FOUND I" IRON PIPE (PASSING BY AN EASEMENT REFERENCED N PB 57 PG 68 AT 604.51' AND AGAIN AT 892.697) AND BEING THE NORTHWEST CORNER OF THE AFOREMENTIONED, THENCE RUNNING WITH THE WESTERN LINE OF THE AFOREMENTIONED SO° 26' 57E 1076.42' "I'O A FOUND I" IRON PIPE (CROSSING THROUGH A PUBLIC GAS RIGHT OF WAY AT 535.32' AND AGAIN AT 587.49') SAID PIPE BEING N THE WESTERN LINE OF THE AFOREMENTIONED AND BEING THE NORTHWEST CORNER OF (NOW OR FORMERLY) THOMAS & PATRICIA GRIGGS DB 5776 PG 488 TRACT -A AND RUNNING W1TL1 THEIR LINE S890 57'38"W 203.67' TO A FOUND '/'l IRON PIPE AND CONTINUING WITH THEIR LINE S870 34'17"W 1836.30' TO A FOUND 3/a" IRON PIPE AND NAIL SHOT AT THE BASE (PASSING BY A FOUND 3/d' IRON PIPE AT 873.62' AND BEING 0.40' SOUTH OF THE PROPERTY LINE) SAID PIPE BEING THE NORTHWEST CORNER OF THE AFOREMENTIONED, THENCE WITH THE WESTERN LINE OF THE AFOREMENTIONED SIO 09' 06"E 478.43' TO A CALCULATED POINT (PASSING BY A FOUND #4 REBAR AT 207.18' AND BEING 4.20' WEST OF THE PROPERTY LINE) THENCE WITH THE NORTHERN LINE OF (NOW OR FORMERLY) THOMAS CHRISTENSEN DB 5575 PG 348 N810 31' 49"W 475.31' TO A FOUND STONE PILE (PASSING THROUGH A FOUND I" IRON PIPE AT 292.93') AND BEING A POINT IN THE NORTHERN LINE OF THE AFOREMEN'T'IONED AND THE SOUTHEAST CORNER OF (NOW OR FORMERLY) KEITI I TROLLINGER DB 1422 PG 1996, THENCE LEAVING SAID LINE AND RUNNING WITH TITE EASTERN LINES OF (NOW OR FORMERLY) KEITH WILLIAM TROLLINGER DB 1422 PG 1996 AND (NOW OR FORMERLY) CALVIN MELLOT"I' DB 231 PG 44 N1° 56'37"E 1764.82' TO A FOUND 1" SQUARE IRON, SAID CORNER BEING THE NORTHEASTERN CORNER OF THE MELLOTT TRACT AND ALSO BEING IN THE SOUTHERN LINE OF (NOW OR FORMERLY) AMY WADDELL DB 1422 PG 515 AND RUNNING WITH HER LINE S880 53' O5"F. 555.57' TO THE POINT AND PLACE OF BEGINNING. SOURCE OF TITLE: DB 5707 PG 75; DB 194 PG 652 (TRACT F, TRACT D AND TRACT E) PIN NUMBER: 9850-58-0672 Exhibit (I�tliISIIlIi918tl§lA��tll'IIIIIIIII��IIIII11III RB6043 173 10114 Description/Depiction of Conservation Area ALI, OF THAT CERTAIN PARCEL OF LAND, LYING AND BEING SITUATED IN THE TOWNSHIP OF BINGHAM, COUNTY OF ORANGE, STATE OF NORTH CAROLINA. BEING COMPRISED OF THREE TRACTS, CONTAINING IN AGGREGATE 7.663 ACRES (333,778 SO FT.), MORE OR LESS, AS SHOWN ON THAT PLAT ENTITLED "CONSF,RVATION EASEMENT FOR ROBERT P. NUTTER "MAPLE VIEW FARMS", PREPARED BY CIIRISTOPER L. COLE, NCPLS, DATED 'BEARING WSP PROJECT NUMBER 1188329A, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: (ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES UNLESS NOTED OTHERWISE.) COMMENCING AT A SET#4 REBAR AND CAP, THE POINT AND PLACE OF BEGINNING, AND BEING ON THE NORTHERN "FOP OF BANK OF MORGAN CREEK, SAID POINT ALSO BEING LOCATED N830 34'27"E 1478.94' FROM A SET 44 REBAR, SAID REBAR BEING THE POINT OF BEGINNING OF THE PLAT MENTIONED ABOVE AND ALSO HAVING COORDINATES ON THE NORTH CAROLINA STATE PLANE COORDINATE SYSTEM (NAD83/2011) OF N: 808,804.34 E: 1,954,360.45, THENCE FROM THE POINT AND PLACE OF BEGINNING, N230 32' 46"E 128.99' TO A SET 44 REBAR AND CAP BEING AT THE SOUTHERN EDGE OF AN EXISTING GRAVEL ROAD: THENCE N750 04' 53"E 141.40' CROSSING AND RUNNING ALONGSIDE THE NORTHERN EDGE OF THE SAID GRAVEL ROAD TO A SET 44 REBAR AND CAP BEING 5' NORTH OF THE ROAD; THENCE S710 59'06"E 60.39' CROSSING TO THE SOUTH SIDE OF THE SAME ROAD TO A SET 44 REBAR AND CAP; THENCE N890 48' 54"E 53.85' TO A SET #4 REBAR AND CAP; THENCE N90 28' 50"E 57.00' CROSSING BACK TO THE NORTH SIDE OF 'rnE SAID ROAD AND RUNNING ALONGSIDE THE NORTH EDGE AN AVERAGE DISTANCE, OF 8' NORTH OF THE EDGE N720 32' 25"E 499.97' (PASSING THROUGH A SET 94 REBAR AT 252.74') TO A SET 44 REBAR AND CAP; THENCE N680 21'02"E 77.11' TO A SET 94 REBAR AND CAP; THENCE N340 43' 13"E 88.80' TO A SET #4 REBAR AND CAP; THENCE: S890 33'51 "E 89.56' TO A SET 94 REBAR AND CAP: THENCE N880 06'06"E 105.64' (CROSSING THE CENTERLINE OF A STREAM AT 41.60') TO A SET 44 REBAR AND CAP; THENCE S620 17' 45"E 129.28' TO A SET 94 REBAR AND CAP; THENCE S12019' 17"F. 48.28' TOA SET #4 REBAR AND CAP: 'THENCE S880 24' 43"E 29.31' TOA SET 44 REBAR AND CAP; THENCE N560 54' 39"E 50.95' TO A SET #4 REBAR AND CAP; THENCE NO0 59' 1 I "W 81.89' TO A SET #4 REBAR AND CAP; THENCE, N89° 31'38"E 201.25" TO A SET #4 REBAR AND CAP ON TIME WESTERN TOP OF BANK: THENCE FOLLOWING THE WESTERN AND NORTHERN TOP OF BANK OF MORGANS CREEK THE FOLLOWING FIFTY-FOUR (54) CALLS: ( I ) S50 54' 52"W 21.64' (2) S320 28'27"E 21.71' (3) S00 39' 24"W 52.35' (4) SI 0- 20' 25"W 46.14' (5) S310 38' 16"W 1119' (6) S 170 57' 14"W 72.04' (7) 5250 3609"W 43.19' (8) N540 25'26"W 29.64' Im (9) 5560 54'39"W 25.28' (10) 100 23' 03"E 13.74' (1 1) S450 04'30"E 11.56' (12) S290 28' 18"W 31.92' (13) S190 08'39"E 14.39' (14) S35° 27'40"W 27.71' (15) S50 09' I7"W 9.33' (16) S46° 13' 17W 2231 (17) S730 22' 16"W 23.47' (18) S310 23' 22"W 10.96' (19) N64° 01'42"W 23.32' (20) N660 25'45"W 26.53' (21) 5890 42'25"W 20.86' (22) S60° 58'06"W 34.34' (23) S140 07' 15"W 38.27- (24) S490 25'02"W 16.47- (25) N460 37' 10"W 55.92' (26) N520 05' 19"W 48.92' (27) NI00 18'37"W 66.39' (28) N370 10' 17"W 84.73' (29) N210 06'25"W 24.93' (30) S820 03' 12"W 66.80- (3 1) N89- 33' 6.80'(31)N89033' 51"W 55.91- (32) 5530 I S'5 I "W 125.24' (33) S690 03'04"W 79.82' (34) N620 01'35"W 44.85' (35) N810 52'55"W 53.29' (36) S730 10' 48"W 64.96' (37) N770 41' 15"W 45.58' (38) N590 34'42"W 26.42' (39) 5810 43'5 1 "W 26.67' (40) S460 -)2'44"W 37.80' (41) S60 20'49"W 79.31' (42) 5100 56' 27E 70.12' (43) S260 20'47"W 45.09' (44) S52° 17' 17"W 96.29' (45) N840 36'47"W 41.29' (46) N700 13' 14"W 44.62' (47) N61- 36'37"W 18.23' (48) N780 14'50"W 23.13' (49) N71° 44' 10"W 26.07' (50) S87° 56' 19"W 45.03' (5 1) N730 58' 4211W 54.14' (52) N71 ° 10' 38"W 110.62' (53) S800 09'32"W 27.61' RB6043 174 11114 (54) N62° 41'28"W 41.69' TO A SET 94 REBAR, THE POINT AND PLACE OF BEGINNING SOURCE OF TITLE: DB 5707 PG 75; DB 194 PG 652 (TRACT F) 1111111111111111111 RB6043 175 12/14 PIN NUMBER: 9850-58-0672 Exhibit C 1111 11110111R86043 176 13114 Description/Depiction of Ingress -Egress -Regress Easement ALI, OF THAT CERTAIN PARCEL OF LAND, LYING AND BEING SITUATED IN THE TOWNSHIP OF BINGHAM, COUNTY OF ORANGE, STATE OF NORTH CAROLINA, BEING COMPRISED OF THREE TRACTS, CONTAINING IN AGGREGATE 0.858 ACRES (37,366 SQ FTJ, MORE OR LESS, AS SHOWN ON THAT PLAT ENTITLED "CONSERVATION EASEMENT FOR ROBERT' P. NUTTER "MAPLE VIEW FARMS", PREPARED BY CHRISTOPE,R L. COLE, NCPLS, DATED , BEARING WSP PROJECT NUMBER 1188329A, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: (ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES UNLESS NOTED OTHERWISE.) COMMENCING AT A COMPUTED POINT, THE POINT AND PLACE OF BEGINNING, SAID POINT BEING THE NORTHWEST CORNER OF THE EASEMENT DESCRIBED HEREIN AND ALSO BEING LOCATED N750 31'33"E 404.17' FROM A PK NAIL, SET IN DAIRYLAND ROAD (SR -1104), THENCE FROM THE POINT AND PLACE OF BEGINNING, THENCE N71° 15'03"E 30.17' TO A POINT; THENCE S12° 37'52"E 88.88' TO A POINT; THENCE S18° 52'50"E 181.86' TO A POINT; THENCE S23° 49' 04"E 105.28' TO A POINT; THENCE S2 0P 51"E 52.06' TO A POINT; THENCE S24° 59'33)"E 79.99' TO A POINT; THENCE S28° 29'08"L 102.04' TO A POINT: THENCE S330 10'42"E 126.56' TO A POINT: THENCE S39° 16'27"E 74.98' TO A POINT; THENCE S520 12'41"E 76.62' TO A POINT; THENCE N75° 04'53"E 164.73' TO A POINT; THENCE S140 55'07"E 30.00' TO A 44 RE13AR IN TILE NORTHERN LINE OI" A CONSERVATION EASEMI?NT AS REFERENCED ABOVE AND RUNNING WITH A COMMON BORDER FOR THE FOLLOWING TWO (2) CALLS; (1) S75° 04'53"W 141.40' TO A SET #4 REBAR; (2) S23° 32' 46"W 128.99' TO A #4 REBAR ON THE NORTHERN TOP OF BANK OF MORGANS CREEK; THENCE LEAVING THE SAID EASEMENT AND CROSSING THE CREEK S23° 32' 58"W 187.25' TO A POINT IN THE NORTHERN LINE OF AN EXISTING EASEMENT PB 57 PG 68 (AND CROSSING OVER AN EXISTING CONSERVATION EASEMENT (PB 88 PG 83) AT 37.59'); THENCE RUNNING WITH THE NORTHERN LINE OF THE EASEMENT REFERENCED IN PB 57 PG 68 N780 01'05"W 10.21' TO A POINT; THENCE LF,AVING THE SAID LINE N230 32' 49"E 229.97 (CROSSING THE SAME CONSERVATION EASEMENT REFERENCED IN PB 88 PG 83) TO A POINT; THENCE 15453' ALONG THE ARC OFA CURVE TO THE LEFT HAVING A RADIUS OF 159.53' AND A CHORD BEARING AND DISTANCE OF N280 17' 21 "W 142.24' TO A POINT; THENCE. N390 16' 49"W 80.01' TO A POINT; THENCE N33° 10' 42"W 12939' TO A POINT: THENCE N280 29' 08"W 104.19' TO A POINT; THENCE N24° 59' 33"W 81.94' TO A POINT: THENCE N210 01' 51"W 52.37' TO A POINT; THENCE N23° 49' 04"W 105.84' TO A POINT; THENCE N180 52'50"W 184.79' TO A POINT N120 37'52"W 87.31' TO A POINT; TO THE POINT AND PLACE OF BEGINNING. SOURCE OF TITLE: DB 5707 PG 75; DB 194 PG 652 (TRACTF) PIN NUMBER: 9850-58-0672 13 Exhibit D 1I11RIIMITIIIIIIIIIIIIIIII�III�IIIIIII RB6043 177 14174 Survey For survey of the Conservation Area and Access Easement, see the survey recorded in Plat Book page 3tL, Orange County Registry. 14 CERTIFICATE OF SURVEY AND ACCURACY I, CHRISTOPHER L COLE, CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION (DEED DESCRIPTION RECORDED IN (REFERENCES AS SHOWN); THAT THE BOUNDARIES NOT SURVEYED ARE CLEARLY INDICATED AS DRAWN FROM INFORMATION FOUND IN (REFERENCES AS SHOWN); THAT THE RATIO OF PRECISION AS CALCULATED EXCEEDS 1:15,000; AND THAT THIS MAP MEETS THE REQUIREMENTS OF THE STANDARDS OF PRACTICE FOR LAND SURVEYING IN NORTH CAROLINA (21 NCAC 56.1600); THAT THE GLOBAL POSITIONING SYSTEM (GPS) SURVEY AND THE FOLLOWING INFORMATION WAS USED TO PERFORM THE GPS (GNSS) SURVEY: CLASS OF SURVEY: A POSITIONAL ACCURACY: DOES NOT EXCEED 0.07 FEET TYPE OF GPS FIELD PROCEDURE: RTK VRS DATE OF SURVEY: 11-20-2015 DATUM/EPOCH: NAD83(2011) GEOID MODEL: GEOID12A COMBINED GRID FACTOR: CGF = 0.9998522730 UNITS: US SURVEY FEET THAT THE SURVEY IS OF AN EXISTING PARCEL OR PARCELS OF LAND AND DOES NOT CREATE A NEW STREET OR CHANGE AN EXISTING STREET. WITNESS MY ORIGINAL SIGNATURE, REGISTRATION NUMBER AND SEAL THIS 6TH DAY OF MAY, A.D., 2014. CHRISTOPHER L. COLE REGISTRATION/LICENSE NO. NCPLS L-5008 NOW OR FORMERLY WILLIAM NOLAND PIN 9850-39-5287 DB 5166 PG 478 r 1" SQUARE IRON (FOUND) S89'25'26"E 2101.53' (GROUND) PK NAIL 2101.20' (GRID) (FOUND) (TIE) AT INTERSECTION OF DAIRYLAND ROAD AND DODSONS CROSSROADS NOW OR FORMERLY CALVIN MELLOTT PIN 9850-38-4424 DB 231 PG 44 N cr W NOW OR FORMERLY KEITH WILLIAM TROLLINGER PIN 9850-27-7902 DB 1422 PG 1996 SPL T_STONE N (FOUND) J� �o �ry, JPO, pry. ,tib �o NCGS "DODSON" N: 805720.86 E: 1952781.04 NAD83/2011 \ TO INVESTORS TITLE INSURANCE COMPANY; TRIANGLE LAND CONSERVANCY; WILLIAMS ANDERSON RYAN & CARROLL LLP AND CHESHIRE & PARKER THIS IS TO CERTIFY THAT THIS MAP OR PLAT AND THE SURVEY ON WHICH IT IS BASED WERE MADE IN ACCORDANCE WITH THE "2016 MINIMUM STANDARD DETAIL REQUIREMENTS FOR ALTA/ACSM LAND TITLE SURVEYS," JOINTLY ESTABLISHED AND ADOPTED BY ALTA AND NSPS, AND INCLUDES THE FOLLOWING ITEMS IN TABLE A THEREOF: 1, 2, 3, 4, 6(A)(B), 8, 9, 11, 13, 16, 19, CHRISTOPHER L. COLE REGISTRATION/LICENSE NO. NCPLS L-5008 NOW OR FORMERLY PAUL & TERRY MITALAS PIN 9851-40-6548 \ DB 5869 PG 64 PB 76 PG 1988 \ NOW OR FORMERLY LUELLA SIMOPOULOS NOW OR FORMERLY PIN 9851-50-0440 DB 1856 PG 533 TOM CHARLES BUSH PB 76 PG 198 PIN 9851-40-6202 DB 3391 PG 154 PB 76 PG 198 PRELIMINARY MAP NOT FOR RECORDING, SALES, OR CONVEYANCE / I J 0_ I NOW OR FORMERLY MAPLE VIEW II HOMEOWNERS ASOC. INC. PIN 9851-50-2883 DB 4803 PG 262 PB 76 PG 198 PL J LEGEND #4 REBAR SET (CONSERVATION EASEMENT) p CALCULATED POINT EP EDGE OF PAVEMENT I L PROPERTY LINE (SURVEYED) y� J�vQ -P L- PROPERTY LINE (NOT SURVEYED) Cb RW- RIGHT OF WAY �<v�c�o�Q� TREE LINE / -RW / �C7 \ \ CONSERVATION EASEMENT AREA Q P Rw\ \ NOW OR FORMERLY NUTTER FAMILY uMTTED \ PARTNERSHIP III PIN 9851-81-3392 / NOW OR FORMERLY �D �s� QA�F I 00 D PB 185 PG 58 03 PC 8 NUTTER FAMILY PARiNMERSHIP III �5g�9�1� �I ° c�ggo qQ 6,9 6S PIN 9850-58-0672 DB 5707 Pc 75 d3 04 r�04 /CoNOW OR FORMERLY 2s / i 0 \� NUTTER FARMS, LLC S8� V PIN 9850-58-0672 � O DB 5707 PG 75 \ Q m HOME SITE "A" �i (DB 194 PG 652 C8 TRACT D) .T1b m o IF15 L, \ Lu mQ RSO �`' �I� �N � No U, NOW OR RLLC ¢ z M U PIN 9850-58-0672 DB 57077 PC PG 7 75 \ C' �ro0 o I o o o (DB 194 PG 652 TRACT E) n O X36 / I 001 o0 U) v� NOW OR FORMERLY NOW OR FORMERLY / / �p417 N NUTTER FARMS, LLC / SUSAN HERSH d: PIN 98507 PC 7 72 MONTE MCDERMED 575°3133 W (�E) DB 5707 PG 75 PIN 9850-49-5810 REBAR SET194 DB 5386 PG 509 PK NAIL POINT OF (DB TRACT F) 652 ) -(SET) LBEEGIN ING r�\ AREA AL y \rN DESCRIPTION 'INGRESS 0 37858 S.F. �5� ? EGRESS/REGRESS va 0.858 A.0 / / o EASEMENT' o o m E.1955 23.3 Q� RW MONUMENT R��� �k8go �, � � E:1955423.38 / FOUND 10 RW MONUMENT (BROKEN) "� J� s L27 L80 FOUND / 10.83' SOUTH OF R/W LINEC)\ 200 FE=' ✓-�-�/ 1-26 N ��iS <' (jOSP� 4g99I 22 N I ct .l, 5.E 241 o� /, X2322 L108 r> / 9 cp SRS p�gB�9 `S� '° 4p r- `� N 2 "I 4 1o'I �,� L109 !� 0 W SOR����ASA� /L9� �'S <9�' �o.- C� 25 8000 3 L104 SOF 0P ,� n g L702 110 47 106 Q lit AS F c �S2R ,p #4 REBAR SET '' C S ATI N Z70� OSL NOW OR FORMERLY '� OAR, '60 BEGINNING n, L25 X6' POINT OF 429 L78 EASEMENT � _ 333,778 S.F. rn LEGAL AMY WADDELL iy 6� i < PIN 9850-39-9032 O 8y, DESCRIPTION Z N 63 AC DB 1422 PG 515 0 l o x "CONSERVATION N N Q o r z co 6u EASEMENT o•� /1Fk/S//VC I s9 E195582 888 �8S -'o- e&C/C / C SO, io L53ls� (TIE) 1478.94'�y' `6g to L86 C 83 pGS /Pjtt \ M �g0 d JN CSS 15g�83 34'27"W L69 �4j2 L� 73� L8 9 g� S6 R kg L5 �� S \M 464 L65 L66 6� 4�g �,S 8 L89 Cyt 2 Cg3 �Q �� d� w� \R�' R j0 `� L58 C. C2 ����L76L?, <3j 94 0Gt'�' (TOTAL) 1/2"IRON PIPE S88°53'05"E 555.57' // 4 56.30' �o`� S89.52'17"W 1093.30' (FOUND) PL / DAS y 460 L67 62 C3 1/2"IRON PIPE 191.7 DB 5707 PG 75 (PARCEL -C) 901.59' #4 REBAR -p 0 N� PS 71va / 21' RW�UND) NOW OR FORMERLY N, (SET) 00 �5 d CONS ERV O 8 ai �� 78°07.0 (TOTAL NUTTER FARMS. LLC 6. NS POINT OF 00 q EAS AT7p 5"E ) PIN 9850-68-1310 c5 6bR BEGINNING FROM SOLENT 20' N RW I 952.53• DB 4087 PG 201 Q S6„ LEGAL �� c$y SOL, C N78•° 8g6.03' DB 935 PG 21 �. �S �L DESCRIPTION �ij G Off, BAND REEK t'O5" DB 5707 PG 75 a 8� �0111 'TOTAL' Nti c��� � �e ��P�� �°���� 70 W 670. e�R W ( ) F tiS ,9 Alm, N: 808804.34 Q0 ASF ��� G RW PARCEL C p�gc8 E:1954360. GoS�J�1"IRON PL 604.51' OATT° 3 �� t P ep 1� PIPE 98.31' 288.18' r0ry Roti N, �� F�o� ' (FOUND) S8991700' W S ggNjr \ �g �o (TOTAL) DETAIL "A" 1'=50' NOTE: L38 IS THE BEARING AND DISTANCE FROM THE CALCULATED POINT TO THE PROPERTY LINE INTERSECTION, NOT THE 1/2" IRON ROD. NOW OR FORMERLY THOMAS CHRISTENSEN 200 0 100 PIN 9850-36-8790 DB 5575 PG 348 NOW OR FORMERLY NUTTER FARMS, LLC PIN 9850-58-0672 DB 5707 PG 75 (DB 194 PG 652 TRACT F) (TOTAL) S87 -34'17"W 1836.30' PL 873.62' PL 3/4" IRON PIPE NOW OR FORMERLY 0.40' SOUTH THOMAS & PATRICIA OF PROPERTY GRIGGS LINE PIN 9850-57-2232 (FOUND) DB 5776 PG 488 PB 112 PG 146 (TRACT A) -PL- GRAPHIC SCALE 200 400 ( IN FEET ) 1 inch = 200 ft. NOW OR FORMERLY THOMAS & PATRICIA GRIGGS PIN 9850-57-2232 DB 5776 PG 488 PB 112 PG 146 (TRACT B) 600 -PL I LINE BEARING M L1 N M 06 � S1 8'52'50"E 181.86 ori d 105.28 W S21 °01'51 "E W L5 N Lo CD O S28°29'08"E O L7 S33'1 0'42"E 81°41'3g.,W N81.41'39 "VV CD S39'16'27"E 0 292.93' r 76.62 o L O L11 0 L38 1 /2" IRON RO �� S14'55'07"E 7.50 (FOUND) o O_ J 1.43' SOUTH OF N N Q �rb PROPERTY LINE N39'16'49"W 1/2" IRON PIPE ADO (FOUND) 129.39 3/4" IRON PIPE �n NAIL SHOT AT L18 BASE tD Rw N o (FOUND) N21'01'51"W ?" \ O 962.68' 3 0 Ln N18'52'50"W 00 00 z o N N N N71'15'03"E O O O U-) O N N OR RFORMERLY O (n00- M W NLLC FARMS. #4 REBAR 0 o ro PL 4.20' WEST OF LINE 00 p NOW OR FORMERLYpe 83 CAS (FOUND) 00 THOMAS & PATRICIA mO PG 201 CL U) W PIN 9850--6767 -8850 N POSSIBLE DB 5225 PG 554 O a d- OVERLAP IN DEEDS r N N81'31'49" (TOTAL) N m 2 215 S.F. 00 00 It 182.38, W 475.31' N a 1" IRON 292.93' 1/2" IRON ROD (FOUND) PIPE (FOUND) IP L3 PL 1" IRON PIPE SEE (FOUND) DETAIL "A" NOW OR FORMERLY THOMAS CHRISTENSEN 200 0 100 PIN 9850-36-8790 DB 5575 PG 348 NOW OR FORMERLY NUTTER FARMS, LLC PIN 9850-58-0672 DB 5707 PG 75 (DB 194 PG 652 TRACT F) (TOTAL) S87 -34'17"W 1836.30' PL 873.62' PL 3/4" IRON PIPE NOW OR FORMERLY 0.40' SOUTH THOMAS & PATRICIA OF PROPERTY GRIGGS LINE PIN 9850-57-2232 (FOUND) DB 5776 PG 488 PB 112 PG 146 (TRACT A) -PL- GRAPHIC SCALE 200 400 ( IN FEET ) 1 inch = 200 ft. NOW OR FORMERLY THOMAS & PATRICIA GRIGGS PIN 9850-57-2232 DB 5776 PG 488 PB 112 PG 146 (TRACT B) 600 -PL I LINE BEARING LENGTH L1 S12°37'52"E M L2 S1 8'52'50"E 181.86 ori S23°49'04"E 105.28 L4 S21 °01'51 "E 52.06 L5 N Lo L6 S28°29'08"E 102.04 L7 S33'1 0'42"E 126.56 CD S39'16'27"E 74.98 L9 r 76.62 L10 N75'04'53"E O L11 N23'32'49"E v I n LdH L12 S14'55'07"E 7.50 W o O_ J L14 N N Q " W L15 N39'16'49"W a i- N33'10'42"W 129.39 � � �n 104.19 L18 \ in d tD Rw N o L19 N21'01'51"W ?" \ O N23'49'04"W 105.84 0 Ln N18'52'50"W 184.79 L22 z o 87.31 N N71'15'03"E 30.17 U-) � \ NOW OR RFORMERLY Rw� pv 4k�STiN° NLLC FARMS. S° PIN 9850-68-1310 NOW OR FORMERLYpe 83 CAS DDB4935 THOMAS & PATRICIA PG 201 GRIGGS DB 5707 PG 75 PIN 9850--6767 -8850 (PARCEL C) DB 5225 PG 554 d- PB 83 PG 156 rn 00 00 It (TOTAL) S89'57'38"W 1"IRON 203.67' PIPE (FOUND) 3/4" IRON 173.37' 30.30' PIPE (FOUND) 2i J OL D on mmX N Ln �NLn N M z 0 Cl) C)J mW oz TOTAL AREA SURVEYED: 9,987,169 S.F./229.274 AC AREA IN NEW CONSERVATION EASEMENT., 333,778 S.F./7.663 AC INGRESS/EGRESS/REGRESS EASEMENT AREA:41,667 S.F./0.957 AC HOME SITE "A":60,000 S.F./ 1.377 AC HOME SITE "B":24,417 S.F./0.561 AC NET TOTAL ACREAGE: 9,531,608 S.F./ 218.816 AC J CL NOW OR FORMERLY THOMAS do PATRICIA GRIGGS PIN 9850-67-8850 DB 5225 PG 554 PB 83 PG 156 LINE TABLE LINE BEARING LENGTH L1 S12°37'52"E 88.88 L2 S1 8'52'50"E 181.86 L3 S23°49'04"E 105.28 L4 S21 °01'51 "E 52.06 L5 S24'59'33"E 79.99 L6 S28°29'08"E 102.04 L7 S33'1 0'42"E 126.56 L8 S39'16'27"E 74.98 L9 S52'12'41 "E 76.62 L10 N75'04'53"E 164.73 L11 N23'32'49"E 146.13 L12 S14'55'07"E 7.50 L13 N23'32'49"E 83.84 L14 S23'32'49"W 37.59 L15 N39'16'49"W 80.01 L16 N33'10'42"W 129.39 L17 N28'29'08"W 104.19 L18 N24'59'33"W 81.94 L19 N21'01'51"W 52.37 L20 N23'49'04"W 105.84 L21 N18'52'50"W 184.79 L22 N12'37'52"W 87.31 L23 N71'15'03"E 30.17 LINE TABLE LINE BEARING LENGTH L24 N23°32'46"E 128.99 L25 N75°04'53"E 141.40 L26 N68°21'02"E 77.11 L27 S89°33'51 "E 89.56 L28 N34'43'13"E 88.80 L29 S71°59'06"E 60.39 L30 S21'34'21 "W 154.67 L31 S23'32'49"W 149.66 L32 S00'27'59"E 163.00 L33 N65'08'52"E 60.54 L34 N64'07'41 "E 115.38 L35 N64'37'23"E 135.55 L36 N71 *15'03"E 160.53 L37 N60'04'25"W 88.70 L38 N81'31'49"W 475.31 L39 S56'37'00"W 87.88 L40 S55'52'55"W 87.35 L41 S49'59'40"W 56.36 L42 S51'03'43"W 67.35 L43 S50'31'1 5"W 54.02 L44 S49'48'03"W 51.73 L45 S61'08'37"W 61.21 L46 S53 -54'12"W 54.06 HOME SITE "B" a N90'00'00"W m w� 162.78' a 0100 olo \S C7! o l o 0 o l a s0y�''F� tT1 oo l n u� l o �j&\2s•• -p 162.78' z N90.00'00' E3p S'38•E - a 1" IRON PIPE (riff S8258.45' W 123.63, (FOUN N 0 29'40" (TOTAL) O _ #4 REBAR 1" IRON (TIE) 14' (SET) PIPE S\ 541.97' _)0 34E 9� NN.) (FOUND) N80' t 4a'32� 418.34' 00' " � I� J (rle� 389. T2•\ 1" IRON PIPE FOUND) ) NOW OR FORMERLY RW MONUMENT M ROGER NUTTER FOUND __O PIN 9850-89-4235 "0 0.47' WEST OF I I \ DB 3671 PG 380 r R/W LINE I I J \ NOW OR FORMERLY L \ THOMPSR PP,ATRICIA PIN I50-89 _ 8233 D13 8 3 877 PG 451 1 °29 a I 3 \ NOTES: J P \ NOW OR FORMERLY \ bO/ THOMAS do PATRICIA 1) BASIS OF BEARINGS: NCGS GRID COORDINATES, NAD 83/2011 GRIGGS DATUM. \ (0 PIN 9850-88-4939 N DB 255 PG 1990 / \ 2) ALL NEW CORNERS ARE #4 REBAR WITH CAP. ( / NGLE IRON 3) ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES IN U.S. 1150.45 �� o (FOUND) SURVEY FEET UNLESS OTHERWISE NOTED. / S80°54'20 SPL 4) THE AREAS SHOWN HEREON WERE COMPUTED USING THE -PL- COORDINATE COMPUTATION METHOD. #4 REBAR / 5 )LINES NOT SURVEYED ARE SHOWN AS BROKEN LINES FROM (FOUND) INFORMATION REFERENCED ON THE FACE OF THIS PLAT. NOW OR FORMERLY THOMAS & PATRICIA 6 )PROPERTY SUBJECT TO ALL EASEMENTS AND RESTRICTIONS NOW OR FORMERLY GRIGGS VANN dt EMILY PIN 9850-88-1362 OF RECORD. WINSLOW DB 1295 PG 582 PIN 9850-78-9652 PB 103 PG 200 7) DRIP LINE, AS SHOWN, REFLECTS THE OUTER EXTENTS OF NOW OR FORMERLY DB 4566 PG 375 I THE EXISTING CANOPY. THOMAS dt PATRICIA PB 103 PG 200 r- GRIGGS PIN 9850-88-1362 I I 8) HOME SITE "A" AND "B" ARE NOT MEANT TO SUBDIVIDE THE DB 1295 PG 582 J PROPERTY, THEY ARE SIMPLY INTENDED TO ACQUIRE AREA. PB 103 PG 200 O_ J CURVE TABLE PLS CURVE RADIUS LENGTH BEARING CHORD LINE TABLE LINE BEARING LENGTH L47 S62°23'20"W 63.94 L48 S58'39'56"W 63.17 L49 S56°25'47"W 65.07 L50 S44'53'25"W 34.57 L51 N75°27'39"W 39.65 L52 S21'06'01 "W 41.69 L53 S72'44'03"W 11.07 L54 N47'52'35"W 42.65 L55 N72'55'19"W 65.80 L56 N77'53'49"W 49.37 L57 N38'09'59"W 25.39 L58 N82'52'39"W 104.73 L59 N66'47'03"W 52.42 L60 N70'34'47"W 57.76 L61 N78'09'22"W 60.02 L62 S6216'03"W 64.95 L63 S26'25'31 "W 40.95 L64 N69'16'15"W 20.22 L65 S78'27'43"W 78.99 L66 S82'54'25"W 59.07 L67 S64'02'05"W 73.03 L68 S74'1 3'45"W 42.98 L69 N80'31'11"W 25.63 LINE TABLE LINE BEARING LENGTH L70 S54°00'21 "W 27.18 L71 S84°11'22"W 26.66 L72 N70°49'02"W 54.56 L73 N86'40'30"W 44.58 L74 N67'39'13"W 53.40 L75 N69°02'04"W 65.51 L76 N82'44'37"W 70.16 L77 N77'13'36"W 60.54 L78 N89'48'54"E 53.85 L79 N09'28'50"E 57.00 L80 N88'06'06"E 105.64 L81 S62'17'45"E 129.28 L82 S12*19'17"E 48.28 L83 S88'24'43"E 29.31 L84 N56'54'39"E 50.95 L85 N62'41'28"W 41.69 L86 S80'09'32"W 27.61 L87 N71'10'38"W 110.62 L88 N73'58'42"W 54.14 L89 S87'56'19"W 45.03 L90 N73'20'33"W 21.65 L91 N75'47'18"W 17.17 L92 N66'52'14"W 28.33 LINE TABLE LINE BEARING LENGTH L93 N70'13'14"W 44.62 L94 N84°36'47"W 41.29 L95 S52'17'17"W 96.29 L96 S26'20'47"W 45.09 L97 S10°56'27"E 70.12 L98 S06°20'49"W 79.31 L99 S46'32'44"W 37.80 L100 S81'43'51 "W 26.67 L101 N59'34'42"W 26.42 L102 N77'41'15"W 45.58 L103 S73'10'48"W 64.96 L104 N81'52'55"W 53.29 L105 N62'01'35"W 44.85 L106 S69'03'04"W 79.82 L107 S53'15'51 "W 125.24 L108 N89'33'51"W 55.93 L109 S82'03'12"W 66.80 L110 N21'06'25"W 24.93 L111 N37'10'17"W 84.73 L112 N10'18'37"W 66.39 L113 N52'05'19"W 48.92 L114 N46'37'10"W 55.92 L115 S49'25'02"W 16.47 'O r PL LINE TABLE LINE BEARING LENGTH L116 S14°07'15"W 38.27 L117 S60'58'06"W 34.34 L118 S89°42'25"W 20.86 L119 N66'25'45"W 26.53 L120 N64'01'42"W 23.32 L121 S31 °23'22"W 10.96 L122 S73'22'1 6"W 23.47 L123 S46'13'17"W 22.31 L124 S05'09'1 7"W 9.33 L125 S35'27'40"W 27.71 L126 S19'08'39"E 14.39 L127 S29'28'18"W 31.92 L128 S45'04'30"E 11.56 L129 S10'23'03"E 13.74 L130 S56'54'39"W 25.28 L131 N54'25'26"W 29.64 L132 S25'36'09"W 43.19 L133 S17'57'14"W 72.04 L134 S31'38'16"W 12.19 L135 S10'20'25"W 46.14 L136 S00'39'24"W 52.35 L137 S32'28'27"E 21.71 L138 S05'54'52"W 21.64 LINE TABLE LINE BEARING LENGTH L139 S14°55'07"E 7.50 C1 C1 702.82 302.48 S29'30'56"E 300.16 C2 382.74 241.64 S59°55'54"E 237.65 C3 442.74 279.52 N59°55'54"W 274.90 C4 762.82 328.31 N29°30'56"W 325.78 C5 3440.97 378.10 N68'13'40"E 377.91 C6 1818.83 470.25 N66'27'24"E 468.94 C7 950.00 953.34 N86°51'31"E 913.84 C8 1326.84 218.00 S63°57'39"E 217.76 C9 741.95 415.47 S40'18'18"E 410.06 C10 880.68 218.24 S15°43'40"E 217.68 C11 159.53 147.43 N28°17'21"W 142.24 C12 52.50 82.47 S59'55'07"E 74.25 C13 1 37.50 1 58.90 1 N59°55'07"W 53.03 LEGAL DESCRIPTION -TOTAL MAPLE VIEW FARMS ALL OF THAT CERTAIN PARCEL OF LAND, LYING AND BEING SITUATED IN THE TOWNSHIP OF BINGHAM, COUNTY OF ORANGE, STATE OF NORTH CAROLINA, BEING COMPRISED OF THREE TRACTS, CONTAINING IN AGGREGATE 229.274 ACRES (9,987,169 SQ FT.), MORE OR LESS, AS SHOWN ON THAT PLAT ENTITLED "CONSERVATION EASEMENT FOR ROBERT P. NUTTER "MAPLE VIEW FARMS", PREPARED BY CHRISTOPER L. COLE, NCPLS, DATED , BEARING WSP PROJECT NUMBER 1188329A, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: (ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES UNLESS NOTED OTHERWISE.) COMMENCING AT A SET #4 REBAR, THE POINT AND PLACE OF BEGINNING, SAID REBAR BEING THE SOUTHEAST CORNER OF (NOW OR FORMERLY) AMY WADDELL DB 1422 PG 515 AND HAVING COORDINATES ON THE NORTH CAROLINA STATE PLANE COORDINATE SYSTEM (NAD83/2011) OF NORTHING: 808,804.34, EASTING: 1,954,360.45, AND AN AVERAGE COMBINED FACTOR OF: 0.999842615; THENCE FROM THE POINT AND PLACE OF BEGINNING, N2" 39'01"E 672.28' (PASSING THROUGH A PUBLIC GAS RIGHT OF WAY AT 18.86' AND AGAIN AT 72.29')TO A COMPUTED POINT IN THE CENTERLINE OF SR -1104, DAIRYLAND ROAD; THENCE ALONG SAID CENTERLINE OF ROAD THE FOLLOWING (14) CALLS: (1) N64° 07'41"E 115.38' TO A COMPUTED POINT, (2) N64° 37'23"E 135.55' TO A COMPUTED POINT, (3) N65° 02'39"E 457.09' TO A SET PK NAIL, (4) THENCE 378.10' ALONG THE ARC OF A CURVE TO THE RIGHT,HAVING A RADIUS OF 3440.97' AND A CHORD BEARING AND DISTANCE OF N68° 13' 40"E 377.91' TO A COMPUTED POINT, (5) N71° 15'03"E 160.53' TO A COMPUTED POINT, (6) THENCE 470.25' ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 1818.83' AND A CHORD BEARING AND DISTANCE OF N66° 27' 24"E 468.94' TO A COMPUTED POINT, (7) N59° 26' 58"E 752.02' TO A COMPUTED POINT (8) N59° 39'33"E 420.77' TO A COMPUTED POINT (9) THENCE 953.34' ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 950.00' AND A CHORD BEARING AND DISTANCE OF N86° 51' 31"E 913.84' TO A COMPUTED POINT (10) S67° 11' 14"E 679.65' TO A COMPUTED POINT, (11) THENCE 218.00' ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 1326.84' AND A CHORD BEARING AND DISTANCE OF S63 -57-39--E 217.76' TO A COMPUTED POINT, (12) THENCE 415.47' ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 741.95' AND A CHORD BEARING AND DISTANCE OF S40° 18-18-E 410.06' TO A COMPUTED POINT, (13) THENCE 218.24' ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 880.68' AND A CHORD BEARING AND DISTANCE OF S15° 43-40"E 217.68' TO A COMPUTED POINT, (14) S9° 26' 35"E 421.07' TO A COMPUTED POINT, THENCE LEAVING THE AFOREMENTIONED ROAD AND RUNNING WITH THE NORTHERN PROPERTY LINE OF (NOW OR FORMERLY) ROGER NUTTER DB 3671 PG 380 N80° 29-40"W541.97- (PASSING THROUGH A FOUND 1" IRON PIPE AT 418.34') TO A FOUND 1" IRON PIPE, THENCE CONTINUING WITH THE NORTHERN LINE S89° 42'43"W 258.45TO A SET #4 REBAR BEING THE NORTHWEST CORNER OF THE AFOREMENTIONED, THENCE WITH THE WESTERN LINE OF THE AFOREMENTIONED SO' 27'59"E 163.00' TO A FOUND 1" IRON PIPE AND BEING THE MOST NORTHERN POINT IN (NOW OR FORMERLY) THOMAS & PATRICIA GRIGGS DB 255 PG 1990 AND RUNNING WITH THEIR WESTERN LINE S6° 08'15"W 443.61' TO A FOUND ANGLE IRON BEING IN THE WESTERN LINE OF THE AFOREMENTIONED AND ALSO A POINT IN THE NORTHERN LINE OF (NOW OR FORMERLY) THOMAS & PATRICIA GRIGGS DB 1295 PG 582 AND BEING LOCATED N21°34'21"E 154.67' FROM A FOUND #4 REBAR, THENCE FROM THE ANGLE IRON AND RUNNING WITH THE NORTHERN LINE OF THE AFOREMENTIONED S80° 54'20"W 1150.45' TO A FOUND A" IRON PIPE BEING THE NORTHWEST CORNER OF THE AFOREMENTIONED, THENCE CONTINUING S26° 58-46"E 215.50' TO A FOUND 1" IRON PIPE AND BEING THE MOST NORTHEASTERN CORNER OF (NOW OR FORMERLY) THOMAS AND PATRICIA GRIGGS DB 5225 PG 554 AND RUNNING WITH THEIR LINE S89° 57'53"W 991.00' TO A FOUND 1" IRON PIPE (PASSING BY AN EASEMENT REFERENCED IN PB 57 PG 68 AT 604.51' AND AGAIN AT 892.69') AND BEING THE NORTHWEST CORNER OF THE AFOREMENTIONED, THENCE RUNNING WITH THE WESTERN LINE OF THE AFOREMENTIONED SO- 26-57--E 1076.42' TO A FOUND 1" IRON PIPE (CROSSING THROUGH A PUBLIC GAS RIGHT OF WAY AT 535.32' AND AGAIN AT 587.49') SAID PIPE BEING IN THE WESTERN LINE OF THE AFOREMENTIONED AND BEING THE NORTHWEST CORNER OF (NOW OR FORMERLY) THOMAS & PATRICIA GRIGGS DB 5776 PG 488 TRACT -A AND RUNNING WITH THEIR LINE S89° 57'38"W 203.67' TO A FOUND %" IRON PIPE AND CONTINUING WITH THEIR LINE S87° 34'17"W 1836.30' TO A FOUND %" IRON PIPE AND NAIL SHOT AT THE BASE (PASSING BY A FOUND %" IRON PIPE AT 873.62' AND BEING 0.40' SOUTH OF THE PROPERTY LINE) SAID PIPE BEING THE NORTHWEST CORNER OF THE AFOREMENTIONED, THENCE WITH THE WESTERN LINE OF THE AFOREMENTIONED S1° 09' 06"E 478.43' TO A CALCULATED POINT (PASSING BY A FOUND #4 REBAR AT 207.18' AND BEING 4.20' WEST OF THE PROPERTY LINE) THENCE WITH THE NORTHERN LINE OF (NOW OR FORMERLY) THOMAS CHRISTENSEN DB 5575 PG 348 N81° 31'49"W 475.31' TO A FOUND STONE PILE (PASSING THROUGH A FOUND 1" IRON PIPE AT 292.93') AND BEING A POINT IN THE NORTHERN LINE OF THE AFOREMENTIONED AND THE SOUTHEAST CORNER OF (NOW OR FORMERLY) KEITH TROLLINGER DB 1422 PG 1996, THENCE LEAVING SAID LINE AND RUNNING WITH THE EASTERN LINES OF (NOW OR FORMERLY) KEITH WILLIAM TROLLINGER DB 1422 PG 1996 AND (NOW OR FORMERLY) CALVIN MELLOTT DB 231 PG 44 N1° 56' 37"E 1764.82' TO A FOUND 1" SQUARE IRON, SAID CORNER BEING THE NORTHEASTERN CORNER OF THE MELLOTT TRACT AND ALSO BEING IN THE SOUTHERN LINE OF (NOW OR FORMERLY) AMY WADDELL DB 1422 PG 515 AND RUNNING WITH HER LINE S88° 53'05"E 555.57' TO THE POINT AND PLACE OF BEGINNING. SOURCE OF TITLE: DB 5707 PG 75; DB 194 PG 652 (TRACT F, TRACT D AND TRACT E) PIN NUMBER: 9850-58-0672 LEGAL DESCRIPTION MAPLE VIEW FARMS CONSERVATION EASEMENT ALL OF THAT CERTAIN PARCEL OF LAND, LYING AND BEING SITUATED IN THE TOWNSHIP OF BINGHAM, COUNTY OF ORANGE, STATE OF NORTH CAROLINA, BEING COMPRISED OF THREE TRACTS, CONTAINING IN AGGREGATE 7.663 ACRES (333,778 SQ FT.), MORE OR LESS, AS SHOWN ON THAT PLAT ENTITLED "CONSERVATION EASEMENT FOR ROBERT P. NUTTER "MAPLE VIEW FARMS", PREPARED BY CHRISTOPER L. COLE, NCPLS, DATED , BEARING WSP PROJECT NUMBER 1188329A, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: (ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES UNLESS NOTED OTHERWISE.) COMMENCING AT A SET #4 REBAR AND CAP, THE POINT AND PLACE OF BEGINNING, AND BEING ON THE NORTHERN TOP OF BANK OF MORGAN CREEK, SAID POINT ALSO BEING LOCATED N83° 34,27--E 1478.94' FROM A SET #4 REBAR, SAID REBAR BEING THE POINT OF BEGINNING OF THE PLAT MENTIONED ABOVE AND ALSO HAVING COORDINATES ON THE NORTH CAROLINA STATE PLANE COORDINATE SYSTEM (NAD83/2011) OF N:808969.82, E:1955829.86, THENCE FROM THE POINT AND PLACE OF BEGINNING, N23° 32' 46"E 128.99' TO A SET #4 REBAR AND CAP BEING AT THE SOUTHERN EDGE OF AN EXISTING GRAVEL ROAD; THENCE N75° 04'53"E 141.40' CROSSING AND RUNNING ALONGSIDE THE NORTHERN EDGE OF THE SAID GRAVEL ROAD TO A SET #4 REBAR AND CAP BEING 5' NORTH OF THE ROAD; THENCE S71° 59'06"E 60.39' CROSSING TO THE SOUTH SIDE OF THE SAME ROAD TO A SET #4 REBAR AND CAP; THENCE N89'48' 54"E 53.85' TO A SET #4 REBAR AND CAP; THENCE N9° 28'50"E 57.00' CROSSING BACK TO THE NORTH SIDE OF THE SAID ROAD AND RUNNING ALONGSIDE THE NORTH EDGE AN AVERAGE DISTANCE OF 8' NORTH OF THE EDGE N72° 32'25"E 499.97' (PASSING THROUGH A SET #4 REBAR AT 252.74') TO A SET #4 REBAR AND CAP; THENCE N68° 21'02"E 77.11' TO A SET #4 REBAR AND CAP; THENCE N34° 43' 13"E 88.80' TO A SET #4 REBAR AND CAP; THENCE S89° 33'51"E 89.56' TO A SET #4 REBAR AND CAP; THENCE N88° 06' 06"E 105.64' (CROSSING THE CENTERLINE OF A STREAM AT 41.60') TO A SET #4 REBAR AND CAP; THENCE S62° 17'45"E 129.28' TO A SET #4 REBAR AND CAP; THENCE S12° 19' 17"E 48.28' TO A SET #4 REBAR AND CAP; THENCE S88° 24' 43"E 29.31' TO A SET #4 REBAR AND CAP; THENCE N56° 54'39"E 50.95' TO A SET #4 REBAR AND CAP; THENCE NO' 59' 11"W 81.89' TO A SET #4 REBAR AND CAP; THENCE N89° 31'38"E 201.25' TO A SET #4 REBAR AND CAP ON THE WESTERN TOP OF BANK OF MORGAN'S CREEK; THENCE FOLLOWING THE WESTERN AND NORTHERN TOP OF BANK OF MORGAN'S CREEK THE FOLLOWING FIFTY-FOUR (54) CALLS: (1) S05° 54' 52"W 21.64' (2) S32° 28' 27"E 21.71' (3) SOO' 39' 24"W 52.35' (4) S10° 20' 25"W 46.14' (5) S31° 38' 16"W 12.19' (6) S17° 57' 14"W 72.04' (7) S25° 36' 09"W 43.19' (8) N54° 25' 26"W 29.64' (9) S56° 54' 39"W 25.28- (10) S10° 23'03"E 13.74' (11) S45- 04'30"E 11.56' (12) S29° 28' 18"W 31.92' (13) 519° 08'39"E 14.39' (14) S35° 27'40"W 27.71' (15) S05° 09' 17"W 9.33- (16) S46° 13'17"W 22.31' (17) S73° 22' 16"W 23.47' (18) S31° 23' 22"W 10.96' (19) N64° 01' 42"W 23.32- (20) N66° 25' 45"W 26.53- (21) S89° 42'25"W 20.86' (22) S60° 58'06"W 34.34' (23) S14° 07' 15"W 38.27' (24) S49° 25'02"W 16.47' (25) N46° 37' 10"W 55.92- (26) N52° 05' 19"W 48.92- (27) N10° 18'37"W 66.39- (28) N37° 10' 17"W 84.73- (29) N21° 06' 25"W 24.93' (30) S82° 03' 12"W 66.80' (31) N89° 33' 51"W 55.93- (32) S53° 15'51"W 125.24- (33) S69° 03'04"W 79.82' (34) N62° 01' 35"W 44.85- (35) N81° 52'55"W 53.29' (36) S73° 10'48"W 64.96' (37) N77° 41' 15"W 45.58- (38) N59° 34' 42"W 26.42- (39) S81° 43'51"W 26.67' (40) S46° 32'44"W 37.80' (41) S06- 20'49"W 79.31' (42) S10° 56' 27"E 70.12' (43) S26° 20'47"W 45.09' (44) S52° 17' 17"W 96.29' (45) N84° 36' 47"W 41.29- (46) N70° 13'14"W 44.62- (47) N66° 52' 14"W 28.33- (48) N75° 47' 18"W 17.17- (49) N73° 20' 33"W 21.65- (50) S87° 56' 19"W 45.03' (51) N73° 58' 42"W 54.14- (52) N71° 10' 38"W 110.62' (53) S80° 09'32"W 27.61' (54) N62° 41'28"W 41.69' TO A SET #4 REBAR, THE POINT AND PLACE OF BEGINNING. SOURCE OF TITLE: DB 5707 PG 75; DB 194 PG 652 (TRACT F) PIN NUMBER: 9850-58-0672 PRELIMINARY MAP NOT FOR RECORDING, SALES, OR CONVEYANCE I Ff AI nrgrRIPTInN INGRESS -EGRESS -REGRESS EASEMENT ALL OF THAT CERTAIN PARCEL OF LAND, LYING AND BEING SITUATED IN THE TOWNSHIP OF BINGHAM, COUNTY OF ORANGE, STATE OF NORTH CAROLINA, BEING COMPRISED OF THREE TRACTS, CONTAINING IN AGGREGATE 0.858 ACRES (37,366 SQ FT.), MORE OR LESS, AS SHOWN ON THAT PLAT ENTITLED "CONSERVATION EASEMENT FOR ROBERT P. NUTTER "MAPLE VIEW FARMS", PREPARED BY CHRISTOPER L. COLE, NCPLS, DATED , BEARING WSP PROJECT NUMBER 1188329A, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: (ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES UNLESS NOTED OTHERWISE.) COMMENCING AT A COMPUTED POINT, THE POINT AND PLACE OF BEGINNING AND HAVING COORDINATES ON THE NORTH CAROLINA STATE PLANE COORDINATE SYSTEM OF N:809878.04, E:1955423.39, SAID POINT BEING THE NORTHWEST CORNER OF THE EASEMENT DESCRIBED HEREIN AND ALSO BEING LOCATED N75° 31' 33"E 404.17" FROM A PK NAIL SET IN DAIRYLAND ROAD (SR -1104), THENCE FROM THE POINT AND PLACE OF BEGINNING, N71° 15'03"E 30.17' TO A POINT; THENCE 512° 37,52"E 88.88' TO A POINT; THENCE S18° 52'50"E 181.86' TO A POINT; THENCE S23° 49'04"E 105.28' TO A POINT; THENCE S21° 01'51"E 52.06' TO A POINT; THENCE S24° 59'33"E 79.99' TO A POINT; THENCE S28° 29'08"E 102.04' TO A POINT; THENCE S33° 10'42"E 126.56' TO A POINT; THENCE S39° 16'27"E 74.98' TO A POINT; THENCE S52° 12'41"E 76.62' TO A POINT; THENCE N75° 04'53"E 164.73' TO A POINT; THENCE S14° 55'07" E 7.50' TO A POINT; THENCE 82.47' ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 52.50' AND A CHORD BEARING AND DISTANCE OF S59° 55'07"E 74.25' TO A POINT; THENCE S14°55'07"E 220AT TO A POINT IN THE SOUTHERN LINE OF THE SAID CONSERVATION EASEMENT AND CONTINUING WITH THE SAID LINE N75°4711811W 17.17" TO A POINT; THENCE N14°55'07"W 212.09' TO A POINT; THENCE 58.90' ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 37.50' AND A CHORD BEARING AND DISTANCE OF N59°5510711W 53.03' TO A POINT; THENCE 514° 55'07" E 7.50 TO #4 REBAR IN THE NORTHERN LINE OF A CONSERVATION EASEMENT AS REFERENCED ABOVE AND RUNNING WITH A COMMON BORDER FOR THE FOLLOWING TWO (2) CALLS; (1) S75° 04'53"W 141.40' TO A SET #4 REBAR; (2) S23° 32'46"W 128.99' TO A #4 REBAR ON THE NORTHERN TOP OF BANK OF MORGAN'S CREEK; THENCE LEAVING THE SAID EASEMENT AND CROSSING THE CREEK S23° 32'49"W 187.25' TO A POINT IN THE NORTHERN LINE OF AN EXISTING EASEMENT PB 57 PG 68 (AND CROSSING OVER AN EXISTING CONSERVATION EASEMENT (PB 88 PG 83) AT 37.59'); THENCE RUNNING WITH THE NORTHERN LINE OF THE EASEMENT REFERENCED IN PB 57 PG 68 N78° 01, 0511W 10.21' TO A POINT; THENCE LEAVING THE SAID LINE N23° 32' 49"E 229.97 (CROSSING THE SAME CONSERVATION EASEMENT REFERENCED IN PB 88 PG 83) TO A POINT; THENCE 147.43' ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 159.53' AND A CHORD BEARING AND DISTANCE OF N28° 17'21"W 142.24' TO A POINT; THENCE N39° 16'49"W 80.01' TO A POINT; THENCE N33° 10'42"W 129.39' TO A POINT; THENCE N28° 29,08"W 104.19' TO A POINT; THENCE N24° 59'33"W 81.94' TO A POINT; THENCE N21'01, 51"W 52.37' TO A POINT; THENCE N23° 49'04"W 105.84' TO A POINT; THENCE N18° 52'50"W 184.79' TO A POINT; THENCE N12" 37' 52"W 87.31' TO A POINT; TO THE POINT AND PLACE OF BEGINNING. SOURCE OF TITLE: DB 5707 PG 75; DB 194 PG 652 (TRACT F) PIN NUMBER: 9850-58-0672 II�I���I�I�INP► 1. TAXES FOR THE YEAR 2016, AND SUBSEQUENT YEARS, NOT YET DUE AND PAYABLE ---NOT A MATTER OF SURVEY --- 2. EASEMENT(S) TO PIEDMONT ELECTRIC MEMBERSHIP CORPORATION RECORDED IN BOOK 113, PAGE 256, AND BOOK 238 PAGE 328, ORANGE COUNTY REGISTRY. ---MIGHT AFFECT; GENERAL, NOT PLOTTABLE--- 3. RIGHT OF WAY TO PUBLIC SERVICE COMPANY OF NORTH CAROLINA RECORDED IN BOOK 141, PAGE 394, ORANGE COUNTY REGISTRY. ---MIGHT AFFECT; GENERAL, NOT PLOTTABLE--- 4. RIGHT OF WAY TO UNIVERSITY OF NORTH CAROLINA UTILITIES DIVISION, RECORDED IN BOOK 153, PAGE 134, ORANGE COUNTY REGISTRY. ---MIGHT AFFECT; GENERAL, NOT PLOTTABLE--- 5. RIGHT OF WAY TO THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION RECORDED IN BOOK 837, PAGE 427, ORANGE COUNTY REGISTRY. ---DOES NOT AFFECT EASEMENT; NOT SHOWN --- 6. RIGHT OF WAY TO DUKE POWER COMPANY RECORDED IN BOOK 858, PAGE 79, ORANGE COUNTY REGISTRY. ---MIGHT AFFECT; GENERAL, NOT PLOTTABLE--- 7. RIGHT OF WAY AGREEMENT BETWEEN ROBERT P. NUTTER AND WIFE, AUBREY C. NUTTER AND DAVIE M. SCHUMAN, RECORDED IN BOOK 935, PAGE 24, ORANGE COUNTY REGISTRY. SEE EASEMENT AS SHOWN ON THE PLATS RECORDED IN PLAT BOOK 57, PAGE 68 AND PLAT BOOK 83, PAGE 156, ORANGE COUNTY REGISTRY. ---DOES AFFECT; AS SHOWN ON SURVEY --- 8. REPORT OF COMMISSIONERS TO LAY OFF ROAD RECORDED IN BOOK 1141, PAGE 522, ORANGE COUNTY REGISTRY. ---MAY AFFECT; GENERAL, NOT PLOTTABLE--- 9. JUDGEMENT FOR CART WAY RECORDED IN BOOK 1141, PAGE 523, ORANGE COUNTY REGISTRY. ---MAY AFFECT; GENERAL, NOT PLOTTABLE--- 10. EASEMENT AND RIGHT OF WAY AGREEMENT BETWEEN ROBERT P. NUTTER AND WIFE, AUBREY C. NUTTER AND DAVID M. SCHUMAN, TRUSTEE RECORDED IN BOOK 1305, PAGE 458, ORANGE COUNTY REGISTRY. ---DOES AFFECT; AS SHOWN ON SURVEY --- 11. ROAD MAINTENANCE AGREEMENT RECORDED IN BOOK 1305, PAGE 467, ORANGE COUNTY REGISTRY. ---MAY AFFECT; GENERAL, NOT PLOTTABLE--- 12. MAPLE VIEW FARM EASEMENT, GRANT OF CONSERVATION EASEMENT AND DEVELOPMENT RIGHTS RECORDED IN BOOK 1421, PAGE 151, ORANGE COUNTY REGISTRY. ---MAY AFFECT; GENERAL, NOT PLOTTABLE--- 13. MAPLE VIEW FARMS 1995 CONSERVATION EASEMENT, PROPERTY CONDITION CERTIFICATION RECORDED IN BOOK 1421, PAGE 166, ORANGE COUNTY REGISTRY. ---MIGHT AFFECT; GENERAL, NOT PLOTTABLE--- 14. AGRICULTURAL CONSERVATION AGREEMENT EASEMENT RECORDED IN BOOK 1540, PAGE 441, ORANGE COUNTY REGISTRY. ---MIGHT AFFEECT; GENERAL, NOT PLOTTABLE--- 15. DEED OF AGRICULTURAL CONSERVATION EASEMENT RECORDED IN BOOK 2295, PAGE 542, ORANGE COUNTY REGISTRY. SEE EASEMENT AS SHOWN ON THE PLAT RECORDED IN PLAT BOOK 88, PAGE 83, ORANGE COUNTY REGISTRY. ---MIGHT AFFECT; GENERAL, NOT PLOTTABLE--- 16. SUBJECT TO THE TERMS OF THE CONSERVATION EASEMENT FROM NUTTER FARMS, LLC TO TRIANGLE LAND CONSERVANCY, RECORDED IN BOOK 6043 PAGE 164 17. SUBJECT TO THE FEE SIMPLE INTEREST OF NUTTER FARMS, LLC, A NORTH CAROLINA LIMITED LIABILITY COMPANY AND RIGHTS OF UNDERLYING FEE SIMPLE OWNER TO USE THE PROPERTY IN ANY WAY NOT INCONSISTENT WITH THE TERMS OF THE CONSERVATION EASEMENT. ---DOES AFFECT; GENERAL, NOT PLOTTABLE--- 18. ANY ENCROACHMENT, ENCUMBRANCE, VIOLATION, VARIATION, OR ADVERSE CIRCUMSTANCE AFFECTING THE TITLE THAT WOULD BE DISCLOSED BY AN ACCURATE AND COMPLETE LAND SURVEY OF THE LAND. THE TERM "ENCROACHMENT" INCLUDES ENCROACHMENTS OF EXISTING IMPROVEMENTS LOCATED ON THE LAND ONTO ADJOINING LAND, AND ENCROACHMENTS ONTO THE LAND OF EXISTING IMPROVEMENTS LOCATED ON ADJOINING LAND. PARAGRAPH 2(C) OF THE COVERED RISKS IS HEREBY DELETED. ---DOES AFFECT; AS SHOWN ON SURVEY --- 19. RIGHTS OF OTHERS FOR INGRESS AND EGRESS PURPOSES IN AND TO THE USE OF EASEMENT LOCATED ON THE LAND. ---DOES AFFECT; GENERAL, NOT PLOTTABLE--- 20. SUBJECT TO MATTERS SHOWN ON RECORDED PLAT BOOK AT PAGE REVISION Appendix D. DWR memorandum on "Updated Nitrogen and Phosphorous Delivery Factors for Nutrient Offset and Other Trading Uses Under the Jordan Lake Nutrient Strategy" Total Nitrogen Delivery Factor Map Total Phosphorous Delivery Factor Map North Carolina Department of Environmental Quality Pat McCrory Donald R. van der Vaart Governor Secretary October 7, 2015 MEMORANDUM To: Interested parties in the Jordan Lake Watershed From: Amin Davis, Environmental Senior Scientist, NPS Planning Branch Q.xl�' Subject: Informal 30 -Day Public Comment Period On Updated Nitrogen and Phosphorus Delivery Factors for Nutrient Offset and Other Trading Uses Under the Jordan Lake Nutrient Strategy This Memorandum serves as notification of a 30 -day comment period to regulated parties and stakeholders that nitrogen and phosphorus load delivery factors used to comply with applicable parts of the Jordan nutrient rules are being updated. The purpose of updating delivery factors is to incorporate more accurate science and to simplify site specific determinations of applicable delivery factors by regulated parties within the Jordan Lake watershed. Once established these updated delivery factors will supersede those documented in the memo regarding this topic dated June 23, 2010 and the associated Jordan Lake Nutrient Strategy Nonpoint Source Delivery Factors map dated August 3, 2011. The timeframe for use of these delivery factors is affected by recent Session Law 2015-241 that delays implementation of certain provisions of the Jordan Lake Strategy. The Division will provide an update to affected parties concerning the effects of this Session Law in a separate notification. Rule implementation delays aside, the Division will consider any public comments received associated with this memo before finalizing these updated delivery factors and distributing to interested parties. Rule Requirements: Delivery factors are an estimate of the degree to which nutrient loads are attenuated between source generation and delivery to a waterbody. Delivery factors are required by Jordan Trading Rule Item 15A NCAC 02B .0273 (2)(d)(i) and the Nutrient Offset Payments Rule Item 15A NCAC 02B .0240 (c)(6)(B). Delivery factors are referred to as transport factors in Session Law 2009-216 (3)(d)(2)(e) and in 15A NCAC 02B .0271(3)(b)(i). Under the Jordan rules, the party seeking to sell nutrient credits must account for differences in instream nutrient losses between the location of the reduction need and excess loading reduction being delivered to the affected arm of Jordan Lake. To comply with these requirements, parties such as bankers and the North Carolina Division of Mitigation Services (formerly the Ecosystem Enhancement Program) who plan to sell nutrient credits shall convert nutrient credits generated at the bank site to `delivered to lake', or `delivered' reduction credits. Developers and other parties seeking to purchase nutrient credits shall also convert their load reduction needs to `delivered' reduction needs. Improved Science and Utility: As part of recent watershed modeling to support Existing Development Stormwater rule implementation, revised delivery factors were produced for 152 small watersheds and were included as a product of the Lake B. Everett Jordan Watershed Model 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 Phone: 919-707-86001 Internet: www.ncdenr.gov An Equal Opportunity 1 Affirmative Action Employer— Made in part by recycled paper Report prepared by Tetra Tech, Inc. in July 2014. These revised delivery factors/zones are considered more accurate than the existing factors because they were produced as outputs of the latest watershed model that integrated more sophisticated routing processes, water quality data, and calibration functions. To simplify this information for use by regulated parties, Division staff has aggregated these factors into 10 or fewer delivery zones for each nutrient, varying by strategy subwatersheds. The attached maps Total Nitrogen Delivery Factors and Total Phosphorus Delivery Factors depict them spatially. These maps and a GIS shapefile of this data are available online at: http://portal.ncdenr.org/web/jordanlake. All 10 delivery zones for total nitrogen and total phosphorus are represented in the Haw River subwatershed, while the Lower New Hope subwatershed contains only one delivery zone. The Upper New Hope subwatershed contains two delivery zones for total nitrogen and four delivery zones for total phosphorus. Tables 1 and 2 below provide the updated delivery zones and associated delivery factors. Note that one feature of this simplified scheme is that the nutrient delivery percentage is the same for a given zone number across all three subwatersheds. Table 1: Nitrogen Delivery Factors Table 2: Phosphorus Delivery Factors Zone Delivery Factor Zone 1 21% Zone 2 31% Zone 3 45% Zone 4 50% Zone 5 62% Zone 6 67% Zone 7 75% Zone 8 81% Zone 9 89% Zone 10 97% Zone Delivery Factor Zone 1 18% Zone 2 24% Zone 3 38% Zone 4 45% Zone 5 55% Zone 6 63% Zone 7 71% Zone 8 79% Zone 9 89% Zone 10 96% Application of New Delivery Factors: Once these updated delivery factors become effective, regulated parties will be required to use them for all applicable purposes under the Jordan Lake Nutrient Management Strategy. These purposes include the following: Developers to calculate delivered load reduction needs Mitigation Bankers and DMS to calculate their available delivered load reduction credits Local Governments and associated parties to provide reduction for Existing Development purposes A project scenario is attached as an example to illustrate use of the delivery factors. 2 Cc: Rich Gannon Pam Behm Bradley Bennett Tom Fransen Mike Templeton Karen Higgins Cyndi Karoly Jim Stanfill Kelly Williams Attachment: Example Scenario Using Updated Delivery Factors The following example illustrates the use of delivery factors to determine a development's offsite nitrogen reduction needs. The same process would be followed to calculate a development's offsite phosphorus needs. Example Scenario A nutrient offset bank has created a nitrogen reduction credit of 100 lb/yr on-site, in accordance with DWQ criteria, at a bank site located within the headwaters of the Cane Creek watershed in Alamance County, NC (N Zone 9, P Zone 7). A 10 acre proposed development located in the City of Greensboro's Buffalo Lake watershed (N Zone 7, P Zone 6) has met its on-site loading requirements under the Jordan New Development stormwater rule but needs another 2.5 lb/ac/yr of nitrogen reduction at the development site to fully satisfy the site loading targets of 38 lb N/ac/yr. Both the development and the credit bank are located within the Haw River Arm of Jordan Lake. The development proposes to purchase offsite credits from the bank. How many lb of delivered credit will the bank have available and how many lb of credit will the developer need to purchase? Nutrient Offset Bank: Cane Creek watershed in Alamance County Nitrogen delivery factor (Table 1, NZone 9)): 89% delivered Onsite N reduction credit available: 100 lb/yr `Delivered' N credit available: 100 lb/yr x 0.89 = 89 lb/yr x 30 yrs = 2, 670 lb Development Site: Buffalo Lake watershed in Greensboro (Guilford County) Nitrogen delivery factor (Table 1, N Zone 7): 75% delivered Onsite N reduction credit needed: 2.5 lb/ac/yr x 10 ac = 25 lb/yr `Delivered' N credit needed: 25 x 0.75 = 18.75 lb/yr x 30 yrs = 563 lb Results The City of Greensboro will purchase 563 lb of `delivered' nitrogen reduction credits from the Nutrient Offset Bank's available `delivered' reduction credits. The bank will then have 2,107 lb of remaining `delivered' reduction credits available (2,670 lb — 563 lb/yr = 2,107 lb). 2 res Stokes Person Pi'l % Rockingham Caswell 411 Granville S tolketAll, I% F.,ugemont Miles Forsyth Gr— FIGURE 1 JORDAN LAKE WATERSHED TOTAL NITROGEN DELIVERY FACTOR Orange It- River Pxk NORTH CAROLINA Alamance WA At' Date: 10/9/2015 Drawn by: BRIG Checked by: CC A- Durham FOF�sl LEGEND oJordan Watershed Boundary (HUC 03030002) Jordan River Subwatershed Kohl P, III I Boundary � TOTAL NITROGEN oEuvsmr -" ZONE AND DELIVERY `~ Zone 1'c1% Zone x-o1m ^~ \ `----- /---------� ~ LJZone a-4nm ' []Zone 4'nom -----'—'-------------~ []Zone n'sum []Zone s's7m N[]Zone 7'7nm U \ � � + Wake REFERENCE Chatham 1.) Topographic imagery from ESRI Image Services. 2.) Horizontal Datum is NAD83 UTM Z17N. � Lee Harnett ^^ I I I r�...11ll i � I I ry u . R.'rc t° ro: reStL burg -I s I ' I I _ I Person okesOtOesF'I' Rockingham Caswell j Y + aswe Hall} , „.. 111111-. II J HI.I r::IZ i W - E I k,mrb { cb I } I a 5 r` Granville I -�_ --_ ------ I. ________ ___-___-_-_--_- _-_-_-__ __-_-___`I 1 '- I ••t k:l:,l,. �`,�yy�� � ��',�r� /'� R:n�:, ennl I Mlles II Sm frll l Alamance 1 B ho[rw 1 Q r— ` 1 FIGURE 2 Forsyth, ..'pe.: Gr— j JORDAN LAKE WATERSHED TOTAL PHOSPHORUS DELIVERY FACTOR WW I /7 ••II ...'I I i ?'rncls lklc �,y�y� , i I r.,': •SII ll ' o - j I rngIny Orange z t 4�2� •.JGt) I Ea, River ,. .. r. _ -_- NORTH CAROLINA "_a.vc Park GUllford 4U.1N'J+ 4;" Illi"II 7_.1 i_ Wake .,s•as�/' 1� Date: 10/9/2015 Drawn by: BRG 1 �:Dur;ham Checked by: CC Par/ ./7"1/ r°r_ J �}/y, O !k .. .. LEGEND .I..l rn?-.1.',II ��� '_ - .s11 &5•�j( � Vi �, G I � _ •Jordan Watershed Boundary O (HUC 03030002) Kohl Gar ,+�7 r Cyt ;I Q Jordan River Subwatershed i F', ,Illi rr f 297 In u1JLC) [Y.YYt C� f Boundary f I � ra(. � � II,II..I ` 1 -`�•r TOTAL PHOSOPHORUS DELIVERY ------- ZONE _ C�GJGIJ r-" ♦ 0� y' ZONE AND DELIVERY -_-- Zone 1 - 18% I R, r,lr Zone 2 - 24% ---� - - - Q Zone 3 - 38% \ Zone 4 - 45% A ,P _' - _- - - --- --- Zone 5 - 55% z7a � , : Q Zone 6 - 63% Davidson j lAJ 1 Zone 7 - 71 % ``��;� �y� I c:>JW GIJLW 1 Zone 8 - 79% + Zone 9 - 89% / v. • • • Zone 10 - 96% Randolph .r," " a- I I `s Fr,utr 4ulll ,.. Wake :Ili ...III yl. .. L - Chatham _ REFERENCE 1.) Topographic imagery from ESRI a I, Image Services. 2.) Horizontal Datum is NAD83 UTM Z17N. ted , —"-Lee g, i'JA�rncss � r j / _ LII. Lee _ Harnett Appendix E- Maple View Existing Site Conditions General Site Conditions (June 2016) General Site Conditions (June 2016) Ford crossing at access easement (June 2016) View upstream from Ford Crossing General Site Conditions (June 2016) General Site Conditions (June 2016)