20030147 Ver 2_Placement of Restrictive Covenant on Canoe Portage_20170705

Strickland, Bev
From: Crutchfield Jr., John U <[e-mail]>
Sent: Wednesday, July 05, 2017 8:28 AM
To: Higgins, Karen
Cc: Carriker, Joseph W; McMullen, Jay; Styer, Tami; Fragapane, Phil
Subject: Yadkin -Pee Dee Hydroelectric Project No. 2206 --Placement of Restrictive Covenant on
Blewett Falls Canoe Portage
Attachments: YPD Restrictive Covenant DEQ Filing_07-05-2107.pdf, Restrictive Covenants PN
109420-458214.pdf
Ms. Higgins:
Please find attached a transmittal letter and restrictive covenant that was placed on the canoe portage route at the
Blewett Falls Development (Yadkin -Pee Dee Hydroelectric Project No. 2206).
Section 2.6.1.3 of the Yadkin -Pee Dee Hydroelectric Project Comprehensive Settlement Agreement (CSA) commits Duke
Energy Progress, LLC (Duke Energy) to provide this restrictive covenant for conservation purposes.
Duke Energy has completed this CSA requirement and the recorded document established for the restrictive convenant
is provided for your files, given the NC DEQ was a signatory to the CSA.
If you have any questions regarding the restrictive convenant, please contact Joe Carriker (704-382-8849).
Sincerely,
John Crutchfield
Director, Public Safety & Recreation Strategy Planning Services
Water Strategy, Hydro Licensing and Lake Services
Duke Energy
526 S. Church Street
ECII 12100/Mail Code EC12K
Charlotte, NC 28202
Office: [phone]
Mobile: [phone]
Fax: [phone]
[e-mail]
DUKE
ENERGY.

NORTH CAROLINA
RICHMOND COUNTY
BOOK 1753 PAGE 534(7) 244340
III IIIIIIIIIIIIIIIIlIIIIlIIII I I III
Filed 06114/2017 09 ' 4 47 AM
Linda W. Douglas, Register of Deeds
Richmond County. NC
Deputy
Site No. 109420
Land Unit No. 1248465
Project No. 109420458214
DECLARATION OF RESTRICTIVE COVENANT
FOR CONSERVATION PURPOSES
This instrument was prepared by or under the direction of
and mail after recording to:
Sharila M. Whitaker
Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, L.L.P.
P.O. Box 2611, Raleigh, N.C. 27602 (NO OPINION ON TITLE)
Brief_ Description for Index: Blewelt Falls Lake Canoe Portage, Black Jack Township, Richmond County, NC
THIS DECLARATION OF RESTRICTIVE COVENANT FOR CQriSERVATION
PURPOSES (this "Declaration") is made as of the -)-I- day of 11 , 2017
(the "Effective Date"), by DUKE ENERGY PROGRESS, LLC, a North Carolina li 'ted liability
company (f/k/a Duke Energy Progress, Inc.) (f/k/a Carolina Power & Light Company d/b/a Progress
Energy Carolinas, Inc.) ("Owner").
WITNESSETH:
WHEREAS, Owner currently is the owner of fee simple title to all of the property more
particularly described on Exhibit A attached hereto and incorporated herein by reference
(the "Property");
WHEREAS, Owner, as successor in interest to Carolina Power & Light Company d/b/a
Progress Energy Carolinas, Inc., is a party to that certain Comprehensive Settlement Agreement for
the Relicensing of the Yadkin -Pee Dee River Project FERC Project No. 2206 (the "Project") dated
June 29, 2007, by and between Carolina Power & Light Company d/b/a Progress Energy Carolinas,
Inc., and, among others, the North Carolina Department of Environment and Natural Resources (now
known as the North Carolina Department of Environmental Quality ("DEQ")) and the North
Carolina Wildlife Resources Commission (the "CSA") and filed with the Federal Energy Regulatory
Commission ("FERC") on July 30,2007;

WHEREAS, Section 2.6.1.3 of the CSA requires Owner to encumber a portion of the
Property shown as the "60' Canoe Portage Conservation Area" and the "60' Rd. Canoe Portage
Conservation Area" on that certain survey entitled "Access Delineation Survey, Blewett Falls Dam
Canoe Portage," prepared by Davis. Martin. Powell Engineers & Surveyors, dated 12/04/13, and last
revised on 3/23/17, having Map No. 109420-441504, and being attached hereto as Exhibit B and
incorporated herein by reference (the "Conservation Area") with a restrictive covenant for
conservation purposes; and
WHEREAS, the recording of this Declaration will further accomplish the Owner's
intended conservation purposes and will satisfy Owner's obligation to place a restrictive
covenant on a portion of the Property for conservation purposes per the CSA.
NOW, THEREFORE, Owner hereby declares that the Conservation Area, and any fee
simple, leasehold, or other interest therein, is and shall be owned, held, transferred, sold,
conveyed, mortgaged, hypothecated, encumbered, leased, subleased, rented, and otherwise used,
occupied, developed, improved, and maintained subject to the terms, provisions, covenants,
conditions, and restrictions set forth in this Declaration.
ARTICLE I
RECITALS AND PURPOSE
1.1. Recitals and Purpose. The above recitals are true and accurate and are
incorporated herein by reference. The purpose of this Declaration is to place a restrictive
covenant for conservation purposes on the Conservation Area in accordance with Section 2.6.1.3
of the CSA.
1.2. Run With the Land. This Declaration and all of the provisions hereof are and
shall be covenants running with the Conservation Area and shall bind and inure to the benefit of
Owner, its successors, assigns, grantees, mortgagees, tenants, invitees, and licensees (and all
persons claiming under them), as their interests may appear. Every person, including a
mortgagee, acquiring or holding any interest or estate in any portion of the Conservation Area
shall take or hold such interest or estate, or the security interest with respect thereto, with notice
of the terms and provisions of this Declaration; and in accepting such interest or estate in, or a
security interest with respect to, any portion of the Conservation Area, such person shall be
deemed to have consented or assented to this Declaration, whether or not such person shall have
executed any document or instrument evidencing the same.
ARTICLE II
RESTRICTIVE COVENANT FOR CONSERVATION PURPOSES
Owner hereby declares that the Conservation Area shall be subject to the following
restrictive covenant: Development within the Conservation Area is prohibited, except as required
for the operation, maintenance, repair, or improvement of the Project or Owner's transmission or
distribution system.
# 58821240

ARTICLE III
DURATION MODIFICATION AND WAIVER
The covenants set forth in this Declaration shall continue in perpetuity and cannot be
amended or canceled, unless and until the Richmond County Register of Deeds Office receives
and records the written concurrence of Owner, its successors or assigns; the State of North
Carolina, including without limitation the Secretary of DEQ (or its successor in function) or his
or her delegate; and any other parties to the CSA, if and to extent expressly required under
applicable provisions of the CSA. Notwithstanding anything to the contrary herein, if any of the
covenants, restrictions, or provisions herein are declared by a court to be unlawful, void, or
voidable for violation of the rule against perpetuities, then such provisions shall be deemed to be
reformed to vest the particular interest within the time period for creation of such interest in
compliance with applicable North Carolina laws. Invalidation of any one of these covenants and
restrictions, or any part thereof, by judgment or court order shall in no way affect any of the
other provisions hereof, which shall remain in full force and effect. The failure of any person or
persons to take action to enforce the violation of any of these covenants and restrictions shall not
be construed as a waiver of any enforcement rights and shall not prevent the enforcement of such
covenants and restrictions in the future.
ARTICLE IV
ENFORCEMENT
Owner, its successors and assigns, any future owner of the Conservation Area (or any
portion thereof), and the State of North Carolina shall have the right of enforcement.
Enforcement shall be by proceedings at law or in equity against any person or persons violating
or attempting to violate any covenant either to restrain violation or to recover damages. In
addition to any other relief to which it may be entitled, the prevailing party in any such action
shall be entitled to recover its reasonable attorneys' fees, costs and expenses incurred in
connection therewith. The remedies provided herein shall be in addition to, and not in
substitution for, any rights and remedies now or hereafter existing at law or in equity. The
remedies provided herein or otherwise available shall be cumulative and may be exercised
concurrently. The failure to exercise any one of the remedies provided herein shall not constitute
a waiver thereof, nor shall use of any of the remedies provided herein prevent the subsequent or
concurrent resort to any other remedy or remedies.
ARTICLE V
MISCELLANEOUS
5.1 Effective Date and Exhibits. The effective date of this Declaration shall be the
date first above written, which is the date Owner executes this Declaration. The following
Exhibits are attached hereto and incorporated herein by reference:
Exhibit A - Description of the Property
Exhibit B - Survey of the Conservation Area
5.2 Applicable Law. This Declaration concerns real property located in the State of
North Carolina and shall be governed by, enforced, construed, and interpreted in accordance with
the laws of the State of North Carolina.
a S882124v3

5.3 Captions. The captions of each Article and Section hereof are inserted only for
convenience and are in no way to be construed as defining, limiting, extending or otherwise
modifying or adding to the particular Article or Section to which they refer.
5.4 Gender and Grammar. The singular wherever used herein shall be construed to
mean the plural when applicable, and the necessary grammatical changes required to make the
provisions hereof apply either to corporations or to other entities or to individuals, men or
women, shall in all cases be assumed as though in each case fully expressed.
[Tlie remainder of this page intentionally left blank. Signature Page Follows.]
# 58821240

[Signature Page to Declaration]
IN WITNESS WHEREOF, this Declaration has been executed by Owner as of the date
first above written.
11111a DI "-;
DUKE ENERGY PROGRESS, LLC
a North Carolina limited liability company
By: �L; J-7-zz�
Name: Tst'4I 2
Title: --� { •b- tPmt
STATE OF NORTH CAROLINA
COUNTY OF
1, %� V, ryqgaaAc, , a Notary Public for County,
North Carolina, certifythat 1.va&),rS 4 P'��-
��•fla�sa-°�ither being personally known to me or proven
by satisfactory evidence, personally appeared before me this day and acknowledged that (s)he is
the, LtV� 444<p, and being authorized to do so, voluntarily executed the foregoing
instrument on behalf of DUKE ENERGY PROGRESS, LLC, a North Carolina limited liability
company, in the capacity indicated.
Witness my hand and notarial stamp or seal, this I day of , 2017.
M•
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SAl ••
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Notary u lic
My commission expires: �1 1

EXHIBIT A
(Description of the Property)
Being all of that certain tract or parcel of land lying and situate in Black Jack Township,
Richmond County, North Carolina, which is more particularly described in the instrument
recorded in Book XXX, Page 127, Richmond County Registry, less and except any prior out -
conveyances. The legal description of said tract or parcel of land set forth in the aforementioned
instrument is incorporated herein by reference as if such legal description were written out herein
in full.
# M821?40

� A .
# 58821240
EXHIBIT B
(Survey of the Conservation Area)
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TELEPHONE N0. [phone]
UNIT: 1248465 MAP: 109420-441504
THIS MAP IS NOTA CERTIFIED SURVEY AND HAS
NOT BEEN REVIEWED BY A LOCAL GOVERNMENT
AGENCY FOR COMPLIANCE WITH ANY APPLICABLE
LAND DEVELOPMENT REGULATIONS.

DUKE
ENERGY
July 5, 2017
Ms. Karen Higgins, Supervisor, 401 & Buffer Permitting Branch
NC Department of Environmental Quality
1617 Mail Service Center
Raleigh, NC 27699-1617
Water Strategy, Hydro Licensing,
and Lake Services
Duke Energy
526 S. Church Street / EC120
Charlotte. NC 28202
Re: Duke Energy Progress, LLC
Yadkin -Pee Dee Hydroelectric Project (P-2206)
Notification Of Placement of Restrictive Conservation Covenant On Project Lands
Blewett Falls Canoe Portage — Blewett Falls Development
Dear Ms. Higgins:
On Jane 29, 2007, the Comprehensive Settlement Agreement (CSA) for the Yadkin -Pee Dee
Hydroelectric Project (FERC Project No. 2206) was finalized by Duke Energy Progress, LLC
(Duke Energy), formerly known as Progress Energy Carolinas, Inc. Section 2.6.1.3 commits to
provide a restrictive covenant for conservation purposes on the Progress Energy lands along
the current canoe portage route. This commitment was not carried over as a requirement in the
Water Quality Certificate, issued by the North Carolina Division of Water Quality' on September
12, 2008.
Duke Energy has completed this requirement per the CSA . The recorded document established
for this restrictive conservation covenant is enclosed for your files.
You may contact Joe Carriker at 704-382-8849 ([e-mail]) if you
have any questions concerning this restrictive covenant.
Sincerely,
John U. Crutchfield
Director, Public Safety & Recreation Strategy Planning Services
Duke Energy Carolinas, LLC
Enclosures
cc w/ enclosures: Tami Styer
Phil Fragapane
Joe Carriker
Jay McMullen
'Now known as the North Carolina Division of Water Resources