20071537 Ver 1_More Info Received_20070917

September 13, 2007
Brad Shaver
USAED, Wilmington
Regulatory Division
69 Darlington Avenue
Wilmington, NC 28403
RE: Forbes Estates Subdivision
PCN Application Addition Information
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Corporate ®ffec~
PO Box 7305
~' ~=-~~-;- ~ -; -"~ _"` °-~ ~ T~~ 324 S Evans St
"` -.~ ~~.~ ~ ~j . ~ ~ Greenville,
~~~ ~ r~ ~~~~ ~ NC 27835
& www.eastgroup.com
~~~~' ~ "7'-al 252.758.3746
f=~,;; 252.830.3954
In response to the request for additional information in your telephone conversation with Allen
Henke on Monday, July 30, 2007, the following responses are being submitted:
1. A full-size set of the construction drawings and the PCN drawing showing the impact
areas in relation to the entire site are included with this letter.
2. An 11 x 17 size copy of the Certified Wetlands Map is also included.
3. The unnecessary lines (i.e. easements, minimum building lines) have been removed
and the locations of the proposed culverts have been added to the PCN Impact Area
drawings. Revised Impact Area drawings are provided.
4. Cross-sections of the proposed roadway and culvert crossing have been completed
and are attached for each impact location.
5. The Conservation Easement that is proposed for this site will utilize the Corps of
Engineers model language to grant the easement. A copy of this proposed document
is attached.
6. The Conservation Easement will be granted for all the wetlands identified onsite, other
than those impacts that are approved under this PCN request. These are identified
on the certified Wetlands Map approved under USACOE Action ID 2007 2431 067.
They will be documented again in a Conservation Plat to accompany the easement
document.
7. Impact Area 1 cannot be completely eliminated from this project. The proposed street
alignment was chosen through this area so that the eastern right of way line would be
on the property line. This alignment was chosen because of the relative narrowness
of the parcel at this location. Shifting the alignment of the street away from this
property line would leave odd, narrow strips of land along this side of the right of wa~NGlr-LEERING
that is unusable. Moving the street enough to have usable land on the east side of
the street would reduce the width of the remaining parcel on the west side so that it laRCF+lTECTURE
would not be usable.
SURVEYING
TECHNOLOGY
20070000
Rev. 0 01!01/07

The area of impact that was estimated on the initial PCN application form was
incorrect. When the area was being rechecked against the certified Wetlands Map
approved under USACOE Action ID 2007 2431 067 it was determined that only 51
square feet (0.001 acres) of wetlands would be impacted at this location. Pages 8 & 9
of the PCN form have been revised to show this corrected number and are enclosed
with this letter.
8. Impact Area 2 is near an existing cartway, but the location of this caraway is not
entirely on this property. Since it is not entirely on this property, it is not possible to
dedicate the public right of way needed for the street in this location. Also, its location
is not the best for good subdivision design. Moving the alignment of the street would
reduce the number of lots for the subdivision and all lots would not have to be on the
east side of the road, instead of having lots on the both sides.
The owner will remove the portion of the existing cartway and culvert that is on this
parcel and restore that area to the grade and slopes of the adjoining wetlands. This
would offset the impact in the chosen location by 0.010 acres. This would reduce the
total impact at this location to 0.089 acres and a total impact for the development to
0.090 acres. This additional measure of removing the existing cartway and culvert on
this parcel was also added to the description of the mitigation plan language in the
PCN form on Page 10.
If you have any questions, please contact us at 252-758-3746. Thank you.
Sincerely,
The East Group, PA
Michelle S. Clements, PE
Enclosures: Revised PCN Form Pages 8, 9, & 10
Revised Impact Drawings
Cross-section drawings at the proposed Culverts
Draft Conservation Easement Document
Full-size set of Construction Plans
Certified Wetlands Map - 11x17
cc: NC DENR -Wetlands Unit, Wilmington Regional Office
LaDonn Simpson, New Beginnings, Inc.
ENGINEERING
ARCHITECTURE
SURVEYING
TECHNOLOGY
20070000
Rev. 0 01/01/07

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2. Individually list wetland impacts. Types of impacts include, but are not 1`imited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list imnacts due to both structure and flooding.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
( es/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
W1 Grading/fill culvert Herbaceous No 0.001
W2 Grading/fill culvert Herbaceous No 0.099

Total Wetland Impact (acres) 0.100
3. List the total acreage (estimated) of all existing wetlands on the property: 2.59 acres
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the., original and relocated streams
must be included. To calculate acreage. multiply lencth X width, then divide by 43,560.
Stream Impact
Number
(indicate on ma
Stream Name
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Im act Impact
Length
(linear feet Area of
Impact
(acres)
N/A

Total Stream Impact (by length and acreage)
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact
Site Number
(indicate on ma) Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)
N/A

Total Open Water Impact (acres)
Updated 11 /i /2005
Page 8 of 12

6.
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List the cumulative impact to all Waters of the U.S. resulting fror~~epro Ect: ~~~_
Stream Impact (acres): -0-
Wetland Impact (acres): 0.100
Open Water Impact (acres): -0-
Total Impact to Waters of the U.S. (acres) -0-
Total Stream Impact (linear feet): -0-
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ®No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
N/A
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Current land use in the vicinity of the pond: N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It maybe useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. See Attachment No. 1
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Updated I 1 /1 /2005
Page 9 of 12

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USACE - In accordance with the Final Notice of Issuarice-~=l~Isdi~~ation _of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that maybe appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina (see DWQ website for most current
version.).
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
A conservation easement will be recorded for all wetlands on the parcel other than those proposed to be
impacted in this application The existing road crossing and 72" culvert will be removed and grades and
slopes constructed to match the adjacent wetland areas. Other avoidance and minimization measures
(See Att 1) used onsite can be considered as mitigation. Construction will use normal methods with
special attention paid to erosion control & quick turf establishment.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://www.nceep.net/pages/inlieureplace.htm. If use of the NCEEP is proposed,
please check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount ofNon-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
Updated 11/1/2005
Page 10 of 12

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PERMANENT CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT ("Conservation Easement") made this day
of , 2007 by and between New Beginnings Construction, Inc. ,
("Grantor") and ~~~~~~~~ (Grantee).
The designation 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 context.
RECITALS
WHEREAS, Grantor owns in fee simple certain real property situated, lying and being in
Onslow County, North Carolina, more particularly described in Exhibit A
attached hereto and incorporated herein ("Property");
WHEREAS, Grantee is [either a public body of this state, an agency of the United States,
or a nonprofit corporation or trust 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, which includes the following natural communities:
herbaceous wetlands. The purpose of this Conservation Easement is to maintain wetland and/or
riparian resources and other natural values of the Property, and prevent the use or development of
the Property for any purpose or in any manner that would conflict with the maintenance of the
Property in its natural condition.
WHEREAS, the preservation of the Property is a condition of Department of the Army
permit Action ID 2007 2431 067 issued by the Wilmington District Corps of
Engineers, required to mitigate for unavoidable stream and/or wetland impacts authorized by that
permit. Grantor and Grantee agree that third-party rights of enforcement shall be held by the U.S.
Army Corps of Engineers, Wilmington District (Corps, to include any successor agencies), and
that these rights are in addition to, and do not limit, the rights of enforcement under said permit.
NOW, THEREFORE, for and in consideration of the covenants and representations
contained herein and for other good and valuable consideration, the receipt and legal sufficiency
of which is hereby acknowledged, 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, over the Property
Page 1 of 8

described on Exhibit A, together with the right to preserve and protect the conservation values
thereof, as follows
ARTICLE I.
DURATION OF EASEMENT
This Conservation Easement shall be perpetual. This conservation Easement is an easement in
gross, runs with the land and is enforceable by Grantee against Grantor, Grantor's personal
representatives, heirs, successors and assigns, lessees, agents and licensees.
ARTICLE II.
PROHIBITED AND RESTRICTED ACTMTIES
Any activity on, or use of, the Property inconsistent with the purpose of this Conservation
Easement is prohibited. The Property shall be preserved in its natural condition and restricted
from any development that would impair or interfere with the conservation values of the
Property.
Without limiting the generality of the foregoing, the following activities and uses are
expressly prohibited, restricted or reserved as indicated hereunder:
A. Disturbance of Natural Features. Any change disturbance, alteration or impairment of
the natural features of the Property or any introduction ofnon-native plants and/or animal species
is prohibited.
B. Construction. There shall be no constructing or placing of any building, mobile
home, asphalt or concrete pavement, billboard or other advertising display, antenna, utility pole,
tower, conduit, line, pier, landing, dock or any other temporary or permanent structure or facility
on or above the Property.
C. Industrial Commercial and Residential Use. Industrial, residential and/or commercial
activities, including any right of passage for such purposes are prohibited.
D. Agricultural Grazing and Horticultural Use. Agricultural, grazing, animal
husbandry, and horticultural use of the Properly are prohibited.
E. Vegetation. There shall be no removal, burning, destruction, harming, cutting or
mowing of trees, shrubs, or other vegetation on the Property.
F. Roads and Trails. There shall be no construction of roads, trails or walkways on the
property; nor enlargement or modification to existing roads, trails or walkways.
G. Si na e. No signs shall be permitted on or over the Property, except the posting of
no trespassing signs, signs identifying the conservation values of the Property, signs giving
directions or proscribing rules and regulations for the use of the Property and/or signs identifying
the Grantor as owner of the property.
H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste,
abandoned vehicles, appliances, machinery or hazardous substances, or toxic or hazardous waste,
or any placement of underground or aboveground storage tanks or other materials on the Property
is prohibited.
Page 2 of 8

I. Excavation Dredging or Mineral Use. There shall be no grading, filling, excavation,
dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other
materials, and no change in the topography of the land in any manner on the Property, except to
restore natural topography or drainage patterns.
J. Water Quality and Drainage Pattern. There shall be no diking, draining, dredging,
channeling, filling, leveling, pumping, impounding or related activities, or altering or tampering
with water control structures or devices, or disruption or alteration of the restored, enhanced, or
created drainage patterns. In addition, diverting or causing or permitting the diversion of surface
or underground water into, within or out of the easement area by any means, removal of wetlands,
polluting or discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides is
prohibited.
K. Development Ri'~hts. No development rights that have been encumbered or
extinguished by this Conservation Easement shall be transferred pursuant to a transferable
development rights scheme or cluster development arrangement or otherwise.
L. Vehicles. The operation of mechanized vehicles, including, but not limited to,
motorcycles, dirt bikes, all-terrain vehicles, cars and trucks is prohibited.
M. Other Prohibitions. Any other use of, or activity on, the Property which is or may
become inconsistent with the purposes of this grant, the preservation of the Properly substantially
in its natural condition, or the protection of its environmental systems, is prohibited.
ARTICLE III
GRANTOR'S RESERVED RIGHTS
The Grantor expressly reserves for himself, his personal representatives, heirs, successors
or assigns, the right to continue the use of the property for all purposes not inconsistent with this
Conservation Easement, including, but not limited to, the right to quiet enjoyment of the Property,
the rights of ingress and egress, the right to hunt, fish, and hike on the Property, the right to sell,
transfer, gift or otherwise convey the Property, in whole or in part, provided such sale, transfer or
gift conveyance is subject to the terms of, and shall specifically reference, this Conservation
Easement.
ARTICLE N.
GRANTEE' S RIGHTS
The Grantee or its authorized representatives, successors and assigns, and the Corps, shall
have the right to enter the Property at all reasonable times for the purpose of inspecting said
property to determine if the Grantor, or his personal representatives, heirs, successors, or assigns,
is complying with the terms, conditions, restrictions, and purposes of this Conservation Easement.
The Grantee shall also have the right to enter and go upon the Property for purposes of making
scientific or educational observations and studies, and taking samples. The easement rights
granted herein do not include public access rights.
ARTICLE V
Page 3 of 8

ENFORCEMENT AND REMEDIES
A. To accomplish the purposes of this Easement, Grantee is allowed to prevent any
activity on or use of the Property that is inconsistent with the purposes of this Easement and to
require the restoration of such areas or features of the Property that may be damaged by such
activity or use. Upon any breach of the terms of this Conservation Easement by Grantor that
comes to the attention of the Grantee, the Grantee shall notify the Grantor in writing of such
breach. The Grantor shall have 30 days after receipt of such notice to correct the conditions
constituting such breach. If the breach remains uncured after 30 days, the Grantee may enforce
this Conservation Easement by appropriate legal proceedings including damages, injunctive and
other relief. 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
of the term of this Conservation Easement is or would irreversibly or otherwise materially impair
the benefits to be derived from this Conservation Easement. The Grantor and Grantee
acknowledge that under such circumstances damage to the Grantee would be irreparable and
remedies at law will be 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. The costs of a breach, correction or restoration,
including the Grantee's expenses, court costs, and attorneys' fees, shall be paid by Grantor,
provided Grantor is determined to be responsible for the breach. The Corps shall have the same
right to enforce the terms and conditions of this easement as the Grantee.
B. No failure on the part of the Grantee to enforce any covenant or provision hereof shall
discharge or invalidate such covenant or any other covenant, condition, or provision hereof or
affect the right to Grantee to enforce the same in the event of a subsequent breach or default.
C. Nothing contained in this Conservation Easement shall be construed to entitle Grantee
to bring any action against Grantor for any injury or change in the Property resulting from causes
beyond the Grantor's control, including, without limitation, fire, flood, storm, war, acts of God or
third parties, except Grantor's lessees or invitees; or from any prudent action taken in good faith
by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to life,
damage to property or harm to the Property resulting from such causes.
ARTICLE VI
MISCELLANEOUS
A. Warran .Grantor warrants, covenants and represents that it owns the Property in fee
simple, and that Grantor either owns all interests in the Property which may be impaired by the
granting of this Conservation Easement or that there are no outstanding mortgages, tax liens,
encumbrances, or other interests in the Property which have not been expressly subordinated to
this Conservation Easement. Grantor further warrants that Grantee shall have the use of and
enjoy all the benefits derived from and arising out of this Conservation Easement, and that
Grantor will warrant and defend title to the Property against the claims of all persons.
B. Subsequent Transfers. The Grantor agrees to incorporate the terms of this
Conservation Easement in any deed or other legal instrument that transfers any interest in all or a
portion of the Property. The Grantor agrees to provide written notice of such transfer at least
thirty (30) days prior to the date of the transfer. 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 and shall not be amended, modified or terminated without the
prior written consent and approval of the Corps.
Page 4 of 8

C. Assi ng_ merit. 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 Intemal 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.
D. Entire Agreement and Severability. This instrument sets forth the entire agreement of
the parties with respect to the Conservation Easement and supersedes all prior discussions,
negotiations, understandings or agreements relating to the Conservation Easement. If any
provision is found to be void or unenforceable by a court of competent jurisdiction, the remainder
shall continue in full force and effect.
E. Obligations of Ownership. Grantor is responsible for any real estate taxes,
assessments, fees, or charges levied upon the Property. Grantor shall keep the Property free of
any liens or other encumbrances for obligations incurred by Grantor. 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. 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.
F. Extinguishment. In the event that changed conditions render impossible the continued
use of the Property for the conservation purposes, this Conservation Easement may only be
extinguished, in whole or in part, by judicial proceeding.
G. Eminent Domain. Whenever all or part of the Property is taken in the exercise of
eminent domain so as to substantially abrogate the Restrictions imposed by this Conservation
Easement, Grantor and Grantee shall join in appropriate actions at the time of such taking to
recover the full value of the taking, and all incidental and direct damages due to the taking.
H. Proceeds. This Conservation Easement constitutes a real property interest
immediately vested in Grantee. In the event that all or a portion of this Property is sold,
exchanged, or involuntarily converted following an extinguishment or the exercise of eminent
domain, Grantee shall be entitled to the fair market value of this Conservation Easement. The
parties stipulate that the fair market value of this Conservation Easement shall be determined by
multiplying the fair market value of the Property unencumbered by this Conservation Easement
(minus any increase in value after the date of this grant attributable to improvements) by the ratio
of the value of this easement at the time of this grant to the value of the Property (without
deduction for the value of this Conservation Easement) at the time of this grant. The values at the
time of this grant shall be the values used, or which would have been used, to calculate a
deduction for federal income tax purposes, pursuant to Section 170(h) of the Internal Revenue
Code (whether eligible or ineligible for such a deduction). Grantee shall use its share of the
proceeds in a manner consistent with the purposes of this Conservation Easement.
I. Notification. Any notice, request for approval, or other communication required under
this Conservation Easement shall be sent by registered or certified mail, postage prepaid, to the
following addresses (or such address as may be hereafter specified by notice pursuant to this
paragraph):
Page 5 of 8

To Grantor
New Beginnings Construction, Inc.
PO Box 397
Richlands, NC 28575
Fax: [phone]
To Grantee•
(Name, address and fax number)
To the Corps:
US Army Corps of Engineers
Regulatory Office
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Fax: [phone]
J. Failure of Grantee. If at any time Grantee is unable or fails to enforce this
Conservation Easement, or if Grantee ceases to be a qualified grantee, and if within a reasonable
period of time after the occurrence of one of these events Grantee fails to make an assignment
pursuant to this Conservation Easement, then the Grantee's interest shall become vested in
another qualified grantee in accordance with an appropriate proceeding in a court of competent
jurisdiction.
K. Amendment. This Conservation Easement may be amended, but only in a writing
signed by all parties hereto, and provided 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 conservation purposes of this grant.
L. (For use if there is a document describing the current condition of the property. The
language provided is applicable if there is a mitigation plan that accurately describes the current
condition and uses of the property. If there is not such a plan, another document we agree is
accurate and can be identified and is in our files can be referenced.JPresent Condition of the
Pro e .The wetlands, scenic, resource, environmental, and other natural characteristics of the
Property, and its current use and state of improvement, are described in Section _, Appendix B
of the Mitigation Plan, dated ,prepared by Grantor and acknowledged by the
Grantor and Grantee to be complete and accurate as of the date hereof. Both Grantor and Grantee
have copies of this report. It will be used by the parties to assure that any future changes in the
use of the Property will be consistent with the terms of this Conservation Easement. However,
this report is not intended to preclude the use of other evidence to establish the present condition
of the Property if there is a controversy over its use.
TO HAVE. AND TO HOLD the said rights and easements perpetually unto Grantee for the
Page 6 of 8

aforesaid purposes.
IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year
first above written.
GRANTOR:
1 , a Notary Public in the
State of ,County of
do hereby certify that personally appeared before me this the
day of , 2007,
and acknowledge the due execution of the foregoing instrument. Wifiess my hand and official seal,
SEAL
Jody Cavanaugh, President
DATE:
Signature
My Commission expires
GRANTEE:
DATE:
Name, Title
I , a Notary Public in the
State of ,County of
do hereby certify that personally appeared before me this the
day of , 2007,
and acknowledge the due execution of the foregoing instrument. Witness my hand and official seal,
SEAL
Signature
My Commission expires
Page 7 of 8

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