20210209 Ver 1_NC Hertiage Program (Formal Response)_20210203

ROY COOPER
Governor

SUSI H. HAMILTON
Secretary

WALTER CLARK
Director, Land and Water Stewardship
Executive Director, Clean Water Management Trust Fund

November 20, 2018

Patrick Breedlove
NCDOT – Division 14
253 Webster Road
Sylva, NC 28779
RE: NCNHDE-7541, Bridge 237 Replacement

Dear Mr. Breedlove:
You will note that the Natural Heritage Program report indicates that there is a Clean Water Management Trust
Fund (CWMTF) conservation easement within your proposed project boundary and I wanted to let you know
more about that. The State has a conservation easement recorded at the Haywood County Register of Deeds,
book 480, page 102 (attached). If you feel your project will impact the area outside of the existing DOT right-of-
way easement, please contact me to discuss further.
If you have any questions, please contact me at 919-707-9131 or [e-mail].

Sincerely,

Marissa Hartzler
Stewardship Program Manager

Prepared by and return to: Gregory D.
berts &
P. O. Box
Asheville,
Hutchins
Stevens, PA
7647
NC 28802
CONSERVATION EASEMENT
Book
Page
/02-
1AYVOO COUK?y NC
M Y R, �RY:27 PM
Register Of_Deeds_
THIS CONSERVATION EASEMENT (hereinafter "Conservation Easement") is made
this 12t day of June, 2000 by and between the Daniel Boone Council, Inc., Boy Scouts of
America with its address at 64 W.T. Weaver Boulevard, Asheville, North Carolina, 28806
("Grantor") and the following Grantee: the State of North Carolina with its address c/o State
Property Office, 116 W. Jones Street, Raleigh, NC 27611 ("State"), through the North Carolina
Clean Water Management Trust Fund with its address at 2313-B Executive Park Circle,
Greenville, NC 27834 ("Fund"), State and Fund being referred to herein collectively as Grantee
for certain purposes.
RECITALS & CONSERVATION PURPOSES
A. Grantor is the sole owner in fee simple of the property containing approximately
274.74 +/- acres located in Haywood County, State of North Carolina and being comprised of
three tracts more particularly described as Tract A containing 262.359 acres, Tract B containing
2.38 acres, and Tract C containing 10.001 acres, in Exhibit A attached hereto and by this
reference incorporated herein (collectively the "Property"); and
B. Fund is a tax exempt public charity authorized by Article 13A, Chapter 113 of the
North Carolina General Statutes to finance projects and to acquire land and interests in land,
including conservation easements for riparian buffers for the purposes of providing
environmental protection for surface waters and urban drinking water supplies and establishing a
network of riparian greenways for environmental, educational, and recreational uses; and
C. The Property includes portions of and is located adjacent to Chestnut Flat Cove
Creek (aka Edwards Cove Creek) and the Little East Fork of the Pigeon River, which are
recognized as containing high quality waters, and the Property has been deemed by the Trustees
of the Fund to qualify as a riparian buffer and outstanding watershed, addressing the cleanup and
prevention of pollution of the State's surface waters, and the establishment of a network of
riparian buffers and greenways; and
D. Grantor is the owner of that certain property with improvements thereon used as a
Boy Scout Camp ("Camp Daniel Boone") which adjoins the southern boundary of Tract A of the
Property, which existing property of the Grantor is more particularly described in Deed Book
146 at Page 459, Haywood County Registry, less and excepting the property previously
conveyed to the United States of America in Deed Book 221 at Page 28, Haywood County
Registry ("Existing Property").
NOW, THEREFORE, in consideration of the premises and mutual benefits recited herein,
together with other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged by the parties hereto, the Grantor hereby unconditionally and irrevocably
gives, grants and conveys forever and in perpetuity to the State, its successors and assigns, and(7)
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-75'1(

the State hereby accepts a Grant of Conservation Easement of the nature and character and to the
extent hereinafter set forth in, over, through and across the Property, together with the right to
preserve and protect the conservation values thereof as described in the Recitals herein.
The purposes of this Conservation Easement are to provide environmental protection for surface
waters and to protect the wildlife and natural heritage values of the Property and it shall be so
held, maintained, and used therefor consistent with the provisions of this Conservation Easement.
ARTICLE I: DURATION OF EASEMENT
This Conservation Easement shall be perpetual. It is an easement in gross, runs with the land, and
is enforceable as provided in Article V of this Conservation Easement by the State against
Grantor, itsrepresentatives, successors,assigns, lessees, agents,and licensees.•
ARTICLE II: GENERAL PROVISIONS CONCERNING PROHIBITED
AND RESTRICTED ACTIVITIES ON THE ENTIRE PROPERTY
Any activity on, or use of, the Property inconsistent with the purposes of this Conservation
Easement is prohibited. Except as expressly permitted herein, the Property shall be maintained
in its natural, scenic, wooded and open condition and restricted from development or use that
would materially impair or interfere with the conservation purposes of this Conservation
Easement set forth herein.
The Parties deem that the purposes of the Boy Scouts organization and the Grantor's use of the
Property as specified herein are consistent with the conservation purposes of this Conservation
Easement. All rights reserved by Grantor are reserved for Grantor, its representatives,
successors, assigns, lessees, agents, and licensees (the "Grantor Parties"), are considered to be
consistent with the conservation purposes of this Conservation Easement, and, except as
specifically stated otherwise herein, require no prior notification to or approval by the Grantee.
Notwithstanding the foregoing, Grantor and Grantee have no right to agree to any activity that
would result in the termination of this Conservation Easement.
Without limiting the foregoing, the following activities and uses are expressly prohibited and
restricted.
A. Industrial Use. Industrial use and industrial activities are prohibited on this
Property.
B. Commercial Use. Commercial activities are prohibited on the Property, provided
that the following shall not be deemed to be a commercial use: (i) the leasing of hunting or
fishing rights pursuant to subparagraph C of this Article II of this Conservation Easement, (ii)
silvicultural use pursuant to subparagraph B of Article IV of this Conservation Easement, (iii) the
leasing, renting or other use of the Property or structures on the Property in connection with the
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operation of a Scout camp by the Daniel Boone Council of the Boy Scouts of America (iv) the
operation of the Property as a camp or for similar recreational or outdoor program use by the
Grantor Parties and, (v) other uses not inconsistent with the purposes of this Conservation
Easement as such may be approved by the Fund.
C. Hunting and Fishing. The right to hunt and fish on the Property and the right to
lease all or any portion of the Property for hunting and fishing is allowed, provided that all such
activity is conducted in accordance with local, state and federal regulations and provided that
there shall be no material impairment of the conservation values of the Property. Except as
provided herein, there shall be no material disturbance of animal populations and/or their habitat,
provided that it is permitted to stock non- native species in Chestnut Flat Cove Creek or the
Little East Fork of the Pigeon River or any impoundment thereof permitted by this Conservation
Easement.
D. Foot Trails. Grantor may construct and maintain such trails, including trails
existing as of the time this Conservation Easement is executed by Grantor, as are consistent with
the purposes of this Conservation Easement, provided that said trails shall not be constructed or
maintained to be over sixty (60) inches in width, and provided that any grading in connection
with the construction or maintenance of such trails shall be minimal and be designed to prevent
erosion into Chestnut Flat Cove Creek or the Little East Fork of the Pigeon River.
E. Maintenance of Existing Access Roads. Grantor reserves to itself and the Grantor
Parties the right to improve, maintain, and keep all roads and driveways marked as "Access
Roads" on the map of the Property attached as Exhibit B. The width of such Access Roads shall
not exceed twenty four (24) feet. As part of such maintenance, (1) trees that fall across or into
said roads or driveways can be removed; (2) trees that are threatening to fall into said roads or
driveways can be removed; (3) limbs growing into said roads or driveways can be removed; and
(4)improvements and maintenance can be performed to keep such roads or driveways passable at
low speeds by standard two -wheel -drive automobiles. Mechanized grading can be performed to
prevent erosion and keep such roads or driveways passable. Bridges or other means of passage
over an Access Road that crosses Chestnut Flat Cove Creek or the Little East Fork of the Pigeon
River may be constructed, improved, repaired, reconstructed and maintained. All such
maintenance, improvements, and construction to the Access Roads and any bridges shall be done
in such a way as to prevent erosion into Chestnut Flat Cove Creek or the Little East Fork of the
Pigeon River.
F. Maintenance of Existing Forest and Logging Roads. Grantor reserves to itself and
the Grantor Parties the right to continue to improve, maintain, and keep all forest or logging
roads marked as "Forest or Logging Roads" on the map of the Property attached as Exhibit B.
As part of such maintenance (1) trees that fall across or into said roads can be removed, (2) trees
that are threatening to fall into said roads can be removed, (3) limbs growing into said roads can
be removed and (4) improvements and maintenance can be performed to keep such roads
passable at low speeds by four -wheel -drive vehicles. Mechanized grading can be performed to
prevent erosion and keep such roads passable. Bridges or other means of passage over a Forest
R&S:215877.1

or Logging Road that crosses Chestnut Flat Cove Creek or the Little East Fork of the Pigeon
River may be constructed, improved, repaired, reconstructed and maintained. All such
maintenance, improvements, and construction to the Forest or Logging Roads and any bridges
shall be done in such a way as to prevent erosion into Chestnut Flat Cove Creek or the Little East
Fork of the Pigeon River.
G. Utilities. Grantor reserves to itself and the Grantor Parties the right to continue to
maintain, repair, replace and construct electrical, communication, or other utilities existing on the
Property as of the time this Conservation Easement is executed and electrical, communication,
and other utilities reasonably necessary for providing utilities to existing structures on the
Property and structures permitted to be constructed on the Property pursuant to Subparagraph D
of Article III and Subparagraph F of Article IV.
H. Dumping. Dumping of trash, ashes, garbage, waste, abandoned vehicles,
appliances, machinery, or other similar materials on the Property is prohibited.
I. Mitigation. No portion of the Property shall be used to satisfy compensatory
mitigation requirements under United States Code § 1344 or North Carolina General Statutes
143- 214.11.
J. Subdivision. Each of the separate tracts of the Property designated as Tract A,
Tract B, and Tract C on Exhibit A shall not be further subdivided.
K. Quiet Enjoyment. Grantor reserves to itself and the Grantor Parties all rights
accruing from its ownership of the Property, including the right to sell, lease, manage, and
engage in or permit or invite others to engage in all uses of the Property that are not expressly
prohibited or restricted herein and are not inconsistent with the purposes of this Conservation
Easement. Without limiting the generality of the foregoing, Grantor expressly reserves the full,
exclusive rights of ownership, possession, and access to the Property and the right of quiet
enjoyment of the Property.
L. Existing Property. This Conservation Easement shall not apply to the Grantor's
Existing Property.
ARTICLE III: PROHIBITED AND RESTRICTED ACTIVITIES
WITHIN RIPARIAN CORRIDOR
Without limiting the generality of the provisions set forth in Article II, the following activities
and uses on the Property are expressly prohibited or restricted within a riparian corridor
consisting of two hundred (200) feet on either side of the centerline of Chestnut Flat Cove Creek
and the Little East Fork of the Pigeon River to the extent said riparian corridor is located on the
Property ("Riparian Corridor").
A. Industrial and Commercial Use. Industrial and commercial activities and any,
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right of passage for such purposes are prohibited within the Riparian Corridor, provided that the
activities described under paragraph B of Article II of the Conservation Easement shall not be
deemed a commercial use.
B. Agricultural, Timber Harvesting, Grazing and Horticultural Use. Agricultural,
timber harvesting, grazing, horticultural and animal husbandry operations are prohibited within
the Riparian Corridor.
C. Disturbance of Natural Features, Plants and Animals. There shall be no cutting or
removal of living trees, or the disturbance of other natural features within the Riparian Corridor
except for the following: (1) as incidental to boundary marking, fencing, or signage allowed
under subparagraph D of this Article III, (2) selective cutting and prescribed burning or clearing
of vegetation, dead or diseased trees, and the application of mutually approved pesticides for fire
containment and protection, disease control, timber stand improvement, restoration of hydrology,
wetlands enhancement and/or control of non-native plants, (3) hunting and fishing as allowed
under subparagraph C of Article II of this Conservation Easement, (4) maintenance or
construction of foot trails pursuant to subparagraph D of Article II of this Conservation
Easement, (5) maintenance and improvement of the existing Access Roads, driveways, Forest or
Logging Roads, and utilities as provided in subparagraph G of this Article III and (6)
construction of any new driveways or roads, tent pads and camping shelters pursuant to
subparagraph D of this Article III.
D. Construction of Buildings, Driveways or Roads, Signage and Recreational Use.
There shall be no constructing or placing of any building, mobile home, billboard or other
advertising display, satellite dish, antenna, tower, pier landing, dock or any other temporary or
permanent structure or facility on or in the airspace directly above the Riparian Corridor except
for the following: placement and display of no trespassing signs, local, state or federal traffic or
similar informational signs, unlighted for sale or lease signs, fencing, signs identifying the
conservation values of the Property, and/or signs identifying the Grantor as owner of the
Property (including suitable entrance gates or signage), educational and interpretative signs,
identification labels or any other similar temporary or permanent signs reasonably satisfactory to
the Fund. There shall be no placement or construction of any utility pole except in connection
with (i) electrical, telephone and other utilities pursuant to subparagraph G of Article II of this
Conservation Easement, (ii) construction of utilities to serve any structures allowed to be
constructed outside the Riparian Corridor pursuant to paragraph F of Article IV of this
Conservation Easement. There shall be no construction of any new driveways or roads unless (i)
it is necessary to cross a portion of the Riparian Corridor to obtain access to Grantor's Existing
Property or any structures allowed to be constructed outside the Riparian Corridor on the
Property pursuant to Subparagraph F of Article IV of this Conservation Easement, (ii) such
driveways or roads do not exceed twenty-four (24) feet in width and (iii) the Fund approves the
construction of such new driveways or roads, which approval shall not be unreasonably withheld,
delayed, or conditioned. There shall be no construction of new parking areas within the Riparian
Corridor. In addition to hunting and fishing allowed under subparagraph C of this Article III,
recreational uses such as hiking, camping, bird watching, and nature study are allowed within the-
(7)
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Riparian Corridor. In connection with the camping allowed under this subparagraph D, Grantor
may construct within the Riparian Corridor tent pads and three or four-sided, unheated, wood and
roofed camping shelters or cabins provided that Grantor shall construct, outside the Riparian
Corridor, any restroom facilities or latrines needed for use by any persons utilizing said tent pads,
camping shelters or cabins for camping. Notwithstanding the foregoing, Grantor shall have the
right to repair, replace, improve, construct or re -construct any existing structure on the Property
which is located within the Riparian Corridor on the date hereof.
E. Mineral Use, Excavation. Dredging. There shall be no 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 within the Riparian
Corridor except as necessary for the purpose of combating erosion or incidental to any
conservation management activities otherwise permitted in this Conservation Easement.
Provided that (1) maintenance, repair or replacement may be performed on roads, driveways and
utilities pursuant to the provisions of subparagraph C of Article III of this Conservation
Easement, (2) foot trails may be constructed or maintained pursuant to subparagraph D of Article
II of this Conservation Easement, (3) new roads or driveways may be constructed pursuant to
subparagraph D of this Article III, (4) tent pads, camping shelters, and cabins may be constructed
pursuant to subparagraph D of this Article III, and (5) existing structures on the Property on the
date hereof may be repaired, replaced, improved, constructed, or reconstructed pursuant to
subparagraph D of this Article III.
F. Wetlands and Water Quality. There shall be no pollution or alteration of water
bodies and no activities that would be detrimental to water purity or that would alter natural
water levels, drainage, sedimentation and/or flow in or over the Property within the Riparian
Corridor or into any surface waters, or cause soil degradation or erosion nor diking, dredging,
alteration, draining, filling or removal of wetlands, except (1) activities recommended by the
North Carolina Wildlife Resources Commission to improve and enhance streams for the
purposes of increasing trout or other fish populations or activities to restore natural hydrology or
wetlands enhancement as permitted by state or other appropriate authorities and, (2) except to the
extent that natural drainage, sedimentation and/or flow in or over the Property within the
Riparian Corridor may be altered by; (a) maintenance performed on roads, driveways and
utilities pursuant to the provisions of Subparagraph C of this Article III of this Conservation
Easement, (b) maintenance or construction of foot trails pursuant to Subparagraph C of Article II
of this Conservation Easement, (c) construction of new roads or driveways pursuant to
Subparagraph D of this Article III, (d) construction of tent pads, camping shelters, and cabins
pursuant to Subparagraph D of this Article III, and (e) existing structures on the Property on the
date hereof may be repaired, replaced, improved, constructed, or reconstructed pursuant to
Subparagraph D of this Article III.
G. Maintenance of Roads, Driveways, Electrical or Communication Utilities, and
Structures. Within the Riparian Corridor, the Grantor may (i) improve, repair, maintain,
construct and reconstruct the roads, driveways, structures and utilities existing as of the time this
Conservation Easement is executed pursuant to Subparagraphs E, F and G of Article II of this.)
R&S:215877.1

Conservation Easement, and (ii) maintain any new roads, driveways, existing structures or
utilities constructed pursuant to Subparagraph D of this Article III.
H. Impoundment of Water. Notwithstanding any provisions of this Conservation
Easement to the contrary, Grantor shall have the right to divert and impound water from the
Little East Fork of the Pigeon River or Chestnut Flat Cove Creek for the purpose of constructing,
maintaining, improving, and reconstructing a lake or pond outside of the regular streambed of the
Little East Fork of the Pigeon River and Chestnut Flat Cove Creek. The impoundment of water
pursuant to this Subparagraph H shall not exceed fifteen (15) acres in the aggregate.
ARTICLE IV: PROHIBITED AND RESTRICTED ACTIVITIES
ON PROPERTY NOT WITHIN THE RIPARIAN CORRIDOR
A. Agricultural Use. Agricultural, grazing and animal husbandry operations
inconsistent with the conservation purposes of this Conservation Easement or which materially
effect the water quality of the Little East Fork of the Pigeon River or Chestnut Flat Cove Creek
are prohibited on the Property outside of the Riparian Corridor, provided that Grantor shall have
the right to plant vegetable or flower gardens which do not exceed two (2) acres of tilled ground
if the areas of all such gardens are totaled.
B. Silvicultural Use. There shall be no harvesting of timber on the Property outside
the Riparian Corridor except for (1) the removal of trees necessary to construct the structures
allowed under subparagraph D of Article III or subparagraph F of this Article IV, (2) cutting of
trees to provide firewood or lumber for the use of its structures on the Property; or (3)
uneven -aged, selective timber harvesting of trees in excess of 14 inches diameter at stump height,
provided that any such uneven -aged, selective timber harvesting shall be conducted in
accordance with the following restrictions and conditions:
(i)
The Grantor shall provide written notice to the Fund of timber harvesting
allowed under subsection (3) of this subparagraph B or construction of
trails or roads for timber harvesting allowed under this subparagraph B no
less than thirty (30) days prior to the commencement of such harvesting or
construction.
(ii) Any such timber harvesting shall be conducted pursuant to Best
Management Practice guidelines for the timber industry as the same may
be promulgated by law or regulation in the State of North Carolina and
amended from time to time.
(iii) Any such timber harvesting shall be conducted so as to leave an average of
30 standing stems per acre on the Property.
(iv) Any trails or roads constructed for timber removal shall be constructedw.:v.
along already existing timber tracks or roads or reasonable extensions
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thereof, shall be constructed pursuant to Best Management Practice
guidelines for the timber industry as the same shall be promulgated by law
or regulation in the State of North Carolina and amended from time to
time, and shall be closed to motorized traffic and reseeded following the
end of the timber harvest involved. Any such roads shall be constructed
and maintained in a fashion to minimize erosion, including the use of
erosion barriers or screens to prevent sediment from entering Chestnut Flat
Cove Creek or the Little East Fork of the Pigeon River.
C. Signage. Display of billboards, signs or advertisements is prohibited on or over
the Property outside the Riparian Corridor, except the posting of no trespassing signs, unlighted
for sale or lease signs, trail signs, campsite identification, directional, interpretive trail signs
identifying the conservation values of the Property and/or identifying the Grantor as owner of the
Property, including the right of Grantor to erect suitable entrance gates or signage.
D. Mineral Use, Excavation, Dredging. There shall be no 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 on the Property outside the Riparian
Corridor in any manner except as reasonably necessary for the purpose of combating erosion or
flooding or incidental to any conservation management activities otherwise permitted by this
Conservation Easement. Provided that (1) maintenance, repair, or replacement may be
performed on existing roads and utilities pursuant to subparagraphs E, F and G of Article II of
this Conservation Easement; (2) foot trails may be maintained and constructed pursuant to
subparagraph D of Article II of this Conservation Easement; (3) logging roads may be
constructed pursuant to subparagraph B of this Article IV; (4) buildings, utilities and driveways
may be constructed pursuant to subparagraph F of this Article IV; and (5) existing structures on
the Property on the date hereof may be repaired, replaced, improved, constructed, or
reconstructed.
E. Water Quality and Drainage Patterns. Diking, draining, filling or removal at
wetlands, manipulation or alteration of natural water courses, pollution or discharge into waters,
springs, seeps or wetlands is prohibited on the Property outside the Riparian Corridor. Provided
that (1) maintenance, repair, or replacement may be performed on the existing roads and utilities
pursuant to subparagraphs E, F and G of Article II of this Conservation Easement; (2) foot trails
may be maintained and constructed pursuant to subparagraph D of Article II of this Conservation
Easement; (3) logging roads may be constructed pursuant to subparagraph B of this Article IV;
(4) buildings, utilities and driveways may be constructed pursuant to subparagraph F of this
Article IV; and (5) existing structures on the Property on the date hereof may be repaired,
replaced, improved, constructed, or reconstructed.
F. Improvements, Landscaping, New Construction and Access Thereto. There shall
be no residential use, or any building, facility, mobile home, tower or other structure constructed
or placed on the Property outside the Riparian Corridor, except as follows:
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(1)
The Grantor reserves the right to construct and maintain enclosed and
heated buildings on the Property outside the Riparian Corridor provided
that:
(a) None of such buildings shall be mobile homes or manufactured
buildings; and
(b)
The total heated square footage of all such buildings when
combined shall not exceed 54,000 square feet as measured by the
area of the foundation; and
(c) The total heated square footage of any single building shall not
exceed 10,000 square feet as measured by the area of the
foundation; and
(d) The height of any building shall not exceed 50 feet as measured
from the top of the foundation.
(2) Grantor may construct such fences as are consistent with the use and
enjoyment of the holdings, and the maintenance of the Property as
forestland for the scenic, educational, and recreational purposes set forth
herein.
(3)
Grantor may construct tent pads and three -sided or four-sided, wooden and
roofed camping shelters and restroom facilities or latrines needed to serve
any persons utilizing the tent pads and camping shelters constructed
pursuant to either this provision or subparagraph D of Article III of this
Conservation Easement. Any such restroom facilities and latrines and any
sewage or septic systems that serve such restroom facilities shall meet all
applicable state, federal and local regulations.
(4) Grantor may construct and maintain driveways to and parking areas for
buildings referenced or permitted to be constructed under subparagraph (1)
of this Paragraph F provided that said driveways shall be no more than
twenty-four (24) feet in width provided that all such driveways and
parking areas shall be constructed and maintained so as to avoid erosion
into Chestnut Flat Cove Creek or the Little East Fork of the Pigeon River.
Grantor may construct walkways that provide access to and between the
buildings referenced or permitted under subparagraph (1) of this Paragraph
F provided that said walkways shall be no more than sixty (60) inches in
width unless a greater width is required by building codes or ordinances.
Grantor may also construct and maintain electrical and communication
utilities, water systems and septic systems necessary to serve the buildings
referenced or permitted under subparagraph (1) of this Paragraph F
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(5)
provided that all septic and sewage systems shall meet all applicable state,
federal and local regulations.
Grantor shall have the right to repair, replace, improve, construct and
reconstruct any existing structure on the Property which is located outside
of the Riparian Corridor on the date hereof.
I. Notwithstanding the remaining provisions of this Conservation Easement,
subparagraph H of Article III shall apply to the Property outside of the Riparian Corridor.
ARTICLE V: ENFORCEMENT AND REMEDIES
A. Enforcement. Upon any breach of the terms of this Conservation Easement by
Grantor that comes to the attention of the State, the State shall, except as provided below, notify
the Grantor in writing of such breach. A breach of this Conservation Easement can include
actions that the Grantor has not completed but has begun to take through either action on the
Property itself or by taking such action, such as a contract with a third party, that could
reasonably lead to a breach of this Conservation Easement should the contract be performed.
The Grantor shall have ninety (90) days after receipt of such written notice to begin undertaking
actions that are reasonably calculated to correct or prevent promptly the conditions constituting
such breach. If the breach remains uncured after ninety (90) days and the Grantor has not
commenced and diligently proceeded to remedy such breach, the State may enforce this
Conservation Easement by appropriate legal proceedings including damages, injunctive and
other relief. The State shall have the power and authority, consistent with statutory authority: (a)
to prevent any impairment of the Property by acts which may be unlawful or in violation of this
Conservation Easement; (b) to require restoration of any areas of the Property damaged by
actions that are unlawful or in violation of this Conservation Easement to the condition of the
Property at the time of the grant of this Conservation Easement by Grantor, (c) to otherwise
preserve or protect its interest in the Property; or (d) to seek damages from any appropriate
person or entity. Notwithstanding the foregoing, the State reserves the immediate right, without
notice, to obtain a temporary restraining order, injunctive or other appropriate relief if the breach
of the terms of this Conservation Easement is or would irreversibly or otherwise materially
impair the benefits of 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 the Grantee in connection with
this Conservation Easement.
B. Inspection. The State, its employees, agents and contractors and their successors
and assigns, have the right, with three (3) days prior written notice, to enter the Property at
reasonable times for the purpose of inspecting the Property to determine whether the Grantor and
the Grantor Parties are complying with the terms, conditions and restrictions of this
Conservation Easement. Provided that there shall be no more than two (2) inspections per year
unless the State has cause to believe that Grantor or Grantor Parties have taken some action that
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may violate the terms of this Conservation Easement.
C. Acts Beyond Grantor's Control. Nothing contained in this Conservation
Easement shall be construed to entitle the State to bring any action against Grantor for any injury
or change in the Property caused by the Grantee or third parties, resulting from causes beyond the
Grantor's control, including, without limitation, fire, flood, storm, and earth movement, or from
any action reasonably taken in good faith by the 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.
D. Costs of Enforcement. Any costs incurred by State in successfully enforcing the
terms of this Conservation Easement against Grantor, including, without limitation, any costs
borne by the State in restoring the Property pursuant to the terms of any court order enforcing the
terms of this Conservation Easement, shall be reimbursed by Grantor.
E. No Waiver. Enforcement of this Conservation Easement shall be at the discretion
of the State and any forbearance by the State to exercise its rights hereunder in the event of any
breach of any term set forth herein shall not be deemed or construed to be a waiver by the State
of such term or of any subsequent breach of the same or of any other term of this Conservation
Easement or of the rights of the State. No delay or omission by the State in exercise of any right
or remedy shall impair such right or remedy or be construed as a waiver.
ARTICLE VI: DOCUMENTATION, TITLE, AND PUBLIC ACCESS
A. Property Condition. The parties acknowledge that the Property is partially
developed land and contains existing roads and structures. The parties further acknowledge that
substantial timber harvesting has occurred on the Property prior to the acquisition of the Property
by Grantor.
B. Title. The Grantor covenants and represents that the Grantor is the sole owner
and is seized of the Property in fee simple and has good right and title to grant and convey the
aforesaid Conservation Easement. Grantor shall defend its title against the claims of all persons
whomsoever, and Grantor covenants that the State shall have the use of and enjoy all of the
benefits derived from and arising out of this Conservation Easement.
C. Other Representations. There are no actions, suits or proceedings pending, or to
the knowledge of Grantor threatened against or affecting the Grantor before any court, arbitrator
or governmental or administrative body or agency which might affect the Grantor's ability to
perform their obligations under this Conservation Easement. Upon execution and delivery of
this Conservation Easement, this Conservation Easement will be a valid and binding agreement
enforceable in accordance with the terms hereof.
D. Public Access. The parties acknowledge and agree that this Conservation
R&S:215877.1

Easement is subject to Grantor's right of quiet enjoyment of the Property. This Conservation
Easement does not create any express or implied right of access by the public on, over, under,
through or above the Property. State agrees to exercise reasonable efforts to notify the public
that no public access rights are created by this Conservation Easement and to monitor its
adjoining property accordingly.
ARTICLE VII: MISCELLANEOUS
A. Subsequent Transfers of Property by Grantor. Grantor agrees for itself, its
successors and assigns, to notify State in writing of the names and addresses of any party to
whom the Property, or any part thereof, is to be transferred at or prior to the time said transfer is
consummated. Grantor, for itself, its successors and assigns, further agrees to make specific
reference to this Conservation Easement in a separate paragraph of any subsequent lease, deed, or
other legal instrument by which any interest in the Property is conveyed.
B. Conservation Purpose.
(1) State, for itself its successors and assigns, agrees that this Conservation
Easement shall be held exclusively for conservation purposes.
(2) The parties hereto recognize and agree that the benefits of this
Conservation Easement are in gross and assignable, provided, however that the State hereby
covenants and agrees that in the event State transfers or assigns its rights under this Conservation
Easement, the organization receiving the interest will be a qualified organization as that term is
defined in Section 170(h)(3) of the Internal Revenue Code of 1986 (or any successor section) and
the regulations promulgated thereunder ("Code"), which is organized or operated primarily for
one of the conservation purposes specified in Section 170(h)(4)(A) of the Code, and State 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 to carry out in perpetuity the conservation purposes that .
the contribution was originally intended to advance as set forth in the Recitals herein.
(3) The granting of this Conservation Easement shall not convey or establish
for the public any right of access over the Property.
C. Construction of Terms. This Conservation Easement shall be construed to
promote the purposes of the North Carolina enabling statute set forth in N.C.G.S. Section
121-34, which authorizes the creation of conservation easements for purposes including those set
forth in the Recitals herein, and the conservation purposes of this Conservation Easement,
including such purposes as are defined in Section 170(h)(4)(A) of the Code.
D. Recording. Grantee shall record this instrument and any amendment hereto in
timely fashion in the official records of Haywood County, North Carolina, and may re-record it
at any time as may be required to preserve their rights. The costs of recordation shall be bores
by Grantee.
R&S:215877.1
c)

E. Notices. Any notices shall be sent by registered or certified mail, return receipt
requested, addressed to the parties as set forth above, or to such other addresses such party may
establish in writing to the other. All such items shall be deemed given or made three (3) days
after being placed in the United States mail as herein provided. In any case where the terms of
this Conservation Easement require the consent of any party, such consent shall be requested by
written notice. Such consent shall be deemed approved unless, within one hundred eighty (180)
days after receipt of notice, a written notice of disapproval and the reasons therefor have been
mailed to the party requesting consent.
F. Amendments. Grantor and Grantee are free to jointly amend this Conservation
Easement to meet changing conditions, provided that no amendment will be allowed that is
materially inconsistent with the purposes of this Conservation Easement or affects the perpetual
duration of this Conservation Easement. Such amendment(s) shall be effective upon recording in
the public records of Haywood County, North Carolina. Any amendment of or change in the
provisions set forth in this Conservation Easement, including, but not limited to, restrictions
inside and outside the two hundred (200) foot Riparian Corridor, provisions concerning access or
any other provisions, must be agreed to jointly by the Grantor and Grantee.
G. Environmental Condition of Property. The Grantor warrants and represents to the
Grantee that as of the date of Grantor's execution hereof the officers of the Grantor have no
knowledge of, (a) any existing violation of applicable federal, state and local environmental laws
and regulations with respect to the Property, (b) any known hazardous materials, substances,
wastes, or environmentally regulated substances (including, without limitation, any materials
containing asbestos) located on, in or under the Property, and (c) any environmental condition
existing on the Property that may prohibit or impede use of the Property for the purposes set
forth in the Recitals. The Grantor warrants and represents that it shall comply with all applicable
federal, state, and local environmental laws and regulations with respect to its ownership or use
of the Property.
H. Indemnity. The Grantor agrees, to the fullest extent permitted by law, to defend,
protect, indemnify and hold harmless the State from and against all claims, actions, liabilities,
damages, fines, penalties, costs and expenses suffered as a direct or indirect result of any
violation of any federal, state or local environmental or land use law or regulation or of the use or
presence of any hazardous substance, waste or other regulated material in, on or under the
Property occurring during its ownership of the Property. In the event this indemnity is
unenforceable as a matter of law as to a particular matter or consequence referred to herein, the
remainder thereof shall remain enforceable to the full extent permitted by law. The obligations
under this paragraph are independent of all other rights or obligations set forth herein.
I. Entire Agreement. 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 this Conservation Easement, and the application
of such provision to persons or circumstances other than those as to which it is found to be
R&S:215877.1

invalid, shall not be affected thereby. The parties hereto intend this document to be an
instrument executed under seal. The Recitals set forth above and the Exhibits attached hereto are
incorporated herein by reference.
J. No Merger of Title. The Grantor and Grantee agree that this Conservation
Easement shall survive any merger of the fee and conservation easement interests in the Property.
K. Condemnation. The taking of all or any portion of the Property by any
governmental or public body by exercise of the power of eminent domain or agreement reached
under threat thereof for which monetary compensation shall be paid shall be the exclusive
property of the Grantor.
L. Acceptance By State of North .Carolina. The State. of North Carolina
acknowledges acceptance of this Deed of Conservation Easement through approval by the
Council of State and recordation.
TO HAVE AND TO HOLD unto the State of North Carolina, its successors and assigns,
forever. The covenants agreed to and the terms, conditions, restrictions and purposes imposed as
aforesaid shall be binding upon and inure to the benefit of the Grantee, Grantor, and their
representatives, successors and assigns, and this Conservation Easement shall continue as a
servitude running in perpetuity with the Property.
IN WITNESS WHEREOF, Grantor and Grantee, by authority duly given, have hereunto
caused this Conservation Easement to be executed by their respective officers and their corporate
seals affixed, as of the dates shown below, to be effective upon the date of recordation in the
public records of Haywood County, North Carolina.
DANIEL BOONE COUNCIL, INC.,
BOY OUTS OF AMERICA
B
Attest:
R&S:215877.1
resident
CT

STATE OF NORTH CAROLINA
COUNTY OF BUNCOMBE
This is to certify that on the t z day of June, 2000, before me personally came
Re6ERr c • n4 aacoe S , with whom I am personally acquainted, who, being by me duly
sworn, says that he is the vzc e President of Daniel Boone Council, Inc., Boy Scouts of
America and J. Steven Taylor is the Secretary of Daniel Boone Council, Inc., Boy Scouts of
America, the corporation described in and which executed the foregoing instrument; that he
knows the common seal of said corporation; that the seal affixed to the foregoing instrument is
said common seal, and the name of the corporation was subscribed thereto by the said ✓rc €-
President, and that said VscF President and Secretary subscribed their names thereto, and said
common seal was affixed, all by order of the board of directors of said corporation, and that the
said instrument is the act and deed of said corporation. -
Witness my hand and official seal, this the e Z day of June, 2000.
My Commission Expires: nvtoticN 3 eave2
•
R&S:215877.1
STATE OF NORTH CAROLINA, HAYWOOD COUNTY
lit_The foregoing cct* f icate of
1 P P. iA -t c' 1 ` V S is certified to be correct.
Thu(.:_ day of a. 00 0
Register of Deeds
AMY R. MURRAY

EXHIBIT A
The Property is all of those certain tracts of land lying and being In Cecil Township,
Haywood County, North Carolina, more particularly described as follows:
Tract A: Being known and designated as Tract 16 as set out and described upon the
Map entitled "Division of Lake Logan Tract" recorded in Plat Cabinet C, Slot
2398, Sheets 1 through 17, recorded in the Office of the Register of Deeds of
Haywood County, North Carolina, to which reference is hereby made for a
more full and complete description.
Tract B: Being known and designated as Tract 15 as set out and described upon the
Map entitled "Division of Lake Logan Tract" recorded in Plat Cabinet C, Slot
2398, Sheets 1 through 17, recorded in the Office of the Register of Deeds of
Haywood County, North Carolina, to which reference is hereby made for a
more full and complete description.
Tract C: Being known and designated as Tract 17 as set out and described upon the
Map entitled "Division of Lake Logan Tract" recorded in Plat Cabinet C, Slot
2398, Sheets 1 through 17, recorded in the Office of the Register of Deeds of
Haywood County, North Carolina, to which reference is hereby made for a
more full and complete description.
77) .
R&S:215877.1

MN
5°
TN
EXHIBIT B
THIS MAP IS NOT A CERTIFIED SURVEY AND NO RELIANCE MAY BE PLACED IN ITS ACCURACY.
Printed from TOPO! ©1999 Wildfkonr Productions ( .topo.com)

w
z
PREPARED BY:
C. 0. HAMPTON COMPANY
*#* PROFESSIONAL LAND SURVEYORS ***
P. 0. DRAWER 1319, FLETCHER, NC, 28732
PHONE: [phone]
AND
WEBB A. MORGAN Se ASSOCIATES, P.A.
*** PROFESSIONAL LAND SURVEYORS ***
96 CENTRAL AVENUE, ASHEVILLE, NORTH CAROLINA, 28801
PHONE: [phone]
200
100
0
200
400
600
GRAPHIC SCALE
WAMAPA — FILE NO. 98078—D715
COHCO — DRAWING No. 99002450 JOB No. 99002450 PSD = 99002400
June 9, 2000
DATE
LEGEND!
CHARLES O. HAMPTON
....POINT NOT SET UNLESS OTHERWISE DESIGNATED
....IRON ROD (REBAR) SET
p ....SPIKE OR NAIL SET
o ....IRON ROD FOUND
0,...CORNER TREE
E.I.P. =EXISTING IRON PIPE
x x FENCE LINE
C= CURVE (SEE CURVE TABLE)
L= LINE (SEE LINE TABLE)
� U.P.= UTILITY POLE
� ....CONCRETE MONUMENT
\\
// \\ // \\
TOP OF RIDGE
\\ //
//
\\
O ....CONCRETE R/W MONUMENT
P.C. = PLAT CABINET
D.B. = DEED BOOK
PG. = PAGE
TR. = TRACT
SL. = SLIDE
NCGS =NORTH CAROLINA GEODETIC SURVEY
NCDOT =NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
NOTE:
BEARINGS AND DISTANCES FOR LINE AND
CURVE LABELS ARE LISTED ON SHEET 16.
INTERIOR ROADS, STREAMS,
RIDGES, AND STRUCTURES
WERE TAKEN FROM EXISTING
MAPS AND PHOTOGRAPHY.
EXCEPT THOSE DESCRIBED AS
BOUNDARY LINES HEREON.
/,-
//
//
//
//
//
//
//
//
//
//
//
//
//
//
//
//
/7
66
TRACT 14
X
TRACT 14
Y=625000
0GE
TRACT 14
A PORTION OF
CHAMPION REALTY CORPORATION
D.B.476 PG.1346 TRACT 1
8622-83-7634
3248.023 Acres
00
N
-J
•
7
co
<0')
•
TRACT 15
A PORTION OF
CHAMPION REALTY CORPORATION
D.B.476 PG.1346 TRACT 1
8622-83-7634
2.380 Ac.
L1260
77
NAD 1983 EPOCH 86
7
PROPOSED EASEMENT No. 1
SERVING TRACT 16
OVER EXISTING ROAD
L211
L212
L213
L214
1.1216
L215
L1214
BRUCE D. ENqLEY
TIE LINE
L217 L218
L220
70.
k 2.2).
BOUNDARY LINES L-210 THRU L-225
ARE CENTER OF 10' GRAVEL DRIVE
TRACT 14
XN
IPS STANDING \\
0* 00' 35" W 13.95' OF A 24" TRIPLE LOCOT
L1264
MATCH LINE
IPS STANDING
SHEET 10
\\ ft?
//
ti
//
//
//
//
NN
NN
//
C33
U.P.
L225
L223
L222
PROPOSED EASEMENT No. 2
SERVING TRACT 16
OVER EXISTING ROAD
MATCH LINE
HAYWOOD ELECTRIC
MEMBERSHIP CORP.
EASEMENT
D.B.359 PG.738
C117
40' WIDE USE EASEMENT.
SHEET 12
AST
BOUNDARY LINE C-117 THRU C-130
ARE THE CENTER LINE OF LITTLE EAST FORK ROAD
CEMETERY
0.136 Acre
12" WHITE PINE
979
CO
EXIST. RR IRON AT FENCE COR.
WITNESSED BY:
A 2.75' CIRCLE OF WHITE PINES N 67° W 16.2'
TRACT 16
A PORTION OF
CHAMPION REALTY CORPORATION
D.B.476 PG.1346 TRACT 1
8622-83-7634
262.359 Acres
EXIST. RR IRON
EXIST. RR IRON
EXIST. RR IRON
EXIST. RR IRON
EXISTING RR IRON AT NORTH
BANK OF BRANCH, WITNESSED BY:
Nit\
L1227
L1226
I/
L687
L688
L689
TRACT 14
MURRY COVE BRANCH
HAYWOOD ELECTRIC
MEMBERSHIP CORP.
EASEMENT
TRACT 17
A PORTION OF
CHAMPION REALTY CORPORATION
D.B.476 PG.1346 TRACT 1
C130
8622-83-7634
10.001 Ac.
x.
15"
///
\ c:3,96A\
co
L1272
L1273
X
Y=625000
IPS STANDING
S 18' 42' 58" W 12.56' OF A 8" HICKORY
PROTECTIVE BUFFER AND
MAINTENANCE EASEMENT
100' RADIUS FROM SPRING
30' WATER LINE AND
MAINTENANCE EASEMENT
15' EACH SIDE OF
EXISTING WATER LINE
RESERVOIR
20" HICKORY
11" HICKORY
SCARLET OAK—\
16" WHITE OAK
6
ob.) \
373
rn
0,00
1 --A \ (.0 cp
s \ --N \ ('' IP \ 1 C) .pg)
(71 \ - i' ‘ '') cn fa t.) .. \ t CO .1:n
L682 C46
L658
OP/
BRIDGE
D.B.197 PG.258
8632-82-7427
01
<I
:1411
DIVISION OF LAKE LOGAN TRACT —SHEET 11 OF SkEET 16
L698
L699
L700
co
ir-
1"A -0 03\
•
c'—\\
L386 \4\
/ 96" CMP
L388
L389 L390 \ I
S
391 L393 0
SORRELLs
0.095 Acres
39
8632-92-6772
6'
TIE LINE:
L653
0.172 Acres
K. McDARIS, ET,AL.
8632-92-3612
BOUNDARY LINES
ARE CENTER LINE
N.C.D.O.T. 45' R/W
D.B.434 PG.1110
SPRING AND INTAKE
FOR RESERVOIR
LLI
LEJ
IRON PIN SET IN
8" OAK STUMP
JOSEPH W. LOKERSON
D.B.3943 PG.1003
8642-03-3599
MARGARET B. WARREN, ET.VIR.
D.B.223 PG.580
8632-93-7219
E.I.P.
L372
IL 370
73
ro-
snvirn
0
\ 0 13
13.
rn
E.I.P.
cn
E.I.P.
6
STUMP
8" FENCE POST
E.I.P.
t'? TERRY M. MORGAN
•
/
/ '4(ZL
/cVe
<b.
,c),CDC /JERRY M. BURKE
L396
L 397 / D.B.238 PG.594 //
tx()/
CD
I / Q
i / ic/3
it co
1 / M (2°). i'16-
1 / taf4NI•
1 / m'c' Q az'
ERRY M.
\ I BURKE
DRIVE
L634 4V
LLJ
8642-03-0775
A?. JEFFREY K. OWEN
D.B.359 PG.686 \
8642-03-1722
L402 /DRIVE
• • . P4,1Y1 y- s
_____________. 36 \\----, _10 4p/is
CREEK (SEE PLAT 3 OF SUNBURST \:....,:::::.--...a.---,,...\, 4'
MOUNTAINS RECORDED IN P.B."B" •
•
OLD RD. BED
1 6 R jcp- /.24)7)-°/S)1(4-
0.501 Acres
JOSEPH W. LOKERSON, ET.AL.
D.B.473 PG.675
8642-02-1366
L-381 THRU L-398
OF SORRELLS CREEK
TRACT 18
A PORTION OF
CHAMPION REALTY CORPORATION
D.B.476 PG.1346 TRACT 1
8622-83-7634
BOUNDARY LINES C-41 THRU C-49
ARE THE CENTER LINE OF
LITTLE EAST FORK ROAD
JOE D. HOWELL et.ux.
D.B.441 PG.1161
8632-81-9478
L407
10" BUCKEYE ON EAST
\ BANK OF RIVER
40.828 Ac.
EXISTING
STD. USFS ALUM. MONUMENT
WITNESSED BY:
A 14" POPLAR S 16' W 10.3'
EXISTING
STD. USFS CONC. MONUMENT
IN SOUTH EDGE OF LARGE
CHES7NUT STUMP
WITNESSED BY:
A 14" LOCUST EAST 29.5'
406
DANIEL BOONE COUNCIL, INC.
BOY SCOUTS OF AMERICA
8631-78-2600
10' SOIL
L708
(TIE LINE)
0
U.S.A.
U.S.F.S.
TR. 70
A518 -11