20080511 Ver 2_Conservation Easements_20100325

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Greene Environmental Services. LLC
90 Ham Produce Rd.
Snow Hill, NC 28580
September 13, 2012
Ms. Katie Merritt
Nutrient Offset Coordinator
1650 Mail Service Center
Raleigh, NC 27699 -1650
Re: LaGrange Site Conservation Easement (DWQ #: 2008- 0511v2)
Dear Ms. Merritt,
Enclosed is the Conservation Easement that you approved. It was recorded in the
Lenoir County Register of Deeds on August 28, 2012. We look forward to receiving a credit
release letter from you at your convenience. Thank you for your attention.
If you have any questions or need additional information, please call me at: (919)
215 -3899.
Sincerely,
Jeffrey Becker, Project Manager
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L EP 1 4 2012
DENR - WATEP QUALITY

STATE OF NORTH CAROLINA
COUNTY OF GREENE
i 1111111 111111 iii 11111 11111 11111 11111 11111 11111 11111 11111 eiiii 11111 11111 1111 1111
Doc ID: 001987870006 TVPe: CRP
Recorded: 08/30/2012 at 02:07:12 PM
Fee Amt: $26.00 Page 1 0f 6
Lenoir County, NC
Margaret SeVmour Register of Deeds
BK1667PG179 -184
CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT ( "Conservation Easement ") made this 219 day of
2012 by and between HAM STORAGE, LLC, ( "Grantor ") whose address is 963
Hwy 2A S, Snow Hill, NC 28580 and GREENE ENVIRONMENTAL SERVICES, LLC "Grantee ").
This conservation easement supersedes the previously recorded conservation easement.
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 Lenoir
County, North Carolina, more particularly described as follows:
BEING all of that 3.38 acre tract of land shown on that map
entitled "Survey for Greene Environmental Services, LLC" dated
April 15, 2011 by Grant & Associates, P.A. and recorded in Plat
Cabinet 13, Page 44 of the Lenoir County Registry.
WHEREAS, Grantee is a company 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: riparian buffer areas
adjacent to streams and drainage -ways. 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 required in accordance with the Agreement to Establish
the Greene Environmental Services Neuse River Basin Riparian Buffer and Nutrient Offset Umbrella
Banking Instrument. The La Grange Riparian Buffer and Nutrient Offset Mitigation Bank is intended to
be used to provide mitigation for nutrient offsets and/or riparian buffer impacts due to development (both
existing and proposed) within HUC 03020202 of the Neuse River Basin.
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 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 ACTIVITIES
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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 of non - native plants and/or animal species is
prohibited.
B. Construction. There shall be no constructing or placing of any building, mobile home, asphalt
or concrete pavement, billboard or other advertising display, antenna, utility pole, tower, conduit, line,
pier, landing, dock or any other temporary or permanent structure or facility on or above the Property.
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 Property 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 nage_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.
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 Rights. 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, other than for temporary or occasional access
for purposes of maintaining the easement area.
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 Property substantially in its natural
condition, or the protection of its environmental systems, is prohibited.
ARTICLE III
GRANTOR'S RESEVERED 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.
Notwithstanding the foregoing Restrictions, Grantor reserves for Grantee, its successors and assigns, the
right to construct a riparian buffer and nutrient offset mitigation bank on the Property, in accordance with
the "Agreement to Establish the Greene Environmental Services Neuse River Basin Riparian Buffer and
Nutrient Offset Umbrella Banking Instrument" (signed by the Division of Water Quality Director on
October 3, 2008) and the "La Grange Bank Parcel Development Package" (approved July 2012).
ARTICLE IV.
GRANTEE'S RIGHTS
The Grantee or its authorized representatives, successors and assigns, and the North Carolina
Division of Water Quality (the "DWQ "), 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
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 DWQ 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.
ACCESS AND CONSTRUCTION EASEMENTS
A. Grantor hereby gives, grants, bargains, sells and conveys to Grantee a permanent right and
easement over and upon the land designated as Access Easements as shown on Exhibit A attached hereto
and incorporated herein by reference, for use by Grantee, its successors and assigns for access to the
Property for any purpose (the "Access Easement "). The Access Easement herein conveyed includes, but is
not limited to, the right and privilege by Grantee, and third parties to access the Property Area as
necessary or convenient for Grantee. This Access Easement runs with the land and is enforceable by
Grantee, its successors and assigns, and/or third parties against Grantor, Grantor's successors and assigns.
B. Grantor hereby gives, grants, bargains, sells and conveys to Grantee a permanent right and
easement over and upon the land owned by Grantor twenty (20) feet in all directions from the Property,
for use by Grantee, its successors and assigns for access to the Property for any purpose, including but not
limited to the construction upon the Property and for all purposes related to the Conservation Easement
(the "Construction Easement "). The Construction Easement herein conveyed includes, but is not limited
to, the right and privilege by Grantee, and Third Parties to access the Property as necessary to monitor,
maintain (including the use of construction equipment), or repair the Property, and during said

construction, to go onto the Grantor parcel with vehicles, heavy equipment, machinery, construction
supplies and building materials (collectively the "Construction Activities "). This Construction Easement
runs with the land and is enforceable by Grantee, its successors and assigns, and/or third parties against
Grantor, Grantor's successors and assigns.
ARTICLE VII.
MISCELLANEOUS
A. Warran1y. 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 DWQ.
C. Assignment. The parties recognize and agree that the benefits of this Conservation Easement
are in gross and assignable provided, however that the Grantee hereby covenants and agrees, that in the
event it transfers or assigns this Conservation Easement, the organization receiving the interest will be a
qualified holder under N.C. Gen. Stat. § 121 -34 et seq. and § 170(h) of the Internal Revenue Code, and
the Grantee further covenants and agrees that the terms of the transfer or assignment will be such that the
transferee or assignee will be required to continue in perpetuity the conservation purposes described in
this document.
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):
To Grantor:
Ham Storage, LLC
Attn: Bobby Ham, Manager
963 Hwy 258 S
Snow Hill, NC 28580
To Grantee:
Greene Environmental Services, LLC
Jeff Becker, Manager
963 Hwy 258 S
Snow Hill, NC 28580
To the DWQ:
Wetlands, Buffers, Stormwater Compliance and Permitting Unit
1650 Mail Service Center, Raleigh, NC 27699 -1650
Attn: Mrs. Karen Higgins
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 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. Present Condition of the Property. The wetlands, scenic, resource, environmental, and other natural
characteristics of the Property, and its current use and state of improvement, are described in the
Agreement to Establish the Greene Environmental Services Neuse River Basin Riparian Buffer and
Nutrient Offset Umbrella Banking Instrument" (signed by the Division of Water Quality Director on
October 3, 2008) and the "La Grange Riparian Buffer and Nutrient Offset Mitigation Bank" (approved
July 2012) 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 aforesaid
purposes.
IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first
above written.
STATE OF NORTH CAROLINA
COUNTY OF (21rU-('%e,
35EAL)
I, the undersigned, a Notary Public of the County and State aforesaid, certify that Bobby Ham
personally appeared before me this day, and
L7 I have personal knowledge of the identity of the principal(s)
❑ I have seen satisfactory evidence of the principal's identity, by a current state or federal
identification with the principal's photograph in the form of a

❑ A credible witness has sworn to the identity of the principal(s);
Each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose
stated therein A
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