20211505 Ver 1_More Info Received_20220419

Strickland, Bev
From: Thomas, Kevin <[e-mail]>
Sent: Tuesday, April 19, 2022 9:16 PM
To: Steve Kichefski; Jason Conner; Homewood, Sue
Cc: Turner, Jena; Stygar, KRYSTYNKA B CIV USARMY CESAW (USA); Rauch, Sarah;
Chewning, Clark
Subject: [External] RE: SAW-2020-00436 Hedrick Industries - Lake Norman Quarry Public
Notice Comment Response
Attachments: Public Notice Comments for CLC - Comment Response Matrix - Sean Bloom.docx;
Policy Manual Excerpt - Stewardship Fund Violations.pdf
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Mr. Kichefski.
Please find attached the responses from the Catawba Land Conservancy (CLC) regarding the Conservation Easement
(CE), from Sean Bloom, GIS Director and Biologist, and Amanda L. Byrum, JD, MPA
Land Conservation Director.
We ask that you please review the above mentioned materials and provide any final comments so we may resolve any
outstanding issues. If you have no further questions or concerns, CEC will proceed with the following action items.
ACTION ITEM LIST (upon USACE and NCDEQ permit approvals)
CEC to provide red -line track changed copies of the DRAFT FINAL Alternative Analysis and Appendix G Permittee
Responsible Mitigation, and FINAL CLEAN CHECK COPY versions of all materials for the administrative record.
We would like to thank you for your continued coordination regarding this project.
Thank you,
Kevin Thomas, PWS & LSS (NC, SC & FL) / Principal
Civil & Environmental Consultants, Inc.
3701 Arco Corporate Drive • Suite 400 • Charlotte, NC 28273
Toll -Free: 855-859-9932 • Direct: 980-260-2035 • Fax: [phone]
Mobile: [phone] • http://www.cecinc.com
Senior Leadership • Integrated Services • Personal Business Relationships
CELEBQAT1NG 10 YEARS
This electronic communication and any attachments are intended solely for the use of the person or entity to which it is addressed, and may contain
information that is confidential, privileged and exempt from disclosure under applicable law, including copyright law. If you are not the intended
recipient of this message, you are prohibited from disclosing, reproducing, distributing, disseminating or otherwise using this transmission. Please
promptly notify the sender by reply electronic communication and immediately delete this message from your system.
1

From: Thomas, Kevin
Sent: Thursday, April 7, 2022 3:15 PM
To: Kichefski, Steven L CIV USARMY CESAW (USA) <[e-mail]>; Jason Conner
<[e-mail]>; Homewood, Sue <[e-mail]>
Cc: Jena Turner ([e-mail]) <[e-mail]>; Stygar, KRYSTYNKA B CIV USARMY CESAW (USA)
<[e-mail]>; Sarah Rauch ([e-mail]) <[e-mail]>; Clark Chewning
([e-mail]) <[e-mail]>
Subject: RE: SAW-2020-00436 Hedrick Industries - Lake Norman Quarry Public Notice Comment Response
Mr. Kichefski.
Thank you for your comment responses to our application for expansion of the Hedrick Industries, Inc. — Lake Norman
Quarry. CEC has given full consideration to the questions and concerns raised and has addressed each individually in the
attached Comment Response Matrix (CRM). We have also attached the following supporting information as requested in
part of your comments.
CRM Supporting Documents:
GIS Figure: Available Acreage in Additional Properties
Stream Impact Summary Table and Plan Sheet with Conservation Easement (EC-002)
PreApp Meeting 7/15/2020 Email
We ask that you please review the above mentioned materials and provide any final comments so we may resolve any
outstanding issues. If you have no further questions or concerns, CEC will proceed with the following action items.
ACTION ITEM LIST (upon USACE and NCDEQ permit approvals)
CEC to provide red -line track changed copies of the DRAFT FINAL Alternative Analysis and Appendix G Permittee
Responsible Mitigation, and FINAL CLEAN CHECK COPY versions of all materials for the administrative record.
Please note that for all questions regarding the Catawba Land Conservancy (CLC), CEC has asked Sean Bloom, GIS
Director and Biologist, to provide these responses as he will be the project Conservation Easements POC. Many of the
answers to your inquiries may also be found at the CLC site: Home I Catawba Lands Conservancy
We expect CLC to provide feedback to your questions in the next few days and will submit to you once received.
We would like to thank you for your continued coordination regarding this project.
Thank you,
Kevin Thomas, PWS & LSS (NC, SC & FL) / Principal
Civil & Environmental Consultants, Inc.
3701 Arco Corporate Drive • Suite 400 • Charlotte, NC 28273
Toll -Free: 855-859-9932 • Direct: 980-260-2035 • Fax: [phone]
Mobile: [phone] • http://www.cecinc.com
Senior Leadership • Integrated Services • Personal Business Relationships
CEC CH/VW:TTE CELE8RATINC PO YEARS
This electronic communication and any attachments are intended solely for the use of the person or entity to which it is addressed, and may contain
information that is confidential, privileged and exempt from disclosure under applicable law, including copyright law. If you are not the intended
recipient of this message, you are prohibited from disclosing, reproducing, distributing, disseminating or otherwise using this transmission. Please
promptly notify the sender by reply electronic communication and immediately delete this message from your system.
2

From: Kichefski, Steven L CIV USARMY CESAW (USA) <[e-mail]>
Sent: Monday, March 21, 2022 4:08 PM
To: Jason Conner <[e-mail]>; Thomas, Kevin <[e-mail]>
Cc: Sue Homewood <[e-mail]>; Hamstead, Byron <byron [e-mail]>; Bowers, Todd
<[e-mail]>; Munzer, Olivia <[e-mail]>; Jones, M Scott (Scott) CIV USARMY CESAW
(USA) <[e-mail]>; Stygar, KRYSTYNKA B CIV USARMY CESAW (USA)
<[e-mail]>
Subject: SAW-2020-00436 Hedrick Industries - Lake Norman Quarry Public Notice Comment Response
Mr. Conner,
Please find the attached letter providing comment responses to the public notice regarding your application for
expansion of the Hedrick Industries, Inc. — Lake Norman Quarry. Your response to the comments identified must be
given full consideration before we can make a final decision on your application. We need your information to address
the concerns/issues raised over the proposed project.
This electronic copy is your official Department of the Army Notification. I paper copy will be provided upon request.
Feel free to contact me with any questions.
Regards,
Steve Kichefski
Regulatory Project Manager
U.S. Army Corps of Engineers
Wilmington District, Asheville Field Office
151 Patton Avenue, Suite 208
Asheville, NC 28801
(828)-271-7980 Ext. 4234
(828)-933-8032 cell
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at our website at
https://regulatory.ops.usace.army.mil/customer-service-survey/ to complete the survey online.
3

Public Notice Comment Response Matrix — Long Term Stewardship / CE Holder Questions
Hedrick Gravel & Sand Co -Lake Norman Quarry Mine Expansion - Alternatives Analysis
Hedrick Industries, Forney Creek Relocation, Lincoln County, NC SAW-2020-00436
#
Location
Type of
Comment
Agency Comment
Reviewer
CLC Response
Document
Date
Section,
Page
S, C, A
14. a.
Alternatives
Analysis
3/21
Long Term
Stewardship
/ CE Holder
Questions
S
Are they willing and able to enforce the easement
restrictions?
SK
Yes, Catawba Land Conservancy (CLC) is willing and able to enforce the
easement restrictions.
14. b.
Alternatives
Analysis
3/21
Long Term
Stewardship
/ CE Holder
Questions
S
How is the organization formed (non-profit, govt. entity,
etc?)
SK
CLC is a 501(c)(3) non-profit.
14. c.
Alternatives
Analysis
3/21
Long Term
Stewardship
/ CE Holder
Questions
S
Are they licensed to operate in North Carolina?
SK
CLC is licensed to operate in North Carolina.
14. d.
Alternatives
Analysis
3/21
Long Term
Stewardship
/ CE Holder
Questions
S
Are they an accredited Land Trust?
SK
CLC is an accredited Land Trust.
14. e.
Alternatives
Analysis
3/21
Long Term
Stewardship
/ CE Holder
Questions
S
How long have they been around?
SK
CLC was established 31 years ago.
14. f.
Alternatives
Analysis
3/21
Long Term
Stewardship
/ CE Holder
Questions
S
How big is their staff?
SK
CLC has approximately 22 staff members.
14. g.
Alternatives
Analysis
3/21
Long Term
Stewardship
/ CE Holder
Questions
S
What are their connections to the proposed site? (e.g.,
are there any board members or others that have an
interest to the site?) Are any employees of the company
affiliated with mitigation banks or their sponsors?
SK
CLC does not identify any Board conflicts; no employees are affiliated with
mitigation banks or sponsors.
14. h.
Alternatives
Analysis
3/21
Long Term
Stewardship
/ CE Holder
Questions
S
How do they monitor these sites (frequency, staffing, on -
site or remotely)? Do they monitor themselves or
contract it out? Provide a site inspection Standard
Operating Procedure (SOP), report template and/or
example if available.
SK
Annual on -site monitoring is conducted by CLC staff, with additional aerial
monitoring every 2-4 years; monitoring policies in Policy Manual and report
form attached.
14. i.
Alternatives
Analysis
3/21
Long Term
Stewardship
/ CE Holder
Questions
S
Do they contact neighboring landowners?
SK
CLC contacts neighboring landowners as needed for notification of
monitoring visit, access, or in event of violation.
14. j
Alternatives
Analysis
3/21
Long Term
Stewardship
S
How do they handle violations?
SK
Procedure for violations found in Policy Manual (attached).

Public Notice Comment Response Matrix — Long Term Stewardship / CE Holder Questions
Hedrick Gravel & Sand Co -Lake Norman Quarry Mine Expansion - Alternatives Analysis
Hedrick Industries, Forney Creek Relocation, Lincoln County, NC SAW-2020-00436
#
Location
Type of
Comment
Agency Comment
Reviewer
CLC Response
Document
Date
Section,
Page
S, C, A
/ CE Holder
Questions
14. k.
Alternatives
Analysis
3/21
Long Term
Stewardship
/ CE Holder
Questions
S
Are there separate funds set aside for legal defense if
necessary? Have they bought funds or additional
coverage to aid in legal defense for this site and if so,
would it cover all legal fees in the case of an
encroachment?
SK
Yes, CLC maintains legal defense funds and has conservation insurance
coverage through Terrafirma to supplement legal defense funds. CLC is
g g pp g
responsible for a deductible under Terrafirma insurance.
14. I.
Alternatives
Analysis
3/21
Long Term
Stewardship
/ CE Holder
Questions
S
Do they hold the easement themselves, or are they just
the land steward? If so, approximately how many
easements do they hold and the approximate total
acreage in North Carolina?
SK
CLC holds conservation easements and would hold the proposed easement.
CLC currently has 130 conservation easements comprised of approximately
11,199 acres.
14. m.
Alternatives
Analysis
3/21
Long Term
Stewardship
/ CE Holder
Questions
S
Do they currently hold mitigation bank easements in
other districts? If so, please provide the name of the
district and a contact person.
SK
No; hold mitigation bank easements on two other properties but within
same district.
14. n.
Alternatives
Analysis
3/21
Long Term
Stewardship
/ CE Holder
Questions
S
If applicable, are they able to provide for management
practices that are unique to the site that require special
consideration (e.g., burning, invasive control, beaver
management, etc.)?
SK
CLC directs landowners on CE sites to technical resources on specialized
management practices, but do not implements such practices on easement
sites.
14. o.
Alternatives
Analysis
3/21
Regarding
Endowments
S
How is their financing structured?
SK
Private donations, corporate sponsorships, and grants fund CLC's day -to -
day operations. Additionally, we maintain a minimum of a 6-month cash
reserve. Our Stewardship Endowment is a non -wasting managed
investment endowment whose proceeds supplement CLC's general
operating budget.
14. p.
Alternatives
Analysis
3/21
Regarding
Endowments
S
How big an endowment is required?
SK
CLC estimates an endowment of $20,000.
14. q.
Alternatives
Analysis
3/21
Regarding
Endowments
S
How do they determine the endowment size? (Typically,
the long-term steward/CE holder will itemize via an
endowment calculator — the TLC calculator is also on
RIBITS as a reference.)
SK
Stewardship and legal defense funds are calculated by Stewardship staff
based on a multiplier using factors including property size and location and
CE reserved rights.
14. r.
Alternatives
Analysis
3/21
Regarding
Endowments
S
Do they manage the endowments, or are they funded
through a financial mechanism for these sites?
SK
Endowment is held at Bragg Financial where it is managed in coordination
with CLC's Finance Director.
14. s.
Alternatives
Analysis
3/21
Regarding
Endowments
S
How will the endowment be funded (up front in a lump
sum or though the monitoring period)?
SK
Stewardship and legal defense funds are paid in a lump sum at time of
closing and deposited into the endowment.

Public Notice Comment Response Matrix — Long Term Stewardship / CE Holder Questions
Hedrick Gravel & Sand Co -Lake Norman Quarry Mine Expansion - Alternatives Analysis
Hedrick Industries, Forney Creek Relocation, Lincoln County, NC SAW-2020-00436
#
Location
Type of
Comment
Agency Comment
Reviewer
CLC Response
Document
Date
Section,
Page
S, C, A
14. t.
Alternatives
Analysis
3/21
Regarding
Endowments
S
If they do manage the endowment (type of account,
provide a cap rate, is the cap rate already adjusted for
inflation, etc.)?
SK
Invested in a blend of stocks and bonds.
14. u.
Alternatives
Analysis
3/21
Regarding
Endowments
S
Is the endowment put into a combined fund or kept
separate for each site?
SK
The endowment is put into a combined fund.
14. v.
Alternatives
Analysis
3/21
Regarding
Endowments
S
Are the funds used for anything other than stewardship
of the site?
SK
No, the stewardship fund and legal defense fund are used only to support
Stewardship operations and monitoring in a draw up to 4.5% per year or to
cover costs of easement defense or enforcement.
14. w.
Alternatives
Analysis
3/21
Regarding
Endowments
S
Is the easement holder and/or land manager able to
access the entire endowment or is there a financial
instrument that provides annual funding? (This gets to
the question of whether an endowment can be used up,
leaving no funding if long-term steward must be replaced
or whether it is non -wasting.)
SK
The Land Stewardship Endowment is a non -wasting endowment. Per the
requirements of the Policy Manual, with approval from Board of Directors,
CLC may draw up to 4.5% from the stewardship fund to cover the costs of
monitoring conservation easements or withdraw funds from Legal Defense
where there are approved legal costs associated with easement defense or
enforcement.
14. x.
Alternatives
Analysis
3/21
Regarding
Endowments
S
What is the name and location of the financial institution
that holds their accounts?
SK
Bragg Financial.
To add additional rows, place cursor in the bottom right cell and hit « Tab».
Comment Types: C=Critical; S= Substantive; A=Administrative (See definitions below)
DEFINITIONS
Critical — Comments identifying deficiencies that, if not addressed, would cause the document to be insufficient.
Substantive — Comments identifying an item in the document that requires more information; and or/appears to be, or is potentially, incorrect, misleading, or confusing.
Administrative — Comments identifying minor inconsistencies between different sections or errors in typography and grammar.
Reviewers: Please provide your name, title, commercial phone number, email address, and date of comments
• SK — Steve Kichefski, Project Manager, Asheville Regulatory Field Office, United States Army Corps of Engineers, [e-mail]
• CLC — Sean Bloom, Biologist and GIS Director, Catawba Lands Conservancy 1 Carolina Thread Trail, [e-mail], 704.342.3330 ext. 1204

- CATAWBA-
LANDS CONSERVANCY
Policy Manual
[As Adopted by the Board of Directors on November 14, 2018, revised February
20, 2019; July 8, 2020; May 19, 2021; February 9, 2022]

Catawba Lands Conservancy
Policy Manual
Table of Contents
Page
I. INTRODUCTION 1
II. EQUAL OPPORTUNITY 1
III. STATEMENT OF ETHICS 1
IV. BOARD MEMBERSHIP 1
A. General Criteria 1
B. Board Recruiting and Nominating 2
C. New Board Member Orientation 2
D. Board Member Expectations 2
V POLICIES AND OBLIGATIONS OF THE BOARD OF DIRECTORS 3
A. Authority 3
B. Board Responsibilities and Duties; Access to Information 3
C. Fiduciary Duties 3
D. Board Minutes 3
E. Resolutions and Policies 3
F. Term Limits 4
G. Board Meetings; Attendance 4
H. Delegation of Authority 4
VI. GENERAL ORGANIZATION POLICIES 5
A. Conflict of Interest 5
B. Prohibition on Involvement or Endorsement of Controversial or Political Issues 6
C. The Conservancy's Planning Process 6
D. Risk Management 7
E. Records Policies 7
VII. FISCAL AND ASSET MANAGEMENT 10
A. Financial Records 10
B. Financial Statements 10
C. Audits 10
D. Form 990 10
E. Investment Objectives and Policy 10
F. General Operating Fund 12
G. Annual Budget 12
H. Check Signing Policy 12
I. Fraud Policy 12
VIII. PERSONNEL POLICIES 12
A. Board —Staff Lines of Authority 12
-ii-

B. Personnel Policies 12
C. Compensation 12
D. Staff Positions 12
E. Staff Conduct 13
F. Performance Reviews 13
IX. LAND ACQUISITION GUIDELINES, POLICIES AND PROCEDURES 13
A. Land Acquisition Project Priorities 13
B. Land Acquisition Policies and Procedures 13
X. LAND STEWARDSHIP GUIDELINES, POLICIES AND PROCEDURES 23
A. Baseline Documentation 23
B. Land Stewardship Fund and Legal Defense Fund 24
C. Monitoring of Conservation Easements 26
D. Successor and Adjacent Landowners 29
E. Enforcement of Conservation Easements 29
F. Amendments and Modifications to Conservation Easements 31
G. Monitoring and Defense of Conservancy -Owned Preserves 34
H. Stewardship Management Plans for Conservancy Preserves 35
I. Public and Private Access on Conservancy Preserves 36
J. Insurance 37
K. Conservation Management License Agreements 37
XI. FUNDRAISING AND DEVELOPMENT 38
A. Fundraising Policy 38
B. Procedures for Documenting Contributions 40
C. Processing 40
D. Relationship with Donors 40
E. Capital Campaigns 40
F. Land Protection Fundraising 40
G. Planned Giving 41
H. Solicitations 41
XII. OUTREACH AND EDUCATION 41
A. Informing Members and Supporters 41
B. Informing the General Public 42
C. Inclement Weather Plan 42
D. Safe and Welcoming Environment 42

X. LAND STEWARDSHIP GUIDELINES, POLICIES AND PROCEDURES
B. Land Stewardship Fund and Legal Defense Fund
1. Scope. This policy sets forth the procedures for requesting contributions to the
Conservancy's Land Stewardship and Legal Defense Fund (the "Fund"). In accepting a conservation
easement or fee simple ownership of a property, the Conservancy is making an important long-term
commitment. The Conservancy assumes the legal responsibility of carrying out the donor's intentions
(conservation purposes or values) by upholding the terms of the conservation easement or the conservation
intent of the land donation in perpetuity. This stewardship and monitoring responsibility involves costs for
staff time, travel, photographs and documentation for annual site visits and preparation of monitoring
reports. Stewardship costs for fee -owned properties also include items such as fence repair, boundary
signage and even in some cases comprehensive wetland management. Additional costs will be incurred if
legal action is necessary. To provide for payment of these expenses, the Conservancy requires a calculated
contribution to the Fund for each property. The amount of the contribution, based on a formula that projects
costs, is set aside solely to cover the future costs of monitoring, managing and defending the property. The
Fund enables the Conservancy to honor its commitment to monitor and protect the conservation values of
fee owned land and conservation easements in perpetuity.
2. Basic Operating Principles.
a. The Conservancy generally does not accept property or conservation
easements without a contribution to the Fund. These contributed amounts may be provided by the grantor,
other interested parties, the Conservancy's general operating accounts or the Ketner Fund.
b. The necessary contribution to the Fund may be provided in any of the
following ways:
• contribution in full at the time of the title transfer or the recording of the conservation
easement deed, which is the Conservancy's general policy;
• under certain limited circumstances, and with approval from the Land Acquisition and
Land Stewardship Committees, partial contribution at the time of the title transfer or
conservation easement recording, with additional pledged contributions at a schedule
agreed to by grantor and the Conservancy and the shortfall contributed from the Ketner
Fund until the contribution has been paid in full; or
• contribution at the time of the donor's death, taking into account the time value of money;
In addition, at the discretion of Conservancy's Board of Directors, in exceptional circumstances,
the amount of contributions may be changed or the contribution may be deferred. However, at the time of
closing, the funding must be secured by an agreement or pledge, or the Conservancy must have a plan to
raise the funds.
c. Contributions to the Fund are retained in two accounts: one specific to
legal defense and one specific to stewardship. Income generated by the Fund will be available for all
properties that the Conservancy protects.
3. Considerations in Determining Land Stewardship Fund and Legal Defense
Contribution. Factors to consider when establishing the amount of a contribution for a particular
conservation property include (but are not limited to):
-4-

• size and nature of the property to determine time required for an on -site annual monitoring
vi sit;
• location relative to the Conservancy's office as well as other nearby conservation
properties to determine travel time and costs;
• (for conservation easements): complexity of the easement and the extent to which easement
provisions will require a significant amount of staff time (e.g.; reserved rights, farm and
forestry plan review);
• (for fee acquisitions): complexity of issues and the extent to which staff time will be
required to manage the property, including whether a Carolina Thread Trail segment is or
will run through the property, any other expected public access, likelihood of trespass, pre-
existing easements or agreements, presence of unique or listed (e.g., threatened,
endangered) species, and if there is a third party easement holder, the likelihood of a third
party violation;
• general administrative expenses (site visit notification, follow-up);
• likelihood of a violation (multiple neighbors, multiple owners, etc.); and
• the effect of inflation on the Fund, given that the Fund should grow by at least the rate of
inflation so the Conservancy will be able to maintain its monitoring and enforcement
capacity.
4. Procedures.
a. Early in the project negotiations, Conservancy staff discusses with the
landowner factors affecting perpetual stewardship and legal defense, and the relevant provisions of this
policy.
b. Conservancy staff prepares a preliminary land stewardship budget
estimate for review with the landowner or funding sources. The method of calculating the amount to be
contributed to the Fund is as follows:
• Estimate the annual stewardship costs based on considerations outlined above.
• Determine the principal required to fund the estimated stewardship expenses based on the
Conservancy's investment policy for the Fund, limiting the distribution of investment
income to no more than 4.5%. Any remaining investment income is invested back into the
principle in order to compensate for the historical effects of inflation. For example, annual
expenses of $450 require a stewardship contribution of $10,000 ($450/0.045=$10,000).
c. Receipt of each Fund contribution is acknowledged by the Conservancy
and deposited in the restricted Fund based on the allocations (stewardship or legal defense) in the budget.
d. If a Fund contribution is paid in installments, the donor must sign a pledge
agreement specifying the agreed upon amount and timing of contributions. The Conservancy retains a copy
of the pledge agreement in the property file. The Conservancy's accounting depaitnient sends notices
regarding satisfaction of the pledge agreement.
-5-

E. Enforcement of Conservation Easements
1. Scope. This policy sets forth the procedures the Conservancy follows upon
learning of a suspected easement violation.
2. General Rules. The Conservancy's response to a violation should match the
severity of the violation. Minor violations (i.e., roadside trash, minor tree cutting) may warrant a
written acknowledgement of the violation from Conservancy staff. Major violations (e.g.
construction, excavation, timber harvest) require a swift and formal response. Major violations
include those that cost $5,000 or more to remedy or that inflict irreparable damage to conservation
values. Minor violations generally can be remedied at a cost less than $5,000 and result in damage
to conservation values that can be repaired, except that in some situations a repetitive series of
otherwise minor violations can constitute a major violation.
3. Procedures for Enforcement
a. After discovering the potential violation, Conservancy staff
(including the land stewardship director, staff monitor and legal counsel) review the
conservation easement document. If they conclude the action to be a violation of the
easement's terms, staff informs the Executive Director immediately.
b. If the violation was discovered on a routine monitoring site visit,
staff documents what is currently known about the violation in a written synopsis, which
may include monitors' field photographs, measurements of damage to the affected
resource, signed and dated field notes and explicit comparison with the baseline
documentation. The synopsis is printed on Conservancy letterhead and signed and dated
by the monitor, legal counsel and the Executive Director. The documentation should be
written for an audience that is unfamiliar with the property.
c. If the easement is insured, staff complies with applicable policy
requirements regarding notification, cooperation and defense.
d. If discovery of the violation is after the fact, the Land Stewardship
Committee participates in the evaluation and formulation of remedies. If the violation is
ongoing and response time is of the essence, staff and the Executive Director evaluate the
information associated with the violation and formulate the immediate plan of response.
e. Staff contacts the landowner by telephone, explains the situation
and the Conservancy's policy on easement violations, requests correction of the violation,
replacement and/or cessation of the activity and sets a deadline for compliance.
f. Staff follows up the telephone call with a letter, sent via certified
mail, reiterating the oral explanation and request and the need for a compliance inspection.
Conservancy staff will send the correspondence via certified mail.
g. Staff, together if possible with the Chair of the Land Stewardship
Committee, inspect the property after the deadline date for compliance.
h. If the landowner promptly complies, staff sends a written
acknowledgement of compliance.
-6-

i. If the landowner does not comply by the established date, staff
sends a second letter via certified mail restating the required corrections and establishing a
second deadline date. A copy of this letter is sent to legal counsel for the Conservancy.
j. Staff, together if possible with the Chair of the Land Stewardship
Committee, inspect the property on the second deadline date.
k. If the landowner complies with the required corrections, staff
sends a written acknowledgement of compliance.
1. If the landowner does not comply by the second deadline date, the
Land Stewardship Committee re-evaluates the situation. The committee may recommend
to the Board that the Conservancy pursue enforcement through more formal legal channels
(i.e., arbitration/mediation, litigation). Judicial proceedings are viewed as a last resort. If
a violation requires court action, the Conservancy should:
• retain and assist qualified legal counsel,
• actively participate in the formulation of the case and
• use the Conservancy's documentation of the violation, baseline
and monitoring documentation and experience of the property to
its fullest advantage.
4. Some actions (i.e., unauthorized timber harvest, construction, etc.) by a landowner
or third party can result in a serious threat to the conservation values of a property.
To protect the conservation values in such cases, the Conservancy works to have
the offending actions stopped immediately. If an attempt to rectify the situation
by working with the landowner or responsible party is unsuccessful, staff uses the
following protocol for such situations: determine whether the activity is a violation
of the conservation easement,
• notify the Executive Director and the Chair of the Land
Stewardship Committee,
• request that the Executive Director seek the approval of the
Executive Committee for an immediate response in the form of
a request for an injunction,
• enlist legal counsel for the injunction process and
• attempt to re-establish productive communication with the
landowner or responsible party.