20231616 Ver 1_Eco Terra - Hazel's Ford - NCDEQ Letter Signed_20240209

1328 Dekalb Avenue NE, Atlanta, GA 30307 | EcoTerra.com

February 8, 2024

North Carolina Department of Environmental Quality
401 & Buffer Permitting Branch
Katie Merritt
1617 Mail Service Center
Raleigh, NC 27699-1617

Dear Katie Merritt:

As we have discussed, Eco Terra, LLC (“Eco Terra”) is seeking to
develop a buffer and nutrient offset mitigation bank called the
Hazel’s Ford project on a portion of the Cheek family property (an
Orange County agricultural property) that is subject to an existing
USDA Natural Resources Conservation Service Farm and Ranch
Lands Protection Program easement held by Orange County, North
Carolina (“NRCS Easement”). Land use currently consists of hayfields
and mature oak-beech-poplar forest. The Hazel’s Ford project will
encompass approximately 12.6 acres of area—or approximately
16.2% of the total land area of 77.6 acres covered by the NRCS
Easement.

Eco Terra believes that its proposed mitigation activities are entirely
consistent with the existing NRCS Easement and the landowners’
reserved rights under Section 15 of that easement to conduct
“natural resource restoration and enhancement activities.” More
importantly, Eco Terra believes its project is consistent with the
statutes and regulations governing mitigation banking in North
Carolina. To that end, Eco Terra instructed its attorneys to draft the
attached request to the Division of Water Resources (“DWR”),
summarizing our assessment of the applicable law and terms of the
NRCS Easement.

Understandably, Eco Terra wants to ensure that DWR agrees with
Eco Terra’s assessment of the law and viability of the site before
investing in further planning, engineering, restoration work, planting,
and related activities to establish a mitigation bank.

1328 Dekalb Avenue NE, Atlanta, GA 30307 | EcoTerra.com

After you have had a chance to review our request, please respond
to confirm that DWR agrees that the Hazel’s Ford site may generate
buffer and nutrient offset credits despite the existing NRCS
Easement.

If you have any questions or if Eco Terra can provide any further
information or details of the proposed project, please do not hesitate
to contact me. If DWR’s attorneys wish to discuss the legal analysis,
they may contact Eco Terra’s attorneys directly: Dan Smith
([e-mail], 336-271-3139) or Alex Elkan
([e-mail], 336-271-3139).

Sincerely,

Michael Beinenson
Eco Terra LLC

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To: North Carolina Division of Water Resources
Nutrient Offset and Buffer Mitigation Program
From: Daniel F. E. Smith and Alexander Elkan, on behalf of Eco Terra, LLC
Date: January 25, 2024
Re: Request to authorize buffer/nutrient offset credits for an Orange County
site subject to an existing USDA Natural Resources Conservation
Service Farm and Ranch Lands Protection Program easement

Our client, Eco Terra, LLC (“Eco Terra”) seeks to establish a buffer and nutrient
offset mitigation bank on approximately 12.6 acres of rural, agricultural property owned
by the Cheek family in Orange County approximately six miles northwest of Chapel Hill,
North Carolina, off Dairyland Road. Eco Terra refers to this proposed project as the
Hazel’s Ford Mitigation Site. See below Figure 4 (aerial map).

Approximately 77.6 acres of Cheek family property, including the Hazel’s Ford
Mitigation Site, are subject to an existing federal Farm and Ranch Lands Protection
Program easement (“NRCS Easement”) pursuant to August 5, 2004 Deed of Conservation
Easement between Everett Wesley Cheek et ux Hazel Cheek and Lewis Roberson Cheek
et ux Evelyn Cheek, as grantors, and Orange County, as grantee. See Orange County
Registry, Book RB3523, Pages 1-21 (Exhibit A hereto).

The Division of Water Resources (“DWR”) should approve the Hazel’s Ford
Mitigation Site to generate buffer and nutrient credits. As this memorandum explains,
the applicable statutory and regulatory framework requires that a buffer or nutrient
mitigation project preserve, restore, or enhance existing land conditions beyond what is
currently required by law (e.g., zoning restrictions or other development limitations) or real
property instruments (e.g., a preexisting conservation easement or deed restriction).

Here, the existing NRCS Easement does not require the activities that would be
conducted for a buffer and nutrient mitigation bank project. Approving the Hazel’s Ford
project and its associated restoration activities will reduce nutrient runoff and
sedimentation loading to the watershed, stabilize stream temperature, increase dissolved
oxygen levels, and restore terrestrial habitat in the riparian area. As a result, the Hazel’s
Ford project will satisfy the legal requirement for ecological benefits that exceed baseline
conditions.

2

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I. The statutory and regulatory framework for mitigation banking in North
Carolina requires credit-generating projects to provide riparian buffer and
nutrient reduction not otherwise required.

A. Riparian Buffers

As part of the Neuse River nutrient strategy, Session Law 1998-221 directed the
Environmental Management Commission to establish a riparian buffer mitigation program
in the Neuse River Basin “to allow [developers] to perform compensatory mitigation in
lieu of” other regulatory requirements regarding protection for riparian buffers. See
Session Law 1998-221, § 1.4. In this basin-specific program, the legislature recognized
permissible mitigation to include “Establishment, restoration, or enhancement of a riparian
buffer that is not otherwise required to be protected.” Id. (emphasis added).

Moving to a statewide strategy, the July 2009 “Act to Promote the Use of
Compensatory Mitigation Banks for Riparian Buffer Protection and Nutrient Offset
Payments” authorized compensatory mitigation banking as a form of mitigation for riparian
buffer loss. Like previous legislation, the July 2009 Act emphasized the requirement that
mitigation occurs for preservation, restoration, or enhancement activities in the riparian
buffer that are “not otherwise required.” See Session Law § 2 (amending N.C. Gen. Stat.
§ 143-214.20).

As it currently reads, N.C. Gen. Stat. § 143-214.20 provides for mitigation through
preservation, restoration, and enhancement that is not otherwise required:

A government entity, as defined in G.S. 143-214.11, may satisfy
compensatory mitigation requirements by any of the following
actions: . . .

(3) Restoration or enhancement of an existing riparian buffer that is
not otherwise required to be protected, or creation of a new riparian
buffer, that will provide protection of water quality that is equivalent
to or greater than that provided by the riparian buffer that is lost in the
same river basin as the riparian buffer that is lost and that is approved
by the Department.

N.C. Gen. Stat. § 143-214.20(a1) (West 2023; eff. July 24, 2009) (emphasis added)
(authorizing compensatory mitigation for Government Entities); id. § 143-214.20(a2)

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(compensatory mitigation for applicants “Other than Government Entities”) (containing
identical language).

Unsurprisingly, the regulations implementating riparian buffer mitigation credits
are consistent with the statute. The regulatory definitions for preservation, enhancement,
and restoration sites recognize that a mitigation project should enhance or restore a buffer
beyond what is currently in existence:

(b)(4) “Enhancement Site” means a riparian zone site characterized
by conditions between that of a restoration site and a preservation site
such that the establishment of woody stems (i.e., tree or shrub species)
will maximize nutrient removal and other buffer function

(b)(11) “Preservation Site” means riparian zone sites that, as
determined by a site visit conducted by the Authority, are
characterized by a forest consisting of the forest strata and diversity
of species appropriate for the location.

(b)(12) “Restoration Site” means riparian zone sites that are
characterized by an absence of trees and by a lack of dense growth of
smaller woody stems (i.e., shrubs or saplings) or sites that are
characterized by scattered individual trees such that the tree canopy is
less than 25 percent of the cover and by a lack of dense growth of
smaller woody stems (i.e., shrubs or saplings).

15A NCAC 2B .0295 (eff. Nov. 1, 2015). In terms of the ratios of square feet of buffer
project area to mitigation units, restoration earns credits at a 1:1 ratio; while enhancement
earns 1 credit for every 2 square feet enhanced; and preservation earns 1 credit for ever 3,
5, or 10 square feet preserved (depending on the location and type of stream. Id.
2B.0295(m). Rule .0295 also requires “a perpetual conservation easement or similar
preservation mechanism to ensure perpetual stewardship that protects the mitigation site’s
nutrient removal and other water quality functions.” .0295(l)(2)(A) (emphasis added).

B. Nutrient Offsets

With respect to nutrient offsets, the legislature in 2009 authorized the
Environmental Management to adopt rules providing for nutrient offset credits that were
consistent with existing rules “for implementation of nutrient management strategies.”
Session Law 2009-337, § 4.(a). As it currently reads, the governing statute provides:

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Nutrient offset credits may be purchased to offset nutrient loadings to
surface waters as required by the Environmental Management
Commission. Nutrient offset credits shall be effective for the duration
of the nutrient offset project unless the Department of Environmental
Quality finds the credits are effective for a limited time period.
Nutrient offset projects authorized under this section shall be
consistent with rules adopted by the Commission for implementation
of nutrient management strategies.

N.C. Gen. Stat. § 143-214.26(a) (West 2024; eff. Oct. 10, 2023).

The Environmental Management Commission’s implementing regulations require
any credit-generating nutrient offset activities to be additional to any existing requirements.
This is found throughout the implementing regulations:

• “Load reductions eligible for credit shall not include reductions used to
satisfy other requirements under the same nutrient strategy.” 15A NCAC
2B.0240(c)(1) (eff. April 1, 2020) (emphasis added).

• “Nutrient reduction credit sought on developed lands shall be calculated in
relation to load reductions achieved relative to the project site’s current
loading condition, as determined by the provider and verified by the
Division.” Id. 2B.0703(d)(1) (eff. April 1, 2020) (emphasis added).

• “Unless specifically excepted in Rule, reductions shall not include those
already implemented to satisfy other requirements under the same nutrient
strategy; other local, State or federal requirements; or those resulting from
State or federal compensatory mitigation requirements. Specifically, a
nutrient reduction project shall not generate nutrient offset credits and buffer
or wetland mitigation credits in spatially overlapping areas. However,
restored forest buffer areas associated with stream mitigation projects may
generate both stream and nutrient offset credits in spatially overlapping areas
within 50 feet from the top of the stream bank.” Id. 2B.0703(d)(3).

• The Mitigation Banking Instrument (MBI) should detail how bank
sponsor/landowner will “provide a conservation easement or similar legal
mechanism to be recorded with the County Register of Deeds and that is
sufficient to ensure protection and maintenance of load reductions for the
stated duration. Id. 2B.0240(c)(6)(C) (emphasis added); see also id.
.0703(e)(1) (“A nutrient offset banking instrument shall provide legal and

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financial assurances that a provider will implement, maintain, and sustain
nutrient reduction projects as proposed in subsequent project plans and
associated nutrient reduction practice design specifications.” (emphasis
added)).

II. The existing NRCS Easement on the Hazel’s Ford site does not require the
activities that would be conducted for a buffer and nutrient mitigation bank
project.

The August 3, 2004 NRCS Easement does not provide for riparian buffer and
nutrient offset activities on the 12.6 acres that Eco Terra proposes to use for the Hazel’s
Ford project. See Orange County Registry, Book RB3523, Pages 1-21 (Exhibit A hereto).

The total acreage for the NRCS Easement extends across approximately 77.6 acres.
The primary purpose of the NRCS Easement is “to protect the agricultural soils and
agricultural viability and productivity” of the Hazel’s Ford property. See id. p. 1 (second
whereas clause); id. p. 4, § 2. The secondary purpose of the easement is to protect “natural,
wildlife habitat, and scenic resources.” Id. The more precise restrictions of the easement
generally protect agricultural uses, but do not provide for the riparian buffer and nutrient
offset functions that would be obtained from an Eco Terra-sponsored enhancement or
restoration project. Specifically, those restrictions include the following:

1. The right to develop the property (except as permitted by the easement) is
extinguished. NRCS Easement p. 4, § 1.
2. Cattle and other livestock must be excluded from a 50-foot stream buffer and
the “Pickards Mountain Natural Area.” Id. p. 5, § 4.
3. The property may be subdivided once into two (2) parcels. No further
subdivision of the property is permitted. Id. p. 7, § 8.
4. Mining is generally prohibited. Id. p. 9, § 11.
5. Paving and road construction is generally prohibited except on existing
roads. Id. p. 9, § 12. Impervious surfaces are limited to 2% of the total
property and 12% of the “Farmstead Area.” Id. p. 6, § 7(b).
6. Dumping and trash disposal is prohibited as is placement of underground
storage tanks (except for those used to support agricultural use). Id. pp. 7, 9,
10, §§ 7(f), 13.
7. The construction of “buildings and other improvements” is generally
prohibited unless authorized (for existing buildings or improvements to
them). Id. p. 6, § 7. “However, under no circumstances shall golf courses or
ranges, airstrips or helicopter pads be constructed, placed or permitted to
remain on the Property.” Id. p. 7, § 7(e).

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8. Billboards are generally prohibited. Id. p. 10, § 16.
Although it does not provide for riparian buffer and nutrient offset functions, the
NRCS Easement specifically reserves the landowners’ right to use of the property for
additional restoration and enhancement activities, providing:

Natural Resource Restoration and Enhancement Activities.
Notwithstanding any terms contained within this Conservation
Easement, Grantors may engage or contract others to engage in any
activity designed to repair, restore, or otherwise enhance the natural
resources found or once present on the Property, that are consistent
with the conservation values of this Conservation Easement and
subject to the written approval of Grantee [Orange County1] and
NRCS.

Id. p. 10, § 15. Relatedly, the landowners also specifically reserved: (1) the “right to farm”;
(2) use of the Farmstead Area of the property for “customary rural enterprises”; (3) use of
the entire property for “low impact recreational activities such as hunting, fishing, hiking,
bird watching, etc.”; (4) the right to conduct certain forest management activities, with the
level of restriction depending on the area of the property at issue; (5) the right to plant and
remove an orchard within the areas identified as Agricultural Fields; and (6) the right to
land apply sewage sludge (in accord with applicable laws). See id. pp. 5, 7-10 §§ 4, 6, 7(e),
10, 13.

The NRCS Easement, since it is recorded first, arguably could restrict activities for
the Eco Terra conservation easement required to generate riparian buffer and nutrient offset
credits. But nothing in the NRCS Easement conflicts with the use of stream-adjacent
portions of the Hazel’s Ford property to generate riparian buffer and nutrient offset credits.
Instead, the two easements are compatible. Put simply, the landowners’ exercise of their
reserved rights under the NRCS Easement cannot, as a matter of logic, conflict with the
NRCS Easement.

1 Eco Terra is currently in the process of seeking the approval of Orange County and the NRCS to
use the Hazel’s Ford site to generate riparian buffer and nutrient offset credits.

EXHIBIT A

Ill II Ill I II II I IIIIIIIIIII II IIII IIIIIIIIII Ill llll I Ill 20040805000220470 EASE
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Orange County NC 08/06/2004
State of North Carolina
Real Estate Excise Tax
Excise Tax: $1141 .00
STATE OF NORTH CAROLINA C\ 8 5 l) -') i .. 5 7 4-/ ,:~1 .. 14 "°~ COUNTY OF ORANGE , Y
PREARED BY: GEOFFREY GLEDHILL AND RETURN TO: GEOFFREY GLEDHILL
o.o. DRAWER 1s29, HILLSBOROUGH, NW~TY ·-g-e.v. s~ dlJJ"ll•DD
DEED OF AGRICULTURAL CONSERVATION EASEMENT
This Deed of Agricultural Conservation Easement ("Conservation Easement 11
) is granted
on this~ day of A"' ,,Jt , 2004, by EVERETT WESLEY CHEEK et ux HAZEL
CHEEK, having an~dress of2328 Dairyland Road, Chapel Hill 27516 and LEWIS
ROBERSON CHEEK et ux EVELYN CHEEK, having an address of 1811 Dairyland Road,
Chapel Hill, NC 27516 (referred to as "Grantors"), to ORANGE COUNTY, NORTH
CAROLINA, having an address of Post Office Box 8181, Hillsborough, NC 27278 (referred to
as "Grantee").
WHEREAS:
Granters are the sole owners in fee simple, of certain farm Property, more particularly
described in Exhibit A, attached hereto and incorporated herein (the "Property"), which consists
of approximately 77.6 acres of land, located in Chapel Hill and Bingham townships, Orange
County, North Carolina and identified as "Tract l" on the plat of property titled "Boundary
Survey for Lewis Cheek and Everett Cheek," prepared by Brady H. Goforth and Associates, Inc.,
which plat is recorded at Plat Book 'lS___, Pagef63 Orange County Registry (a part of the property
having the Orange County PIN: 9850-96-5741). The Property includes buildings and other
improvements, which are shown on Exhibit B, attached hereto and incorporated herein.
The Property consists primarily of productive agricultural land. The majority of the soils
on the Property have been classified as "prime" or "statewide important" soils by the Natural
Resources Conservation Service, United States Department of Agriculture, (also referred to as
"NRCS" or "the United States.") It is the primary purpose of this Conservation Easement to
protect the agricultural soils and agricultural viability and productivity of the Property.
The Property also includes outstanding woodland and riparian habitats for a variety of
wildlife species of importance to the Granters, the people of Orange County and the people of
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North Carolina. A portion of the Property is within the Pickard's Mountain Natural Area,
described on Pages 96-97 of the Inventory of the Natural Areas and Wildlife Habitats of Orange
County, North Carolina, written by Dawson Sather and Stephen Hall in coordination with the
North Carolina Natural Heritage Program in December 1988. Morgan Creek flows through the
property on its way south to University Lake, a water supply reservoir for the towns of Carrboro
and Chapel Hill. The entire property is within the University Lake Watershed. Furthermore, the
Property contains outstanding scenic qualities that can be enjoyed by the general public, namely
as the views along Dairyland Road (State Road 1112) northwest of Carrboro and Chapel Hill. It
is a secondary purpose of this Conservation Easement to protect these natural, wildlife habitat,
and scenic resources.
The agricultural resources, including the protection of soils, and natural, wildlife habitat,
and scenic resources of the Property to be preserved by this Conservation fa~sement are
collectively referred to as the "conservation values" of the Property.
The specific conservation values of the Property and its current use and state of
improvement are described in a Baseline Report ("Report") prepared by the Grantee with the
cooperation of the Grantors, and acknowledged by both parties to be accurate as of the date of
this Conservation Easement. This Report may be used by the Grantee to document any future
changes in the use or character of the Property in order to ensure the terms and conditions of this
Conservation Easement are fulfilled. This Report, however, 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. The Grantors and Grantee have copies of this Report, and said report will remain on file
at the office of the Orange County Environment and Resource Conservation Department.
The Grantors and Grantee agree that the current agricultural use of, and improvements to,
the Property are consistent with the conservation purposes of this Conservation Easement.
The Grantors intend that the conservation values of the Property be preserved and
maintained, and further, Grantors intend to convey to the Grantee the right to preserve and
protect the agricultural and other conservation values of the Property in perpetuity.
The conservation purposes of this Conservation Easement are recognized by, and the
grant of this Conservation Easement will serve, the following clearly delineated governmental
conservation policies:
(1) Sections 1238 Hand 1238 I of the Food Security Act of 1985, as amended, which
authorizes the Farm and Ranch Lands Protection Program, administered through the United
States Department of Agriculture, Natural Resources Conservation Service, which provides
funds for the acquisition of Conservation Easements or other interests in prime, unique, or other
productive soils for the purpose of limiting conversion to nonagricultural uses of the land;
(2) North Carolina General Statute 139-2 et seq., which provides that "it is hereby
declared ... that the farm, forest and grazing lands of the State of North Carolina are among the
basic assets of the State and the preservation of these lands is necessary to protect and promote
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the health, safety and general welfare of its people ... it is hereby declared to be the policy of the
legislature to provide for the conservation of the soil and resources of this State;"
(3) North Carolina General Statute 106-583 et seq., which states that "It is declared to be
the policy of the State of North Carolina to promote the efficient production and utilization of the
products of the soil as essential to the health and welfare of our people and to promote a sound
and prosperous agriculture and rural life as indispensable to the maintenance of maximum
prosperity;"
( 4) The Uniform North Carolina Conservation and Historic Preservation Agreements Act,
North Carolina General Statute 121-34 et seq., which provides for the enforceability of
restrictions, easements, covenants or conditions "appropriate for retaining in land or water areas
predominantly in their natural, scenic, or open condition or in agricultural, horticultural, farming
or forest use;" and which provides for tax assessment oflands subject to such agreements "on the
basis of the true value of the land and improvement less any reduction in value caused by the
agreement;"
(5) The North Carolina Conservation Tax Credit Program, North Carolina General Statute
105-130.34 and 105-151.12 et seq., which provides for state income tax credits for donations of
land that are useful for fish and wildlife conservation and other similar land conservation
purposes;
(6) The establishment of the North Carolina Farmland Preservation Trust Fund
established in 1986 (N.C.G.S. 106-744(c)) to preserve important farmland in North Carolina;
(7) The special use assessment of farm and forestland as set forth in North Carolina
General Statute 105-277.2 et seq.; and
(8) The zoning of the Property by Orange County as Rural Buffer.
Granters and Grantee have the common purpose of protecting the above-described
conservation values and current condition of the Property and preventing conversion of the
Property to nonagricultural uses and Grantors agree to create and implement a conservation plan
(hereinafter the "Conservation Plan") that is developed utilizing the standards and specification
of the NRCS field office technical guide and 7 CFR part 12, and is approved by the local Soil
and Water Conservation District;
The Grantee is a body politic existing under Chapter 153A of the North Carolina General
Statutes, and is qualified to hold Conservation Easements under the applicable laws of the State
of North Carolina;
NOW, THEREFORE, for the reasons given and other good and valuable consideration,
and in consideration of their mutual covenants, terms, conditions and restrictions contained
herein, the Grantors hereby grant and convey unto the Grantee a Conservation
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Easement, of the nature and character and to the extent hereinafter set forth, in respect to the
Property as described in Exhibit A;
The terms, conditions and restrictions of the Conservation Easement are as hereinafter set
forth:
l. Grant of Agricultural Conservation Easement
Granters hereby voluntarily grant and convey to the Grantee, and the Grantee hereby
voluntarily accepts, a perpetual Agricultural Conservation Easement in the Property, which
easement is an immediately vested interest in real property the nature and character described
herein. Granters promise that they will not perform, nor knowingly allow others to perform, any
act on or affecting the Property that is inconsistent with the covenants herein. Granters authorize
the Grantee to enforce these covenants in the manner described below.
Granters hereby voluntarily grant and convey to the Grantee all development rights for
the Property, except as otherwise reserved and provided by the terms of this Conservation
Easement, that are now or hereafter inherent in the Property. The parties agree that such
development rights are terminated and extinguished, and may not be used on or transmitted to
any portion of the Property, as it now or hereafter may be bounded or described, or transmitted,
transferred or otherwise conveyed to any other property.
2. Statement of Purpose
It is the primary purpose of this Agricultural Conservation Easement to enable the
Property to remain in agricultural use by preserving and protecting its agricultural soils and
agricultural viability and productivity. Except as specifically permitted herein, no activity that
would impair the actual or potential agricultural use of the Property shall be permitted. To the
extent that the preservation and protection of the natural, historic, recreational, habitat or scenic
values referenced in this Conservation Easement are consistent with the primary purpose stated
above, it is within the purpose of this Conservation Easement to also protect those values, and no
activity that would significantly impair those values shall be permitted.
This Conservation Easement shall be perpetual. It is an easement in gross, runs with the land and
is enforceable by Grantee against the Grantors, their representatives, heirs, successors and
assigns, lessees, agents, and licensees.
3. Rights and Responsibilities Retained by Grantors
Subject to the terms and restrictions hereof, the Granters reserve to and for themselves
and their successors the right to quiet enjoyment of the Property and the right to partake in
passive recreation on the Property. The Granters reserve to and for themselves and their
successors all customary rights and privileges of ownership, including the rights to sell, lease,
and devise the Property provided such transaction is subject to the terms of this Conservation
Easement and written notice is provided to the Grantee, together with any rights not specifically
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prohibited by or limited by this Conservation Easement, and consistent with this Conservation
Easement. Unless otherwise specified below, nothing in this Conservation Easement shall
require the Grantors to take any action to restore the condition of the Property after any Act of
God or other event over which they had no control. Grantors understand that nothing in this
Deed relieves them of any obligation or restriction on the use of the Property imposed by law.
4. Right to Farm
Grantors retain the right to farm, or to permit others to farm the Property, consistent with
the conservation values of the Property and in accordance with applicable local, state and federal
laws and regulations.
Subject to the terms of this Agricultural Conservation Easement, farming, grazing,
horticultural and animal husbandry operations are permitted only if conducted consistent with
Best Management Practices promulgated by the State of North Carolina and in conformity with a
Conservation Plan as required in Paragraph 9 of this Conservation Easement.
Cattle and other livestock are allowed to exist and to graze on the Property, except a)
within 50 feet of a stream or other water body orb) within the Pickards Mountain Natural Area-
the locations of which are identified and marked on Exhibit B.
5. Right to Privacy
Grantors retain the right to privacy and the right to exclude any member of the public
from trespassing on the Property. This Conservation Easement does not create any rights of the
public in, on or to the Property.
6. Right to Use the Property for Customary Rural Enterprises
Grantors retain the right to use the portion of the Property within the "Farmstead Area"
(which contains approximately 5 acres) as identified on Exhibit B, and more particularly
described in the Baseline Report, for otherwise lawful and customary rural enterprises, such as,
but not limited to, farm machinery repair, sawmills, firewood distribution, or educational
programs so long as such activities are consistent with Orange County zoning regulations and
permits required by and issued by Orange County under its laws and ordinances, and are
conducted in buildings otherwise permitted under this Conservation Easement in a manner that is
consistent with the conservation purposes of this Conservation Easement. Conducting customary
rural enterprises on any other part of the Property is not permitted without the advance written
permission of the Grantee in each instance. The Grantee shall not give such permission unless
the Grantee determines that the proposed use will not diminish or impair the conservation values
of the Property.
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7. Procedure to Construct Buildings and Other Improvements
The Grantors' rights to construct or reconstruct buildings and other improvements are
described in subparagraphs (a) through (f) below. Any construction or reconstruction not
permitted below, or not previously approved by Grantee, is prohibited. Before undertaking any
construction or reconstruction that requires advance permission, the Grantors shall notify the
Grantee and obtain written permission. All construction or reconstruction is subject to Orange
County zoning regulations and must be consistent with permits required by and issued by Orange
County under its laws and ordinances for such construction activities.
(a) Fences --Existing fences maybe repaired and replaced, and new fences may be
built on the Property for purposes ofreasonable and customary management of livestock and
wildlife or to fence off the perimeter of the Property without any further permission of the
Grantee.
(b) Structures & Improvements --Existing structures, including existing agricultural
structures, and existing improvements may be repaired, reasonably enlarged and replaced at their
current locations within the "Farmstead Area", as shown on Exhibit B, without further
permission from the Grantee. New buildings, barns, sheds and other structures and
improvements to be used primarily for agricultural purposes, including the processing or sale of
farm products predominantly grown or raised on the Property, may be built on the Property
without any further permission of the Grantee provided they are located in the "Farmstead Area"
as identified on Exhibit B. Structures, improvements and other impervious surfaces located on
the Property, including those existing on the date of this Agricultural Conservation Easement,
shall not exceed 2 percent of the total area of the Property. Furthermore, structures,
improvements and other impervious surfaces located in the "Farmstead Area," including those
existing on the date of this Agricultural Conservation Easement, shall not exceed 12 percent of
the total area of the "Farmstead Area" or result in exceeding the total impervious surface limit on
the Property of 2 percent. Any new buildings, structures or improvements proposed for locations
outside the "Farmstead Area" may be built only with the advance written permission of the
Grantee. The Grantee shall give such permission within a reasonable time if it determines that
the proposed building, structure or improvement would not diminish or impair the conservation
values of the Property or otherwise be inconsistent with the purposes of this Conservation
Easement.
(c) Farm Support Housing-No more than one (1) new single -or multi-family -
dwelling to house farm labor tenants, employees or others engaged in agricultural production on
the Property may be built on the Property without any further permission of the Grantee,
provided the dwelling is less than 1,000 square feet in floor area and it is located within the
"Farmstead Area" identified on Exhibit B. At the time that construction of such structure is to
commence, Grantee shall be notified so that its records can be updated.
(d) Single-Family Residential Dwellings -No residential dwellings exist on the
Property. No new residential dwelling may be built on the Property except for that which is
authorized in Paragraph 7 (c) of this Conservation Easement.
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(e) Recreational Improvements -Grantors expressly reserve the right to engage in
undeveloped, low-impact recreational activities such as hunting, fishing, hiking, bird watching,
etc. and to control access of all persons for the purpose of hunting and fishing; provided that
these activities do not impact the protection and conservation of any animal habitat or other
conservation values of the property. However, under no circumstances shall golf courses or
ranges, airstrips or helicopter pads be constructed, placed or permitted to remain on the Property.
Recreational motorized vehicle use is prohibited from any locations on the Property.
(j) Utility Services and Septic Systems --Installation, maintenance, repair,
replacement, removal and relocation of electric, gas, and water facilities, sewer lines and/or other
public or private utilities, including telephone or other communication services over or under the
Property for the purpose of providing electrical, gas, water, sewer, or other utilities to serve
improvements permitted herein, and the right to grant easements over and under the Property for
such purposes, is permitted. Maintenance, repair or improvement of a septic system(s) or other
underground sanitary system that exists on the Property at the time of this Conservation
Easement, or the construction of a septic or other underground sanitary system, for the benefit of
any of the improvements permitted herein, is permitted. The construction of a new well system
and/or a new septic or other underground sanitary system on the Property is permitted within the
area identified and marked as "Farmstead Area" on Exhibit B if necessary to serve the existing
(or its replacement) residential dwelling located immediately adjacent to the Property on property
identified as Orange County PIN: 9850-97-5155. All other utilities are prohibited.
8. Subdivision
The Property currently consists of a portion of one single tract. Hereafter, the Property
may be subdivided into no more than two (2) separate parcels. The subdivision of the Property
may include combining one or both of the subdivided parcels of the Property with adjacent
property. The further subdivision of the Property, the recording of a subdivision plan, partition,
or any other division of the Property is prohibited. This prohibition applies regardless of how
many separately described parcels are contained in the legal description attached as Exhibit A. In
any event, all terms, restrictions, and conditions of this Conservation Easement shall apply to any
subdivided parcel permitted by the terms of this Conservation Easement, including but not
limited to the requirements of agricultural viability of the Property, the restrictions on future
development, the necessity of a Conservation Plan, and the prohibition on activities that are
described in this Deed of Conservation Easement. In the event that the Property as described in
Exhibit A and as configured on the original date of this Conservation Easement is subdivided as
allowed in this Paragraph, the total cumulative impervious surfaces found on all such subdivided
parcels shall not exceed the limit as referenced in Paragraph 7(b) of this Conservation Easement.
In the instrument of conveyance/subdivision, the total permitted impervious surface limit must be
allocated between the said subdivided parcels by the Grantor with prior approval of the Grantee.
It is understood that notice of this Conservation Easement will be recorded on any subdivided,
partitioned or otherwise divided parcels.
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As required by Section 1238 I of the Food Security Act of 1985, as amended, the
Grantors, their heirs, successors, or assigns, shall conduct all agricultural operations on the
Property in a manner consistent with a Conservation Plan prepared in consultation with NRCS
and approved by the Soil and Water Conservation District. This Conservation Plan shall be
developed using the standards and specifications of the NRCS Field Office Technical Guide and
7 CFR Part 12 that are in effect on the date of execution of this Conservation Easement. The
Grantors may, however, develop and implement a Conservation Plan that proposes a higher level
of conservation and is consistent with the NRCS Field Office Technical Guide standards and
specifications. NRCS shall have the right to enter upon the Property, with advance notice to the
Granters, in order to monitor compliance with the Conservation Plan.
In the event of noncompliance with the Conservation Plan, NRCS shall work with the
Granto rs to explore methods of compliance and give the Granto rs a reasonable amount of time,
not to exceed twelve months, to take corrective action. If the Granters do not comply with the
Conservation Plan, NRCS will inform the Grantee of the Granters' non-compliance. The
Grantee shall take all reasonable steps (including efforts at securing voluntary compliance and, if
necessary, appropriate legal action) to secure compliance with the Conservation Plan following
written notification from NRCS that (a) there is a substantial, ongoing event or circumstance of
non-compliance with the Conservation Plan, (b) NRCS has worked with the Granters to correct
such noncompliance, and ( c) Grantors have exhausted their appeal rights under applicable NRCS
regulations.
If the NRCS standards and specifications for highly erodible land are revised after the
, date of this Grant based on an Act of Congress, NRCS will work cooperatively with the Grantors
to develop and implement a revised Conservation Plan. The provisions of this section apply to
the highly erodible land conservation requirements of the Farm and Ranch Lands Protection
Program and are not intended to affect any other natural resources conservation requirements to
which the Granters may be or may become subject.
10. Forest Management
Trees may be removed, cut and otherwise managed to control insects and disease, to
prevent personal injury and property damage, to remove non-native species, for pasture
restoration, for firewood and other non-commercial uses, including construction of permitted
improvements and fences on the Property, so long as it is in accordance with the Conservation
Plan referenced in Paragraph 9 of this Conservation Easement and a forest management plan
prepared by a professional licensed forester approved by Grantee, such approval to not be
unreasonably withheld, that is consistent with the above referenced Conservation Plan.
Any other cutting, removal or harvesting of trees, including any commercial harvesting of
trees, may be undertaken within the areas identified and marked as "Forest" on Exhibit B only if
a) the purpose is for clearing land for cultivation or use by livestock, and b) it occurs outside of
the stream buffer described in Paragraph 4 of this Conservation Easement, and c) it occurs
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outside of the Pickard's Mountain Natural Area, which is located in the western end of the
Property and is identified on Exhibit B, and d) it is in accordance with the Conservation Plan and
forest management plan referred to in this Paragraph 10.
Trees may be planted, harvested and removed within the area identified and marked as
"Farmstead Area" on Exhibit B without the advance written permission of the Grantee, so long as
done in accordance with the Conservation Plan and forest management plan referred to in this
Paragraph 10.
Fruit bearing trees may be planted and removed from an orchard within areas identified
and marked as "Agricultural Fields" on Exhibit B without the advance written permission of the
Grantee.
11. Mining
There shall be no filling, excavation, dredging, mining or drilling, removal of topsoil,
sand, gravel, rock, peat, minerals or other materials; and no change in the topography of the land
in any manner except as necessary for the purpose of combating erosion or flooding in
accordance with the Conservation Plan and as reasonably necessary for any permitted
maintenance, construction or reconstruction on the Property. Disturbed areas for the purpose of
removing soil, gravel, rock, peat, minerals or other materials will be limited to 1 acre in total
surface area and will be restored as soon as practicable after the disturbance. Under no
circumstances is the drilling for or exploration for hydrocarbons permitted in, on or to the
Property.
12. Paving and Road Construction
Construction and maintenance of unpaved farm roads and farm roads not covered by any
other impervious material that may be reasonably necessary and incidental to carrying out the
improvements and uses permitted on the Property by this Conservation Easement are permitted.
Other than the existing entrance driveways within the Farmstead Area, as indicated on Exhibit B,
no portion of the Property shall be paved or otherwise covered with concrete, asphalt, rock or any
other impervious material, without the advance written permission of the Grantee. The Grantee
shall not give such permission unless the Grantee determines that the proposed paving, or
covering of the soil, or the location of any such road, will not diminish or impair the conservation
values of the Property. Any such road covered by any impervious material is subject to
impervious surface requirements in Paragraph 7.
13. Dumping and Trash
Dumping or storage of soil, trash, refuse, debris, ashes, garbage, waste, abandoned
vehicles or parts, appliances, machinery, or hazardous substances, or toxic or hazardous waste, or
any placement of underground or above ground storage tanks or other materials is prohibited.
Provided, however, that the storage of agricultural products, byproducts (including the
composting of biodegradable material for on-farm use) and agricultural equipment used on the
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Property is allowable, so long as such storage is done in accordance with all applicable
government laws and regulations and in such a manner so as to not impair the conservation
values of the Property.
The land application, storage and placement on the Property of domestic septic effluent
and municipal sewage sludge or liquid generated from such sources for agricultural purposes may
be undertaken only if in accordance with all applicable federal, state and local laws and
regulations.
14. Water Rights
Grantors shall retain and reserve the right to use any appurtenant water rights sufficient to
maintain the agricultural productivity of the Property. Grantors shall not transfer, encumber,
lease, sell or otherwise separate such water rights from title to the Property itself, except as may
be necessary for a potential well site for an existing or replacement residential dwelling located
immediately adjacent to the Property consistent with Paragraph 7(f).
15. Natural Resource Restoration and Enhancement Activities
Notwithstanding any terms contained within this Conservation Easement, Grantors may
engage or contract others to engage in any activity designed to repair, restore, or otherwise
enhance the natural resources found or once present on the Property, that are consistent with the
conservation values of this Conservation Easement and subject to the written approval of Grantee
andNRCS.
16. Signs
No new signs shall be permitted on the Property except interpretive signs describing
activities and conservation values of the Property, signs identifying the owner of the Property and
the holder of the Conservation Easement, and signs giving directions or proscribing rules and
regulations for the use of the Property. All signs permitted on the Property shall conform to
applicable Orange County zoning, subdivision and building code regulations.
17. Ongoing Responsibilities of Grantors and Grantee
Other than as specified herein, this Conservation Easement is not intended to impose any
legal or other responsibility on the Grantee or the United States, or in any way to affect any
existing obligation of the Grantors as owners of the Property. Among other things, this shall
apply to:
(a) Taxes --The Grantors shall continue to be solely responsible for payment of all
taxes and assessments levied against the Property. If the Grantee is ever required to pay any
taxes or assessments on its interest in the Property, the Grantor will reimburse the Grantee for the
same.
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(b) Upkeep and Maintenance --The Grantors retain all responsibilities and shall bear
all costs and liability of any kind related to the ownership, operation, and upkeep and
maintenance of the Property, including the maintenance of adequate comprehensive general
liability insurance coverage. The Grantee and the United States shall have no obligation for the
upkeep or maintenance of the Property. Grantors will remain responsible for upkeep,
maintenance, and repairs to any impoundments located on the Property.
(c) Liability and Indemnification --Grantors agree to indemnify and hold Grantee and
the United States harmless from any and all costs, claims or liability, including but not limited to
reasonable attorneys' fees arising from any personal injury, accidents, negligence or damage
relating to the Property, or any claim thereof, unless due to the negligence of Grantee or its
agents, in which case liability shall be as provided by law. In addition, Grantors agree to
maintain liability insurance covering the Property with the limits as follows: $300,000, $300,000
personal injury; and $300,000 property damage; and warrant that Grantee is and will remain a
named insured on Grantors' Property insurance policies covering the Property. Grantors shall
provide Grantee with a certificate of insurance coverage on the effective date of this
Conservation Easement and within 10 days of each insurance renewal date.
18. Extinguishment of Development Rights
Except as otherwise reserved to the Grantors in this Conservation Easement, the parties
agree that all development rights appurtenant to the Property are hereby released, terminated and
extinguished, and may not be used on or transferred to any portion of the Property as it now or
hereafter may be bounded or described, or used or transferred to any other property adjacent or
otherwise, nor used for the purpose of calculating permissible lot yield of the Property or any
other property.
19. Enforcement
With reasonable advance notice provided to the Grantors or with the Grantors' prior
verbal consent, the Grantee shall have the right to enter the Property for the purpose of inspecting
for compliance with the terms of this Conservation Easement. The Grantee shall have the right
to prevent violations and remedy violations of the terms of this Conservation Easement through
judicial action, which shall include, without limitation, the right to bring proceedings in law or in
equity against any party or parties attempting to violate the terms of this Conservation Easement.
Except when an ongoing, or imminent violation could irreversibly diminish or impair the
conservation values of the Property, the Grantee shall give the Granters written notice of the
violation and thirty (30) days to cure the violation, before commencing any legal proceedings.
The Grantee may obtain an injunction to stop a violation or a threatened violation, temporarily or
permanently. The parties agree that a court may issue an injunction or order requiring the
Grantors to restore the Property to its condition prior to the violation, as restoration of the
property may be the only appropriate remedy. In any case where a court finds that a violation has
occurred, the Grantors shall reimburse the Grantee for all its expenses incurred in stopping and
correcting the violation, including but not limited to reasonable attorneys' fees. The failure of the
Grantee to discover a violation or to take immediate legal action shall not bar it from doing so at
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a later time for that violation or any subsequent violations. In any case where a court finds no
such violation has occurred, each party shall bear its own costs. In any case where the court finds
that there was a complete absence of a justiciable issue of either law or fact raised by the losing
party, the court may award a reasonable attorney's fee to the prevailing party as provided by law.
In the event that Grantee fails to enforce any of the terms of this Conservation Easement,
as determined in the sole discretion of the Secretary of the United States Department of
Agriculture, the said Secretary of Agriculture and his or her successors and assigns shall have the
right to enforce the terms of the Conservation Easement through any and all authorities available
under federal or State law. In the event that Grantee attempts to terminate, transfer, or otherwise
divest itself of any rights, title, or interests of this Conservation Easement without the prior
consent of the Secretary of the United States Department of Agriculture and payment of
consideration to the United States, then, at the option of such Secretary, all right, title, and
interest in this Conservation Easement shall become vested in the UNITED STATES OF
AMERICA.
20. Transfer of Conservation Easement
Subject to the contingent rights of the United States of America as specified in paragraph
19 and other pertinent paragraphs herein, and with timely written notice to and approval of the
United States Department of Agriculture, the Grantee shall have the right to transfer the
Conservation Easement created by this Deed to any public agency, provided the agency expressly
agrees to assume the responsibility imposed on the Grantee by this Deed.
21. Transfer of Property
The Grantors agree to incorporate by reference the terms of this Conservation Easement
in any deed or other legal instrument by which they transfer or divest themselves of any interests,
including leasehold interests, in all or a portion of the Property. The Grantors shall notify the
Grantee in writing at least thirty (30) days before conveying the Property, or any part thereof or
interest therein. Failure of Grantors to do so shall not impair the validity of this Conservation
Easement or limit its enforceability in any way.
22. Amendment of Conservation Easement
This Conservation Easement may be amended only with the written consent of the
Grantee and the Grantors. Any such amendment shall be consistent with the Statement of
Purposes of this Conservation Easement and with the Grantee's Conservation Easement
amendment policies, and shall comply with Section 170(h) of the Internal Revenue Code or any
regulations promulgated in accordance with that section. Any such amendment shall be duly
recorded. Grantee shall give notice of any amendment to and secure prior approval from the
United States.
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23. Procedure in the Event of Termination of Conservation Easement
If it determines that conditions on or surrounding the Property change so much that it
becomes impossible to fulfill the conservation purposes of this Conservation Easement, a court
with jurisdiction may, at the joint request of both the Granters and the Grantee and with prior
consent of the United States Department of Agriculture as provided herein, terminate or modify
the Conservation Easement created by this Deed in accordance with applicable State law. If the
Conservation Easement is terminated and the Property is sold then as required by Section 1.1
70A-14(g)(6) of the IRS regulations, the Grantee shall be entitled to sixty-nine percent (69%) of
the net sale proceeds ( equal to the ratio of the appraised value of this Conservation Easement to
the unrestricted fair market value of the Property, as these values are determined on the date of
this Conservation Easement), subject to any applicable law which expressly provides for a
different disposition of the proceeds. The Grantee and the United States of America shall divide
the resulting proceeds in accordance with the percentage of the purchase price of the
Conservation Easement that each party contributed. The percentages are 59% for the Grantee
and 41 % for the United States of America.
All termination related expenses, including reasonable attorney fees, incurred by the
Granters and the Grantee shall be paid out of any recovered proceeds prior to distribution of the
net proceeds as described herein.
24. Procedure in the Event of Condemnation or Eminent Domain
Granters and Grantee recognize that the partial sale of this Conservation Easement gives
rise to a property right, immediately vested in the Grantee, with a fair market value equal to the
proportionate value that the Conservation Easement bears to the value of the Property prior to the
restrictions imposed by the Conservation Easement. Accordingly, if any condemnation or
eminent domain action shall be taken, on all or part of the Property, by any authorized public
authority, said authority shall be liable to the Grantee for the value of the property right vested in
the Grantee at the time of the signing of this Conservation Easement. Due to the federal interest
in this Deed, the United States must consent to any such condemnation action.
If condemnation or a taking by eminent domain of a part of the Property or the entire
Property by a public authority renders it impossible to fulfill any of the conservation purposes of
this Conservation Easement on all or part of the Property, the Conservation Easement may be
terminated or modified accordingly through condemnation proceedings. Granters and Grantee
agree that the Conservation Easement is a currently vested real property right with a value equal
to the proportionate value of the Conservation Easement to the unencumbered value of the fee, as
of the date of this grant. If the Conservation Easement is terminated or modified and any or all of
the Property is sold or taken for public use, then, as required by Section l. l 70A-14(g)(6) of the
IRS regulations, the Grantee shall be entitled to the proportionate value of the Conservation
Easement, which has been predetermined at sixty-nine percent (69%) of the Property's
unrestricted value, subject to any applicable law that expressly requires for a different disposition
of the proceeds.
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If this Conservation Easement is extinguished or terminated, the United States and the
Grantee shall receive its proportional share of the Conservation Easement value at the time of
termination. Those proportional shares of the Conservation Easement are as follows: 59% to
Grantee and 41 % to the United States.
If, however, after the condemnation or eminent domain proceedings, a court of
jurisdiction does not include in the just compensation awarded as a result of the taking, the
amount of the Conservation Easement value, then the Grantor shall not be responsible to share
any proceeds awarded.
All condemnation-related expenses, including reasonable attorney fees, incurred by the
Grantors and the Grantee shall be paid out of any recovered proceeds prior to distribution of the
net proceeds as described herein.
25. Interpretation
This Conservation Easement shall be interpreted under the laws of the State of North
Carolina and the laws of the United States, resolving any ambiguities and questions of the
validity of specific provisions so as to give maximum effect to its conservation purposes.
26 Perpetual Duration; Severability
The Conservation Easement created by this Deed shall be a servitude running with the
land in perpetuity. Every provision of this Deed that applies to the Grantors or the Grantee shall
also apply to their respective agents, heirs, executors, administrators, assigns, and all other
successors as their interests may appear. Invalidity of any of the covenants, terms or conditions
of this Conservation Easement, or any part thereof by court order or judgment shall in no way,
affect the validity of any of the other provisions hereof which shall remain in full force and
effect.
27; Merger
The Parties agree that the terms of this Conservation Easement shall survive any merger
of the fee and easement interest in the Property.
28. Notices
Any notices required by this Deed shall be in writing and shall be personally delivered or
sent by first class mail to the Grantors and the Grantee respectively at the following addresses,
unless a party has been notified in writing by the other of a change of address:
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To the Granters:
Lewis and Evelyn Cheek
1811 Dairyland Road
Chapel Hill, NC 27516
To the Grantee:
Orange County ERCD
PO Box 8181
Hillsborough, NC 27278
29. Grantor's Title Warranty
Everett and Hazel Cheek
2328 Dairyland Road
Chapel Hill, NC 27516
To theNRCS:
State Conservationist
4405 Bland Rd., Suite 205
Raleigh, NC 27609
The Granters warrant that they hold fee simple title to the Property, free from all
encumbrances and hereby promise to defend the same against all claims that may be made
against it, except for the following:
(a) All enforceable easements and rights of way currently depicted in the Orange
County Registry, including the 50' wide Public Services, North Carolina
natural gas line easement recorded at Book __ , Page __ , Orange County
Registry; and
(b) Public Road rights of way affecting the Property; and
( c) Current Orange County property taxes and any deferred taxes as provided by
law.
30. Subsequent Liens on Property
No provisions of this Conservation should be construed as impairing the ability of
Grantors to use the Property as collateral for subsequent borrowing. Any such liens shall be and
remain subordinate to this Conservation Easement.
31. Subsequent Easements/Restrictions on the Property
The grant of any easements or use restrictions that might diminish or impair the
agricultural viability or productivity of the Property or otherwise diminish or impair the
conservation values of the Property is prohibited. Any such easements or restrictions shall be
subordinated to this Conservation Easement.
32. Grantor's Environmental Warranty
The Grantors warrant that they have no actual knowledge of a release or threatened
release of hazardous substances or wastes on the Property, as such substances and wastes are
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defined by applicable federal and State law, and hereby promise to defend and indemnify Grantee
and the United States against all litigation, claims, demands, penalties and damages, including
reasonable attorneys' fees, arising from or connected with any release of hazardous waste caused
by the intentional or negligent act of the Grantor or violation of federal, State or local
environmental laws caused by the negligent or intentional act of the Grantor. Without limiting
the generality of the foregoing, nothing in this Conservation Easement shall be construed as
giving rise to any right or ability in Grantee or the United States, nor shall Grantee or the United
States have any right or ability, to exercise physical or managerial control over the day-to-day
operations of the Property, or otherwise to become an operator with respect to the Property
within the meaning of The Comprehensive Environmental Response, Compensation and Liability
Act of 1980, as amended.
33. Entire Agreement
This instrument sets forth the entire agreement of the parties with respect to the Conservation
Easement and supersedes all prior discussions, negotiations, and understandings or agreements
relating to the said easement.
34. Recording Clause
The Grantee shall record this instrument and any amendment hereto in timely fashion with the
Office of the Register of Deeds of Orange County, North Carolina, and may re-record it at any
time as may be required to preserve its rights under this Conservation Easement.
TO HA VE AND TO HOLD this Deed of Conservation Easement unto Grantee, its
successors and assigns, forever.
[The remainder of this page is intentionally left blank. Signature page follows.]
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IN WITNESS WHEREOF, the Granters and Grantee, intending to legally bind
themselves, have set their hands on the date first written above.
GRANTORS:
~~ ckL Everett Wesley Cheek
U~.s. ~ HazelCek <
~ R~ ~
Lewis Roberson Cheek
~~411/ ckiv
Accepted:
GRANTEE:
ORANGE COUNTY, NORTH CAROLINA
ATTEST:
By·~~ ·DoB tg tlle-
.Boaoo of C9aiwi ssianers
ACCEPTANCE OF PROPERTY INTEREST BY THE NATURAL RESOURCES
CONSERVATION SERVICE
The Natural Resources Conservation Service, an agency of the United States Government,
hereby accepts and approves the foregoing Deed of Conservation Easement, and the rights
conveyed therein, on behalf of the United States of America.
{)...Jt '¥Ji~ ~-I. S,kl,~ Oiwu.wo.~
Authorized Signatory for th~ NRCS
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Acknowledgments
NORTH CAROLINA
COUNTY OF ORANGE
I, P..tn VIL( 6 · FlcJ<e,,, a Notary Public of Orange County, North Carolina do hereby certify
that fvevetl kVe:1:Af Cb:e?K , Ha:y.L s. C.b:e.e-K , 1 l?-l ,ns Rpoo~"' £t.be.e_K and
&'Ve, L4t1 CJ1:e,,e.JL personally appeared before me and acknowledged the due
execution of the foregoing instrument.en ,_.._.......,,.,.c,IIA I ooq, Pifl. .
,,,, .. ti It',',,, .......... , ~noo ~ ,,,,
,, 1o"-\; •••••••• $.A .. ',, ' 't-".•• •• "'V~ :; .:-~ ... .. ~ ~ ~ -~ -· ·-~ , ~-~'--~~-,f-1.-L--c-/-~L._----i pf -:,\"\Bl)ct \ 0 1
= : _. • -: =
: : .-\.LI 0~ • =
M . . . -: ~. '"'" .L! .: :: y comm1ss10n expnts: ,..,:•.. / bf
.., 'Tl, • •• _,I>) .. J/'],a ' r' ,,,,:J>,;;·:s··~~,-.............
--1...j ~If d1JO) ,,,,,,,,,.. .. ,,,,,, ..
NORTH CAROLINA
COUNTY OF ORANGE .
I, ~ ~~e,y , a Notary Public of Orange County, North Carolina do hereby Dcertify
tha(,0~ personally appeared before me this day and acknowledged that ;he isi~rk
to the Board of Commissioners for Orange County, North Carolina and that by authority duly
given and as the act of Orange County, North Carolina the foregoing instrument was signed in its
na~ by Barry Jacobs, Chair of the Orange County Board of Commissioners, and attested by l½er k,"'
alflerk to said Board of Commissioners.
Witness my hand and official stamp or seal this the ffi day of A-w, &A.S+ , 200~
My commission expires:
Page 18 of 21
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Joyce H. Pearson
Register of Deeds
Orange County
North Carolina
State of North Carolina, County of Orange
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The foregoing certificate(s) of ANN S. RIMMER, NOTARY PUBLIC, PENNY S. FLAKE, NOTARY
PUBLIC for the Designated Governmental units is/are certified to be correct. See filing certificate herein.
This day August 5, 2004.
Joyce H. Pearson, Register of Deeds
BY:~~
Deputy I Assistftftt Register of Deeds
Yellow probate sheet is a vital part of your recorded document. Please retain with original document and submit for recording.
Book 3523
..
STATE OF NORTH CAROLINA
COUNTY OF ORANGE
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The Foregoing (or annexed) Certificate(s) of ____________ _
Notary(ies) Public (is)(are) Certified to be correct.
This instrument was filed for Registration on the Day and Hour in the Book and Page shown in
the First page hereof.
This instrument prepared by and return to:
Geoffrey E. Gledhill
Coleman, Gledhill, Hargrave and Peek
P.O. Drawer 1529
Hillsborough, NC 27278
Joyce H. Pearson, Register of Deeds
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t •
II •
EXHIBIT A
The property consists of approximately 77.6 acres of land. It is located in Chapel Hill and
Bingham Townships, Orange County, North Carolina and identified as "Tract 1" on the plat of
property entitled "BOUNDARY SURVEY FOR LEWIS CHEEK AND EVERETT CHEEK",
prepared by Brady H. Gorforth and Associates, Inc., which plat is recorded in Plat Book 'JS'°,
Page~' Orange County Registry (a part of the property having Orange County PIN: 9850-
96-5741).
Book 3523
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i Foushee
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Orfangei Courty
Tms MAP IS NOT A CERTIFIED SURVEY
AND HAS NOT BEEN REVIEWED BY A
LOCALGOVERNEMENTAGENCYFOR
COMPLIANCE WITH ANY APPLICABLE
LAND DEVELOPMENT REGULATIONS.
□ Cheek Property Parcel Boundary
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Exhibit B
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Agricultural Fields
-Forest
ll!il Buildings
~ Pickards Mt.Natural Area
N Morgan Creek
/\/Streams
Agricultural Conservation Easement (77 .6 Acres)
(PIN 9850-96-5741 82.6 Acres)
@ 1~d 100 2'f' Feet
County af Orange
Environment & Resolrce
Conservation Depar1ment
M Jones 617/04 • • Existing Sign: "The Catbriar-Baskets, Chairs, Crafts"
Note: Stream buffer varies in width; at a minimum it is 50 feet from the water body
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