20170907 Ver 1_401 Application_20170717

2 0 1 7 0 9 0 7
0 North Carolina Wildlife Resources Commission 9
Gordon Myers, Executive Director
July 21, 2017
North Carolina Division of Water Resources
401 and Buffer Permitting Branch
1617 Mail Service Center
Raleigh, NC, 27699-1617
Ms. Higgins:
Enclosed are three copies of a Pre -Construction Notificatiot OCN) form application for a Corps
Section 404 permit and Division of Water Quality 401 Watei QuaHt=y�e�ti Q tion. An
electronic application has been submitted to the USACE.
Please email the invoice for the application fee to david.tumergncwildlife.org to expedite
payment. Let me know if there is anything needed for review.
Thank you,
David Turner
North Carolina Wildlife Resources Commission
Northern Coastal Management Biologist VFSJUL
Enclosure: 3 copies of the PCN Form with supporting attach 2 4 2017
Mailing Address: N.C. Wildlife Resources Commission - 132 Marine Drive - Edenton, NC 27932
Telephone: [phone]

Office Use Only:
Corps action ID no.
DWQ project no.
Form2009
ua
Page 1 of 10
PCN Form — Version 1.4 January 2009
Pre -Construction Notification (PCN)
A.
1.
1 a.
Applicant Information Lull
ESOU
Processing 401 � BUFF R pE RCES
Type(s) of approval sought from the Corps: Q Section 404 Permit ❑ Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 46 or General Permit (GP) number:
1c.
Has the NWP or GP number been verified by the Corps?
❑X Yes ❑ No
1d.
Type(s) of approval sought from the DWQ (check all that apply):
Q 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑ Yes ❑X No
For the record only for Corps Permit:
❑ Yes 0 No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in -lieu fee program.
❑ Yes 0 No
1g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1h
below.
Z Yes ❑ No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑X Yes ❑ No
2.
Project Information
2a.
Name of project:
Texas Plantation Protection and Wetland Restoration Project
2b.
County:
Tyrrell
2c.
Nearest municipality /town:
Columbia
2d.
Subdivision name:
2e.
NCDOT only, T.I.P. or state project no:
3.
Owner Information
3a.
Name(s) on Recorded Deed:
State of North Carolina
3b.
Deed Book and Page No.
Book 236 Page 288
3c.
Responsible Party (for LLC if
applicable):
State Property Office
3d.
Street address:
1321 Mail Service Center
3e.
City, state, zip:
Raleigh, NC 27699
3f.
Telephone no.:
3g.
Fax no.:
3h.
Email address:
Page 1 of 10
PCN Form — Version 1.4 January 2009

4.
Applicant Information (if different from owner)
4a.
Applicant is:
❑X Agent ❑ Other, specify:
4b.
Name:
North Carolina Wildlife Resources Commission
4c.
Business name
(if applicable):
4d.
Street address:
1721 Mail Service Center
4e.
City, state, zip:
Raleigh, NC 27699
4f.
Telephone no.:
252-482-1808
4g. Fax no.:
4h. Email address:
[e-mail]
5.
Agent/Consultant Information (if applicable)
5a.
Name:
5b.
Business name
(if applicable):
5c.
Street address:
5d.
City, state, zip:
5e.
Telephone no.:
5f.
Fax no.:
5g. Email address:
Page 2 of 10

B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): T176 01 013
1 b. Site coordinates (in decimal degrees):
Latitude: 35.946306 Longitude: -76.087275
1c. Property size:
1,520 acres
2. Surface Waters
2a. Name of nearest body of water to proposed project:
Little Alligator River
2b. Water Quality Classification of nearest receiving water:
SC -Tidal Salt Water and Sw-Swamp
2c. River basin:
Pasquotank
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The National Wetlands Inventory identifies 1,018 of Texas Plantation as wetlands consisting mainly of Freshwater Forested/Shrub Wetlands (946
acres) and Estuarine and Marine Wetlands (30 acres). Not included in the NWI are 61 acres that are managed as shallow water wetlands. Production
agriculture accounts for 210 acres of the tract. Adjacent properties are agricultural with woodlands classified as Freshwater Forested/Shrub Wetlands.
3b. List the total estimated acreage of all existing wetlands on the property: 1,080
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 1,000
3d. Explain the purpose of the proposed project:
See attachment
3e. Describe the overall project in detail, including the type of equipment to be used:
See attachment
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (includingall prior phases)in the past?
❑X Yes ❑ No ❑ Unknown
Comments:
4b. If the Corps made the jurisdictional determination, what type
of determination was made?
❑ Preliminary ❑X Final
4c. If yes, who delineated the jurisdictional areas?
Name (if known): Kyle Bames
Agency/Consultant Company: Corps of Engineers
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
4-12-2017
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
❑Yes ❑X No ❑ Unknown
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project?
❑ Yes Q No
6b. If yes, explain.
Page 3 of 10
PCN Form —Version 1.4 January 2009

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑ Wetlands ❑X Streams —tributaries ❑ Buffers ❑x Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
Wetland impact
number
Permanent (P) or
Temporary T
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
W1
Choose one
Choose one
Yes/No
-
W2 -
Choose one
Choose one
Yes/No
W3 -
Choose one
Choose one
Yes/No
W4 -
Choose one
Choose one
Yes/No
W5 -
Choose one
Choose one
Yes/No
W6 -
Choose one
Choose one
Yes/No
2g. Total Wetland Impacts:
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
Stream impact
number
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1 P
Excavation
Man-made ditch
PER
Corps/DWQ
20
1,000
S2
Choose one
S3
Choose one
S4
Choose one
S5
Choose one
S6
Choose one
3h. Total stream and tributary impacts
1,000
3i. Comments:
Maintenance excavation of man made ditch to remove accumulated sediment to restore depth to -3.7 feet (same as connecting depths to Little Alligator
River). Spoil is to be placed on shelf. Detailed on Sheet 3 of 4.
Page 4 of 10
PCN Form — Version 1.4 January 2009

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then indivii ually list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Temporary T
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01
Choose one
Choose
O2
Choose one
Choose
03
Choose one
Choose
04
Choose one
Choose
4f. Total open water impacts
0.247
4g. Comments: See attached sheet for details on 14 open water impacts (ditch plugs and pump platforms).
5. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c.
Wetland Impacts (acres)
5d. 5e.
Stream Impacts (feet) Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
P1
Choose one
P2
Choose one
5f. Total:
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a. Project is in which protected basin?
❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other:
6b.
Buffer Impact
number —
Permanent (P) or
Temporary
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet)
6g.
Zone 2
impact
(square
feet
B1
Yes/No
B2
Yes/No
B3
Yes/No
B4
Yes/No
B5
Yes/No
B6
Yes/No
6h. Total Buffer Impacts,
6i. Comments:
Page 5 of 10

D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
All fill to open waters (ditches) was done within the interior portion of the property affecting areas already managed for waterfowl or agriculture. The
proposed design is the minimal fill needed to create individual moist soil units and direct flow away from a community pump system so activities on the
site do not influence adjacent properties.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Access to the site will be provided along existing roads. Spoil removed from excavation activities will be placed on high ground. Silt fencing will be
installed along the wetland boundary adjacent the man-made ditch leading to the Little Alligator River.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
❑X Yes ❑ No
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑X Corps
2c. If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
11 Payment to in -lieu fee program
❑Q Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type: Choose one
Type: Choose one
Type: Choose one
Quantity:
Quantity:
Quantity:
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
Choose one
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non -riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
The site was placed under a conservation easement by the previous owner prior to the State obtaining ownership. Language within the easement
allows the site to be managed for waterfowl impoundments and other wildlife habitat benefits. The conservation easement for the 1,520 acre tract is
included in this permit application package.
Page 6 of 10
PCN Form — Version 1.4 January 2009

6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
Yes No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 7 of 10

E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1a.
Does the project include or is it adjacent to protected riparian buffers identified
within one of the NC Riparian Buffer Protection Rules?
❑ Yes ❑X No
1 b.
If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
0
2b.
Does this project require a Stormwater Management Plan?
❑ Yes 0 No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why:
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
2e.
Who will be responsible for the review of the Stormwater Management Plan?
3.
Certified Local Government Stormwater Review
3a.
In which localgovernment's 'urisdiction is thisproject?
3b.
Which of the following locally -implemented stormwater management programs
apply (check all that apply):
❑ Phase II
❑ NSW
❑ USMP
❑ Water Supply Watershed
❑ Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been
attached?
El Yes ❑ No
4.
DWQ Stormwater Program Review
4a.
Which of the following state -implemented stormwater management programs apply
(check all that apply):
❑Coastal counties
❑HQW
❑ORW
❑Session Law 2006-246
❑Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
attached?
❑ Yes ❑ No
5.
DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b.
Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 8 of 10
PCN Form — Version 1.4 January 2009

F. Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
1 a.
Does the project involve an expenditure of public (federal/state/local) funds or the
0 Yes ❑ No
use of public (federal/state) land?
1 b.
If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes 0 No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c.
If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑ Yes ❑ No
letter.)
Comments:
2.
Violations (DWQ Requirement)
2a.
Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
El Yes 0 No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b.
Is this an after -the -fact permit application?
El Yes 0 No
2c.
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3.
Cumulative Impacts (DWQ Requirement)
3a.
Will this project (based on past and reasonably anticipated future impacts) result in
El Yes 0 No
additional development, which could impact nearby downstream water quality?
3b.
If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4.
Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Page 9 of 10
PCN Form — Version 1.4 January 2009

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
❑ Yes ❑X No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes ❑X No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
-
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
NHP
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑X Yes ❑ No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
Near Primary Nursery Area designated by NCWRC (15A NCAC 10C.0503)(Little Alligator River).
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ❑X No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
None
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?
❑X Yes ❑ No
8b. If yes, explain how project meets FEMA requirements:
No built upon area proposed.
8c. What source(s) did you use to make the floodplain determination?
FEMA National Flood Hazard Layer (NFHL) through https://msc.fema.gov.
David Turner
-Dl fJ
7-14-2017
Applicant/Agent's Printed Name
Date
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization
letter from the applicant isprovided.)
Page 10 of 10

Attachment PCN
3 d. The project will ensure restoration and enhancement of wetland functions and protection of
wetland habitats and water quality, provide quality wetland habitat for migratory birds, specifically
migratory and wintering waterfowl, spring and fall shorebird habitat, and other wetland -dependent
wildlife, and provide access to the public through various recreational opportunities.
3 e. Project is to restore and enhance hydrology on 251 acres of land by replacing existing and
installing new water control structures, removing debris from existing ditches, enhancing embankments
and constructing new dikes, and installing new pump systems. Earth moving equipment including
excavators, crawlers, and dump trucks will be needed to complete planned work.

Pre -Construction Notification (PCN) Form
Section C. Proposed Impacts Inventory
4. Open Water Impacts
4a.
4b.
4c.
4d.
2f.
1
Open Water
Name of
Type of
Waterbody Type
Area of
Corresponds to Plug #
impact number
Waterbody
Impact
Other
impact
3
Permanent (P) or
P
- Fill
Other
(acres)
4
Temporary (T)
P
- Fill
Other
0.005
5
01
P
- Fill
Other
0.070
1
02
P
- Fill
Other
0.014
2
03
P
- Fill
Other
0.027
3
04
P
- Fill
Other
0.006
4
05
P
- Fill
Other
0.005
5
06
P
- Fill
Other
0.007
6
07
P
- Fill
Other
0.009
7
08
P
- Fill
Other
0.013
8
09
P
- Fill
Other
0.008
9
010
P
- Fill
Other
0.007
10
011
P
- Fill
Other
0.048
11
012
P
- Fill
Other
0.008
12
013
P
- Fill
Other
0.025
13
014
P
- Culvert
Other
0.000
14
Total Acres Impacted
0.247

a lb
DUCKS
UNLIMITED
DUCKS UNLIMITED, INC.
TEXAS PLANTATION
TYRRELL COUNTY
IN COOPERATION WITH
NC WILDLIFE RESOURCE COMMISSION

SCALE 1"=1000'
## INDICATES DITCH CROSSING NUMBER (TYPICAL)

A/
✓/
SCALE 1"=200'
14
BEGIN DITCH CLEANOUT
1,000 LF DITCH CLEANOUT
END DITCH CLEANOUT
LITTLE
ALLIGATOR
RIVER
EX. GROUND 20' WIDE EX. GROUND/SHELF
ELEV. m 1.5' ELEV. N 1.5'
EXISTING
DITCH ,
b (-)2.0'
_ (-)3.7'
REMOVE ACCUMULATED SEDIMENT
AND RESTORE DITCH TO (-)3.7'
PLACE SPOILS ON SHELF
SECTION VIEW OF DITCH CLEANOUT
NOT TO SCALE
DITCH CLEANOUT IMPACTS
0.459 ACRES/933 CY

DITCH PLUG IMPACT SUMMARY
PLUG #
DESCRIPTION
AREA (AC)
VOLUME (CY)
LENGTH (FT)
1
CANAL ISOLATION
0.070
534
66
2
DIKE CROSSING
0.014
82
19
3
PUMP STA SITE
0.027
250
34
4
DIKE CROSSING
0.006
33
9
5
DIKE CROSSING
0.005
26
7
6
DIKE CROSSING
0.007
33
10
7
DIKE CROSSING
0.009
47
14
8
CANAL ISOLATION
0.013
70
15
9
DIKE CROSSING
0.008
40
13
10
DIKE CROSSING
0.007
32
10
11
DIKE CROSSING
0.048
235
80
12
DIKE CROSSING
0.008
40
13
13
PUMP STA SITE
0.025
230
13
14
REPLACE EX. PIPE
0.000
0
0
TOTAL
0.247
1652
303

8 '
4
CONSERVATION EASEMENT
STATE OF NORTH CAROLINA
COUNTY OF TYRRELL
THIS GRANT OF CONSERVATION EASEMENT (this 'Basement") is made as of this
day. -Of _2 2002, , 2002, by TEXAS PLANTATION, LLC, a North
Carolina Limited Liability Company (together with its successors and assigns, hereinafter
collectively referred to as "Grantor"), and WETLANDS AMERICA TRUST, INC., a non-profit
corporation organized under the laws of the District of Columbia, One Waterfowl Way,
Memphis, Tennessee q 8120, "Grantee";
WHEREAS, Grantor is the owner in fee simple of ceittain real property ("Protected
Property") known as the "Texas Plantation Tract" and the "Free and Easy Tract," located in the
County of Tyrrell (the "County") in the State of North Carolina (the "State") containing 785
acres, more or less, and more particularly described in Exhibit "A" attached hereto and made a
part hereof, and
WHEREAS, the Protepted Property consists of natural areas ' of significant ecological,
scenic, and aesthetic value, and has substantial value and potential as open space, and a natural,
ecological, and scientific resource; and,
WHEREAS, the Protected Property in its present state has conservation value as a
significant natural area that has not been subject to significant developmept and that provides a
"relatively natural habitat for fish, wildlife, or plants or similar eco -systems" as that phrase is
used in Section 170(h)(4)(A)(ii) of the internal Revenue Code, including riparian areas along the
Little Alligator River and associated tributaries, cypress -gum swamp, sallow -water areas, mixed
pine -hardwood and bottomland hardwood forest that provides (1) critical food, cover and travel
corridors for important game species, such as deer, wild turkey and black bear; (2) nesting, stop
over and wintering habitat for many bird species; and (3) breeding habitat for a variety of
reptiles, amphibians and othot animals. Thi' Little Alligator River and its associated. swamp
forests provi4p habitat for an abundant and diverse fish community; and
WHEREAS, The Grantee is a non-profit, 501 (c) (3) "qualified conservation
organization" as defined A- Section 170 (h) of the Internal Revenue Code of 1986, as amended
and the regulations thereunder ("the Code") whose purposes include the conservation and
Prepared out of statO by and document property of Ducks Unlimited, Inc., One WaterfoiM Way,
Memphis, TN 38120

protection of significant natural areas, wildlife habitat, scenic resources and open lands for
aesthetic, scientific, charitable and educational purposes, has received a certificate of authority in
the State of North Carolina, is authorized by the laws of the State of North Carolina to accept,
hold and administer conservation easements, possesses the authority to accept and is willing to
accept this conservation easement under the terms and conditions herein described; and
WHEREAS, the Historic Preservation and Conservation Agreements Act (N.C. Gen.
Stat. § 121-34 et. seq.) permit the creation of conservation easements for the purposes of, among
other things, retaining or protecting land or water areas predominantly in their natural, scenic, or
open condition or in agricultural, horticultural, farming, or forest use, assuring its availability for
agricultural, farming, forest or outdoor recreational purposes or purposes permitting the land or
water area to remain predominantly in its' natural condition; and
WHEREAS, Grantor and Grantee recognize the natural, scenic, aesthetic, and special
character and opportunity for enhancement of the Protected Property, and have the common
purpose of the conservation and protection in MaIgIgi . of the Protected Property as "a relatively
natural habitat of fish, wildlife or plants or similar ecosystem" as that phrase is used in 26 USC
170 (h) (4) (A) (ii) and Section 170 (h) (4) (A) (ii) of the Internal Revenue Code of 1986, as
amended ("the Code"), and in regulations promulgated thereunder by placing voluntary
restrictions upon the use of the Protected Property and by providing for the transfer from the
Grantor to the Grantee of affirmative rights for the protection of the Protected Property; andso as
to qualify as a contribution of a "qualified conservation contribution" as that term is defined
under Section 170 (h) (2) (C) of the Code; and
WHEREAS, Grantor and Grantee further recognize that the Protected Property in its
present state has additional conservation value as scenic open space as evidenced by (1) the
Protected Property has over 5.3 miles of river front along and adjacent to the Little Alligator
River, which is a navigable water open to the public and used by fishermen, boaters, canoeist and
birders; (2) the fact that development of the Protected Property would impair the natural, scenic,
open character of the Protected Property and surrounding area; and (3) the fact that the Protected
Property has frontage for the scenic enjoyment of the general public on NC State Road 1209; and
WHEREAS, the protection of such open space will yield. significant public benefits, as
evidenced by (1) the Clean Water Management Trust Fund, N.C. Gen. Stat. § 113-145.1 et. seq.,
which recognizes the importance of protecting riparian buffers and protecting and conserving
clean surface water; (2) the Uniform Conservation and Historic Preservation Agreements Act,
N.C. Gen. Stat. § 121-34, et. seq., which provides for the enforceability of restrictions,
{0047I294.4)DUCE00SC 7

easements, covenants or conditions "appropriate to retaining 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 of lands 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";
(3) the special North Carolina Conservation Tax Credit Program that encourages contributions of
land that provides habitat for fish and wildlife and other similar land conservation purposes set
forth in N.C. Gen. Stat. § 105-130.34 and § 105-151.12 et. seq.; and
WHEREAS, the specific conservation values of the Protected Property on the date of this
Easement are documented in the Baseline Documentation Report ("Report"), dated t)ete4-1 X11 �d z
2002, a copy of which is on file with both the Grantor and the Grantee. Both parties agree the
Report provides an accurate representation of the Protected Property and the condition of the
same as of the date of this Easement as required by Treasury Reg. 1.170 A-14 (g) (5), and is
intended to serve as an objective informational baseline for monitoring compliance with the
terms of this Easement, and may include:
A) The appropriate survey maps from the United States Geological Survey, showing the
property line of the Protected Property and other contiguous or nearby protected areas;
B) A map of the area drawn to scale, a land use history (including present uses and recent
past disturbances), and a summary of distinct natural features (such as large trees and
aquatic areas);
C) An aerial photograph of the Protected Property at an appropriate scale taken as close as
possible to the date the donation is made; and
D) On-site photographs taken at appropriate locations on the Protected Property; and other
documentation possessed (at present or in the future) by the Grantor which the Grantor
shall make available to the Grantee, its successors and assigns, which documentation
establishes the conditions of the Protected Property at the date of this Easement as
required by Treasury Reg. 1:170A-14 (g) (5).
WHEREAS, Grantor represents that the Protected Property is free and clear of any liens
or encumbrances other than the liens of any deeds of trust which have been subordinated to this
Easement and those matters described in Section 5.18 hereof, and that as owner of the Protected
Property, Grantor has access thereto, the right to convey to the Grantee, and the right to preserve
and protect the conservation values of the Protected Property in perpetuity; and
100471294.4}DUCEOOSC 3

WHEREAS, the purposes of this Easement are to preserve and protect the conservation
values of the Protected Property described in the foregoing recitals, to maintain permanently the
natural,. scenic, historic, biological, and. open character of the Protected. Property, inc(uding, land,.
water and wildlife resources or forest use, and to prevent any use of the Protected Property that
would. significantly impair or interfere with. the.cons rvation.values.of the. Property. set forth.in.
the recitals above.
NOW, THEREFORE, the Grantor, in consideration of the foregoing recitations. and. of
the mutual covenants, terms, conditions and restrictions hereinunder set forth and as an absolute
and unconditional gift, does hereby freely give, grant, bargain, donate and convey unto the
Grantee, and its successors and assigns, the Easement over the Protected Property subject to the
covenants, conditions and restrictions hereinafter set forth which will run with. the land and.
burden the Protected Property in perpetuity, together with the right to protect and preserve the
conservation values of the Protected Property,
SECTION I
PURPOSE
It is the purpose of this Easement to assure that the Protected Property will be retained in
perpghuty predominantly in its natural, scenic, and open condition, as evidenced by the Report,
for conservation purposes and to prevent any use of the Protected Property which will impair
significantly or interfere with the conservation values of the Protected Property, its wildlife
habitat, natural resources or associated ecosystem ("Purpose").
SECTION Il
GRANTEE'S -TIVE RIGHTS
The Grantee shall have the right with prior notice to Grantor to enter the Protected
Property for the purposes of inspecting same to determine compliance herewith. The right of
entry and access herein described does not extend to the public or any person or entity other than
the Grantee, its agents, employees, successors, and/or assigns.
SECTION III.
GRANTOR'S RESERVED RIGHTS
Notwithstanding any provision to the contrary contained in this Easement, and subject to
the requirement that any activity or use of the Protected Property inconsistent with the purposes
{00471294.4)DUCEOOSC 4

of this Easement is prohibited, the Grantor reserves for himself, his heirs, successors and assigns
the "Reserved Rights" set forth in this Section 11. The exercise of all Reserved Rights will be in
full accordance with all applicable local, state and federal. laws and regulations, as well as in
accordance with the Purpose of this Easement. It is recognized that the Grantor and Grantee
have no right to agree to any activity which would result in the: termination of this Easement or
would cause it to fail to qualify as a qualified conservation contribution as described in
Sections 170(h) and 203 1 (c)(8)(B) of the Internal Revenue Code, or any regulations promulgated
thereunder.
3.1 Grantor hereby agrees to give written notice to the Grantee prior to exercising the
following Reserved Rights:
a) Creation of Building Lots and the subdivision of the Protected Property, if
applicable, pursuant to Section 3.2 Subdivision and Building Lots;
b) Construction of any New Structure pursuant to Section 3.3 Structures;
c) Clearing for or construction of any New Road, pursuant to Section 3.4 Roads;
d) Construction of any New impoundments pursuant to Section 3.12 Impoundments;
e) Conducting a timber harvest of more than three acres pursuant to Section 3.15
Timber;
f) Extraction of oil, gas, or minerals pursuant to Section 3.20 Minerals.
3.2 Subdivision and Building Lots. The right to create up to three (3) building lots
("Building Lots"), inclusive of the building area for any existing dwelling units. Each
Building Lot shall contain no more than five (5) acres, exclusive of the acreage used for
anaccess road. Whenever the Grantor delineates a Building Lot, the Grantor shall -give
notice to the Grantee and shall provide an adequate description of the Building Lot which
determined by the Grantee, in its reasonable discretion. The right to subdivide from the
remainder of the Protected Property each of the three (3) Building Lots (the "Subdivision
Lots"). Each Subdivision Lot shall comply with applicable subdivision regulations and
shall be identified on a recorded subdivision plat. After the recordation of the
subdivision plat which created the Subdivision Lot, the following restrictions shall no
longer apply to the Subdivision Lot: Section 4.4 Roads, Section 4.5 Leases, Section 4.6
Topography and Minerals, Section 4.8 Water Resources, Section 4.9 Refuse and UST's,
Section 4.12 Vegetation and Timber, and Section 4.14 Live Oak Protection.
3.3 Structures. The right to maintain and replace the existing and additional permitted
structures at the same location with structures of like size and function. The right to
{00471294.4}AUCEOOSC

6
maintain and construct up to a maximum total of three (3)dwelling units for residential
purposes (hereinafter "Housing Units"), inclusive of any existing Housing Units, and the
right to maintain and construct associated garages, and ancillary non-residential
structures as are customary to like residences in the area of the Protected Property such as
boat sheds, dog runs and pump houses (hereinafter "Related. Structures") (collectively
new Housing Units and new Related Structures are referred to as "New Structures").
Each Housing Unit and its Related Structures, including any existing Housing Unit and
Related Structures, shall be located on a Building Lot. Each Housing Unit shall not
exceed forty (40) feet in height. Each Related Structure shall not exceed forty (40) feet in
height. In addition, the right to maintain and replace the existing stilt house located in the
Little Alligator River adjacent to the Protected Property, along with a generator and.
location for any necessary utilities on the shore adjacent to the road providing access to
such stilt house. In addition, the right to construct and maintain accessory structures
designed, constructed and utilized for the purpose of serving the existing and permitted
uses (for example deer stand, shed, duck blind).
3.4 Roads. The right to maintain and replace existing roads at the same location with roads
of like size and composition. The right to construct new roads to the New Structures
using permeable materials (e.g. sand, gravel, crushed stone) ("New Roads"). Grantor
shall use existing roads whenever possible for access to the New Structures. The right to
widen existing roads. for utility rights of way. The right to use roads for all activities
permitted under this Easement. Maintenance of roads shall be limited to normal practices
for non -paved roads, such as the removal of dead vegetation, necessary pruning or
removal of hazardous trees and. plants, application of permeable materials necessary to
correct erosion, placement of culverts, water control structures, and bridges, and
maintenance of roadside ditches.
3.5 Hunting and Fishing. The right of Grantor, Grantor's members, their family members,
invitees, licensees, lessees and Grantor's guests to hunt and fish on the Protected Property
(including those that lease or purchase hunting and/or fishing rights seasonally or daily).
3.6 Leases. The right to lease or grant other less -than -fee interests in all or a portion of the
Protected Property for any use permitted to the Grantor under this Easement, provided
that such lease or other interest is consistent with and subject to the terms of this
Easement, and is not of a nature or terms as to constitute an impermissible subdivision of
the Protected Property.
f00471294.4)DUCEOOSC 6

3.7 Docks. The right to construct, maintain, and replace no more than three (3) fixed private
docks and two (2) boat ramps, subject to all requisite government permits, for use by the
owner of the Protected Property, its members, and their guests and employees, as well as
for use by the Grantee for entry and access as per this Easement.
3.8 Landfill. The right to have one (1) area for a landfill not to exceed one (1) acre, for the
dumping of refuse and garbage generated solely and exclusively by activities on the
Protected Property. Such disposal of refuse and garbage shall be conducted in a
reasonably sanitary manner, provided that there shall be no dumping or deposit of toxic
or hazardous substances or wastes.
3.9 Borrow Pit. The right to have one (1) borrow pits not to exceed three (3) acres each, to
provide required fill material for use, such as repairing roads, for use solely and
exclusively on the Protected Property.
3.10 Wells and Septic Systems. The right to maintain existing wells and. septic systems for the
existing structures on the Protected Property and place and maintain wells and septic
systems for Housing Units and Related Structures on the Protected Property. Any new
septic drain system must be located a minimum distance of one hundred (100) feet from
any wetland, or perennial stream, or in accordance with existing governmental
regulations, whichever is the greater distance. The right to construct new wells for
agricultural use and/or other uses consistent with the Purpose of this Easement.
3.11 Water Resources. The right to develop and maintain those water resources and wetlands
on the Protected Property necessary to wildlife, private recreation, farming, and other
agricultural uses permitted by this Easement, so long as such development and
maintenance does not impair any of the water resources or wetlands. Permitted activities
shall include, but are not limited to, the right to develop, restore and enhance water
resources for fisheries and wildlife improvement; and the right to undertake bank
stabilization measures and stream and watercourse restoration.
3.12 Impoundments. The right to repair, replace, or maintain existing and/or historic wetland
impoundments and water control structures. The right to construct new impoundments
and water control structures ("New impoundments"). The impoundments are recognized
by both Grantor and Grantee as beneficial to waterfowl, and other wetland dependent
plants and animals. The impoundments shall be managed primarily for waterfowl. To
the greatest extent feasible and practical, management of the impoundments will be
{40471294.4}AUCE00sc 7

carried out in a manner that is conducive to providing feeding and nesting habitat for
waterfowl, shorebirds, wading birds and birds of prey. Within the existing
impoundments internal ditching and diking will be allowed.
3.13 Clearing. The right to maintain and cultivate existing agricultural fields as shown in the
Report. The right to maintain and cultivate the wildlife food plots that exist on the
Protected Property as shown in the Report. The right to create new wildlife food plots
(a) on open lands and spaces existing at the time of the execution of this Easement, (b) in
openings resulting from activities permitted under this Easement in accordance with
Section 3.14 Timber. and (c) in openings resulting from activities permitted under this
Easement in accordance with Section 3.13 Vegetation Maintenance and (d) along
existing roads on the Protected Property, which do not impair the conservation values or
the Purpose of this Easement. Grantor may use native and non-native plant species
traditionally and commonly used as of or prior to the date of this Easement in the food
plots subject to the requirements of Section 3.19 hereof. The right to construct firebreaks
as necessary.
3.14 Vegetation Maintenance. The right to cut and remove grass or other vegetation, and, to
the extent customary, to perform routine upkeep, maintenance, landscaping, including the
planting of trees, shrubs, flowers, and other native and non-native plant species,
consistent with the Purpose of this Easement, immediately around any permitted
structures on the Protected Property. Subject to other provisions of this Easement, the
right to selectively cut, burn, mow and clear trees and vegetation in existing fields for
waterfowl habitat enhancement and protection. The right to undertake activities for fire
protection, road maintenance, tick and .mosquito control. All such activities shall be
undertaken in order to preserve the present condition of the Protected Property.
3.15 Timber. The right to cut and/or harvest dead or diseased trees and trees that present
hazards to persons or property and to clear brush and trim trees affecting structures and
residences within the immediate vicinity of same. The right to conduct timber harvest
and forest management activities for-profit and not-for-profit in compliance with the then
current "best management practices" as promulgated or defined from time to time by the
State's forestry department or its. bureaucratic successor.
3.16 Protected Oaks. The right to cut, girdle or prune Protected Oaks (as defined in
Section 4.13 Live Oak Protection) if the Grantor's actions are required to preserve or
f 00471294.4)DIJCEOOSC R

protect a structure existing on.the.date.hereof or if the Protected Oak is diseased or dead
or its condition constitutes a safety hazard.
3.17 culture. The right to engage in not-for-profit and for-profit agricultural, farming,. and
aquacultural activities provided the same is conducted in a manner consistent with the
Purpose of this. Easement and. undertaken in the same location as of the.. date. of this
EaceanPr►t_ The right to locate, cnmtn]ct, and. maintain watering facilities and ponds.,
Permitted agricultural activitymust be consistent with the maintenance and enhancement
Of soil composition, structure, and productivity,. and may not result in pollution or
degradation of any waters or -have a detrimentaleffect upon fish or wildlife, their natural
habitat, or upon. the natural ecosystem and its, process. The. Grantor retains the right to
place and encumber theproperty with, agricultural easements as may be necessary, from
time to time to meet its agricultural objectives.
3..1.8 Agnichemica . To use agricbeAaicals,. including, but. not limited, tQ,. fertilizes, biocides,.
herbicidesand rodenticides, but only in those. amounts, and with that frequency of
application constituting. the. minimum necessary to accomplish reasonable agnicuingra_l
and residential. activitiespermitted by the terms. of this. Easement. Notwithstanding the.
foregoing sentence, nouse of agrichemcials will be made if such use would result in
(i) Aawfiil contamination of any source of water, (ii) any significant. impairment, of any
natural ecosystem or process on, the. Protected Property.
3.19( kti r, .. To allow only, those no plant. or animal species. traditionally and
prevalently used and those which. do.not.have a negative affect to the conservation values
and Purpose of this Easement.
3.2.0 Minerals. All minerals, gas, oil .and other hydrocarbon rights are. reserved. by Grantor and
not conveyed. by this. Easement, provided. that. Grantor reserves. to. himself, his. heirs. and.
assigns and to. all predecessors. in title, their heirs, grantees, personal representatives and.
assigns. who. have. reserved or conveyed title. to such mineral, gas, oil. and other
hydrocarbon rights, all interest, in minerals, gas, oil and other hydrocarbon. products found
or to be found in, on or under the. Protected Property provided that Grantor shallcam
any persons exploring for, developing or extracting. minerals,. gas, oil or related
hydrocarbon productson or under the Protected Property shall insure the following:
A. No water shall be. utilized on the. Protected. Property which . wonld camse
interference, with surface. water rights- of Grantor., the. wells and. streams. wW&
(00471294.4)DUCEOOSC 9

J � W
exist on the Protected Property, or other sources of water on the Protected
Property, utilized by Grantor for agricultural or residential purposes.
B. Whenever possible, access to exploration and/or extraction sites of minerals, gas,
oil, or related hydrocarbons products shall be by existing roads.
C. Any new road shall conform to the standards of this Easement.
D. Any surface disturbance resulting from permitted subsurface exploration or
extraction activities shall be restored upon completion to a condition similar or
equivalent to its state prior to the disturbance, by restoring soils and replanting
suitable domestic vegetation.
E. Any wastewater resulting from such activities which is of materially poorer
quality than the existing water supplies shall be treated so that its quality is
substantially equivalent to existing water supplies.
F. There shall. be no exploration or extraction of minerals, gas, oil or related
hydrocarbons by any surface mining method, within the meaning of Section 170
(h) (5) (B) of the Code and the regulations promulgated thereunder, nor shall there
be any exploration or extraction by any surface mining method if such activity
would, in the sole judgment of the Grantee, result in the destruction of a
significant natural, scenic wildlife habitat, or other conservation attribute of the
Protected Property.
G. The Grantor shall provide Grantee with advance written notice at least sixty (60)
days prior to engaging in any exploration for or extraction of (or leasing, selling,
or otherwise disposing of the rights thereto) minerals, gas, oil and other hydro-
carbon products from beneath the Protected Property whether or not such
exploration or extraction (or leasing, selling, or otherwise disposing of the rights
thereto) could result in any surface disturbance.
H. There may not be at any time any extraction or removal or minerals, gas, oil and
other hydrocarbon products by any surface strip mining method.
{ 00471294.4) DUCEOO SC

0
3.21 Utilities. At Grantor's election, to bury or otherwise camouflage all utility systems or
extensions of the existing utility systems. The right to install, maintain, and replace all
necessary utility systems for any existing or New Structures on the Protected Property.
3.22 Sis s. The right to construct, :place, and maintain directional signs, signs indicating and
identifying occupancy and signs advertising the sale of the Protected Property; provided
all signs relate solely to the improvements and activities located on the Protected
Property.
3.23 Consistent Uses. The Grantor has'the right to engage in any and all acts or uses not
expressly prohibited herein that are not inconsistent with the Purpose of this Easement.
3.24 Airstrip. The right to construct a single airstrip on the open lands and spaces existing at
the time of the execution of this Easement, excluding wetland areas. The airstrip shall be
of grass or permeable materials (e.g. sand, gravel, crushed stone). The airstrip shall be
for the use of the owner of the Protected Property and its members, guests, and
employees. Maintenance of the airstrip shall be limited to normal practices for nonpaved
airstrips, such as the removal of dead vegetation, necessary pruning or removal of
hazardous trees and plants, application of permeable material necessary to correct
erosion, placement of culverts, water control structures, and maintenance of ditches.
Further, Grantor shall be entitled to construct and maintain one or more related. structures
adjacent to the airstrip such as garages or shelters for airplanes, airplane tie -downs,
equipment sheds, and other similar accessory structures.
3.25 Quiet Enjoyment. Grantor reserves unto itself, its successors and assigns, all rights
accruing from its ownership of the Protected Property, including (i) the right to engage in
or permit or invite others to engage in all uses of the Protected Property as exist on the
date of this Grant that are not expressly prohibited or restricted herein and do not
significantly impair or interfere with the conservation values of the Protected Property as
set forth herein; and (ii) the right to sell, give or otherwise convey the Protected Property.
Without limiting the generality of the foregoing, Grantor expressly reserves for itself, its
successors and assigns, invitees and licensees the right of quiet enjoyment of the
Protected Property, subject to the other terms and provisions hereof.
{00471294.4)DUCEoosc I

SECTION IV
RESTRICTIONS AND COVENANTS
In furtherance of the foregoing rights, the Grantor states and agrees that the following
uses and practices, though not an exhaustive recital of the inconsistent uses and practices, are
hereby deemed to be inconsistent with the Purpose of this Easement, and shall be prohibited,
subject to the rights reserved in Section III. All prohibitions in Section IV are subject to the
rights reserved to the Grantors in Section M, and such general prohibitions in Section 1V shall
not be interpreted to supercede the specific rights consistent with the Purpose of this Easement
reserved to the Grantors in Section. III:
4.1 Uses. There shall be no commercial or industrial activity undertaken or allowed on the
Protected Property; nor shall any rights of passage across or upon the Protected Property
be allowed or granted to third parties.
4.2 Subdivision. The Protected Property may not be subdivided. Although the legal
description of the Protected Property may describe more than one tract of land which
could be sold separately, the Grantor covenants and agrees that all of the Protected
Property shall be held by the same owner(s) as a single undivided tract of land. The
Grantor shall not indirectly subdivide the Protected Property through the creation of a
horizontal property regime or other means.
4.3 Structures. There shall be no construction or placing of buildings, docks, bridges, or
other structures including, but not limited to, transmission or receiving towers, energy
facilities, or water tanks on the Protected Property. There will be no temporary shelter or
vehicles of any sort providing .living quarters on the Protected Property. This restriction
is not intended to apply to temporary parking of recreational vehicles so long as no
commercial use is made of such recreational vehicles.
4.4 Roads. There shall be no building of any new roads, nor widening of existing roads.
4.5 Leases. There shall be no leasing of all or any part of the Protected Property.
4.6 Topogrraphy and Minerals. There will be no filling, excavating, dredging, mining,
drilling or use f any surface mining method; no removal of topsoil, sand, gravel, rock,
peat, minerals, gas, oil, or other hydrocarbon products or other materials; and no change
in the topography of the land in any manner.
{00471294.4}DUCEOOSC 17.

4.7 Exotics. There shall be no introduction of non-native plant or animal species.
4.8 Water Resources. There shall be no dredging, construction of pond or dikes, nor any
manipulation of natural. watercourses. There will be no change, disturbance, alteration or
impairment of any watercourse or wetlands within and upon the Protected Property.
4.9 Refuse and USTs. No portion of the Protected Property shall be used for sanitary
landfill, for the installation of any underground storage tanks, for the installation and use
of an incinerator for the destruction of waste material or for the dumping, storing,
disposal, or treatment of refuse, trash, garbage, rubbish, junk, ashes, or hazardous
substances or waste.
4.10 Pollutants. There shall be no release, generation, treatment, use, disposal, abandonment,
and movement in, on, from or across the Protected Property of a substance defined, listed,
or otherwise classified pursuant to any federal, state, or local law, regulation or
requirement as hazardous, toxic, polluting or otherwise contaminating to the air, water,
soil, or in any way harmful or threatening to human health or the environment.
4.11 Signs. There shall be no construction or placing of signs, including but not limited to,
billboards, or any advertising materials of any sort on the Protected Property.
4.12 Vegetation and Timber. The Grantor shall not cut, remove, or otherwise destroy grasses
or any other vegetation on the Protected Property. There shall be no cutting or harvesting
of timber on or from the Protected Property.
4.13 Live Oak Protection. There shall be no cutting, girdling, pruning or other activity
affecting live oak trees having ten (10) inches or greater diameter at breast height
("Protected Oaks"). The Grantor shall protect and preserve the Protected Oaks.
4.14 Use Inconsistent with Purpose. The parties recognize that this Easement cannot addre$s
every circumstance that may arise in the future. The parties agree upon the Purpose of
this Easement. The Property will be retained in Wrpetuity predominantly in its natural,
scenic and' open condition, for conservation purposes and to prevent any use of the
Protected Property which will impair significantly or interfere with the conservation
values of the Protected. Property, its wildlife habitat, natural resources or associated
ecosystems. Any use or activity not reserved in Section III which is inconsistent with the
Purpose of this Easement or which materially threatens the Purpose. of this Easement is
{00471294.4}DUCEoosc I

prohibited. In the event that there is a dispute between the Grantor and the Grantee as to
whether or not an activity or use is prohibited under this Section, the parties will arbitrate
the matter in accordance with the provisions of Section 5.17 &rbitration of this
Easement.
SECTION V
GENERAL COVENANTS
5.1 Baseline Documentation Report. The parties intend that the Report shall be used by
Grantee to monitor Grantor's future uses of the Protected Property and practices thereon.
The parties further agree that, in the event a controversy arises with respect to the
condition of the Protected Property or a particular resource thereof, the parties shall not
be foreclosed from utilizing any other relevant'document, survey, or report to assist in the
resolution of the controversy. Grantor and Grantee recognize that changes in agricultural
technologies, including accepted farm and forest management practices may result in an
evolution of agricultural activities on the Protected Property. Such evolution shall be
permitted so long as it is consistent with the Purpose of this Easement, and does not in
any way materially impair or interfere with the conservation values of the Protected
Property.
5.2 Cost of Ownership. Grantor, its successors, and assigns, shall retain all responsibilities
and shall bear all costs and liabilities of any kind related to the ownership, operation,
upkeep, and maintenance of the Protected Property, including the maintenance of
adequate liability insurance coverage. This includes the payment of any and all real
estate taxes or assessments levied on the Protected Property by authorized local, county,
state, or federal officials. Grantor remains solely responsible for obtaining any applicable
governmental permits and approvals for any activity or use permitted. by this Easement.
Nothing in this Easement shall be construed as giving rise, to any right or ability in
Grantee to exercise physical or managerial control over the day-to-day operations of the
Protected Property, or any of Grantor's activities on the Protected Property, or otherwise
to become an operator with respect to the Protected Property within the meaning of The
Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as
amended ("CERCLA"), and the corresponding state statutes.
5.3 Indemnification. Grantor hereby releases and agrees to hold harmless, indemnify, and
defend Grantee as well as Ducks Unlimited, Inc., its members, directors, officers,
employees, agents, and contractors and their heirs, personal representatives, successors,
{00471294.4}DUCEOOSC 4

O
and assigns of each of them (collectively "Indemnified Parties") from and against any and
all liabilities, penalties, fines, charges, costs, losses, damages, expenses, causes of action,
claims, demands, orders, judgments, or administrative actions, including without
limitation, reasonable attorney's fees, arising from or in any way connected with:
(1) injury to, or the death of any person, or physical damage to any property resulting
from any act, omission, condition, or other matter related to or occurring on or about the
Protected Property to the extent they may arise out of the negligence of Grantor or its
members, unless due solely to the negligence of any of the Indemnified Parties; (2) the
violation by Grantor of any state, federal, or local law, regulation, or requirement,
including, without limitations, CERCLA and the corresponding state, statutes by any
person other than any of the Indemnified Parties, in any way affecting, involving, or
relating to the Protected Property; and (3) the presence or release in, on, from, or about
the Protected Property, as a result of the actions of the Grantor, of any substance now or
hereafter defined, listed, or otherwise classified pursuant to any federal, state, or local
law, regulation, or requirement as hazardous, toxic, polluting, or otherwise contaminating
to the air, water, or soil, or in any way harmful or threatening to human health or the
environment, unless caused solely by any of the Indemnified Parties.
5.4 Public Access. No right of access to the general public to any portion of the Protected
Property is conveyed by this Easement.
5.5 Subsequent Conveyances. The Grantor shall include reference to all terms and
conditions of his Easement in any subsequent deed, or legal instrument by which the
Grantor divests itself of either the fee simple in all or part of the Protected Property, or its
possessory, interest in any portion of the Protected Property. The Grantor shall notify the
Grantee in writing of any changes in ownership, transfer of title or other conveyance of
the Protected Property.
5.6 Subsequent Liens. No provision of this Easement should be construed as impairing the
ability of the Grantor to use this Protected Property as collateral for a subsequent
monetary loan or other form of borrowing.
5.7 Notices/Approvals. Any notices or approval requests required in this Easement will be
sent by registered or certified mail, or commercial. overnight carrier, to the following
addresses below or to such address as may be hereafter specified by notice in writing.
{00471294.4)DU'CFMSC 15

GRANTEE
Wetlands America Trust, Inc.
One Waterfowl Way
Memphis, TN 38120-2351
Attn.: Chief Operating Officer
With copy to:
Ducks Unlimited, Inc.
Lowcountry Initiative
Suite 114
3870 Leeds Avenue
North Charleston, SC 29405
GRANTOR:
Texas Plantation, LLC
Mr. Lloyd Goode
Nova Development Group, Inc.
PO Box 6544
Raleigh, NC 27628
5.8 Severability. In the event any provision of this Easement is determined by the
appropriate court to be void and unenforceable, all remaining terms will remain valid and
binding.
5.9 Perpetuity. The burdens of this Easement will run with the Protected Property and will
be enforceable against the Grantor and all future owners in a etui during the period
of such ownership.
5.10 Assignment by Grantee. The benefits of this Easement are indivisible and may be
assigned, in whole but not in part, by the Grantee, only upon the following conditions:
(i) the Grantee must require that the Purpose of this Easement continues to be carried out,
and (ii) the assignee, at the time of the assignment, must qualify under Section 170 (h) of
the Code, and applicable regulations thereunder, and under the laws of the State where
the Protected Property is located and must be eligible to receive this Easement directly.
In the event Grantee ceases to exist or exists but no longer as a tax exempt, non-profit'
{00471294.4)DUCE00SC 16

organization, qualified under Section 501 (c) (3) of the Code, this Easement shall
automatically become vested in a tax exempt, non-profit organization qualified under
Section 501 (c) (3) and 170 (h) (3) of the Code and which has experience in holding
similar conservation easements as designated by the then owner of the Protected
Property. � ,. 4
In any assignment of this Easement by the Grantee, the Grantee agrees to give preference
to Ducks Unlimited, Inc., a not-for-profit corporation organized under the laws of the
District of Columbia, One Waterfowl Way, Memphis, Tennessee 38120, if Ducks
Unlimited, Inc., at the time of the assignment, is still a "qualified organization" as
described in the above paragraph.
5.11 Judicial Extinguishment. If a subsequent, unexpected change in the conditions of the
Protected Property or the surrounding property, make impossible or impractical the
continued use of the Protected Property for conservation purposes, the Easement shall be
extinguished by judicial proceeding and all the Grantee's proceeds, if any, from a
subsequent sale or exchange of the Protected Property shall be used for conservation
purposes.
5.12 Compensation. This Section is applicable only to the determination of compensation
payable to Grantee in the event of a termination or extinguishment of this Easement
Pursuant to Section 5.11 Judicial Extinguishment. The value of the Protected Property
at the date of establishment. of this Easement, shall be the value established by the
Grantor's qualified appraisal taken for that purpose (pursuant to Treasury regulation
Section 1.170A-14 or .its successor .regulation) for federal income tax purposes
("Appraisal'i)•
The parties agree that the compensation payable to Grantee in the event of termination or
extinguishment of this Easement pursuant to Section 5.11 Judicial Extinguishment
shall be the amount determined by dividing the fair market value of the Easement shown
in the Appraisal by the fair market value of the Protected Property, prior to this
Easement, shown in the Appraisal ("Grantee Percentage"). The Grantee Percentage is
then multiplied by the fair market value of the Protected Property at the time of
termination or extinguishment, after first deducting the value of the improvements made
after the date of the Appraisal.
{00471294.41DUCE00SC 17

5.13 Eminent Domain/Condemnation. Whenever all or part of the Protected Property is taken
in exercise of eminent domain by public, corporate or other authority so as to abrogate
the restrictions imposed by this Easement, Grantor shall take appropriate actions at the
time of such taking to recover the full value of the taking and all incidental or direct, .
damages resulting from the taking. The net proceeds (including, for purposes of .this
section, proceeds from any lawful sale of the Protected Property unencumbered by the
restrictions hereunder) will be distributed between the Grantor and the Grantee based on
the allocations defined in Section 5.12 Compensation. The Grantee shall use its share of
the net proceeds for conservation purposes.
5.14 Amendments. This Easement shall not be amended, modified, or terminated except in
writing in a document signed and acknowledged by Grantor and Grantee. No
amendment shall be allowed that would adversely affect the qualifications of this
Easement as a charitable gift or the status of the Grantee under any applicable laws,
including Section 170 (h) of the Code or the laws of the State where the Protected
Property is located. Any such amendment shall be consistent with the Purpose of this
Easement, shall not affect its perpetual duration, and shall not permit any impairment of
the significant conservation values of. the Protected Property. Any such amendment shall
be recorded in the County land records where the Protected Property is located. Nothing
in this Section shall require Grantor or Grantee to agree to any amendment.
5.15 Notice of Breach and Enforcement. in the event there is a breach of the terms of this
Easement by the Grantor or by a third party acting at the direction of, with the permission
of, or under control of the Grantor, the Grantee shall have the right to notify the Grantor
in writing of such a breach, and the right to enforce by proceedings at law or in equity the
covenants hereinafter set forth, including, but not limited to the right to require the
restoration of the Protected Property to its condition on the date of this Easement as
evidenced by the Report. Upon such notice, the Grantor shall have thirty (30) days to
undertake actions, including restoration of the Protected Property, that are reasonably
calculated to correct swiftly the conditions constituting such breach. If the Grantor fails
to take such corrective action, the Grantee may, at its discretion, undertake such actions,
including appropriate legal proceedings, as are reasonably necessary to effect such
corrections by Grantor. The cost of such corrections, including Grantee's expenses, court
costs and legal fees will be paid by the Grantor, provided it is determined th4.t the Grantor
or a third party acting at the direction of, with the permission of or under the control of
.the Grantor, is responsible for the breach. Nothing herein shall be construed to entitle the
Grantee to institute any proceedings against the Grantor for any changes to the Protected
{00471294.4}BUCEOOSC 1 R

P
Property due to causes beyond the Grantor's control such as changes occurring due to
natural causes or unauthorized wrongful acts of third parties.
5.16 Waiver of Rights. Grantee, its successors or assigns, does not waive or forfeit the right to
take action as may be necessary to insure compliance with this Easement by any prior
failure to act. The rights hereby granted will be in addition to, and not in limitation of,
any other rights and remedies available to the Grantee for enforcement of this Easement.
5.17 Arbitration. In the event of a disagreement between the Grantor and the Grantee as to
whether or not a use or activity violates Section 4.14 Use Inconsistent with Pu se
(hereinafter "Arbitration Issue"), the Arbitration Issue will be resolved by a committee
made up of three (3) individuals who have reasonable experience with conservation
easements and land use of similar properties. One individual will be selected by Grantor,
one individual will be selected by the Grantee and the other individual will be selected by
the two individuals selected by Grantor and Grantee. The three (3) individuals
(hereinafter "Committee") will determine by majority vote the Arbitration Issue. The
arbitration shall be conducted in accordance with the provisions of N.C. Gen. Stat. § I-
567.1 et seq. and the Committee shall follow the procedural rules set forth therein. The
decision of the Committee will be binding on the Grantor and the Grantee.
5.18 Warranty of Title. Grantor hereby warrants and represents that the Grantor is seized of
the Protected Property in fee simple and has the right to grant and convey this Easement,
that the Protected Property is free and clear of any and all encumbrances, except
ad valorem taxes for the current year, easements of record and prescriptive easements,
deeds of trust which have been subordinated to this Easement, and mineral right
reservations, if any, and that the Grantee and its successors and assigns shall have the use .
of and enjoy all of the benefits derived from and arising out of this Easement.
5.19 Controlling Law. The interpretation and performance of this Easement shall be
governed by the laws of the State where the Protected Property is located.
5.20 Filing. The Grantor shall file this instrument and any amendment in the official land
records of the County where the Protected Property is located as soon as is practicable
after all signatures have been obtained and the Grantee may re -file it and any
amendments to the Easement at any time as may be required to preserve its rights in this
Easement.
{00471294.4}nucEoosc 19

m
5.21 Counterparts. This Easement may be executed in multiple counterparts.
5.22 Entire Agreement. This instrument sets forth the entire agreement of the parties with
respect to the Easement and supercedes all prior discussions, negptiations,
understandings, or agreements relating to the Easement, all of which are merged herein.
No alteration or variation of this instrument shall be valid or binding unless contained in
an amendment that complies with Section 5.14 Amendments.
5.23 Survival. This Easement shall survive the merger of the fee title to the Protected Property
and the rights in this Easement in the event the holder of the Easement becomes the
owner of the fee title to the Protected Property.
Habendum Clause. TO HAVE AND TO HOLD this Easement together with all and singular
the appurtenances and privileges belonging or in any way pertaining thereto, either in law or
equity, either in possession or expectancy, unto the Grantee, its successors and assigns, forever.
The covenants agreed to and the terms, conditions, restrictions and purposes imposed as
aforesaid shall be binding upon the Grantor and shall continue as a servitude running in
perpetuity with the Protected Property.
IN WITNESS WHEREOF, the Grantor has caused this instrument to be executed in
such form as to be binding as its duly authorized act, and the Grantee has caused this instrument
to be signed in its name by its duly appointed officers in such form as to be binding, by authority
duly given, and its corporate seal to be affixed hereto, effective the day and year first above
written.
GRANTOR: TEXAS PLANTATION, LLC (SEAL)
B ' (SEAL)
MembedManager
{00471294A)DUCE00SC 70

w
STATE OF NORTH CAROLINA
COUNTY OF. AA
I, h<< s a Notary Public in and for
said County and State, do he eby certify that VD o . , Ji before me this day
personally appeared, who being by me first duly sworn, says that 'be -
is a member/manager of TEXAS PLANTATION, INC., the limited liability company described
in and which executed the foregoing instrument; that _ Av�-
executed said instrument in the limited liability company name by subscribing his/her name
thereto; and that the instrument is the act and deed of said limited liability company.
WITNESS my hand and notarial seal, this the ` day of
2002.
otary Public
My Commission Expires:
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a NOTA 4Y
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Notary seal or stamp must appear within above box.
{0047] 294.4 }DUCE00SC
27

Continuation of Signature Page For
Deed of Conservation Easement
Tyrrell County, North Carolina
STATE OF TENNESSEE
COUNTY OF SHELBY
GRANTEE.-
WETLANDS
RANTEE:WETLANDS AMERICA TRUST, INC.
By: D. A. (Don) Youn
Its: Chief Operating Officer
SS: MEMPHIS
I, a Notary Public, do hereby certify that D. A. (Don) Young, on behalf of Wetlands
America Trust, Inc. as its Chief Operating Officer, personally appeared before me this
day and acknowledged the due execution of the foregoing instrument.
WITNESS my hand and seal this q th day of Je c "low , 2001.
L 60JN
43�rykblic �forTennessee
My Commission expires: November 9, 2005

w
f,
STATE OF NORTH CAROLINA
COUNTY OF TYRRELL
The foregoing certificates of
Notaries Public
of said Count[y/ies], and State[s], are certified to be correct. This instrument was presented for
registration this day and hour and duly.recorded in the office of the Register of Deeds of Tyrrell
County, North Carolina, in Book , Page
This day of
o'clock M.
GVMAIN1314783\2
(00471294.4)DUCEOOSC 74
2002, at
Register of Deeds

Exhibit A
That certain tract or parcel of land in Alligator Township, Tyrrell County, North
Carolina, and more particularly described and bounded as follows, to -wit:
BEGINNING at an iron marker situated at the point where the Easterly edge of the right
of way of the Springfield Road touches the Northerly shore of Alligator Creek; and
running thence with the Easterly edge of the right of way of Springfield Road North 47
degrees 30 minutes East 1,682 feet to an iron marker; thence South 29 degrees East 381
feet to an iron marker; thence North 49 degrees East 660 feet to an iron marker, thence
North 25 degrees West 30 feet to an iron marker; thence North 65 degrees 30 minutes
East 378 feet to an iron marker; thence South 29 degrees 30 minutes East 720 feet to an
iron marker; thence North 63 degrees 30 minutes East 816 feet to an iron marker; thence
with the center line of a canal North 17 degrees West 492 feet to an iron marker in a turn'
of said canal; continuing thence with the center line of said canal North 73 degrees East
741 feet to an iron marker in a turn of said canal; thence North 00 degrees 30 minutes
East 606 feet; thence South 89 degrees 30 minutes East 40 feet; thence South 67 degrees
30 minutes East 2959 feet to an iron marker on the shore of Alligator Creek in a generally
Southeasterly direction to Rock Point; thence up and along the shore of Alligator Creek
in a generally Westerly direction to the Point of Beginning, containing 785 acres, more or
less. The courses herein set out are magnetic for the year 1959.
021150-0001
GVMAM 16519\1

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UP 91 low
25o
DEED OF CONSERVATION EASEMENT (RESTATED)
STATE OF NORTH CAROLINA .
COUNTY OF TYRRELL
THIS DEED OF CONSERVATION EASEMENT (this "Easement") is made as of this
W]5_ day of December , 2003, by TEXAS PLANTATION, LLC, a North Carolina
Limited Liability Company (together with its successors and assigns, hereinafter collectively
referred to as "Grantor"), and WETLANDS AMERICA TRUST, INC., a non-profit corporation
organized under the laws of the District of Columbia, One Waterfowl Way, Memphis, Tennessee
38120, "Grantee";
WHEREAS, Grantor is the owner in fee simple of certain real property ("Protected
Property") known as the "Texas Plantation Tract" and the "Free and Easy Tract," located in the
County of Tyrrell (the "County") in the State of North Carolina (the "State") containing a total of
1453 acres, more. or less, and more particularly described as "Tract I" and "Tract II" in Exhibit
"A" attached hereto and made a part hereof; and
WHEREAS, a Conservation Easement has heretofore been granted for Tract I by the
Grantor to the Grantee in a Conservation Easement dated December 7, 2002 and recorded
December 31, 2002 in Book ,193, at Page 692 in the office of the Register of Deeds of Tyrrell
County, North Carolina; and
WHEREAS, for administrative convenience and at the request of the Grantee, the parties
hereto desire to restate the Conservation Easement described in Book 193, at Page 692 in the
office of the Register of Deeds of 'Tyrrell County, North Carolina, and to add thereto the
additional property described as Tract 11, which is adjacent to Tract I, and has many of the same
attributes and compliments the Conservation Easement on Tract I; and
WHEREAS, Grantee desires to have the Conservation Easement described in Book 193,
at Page 692 in the office of the Register of Deeds of Tyrrell County relating to Tract I restated
and combined with the Conservation Easement over Tract H for administrative convenience and
to promote the consistent management and monitoring of such Conservation Easements; and
Prepared out of state by and document property of Ducks Unlimited, Inc., One Waterfowl Way,
Memphis, TN 38120

�w�ry
QQ 8 PME I
WHEREAS, the Protected Property consists of natural areas of significant ecological,
scenic, and aesthetic value, and has substantial value and potential as open space, and a natural,
ecological, and scientific resource; and,
WHEREAS, the Protected Property in its present state has conservation value as a
significant natural area that has not been subject to significant development and that provides a
"relatively natural habitat for fish, wildlife, or plants or similar eco -systems" as that phrase is
used in Section 170(h)(4)(A)(ii) of the Internal Revenue Code, including riparian areas along the
Little Alligator River and associated tributaries, cypress -gum swamp, sallow -water areas, mixed
pine -hardwood and bottomland hardwood forest that provides (1) critical food, cover and travel
corridors for important game species, such as deer, wild turkey and black bear; (2) nesting, stop
over and wintering habitat for many bird species; and (3) breeding habitat for a variety of
reptiles, amphibians and other animals. The Little Alligator River and its associated swamp
forests provide habitat for an abundant 'and diverse fish community; and
.WHEREAS, The Grantee is a non-profit, 501 (c) (3) "qualified conservation
organization" as defined in Section 170 (h) of the Internal Revenue Code of 1986, as amended
and the regulations thereunder ("the Code") whose purposes include the conservation and
protection of significant natural areas, wildlife habitat, scenic resources and open lands for
aesthetic, scientific, charitable and educational purposes, has received a certificate of authority in
the State of North Carolina, is authorized by the laws of the State of North Carolina to accept,
hold and administer conservation easements, possesses the authority to accept and is willing to
accept this conservation easement under the terms and conditions herein described; and
WHEREAS, the Historic Preservation and Conservation Agreements Act (N.C. Gen.
Stat. § 121-34 et. seq.) permit the creation of conservation easements for the purposes of, among
other things, retaining or protecting land or water areas predominantly in their natural, scenic, or
open condition or in agricultural, horticultural, farming, or forest use, assuring its availability for
agricultural, farming, forest or outdoor recreational purposes or purposes permitting the land or
water area to remain predominantly in its natural condition; and
WHEREAS, Grantor and Grantee recognize the natural, scenic, aesthetic, and special
character and opportunity for enhancement of the Protected Property, and have the common
purpose of the conservation and protection in perpetuity of the Protected Property as a relatively
natural habitat of fish, wildlife or plants or similar ecosystem" as that phrase is used in 26 USC
170 (h) (4) (A) (ii) and Section 00 (h) (4) (A) (ii) of the Internal Revenue Code of 1986, as
amended ("the Code"), and in regulations promulgated thereunder by placing voluntary
{ 00471294.4 }DUCEOOSC 2

BOOK 1'98 FAA0,
restrictions upon the use of the Protected Property and by providing for the transfer from the
Grantor to the Grantee of affirmative rights for the protection of the Protected Property; and so as
to qualify as a contribution of a "qualified conservation contribution" as that terra is defined
under Section 170 (h) (2) (C) of the Code; and
WHEREAS, Grantor and Grantee further recognize that the Protected Property in its
present state has additional conservation value as scenic open space as evidenced by (1) the
Protected Property has over 5.3 miles of river front along and adjacent to the Little Alligator
River, which is a navigable water open to the public and used by fishermen, boaters, canoeist and
birders; (2) the fact that development of the Protected Property would impair the natural, scenic,
open character of the Protected Property and surrounding area; and (3) the fact that the Protected
Property has frontage for the scenic enjoyment of the general public on NC State Road 1209; and
WHEREAS, the protection of such open space will yield significant public benefits, as
evidenced by (1) the Clean Water Management Trust Fund, N.C. Gen. Stat. § 113-145.1 et. seq.,
which recognizes the importance of protecting riparian buffers and protecting and conserving
clean surface water; (2) the Uniform Conservation and Historic Preservation Agreements Act,
N.C. Gen. Stat. § 121-34, et. seq., which provides for the enforceability of restrictions,
easements, covenants or conditions "appropriate to retaining 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 of lands 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",
(3) the special North Carolina Conservation Tax Credit Program that encourages contributions of
land that provides habitat for fish and wildlife and other similar land conservation purposes set
forth in N.C. Gen. Stat. § 105-130.34 and § 105-151.12 et. seq.; and
WHEREAS, the specific conservation values of the Protected Property on the date of this
Easement are documented in the Baseline Documentation Reports, dated December 15, 2002 as -
to Tract I and December 15 , 2003 as to Tract II (collectively the "Report"), copies
of which. are on file with both the Grantor and the Grantee. Both parties agree the Report
provides an accurate representation of the Protected Property and the condition of the same as of
the date of this Easement as required by Treasury Reg. 1.170 A-14 (g) (5), and is intended to
serve as an objective informational baseline for monitoring compliance with the terms of this
Easement, and may include:
A) The appropriate survey maps from the United States Geological Survey, showing the
property line of the Protected Property and other contiguous or nearby protected areas;
{00471294.4)DUCEOOSC 3

�t
.1
11' K 198, PAGE
25.3 ...
B) A map of the area drawn to scale, a land use history (including present uses and recent
past disturbances), and a summary of distinct natural features (such as large trees and
aquatic areas);
C) An aerial photograph of the Protected Property at an appropriate scale taken as close as
possible to the date the donation is made; and
D) On-site photographs taken at appropriate locations on the Protected Property; and other
documentation possessed (at present or in the future) by the Grantor which the Grantor
shall make available to the Grantee, its successors and assigns, which documentation
establishes the conditions of the Protected Property at the date of this Easement as
required by Treasury Reg. 1.170A-14 (g) (5).
. WHEREAS, Grantor represents that the Protected Property is free and clear of any liens
or encumbrances other than the liens of any deeds of trust which have been subordinated to this
Easement and those matters described in Section 5.18 hereof, and that as owner of the Protected
Property, Grantor has access thereto, the right to convey to the Grantee, and the right to preserve
and protect the conservation values of the Protected Property in perpetuity; and
WHEREAS, the purposes of this Easement are to preserve and protect the conservation
values of the Protected Property described in the foregoing recitals, to maintain permanently the
natural, scenic, historic, biological, and open character of the Protected Property, including land,
water and wildlife resources or forest use, and to prevent any use'of the Protected Property that
would significantly impair or interfere with the conservation values of the Property set forth in
the recitals above.
WHEREAS, an additional purpose of this Easement is to allow development of Tract II
as part of a wetlands mitigation bank for the purposes of creating, restoring, enhancing and
protecting wetland resources, pursuant to such Memorandum of Agreement as may be entered
into between Grantor, Grantee, the U.S. Army Corp of Engineers, and the member agencies of
the Mitigation Bank Review Team relating to Tract II (the "MBI"). The MBI and Report of the
Protected Property shall serve as an objective baseline for monitoring compliance with the terms
of this Easement.
NOW, THEREFORE, the Grantor, in consideration of the foregoing recitations and of
the mutual covenants, terms, conditions and restrictions hereinunder set forth and as an absolute
(00471294.4) DUCF.ODSC 4

rQK 1;08 PAGE 254
and unconditional gift, does hereby freely give, grant, bargain, donate and convey unto the
Grantee, and its successors and assigns, the Easement over the Protected Property subject to the
covenants, conditions and restrictions hereinafter set forth which will run with the land and
burden the Protected Property in perpetuity, together with the right to protect and preserve the
conservation values. of the Protected Property.
SECTION I
PURPOSE
It is the purpose of this Easement to assure that the Protected Property will be retained in
perpetuity predominantly in its natural, scenic, and open condition, as evidenced by the Report,
for conservation purposes and to prevent any use of the Protected Property which will impair
significantly or interfere with the conservation values of the Protected Property, its wildlife
habitat, natural resources or associated ecosystem ("Purpose"). As part of this Purpose, Tract H
may be retained in perpetuity predominately as a wetland mitigation bank and, if so, it may
undergo a physical change necessary to create or optimize the acreage or quality of wetland
habitat expressly to provide a mitigation credit to offset an adverse impact to wetlands caused by
an approved project located elsewhere. If so used, Tract II shall then be protected for the
conservation purposes described herein and to prevent any use of such property which will
significantly impair or interfere with the wetland values, and to insure that the conservation
values set out in the MBI as well as the Report are maintained.
SECTION II
GRANTEE'S AFFIRMATIVE RIGHTS
The Grantee shall have the right with prior notice to Grantor to enter the Protected
Property for the purposes of inspecting the same to determine and enforce compliance herewith.
The right of entry and access herein described does not extend to the public or any person or
entity other than the Grantee, its agents, employees, successors, and/or assigns.
SECTION III
GRANTOR'S RESERVED RIGHTS
Notwithstanding any provision to the contrary contained in this Easement, and subject to
the requirement that any activity or use of the Protected Property inconsistent with the purposes
of this Easement is prohibited, the Grantor reserves for himself, his heirs, successors and. assigns
the "Reserved Rights" set forth in this Section III. The exercise of all Reserved Rights will be in
( 00471294,4) DUCEMSC

4
50,0K go PAGE 255
full accordance with all applicable local, state and federal laws and regulations, as well as in
accordance with the Purpose of this Easement. It is recognized that the Grantor and Grantee
have no right to agree to any activity which would result in the termination of this Easement or
would cause it to fail to qualify as a qualified conservation contribution as described in
Sections 170(h) and 203 1 (c)(8)(B) of the Internal Revenue Code, or any regulations promulgated
thereunder.
3.1 Grantor hereby agrees to give written. notice to the Grantee prior to exercising the
following Reserved Rights:
a) Creation of Building Lots and the subdivision of the Protected Property, if
applicable, pursuant to Section 3.2 Subdivision and Building Lots;
b) Construction of any New Structure pursuant to Section 3.3 Structures;
C) Clearing for or construction of any New Road, pursuant to Section 3.4 Roads;
d) Construction of any New Impoundments pursuant to Section 3.12 Impoundments;
C) Conducting a timber harvest of more than three acres pursuant to Section 3.15
Timber;
f) Extraction of oil, gas, or minerals pursuant to Section 3.20 Minerals.
3.2 Subdivision and Building Lots. Notwithstanding anything else in this Easement to the
contrary, the right to create up to three (3) building lots ("Building Lots"), an access road
to the Building Lots which may, but is not required to, meet all local and state
governmental requirements, and utility easements to serve the Building Lots: Each
Building Lot shall contain no more than five (5) acres or the smallest number of acres as
will be exempt under any applicable subdivision laws or ordinances (whichever is
greater), exclusive of the acreage used for an access road. Whenever the Grantor
delineates a Building Lot, the Grantor shall give notice to the Grantee and shall provide
an adequate description of the Building Lot. Grantor shall provide to Grantee copies of
survey maps showing each of the Building Lots at the time of their creation. After the
creation of each Building Lot or Lots, the following restrictions shall no longer apply to
the Building Lot or Lots: Section 4.4 Roads, Section 4.5 Leases, Section 4.6 Topography
and Minerals, Section 4.8 Water Resources, Section 4.9 Refuse and UST's, and Section
4.12 Vegetation and Timber. Upon recordation of a map designating a Building Lot or
Lots, as described in this Section, it shall be conclusively presumed that such Building
Lot or Lots have been approved by Grantor and Grantee, and all purchasers, mortgagees,
and anyone else dealing with the Grantor, its successors or assigns, may rely upon such
presumption. Notwithstanding the foregoing, Grantee shall promptly execute and deliver
(00471294.4)DUCEOOSC 6

t aY
8, UK 196 PA 258
any and all documents which may be requested by Grantor acknowledging the location
and approval of such Building Lot or Lots. Other than as provided in this Section III,
Tract I shall not be further subdivided. However, Tract II may be further subdivided into
additional tracts of not less than 100 acres, one time for any reason and two times
pursuant to or in furtherance of a qualified wetland mitigation project.
3.3 Structures. The right to maintain and replace the existing and additional permitted
structures at the same location with structures of like size and function. The right to
maintain and construct up to a maximum total of three (3) dwelling units for residential
purposes (hereinafter "Housing Units"), inclusive of any existing Housing Units, and the
right to maintain and construct associated garages, and ancillary non-residential
structures as are customary to like residences in the area of the Protected Property such as
boat sheds, dog runs and pump houses (hereinafter "Related Structures") (collectively
new Housing Units and new Related Structures are referred to as "New Structures").
Each Housing Unit and its Related Structures, including any existing Housing Unit and
Related Structures, shall be located on a Building Lot. Each Housing Unit shall not
exceed forty (40) feet in height. Each Related Structure shall not exceed forty (40) feet in
height. In addition, the right to maintain and replace the existing stilt house located in the
Little Alligator River adjacent to the Protected Property, along with a generator and
location for any necessary utilities on the shore adjacent to the road providing access to
such stilt house. In addition, the right to construct and maintain accessory structures
designed, constructed and utilized for the purpose of serving the existing and permitted
uses such asdeer stands, sheds, and duck blinds.
3.4 Roads. The right to maintain and replace existing roads at the same location with roads
of like size and composition. The right to construct new roads to the New Structures and
for other permitted uses using permeable materials (e.g. sand, gravel, crushed stone)
("New Roads"). Grantor shall use existing roads whenever possible for access to the
New Structures and for other permitted uses. The right to widen existing roads for utility
rights of way. The right to use roads for all activities permitted under this Easement.
Maintenance of roads shall be limited to normal practices for non -paved roads, such as
the removal of dead vegetation, necessary pruning or removal of hazardous trees and
plants, application of permeable materials necessary to correct erosion, placement of
culverts, water control structures, and bridges, and maintenance of roadside ditches.
(00471294.4)DUCEWSC 7

IMPABE 24 57-
3.5 Hunting and Fishing. The right of Grantor, Grantor's members, their family members,
invitees, licensees, lessees and Grantor's guests to hunt and fish on the Protected Property
(including those that lease or purchase hunting and/or fishing rights seasonally or daily).
3.6 Leases. The right to lease or grant other less -than -fee interests in all or a portion of the
Protected Property for any use permitted to the Grantor under this Easement, provided
that such lease or other interest is consistent with and subject to the terms of this
Easement, and is not of a nature or terms as to constitute an impermissible subdivision of
the Protected Property.
3.7 Docks. The right to construct, maintain, and replace no more than three (3) fixed private
docks and two (2) boat ramps, subject to all requisite government permits, for use by the
owner of the Protected Property, its members, and their guests and employees, as well as
for use by the Grantee for entry and access as per this Easement.
3.8 Landfill. The right to have one (1) area for a landfill not to exceed one (1) acre, for the
dumping of refuse and garbage generated solely and exclusively by activities on the
Protected Property. Such disposal of refuse and garbage shall be conducted in a
reasonably sanitary manner, provided that there shall be no dumping or deposit of toxic
or hazardous substances or wastes.
3.9 Borrow Pit. The right to have one (1) borrow pits not to exceed three (3) acres, to
provide required fill material for use, such as repairing roads, for use solely and
exclusively on the Protected Property.
3.10 Wells and Septic Systems. The right to maintain existing wells and septic systems for the
existing structures on the Protected Property and place and maintain wells and septic
systems for Housing Units and Related Structures on the Protected Property. Any new
septic drain system must be located a minimum distance of one hundred (100) feet from
any wetland, or perennial stream, or in accordance with existing governmental
regulations, whichever is the greater distance. The right to construct new wells for
agricultural use and/or other uses consistent with the Purpose of this Easement.
3.11 Water Resources. The right to develop and maintain those water resources and wetlands
on the Protected Property necessary to wildlife, private recreation, farming, and other
agricultural uses permitted by this Easement, so long as such development and
maintenance does not impair any of the water resources or wetlands. Permitted activities
( 00471294.4) DUCEOOSC

TM\
9QQK 198 PAGE 2-59
consistent with the Purpose of this Easement, immediately around any permitted
structures on the Protected Property. Subject to other provisions of this Easement, the
right to selectively cut, burn, mow and clear trees and vegetation in existing fields for
waterfowl habitat enhancement and protection. The right to undertake activities for fire
protection, road maintenance, tick and mosquito control. All such activities shall be
undertaken.in order to preserve the present condition of the Protected Property.
3.15 Timber. The right to cut and/or harvest dead or diseased trees and trees that present
hazards to persons or property and to clear brush and trim trees affecting structures and
residences within the immediate vicinity of same. The right to conduct timber harvest
and forest management activities for-profit and not-for-profit in compliance with the then
current "best management practices" as promulgated or defined from time to time by the
State's forestry department or its bureaucratic successor.
3.16 Omitted.
3.17 Aeric, ulture. The right to engage in not-for-profit and for-profit agricultural, farming, and
aquacultural activities provided the same is conducted in a manner consistent with the
Purpose of this Easement and undertaken in the same location as of the date of this
Easement. The right to locate, construct, and maintain watering facilities and ponds.
Permitted agricultural activity must be consistent with the maintenance and enhancement
of soil composition, structure, and, productivity, and may not result in pollution or
degradation of any waters or have a detrimental effect upon fish or wildlife, their natural
habitat, or upon the natural ecosystem and its process. The Grantor retains the right to
place and encumber the property with agricultural easements as may be necessary from
time to time to meet its agricultural objectives.
3.18 Agrichemicals. To use agrichemicals, including, but not limited to, fertilizers, biocides,
herbicides and rodenticides, but only in those amounts and with that frequency of
application constituting the minimum necessary to accomplish reasonable agricultural
and residential activities permitted by the terms of this Easement. Notwithstanding the
foregoing sentence, no use of agrichemcials will be made if such use would result in
(i) unlawful contamination of any source of water, (ii) any significant impairment of any
natural ecosystem or process on the Protected Property.
(00471294.4)DUCF.00sc 10

.e
:.b BOOK 190 PAI2 3
shall include, but are not limited to, the right to develop, restore and enhance water
resources in accordance with the MBI and for the creation and/or the protection of the
wetland banks, for fisheries, wetland habitat and wildlife improvement. The right to
undertake bank stabilization measures and stream and watercourse restoration, including
the alteration of the flow of water to the wetland banks as explained in the MBI.
3.12 Impoundments. The right to repair, replace, or maintain existing and/or historic wetland
impoundments and water control structures. The right to construct new impoundments
and water control structures ("New Impoundments"). The impoundments are recognized
by both Grantor and Grantee as beneficial to waterfowl, and other wetland dependent
plants and animals. The impoundments shall be managed primarily for waterfowl. To
the greatest extent feasible and practical, management of the impoundments will be
carried out in a manner that is conducive to providing feeding and nesting habitat for
waterfowl, shorebirds, wading birds and birds of prey. Within the existing
impoundments internal ditching and diking will be allowed. In addition, as to Tract II,
the right to alter surface hydrology and conditions for the growth of plants species
conducive to the intent and Purpose of this Easement and the enhancement and
restoration of wetlands and associated uplands, as well as the right to excavate soil, as per
the MBI, expressly in accordance with the Purpose of this Easement; which does not
include any use of surface mining methods for the removal of minerals or other activity.
3.13 Clearing. The right to maintain and cultivate existing agricultural fields as shown in the
Report. The right to maintain and cultivate the wildlife food plots that exist on the
Protected Property as shown in the Report. The right to create new wildlife food plots
(a) on open lands and spaces existing at the time of the execution of this Easement, (b) in
openings resulting from activities permitted under this Easement in accordance with
Section 3.14 Timber, and (c) in openings resulting .from activities permitted under this
Easement in accordance with Section 3.13 Vegetation Maintenance and (d) along
existing roads on the Protected Property, which do not impair the conservation values or
the Purpose of this Easement. Grantor may use native and non-native plant species
traditionally and commonly used as of or prior to the date of this Easement in the food
plots subject to the requirements of Section 3.19 hereof. The right to construct firebreaks
as necessary.
3.14 Vegetation Maintenance. The right to cut and remove grass or other vegetation, and, to
the extent customary, to perform routine upkeep, maintenance, landscaping, including the
planting of trees, shrubs, flowers, and other native and non-native plant species,
(00471294.4)DUCEOOSC 9

MSK JOB P 2-60
3.19 Exotics. To allow only those non-native plant or animal species traditionally and
prevalently used and those which do not have a negative affect to the conservation values
and Purpose of this Easement.
3.20 Minerals. All minerals, gas, oil and other hydrocarbon rights are reserved by Grantor and
not conveyed by this Easement; provided that Grantor reserves to himself, his heirs and
assigns and to all predecessors in title, their heirs, grantees, personal representatives and
assigns who have reserved or conveyed title to such mineral, gas, oil and other
hydrocarbon rights, all interest in minerals, gas, oil and other hydrocarbon products found
or to be found in, on or under the Protected Property provided that Grantor shall cause
any persons exploring for, developing or extracting minerals, gas, oil or related
hydrocarbon products on or under the Protected Property shall insure the following:
A. No water shall be utilized on the Protected Property which would cause
interference with surface water rights of Grantor, the wells and streams which
exist on. the Protected Property, or other sources of water "on the Protected
Property, utilized by Grantor for agricultural or residential purposes.
B. Whenever possible, access to exploration and/or extraction sites of minerals, gas,
oil, or related hydrocarbons products shall be by existing roads.
C. Any new road shall conform to the standards of this Easement.
D. Any surface disturbance resulting from permitted subsurface exploration or
extraction activities shall be restored upon completion to a condition similar or
equivalent to its state prior to the disturbance, by restoring soils and replanting
suitable domestic vegetation.
E. Any wastewater resulting from such activities which is of materially poorer
quality than the existing water supplies shall be treated so that its quality is
substantially equivalent to existing water supplies.
F. There shall be no exploration or extraction of minerals, gas, oil or related
hydrocarbons by any surface mining method, within the meaning of Section 170
(h) (5) (B) of the Code and the regulations promulgated thereunder, nor shall there
be any exploration or extraction by any surface mining method if such activity
would, in the sole judgment of the Grantee, result in the destruction of a
(00471294.4)DucE00sc 11

Com; 11
10 l BOOK, ISO PAGE 2161 -- i
significant natural, scenic wildlife habitat, or other conservation attribute of the
Protected Property.
G. The Grantor shall provide Grantee with advance written notice at least sixty (60)
days prior to engaging in any exploration for or extraction of (or leasing, selling,
or otherwise disposing of the rights thereto) minerals, gas, oil and other hydro-
carbon products from beneath the Protected Property whether or not such
exploration or extraction (or leasing, selling, or otherwise disposing of the rights
thereto) could result in any surface disturbance.
H. There may not be at any time any extraction or removal or minerals, gas, oil and
other hydrocarbon products by any surface strip mining method.
3,21 Utilities. At Grantor's election, to bury or otherwise camouflage all utility systems or
extensions of the existing utility systems. The right to install, maintain, and replace all
necessary utility systems for any existing or New Structures or other permitted uses on
the Protected Property.
3.22 Signs. The right to construct, place, and maintain directional signs, signs indicating and
identifying occupancy and signs advertising the sale of the Protected Property; provided
all signs relate solely to the improvements and activities located on the Protected
Property.
3.23 Consistent Uses. The Grantor has the right to engage in any and all acts or uses not
expressly prohibited herein that are not inconsistent with the Purpose of this Easement.
3.24 Airstrip. The right to construct a single airstrip on the open lands and spaces existing at
the time of the execution of this Easement, excluding wetland areas. The airstrip shall be
of grass or permeable materials (e.g. sand, gravel, crushed stone). The airstrip shall be
for the use of the owner of the Protected Property and its members, guests, and
employees. Maintenance of the airstrip shall be limited to normal practices for nonpaved
airstrips, such as the removal of dead vegetation, necessary pruning -or. removal of
hazardous trees and plants, application of permeable material necessary to correct
erosion, placement of culverts, water control structures, and maintenance of ditches.
Further, Grantor shall be entitled to construct and maintain one or more related structures
adjacent to the airstrip such as garages or shelters for airplanes, airplane tie -downs,
equipment sheds, and other similar accessory structures.
(00471294.4) DUCEOOSC 12

a
' 00K 199 RAGE 26
3.25 Quiet Enjoyment. Grantor reserves unto itself, its successors and assigns, all rights
accruing from its ownership of the Protected Property, including (i) the right to engage in
or permit or invite others to engage in all uses of the Protected Property as exist on the
date) of this Grant that are not expressly prohibited or restricted herein and do not
significantly impair or interfere with the conservation values of the Protected Property as
set forth herein; and (ii) the right to sell, give or otherwise convey the Protected Property.
Without limiting the generality of the foregoing, Grantor expressly reserves for itself, its
successors and assigns, invitees and licensees the right of quiet enjoyment of the
Protected Property, subject to the other terms and provisions hereof.
SECTION IV
RESTRICTIONS AND COVENANTS
In furtherance of the foregoing rights, the Grantor states and agrees that the following
uses and practices, though not an exhaustive recital of the inconsistent uses and practices, are
hereby deemed to be inconsistent with the Purpose of this Easement; and shall be. prohibited,
subject to the rights reserved in Section III. All prohibitions in Section IV are subject to the
rights reserved to the Grantors in Section III, and such general prohibitions in Section IV shall
not be interpreted to supercede the specific rights consistent with the Purpose of this Easement
reserved to the Grantors in Section III:
4.1 Uses. There shall be no commercial or industrial activity undertaken or allowed on the
Protected Property; nor shall any rights of passage across or upon the Protected Property
be allowed or granted to third parties.
4.2 Subdivision. Other than as provided in Section 111, the Protected Property may not be
subdivided, except that Tract I and Tract II may be subdivided from each other and may
be isold, traded, mortgaged and treated as distinct and separately divided tracts. Although
the legal description of the Protected Property may describe more than one tract of land
which could be sold separately, the Grantor covenants and agrees that all of the Protected
Property shall be held by the same owner(s) as a single undivided tract of land, except as
otherwise specifically provided in this Easement. The Grantor shall not otherwise
indirectly subdivide the Protected Property through the creation of a horizontal property
regime or other means.
{00471294.4)DUCEiOOSC 13

BOOK 19..0 PAGE 2,53
4.3 Structures. Except in, accordance with Section III, there shall be no construction or
placing of buildings, docks, bridges, or other structures including, but not limited to,
transmission or receiving towers, energy facilities, or water tanks on the Protected
Property. There will be no temporary shelter or vehicles of any sort providing living
quarters on the Protected Property. This restriction is not intended. to apply to temporary
parking of recreational vehicles so long as no commercial use is made of such
recreational vehicles.
4.4 Roads. There shall be no building of any new roads, nor widening of existing roads,
except as provided in Section III.
4.5 Leases. There shall be no leasing of all or any part of the Protected Property, except as
provided in Section III.
4.6 TopogrV—hy and Minerals. There will be no filling, excavating, dredging, mining,
drilling or use of any surface mining method; no removal of topsoil, sand, gravel, rock,
peat, minerals, gas, oil, or other hydrocarbon products or other materials; and no change
in the topography of the land in any manner, except in accordance with the provisions of
Section III and the MBI.
4.7 Exotics. There shall be no introduction of non-native plant or animal species.
4.8 Water Resources. There shall be no dredging, construction of pond or dikes, nor any
manipulation of natural watercourses. There will be no change, disturbance, alteration or
impairment of any watercourse or wetlands within and upon the Protected Property,
except in accordance with the provisions of Section III and the MBI.
4.9 Refuse and USTs. No portion of the Protected Property shall be used for sanitary
landfill, for the installation of any underground storage tanks, for the installation and use
of an incinerator for the destruction of waste material or for the dumping, storing,
disposal; or treatment of refuse, trash, garbage, rubbish, junk, ashes, or hazardous
substances or waste.
4.10 Pollutants. There shall be no release, generation, treatment, use, disposal, abandonment,
and movement in, on, from or across the Protected Property of a substance defined, listed,
or otherwise classified pursuant to any federal, state, or local law, regulation or
(00471294.4}DUCEOOSC 14

GE 264
BOOK V 8 PA
requirement as hazardous, toxic, polluting or otherwise contaminating to the air, water,
soil, or in any way harmful or threatening to human health or the environment.
4.11 Sig s. There shall be no construction or placing of signs, including but not limited to,
billboards, or any advertising materials of any sort on the Protected Property.
4.12 Vegetation and Timber. The Grantor shall not cut, remove, or otherwise destroy grasses
or any other vegetation on the Protected Property and there shall be no cutting or
harvesting of timber on or from the Protected Property, except in accordance with the
provisions of Section III and the MBI.
4.13 Omitted.
4.14 Use Inconsistent with Purpose. The parties recognize that this Easement cannot address
every circumstance that may arise `in the future. The parties agree upon the Purpose of
this Easement. The portion of the Protected Property known as Tract H will be retained
in perpetuity predominately as a wetland mitigation bank, if such a. wetlands mitigation
bank shall be established thereon. In such event, Tract II is proposed to undergo a
physical change necessary to create or optimize the acreage or quality of wetland habitat
expressly to provide a mitigation credit to offset an adverse impact to wetlands caused by
an approved project located elsewhere. Subject to the foregoing, the Protected Property
will be retained in perpetuity predominantly in its natural, scenic and open condition, for
conservation purposes and to prevent any use of the Protected Property which will impair
significantly or interfere with the conservation values of the Protected Property, its
wildlife habitat, natural resources or associated ecosystems, and to insure the
conservation values set out in the MBI as well as the Report are maintained. Any use or
activity not reserved in Section III which is inconsistent with the Purpose of this
Easement or which materially threatens the Purpose of this Easement is prohibited. In
the event that there is a dispute between the Grantor and the Grantee as to whether or not
an activity or use is prohibited under this Section, the parties will arbitrate the matter in
accordance with the provisions of Section 5.17 Arbitration of this Easement.
SECTION V
GENERAL COVENANTS
5.1 Baseline Documentation Report and Mitigation Banking Instrument. The parties intend
that the Report and the MBI shall be used by Grantee to monitor Grantor's future uses of
(00471294.4) DUCEOOSC 15

BOOK 1 B RAGE 285
the Protected Property and practices thereon. The parties further agree that, in the event a
controversy arises with respect to the condition of the Protected Property or a particular
resource thereof, the parties shall not be foreclosed from utilizing any other relevant
document, survey, or report to assist in the resolution of the controversy. Grantor and
Grantee recognize that changes in agricultural technologies, including accepted farm and
forest management practices may result in an evolution of agricultural activities on the
Protected Property. Such evolution shall be permitted so long as it is consistent with the
Purpose of this Easement, and does not in any way materially impair or interfere with the
conservation values of the Protected Property. Grantor and Grantee also recognize that
the condition of Tract 11 as evidenced in the Report may change substantially due to the
creation of wetland mitigation banks thereon. Grantor and Grantee hereby agree that if
such wetland mitigation banks are created, an additional report must be prepared and
completed, at the sole cost of the Grantor, once the creation, enhancement and/or
restoration work is complete, or at least annually until the work is complete, and shall be
provided to the Grantee for its annual monitoring duties. Such alterations shall be
permitted so long as they are consistent with the Purpose of this Easement and are
evidenced within the MBI and do not in any way materially impair or interfere with the
conservation values or wetland habitat of the Protected Property.
5.2 Cost of Ownership. Grantor, its successors, and assigns, shall retain all responsibilities
and shall bear all costs and liabilities of any kind related to the ownership, operation,
upkeep, and maintenance of the Protected Property, including the maintenance of
adequate liability insurance coverage. This includes the payment of any and all real
estate taxes or assessments levied on the Protected Property by authorized local, county,
state, or federal officials. Grantor remains solely responsible for obtaining any applicable
governmental permits and approvals for any activity or use permitted by this Easement.
Nothing in this Easement'shall be construed as giving rise, to any right or ability in
Grantee to exercise physical or managerial control over the day-to-day operations of the
Protected Property, or any of Grantor's activities on the Protected Property, or otherwise
to become an operator with respect to the Protected Property within the meaning of The
Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as
amended ("CERCLA"), and the corresponding state statutes.
5.3 Indemnification. Grantor hereby releases and agrees to hold harmless, indemnify, and
defend Grantee as well as Ducks Unlimited, Inc., its members, directors, officers,
employees, agents, and contractors and their heirs, personal representatives, successors,
and assigns of each of them (collectively "Indemnified Parties") from and against any and
(00471294.4)DUCEOOSC 16

BOO
K -owl A1 k+ (ADO
all liabilities, penalties, fines, charges, costs, losses, damages, expenses, causes of action,
claims, demands, orders, judgments, or administrative actions, including without
limitation, reasonable attorney's fees, arising from or in any way connected with:
(1) injury to or the death of any person, or physical damage to any property resulting
from any act, omission, condition, or other matter related to or occurring on or about the
Protected Property to the extent they may arise out of the negligence of Grantor or its
members, unless due solely to the negligence of any of the Indemnified Parties; (2) the
violation by Grantor of any state, federal, or local law, regulation, or requirement,
including, without limitations, CERCLA and the corresponding state statutes by any
person other than any of the Indemnified Parties, in any way affecting, involving, or
relating to the Protected Property; and (3) the presence or release in, on, from, or about
the Protected Property, as a result of the actions of the Grantor, of any substance now or
hereafter defined, listed, or otherwise classified pursuant to any federal, state, or local
law, regulation, or requirement as hazardous, toxic, polluting, or otherwise contaminating
to the air, water, or soil, or in any way harmful or threatening to human health or the
environment, unless caused solely by any of the Indemnified Parties.
5.4 Public Access. No right of access to the general public to any portion of the Protected
Property is conveyed by this Easement.
5.5 Subsequent Conveyances. The Grantor shall include reference to all terms and
conditions of his Easement in any subsequent deed, or legal instrument by which the
Grantor divests itself of either the fee simple in all or part of the Protected Property, or its
possessory interest in any portion of the Protected Property. The Grantor shall notify the
Grantee in writing of any changes in ownership, transfer of title or other conveyance of
the Protected Property.
5.6 Subsequent Liens. No provision of this Easement should be construed as impairing the
ability of the Grantor to use this Protected Property as collateral for a subsequent
monetary loan or other form of borrowing.
5.7 Notices/Approvals. Any notices or approval requests required in this Easement will be
sent by registered or certified mail, or commercial overnight carrier, to the following
addresses below or to such address as may be hereafter specified by notice in writing.
(00471294.4)DUCE00SC 17

i4
BOOK 188 PAGE 287
GRANTEE
Wetlands America Trust, Inc.
One Waterfowl Way
Memphis, TN 38120-2351
Attn.: Chief Operating Officer
With copy to:
Ducks Unlimited, Inc.
Lowcountry Initiative
3896 Leeds Avenue
Charleston, SC 29405
GRANTOR:
Texas Plantation, LLC
Mr. Lloyd Goode
Nova Development Group, Inc.
PO Box 6544
Raleigh, NC 27628
5.8 Severability. In the event any provision of this Easement is determined by the
appropriate court to be void and unenforceable, all remaining terms will remain valid and
binding.
5.9 Perpetuity. The burdens of this Easement will run with the Protected Property and will
be enforceable against the Grantor and all future owners in pSrpgtuity during the period
of such ownership.
5.10 Assignment by G The benefits of this Easement are indivisible and may be
assigned, in whole but not in part, by the Grantee, only upon the following conditions:
(i) the Grantee must require that the Purpose of this Easement continues to be carried out,
and (ii) the assignee, at the time of the assignment, must qualify under Section 170 (h) of
the Code, and applicable regulations thereunder, and under the laws of the State where
the Protected Property is located and must be eligible to receive this Easement directly.
(00471294.4)DUCEOOSC 18

BOOK 193 PAGE
In the event Grantee ceases to exist or exists but no longer as a tax exempt, non-profit
organization, qualified under Section 501 (c) (3) of the Code, this Easement shall
automatically become vested in a tax exempt, non-profit organization qualified under
Section 501 (c) (3) and 170 (h) (3) of the Code and which has experience in holding
similar conservation easements as designated by the then owner of the Protected
Property.
In any assignment of this Easement by the Grantee, the Grantee agrees to give preference
to Ducks Unlimited, Inc., a not-for-profit corporation organized under the laws of the
District of Columbia, One Waterfowl Way, Memphis, Tennessee 38120, if Ducks
Unlimited, Inc., at the time of the assignment, is still a. "qualified organization" as
described in the above paragraph.
5.11 Judicial Extinguishment. If a subsequent, unexpected change in the conditions of the
Protected Property or the surrounding property, make impossible or unpractical the
continued use of the Protected Property for conservation purposes, the Easement shall be
extinguished by judicial proceeding and all the Grantee's proceeds, if any, from a
subsequent sale or exchange of the Protected Property shall be used for conservation
purposes.
5.12 Compensation. This Section is applicable only to the determination of compensation
payable to Grantee in the event of a termination or extinguishment of this Easement
pursuant to Section 5.11 judicial Extinguishment. The value of the Protected Property
at the date of establishment of this Easement, shall be the value established by the
Grantor's qualified appraisal taken for that purpose (pursuant to Treasury regulation
Section 1.170A-14 or its successor regulation) for federal income tax purposes
("Appraisal").
The parties agree that the compensation payable to Grantee in the event of termination or
extinguishment of this Easement pursuant to Section 5.11 judicial Extinguishment,
shall be the amount determined by dividing the fair market value of the Easement shown
in the Appraisal by the fair market value of the Protected Property, prior to this
Easement, shown in the Appraisal (' Grantee Percentage"). The Grantee Percentage is
then multiplied by the fair marketvalue of the Protected Property at the time of
termination or extinguishment, after first deducting the value of the improvements made
after the date of the Appraisal.
(00471294.4)AUCE00SC 19

DOOK 198 PAGE 258
5.13 Eminent Domain/Condemnation. Whenever all or part of the Protected Property is taken
in exercise of eminent domain by public, corporate or other authority so as to abrogate
the restrictions imposed by this Easement, Grantor shall take appropriate actions at the
time of such taking to recover the full value of the taking and all incidental or direct
damages resulting from the taking. The net proceeds (including, for purposes of this
section, proceeds from any lawful sale of the Protected Property unencumbered by the
restrictions hereunder) will be distributed between the Grantor and the Grantee based on
the allocations defined in Section 5.12 Compensation. The Grantee shall use its share of
the net proceeds for conservation purposes.
5.14 Amendments. This Easement shall not be amended, modified, or terminated except in
writing in a document signed and acknowledged by Grantor and Grantee. No
amendment shall be allowed that would adversely affect the qualifications of this
Easement as a charitable gift or the status of the Grantee under any applicable laws,
including Section 170 (h) of the Code or the laws of the State where the Protected
Property is located. Any such amendment shall be consistent with the Purpose of this
Easement, shall not affect its perpetual duration, and shall not permit any impairment of
the significant conservation values of the Protected Property. Any such amendment shall
be recorded in the County land records where the Protected Property is located. Nothing
in this Section shall require Grantor or Grantee to agree to any amendment.
5.15 Notice of Breach and Enforcement. In the event there is a breach of the terms of this
Easement by the Grantor or by a third party acting at the direction of, with the permission
of, or under control of the Grantor, the Grantee shall have the right to notify the Grantor
in writing of such a breach, and the right to enforce by proceedings at law or in equity the
covenants hereinafter set forth, including, but not limited to the right to require the
restoration of the Protected Property to its condition on the date of - this Easement as
evidenced by the Report. Upon such notice, the Grantor shall have thirty (30) days to
undertake actions, including restoration of , the Protected Property, that are reasonably
calculated to correct swiftly the conditions constituting such breach. If the Grantor fails
to take such corrective action, the Grantee may, at its discretion, undertake such actions,
including appropriate legal proceedings, as are reasonably necessary to effect such
corrections by Grantor. The cost of such corrections, including Grantee's expenses, court
costs and legal fees will be paid by the Grantor, provided it is determined that the Grantor
or a third party acting at the direction of, with the permission of or under the control of
the Grantor, is responsible for the breach. Nothing herein shall be construed to entitle the
Grantee to institute any proceedings against the Grantor for any changes to the Protected
{ ooa7 1 z9a.a) DvcEoosc 20

.a
BOOK lag FAU 0
Property due to causes beyond the Grantor's control such as changes occurring due to
natural causes or unauthorized wrongful acts of third parties.
5.16 Waiver of Rights. Grantee, its successors or assigns, does not waive or forfeit the right to
take action as may be necessary to insure compliance with this Easement by any prior
failure to act. The rights hereby granted will be in addition to, and not in limitation of,
any other rights and remedies available to the Grantee for enforcement of this Easement.
5.17 Arbitration. In the event of a disagreement between the Grantor and the Grantee as to
whether or not a use or activity violates Section 4.14 Use Inconsistent with Purpose
(hereinafter "Arbitration Issue"), the Arbitration Issue will be resolved by a committee
made up of three (3) individuals who have reasonable experience with conservation
easements and land use of similar properties. Grantor will select one individual. One
individual will be selected by the Grantee and the two individuals selected by Grantor
and Grantee will. select the other individual. The three (3) individuals (hereinafter
"Committee") will determine by majority vote the Arbitration Issue. The arbitration shall
be conducted in accordance with the provisions of N.C. Gen. Stat. § 1-567.1 et seq. and
the Committee shall follow the procedural rules set forth therein. The decision of the
Committee will be binding on the Grantor and the Grantee.
5.18 Warranty of Title. Grantor hereby warrants and represents that the Grantor is seized of
the Protected Property in fee simple and has the right to grant and convey this Easement,
that the Protected Property is free and clear of any and all encumbrances, except
ad valorem taxes for the current year, easements of record and prescriptive easements,
deeds of trust which have been subordinated to this Easement, and mineral right
reservations, if any, and that the Grantee and its successors and assigns shall have the use
of and enjoy all of the benefits derived from and arising out of this Easement.
5.19 Controlling Law. The laws of the State where the Protected Property is located shall
govern the interpretation and performance of this Easement.
5.20 Filin. The Grantor shall file this instrument and any amendment in the official land
records of the County where the Protected Property is located as soon as is practicable
after all signatures have been obtained and the Grantee may re -file it and any
amendments to the Easement at any time as may be required to preserve its rights in this
Easement.
(00471294A]DUCEOOSC 21

00OK 1,96 PAGE 271
5.21 Counterparts. This Easement may be executed in multiple counterparts.
5.22 Entire Agreement. This instrument sets forth the entire agreement of the parties with
respect to the Easement and supersedes all prior discussions, negotiations,
understandings, or agreements relating to the Easement, all of which are merged herein.
No alteration or variation of this instrument shall be valid or binding unless contained in
an amendment that complies with Section 5.14 Amendments.
5.23 Survival. This Easement shall survive the merger of the fee title to the Protected Property
and the rights in this Easement in the event the holder of the Easement becomes the
owner of the fee title to the Protected Property.
Habendum Clause. TO HAVE AND TO HOLD this Easement together with all and singular
the appurtenances and privileges belonging or in any way pertaining thereto, either in law or
equity, either in possession or expectancy, unto the Grantee, its successors and assigns, forever.
The covenants agreed to and the terms; conditions, restrictions and purposes imposed as
aforesaid shall be binding upon the Grantor and shall continue as a servitude running in
perpetuity with the Protected Property.
. IN WITNESS WHEREOF, the Grantor has caused this instrument to be executed in
such form as to be binding as its duly authorized act, and the Grantee has caused this instrument
to be signed in its name by its duly appointed officers in such form as to be binding, by authority
duly given, effective the day and year first above written.
(00471294.4(DUCEMSC 22

GRANTOR: TEXAS PLANTATION, LLC (SEAL)
ByEAL)
Member/Manager
(00471294.4)DUCPMSC 23

STATE OF NORTH CAROLINA
COUNTY OF lLlae,-
M�}
<.� RK S'
L ---;i" k1a Notary Public in and for
said County and State, do he eby certify that before me this day
personally appeared, who being by me first duly sworn, says that _he
is a member/manager of TEXAS PLANTATION, INC., the limited liability company described
in and which executed the foregoing instrument; that _ D , r'
executed said instrument in the limited liability company name by subscribing his/her name
thereto; and that the instrument is the act and deed of said limited liability company.
WITNESS my hand and notarial seal, this the l 7�-d ay of
(nviyr..�cc1
72003.
Notary Public
My Commission Expires:
4- 7 I'- v SG
� bio
�otaRr s�
P080t
F cou" �
111114111111��
Notary seal or stamp must appear within above box.
{00471294.4}DUCEOOSC 24

For
of
Deed of Conservation Easement
0Y 100-14, a - I MAIN., j
favi � r��a e�K
STATE OF TENNESSEE
COUNTY OF SHELBY
GRANTEE:
WETLANDS AMERICA TRUST, INC.
By: D. A. (Don) Young
Its: Chief Operating Officer
SS: MEMPHIS
I, a Notary Public, do hereby certify that D. A. (Don) Young, on behalf of Wetlands
America -,Trust, Inc. as its Chief. Operating Officer, personally appeared before,me this
day and acknowledged the due execution of the foregoing instrument.
WITNESS my hand and seal this I r5+h day of be,C_eM by , 2003.
Notary Public for Tennessee
My Commission expires: November 9, 2005
25

•or 11—\
00K 1-99 PAR, 5
STATE OF NORTH CAROLINA
COUNTY OF TYRRELL
The foregoing certificates of Shelby W Phillips, Notary Public of
Wake Co., NC and Paula Booker, Notary of Shelby Co, TffR.MXxAMVUbK7
are certified to be correct. This instrument was presented for
registration this day and hour and duly recorded in the office of the Register of Deeds of Tyrrell
County, North Carolina, in Book 198 , Page 250
This 18 - day of pecgmber , 2003, at
1:08 o'clock P .M.
01
RegiAer of Deeds,
021150-0002-001
GVMAM51640\1
100471294.4}DUCEOOSC 26

K
I88 RAS 2.7-6
tA
TRACT
That certain tract or parcel of land in Alligator Township, Tyrrell County, North
Carolina, and more particularly described and bounded as follows, to -wit:
BEGINNING at an iron marker situated at the point where the Easterly edge of the right
of way of the Springfield Road touches the Northerly shore of Alligator Creek; and
running thence with the Easterly edge of the right of way of Springfield Road North 47
degrees 30 minutes East 1,682 feet to an iron marker; thence South 29 degrees East 381
feet to an iron marker; thence North 49 degrees East 660 feet to an iron marker; thence
North 25 degrees West 30 feet to an iron marker; thence North 65 degrees 30 minutes
East 378 feet to an iron marker; thence South 29 degrees 30 minutes East 720 feet to an
iron marker; thence North 63 degrees 30 minutes East 816 feet to an iron marker; thence
with the center line of a canal North 17 degrees West 492 feet to an iron marker in a turn
of said canal; continuing thence with the center line of said canal North 73 degrees East
741 feet to an iron marker in a turn of said canal; thence North 00 degrees 30 minutes
East 606 feet; thence South 89 degrees 30 minutes East 40 feet; thence South 67 degrees
30 minutes East 2959 feet to an iron marker on the shore of Alligator Creek in a generally
Southeasterly direction to Rock Point; thence up and along the shore of Alligator Creek
in a generally Westerly direction to the Point of Beginning, containing 785 acres, more or
less. The courses herein set out are magnetic for the year 1959.
TRACT II
Those certain tracts or parcels of land in Alligator Township, Tyrell County, North
Carolina, and more particularly described and bounded as follow, to wit:
FIRST PARCEL:
Beginning at a point, said point being the northeast comer of a 385 Acre tract, Deed Book
174 Page 831, Plat Cabinet B Slide 155A, Tyrrell County Register of Deeds, thence from
said Beginning point South 00°57'10" West 978.13 feet to a point; thence North
87°01'42" East 749.71 feet to a point; thence North 81'07'12" East 230.99 feet to a point;
thence South 07150'52" East 728.40 feet to a point; thence South 34°30'54" East 277.23
feet to a point; thence South 89°27'41" West 2,168.58 feet to a point; thence South
77°56'58" West 13.39 feet to a point; thence South 13024'13" West 10.07 feet to a point;
thence South 26°46'07" West 1,691.94 feet to a point; thence ,South 27°33'40" West
1,238.41 feet to a point on the Little Alligator River; thence with said river North
60°35'00" West 28.00 feet to a point; thence South 21124'00" West 168.00 feet to a point;
thence North 72'16'00" West 100.00 feet to a point; thence North 26°42'00" West 47.00
feet to a point; thence South 39°26'00" West 122.00 feet to a point; thence North
78°50'00" West 108.00 feet to a point; thence North 14010'00" West 180.00 feet to a
point; thence North 88°42'00" West 131.00 feet to a point; thence South 67000'00" West

'GE 2177
-98 PA
00K I
147.00 feet to a point; thence North 77°54'{10" West 23 OO fret to a point; thence South
82°48'00" West 319.00 feet to a point; thence South 70041 '00`' West 720.00 feet to a
point; thence North 21'18'00" West 400.00 feet to a point; thence North 04°25'00" East
223.00 feet to a point; thence North 61°26'00" West 75.00 feet to a point; thence North
1903700" West 87.00 feet to a point; thence North 13°46'00" West 116.00 feet to a point;
thence South 83°48'00" West 73.00 feet to a point; thence North 06°26'00" East 290.00
feet to a point; thence North 1810600" West 271.00 feet to a point; thence North
56030'00" West 58.00 feet to a point; thence North 21°00'00" West 87.00 feet to a point;
thence North 41110'00" East 40.00 feet to a point; thence North 18029'00" West 482.00
feet to a point; thence North 63013'00" West 98.00 feet to a point; thence North
33°59'24" West 518.80 feet to a point; thence leaving said river North 40°05'00" East
1,117.00 feet to a point; thence North 39038'45" East 578.22 feet to a point; thence North
29°03'35" East 45.25 feet to a point; thence North 19°27'00" West 36.00 feet to a point;
thence North 17°59'47" West 139.90 feet to a point; thence North 03054'32" West 43.13
feet to a point; thence North 12'19'18" East 29.71 feet to a point; thence North 27°4638"
East 694.22 feet to a point; thence North 88°33'14" East 1,478.72 feet to a point; thence
South 47024'20" West 37.16 feet to a point; thence North 87°28'37" East 2,354.40 feet to
the point and place of Beginning containing 385 Acres more or less. This being a portion
of the property described in Deed Book 1.74, Page 831 and Plat Cabinet B, Slide 155A, in
the Office of the Register of Deeds of Tyrrell County, to which reference is made for
further description.
SECOND PARCEL:
Beginning at a point, said point being on the southern property line of Deed Book 174,
Page 831, Tyrrell County Register of Deeds, and being 200 feet off of the western right-
of-way line of SR 1209 (60' R1W); thence from said Beginning point South 34°30154"
East 108.55 feet to a point; thence South 42°47'46" East 773.46 feet to a point; thence
South 41°49'34" East 32.99 feet to a point; thence South 38020'06" West 354.50 feet to a
point; thence South 37°48'47" East 542.13 feet to a point; thence North 41°37'51" East
415.12 feet to a point; thence South 51°42'47" East 149.21 feet to a point; thence South
57°03'13" East 945.96 feet to a point; thence South 29°59'42" West 96.69 feet to a point;
thence North 57°03'13" West 279.40 feet to a point; thence South 31'51 '02" West
1,097.14 feet to a point; thence South 12014'48" East 1,059.30 feet to a point; thence
South 68°45'12" West 817.08 feet to a point; thence North 23°14'48" West 682.44 feet to
a point; thence South 70°45'12" West 332.64 feet to a point; thence South 23015'12"
West 33.00 feet to a point; thence South 54°15'12" West 667.92 feet to a point; thence
North 23°4448" West 381.48 feet to a point; thence South 52005'14" West 1,653.84 feet
to a point on the Little Alligator River; thence with said river North 22°34'17" West
180.74 feet to a point; thence North 84°48'22" West 167.66 feet to a point; thence North
46°32'34" West 42.76 feet to a point; thence North 16058'41" West 134.22 feet to a point;
thence North 20°42'23" East 97.00 feet to a point; thence North 14°49'53" West 54.72
feet to a point; thence North 65°48'49" West 47.15 feet to a point; thence North
27°41'27" West 49.34 feet to a point; thence North 15°27'33" West 310.41 feet to a point;
thence North 50'16'05" West 97.56 feet to a point; thence North 32014'14" West 58.58
feet to a point; thence North 24°49'27" West 97.15 feet to a point; thence South
65011'58" West 50.82 feet to a point; thence North 05119'24" West 60.88 feet to a point;

BOOK 198 PAG, V -
thence North 5823'48" West 60 Ski feet to a poiau thence South 87'45'27" West 38.34
feet to a point; thence North -7-111.411" Wrest 59,64 fest to a p.olut; thence North 29'29'17"
West 37.26 feet to a point; thence North 74°07'41" West 64.15 feet to a point; thence
South 58'57'39" West 42.12 feet to a point; thence North 43'21 '05" West 130.85 feet to
a point; thence North 28'10'30" West 76.41 feet to a point; thence North 08'54'14" East
43.54 feet to a point; thence North 48'02'44" East 52.63 feet to a point; thence North
47055'23" West 31.42 feet to a point; thence South 66'29'03" West 49.70 feet to a point;
thence North 35O46'3211 West 29.37 feet to a point; thence North 41 002'44" East 39.34
feet to a point; thence North 40'52'52" West 22.06 feet to a point; thence North
79'35'55" West 24.89 feet to a point; thence North 23*24'19" West 58.03 feet to a.point;
thence South 85'45'06" West 35.43 feet to a point; thence North 36°52'21" West 27.88
feet to a point; thence North 05*03'02" East 51.85 feet to a point; thence North 49° 10' 13"
West -44.37 feet to a point; thence North 71'22'50" West 78.60 feet to a point; thence
North 18'51 '31" East 49.32 feet to a Point; thence North 26°20'21" West 75.61 feet to a
point; thence North 54°39'51" West 89.40 feet to a point; thence South 81°05'11" West
87.30 feet to a point; thence leaving said river North 27'33'40" East 1,238.41 feet to a
point; thence North 26'4607 East 1,691.94 feet to a point; thence North 13'24'13" East
10.07 feet to a point; thence North 77'56'58" East 13.39 feet to a point; thence North
89'27'41" East 2,168.58 feet to the point and place of Beginning containing 335 Acres
more or less, together with any additional land lying north and west of the first 8 calls in
the description for Tract I above and South of this Second Parcel of Tract IL This being a
portion of the property described as Tracts 1-5 in Deed Book 179, Page 302 and the First
Tract in Deed Book 179, Page 425, in the Office of the Register of Deed's of Tyrrell
County, to which reference is made for further description.
021150-0002-001
GVMAIN\350649\1