HomeMy WebLinkAbout20090080 Ver 1_Individual_20090123AI�LMG
LAND MANAGEMENT GROUP INC.
'�aw Environmental Consultants
TO: Mr. Kyle Barnes
NC Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
AIS
January 20, 2008
RE: 401 Water Quality Certification: Pamlico #12
Pamlico County, NC
Mr. Barnes:
09-0 080'
DO
JAN
Utfv(- WAI Ek UUAUTY
WETLANDS AND STORMWATER BRAWN
Enclosed is an Individual permit application/401 Water Quality Certification for your review.
This application is submitted on behalf of Spring Creek Timber Company, LLC for an
approximately 2, 318 acre site located off of Whortonsville Road, Pamlico County, NC. The
applicant is proposing to convert an existing forestry road into an access road for a cabin. The
existing road was constructed in 2006 and impacted 2.7 acres of 404 wetlands. In addition, the
applicant proposes to construct another road which will potentially disturb .90 acres of 404
wetlands in order to gain access to an upland island which will contain a cabin.
404 wetlands were delineated on the tract by Land Management Group, Inc. (LMG). Scott Jones
verbally approved our wetland delineation 7/13/2004. The Individual Permit Application/401
Water Quality Certification, project narrative, associated maps, and site plan are enclosed for
your review. The application fee of $570.00 will be sent to Ian McMillan of DWQ. Please
contact ire if you have any questions. Thank you for your assistance with this project.
Sincerely,
Ashley Futral
Environmental cientist
Encl.
C: Mr. Ian McMillan, DWQ
Ms. Tracey Wheeler, USACE
Mr. Ken Williams, Spring Creek Timber Company, LLC
Mr. Steve Rynas, NCDCM
www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 Fax: 910.452.0060
3805 Wrightsville Ave. c, ,2 _ f a.�`
r. , i .
LMG
LAND MANAGEMENT GROUP INC.
Environmental Consultants
January 20, 2008
TO: Ms. Tracey Wheeler
US Army Corps of Engineers
PO Box 1000
Washington, NC 27889-1000
RE: Individual Permit Application: Pamlico #12
Pamlico County, NC
Ms. Wheeler:
Enclosed is an Individual permit application for your review. This application is submitted on
behalf of Spring Creek Timber Company, LLC for an approximately 2, 318 acre site located off
of Whortonsville Road, Pamlico County, NC. The applicant is proposing to convert an existing
forestry road into an access road for a cabin. The existing road was constructed in 2006 and
impacted 2.7 acres of 404 wetlands. In addition, the applicant proposes to construct another road
which will potentially disturb .90 acres of 404 wetlands in order to gain access to an upland
island which will contain a cabin.
404 wetlands were delineated on the tract by Land Management Group, Inc. (LMG). Scott Jones
verbally approved our wetland delineation 7/13/2004. Surveys were submitted for signature but
A Notification of Jurisdictional Determination has not yet been issued. The Individual Permit
Application, project narrative, associated maps, and site plan are enclosed for your review.
Please contact me if you have any questions. Thank you for your assistance with this project.
Y,
Ashley Futra
EnvironmeAl Scientist
Encl.
C: Mr. Ian McMillan, DWQ
Mr. Kyle Barnes, DWQ
Mr. Ken Williams, Spring Creek Timber Company, LLC
Mr. Steve Rynas, NCDCM
www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC 28402
LMG
LAND MANAGEMENT GROUP INC.
Environmental Consultants
January 20, 2009
TO: Stephen Rynas
Federal Consistency Coordinator
NC Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
RE: Request for concurrence; Pamlico #12
Spring Creek Timber Company, LLC
Pamlico County, NC
Dear Mr. Rynas:
On behalf of Spring Creek Timber Company, LLC Land Management Group, Inc. requests concurrence from the
Division of Coastal Management of the applicant's consistency certification. The applicant is proposing to convert an
existing forestry road into an access road for a cabin. The existing road was constructed in 2006 and impacted 2.7 acres
of 404 wetlands. In addition, the applicant proposes to construct another road which will potentially disturb .9 acres of
404 wetlands in order to gain access to an upland island which will contain a cabin. The applicant has applied for an
Individual Permit and a 401 Water Quality Certification for this project.
We have reviewed the State's coastal program regulations (ie. 15A NCAC 07M) and the local Land Use Plan for
Pamlico County. The proposed project complies with the enforceable policies of North Carolina's approved coastal
management program and will be conducted in a manner consistent with such program. Enclosed is a copy of the Project
Narrative and the Individual Permit application, which describe this project's compliance with the coastal program
regulations, specifically avoidance and minimization of wetland impacts, water quality protection, and mitigation.
Please let me know if I can be of further assistance in this process. Thank you.
Sincerely,
Ashley Futral
Environmental Lentist
Encl.
C: Mr. Ian McMillan, DWQ
Ms. Tracey Wheeler, USACE
Mr. Kyle Barnes, DWQ
Mr. Ken Williams, Spring Creek Timber Company, LLC
www.lmgroup.net info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060
3805 Wrightc 1 n e •- 1
"PAMLICO 12 TRACT"
INDIVIDUAL PERMIT APPLICATION PACKAGE
Prepared By:
Land Management Group, Inc.
PO Box 2522
Wilmington, NC 28403
Phone. 910-452-0001
Fax. 910-452-0060
LMG
LAND MANAGEMENT GROUP INC.
Environmental Consultants
Prepared For:
Spring Creek Timber Company, LLC
Attn: Ken Williams
3313 Hwy 70 East
New Bern, NC 28560
January 2009
PROJECT NARRATIVE
TABLE OF CONTENTS
INTRODUCTION.............................................................................................................I
EXISTINGCONDITIONS...............................................................................................1
ALTERNATIVESANALYSIS.........................................................................................4
No -Action Alternative....................................................................................................4
On -Site Alternative.........................................................................................................5
PreferredProject.............................................................................................................5
POTENTIAL ENVIRONMENTAL IMPACTS.............................................................5
MITIGATION....................................................................................................................6
TABLES
1. FEDERALLY -LISTED ENDANGERED AND THREATENED
SPECIES KNOWN TO OCCUR IN PAMLICO COUNTY, NC
ATTACHMENTS
1. APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT
2. AGENT DISCLOSURE FORM
3. PAMLICO COUNTY, NC PROPERTY MAP
4. ADJACENT PROPERTY OWNERS LIST
FIGURES
1.
SITE LOCATION MAP
2.
USGS TOPOGRAPHIC QUADRANGLE
3.
NRCS SOIL SURVEY
4.
NAPP AERIAL PHOTOGRAPHY
5.
SITE SURVEY
6.
SITE PLAN OVERVIEW
7.
SITE PLAN
8.
BUFFER IMPACTS
9.
BRIDGE CROSS SECTIONS
APPENDICES
A.
CONSERVATION EASEMENT DOCUMENTS
B.
TIMBER MANAGEMENT PLAN
1
PROJECT NARRATIVE
January 2009
Pamlico 12 Tract
Pamlico County, NC
INTRODUCTION
Spring Creek Timber Company, LLC proposes to construct two cabins on upland areas
that have views of Spring Creek. In order to provide access to these cabins, they plan to use an
existing forestry road and to construct a new road that will partially be located in wetlands. The
existing road was constructed in 2006 mainly in wetlands for forestry purposes following
protocol established in a Timber Management Plan. Because of the proposed conversion of use,
the applicant must now apply for 404/401 permits from the U.S. Army Corps of Engineers and
the NC Division of Water Quality. The existing road has disturbed 2.70 acres of 404 wetlands.
The new proposed road will disturb 0.90 acres of wetlands. The tract is located within the Neuse
River Basin and is approximately 2,318 acres in size.
EXISTING CONDITIONS
The site is located off of Whortonsville Road in Pamlico County, adjacent to Spring
Creek (Figure 1). Land Management Group, Inc. delineated 404 wetlands within portions of the
site, which was verbally approved by Mr. Scott Jones of the U.S. Army Corps of Engineers July
13, 2004. Several creeks form boundaries of the tract. Broad Creek and two of its tributaries
(Pittman Creek and Green Creek) form portions of the tract's southern boundary and Spring
Creek and Long Creek form its northern boundary. Additionally, Burton Creek and the tip of
Green Creek extend into the southern part of the site. All of these tributaries except Broad Creek
are classified as SA, HQW, and NSW by the NC Division of Water Quality. Broad Creek is
classified as SB, Sw, and NSW. The SB classification is given to all tidal salt waters protected
for SC uses (secondary recreation such as fishing, boating and other activities involving minimal
skin contact; aquatic life propagation and survival; and wildlife) in addition to primary
recreation. Primary recreational activities include swimming, skin diving, water skiing and
similar uses involving human body contact with water where such activities take place in an
organized manner or on a frequent basis. Stormwater controls are required under CAMA and
1
there are no categorical restrictions on discharges. The SA classification is given to tidal salt
waters that are used for commercial shellfishing or marketing purposes and are also protected for
all Class SC and Class SB uses. All SA waters are also HQW by supplemental classification.
The High Quality Waters (HQW) designation is a supplemental classification intended to protect
waters with quality higher than state water quality standards. There are associated wastewater
treatment and development controls enforced by DWQ. The Swamp Waters designation is a
supplemental classification intended to recognize those waters that generally have naturally
occurring very low velocities, low pH and low dissolved oxygen. No specific restrictions on
development are involved. Nutrient Sensitive Waters (NSW) is a supplemental classification
intended for waters needing additional nutrient management due to being subject to excessive
growth of microscopic or macroscopic vegetation.
According to the Pamlico County Generalized Soil Survey, uplands within the site are
classified as Yonges and Charleston loamy fine sand (Figure 3). Wetlands within the site are
shown as Yonges and Argent loam. The site is a pine plantation and uplands support mostly
loblolly pine (Pinus taeda) with scattered sweetgum (Liquidambar styraciflua) and red maple
(Acer rubrum). Wetlands support loblolly pine, red maple, wax myrtle (Morella cerifera), and
red bay (Persea borbonia). There are several dirt logging roads located throughout the tract,
most are approximately 20' wide. Surrounding land use currently consists of undeveloped land
or other pine plantations (Figure 4).
The U.S. Fish and Wildlife Service was contacted to obtain information about federally -
protected species known to occur in Pamlico County (Table 1). Furthermore, a search of the
North Carolina Natural Heritage Program database was conducted to determine whether any
state or federally listed rare species have previously been observed within or near the project area
(1/2 mile radius). This search found one species, Eaton's Ladies' -tresses (Spiranthes eatonii),
which was observed county -wide. This species is state -listed Significantly Rare and not
federally -listed. The species was last seen July 5, 1958. Because the plant has not been
observed since 1958 the accuracy of this information is considered low.
2
Table 1. Federally -listed endanaered and threatened species known to occur in Pamlico County, NC.
Common Name
Scientific Name
Status
Animals
American alligator
Alligator mississippiensis
T(S/A)
Bald eagle
Halieetus leucocephalus
T
Kemp's ridley sea turtle
Lepidochelys kempii
E
Red -cockaded woodpecker
Picoides borealis
E
Shortnose sturgeon
Acipenser brevirostrum
E
West Indian manatee
Trichechus manatus
E
Plants
Rough -leaf loosestrife
Lysimachia asperulaefolia
E
KEY:
Status Definition
Endangered A taxon "in danger of extinction throughout all or a significant portion of its
range."
Threatened A taxon "likely to become endangered within the foreseeable future throughout
all or a significant portion of its range."
T(S/A) Threatened due to similarity of appearance - a species that is threatened due to
similarity of appearance with other rare species and is listed for its protection.
The Pamlico County CAMA Land Use Plan classifies the tract as `Farm or Open Land'.
Land use in the vicinity of the tract is classified as `Wooded Area'. All surrounding creeks are
considered `Estuarine Waters'.
The Future Land Use Plan designates the tract as `Rural with Services' and the
surrounding waters as `Conservation'. According to the Land Use Plan, the `Rural with
Services' classification includes the areas where development at a density and intensity that is
below urban levels is encouraged. These areas are near full water service and either have access
to central wastewater treatment service or are expected to have service within the 20 -year
planning horizon.
It is expected that these areas will develop at a low residential density. Gross
development density for this classification is projected to be approximately 1 dwelling for every
15 acres. These densities allow for continued use of a majority of the land for farming and
timber. Site development density is projected at approximately 1 dwelling per acre in non -
waterfront areas. Planned unit developments and flexible site planning are encouraged so that
9
natural systems and scenic resources can be preserved. Convenience retail and other traditional
non-residential rural land uses are encouraged for locations at cross-roads where they will have
less impact on surrounding land uses and on traffic safety. Agriculture and forestry activities
will continue in this classification.
According to the Land Use Plan, the purpose of the `Conservation' class is two -fold.
First, this classification provides for the protection and long-term management of Pamlico
County's significant and irreplaceable natural systems. These areas have high environmental,
scenic, recreational, economic, and life-style values. Second, the classification helps the county
and its municipalities to mitigate the risks to life and property that would result from
development in these areas with wind and flooding. The Conservation Areas are generally
consistent with the areas evaluated as having the least suitability on the Land Suitability
Analysis.
Following the general approach of the current land use plan (1992), the conservation
classification is divided into the following four sub -classes that reflect the capabilities and
limitations of the county's natural systems:
Conservation I: estuarine and public trust waters
Conservation 11: estuarine shoreline preservation zone
Conservation III: coastal wetlands
Conservation IV: non -coastal wetlands
Each of these sub -categories has specific land use and development objectives and
policies. The `Conservation' area outlined on this tract pertains to Conservation II, III and IV.
Elements of each of these categories are found on this tract.
ALTERNATIVES ANALYSIS
The alternatives evaluated include a no -action alternative, an on-site alternative, and the
preferred project. Because the applicant has owned this tract for many years, no off-site
alternatives were evaluated.
No -Action Alternative
The no -action alternative would keep the site in its current condition as a pine plantation.
Since the forestry road is in place, 2.70 acres of wetland impact would still occur with the no-
action alternative. Yet this alternative does not allow the applicant to utilize the road for their
chosen purpose or to gain access to the other upland island on the property. Therefore, this is not
considered a feasible alternative.
On -Site Alternative
The applicant evaluated the possibility of constructing two cabins on uplands located off
of the main road that bisects the tract. Cabins could be built on these uplands without disturbing
any wetlands. However, these uplands contain impoundments and there is no space available for
cabins. Furthermore, these uplands are located in the interior of the tract and the cabins would
not have views of the waterway. For these reasons, this is not considered an acceptable
alternative.
Preferred Project
The preferred project consists of constructing two small hunting cabins on pilings in two
separate upland islands located near Spring Creek (Figure 7). The tract is owned by several
different people and two cabins are needed to accommodate all of the owners' recreational
needs. An existing dirt forestry road will be utilized to provide access to one of the cabins. This
path was chosen because it is existing and would not require additional wetland impacts. One
small area of coastal wetlands will be crossed by constructing a bridge (Figures 8 & 9). Another
cabin will be built on a separate upland island located further southwest. To gain access to this
island, a new road that will be approximately 860 feet long must be constructed through
wetlands. The proposed road will intersect the existing road. Each cabin will be approximately
65'x70' and the applicant will utilize on-site wastewater systems.
POTENTIAL ENVIRONMENTAL IMPACTS
The proposed project includes changing the use of a forestry road that has already
disturbed 2.70 acres of 404 wetlands (Figure 7) and constructing a new road which will disturb
0.90 acres of wetlands. Additionally a small area (0.064 ac) of riparian buffer will be impacted.
Because one of the roads is already constructed and stabilized, there will be no secondary
impacts to adjacent wetlands or water quality through erosion or stormwater runoff. The
5
construction area of the new road will be stabilized using sediment and erosion control
techniques such as silt fencing. A bridge will be constructed to cross coastal wetlands along the
existing road in order to avoid impacts to this tidally influenced area (Figures 8 & 9). This bridge
will be a minimum of 3' above the vegetative substrate. Based on data from the NC Natural
Heritage Program, no threatened and endangered species or their habitats will be impacted.
MITIGATION
To mitigate for the wetland impacts, the applicant is evaluating several on-site restoration
possibilities. This information will be provided to the Corps of Engineers and Division of Water
Quality as soon as possible. Additionally, the applicant has previously preserved approximately
334.73 acres of wetlands on site through North American Land Trust (Appendix A).
6
ATTACHMENTS
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT
Privacy Act Statement O 9- Q Q$ O
Authority: 33 USC 401, Section 10: 1413, Section 404. Principal Purpose: These laws require permits authorizing activities in, or affecting, navigable
waters of the United States, the discharge of dredged or fill material into waters of the United States, and the transportation of dredged material for
the purpose of dumping it into ocean waters. Routing Uses: Information provided on this form will be used in evaluating this application for a permit.
Disclosure; Disclosure of requested information is voluntary. If information is not provided however, the permit application cannot be processed nor
can a permit be issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this
application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed
activity. An application that is not completed in full will be returned
(ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS)
1. APPLICATION NO.
2. FIELD OFFICE CODE
3. DATE RECEIVED
4. DATE APPL. COMPLETE
Attn: Ken Williams
c/o Ms. Ashley Futral
6. APPLICANTS ADDRESS
9. AGENT'S ADDRESS
(ITEMS BELOW TO BE FILLED BY APPLICANT) _
5. APPLICANTS NAME
8. AUTHORIZED AGENTS NAME AND TITLE (agent is not required)
Spring Creek Timber Company, LLC
Land Management Group, Inc.
Attn: Ken Williams
c/o Ms. Ashley Futral
6. APPLICANTS ADDRESS
9. AGENT'S ADDRESS
3313 Hwy 70 East
P.O. Box 2522
New Bern, NC 28560
Wilmington, NC 28402
7. APPLICANT'S PHONE NOS. W/AREA CODE
10. AGENT'S PHONE NO. W/AREA CODE
a. Residence N/A
910-452-0001 (phone)
b. Business (252) 633-1210
910-452-0060 (fax)
11. STATEMENT OF AUTHORIZATION
I hereby authorize Land Management Group, Inc. to act in my behalf as my agent in the processing of this application and to furnish, upon request,
supplemental information in support of this permit application. r --n/;,^ � �
See attached form ILP -3 kL',-7
Do
APPLICANT'S SIGNATURE DATE JAN 2 3 2009
NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY WETLANDS AND STORMWATER BRANCH
12. PROJECT NAME OR TITLE Pamlico #12 Tract
13. NAME OF WATERBODY, IF KNOWN (if applicable)
Spring Creek
15. LOCATION OF PROJECT
COUNTY Pamlico STATE NC
14. PROJECT STREET ADDRESS (if applicable)
Tract #12 off of SR 1327 & 1328
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN: Parcel Number, L08-37
17. DIRECTIONS TO THE SITE From Washington take Hwy 17 south to Hwy 33 south. Follow to Hwy 306 south
and take a left onto Hwy 55 south to Merritt. Take a left onto N Pamlico Road and follow to Straight Road.
Turn left onto Straight Road and follow to Old Whortonsville Road. Turn right onto Whortonsville Road and
follow through Whortonsville. The site will be the next right after Paradise Shore Road.
18. NATURE OF ACTIVITY (Description of project, include all features)
Spring Creek Timber Company, LLC proposes to convert an existing forestry road into an access road for a proposed cabin
to be built on pilings. The road has disturbed 2.70 acres of 404 wetlands. Coastal wetland impacts will be avoided by using
a bridge in this area. Also proposed is the construction of another road which will impact 0.90 acres of 404 wetlands. The
road will provide access to another upland location for another cabin. Additionally, 0.064 acres of riparian buffer will be
disturbed.
Please see Proiect Narrative for further details.
19. PROJECT PURPOSE (Describe the reason or purpose of the project)
The purpose of the project is to provide access to two separate upland islands on which cabins will be built.
USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED
20. REASON(S) FOR DISCHARGE To construct roads and provide access to upland islands and the waterfront.
21. TYPE(S) OF MATERIAL BEING DISCHARGED AND THE AMOUNT OF EACH TYPE IN CUBIC YARDS
Discharge of clean, compacted sub -grade soil materials has already occurred for the existing road.
See Figures 6 & 7 for impact area.
22. SURFACE AREA IN ACRES OF WETLANDS OR OTHER WATERS FILLED
3.60 acres of 404 wetlands; 0.064 acre of riparian buffer
23. IS ANY PORTION OF THE WORK ALREADY COMPLETE? Yes IF YES, DESCRIBE THE COMPLETED WORK
The existing road was constructed in 2006 for forestry management purposes.
24. ADDRESSES OF ADJOINING PROPERTY OWNERS, LESSEES, Etc., WHOSE PROPERTY ADJOINS THE WATERBODY
See attached list.
25. LIST OTHER CERTIFICATIONS OR APPROVALS/DENIALS RECEIVED FROM OTHER FEDERAL, STATE, OR LOCAL
AGENCIES FOR WORK DESCRIBED IN THIS APPLICATION
AGENCY TYPE APPROVAL' IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED
N/A
26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that
the information in this application is complete and accurate. I further certify that I possess the authority to undertake the
work described herein or am acting as the duly authorized agent of the applicant.
p- 4 'n'� � /C90/0 (�
rIGNATURE OF APPLICANT DATE
18. U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly
and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or
representations o r makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall
be fined not more than $10,000 or imprisoned not more than five years or both.
LMG
LAND MANAGEMENT GROUP ixc.
Environmental Consultants
Aunt Disclosure Form
To Whom It May Concern:
I/we, the undersigned, hereby authorize Land Management Group, Inc.,
to act as our agent in the preparation and representation of information
submitted within the 404/401 and/or CAMA applications and/or septic
permits. All questions in regards to this application should be directed
to Land Management Group, Inc.
PIease provide the following information:
Property Address/Project Name: }MAIM L (L[)
Sincerely,
t Ow r/A lid p ll
Sign oynef/Applicant Name
Date
`vNviv.lmgroup.net • infoCaMmgroup.net • Phone: 910.452.0001 • Fat: 910.452.0060
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403
P.O. Bos 2522, Wilmington, NC 28401
Adjacent Property Owners
Bate Land & Timber, LLC
131 Ocean Blvd West
Holden Beach, NC 28462
PIN:7510264371000
Spring Creek Crab Co, Inc.
1108 Whortonsville Road
Merritt, NC 28556
PIN:7510364049000
Four Pamlico Partners,
416 A Pollock Street
New Bern, NC 28560
PIN:7510368124000
Noel Lang Baucom
PO Box 125
Farmville, NC 27828
PIN: 7510340199000
Pamlico 12, LLC
PO Drawer 889
New Bern, NC 28563
PIN: 7510316430000
Dr Graham A Barden Jr
4505 Tenella Road
New Bern, NC 28560
PIN:7520037507000
Investments, LLC
PO Box 12327
New Bern, NC 28561
PIN:7520282200000
LLC Investments, LLC
PO Box 12327
New Bern, NC 28561
PIN:7520676460000
Harold Lloyd Stephenson
PO Box 65
Oriental, NC 28571
PIN:7510525296000
Dr Clark W Dimond III
Dr. Dorothy L
PO Box 508
Oriental, NC 28571
PIN:7510528466000
John D Riggs
1060 Askins Brick Road
Ernul, NC 28527
PIN:7510620228000
Lionel L Yow Etals
Camak, Morgan & Ward
102 North Fifth Avenue
Wilmington, NC 28402
PIN:7521526589000
Joseph B Blanchard
225 Salter Path Road
Pine Knoll Shores, NC 28512
PIN:7521254838000
Charles A & Mary A Redmon
448 Parkview Ave
Golden, CO 80401
PIN:7419799775000
Robin H Doxey
30 Vernon Road
Merritt, NC 28556
PIN:7510621105000
Richard L & Sarah Harrell
234 Mt. Gould River Road
Merry Hill, NC 27957-9717
PIN:7510621075000
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Images are approximate and not meant to be absolute.
All survey data provided by:
Carolina Engineers
PO Drawer 1578
New Bern'
NC 28563
252.633.2424
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USGS 7.5 minute topographic map, Jones Bay & Broad Creak Quadrangles
Images are approximate and not meant to be absolute. IF
All survey data provided by: Project: Date: Revision Date:
Carolina Engineers 12/30/0BPO Drawer 1578 LM G Pamlico #12 inorztx s
New Bern, NC 28563 ?q�Applicant: Scale: 33—b -Number.
252.633.2424 LAND MANAGEMENT GROUP mc. Spring Creek Timber Co, LLC 1.4000• 01-04-344
Environmental Consultants
Post Office BOX 2522 Title: Drawn By: Figure:
Wilmington, North Carolina 28402 USGS Topographic Map ARF 2
Tele hone: 910452-0001 Jones Bay Quadrangle
Images are approximate and not meant to be absolute.
All survey data provided by:
Carolina Engineers
PO Drawer 1578
New Bern, NC 28563
252.633.2424
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GIS based NRCS soil survey, Pamlico County
Project:
Date:
Revision Date:
LMG
Pamlico #12
12/30/08
1/20/2009
Applicant:
Scale
Job Numbe,
LAND MANAGEMENT GROUP INC.
Environmental Consultants
—` Post Office Box 2522
Wilmington, North Carolina 28402
Telephone: 910452-0001
Spring Creek Timber Co, LLC
1"=2000
01.04-344
Title:
NRCS Soils
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Carolina Engineers Pamlico #12 12130/08 '112012009
PO Drawer 1578 LM G
New Bern, NC 28563 Applicant Scale: Job Number:
252.633.2424 LAND MANAGEMENT GROUP mc. 1'=2000'
Spring Creek Timber Co, LLC 01-04-344
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Post Office Box 2522 Title: Drawn By: Figure:
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APPENDIX A.
CONSERVATION EASEMENT DOCUMENTS
FILED in PAM UCO CountV. W
on Apr 23 2008 of MSM ph
by: ME ti MtgTM
REGISTER OF DEEDS
BOOK 515 PAGE 1
After recording please return to:
North American Land Trust
P.O. Box 467
Chadds Ford, PA 19317
NOTICE OF CONVEYANCE
REQUIRED — SEE SECTION 6.11
CONSERVATION EASEMENT
AND
DECLARATION OF RESTRICTIONS AND COVENANTS
THIS CONSERVATION EASEMENT AND DECLARATION OF
RESTRICTIONS AND COVENANTS ("Conservation Easement") made
Ef QPJ ' 20_6 kby and between PAMLICO 12 LAND AND TIMBER,
LLC, a North Carolina limited liability company ("Owner"), having an address of P.O.
Box 1505, New Bern, NC 28563 and NORTH AMERICAN LAND TRUST
("Holder'), a Pennsylvania non-profit corporation having an address of Post Office Box
467, Chadds Ford, PA 19317,
WITNESSETH THAT:
WHEREAS, Owner is the owner of certain real property in Pamlico County, NC
that consists of approximately 2500 acres (hereinafter called the "Property") as most
recently described in deeds granted to Owner on May 10, 2004 and recorded in the Office
or Register of Deeds of Pamlico County at Book 422, page 210, Book 422, page 216, and
Book 422, page 225; and
WHEREAS, the Property includes, within its boundaries, land consisting of
334.73 acres, more or less, described as "Spring Creek Conservation Area 2" by metes
and bounds in Exhibit "A" attached hereto (hereinafter called the "Conservation Area");
and
�K 515 PAGE 2
WHEREAS, Holder is a non-profit corporation, having a tax-exempt status
under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (hereinafter
called the "Code"), which has been established as a public charity for the purpose of
preserving and conserving natural habitats and environmentally sensitive areas and for
other charitable, scientific and educational purposes and which is a "qualified
organization" under Section 170(h)(3) of the Code; and
WHEREAS, preservation of the Conservation Area shall serve the following
purposes, (the "Conservation Purposes"):
Preservation of the Conservation Area as a relatively natural habitat of fish,
wildlife, or plants or similar ecosystem; and
Preservation of the Conservation Area as open space which provides scenic
enjoyment to the general public and yields a significant public benefit; and
Preservation of the Conservation Area as open space which, if preserved, will
advance a clearly delineated Federal, State or local governmental conservation
policy and will yield a significant public benefit; and
WHEREAS, the features of the Conservation Area having ecological and scenic
significance (which may be hereinafter called the "Conservation Values") and the
Conservation Purposes have been established in the reports, plans, photographs,
documentation, and exhibits assembled by, and retained in the offices of, North American
Land Trust (collectively called the "Baseline Documentation"), which describes, among
others, the following Conservation Values of the Conservation Area:
The Conservation Area provides wildlife corridors, breeding habitat, foraging
habitat, and shelter for at least 46 species of animals; and
The Conservation Area provides the natural ecological requirements for at least 80
species of plants; and
The Conservation Area includes wetlands, wet areas, and vernal pools providing
aquatic habitat for reptiles, amphibians, and aquatic insects; and
The CA is visible from Bonner Bay (Pamlico Sound), thus providing a natural
scenic view to the general public; and
Preservation of the Conservation Area will provide a critical buffer to the Swan
Creek watershed and the associated Brackish Marsh community thus helping to
insure the highly productive role these communities play in nutrient cycling and
reproduction of marine and estuarine organisms; and
BOOK 515 PAGE I
ARTICLE 1. GRANT OF EASEMENTS
Owner hereby voluntarily, unconditionally and absolutely grants and conveys unto
Holder, its successors and assigns, a perpetual easement in gross over the Conservation
Area for the purpose of preserving and protecting the Conservation Purposes and
enforcing the restrictive covenants set forth below. In addition, Owner hereby grants and
conveys unto Holder, its successors and assigns the easement and right of Holder and its
agents to enter upon and inspect the Conservation Area at least annually and thereafter as
reasonably necessary for compliance with this Conservation Easement at any time and
from time to time, with access over and across the Property if necessary. Holder shall
give Owner notice of any such entry and inspection at least seven (7) days in advance,
except in cases of suspected or known violations of this Conservation Easement.
ARTICLE 2. OWNER'S DECLARATION OF COVENANTS AND RESTRICTIONS
Owner, for Owner and Owner's successors and assigns, covenants and declares
that the Conservation Area shall be, and hereby is, bound by and made subject to the
following covenants and restrictions in perpetuity, subject to and excepting only the
Reserved Rights set forth in Article 3 of this Conservation Easement:
2.1. Use Restrictions. The Conservation Area shall not be used for a residence or
for any commercial, institutional, industrial or agricultural purpose or
purposes. Among the uses prohibited by the preceding sentence are, without
limiting the meaning or interpretation of the preceding sentence, any of the
following: (1) construction or occupancy of any dwellings; (2) manufacture or
assembly of any products, goods, equipment, chemicals, materials or
substances of any kind or nature whatsoever, (3) sale of any products, goods
equipment, chemicals, materials, substances or services of any kind or nature
whatsoever; (4) storage of any products, goods, or chemicals of any kind or
nature, except if stored for use upon the Property in connection with activities
not prohibited by this Conservation Easement; and (5) offices for persons
involved in the sale, manufacture or assembly of goods or services or for the
performance of services.
2.2. Structures Prohibited. Except as provided in Article 3, no Structure
(hereinafter defined) of any kind shall be built, erected, installed, placed,
affixed or assembled within or upon the Conservation Area or upon any trees
or other natural features upon the Conservation Area. "Structure" shall mean
any assembly of material forming a construction for occupancy or use for any
purpose and erected upon or attached to the ground including, for example but
not to limit the foregoing definition, the following: building, shed, dam, dike,
tower, tank, antenna, and bulkhead.
4
BOOK 515 PAGE 5
2.3. Limitation on Recreational Activities. No recreational activities shall occur
within the Conservation Area except for recreational activities that, by their
nature, are likely not to have a material adverse effect on the Conservation
Values of the Conservation Area. Examples of such activities which are
included here for illustration and not for limitation of the foregoing, include
hunting, fishing, shooting, walking, jogging, wildlife observation,
photography, and horseback riding.
2.4. Removal of Ground or Surface Water from Conservation Area. No ground or
surface water from the Conservation Area shall be removed, collected,
impounded, stored, transported, diverted or otherwise used for any purpose or
use outside the boundaries of the Conservation Area nor for any purpose or
use within the boundaries of the Conservation Area that is prohibited by this
Conservation Easement.
2.5. Roads. Driveways, Etc. Except as provided in Article 3, there shall not be
constructed, cut, created or placed on the Conservation Area any road,
driveway, cartway, path or other means of right of passage across or upon the
Conservation Area.
2.6. Live or Dead Trees. Except as provided in Article 3, no cutting, removal or
destruction of live or dead trees shall be permitted upon or within the
Conservation Area. Dead trees that have fallen shall be allowed to remain
where they have fallen unless a dead tree blocks a road or trail or threatens the
safety of persons or property, in which case it may be moved to the extent
necessary to prevent such blockage or threat.
2.7. Signs and Similar Structures. Except as provided in Article 3, no signs,
billboards or outdoor advertising structures shall be placed, erected or
maintained within the Conservation Area.
2.8. Land Disturbance. Except as provided in Article 3, there shall be no filling,
excavating, dredging, surface mining, drilling, or any removal of topsoil, sand,
gravel, rock, peat, minerals or other materials, upon or from the Conservation
Area
2.9. Dumping. There shall be no dumping of ashes, trash, garbage, or any other
unsightly or offensive materials at any place on, under or within the
Conservation Area.
2.10. Change of TonoMWhv. There shall be no material change in the topography
of the Conservation Area in any manner.
BOOK 515 PAGE 6
2.11. Water Courses. Except as provided in Article 3, there shall be no dredging,
channelizing or other manipulation of natural water courses or any water
courses existing within the Conservation Area as of the date of this
Conservation Easement. There shall be no discharge of chemicals, waste
water or other pollutants into any permanent or intermittent water course.
2.12. Soil Erosion and Sedimentation Control. All activity on the Conservation
Area shall be conducted so as to avoid the occurrence of soil erosion and
sedimentation of streams or other water courses. Without limitation of the
foregoing, Owner and Holder shall, in identifying practices that will prevent
soil erosion and sedimentation, refer to the soil conservation practices as then
established or recommended by the Natural Resources Conservation Service
of the United States Department of Agriculture or any successor
governmental office or organization performing the same function within the
United States government, as approved by Holder.
2.13. Livestock. Except as provided in Article 3, there shall be no livestock grazing
in the Conservation Area.
2.14. Non -Native Plant Species. Except as provided in Article 3, there shall be no
introduction of plant species within the Conservation Area except those that
are native to the area in which the Conservation Area is located or that are
recognized as non-invasive horticultural specimens.
2.15. Transfers of Development Rights or Development Densily Credits. The
Conservation Area may not be used as open space for purposes of obtaining or
qualifying for governmental approval of any subdivision or development on
lands outside the boundaries of the Conservation Area nor, without limitation
of the foregoing, may the Conservation Area be used in the calculation of the
amount or density of housing units or other construction for development on
lands outside the boundaries of the Conservation Area or for sale by Owner.
2.16. No Subdivision. There shall be no subdivision or other division of the
Conservation Area into one or more lots, tracts or parcels of land under
separate ownership.
2.17. Notice of Exercise of Reserved Rights. As required by 26 C.F.R. § 1.170A-
14(g)(5)(ii), Owner shall notify Holder in writing before exercising any
Reserved Right that may impair the conservation interests associated with the
Conservation Area.
2.18. Preservation of Conservation Area. Without limiting the preceding covenants
and restrictions, any use or activity which is not reserved in Article 3 of this
Conservation Easement and which is inconsistent with the Conservation
Purposes or which materially threatens the Conservation Purposes is
prohibited.
IN
BOOK 515 PAGE 7
2.19. Restrictions Cumulative. The prohibitions and restrictions in this
Conservation Easement shall be considered cumulative. No prohibition or
restriction contained herein shall be interpreted as a limitation on the meaning,
effect, interpretation or enforceability of another prohibitive or restrictive
provision.
ARTICLE 3. RESERVED RIGHTS
Owner reserves for Owner and Owner's, successors and assigns who may now or
hereafter be owner of all or part of the Conservation Area the rights set forth in this
Article 3 (the "Reserved Rights"). Owner and Holder recognize that these Reserved
Rights and the activities and uses which are described below as the Reserved Rights may
be conducted as described below notwithstanding the prohibitions and restrictions of
Article 2 without having an adverse effect on the Conservation Purposes.
3.1. Water Courses. Dredging, channelizing or other manipulation of previously -
altered natural or manmade water courses within the Conservation Area may
be conducted if necessary to maintain wetlands, if any, existing on the
Conservation Area, to restore wetlands previously existing on the
Conservation Area. Owner shall be responsible for obtaining all necessary
government permits and approvals for such activity and Holder shall have the
right, but not the obligation, to require that such permits and approvals be
produced for inspection by Holder.
3.2. Fences. Owner may construct fences up to six feet in height except, however,
that any fence that is visible from any public road or waterway that is
accessible to the public and from which is offered a scenic view into the
Conservation Area shall be prohibited unless such fence shall have no material
adverse effect upon the scenic Conservation Purpose and such fence is
approved in writing by Holder.
3.3. Wildlife Stands. Nests and "Blinds". Owner may construct a reasonable
number of wildlife hunting or observation stands and "blinds" and houses,
nests or perches for birds or other wildlife; provided that in the installation or
construction of any such Structure Owner shall comply with all other
covenants and restrictions of this Conservation Easement. Owner may
construct one (1) dock on or appurtenant to the Conservation Area.
3.4. Trails and Paths. Owner may construct trails or paths for nature education and
outdoor recreation purposes if the following requirements and conditions are
satisfied: (a) the surface of the trail shall remain pervious (such as dirt, wood
chips or gravel); (b) the trail shall be located, to the extent possible, in the path
of a trail or forestry road existing on the date of this Conservation Easement;
(c) the width of the area cleared and improved for the trail shall not exceed
that which is necessary for pedestrian, small hunting vehicle, or equestrian
7
SOK 515 PAGE 8
use; and (d) the trail shall be otherwise installed in a manner to avoid
unnecessary tree removal, grading and other land disturbance.
3.5. Raised Walkways. Owner may construct raised walkways for access to any or
all of the land within the Property if the following requirements and conditions
are satisfied: (a) it is not feasible to use any existing walkway or pathway or to
improve any existing walkway or pathway for such access purpose; and (b)
Owner shall comply with all other covenants and restrictions of this
Conservation Easement.
3.6. Stream or Wetland Restoration. Owner may perform work, including the
removal of vegetation or disturbance of land, within the vicinity of existing
water courses or regulated wetlands if the following requirements and
conditions are satisfied: (a) such work is intended and designed to restore or
maintain natural stream channel morphology and natural wetland hydrology
and (b) the approval of Holder is obtained. Owner shall be responsible for
obtaining all necessary government permits and approvals for such work and
Holder shall have the right, but not the obligation, to require that such permits
and approvals be produced for inspection by Holder before Holder's approval
is granted.
3.7. Existing Structures. Structures existing on the Conservation Area on the date
of this Conservation Easement, whether or not such Structure would be
permitted to be erected or installed on the Conservation Area under these
Reserved Rights, may, nevertheless, be repaired or restored to the condition
and dimensions in which the Structure existed on date of this Conservation
Easement.
3.8. Hunting,, Etc. Not Prohibited. Nothing in this Conservation Easement shall be
construed to limit the right of Owner and Owner's guests and invitees to hunt,
trap, and otherwise harvest fish and other wildlife.
3.9. Forest Management. Timber thinning or salvaging shall be permitted upon
or within the Conservation Area, and such trees may be sold and removed
from the Conservation Area, only if the following conditions are first satisfied:
3.9.1. The Owner submits for the Holder's approval, and receives Holder's
approval of, a timber harvest and forest management plan (the "Forest
Management Plan").
3.9.2. Owner shall contact Holder prior to preparation of the Forest
Management Plan to obtain the required information to be included in
any such plan. Without limitation of the foregoing, the Forest
Management Plan must address and provide detailed information
regarding harvesting plans and protocols, road locations and design
standards, and erosion control measures.
8
900K 515 PAGE 9
3.9.3. The Forest Management Plan must be prepared at Owner's expense by
qualified natural resource personnel who are experienced in the
preparation of forest management plans.
3.9.4. The purpose of the Forest Management Plan and the timber thinning
and salvaging activities proposed by the Forest Management Plan must
be designed to accomplish the following purposes: (a) abatement of
disease; (b) abatement of insect infestation; (c) abatement of fire
hazard; (d) improvement of habitat conditions for exceptionally rare
species in existing forest; and (e) replacement of pine plantation
species, followed by natural regeneration of tree species to promote a
natural and mature forest condition.
3.9.5. Implementation of the Forest Management Plan must not adversely
effect rare, threatened or exemplary natural communities or otherwise
adversely affect the Conservation Purposes.
3.9.6. Owner may use controlled burning methods in areas as part of the
Forest Management Plan for enhancement of wildlife habitat in a
manner similar to a natural fire disturbance regime; provided,
however, that controlled burning will not be permitted in mature forest
areas, bottomlands next to streams or live oak hammocks and that
Owner shall be responsible for any damage to the Conservation Area,
destruction of Conservation Values or other violation of this
Conservation Easement due to the failure to contain such controlled
burning within the permitted areas and for the purposes as aforesaid.
The controlled burning shall be managed so as to avoid water pollution
from erosion and sedimentation.
3.10. Tree Cutting. Except as otherwise permitted herein, cutting, removal or
destruction of trees shall be permitted upon or within the Conservation Area
only under the following conditions:
3.10.1. A live tree that has been damaged or disturbed by forces of nature may
be cut if such tree presents a threat of injury to persons or property or
blocks a trail, road or other means of access to any part of the
Conservation Area. Once cut, the tree shall be allowed to remain in its
fallen location unless such location presents a threat of injury to
persons or property or blocks a trail, road or other means of access to
any part of the Conservation Area.
3.10.2. Early successional tree species may be selectively removed for the
purpose of preserving areas of meadow that existed as meadow on the
date of this Conservation Easement.
E
BOOK 515 PAGE 10
3.10.3. Notwithstanding the foregoing, Owner may cut and remove trees to
construct a reasonable number of small wildlife food plots and to plant
wildlife food species on same.
3.11. Service Vehicle Trails. Owner also may install and maintain service vehicle
trails or fire break lanes for limited vehicular access to the areas of the
Property otherwise inaccessible by vehicle for use in maintenance, emergency
access, and other permitted uses of the Property if the following requirements
and conditions are satisfied: (a) the surface of such trails shall remain
pervious (such as dirt or gravel); (b) such trails shall be located, to the extent
possible, in the path of forestry roads existing on the date of this Conservation
Easement; (c) the width of the area cleared for such trails shall not exceed that
which is necessary for a single lane of vehicular traffic; (d) and such trails
shall be otherwise installed in a manner to avoid unnecessary tree removal and
land disturbance; and (e) if such trails require any grading or change in
topography, then such grading shall blend into the natural topography of the
Property, shall control erosion, and shall be of a design and location approved,
in advance, by the Holder in its discretion.
3.12. Signs. Owner may install a reasonable number of signs of the following types:
3.12.1. regulatory or directional signs including, for example but not for
limitation of the foregoing, "no trespassing" signs, "no gunning" signs,
or "no hunting" signs;
3.12.2. signs stating the common name of the Conservation Area, the names
and addresses of the occupants or both;
3.12.3. signs advertising or directing participants to an activity permitted
under the provisions of this Conservation Easement;
3.12.4. signs identifying the interest of Owner or Holder in the Conservation
Area; and
3.12.5. signs educating the public as to the ecology of the area.
Notwithstanding the foregoing, any sign that is greater than four square feet in
surface area and visible from any public road or waterway accessible to the
public and from which is offered a scenic view into the Conservation Area
shall be prohibited unless such sign shall have no material adverse effect upon
the Conservation Purposes and such sign is approved in writing by Holder.
3.13. Maintenance of Roads, Trails, Etc. Owner may maintain in passable condition
the Structures, roads, trails or walkways existing within the Conservation Area
at the date of this Conservation Easement or otherwise constructed in
accordance with the terms hereof. Included within this right of maintenance,
10
M 515 PAGE 11
without limitation, are: the right to prune trees or other vegetation which
threaten the safety of persons who may use or maintain the road, trail or
walkway; the right to install or apply materials necessary to correct or impede
erosion; grading of earth to maintain a passable condition or to control or
impede erosion; replacement of existing culverts, water control structures and
bridges; and maintenance of roadside ditches.
3.14. Notice and Approval Before Exercise of Certain Reserved Rights. None of
the Reserved Rights for which the approval of Holder is expressly required in
any Section of this Article 3 may be exercised or undertaken unless Owner has
first satisfied the following conditions and requirements:
3.14.1. Owner shall notify Holder in writing before exercising any of such
Reserved Rights.
3.14.2. Holder must be satisfied, as evidenced by its prior written approval of
Owner's proposed exercise of a Reserved Right, that any use or
activity done in the exercise of the Reserved Right will meet the
requirements and conditions for such Reserved Rights and will have
no material adverse effect on the Conservation Purposes or on the
significant environmental features of the Conservation Area described
in the Baseline Documentation.
3.14.3. Notwithstanding anything in this Conservation Easement to the
contrary, if Owner undertakes to exercise a Reserved Right or other
action, without prior approval of Holder, where such approval is
expressly required under this Conservation Easement, then (a) such
exercise of the Reserved Right by Owner may be treated by Holder, in
Holder's sole discretion, as an action that was prohibited by this
Conservation Easement as fully as if the Reserved Right or other right
was not contained in, or reserved to Owner under, this Conservation
Easement and (b) Holder may decline to accept or consider any request
for approval of an action that has already been commenced. Holder
may, but shall not be obligated to, accept and consider a request for
approval after a Reserved Right has been commenced or exercised by
Owner. Should Holder elect, in its discretion, to decline to assert this
prohibition and to waive a violation of the Conservation Easement
arising solely from Owner's failure to seek and obtain Holder's
approval before exercising a Reserved Right or other right where such
approval is required, Holder shall not be thereby obligated to do so in
any future circumstance or event and Holder's waiver shall not be
construed to require any waiver in a subsequent instance.
900K 515 PAGE 12
3.15. Procedure for Obtainine Approval. Holder's prior written approval of the
exercise of Reserved Rights for which approval of Holder is required shall be
obtained, conditionally obtained or declined according to the procedure
provided in this Section. At least forty-five (45) days before Owner begins, or
allows, any exercise of Reserved Rights on the Conservation Area Owner
must notify Holder in writing of Owner's intentions to do so. Such notice
must include plans depicting, in such detail as Holder reasonably requests, the
construction or other use or activity, and location thereof, which Owner
intends to undertake. Owner may also be required to present to Holder for
review any applications to, and approvals or permits issued by, any
governmental entity that is required for the exercise of the Reserved Right for
which Holder's approval is sought. Holder may request additional
information or details not provided by Owner regarding Owner's proposed
exercise of Reserved Rights as Holder reasonably believes necessary to
determine compliance with this Article. Holder shall have thirty (30) days
from receipt of the notice, in which to make one of the of the following
determinations:
3.15.1. Approve Owner's proposed exercise of a Reserved Right in
accordance with the materials submitted by Owner. Approval on such
terms shall constitute a covenant by Owner to exercise the Reserved
Right solely in accordance with the notice and other information
submitted to Holder; which covenant shall be enforceable by Holder as
fully as if set forth in this Conservation Easement.
3.15.2. Approve Owner's proposed exercise of a Reserved Right in
accordance with the materials submitted by Owner but subject,
however, to such qualifications and conditions as Holder reasonably
may impose in its notice of approval. Such qualifications and
conditions shall be limited to those which Holder reasonably deems
necessary to: assure compliance by Owner with any of the express
covenants or restrictions of this Conservation Easement, preserve and
protect the Conservation Purposes or restrict Owner's exercise of the
Reserved Rights to that which Owner has represented to Holder.
Approval on such terms shall constitute a covenant by Owner to
exercise the Reserved Right, if at all, only in accordance with the
notice and other information submitted to Holder, as modified or
supplemented by the qualifications and conditions that Holder
imposed; which covenant shall be enforceable by Holder as fully as if
set forth in this Conservation Easement.
3.15.3. Decline to grant approval of Owner's proposed exercise of a Reserved
Right on the basis of the notice and other materials submitted. Should
Holder decline to grant approval Holder shall set forth in writing its
specific reasons.
12
BOOK 515 PAGE 13
3.15.4. In the event that Holder's consent or approval is required and Holder
fails to respond, or withholds its consent without setting forth in
writing its reasons in reasonable detail, within the time period
specified forth above then the Holder shall be deemed to have granted
consent or approval in accordance with Paragraph 3. 15.1 unless the
activity for which approval is requested is plainly prohibited by this
Conservation Easement.
3.16. Repeated Requests. Owner shall be free to make further requests for approval
of the exercise of Reserved Rights; provided, however, that Holder may
decline to accept repetitive submissions not materially modified from prior
submissions not accepted by Holder.
3.17. Costs and Expenses of Review and Approval. Owner shall be responsible, as
a condition of the right to exercise the Reserved Rights, for payment of
Holder's reasonable costs and expenses, including legal and consultant fees,
associated with review of Owner's request for approval. Holder may
condition consideration of a proposal for exercise of Reserved Rights upon the
deposit of a sum of money with Holder to secure payment of Holder's
reasonable costs of review. The time period for Holder's consideration of
Owner's request shall not run until such deposit is made.
3.18. Limitation of Liability. The Reserved Rights for which the consent or
approval of Holder is expressly required in this Conservation Easement may
not be exercised unless and until Holder is satisfied that the exercise of the
Reserved Right for which approval is sought, and in the manner proposed by
Owner, can be done without a material adverse effect on the Conservation
Purposes or other significant ecological values of the Conservation Area.
Owner hereby waives, for Owner, and Owner's successors, legal
representatives, and assigns, to the fullest extent allowed by law, any and all
right to seek or recover damages from Holder in any litigation or other legal
action arising from a dispute over Holder's exercise of its rights, obligations
or interpretations under this Article 3 and agrees that the sole remedy or legal
right to seek redress arising from any decision of Holder pursuant to this
Article 3 shall be to seek a declaratory judgment or other legal declaration by a
court of competent jurisdiction as to the rights of Owner hereunder.
ARTICLE 4. HOLDER'S COVENANTS
4.1. Best Efforts to Enforce. Holder shall use its best efforts to enforce both the
rights granted to it and subject to the Reserved Rights set forth in Article 3, the
restrictions imposed upon the Conservation Area under this Conservation
Easement.
13
BOOK 515 PAM m
4.2. Inability to Enforce: Procedure. If at any time Holder or any successor or
assignee is unable to enforce this Conservation Easement or if Holder or any
successor or assignee of Holder's rights under this Conservation Easement
ceases to exist or ceases to be a "qualified organization" (as defined in the
Code) and if, within a reasonable period of time after the occurrence of any of
these events, Holder or any successor or assignee fails to assign all of its rights
and responsibilities under this Conservation Easement to a "qualified
organization" and "holder", then the rights and responsibilities under this
Conservation Easement shall become vested in and fall upon another qualified
organization in accordance with a proceeding before, and the order of, any
court of competent jurisdiction as to which Owner shall be given notice and an
opportunity to intervene as a party.
4.3. Assignment by Holder. Subject to the prior written approval of Owner or its
successors, which approval shall not be unreasonably withheld or delayed,
Holder and its successors and assigns shall have the right to assign, either
wholly or partially, its right, title and interest hereunder provided that the
assignee is a "qualified organization" under the Code and provided that the
assignee shall hold the Conservation Easement exclusively for the
Conservation Purposes. The term "Holder" as used in this Conservation
Easement shall mean the above-named Holder and any of its successors and
assigns during such period as any such entity is the holder of the rights granted
to Holder in this Conservation Easement.
ARTICLE 5. REMEDIES AND ENFORCEMENT
5.1. Remedies Generally. Holder shall have the right to enforce by proceedings at
law or in equity each and every one of the covenants and restrictions set forth
in this Conservation Easement subject always to the Reserved Rights set forth
in Article 3. The foregoing shall not limit any of the rights or remedies
available to Holder as specifically set forth in any law or in this Conservation
Easement. Holder's remedies described in this Article shall be cumulative and
concurrent and shall be in addition to all remedies now or hereafter available
or existing at law or in equity. Owner shall have the right to enforce its rights
hereunder at law or in equity except as expressly limited within Conservation
Easement.
5.2. Remedy of Specific Performance. Without limitation of any other rights of
Holder or Owner in this Conservation Easement, Holder's right of
enforcement of this Conservation Easement shall include the right to seek
specific performance by Owner of the restoration of the Conservation Area to
its condition prior to any activity that violates this Conservation Easement or
as otherwise may be necessary to remedy any violation of any easement,
14
BOOK 515 PAGE 15
covenant, prohibition or restriction in this Conservation Easement, as Holder
may elect.
5.3. Remedy of Daman. If Owner violates this Conservation Easement (exercise
of the Reserved Rights not being a violation) in such a manner as to cause
damage to, extract or remove any trees, mineral resources, pond, wetland,
stream, or other natural resource protected by this Conservation Easement,
Holder shall be entitled to payment of damages in the amount of the value of
the protected natural resource; provided, however, that if the natural resource
effected by the Owner's violation of this Conservation Easement can be
restored to its condition prior to the violation and if Owner does restore the
natural resource to its condition prior to the violation within 90 days after
notice of violation from Holder then Holder shall accept such restoration in
lieu of damages. Holder may seek payment and recovery of such damages by
any means available at law. The value of the protected natural resource shall
be the greater of (a) the market value of the resource or, (b) the cost of
immediate restoration of the Conservation Area and all resources to its
condition prior to the violation. If such immediate restoration is not
reasonably possible then the market value of the resource shall be the amount
of damages. If the resource does not have a readily determinable market value
then the amount of damages shall be the amount which a court having
jurisdiction may determine, taking into account the importance of the resource
to the fulfillment of the Conservation Purposes.
5.4. Rights and Remedies in Relation to Third Parties. As the owner of a real
property interest under this Conservation Easement, Holder shall have the
right, without limitation of any rights herein as against Owner, to assert and
enforce any of the rights and remedies in this Conservation Easement against
any person or entity other than Owner that engages in any action upon the
Conservation Area that constitutes a violation of any of the covenants or
restrictions of this Conservation Easement, whether such person or entity
enters upon the Conservation Area as a tenant, guest or invitee of Owner, by
an act of trespass or by any claim of right and Owner may cooperate with
Holder by joining in any action or proceeding commenced by Holder for such
purpose.
5.5. Remedy: Failure to Pay Certain Taxes. If Owner fails to pay any uncontested
taxes or other governmental assessments which may become a lien on the
Conservation Area or upon this Conservation Easement or the rights it
represents or that it grants to Holder, Holder may, but shall have no obligation
to, pay such taxes or assessments or any part thereof upon ten (10) days after
sending written notice to Owner, according to any bill, statement, or estimate
procured from the appropriate public office. Payment made by Holder shall
become a lien on the Conservation Area in favor of Holder upon payment by
Holder and shall bear interest until Holder is paid by Owner at the rate of
15
BOOK 515 PAGE 16
twelve percent (12%) per annum or at the highest rate of interest per annum as
is allowed by applicable law, whichever is less.
5.6. Natural Events Not a Violation. Notwithstanding anything herein to the
contrary, Holder shall not bring any action seeking to enforce this
Conservation Easement against Owner, nor shall this Conservation Easement
be considered to have been violated by Owner, as a result of any damage to
the Conservation Area if such damage was solely the result of a natural event
such as an earthquake or flood, wind, lightning or other storm event, including
those events commonly referred to as "acts of God", or as a result of any
emergency measures reasonably and prudently taken by Owner to abate or
mitigate significant injury to the Conservation Area as a result of any such
natural event.
5.7. No Third Party Rights of Enforcement. This Conservation Easement may
only be enforced by Owner and Holder and no third party beneficiary rights,
rights of enforcement or other rights are created or intended to be created or
granted by this Conservation Easement in or to any other person or entity, any
person or entity that was once an "Owner" but is no longer an owner of the
Conservation Area, the public generally or any governmental authority except
to the limited extent necessary to undertake an action under Section 4.2 or as
required by statute (and only to the extent such statute cannot be waived by
agreement of Holder and Owner).
5.8. Reimbursement of Expenses of Enforcement. In the event that Holder acts,
after notice to Owner, to enforce this Conservation Easement or any obligation
hereunder as a result of a violation of the Conservation Easement by Owner or
any tenant, contractor, agent, guest, licensee or invitee; all reasonable
expenses incurred by Holder shall be charged to and paid by Owner, including
reasonable attorneys' fees regardless of whether an action or proceeding is
commenced. All such expenses, together with costs of collection (including
reasonable attorneys' fees), shall be recoverable by Holder and be subject to
collection by all lawful means for the collection of a debt under the law of the
state in which the Conservation Area is located and shall be liens upon the
Conservation Area, and collection thereof may be enforced by foreclosure and
sale of the Conservation Area.
5.9. No Merger of Title. Notwithstanding anything to the contrary in this
Conservation Easement, should Holder become an Owner of any portion of
the Conservation Area, this Conservation Easement shall not merge with any
interest in the Conservation Area upon conveyance to Holder and title shall be
transferred subject to the continued validity and enforceability of this
Conservation Easement in accordance with the laws of the State in which the
Conservation Area is located. In such event the rights of Holder under this
Conservation Easement as to the portion of the Conservation Area owned by
1V
BOOK 515 PAGE 17
Holder shall forthwith be transferred to a "qualified organization" in
accordance with Section 4.3. or, if necessary, 4.2.
5.10. Reimbursement of Expenses of Litigation. Should Owner or anyone acting
by, through, under or on behalf of Owner, commence litigation against Holder
to enforce any rights hereunder or to dispute any actions or inaction of Holder,
to enforce any alleged duty or obligation of Holder hereunder or to seek
damages or specific performance against Holder then unless Holder is finally
determined by a court of competent jurisdiction, beyond right of appeal, to
have acted in an unreasonable, arbitrary or capricious manner and contrary to
the terms of this Conservation Easement, then Owner shall reimburse Holder
on demand for all costs and expenses, including attorneys fees, reasonably
incurred by Holder in its defense in such litigation. Holder shall not be
considered to have acted in an unreasonable, arbitrary or capricious manner
solely based on the fact that Holder did not or does not prevail in legal
proceedings.
5.11. No Waiver of Rights of Enforcement. The failure of Holder to exercise any of
its rights under this Conservation Easement on any occasion shall not be
deemed a waiver of said rights and Holder retains the right in perpetuity to
require full compliance by Owner of the covenants and restrictions in this
Conservation Easement.
ARTICLE b. GENERAL PROVISIONS
6.1. Vesting of Real Property Interest. This Conservation Easement gives rise to a
real property right and interest immediately vested in Holder. For purposes of
this Conservation Easement, the fair market value of Holder's right and
interest shall be equal to the difference between (a) the fair market value of the
Conservation Area as if not burdened by this Conservation Easement and (b)
the fair market value of the Conservation Area burdened by this Conservation
Easement.
6.2. Rules of Construction and Interpretation. The parties recognize the
environmental, scenic, and natural values of the Conservation Area and have
the common purpose of preserving these values. Any general rule of
construction to the contrary notwithstanding, this Conservation Easement shall
be construed in favor of the grant to protect and fulfill the Conservation
Purposes. If any provision in this Conservation Easement is found to be
ambiguous, an interpretation consistent with the Conservation Purposes that
would render the provision valid should be favored over any interpretation that
would render it invalid. If any provision of this Conservation Easement is
determined by final judgment of a court having competent jurisdiction to be
invalid, such determination shall not have the effect of rendering the
remaining provisions of this Conservation Easement invalid.
17
BOOK 515 PAGE 1B
6.3. Indemnification. Owner covenants and agrees to indemnify, defend,
reimburse, and hold harmless Holder, its directors, officers and employees
from, for and against any Loss (hereinafter defined) to the extent such Loss
arose from an Indemnified Cause (hereinafter defined). A "Loss" shall mean
any loss, cost, liability, penalty, fine, or damage of any kind or nature
whatsoever which Holder or any of its directors, officers or employees may
reasonably be concluded to have suffered, paid or incurred The term "cost"
shall include, but shall not be limited to, reasonable attorneys' fees and
witness and court fees. An "Indemnified Cause" shall mean any of the
following the violation of any law in, upon or involving the Conservation
Area by Owner or anyone acting by, for, through or under the direction of
Owner, including but not limited to any tenant, contractor, agent, licensee or
invitee of Owner; any breach of covenants and restrictions in this
Conservation Easement by Owner or anyone acting by, for, through or under
the direction of Owner, including but not limited to any tenant, contractor,
agent, licensee or invitee of Owner; any tax or assessment upon the
Conservation Area or upon this Conservation Easement or the rights it
represents or that it grants to Holder; any death or injury to any person
occurring on or about the Conservation Area; any lien or attempts to enforce a
lien asserted against the Conservation Area; any loss or damage to any
property on or about the Conservation Area; any dispute involving Owner and
Holder regarding the interpretation or enforcement of this Conservation
Easement as to which the interpretation or enforcement of Holder is upheld;
but "Indemnified Cause" shall not include any cause which results from
Holder's own acts which are finally determined by a court to have been the
result of bad faith, negligence or willful misconduct of Holder. It is further
agreed that no person shall have an indemnification obligation or liability
under this Section as to any Indemnified Cause which arises entirely and
solely from events which occurred after such person is no longer the legal or
equitable owner of the Conservation Area or any part thereof and is no longer
in possession of the Conservation Area or any part thereof (it being
understood that one or more subsequent Owners shall have such
indemnification, defense, reimbursement, and holding harmless obligation).
6.4. Responsibilities and Liabilities of Owner. Without limitation of anything
herein to the contrary, Owner shall (a) retain all responsibilities and shall bear
all costs and liabilities of any kind related to the ownership, operations,
upkeep, and maintenance of the Conservation Area, including the general
liability insurance coverage and obligation to comply with applicable law and
(b) pay all taxes, levies and assessments and other governmental or municipal
charges which may become a lien on the Conservation Area.
is
BOOK 515 PAGE 19
6.5. Allocating Proceeds Following Extinguishment of Conservation Easement. It
is the intention of the parties that no change in conditions, including for
example but not for limitation of the foregoing changes in the use of
properties adjoining or in the vicinity of the Property or Conservation Area,
will at any time or in any event result in the extinguishment of any of the
covenants, restrictions or easements contained in this Conservation Easement.
If, however, notwithstanding the foregoing intention, any cause or
circumstance gives rise to the extinguishment of this Conservation Easement
or a material term or provision hereof by judicial proceeding then Holder, on
any subsequent sale, exchange or involuntary conversion of the Conservation
Area, shall be entitled to a portion of the proceeds of sale equal to Holder's
Proportionate Share (hereinafter defined) of the proceeds of sale, exchange or
involuntary conversion of the Conservation Area. "Fair Market Value of this
Conservation Easement" shall mean the difference between (i) the fair market
value of the Conservation Area as if not burdened by this Conservation
Easement and (ii) the fair market value of the Conservation Area burdened by
this Conservation Easement. "Holder's Proportionate Share" shall mean the
fraction derived from (x) the Fair Market Value of this Conservation
Easement on or about the date hereof, as a numerator, and (y) the fair market
value of the Conservation Area if not burdened by this Conservation
Easement, on or about the date hereof, as a denominator. "Proceeds of sale"
shall mean the cash value of all money and property paid, transferred or
contributed in consideration for, or as otherwise required as a condition to the
sale, exchange or involuntary conversion of, the Conservation Area minus the
actual bona fide expenses of such transaction and an amount attributable to the
improvements constructed upon the Conservation Area pursuant to the
Reserved Rights hereunder, if any. All such proceeds received by Holder shall
be used in a manner consistent with the purposes of this grant.
6.6. Allocating Proceeds of Condemnation. Whenever all or part of the
Conservation Area is taken by exercise of eminent domain by public,
corporate or other authority so as to abrogate the restrictions imposed by this
Conservation Easement, Owner and Holder shall join in 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. All reasonable expenses incurred
by Owner and Holder, including reasonable attorneys' fees, in any such action
shall be paid out of the recovered proceeds. Holder shall be entitled to
Holder's Proportionate Share of the recovered proceeds and shall use such
proceeds in a manner consistent with the purposes of this grant.. The
respective rights of the Owner and Holder set forth in Section 6.5 and this
Section 6.6 shall be in addition to and not in limitation of, any rights they may
have in common law with respect to a modification or termination of this
Conservation Easement by reason of changed conditions or the exercise of
powers of eminent domain as aforesaid.
19
BOOK 515 PAGE 20
6.7. Amendment or Modification of Conservation Easement. Owner and Holder
recognize that circumstances could arise which would justify the modification
of certain of the restrictions contained in this Conservation Easement. To this
end, Holder and the legal owner or owners of the Conservation Area or, if the
Conservation Area has been legally subdivided, the Owner of that portion of
the Conservation Area affected by such amendment at the time of amendment
shall mutually have the right, in their sole discretion, to agree to amendments
to this Conservation Easement which are not inconsistent with the
Conservation Purposes; provided, however, that Holder shall have no right or
power to agree to any amendments hereto that would result in this
Conservation Easement failing to qualify as a qualified conservation
contribution under Section 170(h) of the Internal Revenue Code and
applicable regulations.
6.8. Covenants, Etc. Run With The Land. This Conservation Easement and all of
the covenants, Owner's Reserved Rights set forth in Article 3,
indemnifications, releases, easements and restrictions set forth in this
Conservation Easement shall run with the land and be binding upon Owner
and Owner's successors and assigns, unless otherwise expressly provided in
this Conservation Easement. The term "Owner" used in this Conservation
Easement shall mean and include the above-named Owner and any of Owner's
successors or assigns, whether one or more, that are the legal owners of the
Conservation Area or any part thereof. The term "Holder" used in this
Conservation Easement shall mean and include the above-named Holder and
its successors and assigns, it being understood and agreed that any assignee of
the rights of Holder hereunder must be a "qualified organization" as defined in
Section 170 (h) of the Code, as amended, and shall cant' out the obligations of
Holder and the intent of this Conservation Easement.
6.9. Limitation on Owner Liability. Owner shall be and remain liable for any
breach or violation of this Conservation Easement only if such breach or
violation occurs during such time as Owner is the legal or equitable owner of
the Conservation Area or any part thereof or is in possession of the
Conservation Area or any part thereof.
6.10. Effect On Mortgages and Other Liens. All mortgages, deeds of trust and other
liens or encumbrances upon all or any part of the Conservation Area which
either come into existence or are recorded in the place for the recording of
such liens or encumbrances after the date of this Conservation Easement will
be subject to and subordinate to this Conservation Easement.
6.11. Right of Conveyance Retained; Notice Required. Nothing in this
Conservation Easement shall limit the right of Owner, its successors or
assigns to grant or convey the Conservation Area, provided that any such grant
or conveyance shall be under and subject to this Conservation Easement.
20
BOOK 515 PAGE 21
Owner shall notify Trust in writing of any sale, transfer, lease or other
disposition of the Conservation Area or any part thereof, whether by operation
of law or otherwise, not later than 30 days after such disposition and such
notice shall include a copy of the deed, lease, or other declaration of transfer,
the date of transfer, and the name or names and addresses for notices of the
transferee.
6.12. Managerial Control Retained by Owner. Nothing in this Conservation
Easement shall be construed as giving rise to any right or ability of Holder to
exercise physical or managerial control over day-to-day operations of the
Conservation Area, or any of Owner's activities on the Conservation Area, or
otherwise to become an operator with respect to the Conservation Area within
the meaning of the Comprehensive Environmental Response, Compensation
and Liability Act of 1480, as amended.
6.13. Compliance With Law. Notwithstanding provisions hereof to the contrary, if
any, Owner shall be solely responsible for complying with all federal, state
and local laws and regulations in connection with the conduct of any use of
the Conservation Area by Owner or the erection of any Structure permitted
hereunder by Owner, and Owner shall be solely responsible for obtaining any
required permits, approvals and consents from the relevant governmental
authorities in connection therewith.
6.14. Public Access Not Created. Nothing in this Conservation Easement shall be
construed to create any right of access to the Conservation Area by the public.
6.15. Notices. All notices under the terns of this Conservation Easement, and all
requests for the consent or approval of Holder, shall be in writing and shall be
deemed to have been given when either (a) served personally, or (b) sent by
certified mail with return receipt requested and postage prepaid or by
reputable national overnight delivery service, to the address set forth on the
first page of this Conservation Easement or such other address provided by
notice (using one of the methods aforesaid) from Holder or Owner to the other
for that purpose. Notices by Holder to an Owner need only be given to the
Owner of that portion of the Conservation Area that is the subject of the
notice.
6.16. Headings. The underlined headings preceding the Sections in this
Conservation Easement are intended for convenience of reference only and
shall not be applied in the construction or interpretation of the substance of
this Conservation Easement nor shall any such headings be construed to add
to, detract from or otherwise alter the substance, meaning, force or effect of
any of the Sections in this Conservation Easement.
21
BOOK 515 PAGE 22
6.17. Availability or Amount Of Tax Benefits. Holder makes no warranty,
representation or other assurance regarding the availability, amount or effect
of any deduction, credit or other benefit to Owner or any other person or entity
under United States or any state, local or other tax law to be derived from the
donation of this Conservation Easement or other transaction associated with
the donation of this Conservation Easement. This donation is not conditioned
upon the availability or amount of any such deduction, credit or other benefit.
Holder makes no warranty, representation or other assurance regarding the
value of this Conservation Easement or of the Conservation Area. As to all of
the foregoing, Owner is relying upon Owner's own legal counsel, accountant,
financial advisor, appraiser or other consultant and not upon Holder or any
legal counsel, accountant, financial advisor, appraiser or other consultant of
Holder. In the event of any audit or other inquiry of a governmental authority
into the effect of this donation upon the taxation of Owner, then Holder shall
be reimbursed and indemnified for any out of pocket cost or expense incurred
by Holder in responding or replying thereto.
6.18. Warranties and RgRresentations of Owner. By signing this Conservation
Easement, Owner acknowledges, warrants and represents to Holder that:
6.18.1. Owner has received and fully reviewed the Baseline Documentation in
its entirety.
6.18.2. The Baseline Documentation includes, among other things:
-Naturalist's Report on the Conservation Area.
-Environmental Conditions Map of the Conservation Area.
-Photographs of current site conditions on the Conservation Area.
-Narrative description of the significant ecological and other
conservation values and characteristics of the Conservation Area.
-Topographic map of the Conservation Area
6.18.3. The Baseline Documentation is an accurate representation of the
condition of the Conservation Area.
6.18.4. Owner has been represented by counsel of Owner's selection, and fully
understands that Owner is hereby permanently relinquishing certain
property rights which would otherwise permit Owner to have a fuller
use and enjoyment of the Conservation Area.
6.18.5. The undersigned individual or individuals signing as or on behalf of
Owner has all legal authority to enter into this Conservation Easement
and perform all of the obligations of Owner hereunder, as the binding
act of Owner.
22
BOOK 515 PAGE 23
6.15.6. Owner is seized of the Conservation Area in fee simple title subject to
matters of record. Owner has the right to brant and convey this
Conservation Easement. The Conservation Area is free and clear of
any and all liens and monetary encumbrances except liens for taxes not
yet due and payable.
6.19. Governing Law. This Conservation Easement shall be governed by and
construed under the law of the state in which the Conservation Area is located.
TO HAVE AND TO HOLD the easements and rights set forth in this
Conservation Easement unto Holder, its successors and assigns, for its own use and
benefit forever.
IN WITNESS WHEREOF, and intending to be legally bound hereby, Owner
and Holder have executed this Conservation Easement as of the day and year first above
written:
I W'R�_Mwl�
PAMLICO 12 LAND AND TIMBER, LLC
a North Carolina limited liability company
Title:��
NORTH AMERICAN LAND TRUST
a non-profit corporation
Attest: pa -ax ;2 B
V l m Mes ► RST
23
BOOK 515 PAGE 24
STATE OF NQ K K' b rd / 1'K F,/ :
COUNTY OF CiQA,.z Jr'C
On this, the,
3Y day ofA�1 20 0before me, a
Notary Public in and for the State of u (0.✓dk4w the undersigned officer,
personally appeared _ U - C- 1)41 fr 114 J're , who acknowledged himself to be the
of PAMLICO 12 LAND AND TIMBER, LLC, a North Carolina
limited lia ility corporation, and that he as such _Ma , being authorized
to do so, executed the foregoing conservation easement fo he purposes therein contained
by signing the name of the corporation by himself as AlN0-e
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
SSC •
jNoPublic
8t.ic My commission expires: 5/1 l/2-0
STATE OF PENNSYLVANIA
COUNTY OF CHESTER
On this, the �) 0 day ofAPRD L , 20_,Q,(, before me, a
Notary Public in and for the State of Pennsylvania, the undersigned officer, personally
appeared Andrew L. Johnson, who acknowledged himself to be the President of North
American Land Trust, a Pennsylvania Non -Profit Corporation, and that he as such
officer, being authorized to do so, executed the foregoing conservation easement for the
purposes therein contained by signing the name of the corporation by himself as
President.
(Seal)
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
43_4�� 4 - __ -
Notary Public
4A -
My commission expires: _Au c— 2,9 c�p/D
j
C
Mh1ANV�Iailotaries
DP PENNSYLVAN4A
Karenry FWr,
penns� X14
My Comm
24 mber, PGnation of Notaries
EXHIBIT Mary BOOK 515 PAGE 25
Using the declination as stated in deed book 267, page 902
Offset to the east 07046'5";
Starting from a PK nail found in the centerline of the bridge and over the middle
of Spring Creek,
Located on State Road 1327,
thence S 48645154" E at a distance of 120.24';
thence S 48045155" E at a distance of 84.231;
thence S 47003134" E at a distance of 87.491;
thence S 42002132" E at a distance of 71.091;
thence S 35048123" E at a distance of 74.461;
thence S 32003133" E at a distance of 21.55' to an iron rod set at intersection of
Whortonville Rd also known as SR 2327 and Silverwood Rd;
thence down the centerline of Road 1 N 61052120" E at a distance of 355.061;
thence down the centerline of Road 1 N 63022139" E at a distance of 35.641;
thence down the centerline of Road 1 N 68008108" E at a distance of 27.271;
thence down the centerline of Road 1 N 79022134" E at a distance of 24.361;
thence down the centerline of Road 1 N 89020133" E at a distance of 30.881;
thence down the centerline of Road 1 S 83042126" E at a distance of 1762.241;
thence down the centerline of Road 1 S 88055106" E at a distance of 33.43' to an
iron rod set;
thence down the centerline of Road 1 N 74030121" E at a distance of 27.981;
thence down the centerline of Road 1 N 63022159" E at a distance of 24.741;
thence down the centerline of Road 1 N 61032'36" E at a distance of 820.50' to an
iron rod set 'C';
thence S 42041139" E at a distance of 30.00' to an iron rod set,
thence N 61032136" E at a distance of 401.671;
thence N 59048123" E at a distance of 20.751;
thence N 59623410" E at -a distance of 43.671;
thence N 54053149" E at a distance of 53.191;
thence N 49044117" E at a distance of 54.851;
thence N 47018121" E at a distance of 1357.88' to an iron rod set;
thence S 43029125" E at a distance of 1371.161to an iron rod set;
thence N 40925926" E at a distance of 50.281to an iron rod set;
This being the point of beginning for spring Creek Conservation Area 2,
thence N 43029127" W a distance of 1273.96' to an iron rod set;
thence N 68013127" E at a distance of 925.13'
to an iron rod set;
thence N 42016142" E at a distance of 349.16'
to an iron rod set;
thence N 08045'30" W at a distance of 471.12'
to an iron rod set;
thence N 47028121" E at a distance of 1522.361
to an iron rod set;
thence S 11045126" E at a distance of 104.92'
to an iron rod set:
thence N 72000109" E at a distance of 3619.61'
to an iron rod set;
thence S 84017130" E at a distance of 1651.20'
to an iron rod set;
thence N 15048'31" W at a distance of 1292.38'
to an iron rod set;
thence N 90000100" W at a distance of 954.51'
to an iron rod set;
thence N 47056136" W at a distance of 2054.81'
to an iron rod set;
thence S 48008128" W at a distance of 967.71'
to an iron rod set;
thence N 36951105" W at a distance of 757.15'
to an iron rod set;
thence N 77608141" W at a distance of 1054.22.1
thence N 12027142" E at a distance of 22.311;
thence N 37037104" W at a distance of 35.031;
thence N 33025122" W at a distance of 84.801;
thence N 48030109" W at a distance of 25.571;
thence N 78006128" W at a distance of 19.341;
thence N 44024141" W at a distance of 52.071;
thence N 38011129" W at a distance of 39.211;
thence N 21013157" W at a distance of 27.121;
thence N 00014110" E at a distance of 42.041;
Page 9 of 4
EXHIBIT 1eA„ BOOK 515 PAGE 26
thence N 09001136" W at a distance of 22.49';
thence N 38"01103" W at a distance of 22.47';
thence N 38015121" W at a distanze of 30.851;
thence S 81013'48` W at a distance of 29.02';
thence N 68044902" W at a distance of 51.251;
thence N 79019'19" W at a distance of 25.181;
thence N 77006149' W at a distance of 38.961;
thence N 51645'43" W at a distance of 35.021;
thence N 89001'44" w at a distance of 53.961;
thence N 71032150" W at a distance of 46.611;
thence N 65044107" W at a distance of 33.411;
thence N 82025111" W at a distance of 35.181;
thence S 87027151" W at a distance of 35.671;
thence N 86038149" W at a distance of 43.931;
thence N 83033'53" W at a distance of 61.711;
thence S 85051132" W at a distance of 82.57';
thence N 85032158" W at a distance of 21.771;
thence S 50000156" w at a distance of 51.91';
thence S 50032144" W at a distance of 28.821;
thence S 82004'55" W at a distance of 44.961;
thence N 54033106" W at a distance of 15.46';
thence N 70025115" w at a distance of 73.721;
thence N 50018'58" W at a distance of 78.911;
thence N 670161230 W at a distance of 35.85';
thence N 50032157" W at a distance of 55.961;
thence N 700041060 W at a distance of 25.391;
thence N 28059108" W at a distance of 29.54';
thence N 18054158" W at a distance of 31.681;
thence N 64057143" W at a distance of 35.661;
thence N 62014135" w at a distance of 11.281;
thence N 68055'20" W at a distance of 36.00';
thence N 27010158" W at a distance of 17.881;
thence N 040111140 E at a distance of 29.801;
thence N 11045'500 W at a distance of 31.631;
thence S 850051380 W at a distance of 21.15';
thence N 520491140 W at a distance of 31.431;
thence N 070071140 E at a distance of 43.011;
thence N 200581290 W at a distance of 10.021;
thence N 04054'510 W at a distance of 30.431;
thence N 08038148" E at a distance of 44.471;
thence N 10049159" E at a distance of 33.971;
thence N 26007157" W at a distance of 38.041;
thence N 24051142" E at a distance of 51.131;
thence N 10026123" W at a distance of 62.761;
thence N 08043140" E at a distance of 57.481;
thence N 68059'20" E at a distance of 37.741;
thence N 04054150" W at a distance of 47.991;
thence N 30024132" E at a distance of 20.381;
thence N 61053111" E at a distance of 67.761;
thence N 35040113" E at a distance of 30.061;
thence N 43046103" E at a distance of 15.651;
thence N 740531180 E at a distance of 34.S3';
thence S 85059153" E at a distance of 46.761;
thence S 420121110 E at a distance of 76.781;
thence N 09014'56• E at a distance of 68.861;
thence N 56027121" W at a distance of 27.841;
thence N 51058'10" E at a distance of 55.15';
thence N 77005134' E at a distance of 16.971;
thence N 46005133" E at a distance of 54.391;
thence N 75027130" E at a distance of 27.421;
thence N 03029156" W at a distance of 21.831;
thence N 33018110" E at a distance of 63.481;
thence N 27017117" W at a distance of 30.041;
EXHIBIT "A"
BOOK 515 PAGE 27
thence N 43057'09" E at a distance of 33.86';
thence N 15029108" W at a distance of 66.10';
thence N le°19'39" E aL a distance of 20.871;
thence S 86014142" E at a distance of 57.361;
thence S 87054'56" E at a distance Of 44.80';
thence N 3747109" E at a distance of 23.55';
thence N 81025'57" W at a distance of 37.871;
thence N 42040117" W at a distance of 54.861;
thence N 88025118" W at a distance of 36.691;
thence N 12020157" W at a distance of 40.05';
thence N 39007141" E at a distance of 21.481;
thence N 23025142" W at a distance of 65.181;
thence N 18020,01" W at a distance of 38.801;
thence N 01005'49" W at a distance of 48.401;
thence N 68056159" E at a distance of 47.221;
thence S 61029'36" E at a distance of 64.811;
thence N 57059152" E at a distance of 93.861;
thence N 17022104" E at a distance of 77.211;
thence N 1S°55'47" E at a distance of 33.311;
thence N 02611145' W at a distance of 28.381;
thence N 55038120" E at a distance of 54.901;
thence N 11029126" E at a distance of 35.631;
thence N 13"54119" W at a distance of 28.571=
thence N 26024130" E at a distance of 47.6S';
thence N 44034'32" E at a distance of 37.571;
thence S 73006'11" E at a distance of 30.371;
thence N 50046'34" E at a distance of 18.01';
thence N 20°18'43• W at a distance of 24.821;
thence N 49003131" E at a distance of 16.741;
thence N 59.251200 E at a distance of 65.201;
thence N 65020124" E at a distance of 35.271;
thence N 78020139" E at a distance of 41.95';
thence S 15052'17" E at a distance Of 16.61';
thence S 47016'11" E at a distance of 82.101;
thence S 86037156" E at a distance of 97.401;
thence N 46034126" E at a distance of 32.381;
thence N 75°05'52" E at a distance of 29.60'
to the mouth of a canal;
thence continuing down centerline of canal S 62046111"
E at a distance of 112.33';
thence continuing down centerline of canal S 63026144"
E at a distance of 108.221;
thence continuing down centerline of canal S 63001149"
E at a distance of 186.151;
thence continuing down centerline of canal S 63914107"
E at a distance of 188.511;
thence continuing down centerline of canal S 63°35103"
E at a distance of 111.271;
thence continuing down centerline of canal S 61056118"
E at a distance of 93.341;
thence continuing down centerline of canal S 63058,53w
E at a distance of 78.531;
thence continuing down centerline of canal S 63050125"
E at a distance of 31.481;
thence continuing down centerline of canal S 55005125"
E at a distance of 61.85';
thence continuing down centerline of canal S 50042107"
E at a distance of 89.231;
thence continuing down centerline of canal S 50031133"
E at a distance of 69.971;
thence continuing down centerline of canal S 50051'54"
E at a distance of 221.67•;
thence continuing down centerline of canal S 51006'05"
E at a distance of 70.02';
thence continuing down centerline of canal S 50055118"
E at a distance of 38.931;
thence continuing down centerline of canal S SO°45'54"
£ at a distance of 71.37';
thence continuing down centerline of canal S 51043137"
E at a distance of 59.141;
thence continuing down centerline of canal S 48055130"
E at a distance of 49.541;
thence continuing down centerline of canal S 50950113"
E at a distance of 234.82';
thence continuing down centerline of canal S 50037119"
E at a distance of 63.021;
thence continuing down centerline of canal S 50954139"
E at a distance of 66.241;
thence continuing down centerline of canal S 50045142"
E at a distance of 88.871;
thence continuing down centerline of canal S 50019150"
E at a distance of 125.67';
Page 3 of 4
APPENDIX B.
TIMER MANAGEMENT PLAN
Timber Management Plan
Spring Creek Timber Company, LLC
Pamlico County, North Carolina
SUPERIOR LAND AND TIMBER CORPORATION
Post Office Box 12784 - New Bern, NC 28561 - Phone (252) 633-0031
To: Spring Creek Timber Company, LLC
Subject: Management Plan for the Spring Creek Timber Company, LLC Tract
Date: 6/ 8/04
I have completed the necessary field work to help you in managing the timber on the
properties.
Enclosed is the management plan for the Spring Creek Timber Company, LLC Tract in
Pamlico County. I hope that you will find this an informative document and helpful to
you in considering options for how to manage these properties.
The Spring Creek Timber Company, LLC Tract ranges from mature stands to young
stands. This range of stand ages lends itself to instituting a management regime that will
allow income from thinning and harvests at intervals from five to ten years on a repetitive
basis. This will insure that the property is working for you and gains are being realized.
Neither this nor any other management plan is set in stone and may change with time and
landowner objectives.
I hope that I may be of further service to you in implementing the recommendations
herein described. If any questions arise when reading this document, as always, feel free
to call me at the office (252) 633-0031 or mobile (252) 635-0017.
r
Je�--ls,R.F.
Table of Contents
Section
Page
General Overview Map
1
Introduction
2
General Site Description
2
Soils
2
Streams and Creeks
3
Soils Map
4
Roads and Ditches
5
Wildlife
5
Roads Map
6
Visual Quality
7
Diseases and Insects
7
Financial Incentives
8
Management Recommendations
9
Total Tract Management Map
10
FMU 1 Recommendations and Map
11
FMU 2 Recommendations and Map
12
FMU 3 Recommendations and Map
13
FMU 4 Recommendations and Map
14
FMU 5 Recommendations and Map
15
Bay River
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Introduction
This document describes the resources present on the property, depicts the property's
natural resources, financial opportunities, and management potential and options. It is
my intent to produce an informative document to help the reader/owner to obtain an
understanding of the resources present along with management options to allow you to
make sound management decisions for the tracts now and in the future.
General Site Descriptions
The Spring Creek Timber Company, LLC tract is a 1,366 acre tract and is located in
eastern Pamlico County on what is known geographically as the Pamlico Surface. The
Pamlico Surface is separated from the Talbot Surface by the Minnesott Ridge, along
which North Carolina Highway 306 was built. The Minnesott Ridge was formed at the
edge of an ancient ocean and the Pamlico Surface was formed under this ancient ocean,
the Pamlico Sea. The tract is on a peninsula bounded to the north by Long Creek, to the
west by Spring Creek, to the south by Broad Creek and to the east by the mouth of Neuse
River and Pamlico Sound. The tract is approximately 2 miles from Florence on the
Whortonsville Road (SR 1327). The tracts are on nearly level land and range from 0 feet
above sea to 6 feet above sea level. This small variation in topography results in a
limited range of soils and associated geologic features.
Soils
The 2 major soil series found throughout the tract is Yonges loamy fine sand and
Stockade loamy fine sand. These soil types are nearly level and poorly to very poorly
drained. The Yonges soil type is in slightly higher positions than Stockade. The seasonal
high water table is very near or at the surface during wet periods. Both of these soil types
are used mainly for woodland. There is very good potential for timber growth on these
soils for pine species, oak species, sweetgum, and maple.
4
Other minor soil types found on the property are Argent loam, Charleston loamy fine
sand, Hobucken muck and Stockade mucky loam. The Argent series is very similar to
Yonges and Stockade. Charleston soils are found along the edge of Spring Creek from
Whortonsville Road to Ives Creek. The Charleston soils are used mainly for cropland, but
in a few areas it is used for pasture or woodland. The Hobucken series And Stockade
mucky loam are similar soils. The Stockade mucky loam is found in the transitional area
from upland forest to marshland, with the Hobucken found in the marsh adjacent to the
creeks and rivers. They are in native vegetation (marsh areas) adapted to extreme
wetness, flooding and exposure to salt. These marshland areas are an important part of
the coastal ecosystem.
The soil types found on the Spring Creek Timber Company, LLC Tract are productive
soils for timber production, having site indices ranging from 95 to 105 for loblolly pine
for the areas that are currently in timber production. By comparison the lowest and
highest site index values for Pamlico County are 60 and 105. High yields are possible
with the proper management techniques and timing. The limiting factors on these soils
are seasonal wetness, flooding and ponding of water in depressions which limits the uses
for building sites, sanitary facilities and recreation. These limiting factors also affect the
use of equipment, which must be used in dry periods to avoid rutting and compaction of
the forest soil. On the next page is a soil series map showing location and size of each
soil series.
Streams and Creeks
There are a number of streams and creeks that border and flow out of the property. These
are Spring Creek, Ives Creek, Bryan Creek, Long Creek, Cow Gallus Creek, Swan Creek,
Maul Run and other unnamed blue -line streams (see blue -line streams on soils map, next
page). These creeks and streams are in the Neuse River Basin and are subject to the
Neuse -Tar -Pamlico Buffer rules and thus it is imperative to maintain the water quality.
Streamside Management Zones (SMZ's) should be established and maintained to protect
water quality and adhere to the Forest Practices Guidelines Related to Water Quality.
3
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Stockade 'ek.ohp
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Spring Creek Timber Company, LLC
Soils Map
Roads and Ditches
The tract has a network of roads that were established to aid in timber production and
removal. The roads have been poorly maintained over the years and are in need of
maintenance. The roads should be graded to provide a crown for watershed. Rock
should be placed in weak spots of the road to prevent degradation and increase passibility
for private vehicles. On the next page (pg. 6) is a map showing present roads and there
assigned number. There are also a set of proposed roads extending from the end of road
number 5. This road should be constructed to facilitate timber removal from this
peninsular area. This road will also serve to increase edge effect for wildlife and to act as
a firebreak during hot, dry summer months. It should be the same width as existing roads
with a spoil ditch to increase road drainage and for the use of the spoil in road building.
This tract has a network of drainage ditches that serve a twofold purpose. First, the
ditches were used for spoil for road building and secondly, to improve the site for timber
production and to lengthen harvest periods. These ditches were dug when International
Paper Company owned the property. Weyerhaeuser Company bought this property from
International Paper Company and did not maintain these ditches during their ownership.
These ditches have filled in over the years and are in need of cleaning to improve
drainage.
Wildlife
This tract has been under the past management of timber companies with the number one
goal being timber production. There has been minimal, if any, management for wildlife.
There is good potential to increase wildlife populations and diversity. There are
populations of white-tailed deer, turkey, squirrels and evidence of black bear. Migratory
waterfowl and songbirds are also present during times of the year. Proper management
techniques could provide habitat for other types of wildlife as well. Implementing a
burning regime in the thinned stands would provide habitat for bobwhite quail.
Management techniques should be discussed for desired species.
5
-V1, N .
Visual Quality
Aesthetics are an integral part of an outdoor experience. The pristine shoreline of Spring,
Ives and Bryan Creeks totals 4.7 miles. This area is best observed from a boat. The
shoreline should be an area of concern when conducting timber harvests to maintain the
pleasing views. Prescribed burns would enhance the aesthetics of the interior of the tract
by keeping the dense under story vegetation to a minimum and allowing views into the
timber stands.
Diseases and Insects
Pathogens and insects can degrade a forests beauty, health and productivity.
Unfortunately, Pamlico County is prone to attacks from Southern Pine Beetle
(Dendroctonus frontalis), fusiform rust (Cronartium quercum), and heart rot.
Pine beetles are a significant threat to some of the younger tracts that have high stocking
densities and are in need of first thinning. No active evidence of pine beetle attacks has
been found. The denser the stands of tree the more susceptible they are to a future
outbreak. High densities mean high competition levels amongst trees for sunlight, water
and nutrients. This high competition can reduce the health and vigor of individual trees
and whole stands, reducing the chance for them to ward off beetle attacks naturally.
Fusiform rust is caused by a fungus that results in gall and cankers on tree trunks and
limbs. Generally trees are resistant by 15 years old. Planting fusiform resistant seedlings
is the best method of control. Fusiform rust doesn't exist in large enough rates to pose a
problem to any of these tracts.
Heart rot exists in Pamlico County, but there has been little evidence of this disease found
on the property. This disease is caused by a variety of species of fungi and is impossible
to identify without the reproducing bodies. This disease generally spreads through tree
wounds and can become detrimental to very valuable, mature trees. Trees that are over
VA
mature, unproductive, and unhealthy are at the highest risk of contracting heart rot. This
risk is reduced, by keeping stands healthy and productive.
Financial Assistance
Cost -Share Programs
There is financial assistance available at both the state and the federal levels. Many of
these programs offer cost-sharing payments that reimburse landowners for timber
management activities and investments. The North Carolina Division of Forest Resources
offers the North Carolina Forest Development Program (FDP), which is a reforestation
cost-sharing program. This program provides the landowner with partial reimbursement
for the costs of site preparation, seedling purchases, tree planting, release of desirable
seedlings from competing vegetation, or any other work needed to establish a new forest.
The FDP will reimburse up to 40 % of the actual cost per acre or 40% of the going rate
for management practices within that region.
Other Programs
There are a myriad of other programs offered through the Department of Environmental
and Natural Resources. Some of these include conservation and wildlife easements that
pay you to conserve the land, improve wildlife habitat and improve water quality. The
programs mostly limit development on the land while allowing you full use for other
means such as recreational activities and timber management. More information about
these programs can be obtained from the local North Carolina Forest Service or the Soil
and Natural Resources Conservation office.
Management Recommendations
The following page is an aerial photograph / map of the Spring Creek, LLC tract showing
the stand types and other geographic features. The remainder of this management plan
separates each stand into its own forest management unit (FMU). The purpose of this
section is to give the landowner a summary of feasible management regimes and the
associated silvicultural options.
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34 Acres
This stand is on an "island" surrounded by marsh. The N.C. Forest Service has been
contacted about harvesting this area and recommends that it be during very dry periods
and only with the use of bridges and mats to minimize damage to marsh. If the stand is
harvested it should be flat planted by hand with loblolly to insure a successful stand of
trees for the future.
Another possibility for this area is to put it into a conservation program. This will provide
income from the selling of the easement while keeping the area in a natural state. Most
conservation easements allow passive types of use such as hunting, hiking, etc.
FMU 4 - Island
—1I Spring Creek C , LLC Boundary 14
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