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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 L LL zCl) O N N II 06 U � C _M txC-� o U) _O N O V O I- t` O N F— (0(0(0040(0 NY N ._— 0.0`4 Mrn N OND N O NNN _O M Occ) VNF— oN.0i(fz7r Om ca a. 0 Q»ACL m _j<>> m � m Tz 0 U(pU o F- � `03:r_W 3�«'i m 0 3 c in a� �O _i• 7.�,,�'u dna` s —'A Sk" a a o J mE. .r Ep°v azi mmEa� V r ar o (0 r G �, 000 a0 J � -0. rl W Z K W r'• t MOJ� m M ONQ� WULO r<• a- CL zzN ON N 'd 2- i a� E F4 y 516 o zz C: `m 3z c � `03:r_W 3�«'i m 0 3 c in a� �O _i• 7.�,,�'u dna` s —'A Sk" a a o J mE. .r Ep°v azi mmEa� V r ar o (0 r G �, Pine Tree pf,4Mi. asi F�d� 'a � r�����t e+ t � � p► � .�w Jam. i :� FARAq, �� A. 4 F ; .... ' t sw INC Atlas & Gazetter, 2003, pages 67 & 79 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 RONNCR RAY a P •,��-" �` _ �1. t -a.-, .;1 -� ,mss ] • i ^•�.- �- l.� I 1 S� TG'�� ?� I" � 'r ��c iT o -�i•k � `�_,r<�� �� _fes' «� r -. 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All survey data provided by: Carolina Engineers PO Drawer 1578 New Bern, NC 28563 252.633.2424 ''Kt:--- -- ir�ti.. 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 Drawn By: ARF Figure: 3 ly.� t•t ` . � J^�...-- _ f ' -.r ..>% •� h �-) • Rr 4[ ` Y` .5� S � - /r '�� ' • j P„°'�'.s � s ➢. .L�. V. / i in r^ - \' J 3 Ir.' � � ( - 4 � � �`✓: �� ., t - '"-Gid\� -w "� �� � ��R.t,, � f "1 •.0" �. - .. � ��•y ��`v_ �� 1 .. 1 1 A r. 1998 NAPP aerial photography Images are approximate and not meant to be absolute. 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Q cn C m 4-0N U WW CD cm 0) cu "L 5� 'a C: cu 70 _m ^-0 W 4-4 ca cu CL O � U L E O 4— W c CU U .� m N N af O 0 < n< U a E � � � E a 3 � m m o v m 5 m LLI N E a n< N O N O a N N N (Mp U J J O Z U O a'- F-- o w QN m % 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 4r � �' x y4T� ice= g OR { �r s + 1 7 t p a a ti 9rl S i� N. `` 5B4'fl61 e»Ata .raTs Y Neuse River road Creed i e r I _ 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 | | \ | | | | � | | 8lueUno | —oil' roads.shp | Argent.ohp Hobuckeushp { Stockade -sm.shp Ampahoe.ohp ) i Stockade 'ek.ohp 0}�kYungeo.shp | Chadooton.ohp � Boundary�ohp �z�i 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. E I Uln '�� as k � �- '� r�,�'- � ;. y�Cm rp � y� x.�` j - -rf` t � r °d I w^' � � �� � �>v»� ws� n a a::_,: a (�' .,. tri � V �.:,;m �. `tip �`' Y`sC„a: ,� ;�� ��{ �. ,4 "�° �, �/Fr � � -i ' � x ..r �{ ,iy J � 1�� ! E "� +� Y 4 Sy � «y ��� y �` �� _ f � � 1 � F 6n n7 I woo. x �oe.'y .d j £y<{may;i oo 1,01 ,y s. UA e .�i k .; b Y � .. � �7..� d' .t p�y�h. C' V � y � +( *.� ��rl;i fir' � x { � k;- y � :ve °��... rel M .. � ,y..x � �„ ¢ d � I X d� �, sJ � r w+-�-. '' � �---�--�— di w �, ; r 1. ,v f ,: s 4 � - b '~ S + �4 44 � i `�• c d' y �`` Sr �k b fry 11,+ MU 4 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 ai �� r 1' w.- -rye„ � , � t � `� t 'ffl.�•R t K i,.:: y�� � �`, TM Of a