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HomeMy WebLinkAboutAgenda - 09-15-2009 - 6aORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: September 15, 2009 Action Agenda Item No. (p ' Q SUBJECT: Groundwater Observation Well Network DEPARTMENT: PUBLIC HEARING: (Y/N) No ATTACHMENT(S): 1. Draft Duke MOA 2. Draft UNC-CH MOA 3. Draft Eno River Association MOA 4. Proposed Timeline and Action Steps 5. 2009-10 Well Network Budget Estimate INFORMATION CONTACT: Tom Davis 960-3878 David Stancil 245-2590 PURPOSE: To receive an update regarding the establishment of the Groundwater Observation Well Network (Orange Well Net) authorize execution of Memoranda of Agreement with three entities, and receive feedback from the Board on the project. BACKGROUND: In May 2005, the adopted Water Resources Initiative proposed the creation of a groundwater observation well network to continue the work of the previous decade of groundwater research, and provide a network of future information on groundwater quality and quantity. This network will help inform the public and future decision-making on groundwater issues including the impact of natural phenomena (such as drought) on our groundwater resources. The Water Resources Program of 2007 also included this concept, and the Water Resources Coordinator (hired June 2008) was charged to develop a program plan. On January 27, the Board received an initial presentation on the proposed network. While funding for the start-up of the network was pared back during the CIP and budget deliberations of spring 2009, funding to begin the program on a small-scale was retained. As discussed in January, the bedrock well component of the network would be comprised of a combination of bedrock wells spread across the main types of bedrock geology present in Orange County. Regolith wells, completed in the unconsolidated material present above bedrock in the subsurface, will be utilized to monitor natural stresses on the quantity of groundwater available in storage which are caused by variations in climatic conditions, while bedrock wells will be used to monitor changes in groundwater levels in the bedrock across the County. In order to efficiently use the available resources for establishment of the network, initial efforts have been oriented towards using existing wells and working with institutions and agencies that share water resources interests. This included identifying, evaluating and securing permission to utilize existing bedrock wells which are present in the County, but are no longer in active use as 2 water supply wells, and which appear to be suitable to use for the purpose of gathering long- term groundwater level information. Several wells fitting this description have been identified to date. For the partner agency wells initial approval of draft Memoranda of Agreements (MOAs) for the use of three existing bedrock wells .have been reached with the well owners. The wells are owned by Duke University (Duke), the University of North Carolina at Chapel Hill (UNC-CH) and the Association for the Preservation of the Eno River (ERA). Once these MOAs are finalized, Orange County will be able to utilize these three bedrock wells as part of the network at a considerable cost-savings. Updated MOAs for each of these wells are included as Attachments 1 through 3, and are ready for Board authorization. Attachment 4 is a list of detailed steps that are necessary to complete for each of the existing wells being considered for inclusion in the bedrock portion of the network. In addition, Orange County owns three existing wells that have been identified and are proposed for use in the network. These wells are 1) a well on Rocky Ridge Road on land leased by the County, 2) a former supply well at the Blackwood Farm on Old 86 (which has Hillsborough public water service), and 3) a well on the former Paydarfar property, part of the future Millhouse Road Park site. There are also two wells present in the Duke Forest Hydrogeologic Station within Duke Forest which are owned and operated by the Division of Water Quality (DWQ) and appear to be available for incorporation into the network. One additional existing well is also potentially available for inclusion in the Orange Well Net. However, the site, the former 911 Center on New Hope Church Road, is slated for divestiture. Methods of securing long-term use of this well (which also has public water service from Hillsborough) may be worthwhile to explore as part of divestiture. In summary, nine existing potentially-suitable bedrock wells have been identified at different locations across the County. Utilization of these existing wells appears warranted not only because of the cost savings that will be realized, but also because these bedrock wells are suitable for the establishment of the bedrock component of the proposed observation well network. Approval of the draft MOAs, further analysis of the existing wells, and the purchase of required instrumentation are necessary to begin network operation and data collection. These steps are on-going using existing funds, as shown in Attachment 5, and are likely to continue to be implemented during FY2009-10. Gathering of groundwater level information from regolith wells would be delayed until additional funds are available for this project in subsequent fiscal years. Attachment 4 is a proposed timeline for the completion of steps necessary to allow the initiation of data gathering from the bedrock wells in the network. This timeline illustrates that the majority of the steps necessary to permit the use of the existing wells described above are anticipated to be completed by the end of October 2009, with initial data collection anticipated to begin in early spring 2010. FINANCIAL IMPACT: By partnering with other agencies and using existing wells, the current funding of $11,300 will enable the start-up of the network as described above. Funding for this project is present in the current capital budget, with additional funds proposed for future years in the upcoming 2010-2020 CIP. RECOMMENDATION(S): The Interim Manager recommends that the Board: 1) receive the update on the groundwater observation well network known as Orange Well Net and provide feedback and guidance to staff for further refinement of the project plan, and 2) approve and authorize the Chair to sign the attached memoranda of agreement with UNC-CH, Duke, and the Association for the Preservation of the Eno River. 4 STATE OF NORTH CAROLINA COUNTY OF ORANGE AGREEMENT DUKE UNIVERSITY and COUNTY OF ORANGE REGARDING UTILIZATION OF FORMER WATER SUPPLY WELL THIS AGREEMENT, made and entered into between Duke University, a North Carolina nonprofit corporation with an address of Campus Drive, Durham, North Carolina 27705 (hereinafter referred to as the "University"), and the County of Orange, a North Carolina municipal corporation, 200 South Cameron Street, Hillsborough, North Carolina 27278 (hereinafter referred to as the "County"), for the utilization of a former water supply well on University property for observation by County. WITNESSETH WHEREAS, the parties are vested with the power and authority to own and improve real estate for educational, research and other purposes; and WHEREAS, Duke University owns a teaching and research forest known as the Duke Forest, which is used for educational and research purposes, which consists of several divisions, including the Blackwood Division located in southern Orange County; and WHEREAS, Orange County is interested in monitoring groundwater conditions across the County, and as such, intends to develop the Orange County Groundwater Observation Well Network, an assemblage of observation wells located across the County; and WHEREAS, the County and the University recognize the mutual benefit and interest of the parties hereto, and to the public generally, in the operation of the proposed Groundwater Observation Well Network; and WHEREAS, the laws of the State of North Carolina provide that the parties hereto may contract and provide for the joint use of facilities for the stated purposes; and WHEREAS, an out-of-service water supply well identified on the map attached as Exhibit 1 hereto ("OOS Well") is located off Eubanks Road in the Blackwood Division of Duke Forest; and County of Orange and Duke University Agreement 5 September 15, 2009 WHEREAS, the parties hereto wish to agree to allow the use of said OOS Well, for -part of the proposed Orange County Groundwater Observation Well Network, an association of groundwater observation wells throughout Orange County intended to permit monitoring of groundwater conditions in the County; and NOW, THEREFORE, in consideration of the foregoing and of the mutual promises and obligations set forth herein, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. OPERATION AND MAINTENANCE OF SITE University hereby contracts with County to operate and maintain the OOS Well identified in Exhibit 1 in the Blackwood Division of Duke Forest for the primary purpose of the collection of groundwater level information. Additionally, the well may be used by County for the collection of water quality samples. The County will be solely responsible for maintenance of the OOS Well in the Blackwood Division of Duke Forest, near Eubanks Road, identified in Exhibit 1. This includes any repairs which may be necessary to the well or well house to permit ongoing operation of the well. Orange County will be responsible for the security of the well as well as the proper use of the well to achieve the stated goals of the Orange County Groundwater Observation Well Network. 2. ADDITIONAL DETAILS A. CASUALTY AND LIABILITY INSURANCE: It is understood and agreed by and between the parties hereto that each party shall carry such casualty and liability insurance, or programs of self-insurance, as will protect its interests in said facilities, and protect itself in the event of injury to persons or property involved in the use of said premises by said party. Duke University shall be named an additional insured on the liability insurance, but only with respect to acts or omissions of the Named Insured. Each parry shall furnish to the other party upon demand, satisfactory evidence of insurance. B. INDEMNITY: Each party hereto shall, to the extent allowed by law, indemnify and hold harmless and defend the other parties, their agents and employees from any claims, cost, expense, liability, action or judgement, including attorney's fees, arising out of or related to any personal injury, death or property damage with respect to its use of the premises, except to the extent the same are caused by the negligence or misconduct of another party or parties. C. USE BY OTHER PARTIES: Use of this former water supply well by other parties shall be limited to the possible collection of geological and geophysical information, as well as the collection of water samples for the determination of water quality information. County of Orange and Duke University Agreement 6 September 15, 2009 The County will be responsible for coordinating and supervising any such investigations. Further, the County will share any and all data collected with the University. D. AMENDMENTS: This agreement may be amended by mutual written agreement of the University and County. TERM: This Agreement shall exist and continue for a period of twenty (20) years, beginning October 1, 2009 and ending September 31, 2029, subject to the right of either party to terminate at any time upon six months' written notice to the other party. It is the intention of the parties, as long as this Agreement remains in effect, to review it every five (5) years (beginning in October 2014) to determine whether the agreement is serving its purpose to the satisfaction of both parties. E. GOVERNMENTAL APPROVALS: Nothing in this Agreement shall be construed as waiving, modifying or granting any local government permits or approvals which may be necessary for the development and/or construction of any facilities or improvements. The County is responsible for seeking and obtaining such local government approvals as may be necessary for the intended work. In the event the County's tax office imposes a real estate tax or other fee as a result of this Agreement, it shall be paid by the County. F. ENTIRE AGREEMENT: This Agreement constitutes the entire Agreement of the parties hereto. IN WITNESS WHEREOF, the parties to this Agreement have duly and validly approved it and caused it to be executed in their behalf by the undersigned agents. This, the 15th day of September, 2009. DUKE UNIVERSITY By: Title: COUNTY OF ORANGE Chair Orange County Commissioners Attest: Donna Baker, Clerk to the Board Approved as to Form and authorization: County of Orange and Duke University Agreement ~ September 15, 2009 County Attorney This Agreement has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Finance Director ~~ - J ;~,~`~- rl' ..,,~~ 1nrt~s~Gro~,~Y ~ Ele~en~ ' ~ ~ Duke ~ Unive~m, tercet 'teams arcet hou~ary Photo Exhibit 1. propose duke ~ ObSS -vation well B1ackH,ood Division of parcel LOCatioh '~Ubanks Road ke Foresf ~, chapel HiII, NC 1'~'ell lacation ~ 33~.s 6~s 1,35p F~ ,~ Ora~~'e C~u, ~~~ ~~~ O q 9e County ERCb ~ u9USt 17, Zp09 {~ `; 9 STATE OF NORTH CAROLINA COUNTY OF ORANGE MEMORANDUM OF AGREEMENT THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL and COUNTY OF ORANGE REGARDING UTILIZATION OF FORMER WATER SUPPLY WELL THIS AGREEMENT, made and entered into between The University of North Carolina at Chapel Hill, a North Carolina educational university, C/O University Property Office, 103 Airport Dr., Suite 128, Campus Box 1060, Chapel Hill, North Carolina 27599 (hereinafter referred to as the "University"), and the County of Orange, a Body Politic and Corporate of the State of North Carolina, 200 South Cameron Street, Hillsborough, North Carolina 27278 (hereinafter referred to as the "County"), for the utilization of a former water supply well. WITNESSETH WHEREAS, the parties to this agreement are public bodies under the laws of the State of North Carolina; and WHEREAS, The University of North Carolina at Chapel Hill has a former seismic research facility located off Ray Road, in southern Orange County; and WHEREAS, Orange County is interested in monitoring groundwater conditions across the County, and as such, intends to develop the Orange County Groundwater Observation Well Network, an assemblage of observation wells located across the County; and WHEREAS, the County and the University recognize the mutual benefit and interest of the parties hereto, and to the public generally, in the utilization of this well and the operation of the proposed Groundwater Observation Well Network; and WHEREAS, the laws of the State of North Carolina provide that the parties hereto may contract and agree, each with the other, for the joint use of facilities for the stated public purposes; and WHEREAS, the parties hereto agree to allow the use of the water supply well at the former Gerald R. MacCarthy Geophysics Laboratory identified on a map attached hereto as Attachment 1 for part of the proposed Orange County Groundwater Observation Well Network, an {00026835.DOC} County of Orange and University of North Carolina Agreement 1 0 September 15, 2009 association of groundwater observation wells throughout Orange County intended to permit monitoring of groundwater conditions in the County; and NOW, THEREFORE, in consideration of the foregoing and of the mutual promises and obligations set forth herein, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. OPERATION AND MAINTENANCE OF SITE The County will be solely responsible for maintenance of the well at the former Geophysics Laboratory. This includes any repairs which may be necessary to the well or well house to permit ongoing operation of the well. Orange County will be responsible for the security of the well as well as the proper use of the well to achieve the stated goals of the Orange County Groundwater Observation Well Network. The well at the former Geophysics Laboratory will be utilized by the County mainly for the collection of groundwater level information. Additionally, the well may be used for the collection of water quality samples by the County. 2. ADDITIONAL DETAILS A. CASUALTY AND LIABILITY INSURANCE: It is understood and agreed by and between the parties hereto that the County shall carry such casualty- and liability insurance as will protect its interests in said facilities, and protect itself in the event of injury to persons or property involved in the use of said premises by said party. The County shall furnish to the University upon demand, satisfactory evidence of insurance. 'The County acknowledges that University does not carry liability insurance and its liability for property damage or personal injury to third parties shall be governed by the North Carolina Tort Claims Act (NC General Statute 143-291 et. seq.) B. INDEMNITY: To the extent allowed by law, County shall indemnify and hold harmless and defend the University, its agents and employees from any claims, cost, expense, liability, action or judgement, including attorney's fees, arising out of or related to any personal injury, death or property damage arising out of its use of the premises, except to the extent the same are caused by the negligence or misconduct of the University, its agents and employees. C. USE BY OTHER PARTIES: Use of this former water supply well by other parties shall be limited to the possible collection of geological and geophysical information, as well as the collection of water samples for the determination of water quality information. The County will be responsible for coordinating and supervising any such investigations by other parties only after notice to the University and obtaining its approval of such other party investigation. D. AMENDMENTS: This agreement may be amended by mutual written agreement of the University and County. {00026835.DOC} County of Orange and University of North Carolina Agreement I ~ September 15, 2009 E. TERM: This agreement shall exist and continue for a period of twenty (20) years, beginning October 1, 2009 and ending September 31, 2029. Provided however, that the parties will review this Agreement on or about September 1, 2014 and every five (5) years thereafter, to determine whether the Agreement is operating in a manner that is satisfactory to the parties. In-depth review of the Agreement, re-negotiation of the provisions or termination of the Agreement by either party will be possible at these intervals. F. GOVERNMENTAL APPROVALS: Nothing in this Agreement shall be construed as waiving, modifying or grating any local government permits or approvals which may be necessary for the development and/or construction of any facilities or improvements. The County is responsible for seeking and obtaining such local government approvals as may be necessary for the intended work. Prior to seeking such local government approvals, County will provide the University a copy of any such applications for the University's review and approval. County shall allow sufficient time for University review and will incorporate any University comments or revisions into such applications. No new facilities shall be constructed on the University's property without the University`s written approval, which may or may not be granted at the University`s sole discretion. G. ENTIRE AGREEMENT: This Agreement constitutes the entire Agreement of the parties hereto. IN WITNESS WHEREOF, the parties to this Agreement have duly and validly approved it and caused it to be executed in their behalf by the undersigned agents. This, the 15th day of September 2009. THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL Attest: COUNTY OF ORANGE Chair Orange County Commissioners Attest: Donna Baker, Clerk to the Board {00026835.DOC} County of Orange and University of North Carolina Agreement 12 September 15, 2009 Approved as to Form and legal sufficiency: County Attorney This Agreement has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Finance Director {00026835.DOC} Figure i--nive city o fp~sed O bSet'~ai~ion Well Lora . 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S r .,.a+/ n.~_- County of Orange and Association for the Preservation of the Eno River Agreement 14 September 15, 2009 STATE OF NORTH CAROLINA COUNTY OF ORANGE MEMORANDUM OF AGREEMENT ASSOCIATION FOR THE PRESERVATION OF THE ENO RIVER and COUNTY OF ORANGE REGARDING UTILIZATION OF WATER SUPPLY WELL THIS AGREEMENT, made and entered into between the Association for the Preservation of the Eno River, Inc.,, a 501(c)(3) non-profit corporation organized and existing under the laws of the State of North Carolina, with an address of 4404 Guess Road, Durham, North Carolina 27712 (hereinafter referred to as the "Association"), and the County of Orange, an elected body of North Carolina, with an address of 200 South Cameron Street, Hillsborough, North Carolina 27278 (hereinafter referred to as the "County"), for the utilization of a former water supply well. WITNESSETH WHEREAS, the parties are vested with the power and authority to own and improve real estate for recreational and other public purposes; and WHEREAS, the Association owns a parcel of land in Orange County known as the Eno Confluence Property, identified by Orange County TMBL 3.4..3, and Orange County PIN 9856362947, with a street address of 4214 Highland Farm Road, which is currently used for open space conservation and watershed protection, and may be used for educational or other purposes in the future; and WHEREAS, Orange County is interested in monitoring groundwater conditions across the County, and as such, intends to develop the Orange County Groundwater Observation Well Network, an assemblage of observation wells located across the County; and WHEREAS, the County and the Association recognize the mutual benefit and interest of the parties hereto, and to the public generally, in the operation of the proposed Groundwater Observation Well Network; and WHEREAS, the laws of the State of North Carolina provide that the parties hereto may contract and agree, each with the other, for the joint use of facilities for the stated public purposes; and WHEREAS, anout-of--use water supply well is located on the Eno Confluence Property near Highland Farm Road; and County of Orange and Association for the Preservation of the Eno River Agreement 15 September 15, 2009 WHEREAS, the Association has agreed to allow the use of said out-of--use water supply well located on the Eno Confluence Property and identified on the map in Attachment 1, as part of the proposed Orange County Groundwater Observation Well Network, a system of groundwater observation wells throughout Orange County intended to permit monitoring of groundwater conditions in the County; NOW, THEREFORE, in consideration of the foregoing and of the mutual promises and obligations set forth herein, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. OPERATION AND MAINTENANCE OF SITE The County, its employee's, agents, and third party contractors shall have the right to use the well located on the property at 4214 Highland Farm Road for the collection of groundwater level information, the collection of water quality samples, and the collection of geological and geophysical information. The County will be responsible for coordinating and supervising all such investigations. The County will be solely responsible for the maintenance of the well on the Eno Confluence Property during the term of this agreement, including any repairs which may be necessary to the well or well house to permit ongoing operation of the well, and shall repair any damage to the well or other property of the Association arising out of the use of the premises by the County, its employees, agents or third party contractors. Orange County will be responsible for the security of the well as well as the proper use of the well to achieve the stated goals of the Orange County Groundwater Observation Well Network. Use of the well shall include the right of ingress and egress between the well and Highland Farm Road across the said property of the Association. During the term of this agreement the Association shall refrain from using the well for water supply or other purposes. 2. ADDITIONAL DETAILS A. CASUALTY AND LIABILITY INSURANCE: It is understood and agreed by and between the parties hereto that each party shall carry such casualty and liability insurance as will protect its interests in said facilities, and protect itself in the event of injury to persons or property involved in the use of said premises by said party. Each party shall furnish to the other party upon demand, satisfactory evidence of insurance. B. INDEMNITY: The County shall, to the extent allowed by law, indemnify and hold harmless and defend the Association, its agents and employees from any claims, cost, expense, liability, action or judgment, including attorney's fees, arising out of or related to any personal injury, death or property damage with respect to the use of the premises by the County, its employees, agents or third party contractors, except to the extent the same aze caused by the negligence or misconduct of the Association. County of Orange and Association for the Preservation of the Eno River Agreement 1 6 September 15, 2009 C. CONSERVATION EASEMENTS: The parties acknowledge that the Association's said property is encumbered by two conservation easements, one held by the State of North Carolina, and the other held by Orange County, copies of which are attached hereto as Exhibits A and B, respectively. The County agrees that it shall not violate the terms of either conservation easement, and that if such a violation shall occur as the result of the use of the property hereunder by the County, it's employees, agents, or third parry contractors, the County will restore the property to its condition prior to the occurrence of the violation, and will hold the Association harmless from any loss, claims, cost, expense, liability, action or judgment, including attorney's fees, arising out of or related to such violation. D. AMENDMENTS: This agreement may be amended by mutual written agreement of the Association and the County. E. TERM: This agreement shall exist and continue for a period of five (5) years, beginning October 1, 2009 and ending September 31, 2014, and may be extended thereafter for successive five year periods upon the mutual agreement of the parties. F. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement of the parties hereto. IN WITNESS WHEREOF, the parties to this Agreement have duly and validly approved it and caused it to be executed in their behalf by the undersigned agents. This, the _ day of , 2009. THE ASSOCIATION FOR THE PRESERVATION OF THE ENO RIVE INC Holly F. Reid, President Attest: Bercedis Peterson, Secretary COUNTY OF ORANGE Chair Orange County Commissioners Attest: Donna Baker, Clerk to the Board Approved as to Form and authorization: County of Orange and Association for the Preservation of the Eno River Agreement ~ ~ September 15, 2009 County Attorney This Agreement has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Finance Director A~achme Asso . nt 1. Propose ~-ation for fhe d Use _~ ~__ 4zq Prese-vafion o~at~on well Lo C~a ~ghlaad Fad Ro dno River parcelt~on ~h4'~f Groye To~,nship well loca lion O Aug s~7, 20090 ! +'•~ 1'1 19 FILED Jo CQ H, Pearson Registergof Dae~d~S5s, Orange Co, NC NC RsalnEState TX3~S 00 ~~ 3 20080820000206790 EASE Bk:R64591 Pg:525 08/20/2008 08:55:39 pM tt14 CONSERVATION EASEMENT Confluence Property Prepared by Elizabeth Lackey Jacobs After Recording Return to Grantor NORTH CAROLINA ORANGE COUNTY Parcel No. 9856-36-2947 ~ CWMTF No. 2007-010 THI$ DEED OF CONSERVATION EASEMENT ("Conservation Easement") is made on this ~ day of August, 2008 by and between ASSOCIATION FOR THE PRESERVATION OF THE ENO RIVER VALLEY, INC., a North Carolina nonprofit corporation, having an address of 4404 Guess Road, Durham, NC 27712 (herein "Grantor") and the STATE OF NORTH CAROLINA, whose mailing address is State of North Carolina, Department of Administration, State Property Office, 1321 Mail Service Center, Raleigh, NC 27699-1321 (herein "State"). RECITALS & CONSERVATION PURPOSES A. Grantor is the sole owner in fee simple of that certain real property containing 110.42 acres more or less, located in Cheeks Township, Orange County, North Carolina, and more particularly described by deed recorded in Deed Book 4426, Page 510 in the Orange County Register (hereinafter the "Properly'. B. Grantor is anon-profit organization established for the purpose of promoting the preservation of ecologically valuable lands, natural and wildlife habitat, and lands with significant natural and open space values in the State of North Carolina for charitable, scientific, educational and aesthetic purposes. C. The State has enacted the Uniform North Carolina Conservation and Historic Preservation Agreements Act (the "Act"), Chapter 121, Article 4 of the North Carolina General Statutes ("NCGS"), which provides for the enforceability of restrictions, easements, covenants or conditions "appropriate for retaining in land or water areas predominantly in their natural, scenic, or open condition ...." ~II~I~V~i~p~iiun ~,~ ip~iiANi~iiu z° D. The Clean Water Management Trust Fund, ("Fund") with an address at 1651 Mail Service Center, Raleigh, North Carolina 27699-1651 is an independent agency of the State and is authorized by NCGS Chapter 113A, Article 18, to finance projects and to acquire land and interests in land, including conservation easements for riparian buffers for the purposes of providing environmental protection for surface waters and urban drinking water supplies. E. Grantor and State have agreed to set aside 67.87 acres of the Property (as described herein below and hereinafter referred to as the "Easement Area', for the purpose of creating a Conservation Easement to preserve, enhance, restore, and maintain the natural features and resources of the Easement Area, to provide habitat for native plants and animals, to improve and maintain water quality, and to control runoff of sediment (hereinafter the "Conservation Values"). F. The Easement Area is shown on a survey entitled "Conservation Easement Property Survey for the State of North Carolina, Clean Water Management Trust Fund and Eno River Association, Grant #2007-010" by Alois Callemyn, PLS dated January 4, 2008 and recorded in Plat Book ~ Page ~~ of the Orange, County Registry. ~'c~1 G. Grantor and State recognize that the Easement Area is located adjacent to the West Fork and East Forks of the Eno River and the Easement Area has been deemed by the State to qualify as a riparian buffer, addressing the cleanup and prevention of pollution of the State's surface waters, and the establishment of a network of riparian buffers. Moreover, Grantor and State recognize that the Easement Area has other Conservation Values including fish and wildlife conservation, open space, and scenic values. A. Grantor has received or will receive a grant from the Fund, identified as Grant Agreement No. 2007-010 (the "Grant Agreement"), entered into between the Grantor and the Fund and effective as of June 11, 2008, in consideration of which the Grantor has agreed to obtain this Conservation Easement. The terms and conditions of said Grant Agreement are hereby incorporated by reference. It is on file and available for public inspection in the offices of the Grantor, the Fund, and the North Carolina Department of Environment and Natural Resources ("NC DENR"). I. The Grantor, State and Fund (collectively referred to herein as the "Parties") hereto intend that the Conservation Values of the Easement Area will be preserved and managed in a manner that will protect the quality of waters of the East and West Forks of the Eno River, and otherwise promote the public purposes authorized by NCGS Chapter 113A, Article 18, and as set forth in the Grant Agreement. The Parties further acknowledge and agree that State will accept this Conservation Easement, that the State will be the ultimate Grantee and holder of this Conservation Easement, and that Grantor has received consideration for granting this Conservation Easement to the State and thus restricting the uses of the Easement Area. J. Grantor and State acknowledge that the Easement Area is currently, unimproved except for one abandoned, freestanding barn. The characteristics of the Easement Area, its current use and state of improvement are described in a Baseline Documentation Report (the . 11N8WI1 ~, "Report's that is on file in the offices of the Grantor and the Fund, and available for public inspection. The Parties acknowledge that the Report is the appropriate basis for monitoring compliance with the objectives of preserving the conservation and water quality values; and that it is not intended to preclude the use of other evidence {e.g. surveys, appraisals) to establish the present condition of the Easement Area if there is a controversy over such present condition. NOW, THEREFORE, in consideration of the premises and the mutual benefits recited herein, together with other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties hereto, the Grantor hereby unconditionally and irrevocably gives, grants and conveys forever and in perpetuity to the State, its successors and assigns, and the State hereby accepts, this Conservation Easement of the nature and character and to the extent hereinafter set forth in, over, through and across the Easement Area, together with the right and easement to preserve and protect the Conservation Values. The purposes of this Conservation Easement are to provide environmental protection for surface waters and to protect the wildlife and natural heritage values and it shall be so held, maintained, and used therefore. It is the fin-ther purpose of this Conservation Easement to prevent any use of the Easement Area that will significantly impair or interfere with the preservation of said Conservation Values. Grantor intends that this Conservation Easement will restrict the use of the Easement Area to such activities as are consistent with the Conservation Values described in the Recitals herein. ARTICLE I. DURATION OF EASEMENT This Conservation Easement shall be perpetual. It is an easement in gross, runs with the land, and is enforceable by State against Grantor, its representatives, successors, assigns, lessees, agents and licensees. ARTICLE II. RIGHTS RESERVED TO GRANTOR Grantor reserves certain rights accruing from the fee simple ownership of the Easement Area, including the right to engage in or permit others to engage in the uses of the Easement Area that are not inconsistent with the purpose(s) of this Conservation Easement. All rights reserved by the Grantor, are reserved for Grantors, their representatives, successors, and assigns, and are considered to be consistent with the conservation purposes of this Conservation Easement. The provisions, conditions, and restrictions of this Conservation Easement apply to the Easement Area. Except for the specific restrictions and prohibitions made applicable herein to the Easement Area, Grantor shall continue to own and may use the Easement Area in any lawfiil manner. Grantor expressly reserves the following rights: A. Passive Recreational Use. Grantor reserves the right to engage and to permit others to engage in passive recreational uses of the Easement Area as provided herein, and by Fund approved amendments thereto, requiring minunal surface alteration of the land, so long as related alterations, construction, improvements, maintenance, activities and uses pose no threat to the conservation values of the Easement Area. 22 ~ .,.. iiuaisuimii B. Public Use and Access. Grantor reserves the right to allow public access and use of the Easement Area for the purpose of creating open space with associated recreational activities, including, without limitation, conducting educational tours, scientific study, animaUplant observation, walking, biking, fishing, and any other purposes consistent with these accepted uses and maintaining conservation values. To accomplish the above uses, the Grantor may construct and maintain paved or unpaved greenway trails, two (2} observation/viewing platforms, two (2) Pedestrian Foot bridges, landscaping screening, and a gated entrance, which are provided by this Conservation Easement. All improvements shall be subject to the terms and conditions set forth herein and by the aforementioned Grant Agreement and Fund approved amendments. C. Hildng or Greenway Trails. Grantor reserves the right to construct and maintain paved or unpaved greenway trails on the Easement Area. All trails must be located at a minimum distance of fifteen (15) feet from the top of the bank and tributaries of the West and East Forks of the Eno River, unless such locations are physically impracticable. In the construction of such trails and when required by the terrain, boardwalks, ramps and handrails are permitted herein. If required, all trails and associated improvements may comply with the rules and regulations of the Americans with Disabilities Act of 1990, Title III regulations, ADA Standards for Accessible Design, 28 CFR Part 36, revised July 1994 and amendments thereto ("ADA") and with the American Association of State Highway and Transportation Officials ("AASHTO"). The Grantor may also construct and maintain park benches, litter receptacles, and traiUfeature signs along the greenway trails. All necessary care shall be taken to complete the construction of such features in a manner so as not to cause or allow sedimentation of the East and West Forks of the Eno River either during or after construction. D. Observation/Viewing Platform. Grantor reserves the right to construct, maintain, and repair two (2) observation/viewing platforms constructed of composite building materials on the Easement Area with optional bench seating, handrails, connecting steps and ramp as required by the terrain to be located on the bank of the East and West Forks of the Eno River as allowed and approved by the North Carolina Division of Water Quality, provided such platforms are connected to the greenway trails constructed on the Easement Area. Construction of such platforms must comply with ADA. All necessary care shall be taken to complete the construction of such features in a manner so as not to cause or allow sedimentation of the West and East Forks of the Eno River either during or after construction. . E. Early Successional Habitat Areas. The Parties agree and acknowledge that the Grantor reserves the right to establish and maintain existing areas located along the East and West Forks of the Eno River in early successional habitat for the purpose of providing habitat diversity for wildlife species and may include the planting of various grasses, forbs, and herbaceous vegetation. F. Natural Community Restoration. The Parties hereto agree and acknowledge that the Grantor reserves the right to perform all activities necessary to restore the natural plant and animal communities on the Easement Area. All necessary care shall be taken to complete the construction of such features in a manner so as not to cause or allow sedimentation either during or after construction. „IIIBI1N~111 23 G. Pedestrian Foot Bridges. Grantor reserves the right to construct, maintain, and gain access to two (2) pedestrian footbridges to be constructed five (5) to ten (10) feet wide in compliance with the AASHTO and with the ADA. Such bridges may be located across the East and West Forks of the Eno River and tributaries thereto, provided such bridges are connected to the greenway trails permitted herein. Notwithstanding the foregoing, all amenities and improvements to be located on the Easement Area must comply with the terms set forth herein and in the aforementioned Grant Agreement. The Grantor shall maintain the Easement Area in a clean, natural and undisturbed state, and shall comply with all applicable land use regulations, and other applicable laws and ordinances, subject to this Conservation Easement. The total cleared, and not re-vegetated, pervious and impervious surface areas associated with all aforesaid improvements, including, but not limited to, the greenway trails, boardwalks, ramps, steps, observation/viewing platforms, pedestrian bridges, shall not ezceed ten percent (10%) of the total area of the Easement Area. Furthermore, the Parties have no right to agree to any activity that would result in the termination of this Conservation Easement. ARTICLE IIL PROHIBITED AND RESTRICTED ACTIVITIES Any activity on, or use of, the Easement Area inconsistent with the purposes of this Conservation Easement is prohibited. The Easement Area shall be maintained in its natural, scenic, wooded and open condition and restricted from any development or use that would impair or interfere with the conservation purposes of this Conservation Easement. Ezcept for those rights specifically reserved to Grantor in Article II and without limiting the generality of the foregoing, the following activities and uses are expressly prohibited or restricted. A. Industrial and Commercial Use. Industrial and commercial activities and any right of passage for such purposes are prohibited on the Easement Area. B. Agricultural, Grazing and Horticultural Use. Agriculture, grazing, horticultural and animal husbandry operations are prohibited on the Easement Area. C. Disturbance of Natural Features, Plants and Animals. There shall be no cutting or removal of trees, or the disturbance of other natural features within the Easement Area except as noted in Article II above and for the following: (1) as incidental to boundary marking, fencing, signage, (2) selective cutting and prescribed burning or clearing of vegetation and the application of mutually approved herbicides and pesticides for fire containment, protection and damage, insect and disease control, storm-related damage, human safety, restoration of hydrology, enhancement of preferred native overstory composition, wetlands enhancement and/or control of non-native plants; subject however to a written plan for same prepared by a registered forester, (3} hunting and fishing pursuant to applicable local, state and federal rules and regulations; and (4) removal of damaged I Il~lplllll~lll '° trees and debris caused by storm and fire and posing a threat to life or property. D. Construction of Buildings and Recreational Use. With the exception of the structures and facilities expressly permitted under Article II of this Conservation Easement, there shall be no constructing or placing of any building, mobile home, asphalt or concrete pavement, billboard or other advertising display, antenna, utility pole, tower, conduit, line, pier landing, dock or any other temporary or permanent structure or facility on or above the Easement Area except for the following: placement and display of no trespassing signs, local, state or federal traffic or similar informational signs, for sale or lease signs, boundary fencing, entry signs, signs identifying the Conservation Values and purposes of the Easement Area, and/or signs identifying the Grantor as owner of the Property, the State as holder of this Conservation Easement, and the Fund as the source of funding for the acquisition of the Conservation Easement; signs proclaiming that the Easement Area will remain in its protected state, educational and interpretative signs, identification labels ar any other similar temporary or permanent signs, reasonably satisfactory to the Fund. E. Mineral Use, Excavation, Dredging. There shall be no filling, excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other materials, and no change in the topography of the land in any manner except as necessary for the purpose of combating erosion or incidental to any conservation management activities otherwise permitted in the Easement Area. F. Wetlands and Water Quality. Except as set forth in Article II above, there shall be no pollution or alteration of water bodies and no construction or other activities that would be detrimental to water purity or that would alter natural water levels, drainage, sedimentation and/or flow in or over the Easement Area or into any surface waters, or cause soil degradation or erosion, nor any diking, dredging, alteration, draining,- filling or removal of wetlands, except activities to restore natural hydrology, wetlands enhancement, or to enhance or improve water quality as permitted by state and any other appropriate authorities. H. Dumping. Dumping of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances, or machinery, or other materials on the Easement Area is prohibited. I. Conveyance and Subdivision. The Easement Area may not be subdivided, partitioned nor conveyed, except in its current configuration as an entity or block of property. J. Mitigation. There shall be no use of the Easement Area or any portion thereof to satisfy compensatory mitigation requirements under 33 U.S.C. Section 1344 or N.C.G.S. 143- 214.11 or any successor or replacement provision of the foregoing. ARTICLE 1V. ENFORCEMENT AND REMEDIES A. Enforcement. To accomplish the purposes of this Conservation Easement, the State is allowed to prevent any activity on or use of the Easement Area that is inconsistent with the purposes of this Conservation Easement, and to require the restoration of such areas or features of the Easement Area that may have been damaged by such activity or use. Upon any breach of the terms of this Conservation Easement by Grantor that comes to the attention of the State, the State shall, except as provided below, notify the Grantor in writing of such breach. The Grantor shall have ninety (90) days after receipt of such notice to correct the conditions constituting such breach. If the breach remains uncured after ninety (90} days, the State may enforce this Conservation Easement by appropriate legal proceedings including damages, injunctive and other relief. The State shall also have the power and authority, consistent with its statutory authority: (a} to prevent any impairment of the Easement Area by acts which may be unlawful or in violation of this Conservation Easement; (b) to otherwise preserve or protect its interest in the Easement Area; or (c) to seek damages from any appropriate person or entity. Notwithstanding the foregoing, the State reserves the immediate right, without notice, to obtain a temporary restraining order, injunctive or other appropriate relief if the breach of the term of this Conservation Easement is or would irreversibly or otherwise materially impair the benefits to be derived from this Conservation Easement. -The Grantor and State acknowledge that under such circumstances damage to the State would be .irreparable and remedies at law will be inadequate. The rights and remedies of the State provided hereunder shall be in addition to, and not in lieu of, all other rights and remedies available to the State in connection with this Conservation Easement, including, without limitation, those set forth in the Grant Agreement under which this Conservation Easement was obtained. B. Right of Entry and Inspection. State, its employees and agents and its successors and assigns, and the Fund, have the right, with reasonable notice, to enter the Property and Easement Area at reasonable times for the purpose of inspecting the Easement Area to determine whether the Grantor, Grantor's representatives, successors or assigns are complying with the terms, conditions and restrictions of this Conservation Easement. C. Condemnation. Whenever all or part of the Easement Area is taken by exercise of eminent domain by public, corporate or other authority, or by negotiated sale in lieu of condemnation, so as to abrogate the restrictions imposed by this Conservation Easement, the Grantor shall immediately give notice to the State and the Fund, and shall take all appropriate actions at the time of such taking or sale to recover the full value of the taking and all incidental or direct damages resulting from the taking. The State, its successors and assigns, shall be entitled to a portion of the proceeds of such sale, exchange, .involuntary conversion of the Easement Area, or any damage award with respect to any judicial proceeding. Such portion shall be equal to the fair market value of the State's, its successors' and assigns', interest in the Easement Area on the date of the recording of this Conservation Easement. "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 Easement Area, or any damages otherwise awarded as a result of judicial proceeding, minus the Grantor's expenses from such transaction or proceeding. The State shall use its share of the Proceeds of Sale in a manner consistent with the conservation purposes set forth herein. D. Changed Conditions. When a change in conditions gives rise to the extinguishment of this Conservation Easement or a material term or provision hereof by judicial proceeding, the State, its successor and assigns, shall be entitled to a portion of the proceeds of such sale, exchange, involuntary conversion of the Easement Area, or any damage award with 25 ...l~ouuuu~n~ 'fi respect to any judicial proceeding. Such portion shall be equal to the fair market value of the State's, its successors' and assigns', interest in the Easement Area on the date of the recording of this Conservation Easement. The State shall use its share of the Proceeds of Sale in a manner consistent with the conservation purposes set forth herein. E. Acts Beyond Grantor's Control. Nothing contained in this Conservation Easement shall be construed to entitle the State to bring any action against Grantor for any injury or change in the Easement Area caused by third parties, resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken in good faith by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to life, damage to Easement Area or harm to the Easement Area resulting from such causes. F. Costs of Enforcement. Any costs incurred by the State in enforcing the terms of this Conservation Easement against Grantor, including, without limitation, any costs of restoration necessitated by Grantor's acts or omissions in violation of the terms of this Conservation Easement, shall be home by Grantor. G. Na Waiver. Enforcement of this Conservation Easement shall be at the discretion of the State and any forbearance by the State to exercise its rights hereunder in the event of any breach of any term set forth herein shall not be deemed or construed to be a waiver by the State of such term or of any subsequent breach of the same or of any other term of this Conservation Easement or of the State's rights. No delay or omission by the State in exercise of any right or remedy shall impair such right or remedy or be construed as a waiver. ARTICLE V. TITLE The Grantor covenants and represents and warrants (i) that the Grantor is the sole owner and is seized of the Property and the Easement Area in fee simple and has good right to grant and convey the aforesaid Conservation Easement; (ii) that there is legal access to the Property and the Easement Area, that the Easement Area is free and clear of any and all encumbrances, except those permitted exceptions shown on the attached Exhibit A, none of which would nullify, impair or limit in any way the terms or effect of this Conservation Easement; and (iii) Grantor shall defend its title against the claims of all persons whomsoever, and Grantor covenants that the State, its successors and assigns, shall have the right to monitor and defend the terms of the aforesaid Conservation Easement. ARTICLE VI. MISCELLANEOUS A. Stewardship of the Conservation Easement. Pursuant to the terms of the Grant Agreement, the Grantor hereby covenants and agrees that it will monitor and observe the Easement Area in perpetuity to assure compliance with the purposes and provisions of this Conservation Easement and the provisions of the Grant Agreement, and that it will report on the condition of the Easement Area, or provide for such reporting, to the State and the Fund no less frequently than once a year; and further will report immediately to the State and the Fund any observed and/or known violations of this Conservation Easement or the Grant Agreement. 27 .. .,. iwAi~u~n B. Subsequent Transfers of the Fee. Grantor agrees for itself, its successors and assigns, that in the event it transfers the Property, or any portion thereof including the Easement Area described herein, to notify the State in writing of the names and addresses of any party to whom the Property is to be transferred at or prior to the time said transfer is consummated. Grantor, for itself, its successors and assigns, further agrees to make specific reference to this Conservation Easement in a separate paragraph of any subsequent lease, deed, or other legal instrument by which any interest in the Property or Easement Area is conveyed. The Property owner shall not convey the Property or any interest therein, and shall not incur, assume, or suffer to exist any lien upon or with respect to the Property without disclosing to the prospective buyer the Conservation Easement and the obligations of the Property owner and limitations on use of the Property. C. Subsequent Transfers of the Conservation Easement. The Parties hereto recognize and agree that the benefits of this Conservation Easement are in gross and assignable with any such assignee having all the rights and remedies of the State hereunder. The Parties hereby covenant and agree, that in the event this Conservation Easement is transferred or assigned, the transferee or assignee of the Conservation Easement will be a qualified organization as that term is defined in Section 170(h)(3) of the Internal Revenue Code of 1986, as amended, or any successor section, and the regulations promulgated there under (the "Code") which is organized or operated primarily for one of the conservation purposes specified in Section 170(h}(4)(A) of the Code, and a qualified holder as that term is defined in NCGS 8121- 35 (2) or any successor statute. The Parties further covenant and agree that the terms of the transfer or the assignment will be such that the transferee or assignee will be required to continue to carry out in perpetuity the conservation purposes that the contribution was originally, intended to advance as set forth in the Recitals herein. The State, its successors or assigns, hereby covenants and agrees that subsequent to any transfer as provided for herein, it will continue to monitor and observe the Easement Area in perpetuity for such purposes set forth by this Conservation Easement and Grant Agreement, and to report to the Fund any observed violations on the Easement Area. D. Existing Responsibilities of Grantor and State Not Affected. Other than as specified herein, this Conservation Easement is not intended to impose any legal or other responsibility on the State, or in any way to affect any existing obligation to the Grantor as owner of the Property, which includes the Easement Area. Among other things, this shall apply to: Taxes. The Grantor shall continue to be solely responsible for payment of all taxes and assessments levied against the Property. ]f the State is ever required to pay any taxes or assessments on its interest in the Easement Area, the Grantor will reimburse the State for the same. 2. Upkeep and Maintenance. The Grantor shall continue to be solely responsible for the upkeep and maintenance of the Easement Area, to the extent it may be required by law. The State shall have no obligation for the upkeep or maintenance of the Easement Area. 3. Liability and Indemnification. If the State is ever required by a court to pay damages resulting from personal injury or property damage that occurs on the Easement Area, the Grantor shall indemnify and reimburse the State for these payments, as well as reasonable attorneys' fees and other expenses of defending itself, unless the State has committed a deliberate act that is determined to be the sole cause of the injury or damage. E. Conservation Purpose. 1. Grantor and State, for themselves, their successors and assigns, agree that this Conservation Easement shall be held exclusively for conservation purposes set forth by the Grant Agreement, this Conservation Easement and as specified in Section 170(h)(4)(A). 2. Unless otherwise specifically set forth in this Conservation Easement, nothing herein shall convey to or establish for the public a right of access over the Property and Easement Area. 3. This Conservation Easement shall be construed to promote the purposes of the North Carolina enabling statute set forth in N.C.G.S. 121-34 et sea. which authorizes the creation of conservation agreements for purposes including those set forth in the Recitals herein, and the conservation purposes of this Conservation Easement, including such purposes as are defined in Section 170(h)(4)(A) of the Internal Revenue Code. F. Recording. Grantor shall record this instrument and any amendment hereto in timely fashion in the official records of Orange County, North Carolina, and may re-record it at any time as maybe required to preserve State's rights. G. Notices. All notices, requests or other communications permitted or required by this Agreement shall be sent by registered or certified mail, return receipt requested, addressed to the parties as set forth above, or to such other addresses such party may establish in writing to the other. All such items shall be deemed given or made three (3) days after being placed in the United States mail as herein provided. In any case where the terms of this Conservation Easement require the consent of any party, such consent shall be requested by written notice. Such consent shall be deemed denied unless, within ninety (90) days after receipt of notice, a written notice of approval and the reason therefore has been mailed to the party requesting consent. H. Amendments. Grantor and State, or their successors in interest in the Easement Area, are free to jointly amend this Conservation Easement to meet changing conditions, provided that no amendment will be allowed that is inconsistent with the purposes of this Conservation Easement or affects the perpetual duration of this Conservation Easement. Such amendment(s) require the written consent of both Grantor and State and shall be effective upon 28 rui~uu~s ,s recording in the public records of Qrange County, North Carolina. I. Environmental Condition of the Easement Area. The Grantor warrants, represents and covenants to the State that to the best of its knowledge after appropriate inquiry and investigation that: (a) the Easement Area described herein is and at all times hereafter will continue to be in full compliance with all federal, state and local environmental laws and regulations; (b) as of the date hereof there are no hazardous materials, substances, wastes, or environmentally regulated substances (including, without limitation, any materials containing asbestos) located on, in or under the Easement Area or used in connection therewith; (c) that there is no environmental condition existing on the Easement Area that may prohibit or impede use of the Easement Area for the purposes set forth herein; and (4) the Grantor will not allow such uses or conditions. J. Indemnity. The Grantor agrees to the fullest extent permitted by law, to defend, protect, indemnify and hold harmless the State from and against all claims, actions, liabilities, damages, fines, penalties, costs and expenses suffered as a direct or indirect result of any violation of any federal, state, or local environmental or land use law or regulation or of the use or presence of hazardous substance, waste or other regulated material in, on or under the property. K. Entire Agreement. This instrument sets forth the entire agreement of the Parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations, understandings or agreements relating to the Conservation Easement. If any provision is found to be invalid, the remainder of the provisions of this Conservation Easement, and the application of such provision to persons or circumstances other than those as to which it is found to be invalid, shall not be affected thereby. The Parties hereto intend this document to be an instrument executed under seal. If any party is an individual, partnership or limited liability company, such party hereby adopts the word "SEAL" following his/her signature and the name of the partnership or limited liability company ashis/her/its legal seal. The Recitals set forth above and the exhibits, if any, attached hereto are incorporated herein by reference. L. Interpretation. This Conservation Easement shall be construed and interpreted under the laws of the State of North Carolina, and any ambiguities herein shall be resolved so as to give maximum effect to the conservation purposes sought to be protected herein. Further, this Conservation Easement shall be construed to promote the purposes of the Act, which authorizes the creation of conservation agreements for purposes including those set forth herein, and such conservation purposes as are defined in Section 170(h) (4) (A) of the Code. M. Parties. Every provision of this Conservation Easement that applies to the Grantors or to the State shall likewise apply to their respective heirs, executors, administrators, successors and assigns. N. Merger. The Parties agree that the terms of this Conservation Easement shall survive any merger of the fee and easement interest in the Easement Area. O. Subsequent Liens. No provisions of this Conservation Easement shall be 1~1191111~IIII1 '~ construed as impairing the ability of Grantors to use this Easement Area for collateral for borrowing purposes, provided that any mortgage or lien arising there from shall be subordinated to this Conservation Easement. The Properly owner shall not convey the Property or any interest therein, and shall not incur, assume, or suffer to exist any lien upon or with respect to the Property without disclosing to the prospective buyer the Conservation Easement and the obligations of the Property owner and limitations on use of the Property. P. Gender. The designations Grantor, State and Fund, as used herein shall include the Parties, their heirs, administrators, successors and assigns, and shall include the singular, plural, masculine, feminine or neuter as the context may require. TO HAVE AND TO HOLD unto the STATE OF NORTH CAROLINA, its successors and assigns, forever. The covenants agreed to and the terms, conditions, restrictions and purposes imposed as aforesaid shall be binding upon Grantor, Grantor's representatives, successors and assigns, and shall continue as a servitude running in perpetuity with the Easement Area. IN WITNESS WHEREOF, Grantor and State, by authority duly given, have hereunto caused these presents to be executed in such form as to be binding, the day and year first above written. GRANTOR: SOCIATION THE PRESERVATION OF THE ENO RIVER VALL ~ ~ ^ F. ATTEST: ~. Emily E. erbert, Secretary . , "`. ~, ,, ~~, ~~~•~~::liti. C:. _- cc ~~ r( :;. ~.• ; ;~~. ;-•.. i. V .~ ~ ~~`, Tf ~~~ ~= < . °v o~F t9~y y~ , ` ~, ,i,`` I~~r-fllf1f1~4,,` .,.. iuHii~un STATE OF NORTH CAROLINA COUNTY OF _Ij ~ ~-., ~,,,,~ I, M • _K.I~a~ So•~,c~,.-. a Notary Public of the County and State aforesaid, certify that Holly F. eid, President, and Emily E. Herbert, Secretary, of the Board of Directors for the Association for the Preservation of the Eno River Valley, Inc., personally came before me this day, each aclrnowledging to me that she signed the foregoing document. Witness my hand and notarial seal this the ~ day of August, 2008. My commission expires: ~~uGH ~ ' /` ~. ~OTq~4 ,~ otary Pu lic Z o U print (Notary Seal) G~yy~~ 6 `` ~~2 cov 31 32 nl~io~u EXHIBIT A "EXCEPTIONS TO TITLE" 1. Subject to matters shown on subdivision map recorded in Plat Book 103, Pages 16 and 17 and Plat Book ~ Page tr~range County Registry. 2. Right of way for Highland Farm Road (SR 1332). 3. Right of Way Agreement with the State Highway Commission recorded in Book 209, Page 474, Orange County Registry. 4. Easement to Duke Power Company recorded in Book 105, Page 165, Orange County Registry. 5. Right of the owner to the underlying fee simple policy to use the property in any way not inconsistent with the ten!ns of the Conservation Easement. 33 ~a~ ~IINI~I~IVW~oNI~INI FILED Joyce H. Pearson 200801020000080 ERSE Register of Deeds, Orange Co, NC Bk:RB4644 Pg:151 Recording Fee: 77.00 NC Real Estate X: 5.00 01/02/2008 10:26:55 AM 7122 This instrument prepared by and return to: Geoffrey E. Gledhill, Coleman, Gledhill, Hargrave & Peek, P.C., P.O. Drawer 1529, Hillsborough, NC 27278 NORTH CAROLINA COUNTY OF ORANGE WARRANTY DEED OF CONSERVATION EASEMENT This Deed of Conservation Easement (hereinafter "Conservation Easement") is made on this 1st day of October , 2008 by THE ASSOCIATION FOR THE PRESERVATION OF THE ENO RIVER VALLEY, INC., a North Carolina nonprofit corporation, having an address of 4404 Guess Road, Durham, NC 27712 (hereinafter "Grantor") and ORANGE COUNTY, NORTH CAROLINA, having an address of Post Office Box 8181, Hillsborough, NC 27278 (hereinafter "Grantee" or "the Grantee"). The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors and assigns, and shall include singular, plural, masculine, feminine or neuter pronouns as required by context. RECITALS A. Grantor is the sole owner in fee simple, of certain real property (the "Easement Area"), which consists of approximately 110.42 acres of land, located in Cheeks Township and Cedar Grove Township, Orange County, North Carolina, and identified as Tract 1 on the plat of property titled "Property Surveyed for Eno River Association" prepared by Alois Callemyn,~/ which plat is recorded at Plat Book 103, Pages 16-17, Orange County Registry (PIN 9856-36- 2947). The Easement Area includes but is not limited to improvements, which are shown on Exhibit B, attached hereto and incorporated herein. B. The Grantee is a body politic and corporate, a political subdivision of the State of North Carolina, with powers prescribed in Chapter I53A of the North Carolina General Statutes. C. To the extent practicable, Grantor and Grantee wish to maintain the Easement Area as a combination of woodland and open space suitable as habitat for the native flora and fauna of the North Carolina Piedmont, and to protect the quality of water running off from this Page 1 of 20 34 iiiupiiiinmi land and into the Eno River, which river has both conservation value and is a public water supply for residents of Orange County. The grant of this Conservation Easement will further said wish, and will serve the following "Conservation Purposes," as such term-is defined in Section 170 (h)(4)(A) of the Code: The Easement Area contains a natura-1 area that has not been subject to significant development, which provides a "...relatively natural habitat of fish, wildlife, or plants, or similar ecosystem," as that phrase is used in P.L. 96-541, 26 UCS 170(h)(A)(ii), as amended, and in regulations promulgated thereunder. Specifically, the Easement Area is habitat for a variety of native plants and animals known to inhabit the Upper Eno River Macrosite as described on Pages 78-82 of the Inventory of the Natural Areas and Wildlife Habitats of Orange County, North Carolina (2004), by the North Carolina Natural Heritage Program. The Easement Area also includes land within a zone designated by Orange County as a "critical area" of a protected water supply watershed for the Corporation bake Reservoir and Lake Ben Johnson Reservoir. Another primary purpose of this Easement is to protect the largely undeveloped nature of the Grantor's Property and, in doing so, helping to protect the high quality of that drinking water supply serving the people of Orange County. The Easement Area also contributes to the open space and rural character of Cedar Grove Township and northern Cheeks Township and the Upper Eno Protected Watershed, so classified in the Orange County Zoning Ordinance. It is a further purpose of this Easement to help to protect the rural character and open space of Cedar Grove Township and northern Cheeks Township. The natural and wildlife habitat resources of the Property, and its contribution to the protection of the area water supply and rural character, and the other conservation interests described herein are collectively referred to as the "Conservation Values" of the Easement Area. Grantor and Grantee agree that the current uses of and improvements to the Easement Area are consistent with the conservation purposes of this Conservation Easement. The conservation purposes of this easement, notwithstanding anything to the contrary contained herein, are also recognized by, and this Conservation Easement will also serve, the following clearly delineated governmental conservation policies: (1) the Orange County Board of Commissioners' goal (adopted June 21, 1999) to identify and coordinate the preservation of the County's most significant natural areas; and (2) the Land Use Element of the Orange County Comprehensive Plan (adopted September 2, 1981 as amended) with its goal of conserving and protecting Orange County's significant "Resource Protection Areas" from adverse development impacts, including county natural areas, wildlife corridors and lands placed by individual property owners into conservation easements; and Page 2 of 20 35 i~~uuuiAiuiiin (3) the Orange County Lands Legacy Action Plan, which was adopted by the Orange County Board of Commissioners on September 12, 2006, and which recognizes the need to protect riparian buffers in the critical area of the Upper Eno protected watershed; and (4) the protection of similaz Orange County properties designed to protect conservation and open space values through conservation easements granted to the Grantee and others in the immediate vicinity of the Easement Area; and (5) NCGS § 139-2 et seq., which provides that "it is hereby declared ...that the farm, forest and grazing lands of the State of North Carolina aze among the basic assets of the State and the preservation of these lands is necessary to protect and promote the health, safety and general welfare of its people... it is hereby declared to be the policy of the legislature to provide far the conservation of the soil and resources of this State"; and (6) Article 17 of the North Carolina General Statutes NCGS 113A-240-241, entitled Conservation, Farmland and Open Space Protection and Coordination, otherwise known as the "Million Acre Initiative," which states that the State of North Carolina shall encourage, facilitate, plan, coordinate, and support appropriate federal, State, local, and private land protection efforts so that an additional one million acres of farmland, open space and conservation lands in the State are permanently protected by December 31, 2009; and (7) the Clean Water Management Trust Fund, authorized by NCGS § 113A-251 et seq., which finances projects to acquire land and interests in land, including conservation easements for the purposes of providing environmental protection for surface waters and urban drinlting water supplies; and (8) the Soil and Water Conservation Districts Act, authorized by NCGS § 139-1, et seq., which provides for the preservation of farm, forest and grazing lands; and (9) the zoning of the property by Orange County as Agricultural Residential. D. The characteristics and Conservation Values of the Easement Area, its current use and state of improvement, are described in a report entitled "Baseline Documentation Report for the Confluence Property," dated August 2008 (hereafter "the Baseline Report"), of which a summary is attached as Exhibit A to this Conservation Easement. Grantor worked with Grantee to ensure that the report is a complete and accurate description of the Easement Area as of the date of this Conservation Easement. It will be used by the Grantor and Grantee to assure that any future changes in the use of the Easement Area will be consistent with the terms of this Conservation Easement. however, the Baseline Report is not intended to preclude the use of other evidence to establish the present condition of the Easement Area if there is a question about its use. E. Grantor and Grantee have the common purpose of conserving the above-described Conservation Values of the Easement Area in perpetuity, and the State of North Carolina has Page 3 of 20 36 .p ii~un~uu authorized the creation of Conservation Easements pursuant to the terms of the Uniform North Carolina Conservation and Historic Preservation Agreements Act, NCGS § 121-34 et seq., which provides that conservation easements aze "interests in land," which maybe effective "perpetually;" which provides for the enforceability of restrictions, easements, covenants or conditions "...appropriate to retaining land or water areas predominantly in their natural, scenic or open condition or in agricultural, horticultural, farming, or forest uses...;" and the Grantor and Grantee wish to avail themselves of the provisions of those laws. NOW, THEREFORE, Grantor, for ten dollars ($10.00), and in consideration of the facts recited above and of the mutual covenants, terms, conditions and restrictions contained herein, hereby gives, grants and conveys unto the Grantee, its successors and assigns, forever and in perpetuity for the benefit of the people of North Carolina, a Conservation Easement over the Easement Area described above of the nature and character as follows: With the exception of those rights retained herein, Grantor conveys to Grantee all development rights that are now or hereafter allocated to, implied, reserved or inherent in the Easement Area, and the parties agree that such rights are terminated and extinguished, and may not be used on or transmitted to any portion of the Easement Area, as it now or hereafter maybe bounded or described, or to any other property. 1. PURPOSE. As outlined in the Recitals above, the purposes of this Conservation Easement are to ensure that the Easement Area will be retained forever, predominantly in its natural, forested, and open space condition; to protect native plants and animals, or plant communities on the Easement Area, while allowing certain limited uses on the Easement Area that are compatible with and not destructive of the Conservation Values of the Easement Area; and to prevent any use of the Easement Area that will significantly impair or interfere with Conservation Values or interests of the Easement Area. Grantor will not perform, nor knowingly allow others to perform, any act on or affecting the Easement Area that is inconsistent with the purposes of this Conservation Easement. However, unless otherwise specified below, nothing in this Conservation Easement shall require the Grantor to take any action to restore the condition of the Easement Area after any act of nature or other event over which Grantor had no control. Grantor understands that nothing in this Conservation Easement relieves them of any obligation or restriction on the use of the Easement Area imposed by law. 2. PROPERTY USES. Any activity on, or use of, the Easement Area inconsistent with the purposes of this Conservation Easement is prohibited. The Easement Area shall be maintained in its natural and open condition and restricted from any development that would impair or interfere with the Conservation Values of the Easement Area. Without limiting the generality of the foregoing, the following is a listing of activities and uses which are expressly prohibited or which are expressly allowed. Grantor and Grantee have determined that the allowed activities do not impair the Conservation Values of the Easement Area. Additional retained rights of Grantor are set forth in Pazagraph 3 below. Page 4 of 20 i ii~uiuuNn 2.1 Subdivision and Conveyance. The Easement Area consists of one single tract of land. The Easement Area may not be further divided, subdivided or partitioned to establish additional parcels. Any future conveyance of the fee simple interest in the Easement Area shall be subject to this Conservation Easement. Grantor agrees for itself, its successors and assigns, that in the event it transfers the Easement Area, such transfer is subject to Grantee's right of ingress, egress, and regress over and across the Easement Area for the purposes set forth herein. 2.2 Construction. The Grantor's rights to construct or reconstruct buildings and other improvements are described in subparagraphs (a) through (d) below. Any construction or reconstruction not permitted below is prohibited. Before undertaking any construction or reconstruction that requires advance permission, Grantor shall notify Grantee and obtain written permission. All construction or reconstruction is subject to Orange County zoning regulations and must be consistent with permits required by and issued by Orange County under its laws and ordinances for such construction activities. (a) Fences -Existing fences may be repaired and replaced, and new fences maybe built on the Property to identify property boundaries and for agricultural, grazing, and horticultural uses as authorized in Section 2.4 of this Conservation Easement without any further permission of Grantee. (b) Existing Structures & Improvements -The remains of former residential structures and agricultural outbuildings exist in the location identified as "Building Envelope" in Exhibit B. Existing structures and improvements may be repaired, enlarged and replaced at their current locations each within the "Building Envelope" without further permission from the Grantee. (c) New Structures & Improvements -- New structures and improvements may be built without any further permission of Grantee provided they are located in the location marked as "Building Envelope" on Exhibit B. Any new buildings, structures or improvements proposed for locations outside of the "Building Envelope" shall be for educational or recreational purposes only and maybe built only with the advance written permission of the Grantee. Grantee shall give such permission within a reasonable time if it determines that the proposed building, structure or improvement would not diminish or impair the Conservation Values of the Easement Area or otherwise be inconsistent with this Conservation Easement. (d) Utility Services and Septic Systems -Installation, maintenance, repair, replacement, removal and relocation of electric, gas, and water facilities, sewer lines and/or other public or private utilities, including telephone or other communication services over or under the Easement Area for the purpose of providing electrical, gas, water, sewer, or other utilities to serve 37 Page 5 of 20 38 u~-unmi~uuin~ improvements on the Easement Area permitted herein, and the right to grant easements over and under the Easement Area for such purposes, is permitted. Grantors shall not permit or grant easements for utility transmission or distribution facilities or systems without the written consent of the Grantee. Maintenance, repair or improvement of a septic system(s) or other underground sanitary system that exists on the Easement Area at the time of this Conservation Easement, or the construction of a septic or other underground sanitary system, for the benefit of any of the improvements permitted herein, is permitted. All other utilities are prohibited on the Easement Area. Cellular communication towers or structures are also prohibited on the Property. (e) Pedestrian Trails -Pedestrian trails may be constructed to support the recreational and educational uses of the Easement Area permitted by this Conservation Easement. Such trails must be constructed of a pervious surface and in accordance with best management practices to minimize soil erosion and water quality impacts, and may not be more than six feet (6') wide. Grantor reserves the right to construct no more than two (2) pedestrian bridges to cross over rivers and streams and no more than 200 feet of boardwalk as part of a future trail system, subject to Grantee approval as to location. 2.3 Recreational Use. Consistent with the purpose of and the limitations contained in this Conservation Easement, Grantor shall have the right to engage in and permit others, whether or not for consideration, to engage in recreational uses of the Easement Area, including, but not limited to, hiking, picnicking, hunting and fishing, and other recreational uses that require no buildings, facilities, surface alteration or other development of the land. Grantor reserves the right to promulgate and enforce reasonable rules and regulations for all activities incident to recreational use of the Easement Area, including but not limited to the right to prohibit any recreational use that would permit destruction of the Conservation Values of the Easement Area. 2.4 Educational Use. Grantor reserves the right to engage in and permit others to engage in educational uses in the Easement Area not inconsistent with this Conservation Easement, and the right of access to the Easement Area for such purposes including organized educational activities such as site visits and observations. 2.5 Agricultural Grazing and Horticultural Use. Agricultural, grazing, and horticultural uses of the Easement Area are allowed within the locations identified as "Agricultural Use Envelopes" identified in Exhibit B to this Conservation Easement. Agricultural, grazing, and horticultural uses of any other portion of the Easement Area are prohibited. 2.6 Forest Veggtation Management. Commercial timbering of trees within the Easement Area is prohibited. Grantor shall have the right to a) cut and remove diseased trees, shrubs, or other plants; b) cut and remove invasive (usually non-native) trees, shrubs and other Page 6 of 20 39 plants; c) cut and remove undesirable early succession trees and replant with more desirable hardwood species; and d) to cut firebreaks. Trees may also be removed to prevent personal injury and property damage, or to salvage fallen timber. There shall be no additional removal, harvesting, destruction or cutting of native trees, shrubs or other plants. Furthermore, except to accommodate the activities expressly permitted in this easement, there shall be no use of fertilizers, plowing, introduction of non-native animals, or disturbance or change in the natural habitat in any manner. All forest management activities must be pursuant to a Forest Management Plan prepared by a North Carolina Registered Forester, the selection of whom is mutually agreed upon by Grantor and Grantee and which management activities must be agreed to in advance by Grantee and Grantor. 2.7 Excavation. There shall be no filling, excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other materials; and no change in the topography of the land in any manner except as necessary to allow a) the construction of the improvements permitted herein, b) the maintenance of hiking trails permitted herein, c) the combating of erosion or flooding, and d) to enhance the plant and animal ecosystems native to the locality. 2.8 Water Quality and Draina~,e Patterns. There shall be no pollution of surface water, natural water courses, lakes, ponds, marshes, subsurface water or any other water bodies, nor shall activities be conducted on the Easement Area that would be detrimental to water purity or, except as specified herein, that could alter the natural water level or flow in or over the Easement Area. Diking, draining, filling or removal of wetlands is prohibited. 2.9 Natural Resource Restoration and Enhancement Activities. Grantor may engage or contract others to engage in any activity designed to repair, restore, or otherwise enhance the natural resources found or once present on the Easement Area, such as the restoration of the riparian forest corridors, so long as such activities are consistent with the Conservation Values of this Conservation Easement and consistent with a management plan prepared for this property and approved in advance by the Grantee. 2.10 Si~na~e. No signs or billboards or other advertising displays are allowed on the Easement Area except as otherwise permitted herein and as follows: signs authorized by Orange County zoning regulations whose placement, number and design do not diminish the scenic character of the Easement Area may be displayed to identify the Conservation Values of the Easement Area, to identify the Conservation Easement, to give directions, to advertise or regulate permitted uses on the Easement Area and prescribe rules and regulations for educational use of the Easement Area, to advertise the Easement Area for sale or rent, to post the Easement Area against trespassers, and to identify Grantor as fee simple owner of the Easement Area, and to identify Grantee as holder of the Conservation Easement. 2.11 No Biocides. There shall be no use of pesticides or biocides, including but not limited to insecticides, fungicides, rodenticides, and herbicides, except as approved by Grantee to control invasive species detrimental to the Conservation Values of the Easement Area, and except as needed in the existing agricultural field. Page 7 of 20 40 i~iiiaiiiioi~ii 2.12 No Dumping. There shall be no storage or dumping of trash, garbage, abandoned vehicles, appliances, or machinery, or other unsightly or offensive material, hazardous substance, or toxic waste on the Easement Area. There shall be no changing of the topography through the placing of soil or other substance or material such as land fill or dredging spoils, nor shall activities be conducted on the Easement Area that could cause erosion or siltation on the Easement Area. 2.13 Predator Control. Grantor shall have the right to control, destroy, or trap predatory and problem animals that pose a material threat to livestock and/or humans by means and methods with prior written approval of Grantee. The method employed shall be selective and specific to individuals, rather than broadcast, nonselective techniques. 2.14 Commercial Development. Any commercial or industrial use of or activity within the Easement Area is prohibited. This restriction on use shall not be construed to prohibit use of the Easement Area for recreational, educational and scientific purposes, as long as such activities are undertaken on a noncommercial basis. 2.15 Development Rights. Grantor conveys to Grantee all development rights that are now or hereafter allocated to, implied, reserved or inherent in the Easement Area, and the parties agree that such rights are terminated and extinguished, and may not be used on or transmitted to any portion of the Easement Area, as it now or hereafter may be bounded or described, or to any other property. 3. ADDITIONAL RIGHTS RETAINED BY GRANTOR Grantor retains the following additional rights: (a) Existing, Uses. The right to undertake or continue any activity or use of the Easement Area not prohibited by this Conservation Easement. Prior to making any change in use of the Easement Area, Grantor shall notify Grantee in writing to allow Grantee a reasonable opportunity to determine whether such change would violate the terms of this Conservation Easement. This determination by Grantee shall be made in writing. (b) Transfer. The right to sell, give, mortgage, lease, or otherwise convey the Easement Area subject to the terms of this Conservation Easement. 4. GRANTEE'S RIGHTS AND RESPONSIBII.TTIES. To accomplish the purposes of this Conservation Easement, the following rights are granted to Grantee and the following responsibilities are reserved to Grantee by this Conservation Easement: (a) Right to Protect. The right to preserve and protect the Conservation Values of the Easement Area and enforce the terms of this Conservation Easement. (b) Right of Entry. Grantee, its employees, representatives, and agents and its successors and assigns, have the right, after reasonable advance notice to Grantor Page 8 of 20 or with Grantor's prior verbal consent, to enter the Easement Area for the purposes of: (a) inspecting the Easement Area to determine whether the Grantor, its representatives, assigns, heirs and successors are complying with the covenants and purposes of this Conservation Easement; and (b) monitoring and research as described below. (c) Monitoring and Research. The right, but not the obligation, to monitor the native plant and wildlife populations, plant communities and natural habitats on the Easement Area. Grantee agrees that all monitoring activity, inventory and assessment work or other natural resource research conducted by Grantee or at Grantee's direction or with Grantee's permission shall be reported to Grantor. Grantor agrees that all monitoring activity, inventory and assessment work or other natural resource research conducted by Grantor or at Grantor's direction or with Grantor's permission shall be reported to Grantee. (d) Management of Exotics and Invasive Species. The right, but not the obligation, to control, manage or destroy exotic non-native species or invasive species of plants and animals that threaten the Conservation Values of the Easement Area. Grantee will consult with Grantor prior to implementing any such control activities. 5. RESPONSIBILITIES OF GRANTOR AND GRANTEE NOT AFFECTED. Other than as specified herein, this Conservation Easement is not intended to impose any legal or other responsibility on the Grantor, or in any way to affect any existing obligation of the Grantor as owner of the Easement Area. Among other things, this means: (a) Taxes -The Grantor shall continue to be solely responsible for payment of all taxes and assessments levied against the Easement Area. If Grantee is ever required to pay any taxes or assessments on its interest in the Easement Area, the Grantor will reimburse Grantee for the same. (b) Upkeep and Maintenance =The Grantor retain all responsibilities and shall bear ali costs and liability of any kind related to the ownership, operation, and upkeep and maintenance of the Easement Area, including the maintenance of adequate comprehensive general liability insurance coverage. Grantee shall have no obligation for the upkeep or maintenance of the Easement Area. Grantor will remain responsible for upkeep, maintenance, and repairs to any impoundments located on the Easement ,Area. (c) Liability and Indemnification -Grantor agrees to indemnify and hold Grantee harmless from any and all costs, claims or liability, including but not limited to reasonable attorneys' fees arising from any personal injury, accidents, negligence or damage relating to the Easement Area, or any claim thereof, unless due to the negligence of Grantee or agents of Grantee, in which case liability shall be as provided by law. In addition, Grantor agrees to maintain liability insurance covering the Easement Area with the limits as follows: (i) $300,000 per person for personal injury or death, up to $300,000 per occurrence; and (ii) $300,000 per occurrence for property damage; and warrant that Grantee is and will remain a named insured on 41 Page 9 of 20 42 ~diiiumiirii~ Easement Area insurance policies covering the Easement Area. Grantor shall provide Grantee with a certificate of insurance coverage on the effective date of this Conservation Easement and within 10 days of each insurance renewal date. 6. ACCESS. No right of access by the general public to any portion of the Easement Area is conveyed by this Conservation Easement. However, the public has the right to view the Easement Area from adjacent publicly accessible areas such as public roads and waterways. 7. ENFORCEMENT. Grantee shalt have the right to prevent and correct violations of the terms of this Conservation Easement. (a) With reasonable advance notice provided to the Grantor or with the Grantor's prior verbal consent, Grantee shall have the right to enter the Easement Area for the purpose of inspecting for compliance with the terms of this Conservation Easement. Grantee shall have the right to prevent violations and remedy violations of the terms of this Conservation Easement through judicial action, which shall include, without limitation, the right to bring proceedings in law or in equity against any party or parties attempting to violate the terms of this Conservation Easement. Except when an ongoing or imminent violation could irreversibly diminish or impair the Conservation Values of the Easement Area, Grantee shall give the Grantor written notice of the violation and thirty (30) days to cure the violation, before commencing any legal proceedings. The Grantee may obtain an injunction to stop a violation or a threatened violation, temporarily or permanently. The parties agree that a court may issue an injunction or order requiring the Grantor to restore the Easement Area to its condition prior to the violation, as restoration of the property maybe. the only appropriate remedy. In any case where a court finds that a violation has occurred, the Grantor shall reimburse the Grantee for ali its expenses incurred in stopping and correcting the violation, including but not limited to reasonable attorneys' fees. In any case where a court finds no such violation has occurred, each party shall bear its own costs. In any case where the court finds that there was a complete absence of a justiciable issue of either law or fact raised by the losing party, the court may award a reasonable attorney's fee to the prevailing party as provided by law. The failure of the Grantee to discover a violation or to take immediate legal action shall not bar it from doing so at a later time for that violation or any subsequent violations. (b) Grantee shall not bring any action against Grantor for any injury or change to the Easement Area caused by third parties, or resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm and naturally caused earth movement, or from any prudent action taken in good faith by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to life, damage to the Easement Area or harm to the Easement Area resulting from such action. Page 10 of 20 43 m~i~uiuisuuun 8. TRANSFER OF EASEMENT. Grantee shall have the right to transfer, assign, convey, or otherwise to co-hold the Conservation Easement created by this Deed to any public agency or private nonprofit organization that, at the time of transfer, is a qualified organization under Section 170(h) of the U.S. Internal Revenue Code, as amended and under NCGS 121-34 et seq., provided the agency or organization expressly agrees to assume the responsibility imposed on Grantee by this Deed. If the Grantee ever ceases to exist or no longer qualifies under Section 170(h) of the U.S. Internal Revenue Code, or applicable state law, a court with jurisdiction shall transfer this Conservation Easement to another qualified organization having similar purposes that agrees to assume the responsibility imposed by this Conservation Easement. 9. TRANSFER OF EASEMENT AREA. Grantor agrees to incorporate by reference the terms of this Conservation Easement in any deed or other legal instrument by which it transfers or divests itself of any interest, including leasehold interest, in all or a portion of the Easement Area. The Grantor shall notify the Grantee in writing at least thirty (30) days before conveying the Easement Area, or any part thereof or interest therein. Failure of Grantor to do so shall not impair the validity of this Conservation Easement or limit its enforceability in any way. 10. AMENDMENT OF EASEMENT. This Conservation Easement may be amended only with the written consent of Grantor and Grantee. Any such amendment shall be consistent with the purposes of this Conservation Easement and shall comply with Sec. 170(h) of the Internal Revenue Code, or any regulations promulgated in accordance with that section. Any such amendment shall also be consistent with the Uniform Conservation and Historic Preservation Agreements Act, N.C. Gen. Stat. § 121-34 et seq., or any regulations promulgated pursuant to that law. The Grantor and Grantee have no right or power to agree to any amendment that would affect the enforceability of this Conservation Easement. 11. PROCEDURE IN THE EVENT OF TERNIIhTATION OF CONSERVATION EASEMENT. If it determines that conditions on or surrounding the Easement Area change so much that it becomes impossible to fulfill the conservation purposes of this Conservation Easement, a court with jurisdiction may, at the joint request of both the Grantor and the Grantee, terminate or modify the Conservation Easement created by this Deed in accordance with applicable State law. If the Conservation Easement is terminated and the Easement Area is sold, then as required by Section 1.1 70A-14(g)(6) of the IRS regulations, the Grantee shall be entitled to a percentage of gross sale proceeds (minus any amount attributed to new improvements made after the date of the conveyance, which amount shall be reserved to Grantor) equal to the ratio of the appraised value of this Conservation Easement to the unrestricted fair market value of the Easement Area, as these values aze determined on the date of this Conservation Easement, subject to any applicable law which expressly provides for a different disposition of the proceeds. All termination related expenses, including reasonable attorney fees, incurred by the Grantor and the Grantee shall be paid out of any recovered proceeds prior to distribution of the net proceeds as described herein. Page 11 of 20 u~~m~iunNdi 12. PROCEDURE IN THE EVENT OF CONDEMNATION OR EMINENT DOMAIN. Grantor and Grantee recognize that the partial sale of this Conservation Easement gives rise to a property right, immediately vested in the Grantee, with a fair market value equal to the proportionate value that the Conservation Easement bears to the value of the Easement Area prior to the restrictions imposed by the Conservation Easement. Accordingly, if any condemnation or eminent domain action shall be taken, on ali or part of the Easement Area, by any authorized authority, said authority shall be liable to the Grantee for the value of the property right vested in the Grantee at the time of the signing of this Conservation Easement. If condemnation or a taking by eminent domain of a part of the Easement Area or the entire Easement Area by a public authority renders it impossible to fulfill any of the conservation purposes of this Conservation Easement an all or part of the Easement Area, this Conservation Easement may be terminated or modified accordingly through condemnation proceedings. Grantor and Grantee agree that this Conservation Easement is a currently vested real property right with a value equal to the proportionate value of the Conservation Easement to the unencumbered value of the fee, as of the date of this Conservation Easement. If the Conservation Easement is terminated or modified and any or all of the Easement Area is sold or taken for public use, then, as required by Section 1.170A-14(8)(6) of the IRS regulations, the Grantee shall be entitled to a percentage of gross sale proceeds or condemnation award (minus any amount attributed to new improvements made after the date of the conveyance, which amount shall be reserved to Grantor) equal to the ratio of the appraised value of this Conservation Easement to the unrestricted fair market value of the Easement Area, as these values are determined on the date of this Conservation Easement, subject to any applicable law which expressly provides~for a different disposition of the proceeds. If, however, after the condemnation or eminent domain proceedings, a court of jurisdiction does not include in the just compensation awarded as a result of the taking, the amount of the Conservation Easement value, then the Grantor shall not be responsible to share any proceeds awarded. All condemnation related expenses, including reasonable attorney fees, incurred by the Grantor and the Grantee shall be paid out of any recovered proceeds prior to distribution of the net proceeds as described herein. 13. INTERPRETATION. This Conservation Easement shall be interpreted under the laws of North Carolina, resolving any ambiguities and questions of the validity of specific provisions as to give maximum effect to its conservation purposes. 14. TITLE. The Grantor covenants and represents that it is the sole owner and seized of Easement Area in fee simple and has goad right to grant and convey this Conservation Easement; that the Easement Area is free and clear of any mortgages not subordinated to this Conservation Easement, and that the Grantee shall have the use of and enjoy all the benefits derived from and arising out of this Conservation Easement, subject to the Exceptions to Title identified on Exhibit C hereto, 44 Page 12 of 20 15. NOTICES. Any notices required by this Conservation Easement shall be in writing and shall be personally delivered or sent by first class mail, to Grantor and Grantee, respectively, at the following addresses, unless a party has been notified by the other of a change of address. To the Grantor: Eno River Association 4404 Guess Road Durham, NC 27712 To the Grantee: Orange County Environment and Resource Conservation Department Orange County, North Carolina P.O. Box & 181 Hillsborough, NC 27278 16. ENVIRONMENTAL CONDITION. The Grantor warrants that it has no actual knowledge of a release or threatened release of hazardous substances or wastes on the Easement Area. 17. SEVERABILITY. If any provision of this Conservation Easement is found to be invalid, the remaining provisions shall not be altered thereby. 18. PARTIES. Every provision of this Conservation Easement that applies to the Grantor or Grantee shall also apply to their respective heirs, executors, administrators, assigns, and all other successors as their interest may appear. This Conservation Easement shall not be construed to benefit or to create any rights in any third parties, including but not limited to the general public. 19. RE-RECORDING. In order to ensure the perpetual enforceability of the Conservation Easement, the Grantee is authorized to re-record this instrument or any other appropriate notice or instrument. 20. MERGER. The parties agree that the terms of this Conservation Easement shall survive any merger of the fee and easement interest in the Easement Area. 21. SUBSEQUENT LIENS ON PROPERTY. No provisions of this Conservation Easement should be construed as impairing the ability of Grantor to use the Easement Area as collateral for subsequent borrowing, provided that any mortgage or lien arising from such a borrowing is made subordinate to this Conservation Easement. 22. EXHIBITS AND DOCUMENTATION. (a) Documentation Report. The parties acknowledge that the Baseline Report, a copy of which is on file at the offices of Grantee, accurately establishes the uses, structures, Conservation Values and condition of the protected Easement Area as of the date hereof. A summary is attached as Exhibit A. 45 Page 13 of 20 46 °"~do (b) Future Construction. Exhibit B is a GIS map and sketch showing the co~guration of the property owned by Grantor. (c} Exceptions to Title. Exhibit C is a list of encumbrances deemed by Grantee as acceptable exceptions to title. 23. ENTIItE AGREEMENT. This instrument sets forth the entire agreement of the parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations, understandings or agreements relating to the Conservation Easement. If any provision is found to be invalid, the remainder of the provisions of this Conservation Easement, and the application of such provision to persons or circumstances other than those as to which it is found to be invalid, shall not be affected thereby. 24. ACCEPTANCE AND EFFECTIVE DATE. As attested by the Clerk of the Grantee and the signature of its authorized representative affixed hereto, Grantee hereby accepts without reservation the rights and responsibilities conveyed by this Conservation Easement. This Conservation Easement is to be effective the date recorded in the Orange County Registry of Deeds. TO HAVE AND TO HOLD, this Grant of Conservation Easement unto the said Grantee its successors and assigns, forever. [The remainder of this page is intentionally left blank. Signature page follows.] Page 14 of 20 i ,, iAiunwio IN WITNESS WHEREOF, the Grantor and Grantee, intending to legally bind themselves, have set their hands on the date first written above. GRANTOR: ASSOCIATI FOR THE P RVATION OF THE ENO RIVER VALLEY, INC. By: / ~ r Holly F. R ,Pre ' ent ATTEST: Emily E. H Bert, Secretary Accepted: GRANTEE: ORAN~E.~UNTY, NOR CAROL A By: Barry Jacobs ~ it Orange Co Bo f C 'ssioners ATTEST: c~ ~"®a D a S. Baker, Clerk to e~' "jam Board of Commission `'~~"'" u ~;'~ . ' ~. '~ ~o~f~' ~aro~~*~ 47 Page 15 of 20 I 191~1111~11111 IN WITNESS WHEREOF, the Grantor and Grantee, intending to legally bind themselves, have set their hands on the date first written above. GRANTOR: ASSOCIATIO FOR THE P RVATION OF THE ENO RIVER VALLEY, INC. By; '~ ~ Holly F. R ,Pre ' ent ATTEST: ~• Emily E. H bert, Secretary Accepted: GRANTEE: ORANGE COUNTY, NORTH CAROLINA By: ATTEST: Barry Jacobs, Chair Orange County Board of Commissioners Donna S. Baker, Clerk to the Board of Commissioners 48 Page 1 Hof 20 ~:.. n~~i Acknowledgments NORTH CAROLINA COUNTY OF ;hoc-~,~w. I, (~(1. ~~ ~~, ~ ~-. a Notary Public of the County and State aforesaid, certify that Holly F. d, President, and Emily E. Herbert, Secretary, of the Board of Directors for the Association for the Preservation of the Eno River Valley, Inc., personally came before me this day, each acknowledging to me that she signed the foregoing document. Witness my hand and official stamp or seal this the j day of aL~o~er' , 2008. .~JGH ~Oip~ y~ '~ o~ ARY 9y My commission expires: fl -15 -Zo11 NORTH CAROLINA COUNTY OF ORANGE 2 4 s'Qyq V BL J •C~'~ a Notary ub c Print name: m • K..I ~g~ ~ ~ . I, Anye~a r h~rr Rd~~e~ , a Notary Public of the County and State aforesaid, certify that D~fnna S. Baker personally came before me this day and acknowledged that she is Clerk to the Board of Commissioners for Orange County, North Carolina and that by authority duly given and as the act of said County, the foregoing instrument was signed in its name by the Chair of said Board of Commissioners and attested by her as Clerk to said Board of Commissioners. Witness my hand and official stamp or seal this the ~ s! day of ~c'~~rnf'C-' , 2008. :' Notary Pu is My commission expires: j My Coene~lsdeB~.,....;r ~~ Page 16 of 20 49 Acknowledgments NORTH CAROLINA COUNTY OF ~~~~-,~,v,,. I, (Yl . ~-l .~.~~.. ~d c~.-. a Notary Public of the County and State aforesaid, certify that Holly F. d, President, and Emily E. Herbert, Secretary, of the Boazd of Directors for the Association for the Preservation of the Eno River Valley, Inc., personally came before me this day, each acknowledging to me that she signed the foregoing document. Witness my hand and official stamp or seal this the ~ day of ()t-~'o~,es' , 2008. ~~v 'C A O~'O„~ O ~'1- ti My commission expues: ii -1`'1 -ZQ-1 NORTH CAROLINA COUNTY OF ORANGE 2 ~Qyq U Bev ~.,,,_M CO_~ Notary ub c Print name: ~ • ~~ ~ ~L, ~~ ~-,-~ I, , a Notary Public of the County and State aforesaid, certify that Donna S. Baker personally came before me this day and acknowledged that she is Clerk to the Board of Commissioners for Orange County, North Carolina and that by authority duly given and as the act of said County, the foregoing instrument was signed in its name by the Chair of said Board of Commissioners and attested by her as Clerk to said Board of Commissioners. Witness my hand and official stamp or seal this the day of , 2008. Notary Public My commission expires: 50 Page 1 f~3of 20 iu~imumn~ EXHIBIT A SUMMARY: BASELINE DOCUMENTATION REPORT for the CONFLUENCE PROPERTY Landowner: Eno River Association, 4404 Guess Road, Durham, NC 27712 Property/Easement Area: One single parcel totaling 110.42 acres Township/County: Cheeks and Cedar Grove/Orange PIN #: 9856-36-2947 Plat: Book 103 Pages 16-17 Deed: Book 4426 Page 510 Current Land Uses: The primary land use of the property is as open space. In addition, several agricultural fields are under production for hay. Limited hunting is allowed on the property. Property Summary: The Confluence properly (the former Stollings tract) is one single parcel (110.42 acres) located west of Highland Farm Road in northwest Orange County, NC (Cheeks and Cedar Grove Townships), downstream from Lake Orange and the Hillsborough West Fork Reservoir. There will be two conservation easements on the property. The Clean Water Management Trust Fund (CWMTF) will be granted an easement on the 300-foot-wide river buffer of the property and Orange County will be granted an easement on the entirety of the property. The topography of the properly slopes from the cen~al interior upland areas towazds the property boundaries located along the East Fork Eno River and West Fork Eno River. Gentle slopes (0 to 5 %) characterize the wide flood plain along the river frontage. Steeper slopes (15 to 50%) are found above the floodplain, leading to the more moderate slopes of the upland interior. The properly is a mix of forestland and agricultural fields. The forest covers the majority of the floodplain and slopes portion of the property. The overstory consists of sycamore (Platanus occidentalis), yellow poplar (Liriodendron tulipifera), sweet gum (Liquidambar styraciflua), American beech (Fagus grandifolia), and swamp chestnut oak (Quercus michaw~z~, with eastern red cedar (Juniperus virginiana), Virginia pine (Pines virginiana), and shortleaf pine (Pines echinata) found further up the slopes. The entire forest buffer was selectively logged in 2004-05. Slash piles and logging roads are present along the eastern edge of the lazge southern agricultural field. The majority of the upland is currently maintained as agricultural fields for hay production, with many of these fields having been farmed since the property was settled in the 1800s. Two of the fields, ane located just south of the property entrance and the other on the northwestern property line along West Fork Eno River, were recently abandoned. Aside from the agricultural fields and logging history of the area, there i$ significant evidence of human disturbance throughout the property. Located on the uplan~,~,~st west of Highland Farm Road is an old home site consisting of three buildings with the rema.ms of a large barn situated just south of the homesite. In the northwest corner of the property are another old homesite,. a shazecropper's home, as well as the remains of an old mill site located along the West Fork of 51 Page 17 of 20 I IIIVIIII~nII the Eno. Along millrace originates northwest of the property near Efland-Cedar Grove Road and runs southeast to this mill site, forming the entire northeastern boundary of the property and the northwest boundary between the property and the adjacent Penny tract, also owned by the Eno River Association. Significance: This section of the upper Eno, north and west of Hillsborough, was identified as a high priority for conservation in the Eno River Riparian Corridor Plan (2000), commissioned by CWMTF. A conservation plan developed by the Upper Neuse Clean Water Initiative (2006) ranked this property as a highly important conservation target for water quality -within the tap 2% of all properties in the Upper Neuse Basin. This site was also identified as a high priority for protection in Orange County's Lands Legacy Action Plan (2006-08), adopted by the Orange County Board of Commissioners in September 2006, and the eastern property boundary, with 4,900 feet of frontage along the East Fork Eno River, was recommended for protection as a "Wildlife Corridor" in the Orange County Comprehensive Plan. Protection of that corridor was recommended in the Inventory of Natural Areas and Wildlife Habitat for Orange County (1988). Natural Area Significance: National. A significant number of rare aquatic species are contained within the waterways surrounding the Confluence property, including the Atlantic pigtoe (Fusconaia mason: and creeper (Strophitus undulates), state endangered and state threatened mussel species, as well as the Neuse River waterdog (Necturus lewisi), a fish species that is of state special concern. The groperty itself is part of the Upper Eno Macrosite that contributes to the quality of the habitat. In addition, on a field visit to inspect the property, the Eno River Association located an element occurrence of the Yellow giant-hyssop (Agastache nepetoides), which is a state listed plant. Significant Features: • The property has approximately 10,700 feet of river frontage on the East Fork Eno River and the West Fork Eno River • The property contains 76 acres of intact hardwood forest that buffers the East Fork Eno River and the West Fork Eno River • The property buffers nationally significant Eno River Aquatic Habitat Natural Heritage Site, and composes part of the Upper Eno Macrosite • The property includes remains of a former mill on the West Fork Eno River 52 Page 18 of 20 +Imsn~uwmii TH1S MAP [S NOT A CERTIFIED SURVEY AND HAS NOT BEEN REVIEWED BY A LOCAL GOVERNMENT AGENCY FOR COMPLIANCE mr~rra ewty erpt i( AAi.R LAND DEVELOPMENT Exhibit B Orange Courrty Conservation Easement ~~ Confluence Property (110.42 acres) ®eoc Orr ~..d ~~ ~~ 0 ,OC ~0 ,00 F.. v IJ • . ~ aranpa county Nu ennaa 53 ul~lvunii~iu~n EXHIBIT C EXCEPTIONS TO TITLE Subject to matters shown on recorded Plat Book 103 at Pages 16 and 17, Orange County Registry, including right of way for Highland Farm Road (SR 1332), property boundary lines consist of center line of East and West Forks of Eno River and Old Mill Race located on the Land. 2. Title to that portion of Land within the right-of--way of Highland Farm Road (SR 1332). Rights of others thereto entitled in and to the continued uninterrupted flow of Old Mill Race located on the Land. 4. Title to that portion of the Land lying below the mean high water mark of East and West Forks of Eno River. 5. Riparian rights incident to the Land. 6. Right of Way Agreement with State Highway Commission recorded in Deed Book 209 at Page 474, Orange County Registry. 7. Utility Easement(s) to Duke Power Company recorded in Deed Book 105 at Page 165, Orange County Registry. Conservation Easement to the State of North Carolina recorded in Book 4591, Page 525, Orange County Registry. 54 Page 20 of 20 55 Orange Well Net Timeline August 2009 A. Introduction As discussed in my presentation to the BOCC in January 2009, a combination of regolith and bedrock wells spread across the eight main types of generalized bedrock geology present in Orange County is planned for the establishment of a groundwater observation well network, which is proposed to be known as the Orange Well Net. Regolith wells, completed in the unconsolidated material present above bedrock in the subsurface, will be utilized to monitor natural stresses on the quantity of groundwater available in storage which are caused by variations in climatic conditions, while bedrock wells will be used to monitor changes in groundwater levels in the bedrock across the county. B. Situation to Date The main categories of bedrock present in the county have been identified in those portions of the county which have recently been geologically mapped in detail by the North Carolina Geological Survey. Additional mapping is on-going and a complete, detailed geologic map of Orange County is scheduled to be available in June of 2011. As previously presented, the groundwater observation well network is proposed to utilize a combination of bedrock wells and regolith (unconfined subsurface material) wells to monitor groundwater conditions in Orange County. The bedrock wells should be located in each of the main bedrock lithologies present in the recently mapped portion of the county. The drilling of regolith wells is temporarily delayed as a cost saving strategy. The use of existing bedrock wells is desirable because of the considerable cost savings which can be achieved versus drilling new wells. However, existing bedrock wells which appear to be suitable for inclusion in the network must be checked to determine if the surface casing present in the well is leaking or not, thereby insuring that the water present in the well is actually representative of bedrock conditions. County-owned properties which contain existing bedrock wells which appear to be suitable candidates for inclusion in Orange Well Net are (the bedrock geology at each of these well locations is listed): • The former 911 Center on New Hope Church Road (slated for divestiture) (altered tuff); • The Blackwood Farm on NC 86 (felsic lavas and tuffs); Observation Well Network Timeline 5 6 August 2009 • The Millhouse Road property (epiclastics); and • The existing well on Rocky Ridge Road (felsic lavas and tuffs). C. Next Steps 1. Additional existing bedrock wells on the following non-County owned properties have been identified as potential candidates for inclusion in Orange Well Net (with bedrock geology listed): • UNC-CH's former McCauley Geophysical Laboratory off Ray Road, Carrboro (felsic plutonics-East Farrington granite); • Duke Forest Blackwood Division on Eubanks Road (mafic plutonics); • Eno River Associations Eno confluence property on Highland Farm Road (felsic tuff); and • The NCDENR Division of Water Quality's Duke Forest Hydrogeological Station off Mount Sinai Road [felsic plutonics (well 4D) and intermediate plutonics(well 1 D)]; 2. The use of non-County owned wells requires the approval of a Memorandum of Agreement (MOA) between the County and the owner of the property on which the well is located. MOA's must be completed for the following wells: • The UNC CH well off Ray Road, • The Duke Forest Well on Eubanks Road, and • The Eno River Association well on the Eno confluence property on Highland Farm Road. Draft MOAs have been submitted to each of these organizations and each draft MOA has been reviewed by the County attorney prior to submittal to the BOCC. Proposed Completion Date: September 30, 2009 3. Through a combination of existing wells on County-owned and some non- County-owned properties, nine potentially suitable bedrock wells in the county have been identified and are being considered for inclusion in the observation well network. 4. Certain steps must be completed prior to using existing bedrock wells as observation wells, including: • Completion of a MOA, if needed, • Removal of the pump, if one is present in the well, • Well construction details should be obtained or determined, and • Resolution of whether or not the surface casing present on the well is leaking. Observation Well Network Timeline 5 ~ August 2009 • If the surface casing in an existing well is found to be leaking, repairs to the well or not using the well are options which must be considered and evaluated on a case-by-case basis. • The security of each well head must be evaluated and possibly improved prior to the use of each well. 5. Given the limited budget, internal resources should be used to complete as many of the necessary tasks as possible to minimize expenditures. This could include: a. Using County personnel to try to remove pumps from wells, to provide an electrician to facilitate the use of existing pumps in wells; b. Utilizing Environmental Health resources, including personnel, generator and video camera system, to examine existing wells for casing integrity. 6. It should be a priority to complete the tasks listed in Item 4 above, to facilitate use of the following County owned bedrock wells to permit data collection to begin: • The Blackwood Farm well, (DONE) • The Rocky Ridge Road well, and • The Millhouse Road well. (DONE) 7. The EH video camera should be used to see if the surface casings on the following wells are leaking, in the order listed: • The Blackwood Farm well, (DONE) • The Rocky Ridge Road well, • The Millhouse Road well, and (DONE) • Pumps must be pulled at the following properties: • The Blackwood Farm, (DONE} • The UNC- CH well, • The former 911 center, • The Duke Forest Well on Eubanks Road, and • The Eno River Association well on Highland Farm Road. • Inspection of other wells with the down-hole camera should occur once MOAs are finalized for each of the following wells: • The UNC CH well, • The Duke Forest Well on Eubanks Road, and • The Eno River Association well on Highland Farm Road. Proposed Completion Date: October 31, 2009 8. If it can not be conclusively determined if the casing of an existing well(s) is leaking or not through inspection using the EH downhole video camera system, Observation Well Network Timeline 5 8 August 2009 then additional means of inspecting the well may be needed, such as using a downhole geophysical instrument operated by DWQ, budget permitting. Proposed Completion Date: November 30, 2009 9. Any existing wells that are inspected and determined to have leaky casing must be repaired prior to use of the well as an observation well, as the budget allows. Proposed Completion Date: January 31, 2010 10. As the project budget for FY09-10 likely permits purchasing a maximum of six data loggers (for measuring groundwater levels) once the steps listed above are completed, data loggers should be deployed in the following bedrock wells, in the order listed: • Rocky Ridge Road well, • the Blackwood Farm well, • Millhouse Road well, • DWQ wells 1 D and 4D at the Duke Forest Hydrologeological Station, and • Whichever of the following is available first: • Former 911 Center, • The UNC CH well, • The Duke Forest Well on Eubanks Road, and • The Eno River Association well on Highlands Farm Road. Proposed Completion Date: February 28, 2010 11. Groundwater level data will be collected from each of the bedrock observation wells on an appropriate schedule. This data should be hosted on the World Wide Web by NCDENR DWR so that the groundwater level information collected by Orange Well Net will be readily available to the public. Proposed Completion Date: Spring 2010 12. Regolith well location and design planning should be undertaken with the objective of enlarging Orange Well Net in FY10-11. It is anticipated that additional data loggers for the remaining bedrock wells will be purchased and deployed in FY10-11. Any repairs to existing bedrock wells which may be needed prior to utilizing some bedrock wells in Orange Well Net are also likely to be delayed until FY10-11. Proposed Completion Date: Late Spring 2010 Orange Well Net Observation Well Network Bedrock Well Details Bedrock Wells Existing Bedrock Wells: Owner Depth, ft. Casing de th ft. Bedrock Geology Generalized Rock Unit 1 Former 911 Center' OC unk. unk. Altered tuff 1 2 Millhouse Rd ERCD site OC 166 67? Epiclastics 2 3 Eno Confluence Property Eno Riv Assoc. z unk. unk. Felsic tuff 3 4 Rocky Ridge ERCD site OC 580 67 Felsic lavas and tuffs (Dacite) s 4 5 Blackwood Farm ERCD site OC 302 100 Felsic lavas and tuffs (Dacite) 4 6 Duke Forest Hydrogeologic St. DWQ 400 (4D) 85 Felsic plutonics (Granite) g 7 Former UNC -Geophysical Lab UNC 2 unk. unk. Felsic plutonics- E. Farrington Granite a 6 8 Duke Forest Hydrogeologic St. DWQ 281 (1 D) 62 Intermediate plutonics (Diorite) 7 9 Duke Forest Well (Eubanks Rd.) Duke z unk. unk. Mafic plutonics (Gabbro) g Needed Bedrock Wells: Owner Depth, ft. Casing de th ft. Lithology Generalized Rock Unit 10 7 Mile Creek Preserve OC Mafic lavas and tuffs (Andesite to basalt) 5 1 -Property slated for divestiture. 2 -Approval of draft MOA has been received from property owner. 3 -Main bedrock geology in the county, by area. 4 -Younger pluton, which may yield higher radon concentrations. m Cost Estimate for Orange Well Net Itemized Cost Year 1 Year 2 Year 3 Subtotal Estimated Cost to Install Each Saprolite Well 6,000.00 24,000.00 24,000.00 48,000.00 Estimated Cost to Install Each Bedrock Well 11,000.00 11,000.00 11,000.00 Cost for Transducers and Data Loggers 1,125.00 6,750.00 6,750.00 6,750.00 20,250.00 Cost for Cable, dessicant and container, dock 430.00 2,580.00 2,580.00 2,580.00 7,740.00 Miscellaneous Expenses, locks, well caps, etc. 1,400.00 1,000.00 1,000.00 3,400.00 Surveying of Well Locations 3,000.00 3,000.00 6,000.00 Laptop for Retrieving Information 2,000.00 2,000.00 2,000.00 Automatic Rain Gauge and Protective Housing 500.00 500.00 500.00 Data Logger for Rain Gauge 250.00 250.00 250.00 Annual Maintenance 75.00 175.00 175.00 425.00 Subtotal 11,305.00 39,755.00 48,505.00 99,565.00 Assumptions: Number of Saprolite Wells: 8 to an avg. maximum depth of 60' 18 total Number of Bedrock Wells: 10 total, using 9 existing bedrock wells. si25~o9 Details: Year 1: Use existing out-of-use bedrock wells to initiate data collection. Geophysical logging of existing bedrock wells by DWQ may be necessary to ensure casing leakage is not occuring. Year 2: DWR hosts collected data on their network server at no cost. Years 3+: Recurring capital anticipated every 5 years to replace data loggers. $5,000 /year phased FY 2014-2016. Other maintenance activities will include upkeep of well heads for security purposes, replacement of broken or worn equipment, replacement of dessicant rn 0