2009-076 ERCD - Orange Co and Preservation of the Eno River regarding Utilization of Former Water Supply Well

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r,~gis~uui~iiiua 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 natural area that has not been subject to significant development, which provides a "...relatively natural habitat offish, 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 Lake 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