Agenda - 12-10-2013 - 6f - Laserfiche WebLink

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7 Fern Creek Conservation Easement OEM= C. To the extent practicable, the 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 water quality of Collins Creek and other perennial streams that flow through this land and eventually to the Haw River and Jordan Lake. The grant of this Conservation Easement will further said wish, and will serve the following "Conservation Purposes," as such that 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 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. The Easement Area contains complex natural communities including: bottomland hardwood forest dominated by hardwood wetland trees; Collins Creek and three feeder streams; upland forest dominated by beech, oaks, hickories, and large pines; a diverse forested habitat for several species of birds; and natural depressions in low-lying areas that provide breeding sites for salamanders, a community ranked"globally rare" and "very rare in the state"by the North Carolina Natural Heritage Program. It is a primary purpose of this Conservation Easement to protect the largely undeveloped nature of the Easement Area and, in doing so, to support and help protect the natural area and wildlife habitat associated with this area. The Easement Area also contains an intact segment of Collins Creek, which the State of North Carolina identifies on its list of"303(4)impaired streams." It is a specific objective of Orange County in its 2030 Comprehensive Plan, to reduce the number of 303(4)impaired streams by minimizing impacts of non-point and point source pollution. Another primary purpose of this Easement is to protect the undeveloped nature of the Grantor's Easement Area and, in doing so, helping to protect the water quality associated with Collins Creek. The Easement Area also contributes to the open space and rural character of this section of Bingham Township. It is a further purpose of this Conservation Easement to help to protect the rural character and open space of Bingham Township. The natural habitat of the Easement Area, and its contribution to the protection of Collins Creek water quality, as well as the open space and rural character of Bingham Township are collectively referred to as the "conservation values" of the Easement Area. The 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: Page 2 of 16