Agenda - 05-01-2018 8-j - Resolutions of Approval – Conservation Easements on Two Eno River Association Properties and Approval of Budget Amendment #8-C

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Page 2 of 18 C. The Property consists primarily of woodland and riparian habitats for a variety of wildlife species of importance to the Grantors, the people of Orange County and the people of North Carolina. The property is bisected by Panther’s Branch Creek and an unnamed tributary stream, and includes approximately 3,600 feet of frontage on the Eno River upstream of Corporation Lake and Lake Ben Johnston, both public drinking water supply reservoirs serving the people of Orange County. It is a primary purpose of this Conservation Easement to protect the quality of the surface waters in the Eno River and the natural wildlife habitat it supports. To the extent practicable, the Grantor and Grantee wish to maintain the Easement Area as woodland and riparian habitat for the native flora and fauna of the North Carolina Piedmont, and to protect the quality of water running off from this 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 furthers 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 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 Co rporation Lake Reservoir and Lake Ben Johnson Reservoir. Another primary purpose of this Easement is to protect the undeveloped nature of the Grantor’s Property and, in doing so, help 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 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 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. The Grantor and Grantee agree that the current uses of 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 14