Agenda - 11-07-2024; 8-f - Resolution of Approval – Donated Conservation Easement on Property of William Bruce and Phyllis Richmond

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8 described herein, and to protect the quality of water running off from this land and into McGowan Creek,which river also has conservation value. 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 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; McGowan Creek, a large wetland, and two 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. It is a primary purpose of this Conservation Easement to protect the 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 contains an significant segment of McGowan Creek, which the State of North Carolina identifies as "WS-II;HQW,NSW", defined as a High Quality Waterway and Nutrient Sensitive Waters. McGowan Creek is a primary tributary to the Eno River, and provides drinking water to the Town of Hillsborough, as well as downstream to the Upper Neuse Watershed. It is a specific objective of Orange County in its 2030 Comprehensive Plan, to minimize impact of non-point and point source pollution. Another primary purpose of this Easement is to protect the undeveloped nature of the Easement Area and, in doing so, help to protect the water quality associated with McGowan Creek. The Easement Area also contributes to the open space and rural character of this section of Cheeks Township. Portions of the easement area have been or will be developed for the benefit of low impact recreation for the tenants of the Array development. 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 McGowan Creek water quality, as well as the open space and rural character of Cheeks 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 17