CONSERVATION EASEMENT BASELINE DOCUMENTATION REPORT HARMON NORTH LLC BENTON COUNTY, TENNESSEE 12-20-2016

Prepared by Lead Author Tom Howe, Biologist Foothills Land Conservancy, Maryville, Tennessee

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TABLE OF CONTENTS

Project Brief Background Information Owner Acknowledgement of Conditions Ownership Information Property Description Parcel Maps and Property Data Purpose and Summary of Conservation Easement Provisions Significance of the Property The Foothills Land Conservancy Corporate Mission Tennessee Agricultural, Forestry and Open Space Resource Preservation Act Tennessee Conservation Easement Act of 1981 Foothills Land Conservancy Board of Director’s Resolution Accepting Conservation Easement with signatures of President and Secretary Minutes of Board Meeting Recitals Legal Condition Conservation Easement with Property Description (Deed) Conservation Values Geology Soils Land Use Information Anthropogenic Features Flora and Fauna Reports TN Natural Heritage Database Report on Listed Species Observed Species Lists Archaeological Report TN Division of Archaeology Letter on Archaeology Database Photographs of Current Site Conditions Photo Point Maps Key to Photographs Photographs Maps  Aerial Photograph with Boundaries  State Map/County Map  USGS Quadrangle Map  Watershed Map  Wetlands Map  Flood Map  Soils Map with Descriptions

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 Sub-surface Geology and Legend  Land Cover Map  Survey Map  House Site Survey  Conservation Management Areas Map  Anthropogenic Features Map Directions to Property with Maps References Preparers’ Qualifications and Contributions Exhibits A. Conservation Easement

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PROJECT BRIEF

Size: Approximately 935.2 acres

Location: Benton County, TN

USGS Quads: Harmon Creek and Big Sandy

Elevation: c. 415’ to 652’

Watershed: HUC 8: Kentucky Lake (06040005), HUC 12: Tennessee River-Harman Creek (060400050405)

Ecoregion: Western Highland Rim 71f (level 4)

The Harmon North LLC property (henceforth “the Property”) consists of approximately 935.2 acres of grassy, scrub-shrub, ridgetop pine forest with logging history and many ravines and hillsides of oak- hickory forest in Benton County, TN northeast of Camden. It lies between Harmon Creek Road and Raspberry Road on the north side of North Fork Harmon Creek.

The Property is being preserved for its open space forest, its viewshed and its natural habitat. It is within several recognized priority conservation areas including the Tennessee State Wildlife Action Plan (SWAP) as indicated in NatureServe’s map below.

(NatureServe, 2016a)

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PROPERTY DESCRIPTION (See Exhibit A Below) Parcel Maps and Property Data Note: Neither Tax Map nor Data Report as yet reflect the boundaries of the proposed easement.

[Type a quote from the document or the summary of an interesting point. You can position the text box anywhere in the document. Use the Drawing Tools tab to change the formatting of the pullpull quote text box.]

Harmon North LLC is this northern blue sector only

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County Number: 003 County Name: BENTON Tax Year: 2017

Property Owner and Mailing Address

Jan 1 Owner: Current Owner: HARMON SOUTH LLC P O BOX 1250 CROSSVILLE, TN 38557

Property Location

Address: CHERRY GROVE RD Map: 058 Grp: Ctrl Map: 058 Parcel: 004.00 PI: S/I: 000

Value Information

Reappraisal Year: 2015

Land Mkt Value: $1,342,900

Improvement Value: $60,000

Total Market Appraisal: $1,402,900

Assessment %: 25

Assessment: $350,725

General Information

Class: 10 - FARM City #: 000 City:

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SSD1: 000 SSD2: 000 District: 07 Mkt Area: M08 # Bldgs: 0 # Mobile Homes: 0 12 - NONE / Utilities - Water / Sewer: Utilities - Electricity: 01 - PUBLIC NONE Utilities - Gas / Gas 00 - NONE Zoning: Type:

Subdivision Data

Subdivision: Plat Bk: Plat Pg: Block: Lot:

Additional Description

Building Information

Extra Features

Bldg/Card# Type Description Units 1 1

Sale Information

Sale Date Price Book Page Vac/Imp Type Instrument Qualification 11/08/2016 282 536 QC 03/31/2010 $6,526,242 196 45 VACANT WD P 09/03/2001 $2,036,442 47 535 VACANT WD T 04/19/1979 $0 114 459 02/02/1976 $0 95 296

Land Information

1,167.70 Total Deed Calc 62 - 1,167.70 0.00 Land Land Soil Acres: Acres: WOODLAND A Units: 1,167.70 Units: Type: Class: 2

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PURPOSE AND SUMMARY OF CONSERVATION EASEMENT PROVISIONS

It is the purpose of this Easement to assure that the Property will be retained forever in its current natural, scenic, forested, and/or open land condition and to prevent any use of the Property that will impair or interfere with the Conservation Values of the Property, subject only to the terms and provisions set forth herein. Grantor intends that this Easement will allow the use of the Property for such activities that are not inconsistent with the purposes of this Easement, including, without limitation, those involving agricultural and forest management, fire management and control, wildlife habitat improvement, hiking, and other private recreational uses that are not inconsistent with the purposes of this Easement.

Sections 3 and 4 of the Conservation Easement (CE) document contain the major provisions. The CE is attached herein as Exhibit A.

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SIGNIFICANCE OF THE PROPERTY

The Foothills Land Conservancy Corporate Mission

The Foothills Land Conservancy is a tax-exempt, non-profit land conservation organization. Article V, Section 1 of the Foothills Land Conservancy Charter of Incorporation states that its purpose and objectives are to “work with public agencies, preservation and conservation-oriented organizations, property owners, and the interested public to encourage the preservation of natural and productive lands which contribute to the unique character and heritage of the foothills of the Great Smoky Mountains. The corporation will work to protect, preserve or enhance the land, water, geological, biological, historical, architectural, archeological, cultural or scenic resources of the foothills area and productive values of such lands in a manner consistent with its purpose and the purposes reflected in Tennessee Code Annotated, Section 64-9-301 et seq. and in conformance with Section 501c(3) of the Internal Revenue Code.” Section 3 further states the Conservancy is “to acquire, through gift, sale or other lawful means, interests in real property as necessary and convenient to protect such characteristics, which may include but are not limited to agricultural productivity, ecological integrity, historic characters, or managed public access.” This easement meets the purpose of the organization by conserving land, watershed, forestry, ecological and historical values.

Tennessee Agricultural, Forestry and Open Space Resource Preservation Act

Tennessee Code Annotated 67-5-1002 states, “The general assembly finds that: (1) The existence of much agricultural, open space and forest lands is threatened by pressure from urbanization, scattered residential and commercial development, and the system of property taxation … . (2) The preservation of open space in or near urban areas contributes to: (A) The use, enjoyment and economic value of surrounding residential, commercial, industrial or public lands; (B) The conservation of natural resources, water, air, and wildlife; (C) The planning and preservation of and open condition for the general welfare; (D) A relief from the monotony of continued urban sprawls; and (E) An opportunity for the study and enjoyment of natural areas by urban and suburban resident.” This conservation easement serves the open space, habitat protection, watershed protection, and offset of development pressure needs of the state of Tennessee.

Tennessee Conservation Easement Act of 1981

Tennessee Code Annotated 66-0-302 states, “It is the finding of the general assembly that the protection of the state’s land, water, geological, biological, historical, architectural, archaeological, cultural, and scenic resources is desirable for the purposes of maintaining and preserving the state’s natural and cultural heritage, and for assuring the maintenance of the state’s natural and social diversity and health, and for encouraging the wise management of productive farm and forest land.” This conservation easement is pursuant to that act.

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MINUTES OF BOARD MEETING AT WHICH EASEMENT WAS ACCEPTED

Minutes of the Meeting of the Board of Directors of the Foothills Land Conservancy (FLC) November 10, 2016, at the offices of FLC, 373 Ellis Ave., Maryville, TN 37804 Notice of the November 10, 2016 meeting, agenda, and the October 2016 minutes were distributed a week prior to the meeting. The financials were sent on November 7, 2016. The following members were in attendance at the November 10, 2016 meeting: Madge Cleveland, Wes James, Mark King, David Long, Stan Malone, Billy Minser, Mike Parish, Steve Polte, John Proffitt, Sara Rose, Susanna Sutherland and David Zandstra. Non-voting Recording Secretary, Mark Jendrek was in attendance. Not in attendance were Dan Barnett, Jenny Hines, Craig Jarvis, and Ken Rueter. The members in attendance during the meeting’s discussion and voting constituted a quorum. FLC staff members, Bill Clabough, Meredith Clebsch, Elise Eustace and Tom Howe were present.

Call to Order President, Madge Cleveland, called the meeting to order at 6:00pm. Approval of the Minutes Minutes from the October 2016 Board meeting were sent out to FLC Board Members a week prior to the November 2016 meeting. Sara Rose made a motion to approve the October 2016 minutes and David Zandstra seconded the motion. The vote for approval of the minutes was unanimous.

Committee Reports Land Protection Committee (excerpted) Regarding the Harper Branch CE property, Mike Parish explained that Land Protection was asked to consider letting the property owner cut pine trees on his property that were compromised due to a pine bark beetle infestation. Some of the trees included were pines within the stream buffer. The landowner provided FLC with locations and photos of infested trees. The sub-committee of the land protection committee met and decided due to the infestation that it was in the best interest of the property owner and the conservation easement to allow the trees to be cut. Reasons cited included the potential for the beetles to spread, the ongoing drought, and the pine beetle’s presence on some adjacent properties. The Land Protection also discussed the issue and whether it fit within some of the provisions of the CE agreement as the cutting would include areas within 200 feet of a protected area. Mark Jendrek reviewed the language within the CE and advised the committee that there was room in the existing CE to allow the cutting, even in a sensitive natural area. The land protection committee voted to approve the tree cutting under the guidelines listed within the Harvest Plan prepared by forester, Keith Moss, for Harper Branch. John Proffitt seconded the motion and the motion passed unanimously. Bill Clabough also reviewed with the Board some of the standard language included in FLC’s conservation easement documents that pertain to prohibited uses and reserved rights. Bill said that Meredith would then highlight any considerations outside of this standard language for the Board during the pre-approval and final approval of the meeting’s potential CE projects.

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Meredith Clebsch reviewed a PowerPoint of 5 potential conservation easements for the Board’s pre- approval during the Board Meeting. Meredith Clebsch then reviewed a PowerPoint of 14 potential conservation easements for the Board’s final approval, if offered by the donor, during the Board Meeting. Clebsch also provided information about the following projects for final approval via email to the Board prior to the meeting. These projects include:

Approval Project Acreage County State House sites Scenic Nat Res Open Space Agric FINAL Harmon N 965 Benton TN 2, 2ac x x x x

The Land Protection made the motion to the Board’s pre-approval and final approval, if offered by the donor, of the properties and it was seconded by Sara Rose. David Long recused himself from voting. The motion passed unanimously.

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RECITALS from HARMON NORTH LLC CONSERVATION EASEMENT (from CE dated 12-23-16) (any reference to “Exhibits” in this section refers to the CE document)

WHEREAS, Grantor is the owner in fee simple of approximately Nine Hundred Thirty-five and 2/10 (935.2) acres of real property in Benton County, Tennessee, which is more particularly described on Exhibit A-1, and graphically depicted on Exhibit A-2, attached hereto and incorporated by this reference (“Property”); and

WHEREAS, Grantor certifies that the Property possesses certain ecological, natural, scenic, open space, and wildlife habitat values, more specifically set forth below (collectively, “Conservation Values”) of great importance to Grantor, the citizens and residents of, and visitors to, Benton County, Tennessee, and the people of, and visitors to, the State of Tennessee, including visitors to the Nathan Bedford Forrest State Park, Natchez Trace State Park, Paris Landing State Park, the Big Sandy Unit of the Tennessee National Wildlife Refuge, the Duck River Unit of the Tennessee National Wildlife Refuge, the Land Between the Lakes, and the other parks and natural areas in and around Benton County, Tennessee, and which further local, state, and national goals to conserve scenery and wildlife for the enjoyment of future generations; and

WHEREAS, the Property remains substantially undeveloped and is ecologically well-balanced, and includes a variety of mature trees, creeks, and streams, all of which provide habitat for a number of species of wildlife; therefore, preservation of the Property is desirable for conservation and ecological reasons as well as for aesthetic reasons; and

WHEREAS, the Property is within the Nature Conservancy’s Northern Hills & Headwaters high priority conservation area, so designated for its terrestrial habitats—the Early Successional Scrub-Shrub Bird Guild and the Upland Hardwood Bird Guild. These habitats support three Tennessee state-listed species: Cerulean Warbler (Setophaga cerulea), Swainson’s Warbler (Lymnothlypis swainsonii), and Bachman’s Sparrow (Peucaea aestivalis), and may be found on or near the Property; and

WHEREAS, the Property is recognized by the Tennessee State Wildlife Action Plan as being within a very high conservation priority area, the Southern Interior Low Plateau Dry-Mesic Oak Forest; and

WHEREAS, the Property is part of the larger Central U.S. Mixed Hardwoods ecoregion. It is among the richest landscapes in North America for herbaceous and shrubs and considered critically imperiled by the World Wildlife Fund; and

WHEREAS, the Property is within the Tennessee State Wildlife Action Plan’s Tennessee River Conservation Opportunity Area (COA) for both aquatic and terrestrial habitat in the river channels, floodplains, and surrounding uplands. The COA is the home of 191 species of Greatest Conservation Need (GCN); and

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WHEREAS, the Property is within the Kentucky Lake watershed upstream of a U.S. Fish and Wildlife Service Critical Habitat for Threatened and Endangered Species within the same watershed, so designated for the presence of the Rabbitsfoot mussel (Quadrula cylindrica cylindrica), which is ranked as near threatened by the IUCN Red List of Threatened Species. Preservation of the Property will help ensure continued quality of the water downstream for this species; and

WHEREAS, the Property is biologically diverse with 147 vascular species, 33 of which were trees, observed during the site visit. Additionally, 18 butterfly, 6 , and 13 bird species were observed. Three birds species found on the Property are of greatest conservation need in the Central Hardwoods Bird Conservation Region, according to the Central Hardwoods Joint Venture. They are the Yellow-billed Cuckoo (Coccyzus americanus), White-eyed Vireo (Vireo griseus), and Brown Thrasher (Toxostoma rufum); and

WHEREAS, the Property lies within 15 miles of extensive already preserved federal and state natural areas including Harmon Creek Wildlife Management Area (983 acres) within 3 miles, Nathan Bedford Forrest State Park (c. 2,500 acres) within 2 miles, as well as the Tennessee National Wildlife Refuge (c. 9,000 acres), Camden Wildlife Management Area (3,427 acres), West Sandy Wildlife Management Area (4,269 acres), and Natchez Trace State Park and Forest (36,642 acres), all of which are within 10 miles; and

WHEREAS, many conservation easements, including three farms totaling approximately 2,750 acres, are already established within 20 miles of the Property. Foothills Land Conservancy also holds a 1,010 acre easement in adjacent Humphreys County with several thousand additional acres under consideration for protection; and

WHEREAS, according to the Tennessee Department of Environment and Conservation (TDEC), Benton County is the home of 19 plant and species deemed endangered and threatened or of special concern. The Property is in Harman Creek subwatershedwhich is found within Benton County, the known home of the threatened Western Pygmy Rattlesnake (Sistrurus miliarius streckeri) and the Bald Eagle (Haliaeetus leucocephalus), which are deemed in need of management; and

WHEREAS, the Conservation Biology Institute has compiled and mapped state and regional conservation needs into Conservation Focus Areas, rated from 0 to 5, lowest to highest. A majority of the Property has an upper medium value of 3 on such scale; and WHEREAS, the Property is situated in a region well-traveled and known for hunting and fishing. Preservation of the land will help maintain this recreational value of Benton County as it is the home of a good population of white-tailed deer. Hunting and fishing areas very close by include Harmon Wildlife Management Area just 2.5 miles due east and TVA land along Kentucky Lake just north of the Wildlife Management Area known as Hall’s Valley; and

WHEREAS, the Tennessee National Wildlife Refuge, which affords many hunting

16 opportunities, is within 10 to 15 mile of the Property. Fishing for bass, bream, crappie, and catfish is a popular recreational activity on Kentucky Lake. Resort marinas such as Birdsong Resort and Marina as well as several public boat access areas are nearby; and

WHEREAS, the Property offers local citizens and visitors to Benton County scenic views of the open space hardwood forests for a significant distance along both Harmon Creek Road and Grape Vine Road and for a shorter distance from Raspberry Road. The area around Kentucky Lake draws many visitors, including boaters, hikers, golfers, sightseers, campers, and birdwatchers. Civil war buffs also frequent the area to visit Nathan Bedford Forrest State Park and the Rockman Museum, both of which are within four miles of the Property. These visitors are an important part of Benton County’s economy, contributing nearly $20 million per year in direct sales; and

WHEREAS, the specific Conservation Values of the Property are further documented in an inventory of relevant features of the Property, which is on file at the offices of Grantee, a partial listing of which is attached hereto as Exhibit B and incorporated by this reference (“Baseline Documentation”), which consists of reports, maps, photographs, and other documentation that, Grantor certifies and the parties agree, provide, collectively, an accurate representation of the Property at the time of this grant, and which is intended to serve as an objective, though non-exclusive, baseline for monitoring compliance with the terms of this grant; and

WHEREAS, Grantor intends that the Conservation Values of the Property be preserved and maintained by prohibiting those land uses on the Property that impair, interfere, or are inconsistent with those Conservation Values; and

WHEREAS, Grantor further intends, as the owner of the Property, to convey to Grantee the right to preserve and protect the Conservation Values of the Property in perpetuity; and

WHEREAS, Grantee is a publicly supported, tax-exempt nonprofit organization and is a qualified organization under Sections 501(c)(3), 170(b)(l)(A)(vi) and 170(h), respectively, of the Internal Revenue Code of 1986, as amended, and the regulations promulgated thereunder (“Internal Revenue Code”), whose primary purpose is to preserve land, water, air, wildlife, scenic qualities, and open space by implementing programs for, without limitation, protecting unique or rare natural areas, water front, stream corridors, and watersheds; and

WHEREAS, Grantee has a commitment to protect the Conservation Values of the Property and has the resources to enforce conservation restrictions; and

WHEREAS, preservation of the Property shall serve the following purposes (“Conservation Purposes”): (a) Preservation of the viewshed for the scenic enjoyment of the general public, which will yield a significant public benefit; (b) Protection of a relatively natural habitat for fish, wildlife, plants, and

17 the ecosystems in which they function; (c) Preservation of open space for the scenic enjoyment of the general public, and pursuant to a clearly delineated government conservation policy which provides significant public benefit from both open space (including farm land and forest land) and agricultural use; and

WHEREAS, Grantor and Grantee desire to perpetually conserve the natural, scientific, educational, open space, and scenic resources of the Property to asccomplish the Conservation Purposes; and

WHEREAS, Grantor intends to grant the easement and impose the restrictive covenants on the Property as set forth in this Easement to accomplish the Conservation Purposes;

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LEGAL CONDITION

DEED OF CONSERVATION EASEMENT WITH PROPERTY DESCRIPTION (See Exhibit A)

(Copies will reside in the files of the Donor, the Donee, and the Benton County, Tennessee Register of Deeds)

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CONSERVATION VALUES The conservation values that make the Harmon North LLC property unique are described below and are detailed in the recitals (“Whereas” statements) in the Conservation Easement. Field data was gathered on site visits made on 08-22-16 by Tom Howe, Biologist and Bill Clabough, Executive Director.

Natural Habitat Landscape and Conservation Context

The Harmon North LLC property is in an ecologically important landscape. It lies within the Interior Low Plateau physiographic province and the Western Highland Rim ecoregion. The dominate forest type is the Southern Interior Low Plateau Dry-Mesic Oak Forest, which the Tennessee Wildlife Resources Agency’s (TWRA) SWAP ranks as very high in conservation priority (TWRA, 2015a). The table below in the Flora & Fauna section excerpted from the SWAP, Appendix D (TWRA, 2015b), lists 51 GCN (Greatest Conservation Need) species that find this habitat suitable and an additional 6 species that find it preferred. Included in the list are 5 species of bats in dire need of protection as they are also species susceptible to the white-nose syndrome (marked WNS in the table) which is decimating bat populations (U.S. Fish and Wildlife Service, 2016a). The SWAP’s purpose is to “focus on practical, proactive measures to conserve and restore important lands and waters, curb establishment of invasive species and address other pressing conservation needs” in an effort to maintain and enhance the rich biodiversity of the area (NatureServe, 2016b). Its recommendations include protecting land with conservation easements.

The Nature Conservancy (TNC) (NatureServe, 2016c) also recognizes the importance of the area by placing it within the Northern Hills & Headwaters high priority conservation area. This is due to the presence of terrestrial habitats—the Early Successional Scrub-Shrub Bird Guild and the Upland Hardwood Bird Guild, both present on the Property. These habitat types support three TN state listed species: Cerulean Warbler (Setophaga cerulea), Swainson’s Warbler (Lymnothlypis swainsonii) NatureServe, and Bachman’s Sparrow (Peucaea aestivalis) which are possible on the TNC High Priority Conservation Areas (in Property. green)

The Property is also within the Kentucky Lake watershed upstream of a U.S. Fish and Wildlife Service Critical Habitat for Threatened & Endangered Species within the same watershed, so designated for the presence of the rabbitsfoot mussel, Quadrula cylindrica cylindrica (NatureServe, 2016d), which is ranked as near threatened by the latest IUCN Red List of Threatened Species (Bogan, A. & Cordeiro, J.

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2012). Its rank has since been upgraded to threatened by the U.S Fish and Wildlife Service (2016b). Preservation of the Property through impeding development and requiring best management practices for forestry will help contribute towards maintaining KY Lake’s water quality for this and other sensitive species.

The Southern Interior Low Plateau Conservation Biology Institute, 2016a Dry-Mesic Oak Forest is part of the larger contextual ecoregion known as the Central U.S. Mixed Hardwood Forest. Much of this habitat has already been fragmented by agriculture and development and is thus considered critically endangered by the World Wildlife Fund (WWF). It has one of the most diverse herbaceous communities in North America, harboring 2,527 species (WWF, 2016). According to the map below, the Property fortunately has a relatively high degree of connectivity with other forested areas and its preservation Landscapes—Structural Connectivity will help to maintain the region’s “structural ecological connectivity” per the national Ecological Framework (Conservation Biology Institute, 2016a). Since fragmentation Landscapes – Structural Connectivity from development and poorly managed logging operations are considered the primary threats to these ecoregions, it is one of the top priorities of conservation organizations to protect large interconnected blocks of forests in an effort towards preserving the viability of the region’s wildlife and help to maintain a wildlife corridor of forests. The restriction of development by this conservation easement on the Harmon North LLC property will help ensure the continuation of the structural connectivity of this region’s forest.

Griffith’s description of the area’s ecoregion below (Griffith, et al, 1998) fits the property well.

“The Western Highland Rim is characterized by dissected, rolling terrain of open hills, with elevations of 400-1000 feet. The geologic base of Mississippian-age limestone, chert, and shale is covered by soils that tend to be cherty, acid, and low to moderate in fertility. Streams are characterized by coarse chert gravel and sand substrates with areas of bedrock, moderate gradients, and relatively clear water. The oak-hickory natural vegetation was mostly deforested in the mid to late 1800’s, in conjunction with the iron-ore related mining and smelting of the mineral limonite, but now the region is again heavily forested”

The ridge tops are relatively flat and appear to have been planted in loblolly pine, logged and replanted in part. The pines in the logged areas are less than 15 feet high and are sparse in the midst of a grassy scrub-shrub habitat. These areas are dissected with numerous steep ravines that are predominately dry in their upper reaches. At the foot of the drainages, small wetland seeps form if the terrain flattens out

21 before they feed the tributaries of North Fork Harmon River. These are protected as part of the drainages in Management Area B. None of these waters were assessed by the 2014 stream assessment (TDEC, 2016a). However, Kentucky Lake, into which these waters empty, is rated as fully supporting.

The ravines are dominated by oaks and hickories of the Southern Interior Low Plateau Dry-Mesic Oak Forest, NatureServe identifier CES202.898. Eight oak species were observed, the species mix depending on the moisture gradient. Scarlet, chestnut, post and blackjack oaks are in the drier areas; black, southern red, northern red and white oaks are on the more mesic slopes. The understory on these cherty slopes was relatively open with blueberries (Vaccinium spp.), greenbriers (Smilax spp.), grape (Vitis sp.), bigleaf snowbell ( grandifolius) and herbs, NatureServe association CEGL007700. The abundant acorns and fruit from these trees and shrubs supply amply food for the wildlife the Property supports. At the foot of the slopes in the lower elevations, various expected mesic-loving trees such as red maple (Acer rubrum), sweetgum (Liquidambar styraciflua), tulip poplar (Liriodendron tulipifera), elms (Ulmus spp.) and sycamore (Platanus occidentalis) enter in. The creeks, where running, are shallow and narrow, less than 10 feet wide where they reach the Property’s boundary. The amount of invasive vegetation was not very significant. Privet (Ligustrum sinense) and Japanese stilt grass (Microstegium vimineum) were seen at the foot of the drainages where a few tree-of-heaven (Ailanthus altissima) were also found.

Overall, the Property is biologically diverse with 147 species observed during our site visit, 33 of which were trees. In addition, we found 18 butterfly, 6 dragonfly and 13 bird species. According to the Central Hardwoods Joint Venture (2016), three of these birds are considered of greatest conservation need in the Central Hardwoods Bird Conservation Region in which the Property lies. They are the Yellow-billed Cuckoo (Coccyzus americanus) of the woodlands, and White-eyed Vireo (Vireo griseus) and Brown Thrasher (Toxostoma rufum) of the shrublands. A complete list of observed plant and animal species is found below.

The interface of the oak-hickory forest and the open pine-scrubland on the ridges within the Property provide edge habitat for a variety of species of birds, mammals and . Combined with the water courses, these habitats provide ample resources to support the local wildlife that benefit from this mingling of community types. White-tailed deer, coyote, gray squirrel and turkey were observed during the site visit. Many more would likely be added given additional survey times at different seasons. Protecting large blocks of these communities provides a habitat pool for breeding insectivorous birds and mast eating wildlife, and is a priority for their conservation. It also acts as an important buffer to the nearby conservation areas and waterways.

The Property lies within the TN SWAP’s Tennessee River Conservation Opportunity Area (COA) for both aquatic and terrestrial habitat in the river channels, floodplains and surrounding uplands (TWRA, 2015c). A COA is defined therein as an area that is “significant for protecting and restoring GCN species populations.” This COA is the home of 191 GCN species, and according to the SWAP, the section of the Tennessee River in this COA downstream of Wheeler Dam is perhaps the best example of "big river" habitat remaining in Tennessee. It is home to rare and endangered species of mussels and fish on the state’s list of species that are endangered, threatened or deemed in need of management. One of TWRA’s goals mentioned in the SWAP for projects within this COA is to establish good buffers along waterways to help protect this riverine habitat. This conservation easement is in harmony with TWRA’s goals and establishes necessary buffers along watercourses within the Property. These areas are

22 important conduits for movement of both plant and animal species across the landscape. The native vegetation near these aquatic habitats provides natural shade which is essential for maintaining cool temperatures for the sensitive aquatic fauna. Preserving the integrity of these areas is a critical component to maintaining landscape continuity and biodiversity. Therefore, the riparian corridors, wetlands and the steep slopes above them are select natural features that area included in Conservation Management Area B deserving extra protection within the Conservation Easement (see details below).

The protection of habitat, in order to help preserve and recover species threatened with extinction, is the principle goal of the Endangered Species Act of 1973 (NatureServe, 2016e). According to the Tennessee Department of Environment and Conservation (TDEC, 2016b), Benton County is the home of 19 plant and animal species deemed endangered and threatened or of special concern. The Property is in the Tennessee River-Harman (TDEC misspelling) Creek sub-watershed within the county which is the recorded home of the threatened Western Pygmy Rattlesnake (Sistrurus miliarius streckeri) and the Bald Eagle (Haliaeetus leucocephalus), deemed in need of management. The area’s desirability for conservation is also supported by the Conservation Biology Institute (2016b) which has compiled and mapped states’ and regions’ importance of conservation needs into Conservation Focus Areas rated from 0 to 15, lowest to highest. The Harmon North LLC property has a medium value of 4.

The richness and importance of the region’s biodiversity is also attested to by the large amount of preserved acreage along the Tennessee River within close proximity of the Property. Within 15 miles there are extensive preserved federal and state natural areas including: Harmon Creek WMA (983 acres) within 3 miles, Nathan Bedford Forrest State Park (c. 2,500 acres) within 2 miles, the TN National Wildlife Refuge (c. 51,000 acres), Camden Wildlife Management Area (WMA) (3,427 acres), West Sandy WMA (4,269) and Natchez Trace State Park and Forest (36,642 acres), all within 10 miles. In addition, many open space non-governmental conservation easements are already established within 20 miles of the Property including three farms totaling approximately 2,750 acres (NatureServe, 2016f). Foothills Land Conservancy holds a 1,010 acre easement for its environmental system and open space in adjacent Humphreys County with several more thousand acres under consideration.

Open Space

The undeveloped forested ridges on the Property protect its natural resources and serves to maintain the quality of its scenic viewshed for the local community, the many tourists and other outdoor enthusiasts visiting the area. There are scenic views of the open space hardwood forest for a mile each along Harmon Creek Road and Grape Vine Road, and for a shorter distance from Raspberry Road. This area around Kentucky Lake is a draw for many recreation seekers including boaters, hikers, golfers, sightseers, campers, and birdwatchers. Civil war history buffs also frequent this area to visit Nathan Bedford Forrest State Park and the Rockman Museum, both within 4 miles of the Property. It was from this west bank of the Tennessee River in Benton County that the Confederates destroyed a Union supply depot in a brilliant victory (U.S. Department of the Interior, 2016a). These visitors are becoming an important part of

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Benton County’s economy, contributing nearly $20 million per year in direct sales (The University of Tennessee Tourism Institute, 2006). The preservation of the scenic attributes of the undeveloped Harmon North LLC property will add to the enjoyment of travelers to these other protected properties and in turn would help support the local tourism economy.

This well-traveled region is especially renowned, however, for its hunting and fishing opportunities. Preservation of this land will help maintain the recreational value of Benton County since the Property, judging by the amount of sign observed, is the home of a good population of white-tailed deer. Out of Tennessee’s 95 counties, Benton ranked 31st in the number of deer harvested and 23rd in deer per square mile during the 2014-2015 season (Yoest, 2015). Hunting and fishing areas very close-by include Harmon WMA, 2.5 miles due east, and TVA land along Kentucky Lake just north of the WMA known as Hall’s Valley. TN National Wildlife Refuge, which affords many hunting opportunities, is spread over several locations from 10 to 15 miles distant. Fishing for bass, bream, crappie and catfish is prominent on Kentucky Lake, and resorts such as Birdsong Resort and Marina in Camden plus several public boat accesses are nearby.

The Property is also within about an hour’s travel time to Land Between the Lakes National Recreation Area in neighboring Stewart County. This is an increasingly popular tourist destination, especially for those interested in outdoor recreation which is the “focal point of a $600 million tourism industry” (KentuckyLake.com, 2016) for 1.5 million visitors annually (U.S. Department of Agriculture, 2016a).

NatureServe, 2016g

Housing Density in 1970 Housing Density in 2000

Predicted Housing Density for 2030

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One of the major concerns of the Tennessee Wildlife Resources Agency’s Strategic Plan for 2012-2020 is the threat of urbanization on habitats (TWRA, 2014). As demonstrated by the maps above (NatureServe, 2016g), housing density in 1970 for nearly 100% of the region around the Property was >80 acres/unit. By 2000, a good portion of the area was already developed at 10 to 30 acres/unit.

Although the Property itself is not yet indicated to have the threat of development, encroachment in the surrounding area is certainly occurring. The limitation of development on the Property would secure the continuation of relatively natural open space and wildlife habitat that is diminishing in the region. This land will be part of the last remaining buffer zone protecting Harmon Creek WMA and Nathan Bedford Forrest State Park by 2030. Its preservation is also crucial in maintaining the scenery that is being lost and which is increasingly sought out as relief from the stress of urban life, much to the public benefit of local residents and visitors. The absence of development’s light pollution is an additional benefit, not only for human enjoyment of the night sky and landscape, but also for many species, especially moths, which often are attracted to nightlights only to perish. Moth larvae (caterpillars) and other insects are the basis of the diets of a great many birds including threatened Neotropical migrants. Protecting the Property will hinder such light pollution and help considerably in protecting the health of the natural resources it supports.

For the best protection of these resources, three Conservation Management Areas have been designated (see the Maps section). The restrictions set out in the Conservation Easement apply across all management areas in order to protect and maintain conservation values. The right to improve conservation value is also provided for in the easement, if it is approved by the land trust. Conservation Management Area A is composed of pine forests and scrubland and some hardwood forests. Forestry management is permitted in this area following 1) an approved Forest Management Plan, 2) all appropriate Best Management Practices, and 3) with notice to and approval by the land trust. Conservation Management Area B encompasses such features as creeks, water sources and wetlands. Conservation Management Area C delineates the steep drainages above them without year-round water, which contain high quality habitat of mature hardwoods as well as any existing bluffs. These locations are to have no commercial timber harvest or agricultural activities, and no new roads, skid paths, sedimentation impacts, or structures. Reserved Rights are described in the easement agreement. The location of two reserved two acre home sites is noted in the map section of this report and in Exhibit C and D of the Conservation Easement document.

In conclusion, adding permanent protections to the Harmon North LLC property will support the international conservation goals that include minimizing habitat fragmentation of wildlife corridors, and will help maintain healthy and diverse wildlife populations for the future. The Property also serves a vital function as a significant contributor to the ecological viability of the important and unique habitats on the Western Highland Rim, which may play an important role as a refuge for flora and fauna as climate change plays out (Open Space Institute, 2016). Including this large block of open space in a conservation easement will also offer an important buffer for healthy natural waterways, while providing critical opportunities for supporting, in perpetuity, the goal of increased biodiversity in the area. Protecting these conservation values and the scenic vistas of the Property will thus provide valuable services to the general public, both ecologically and economically.

25

GEOLOGY

The Property is uniformly underlain with the chert and shale of the Ft. Payne Formation (Mfp). It is described as “Bedded chert, calcareous and dolomitic, somewhat crinoidal; and minor shale. Thin green shale (Maury) at base. Average thickness about 200 feet” (U.S. Department of the Interior, 2016b). Negotiating the steeper slopes was quite difficult due to this loose cherty rock.

SOILS

According to the Soil Survey of Benton County, Tennessee (U.S. Department of Agriculture, 2014b), the soils on the Property are of the Lax-Sugargrove-Sengtown-Hawthorn unit. This is true of most of the soils on the west bank of Kentucky Lake in Benton County, excepting the river courses. It is made up of strongly acidic cherty limestone and siltstone and its residuum, none of which is prime agricultural land.

LAND USE INFORMATION

Forestry and hunting, including planting of feed plots, are the historical uses of the Property. Access to the Property is permitted only by permission of the land owner at this time.

ANTHROPOGENIC FEATURES

There are few permanent structures existing on the Property. One small (c. 12 x 15’) concrete pad with a metal shed was found alongside Grape Vine Road at the southern boundary. The Property has few temporary structures on it, such as the deer stand in photo #10. The Property is accessed through a network of gated dirt roads and OHV trails that follow the ridgelines and the southern boundary. There are no public utilities on the Property.

26

FLORA AND FAUNA REPORTS

TN NATURAL HERITAGE DATABASE REPORT ON LISTED SPECIES

Within 3 miles of the Property

Common Fed. Type Scientific Name Global Rank St. Rank St. Prot. Habitat Name Prot. Areas close to large bodies of Vertebrate Haliaeetus water; roosts in sheltered Bald Eagle G5 S3 D Animal leucocephalus sites in winter; communal roost sites common.

Usually near water in river Western floodplains, swamps, Vertebrate Sistrurus miliarius Pygmy G5 S2S3 T marshes, and wet prairies; Animal streckeri Rattlesnake occas drier wooded uplands; W half of Tenn., generally. Slow moving, deep water of Alligator rivers, sloughs, oxbows, Vertebrate Macrochelys Snapping G3G4 S2S3 D swamps, and lakes; middle Animal temminckii Turtle and west Tennessee; obscure.

Just over 5 miles from the Property

Common Fed. Type Scientific Name Global Rank St. Rank St. Prot. Habitat Name Prot. Sand- and gravel-bottomed pools of headwaters, creeks, Vertebrate Etheostoma Firebelly G2G3 S2 D and small rivers; upper Animal pyrrhogaster Darter Coastal Plain in Obion River watershed; west Tennessee.

27

In Benton County

Wet Global State Fed. State Habitat Category Scientific Name Common Name Rank Rank Status Status Habitat Flag Generally a large river species, preferring sand- gravel or rocky substrates with mod-strong currents; Tennessee & Cumberland river Mollusc Lampsilis abrupta Pink Mucket G2 S2 LE E systems. Aquatic Large rivers in gravel and sand bars; Tennessee & Cumberland river watersheds; Mollusc Obovaria retusa Ring Pink G1 S1 LE,XN E many historic locations currently inundated. Aquatic Large rivers in sand-gravel-cobble substrates in riffles and shoals in deep flowing water; Mollusc Plethobasus cooperianus Orangefoot Pimpleback G1 S1 LE, XN E Cumberland & Tennessee river systems. Aquatic Rare, Not State Heron Rookery Heron rookery Heron Rookery GNR SNR -- Listed No Data No Data Carex reniformis Reniform Sedge G4? S1 -- S Rich Bottomland Woods Possible Flowering Plant Eryngium integrifolium Blue-flower Coyote-thistle G5 S1 -- T Wet Barrens Possible Flowering Plant Fuirena squarrosa Hairy Umbrella-sedge G4G5 S1 -- S Stream And Lake Margins Possible Flowering Plant Lysimachia fraseri Fraser's Loosestrife G3 S2 -- E Dry Open Woods Possible Flowering Plant Phlox pilosa ssp. ozarkana Ozark Downy Phlox G5T4? S1S2 -- S Rocky, Dry Open Woods Upland S2B,S3 Bird Egretta caerulea Little Blue Heron G5 N -- D Bodies of calm shallow water; colonial nester. Possible Areas close to large bodies of water; roosts in sheltered sites in winter; communal roost Bird Haliaeetus leucocephalus Bald Eagle G5 S3 -- D sites common. Aquatic Sand- and gravel-bottomed pools of headwaters, creeks, and small rivers; upper Coastal Plain in Obion River watershed; west Fish Etheostoma pyrrhogaster Firebelly Darter G2G3 S2 -- D Tennessee. Aquatic Small-large rivers with moderate gradient in shoal areas with moderate-swift currents; Fish Percina phoxocephala Slenderhead Darter G5 S3 -- D portions of Tenn & Cumb river watersheds. Aquatic Cave obligate year-round; frequents forested Mammal Myotis grisescens Gray Myotis G3 S2 LE E areas; migratory. Upland Various habitats including wet meadows, Mammal Sorex longirostris Southeastern Shrew G5 S4 -- D damp woods, and uplands; statewide. Possible No Open grassy fields; often abundant in thick Mammal Zapus hudsonius Meadow Jumping Mouse G5 S4 Status D vegetation near water bodies; statewide. Possible Slow moving, deep water of rivers, sloughs, oxbows, swamps, and lakes; middle and west Reptile Macrochelys temminckii Alligator Snapping Turtle G3G4 S2S3 -- D Tennessee; obscure. Aquatic Well-drained sandy soils in pine/pine-oak woods; dry mountain ridges; E portions of Reptile Pituophis melanoleucus melanoleucus Northern Pinesnake G4T4 S3 -- T west TN, E to lower elev of the Appalachians. Upland Humid wooded areas with abundant leaf litter and loose rocks; vicinity of springs, swamps, Reptile Plestiodon anthracinus Coal Skink G5 S1 -- D and bogs; spotty distribution. Possible Usually near water in river floodplains, swamps, marshes, and wet prairies; occas drier wooded uplands; W half of Tenn., Reptile Sistrurus miliarius streckeri Western Pygmy Rattlesnake G5T5 S2S3 -- T generally. Possible

28

OBSERVED SPECIES LIST during site visit 8-22-2016 (plants after Weakley, A.S., 2015)

Plants Species Common Name Acer rubrum Red Maple Agalinis tenuifolia Slender False Foxglove Ailanthus altissima Tree-of-Heaven Alnus serrulata Smooth Alder Alopecurus carolinianus Foxtail Grass Ambrosia artemisiifolia Annual Ragweed Ambrosia trifida Great Ragweed Amelanchier arborea Common Serviceberry Andropogon virginicus Broomsedge Bluestem Aralia spinosa Devil's Walkingstick Asimina triloba Common Pawpaw Asplenium platyneuron Ebony Spleenwort Athyrium asplenoides Southern Lady Bidens sp. Beggar-ticks Boehmeria cylindrica False Nettle Callicarpa americana Beautyberry Campis radicans Trumpet-creeper Carpinus caroliniana Ironwood (American Hornbeam) Carya glabra Pignut Hickory Carya illinoinensis Pecan Cercis canadensis Redbud Chamaecrista fasciculata Partridge Pea Chamaecrista nictitans var. nictitans Southern Sensative Plant Cirsium discolor Field Thistle Cirsium vulgare Bull Thistle Clematis virginiana Devil's Darning Needles Commelina communis Common Dayflower Coreopsis major Whorled Coreopsis Cyperus sp. Nutsedge Desmodium rotundifolium Roundleaf Tick-trefoil Dichanthelium sp. Panic Grass Diodella teres Poorjoe Dioscorea villosa Wild Yam Diospyros virginiana Persimmon Elephantopus tomentosus Common Elephant's-foot Erigeron annuus Annual Fleabane Eupatorium capillifollium Common Dog-fennel Eupatorium hyssopifolium Hyssopleaf Eupatorium 29

Genus Species Common Name Eupatorium rotundifolium Round-leaved Thoroughwort Euphorbia corollata Eastern Flowering Spurge Euphorbia nutans Eyebane Eurybia hemispherica Southern Prairie Aster Euthamia graminifolia Flat-top Goldentop Eutrochium fistulosum Joe Pye Weed Fagopyrum esculentum Buckwheat Fraxinus americana White Ash Fraxinus pennsylvanica Green Ash Galactia volubilis Downy Milk Pea Glechoma hederacea Gill-over-the-ground Gratiola neglecta Clammy Hedge Hyssop Helenium flexuosum Southern Sneezeweed Helianthus decapetalus Forest Sunflower Helianthus microcephalus Small-headed Sunflower Hieracium gronovii Beaked Hawkweed Impatiens sp. Impatiens Ipomoea pandurata Wild Sweet Potato Juncus effusus Soft Rush Juniperus virginiana Red Cedar Lactuca floridana Woodland Lettuce Lespedeza procumbens Downy Trailing Lespedeza Lespedeza virginica Lespedeza Ligustrum sinense Chinese Privet Liquidambar styraciflua Sweet Gum Liriodendron tulipifera Tulip Poplar Liverwort sp. Liverwort Lorinseria areolata Netted Chain Fern Luzula echinata Spreading Woodrush Lysimachia quadrifolia Whorled Yellow Loosestrife Maianthemum racemosum False Solomon's Seal Microstegium vimineum Japanese Stilt Grass Muscadinia rotundifolia Muscadine Nyssa sylvatica Black Gum Oenothera biennis Evening Primrose Ostrya virginiana Hop Hornbeam Oxydendrum arboreum Sourwood Packera anonyma Small's Ragwort Parthenium integrifolium Wild Quinine

30

Genus Species Common Name Parthenocissus quinquefolia Virginia Creeper Paspalum sp. Grass Passiflora incarnata Passionflower Passiflora lutea Eastern Yellow Passionflower Perilla frutescens Beefsteak-plant Persicaria punctata Dotted Smartweed Persicaria sagittata Arrowleaf Tearthumb Persicaria virginiana Jumpseed Phegopteris hexagonoptera Broad Beech Fern Phytolacca americana Common Pokeweed Pilea pumila Canadian Clearweed Pinus taeda Loblolly Pine Pinus virginiana Virginia Pine Plantago aristata Large-bracted Plantain Plantago virginica Virginia Plantain Platanus occidentalis Sycamore Polystichum acrostichoides Christmas Fern Polytrichum commune Haircap Moss Prunus serotina Black Cherry Pseudognaphalium obtusifolium Fragrant Rabbit Tobacco Pteridium latiusculum var. pseudocaudatum Southern Bracken Pycnanthemum sp. Mountain Mint Quercus alba White Oak Quercus coccinea Scarlet Oak Quercus falcata Southern Red Oak Quercus marilandica Blackjack Oak Quercus montana Chestnut Oak Quercus rubra Northern Red Oak Quercus stellata Post Oak Quercus velutina Black Oak Rhexia virginica Virginia Meadow-beauty Rhus copallinum Winged Sumac Rhus glabra Smooth Sumac Robinia pseudoacacia Black Locust Rubus argutus Southern Blackberry Rudbeckia triloba var. triloba Brownhead Coneflower Rudbeckia fulgida var. fulgida Orange Coneflower Rudbeckia hirta Black-eyed Susan Rumex crispus Curly Dock Saccharum sp. Plume Grass

31

Genus Species Common Name Sagittaria sp. Arrowhead Sambucus canadensis Common Elderberry Sanicula sp. Snakeroot Sassafras albidum Sassafras Scirpus cyperinus Woolgrass Bulrush Scutellaria sp. Skullcap Smilax rotundifolia Common Greenbrier Solidago altissima Tall Goldenrod Solidago arguta Forest Goldenrod Solidago erecta Erect Goldenrod Solidago gigantea Giant Goldenrod Solidago nemoralis Gray-stem Goldenrod Solidago odora Sweet Goldenrod Solidago rugosa var. aspera Rough-leaved Goldenrod Strophostyles umbellata Pink Fuzzy Bean Styrax grandifolius Bigleaf Snowbell Tephrosia virginiana Virginia Goat's-rue Thelypteris noveboracensis New York Fern Toxicodendron radicans Poison Ivy Ulmus alata Winged Elm Ulmus americana American Elm Ulmus rubra Red Elm Vaccinium arboreum Farkleberry Vaccinium pallidum Lowbush Blueberry Verbena urticifolia White Vervain Verbesina virginica var. virginica Common Frostweed Viola sp. Violet Vitis aestivalis Summer Grape

32

Birds Wild Turkey Meleagris gallopavo Red-shouldered Hawk Buteo lineatus Yellow-billed Cuckoo Coccyzus americanus White-eyed Vireo Vireo griseus Blue Jay Cyanocitta cristata American Crow Corvus brachyrhynchos Powdered Dancer Argia moesta Carolina Chickadee Poecile carolinensis Slaty Skimmer incesta Tufted Titmouse Baeolophus bicolor Wandering Glider Pantala flavescens Carolina Wren Thryothorus ludovicianus Spot-winged Glider Pantala hymenaea Brown Thrasher Toxostoma rufum Common Whitetail Plathemis lydia Northern Cardinal Cardinalis cardinalis Black Saddlebags Tramea lacerata American Goldfinch Carduelis tristis Sparrow sp. Other Invertebrates Butterflies Bumblebees Northern Cloudywing Thorybes pylades Grasshoppers Horace's Duskywing Erynnis horatius Craneflies Tawny-edged Skipper Polites themistocles Spiders Zabulon Skipper Poanes zabulon Cicadas (Neotibicen tibicen tibicen) Eastern Tiger Swallowtail Papilio glaucus Spicebush Swallowtail Papilio troilus Giant Swallowtail Papilio cresphontes Mammals Cloudless Sulphur Phoebis sennae Coyote Little Yellow Pyrisitia lisa Gray Squirrel Sleepy Orange Abaeis nicippe White-tailed Deer Eastern Tailed-Blue Cupido comyntas Summer Azure Celastrina neglecta Variegated Fritillary Euptoieta claudia Astyanax Red-spotted Purple Limentis arthemis astyanax Hackberry Emperor Asterocampa celtis Pearl Crescent Phyciodes tharos Common Buckeye Junonia coenia Carolina Satyr Hermeuptychia sosybius

33

Degree of Habitat Preference by Terrestrial GCN species For the Southern Interior Low Plateau Dry-Mesic Oak Forest From the TN SWAP, Appendix D (TWRA, 2015b)

SPECIES PREFERENCE Amphibians Ambystoma texanum (Smallmouth Salamander) Preferred Bats Myotis grisescens (Gray Bat) WNS Suitable Myotis leibii (Eastern Small-footed Bat) WNS Suitable Myotis lucifugus (Little Brown Bat) WNS Preferred

Myotis septentrionalis (Northern Myotis) WNS Suitable

Myotis sodalis (Indiana Bat) WNS Suitable

Perimyotis subflavus (Tri-colored Bat) Preferred

Birds

Helmitheros vermivorum (Worm-eating Warbler) Preferred Plants Baptisia bracteata var. leucophaea (Cream Wild-indigo) Preferred Castanea dentata (American Chestnut) Preferred

34

ARCHAEOLOGICAL REPORT

TN DIVISION of ARCHAEOLOGY LETTER ON ARCHAEOLOGY DATABASE

35

PHOTOGRAPHS OF CURRENT SITE CONDITIONS PHOTO POINT MAPS

36

Close-up of Western Section

37

Close-up of Northeast Section

38

Close-up of Grapevine Road Area on Southern Boundary

39

KEY TO PHOTOGRAPHS

Photo# File Name Title Subject Descrip Latitude Longitude Time Date Elev Photo Dir 1 IMG_3699.JPG Harmon North, LLC Gate at Grape Vine Road THowe N 36° 08' 32.23" W 87° 59' 49.63" 7:25:29 AM 8/22/2016 433 ft 231° SW 2 IMG_3700.JPG Harmon North, LLC View of Grape Vine Road THowe N 36° 08' 32.16" W 87° 59' 49.62" 7:25:38 AM 8/22/2016 450 ft 110° ESE 3 IMG_3701.JPG Harmon North, LLC Clearing Along Grape Vine Rd THowe N 36° 08' 40.83" W 87° 59' 27.79" 7:45:26 AM 8/22/2016 472 ft 235° SW 4 IMG_3702.JPG Harmon North, LLC Boundary at Grape Vine Road THowe N 36° 08' 39.90" W 87° 59' 28.28" 7:45:58 AM 8/22/2016 435 ft 239° WSW 5 IMG_3703.JPG Harmon North, LLC Small Wooded Wetland THowe N 36° 08' 29.04" W 88° 00' 03.63" 7:54:37 AM 8/22/2016 464 ft 337° NNW 6 IMG_3704.JPG Harmon North, LLC Interior Road THowe N 36° 08' 27.88" W 88° 00' 28.10" 8:04:11 AM 8/22/2016 458 ft 306° NW 7 IMG_3705.JPG Harmon North, LLC Interior Road THowe N 36° 08' 29.81" W 88° 00' 31.67" 8:14:56 AM 8/22/2016 477 ft 353° N 8 IMG_3706.JPG Harmon North, LLC Hardwood Forest at Boundary THowe N 36° 08' 28.89" W 88° 00' 41.72" 8:19:32 AM 8/22/2016 552 ft 239° WSW 9 IMG_3707.JPG Harmon North, LLC Road in Previously Cut Highlands THowe N 36° 08' 41.51" W 88° 00' 35.51" 8:27:35 AM 8/22/2016 763 ft 348° NNW 10 IMG_3708.JPG Harmon North, LLC Temporary Wildlife Blind THowe N 36° 08' 51.56" W 88° 00' 45.13" 8:32:16 AM 8/22/2016 573 ft 281° W 11 IMG_3709.JPG Harmon North, LLC Open Area Opposite Blind THowe N 36° 08' 51.08" W 88° 00' 46.36" 8:38:16 AM 8/22/2016 618 ft 191° SSW 12 IMG_3710.JPG Harmon North, LLC Interior Highland Road Intersection THowe N 36° 08' 40.79" W 88° 01' 05.84" 8:49:38 AM 8/22/2016 582 ft 131° SE 13 IMG_3711.JPG Harmon North, LLC Upland Area Replanted in Pines THowe N 36° 08' 42.88" W 88° 01' 04.65" 8:53:27 AM 8/22/2016 579 ft 11° NNE 14 IMG_3712.JPG Harmon North, LLC Small Drainage Looking North THowe N 36° 08' 45.87" W 88° 01' 01.83" 9:00:56 AM 8/22/2016 525 ft 352° N 15 IMG_3713.JPG Harmon North, LLC Small Drainage Looking South THowe N 36° 08' 45.86" W 88° 01' 01.41" 9:01:12 AM 8/22/2016 526 ft 122° ESE 16 IMG_3714.JPG Harmon North, LLC Brushy Thicket with Wetland Indicators THowe N 36° 08' 44.71" W 88° 00' 56.72" 9:16:28 AM 8/22/2016 518 ft 177° S 17 IMG_3716.JPG Harmon North, LLC Road in Replanted Pine Area THowe N 36° 08' 39.30" W 87° 59' 56.18" 9:31:46 AM 8/22/2016 630 ft 123° ESE 18 IMG_3717.JPG Harmon North, LLC Interior Road THowe N 36° 08' 39.30" W 87° 59' 56.18" 9:31:53 AM 8/22/2016 632 ft 280° W 19 IMG_3719.JPG Harmon North, LLC Old Deer Stand THowe N 36° 08' 47.25" W 88° 00' 29.00" 9:35:17 AM 8/22/2016 611 ft 184° S 20 IMG_3720.JPG Harmon North, LLC Interior Road Intersection THowe N 36° 08' 47.28" W 88° 00' 37.35" 9:36:01 AM 8/22/2016 619 ft 229° SW 21 IMG_3722.JPG Harmon North, LLC Old Loblolly Pines THowe N 36° 08' 36.45" W 87° 59' 48.60" 9:42:38 AM 8/22/2016 620 ft 56° ENE 22 IMG_3723.JPG Harmon North, LLC South-facing Steep Hardwood Slope THowe N 36° 08' 37.06" W 87° 59' 40.11" 9:50:16 AM 8/22/2016 602 ft 241° WSW 23 IMG_3725.JPG Harmon North, LLC Drainage Outflow at Southern Boundary THowe N 36° 08' 39.10" W 87° 59' 30.45" 10:14:14 AM 8/22/2016 428 ft 308° NW 24 IMG_3726.JPG Harmon North, LLC Shed and Pad at Clearing THowe N 36° 08' 41.16" W 87° 59' 27.62" 10:36:20 AM 8/22/2016 449 ft 68° ENE 25 IMG_3727.JPG Harmon North, LLC Forested Seepy Wetland THowe N 36° 08' 41.51" W 87° 59' 28.63" 10:37:36 AM 8/22/2016 449 ft 14° NNE 26 IMG_3728.JPG Harmon North, LLC Semi-open Area in Same Wetland THowe N 36° 08' 41.47" W 87° 59' 28.69" 10:37:56 AM 8/22/2016 448 ft 235° SW 27 IMG_3729.JPG Harmon North, LLC Wildlife Plot Planted in Buckwheat THowe N 36° 08' 41.88" W 87° 59' 32.22" 10:47:00 AM 8/22/2016 445 ft 315° NW 28 IMG_3730.JPG Harmon North, LLC Interior Road THowe N 36° 09' 03.16" W 87° 59' 24.95" 10:54:01 AM 8/22/2016 596 ft 324° NW 29 IMG_3731.JPG Harmon North, LLC Interior Road Intersection THowe N 36° 09' 03.14" W 87° 59' 24.90" 10:54:09 AM 8/22/2016 607 ft 70° ENE 30 IMG_3733.JPG Harmon North, LLC View from Highlands THowe N 36° 09' 08.11" W 87° 59' 28.50" 10:55:39 AM 8/22/2016 583 ft 53° NE 31 IMG_3734.JPG Harmon North, LLC Highlands Cutover Area THowe N 36° 09' 08.11" W 87° 59' 28.50" 10:55:51 AM 8/22/2016 582 ft 334° NNW 32 IMG_3735.JPG Harmon North, LLC Highland Road THowe N 36° 09' 08.41" W 87° 59' 29.05" 10:56:14 AM 8/22/2016 579 ft 319° NW 33 IMG_3737.JPG Harmon North, LLC Road Along Northern Boundary THowe N 36° 09' 29.81" W 87° 59' 43.41" 10:59:35 AM 8/22/2016 604 ft 241° WSW 34 IMG_3738.JPG Harmon North, LLC Northernmost Corner THowe N 36° 09' 31.93" W 87° 59' 38.74" 11:00:52 AM 8/22/2016 609 ft 105° ESE 35 IMG_3741.JPG Harmon North, LLC Northwestern Boundary Marker Trees THowe N 36° 09' 28.82" W 88° 00' 00.82" 11:05:41 AM 8/22/2016 602 ft 182° S 36 IMG_3742.JPG Harmon North, LLC Road Along Northern Boundary THowe N 36° 09' 29.09" W 88° 00' 00.93" 11:05:50 AM 8/22/2016 603 ft 113° ESE 37 IMG_3743.JPG Harmon North, LLC Gate into North Side of Property THowe N 36° 09' 27.64" W 87° 59' 44.65" 11:07:44 AM 8/22/2016 613 ft 172° S 38 IMG_3745.JPG Harmon North, LLC Upland Pine Plantation THowe N 36° 09' 16.06" W 87° 59' 43.88" 11:09:31 AM 8/22/2016 601 ft 227° SW 39 IMG_3746.JPG Harmon North, LLC Upland Road THowe N 36° 09' 16.25" W 87° 59' 42.83" 11:13:31 AM 8/22/2016 599 ft 15° NNE 40 IMG_3747.JPG Harmon North, LLC Upland Intersection THowe N 36° 09' 16.25" W 87° 59' 42.83" 11:13:34 AM 8/22/2016 598 ft 133° SE 41 IMG_3748.JPG Harmon North, LLC Typical Steep Gorge Dropping off Highlands THowe N 36° 09' 06.51" W 87° 59' 26.99" 11:15:56 AM 8/22/2016 576 ft 215° SW 42 IMG_3750.JPG Harmon North, LLC Highland Road THowe N 36° 09' 06.46" W 87° 59' 26.77" 11:22:44 AM 8/22/2016 595 ft 154° SSE 43 IMG_3752.JPG Harmon North, LLC Edge of Cutover Area THowe N 36° 09' 07.03" W 87° 59' 27.65" 11:27:51 AM 8/22/2016 787 ft 245° WSW 44 IMG_3753.JPG Harmon North, LLC Old Deer Stand Along Road THowe N 36° 09' 07.33" W 87° 59' 27.59" 11:27:56 AM 8/22/2016 598 ft 299° WNW 45 IMG_3754.JPG Harmon North, LLC Cutover Area Grown up in Briars THowe N 36° 09' 06.08" W 87° 59' 28.55" 11:31:56 AM 8/22/2016 577 ft 289° WNW 46 IMG_3755.JPG Harmon North, LLC Trash in Gorge THowe N 36° 09' 06.03" W 87° 59' 26.96" 11:33:37 AM 8/22/2016 732 ft 32° NNE 47 IMG_3756.JPG Harmon North, LLC View from Highland Road THowe N 36° 08' 52.97" W 87° 59' 26.49" 11:39:36 AM 8/22/2016 595 ft 200° SSW 48 IMG_3757.JPG Harmon North, LLC Edge of Woodland & Cutover Area THowe N 36° 08' 51.37" W 87° 59' 16.14" 11:46:48 AM 8/22/2016 623 ft 109° ESE 49 IMG_3759 - Copy Harmon North, LLC View from Highlands THowe N 36° 08' 50.97" W 87° 59' 16.88" 11:48:09 AM 8/22/2016 513 ft 227° SW 50 IMG_3760.JPG Harmon North, LLC Southeast Corner THowe N 36° 08' 45.54" W 87° 58' 49.25" 11:57:42 AM 8/22/2016 418 ft 325° NW 51 IMG_3763.JPG Harmon North, LLC Boundary Woods along Harmon Creek Rd THowe N 36° 09' 31.17" W 87° 59' 34.18" 12:06:53 PM 8/22/2016 615 ft 190° S 52 IMG_3764.JPG Harmon North, LLC Potential House Site @ Harmon Creek Rd THowe N 36° 09' 26.78" W 87° 59' 26.63" 12:07:37 PM 8/22/2016 619 ft 204° SSW 53 IMG_3765.JPG Harmon North, LLC Potential House Site @ Harmon Creek Rd THowe N 36° 09' 24.45" W 87° 59' 22.56" 12:08:26 PM 8/22/2016 608 ft 178° S 54 IMG_3766.JPG Harmon North, LLC Harmon Creek Road Boundary THowe N 36° 09' 16.23" W 87° 59' 12.16" 12:11:06 PM 8/22/2016 610 ft 127° SE 40

PHOTOGRAPHS

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8 /22/2016 10:45:00

10:47:00 AM

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MAPS

 Aerial Photograph with Boundaries  State Map / County Map  USGS Quadrangle Map  Watershed Map  Wetlands Map  Flood Map  Soils Map with Descriptions  Sub-surface Geology and Legend  Land Cover Map  Survey Map  House Site Survey  Conservation Management Areas Map  Anthropogenic Features Map

68

AERIAL PHOTOGRAPH WITH BOUNDARIES

69

STATE MAP / COUNTY MAP

70

USGS QUADRANGLE MAP

71

WATERSHED MAP

72

WETLANDS MAP

73

FLOOD MAP

74

SOILS MAP WITH DESCRIPTIONS

No prime agricultural soils were found on the on found Property. soils were agricultural prime No

75

SUB-SURFACE GEOLOGY AND LEGEND

76

Geological Symbol Geological Characteristics Fort Payne Formation - Bedded chert, calcareous and dolomitic, somewhat crinoidal; and minor shale. Thin green Mfp shale (Maury) at base. A verage thickness about 200 feet

77

LAND COVER MAP

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SURVEY MAP (in 2 pages)

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HOUSE SITE DRAWING

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CONSERVATION MANAGEMENT AREAS MAP

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ANTHROPOGENIC FEATURES MAP

Property Roads and Trails in Pink, Approximate Boundary in White

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DIRECTIONS TO PROPERTY WITH MAPS

Map’s Entry Coordinates are 36.15887, -87.99405, Southeast Entry at 36.146514, -87.979639

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REFERENCES

Bogan, A. & Cordeiro, J. 2012. Quadrula cylindrica. The IUCN Red List of Threatened Species 2012: e.T189689A13294141. http://dx.doi.org/10.2305/IUCN.UK.2012.RLTS.T189689A13294141.en. (accessed 9-1-16) Central Hardwoods Joint Venture, 2016, CHJV Priority Bird Species, http://www.chjv.org/prioritybirdspecies.html (accessed 9-16-16) Conservation Biology Institute, 2016a, Indicator V 1.0: Landscapes - Structural Connectivity. https://databasin.org/datasets/d0fc5db660524489a0f369e7c3d7e3f (accessed 9-9-16) Conservation Biology Institute, 2016b, Sum - Conservation Focus Areas. https://databasin.org/datasets/619bd401bd7e46fe9acb40608513b127 (accessed 11-21-16) Griffith, G., Omernik, J., Azevedo, S., 1998, Ecoregions of Tennessee, ftp://newftp.epa.gov/EPADataCommons/ORD/Ecoregions/tn/tn_front.pdf (accessed 9-9-16) KentuckyLake.com, 2016, Land Between the Lakes. http://www.kentuckylake.com/lbl.shtml (accessed 9-16-16) NatureServe, 2016a, State Wildlife Action Plans, Conservation Priority Areas, http://www.landscope.org/map/#minLong=88.05153&maxLong=87.92038&minLat=36.10319&maxLat =36.18415&level=13&baseMap=topo&themes=Custom&title=&drawingID=0&layers=84d53221b5864 f50b02329800a6bb0f3-50-1 (accessed 9-19-16)

NatureServe, 2016b, The Nature Conservancy's Priority Conservation Areas Overview, http://www.landscope.org/map_descriptions/conservation_priorities/tnc_priority_conservation_areas/18 034/ (accessed 9-19-16) NatureServe, 2016c, The Nature Conservancy's Priority Conservation Areas. http://www.landscope.org/map/#minLong=86.28313&maxLong=85.30397&minLat=35.27778&maxLat =35.91205&level=10&baseMap=topo&themes=Custom&title=&drawingID=0&layers=db29ffeb1afd4d 0492718b77b96b93c1-50-1 (accessed 9-12-16).

NatureServe, 2016d, Critical Habitat for Threatened & Endangered Species (Lines) [USFWS] map, http://www.landscope.org/map/#minLong=-85.32443&maxLong=- 84.78885&minLat=35.55808&maxLat=35.8842&level=11&baseMap=topo&themes=Custom&title=&d rawingID=0&layers=4bff24905a4d495d8ca3a939082821b5-0-1 (accessed 9-8-16) NatureServe, 2016e, Rare and Endangered Species, http://www.landscope.org/explore/plants/imperiled/ (accessed 9-8-16) NatureServe, 2016f, Protected Areas & Easements, http://www.landscope.org/map/#minLong=88.49776&maxLong=87.45956&minLat=35.76641&maxLat =36.41449&level=10&baseMap=topo&themes=Custom&title=&drawingID=0&layers=96397902695a4 1659e8da9fb9084c415-0-1!a5ce62bb501b4ad4ab06b47325063a5d-0-1 (accessed 9-8-16) NatureServe, 2016g, Housing Density, http://www.landscope.org/map/#minLong=88.02398&maxLong=-

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87.95909&minLat=36.12685&maxLat=36.16732&level=14&baseMap=topo&themes=Custom&title=& drawingID=0&layers=0a09795f440d423c8e38f7f6208a8ba240!83752167054a49f1b26982358218e07e- 30-1!7a5b40a2e0804e97a48999ea730472c4-0-1 (accessed 9-12-16) Open Space Institute, 2016. Protecting Southern Appalachian Wildlife in an Era of Climate Change, http://www.osiny.org/site/News2?page=NewsArticle&id=7633&AddInterest=1163. (accessed 9-19-16) TDEC, 2016a, OIR-GIS Services, State of Tennessee, http://tnmap.tn.gov/wpc/ (accessed 9-16-16) TDEC, 2016b, Rare Species by County, http://environment-online.state.tn.us:8080/pls/enf_reports/f?p=9014:3:0::NO (accessed 9-16-16)

The University of Tennessee Tourism Institute, 2006, One-Page County Tourism Economic Fact Sheets, http://web.utk.edu/~tourism/factsheets/Benton-FS-06.pdf (accessed 9-6-16) TWRA, 2014. Strategic Plan 2014-2020. https://www.tn.gov/assets/entities/twra/attachments/businessplan.pdf (accessed 9-16-16)

TWRA, 2015a, TN State Wildlife Action Plan, http://www.tnswap.com/swap.cfm ; (accessed 9-19-16)

TWRA, 2015b, TN State Wildlife Action Plan, Appendix D, Habitat information for GCN species: Habitat classification hierarchies, descriptions of habitat ecological systems, and GCN species habitat preferences by ecoregion. http://www.tnswap.com/pdf/Appendices.pdf (accessed 9-9-16) TWRA, 2015c, TN State Wildlife Action Plan, Appendix I, Conservation Opportunity Area summary factsheets. http://www.tnswap.com/pdf/coa.pdf (accessed 9-19-16) U.S. Department of Agriculture, 2016a, Land Between the Lakes National Recreation Area, https://www.landbetweenthelakes.us/about/overview/ (accessed 9-16-16) U.S. Department of Agriculture, 2014b, Natural Resources Conservation Service, Soil survey of Benton County, Tennessee. http://www.nrcs.usda.gov/wps/portal/nrcs/soilsurvey/soils/survey/state/ (accessed 9-15-16) U.S. Department of the Interior, 2016a, CWSAC Battle Summaries, Johnsonville. https://www.nps.gov/abpp/battles/tn032.htm (accessed 9-16-16) U.S. Department of the Interior, 2016b, U.S. Geological Survey, Fort Payne Formation. http://mrdata.usgs.gov/geology/state/sgmc-unit.php?unit=TNMfp%3B10 (accessed 9-14-16) U.S. Fish and Wildlife Service, 2016a, Bats affected by WNS, https://www.whitenosesyndrome.org/about/bats-affected-wns (accessed 9-9-16) U.S. Fish and Wildlife Service, 2016b, ECOS Environmental Conservation Online System, rabbitsfoot (Quadrula cylindrica ssp. cylindrica). https://ecos.fws.gov/ecp0/profile/speciesProfile?spcode=F03X (accessed 9-9-16) Weakley, A.S. 2015. Flora of the Southern and Mid-Atlantic States. UNC Herbarium, North Carolina Botanical Garden; http://www.herbarium.unc.edu/FloraArchives/WeakleyFlora_2015-05-29.pdf; (accessed 9-19-16)

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WWF, 2016, Central US Hardwood Forests, https://www.worldwildlife.org/ecoregions/na0404 (accessed 9-12-16) Yoest, Chuck, 2015. 2014-2015 White-tailed Deer and Elk Harvest Report, Wildlife Technical Report 15-02, Tennessee Wildlife Resources Agency, Nashville, Tennessee. https://www.tn.gov/assets/entities/twra/attachments/deerelkreport.pdf (accessed 9-19-16)

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PREPARERS’ QUALIFICATIONS AND CONTRIBUTIONS Tom Howe

Tom Howe is a lifelong naturalist especially experienced in the study of vascular plants and birds. He received a B.S. in Biology from Cornell University in 1974 and has worked for the Park Service, et al, as a biological technician and consultant. He resides in east Tennessee where he is the president of the Knoxville Chapter of the TN Ornithological Society and works as a volunteer for the Great Smoky Mountains National Park doing biological inventories. Tom joined Foothills Land Conservancy as a consultant in 2015 and on staff in 2016 preparing baseline document reports and monitoring easement properties.

Meredith Clebsch Meredith's formal education includes a BS degree in Animal Science from Clemson University with minors in Horticulture and Wildlife Biology. She also completed a number of graduate and undergraduate level courses at the University of TN in botany, ecology, horticulture and wildlife biology. For 25 years she owned and operated a successful native plant nursery, which included consultation and design services involving considerable field work in plant identification and landscapes interpretation. She has attended many field botany and ecology study classes and assisted in gathering and interpreting data for a number of projects associated with plant ecology. Much of Meredith’s recreational time is spent in outdoor recreation and pursuing nature study. She has worked for Foothills Land Conservancy since 2007, and has been Land Director since 2010, preparing and overseeing development of baseline documentation reports, drafting conservation easements, and monitoring easement properties. At present this includes approximately 200 properties in 7 states totaling nearly 100,000 acres. She has attended the Land Trust Alliance national meeting and training sessions in 2007, 2008, 2013, 2014 and also annual regional land trust meetings.

Kim Raia Kim has worked in the environmental services field since the early 1980s. She has worked with nonprofits, and federal, state, and local officials on environmental issues related to GIS and land use planning, solid waste management, water quality regulation and policy implementation, environmental training, environmental assessments, regulatory compliance, permitting, reporting, and grant writing.

Kim is a long standing board member of the Little River Watershed Association, a former National Park Service Ranger, and a former small business owner. During graduate school she taught Physical Geography in the evening school, worked on several NSF and National Geographic Society Grants assisting in field work on lake sampling, soil erosion, and geomorphic change over time.

Kim hosts several environmental web sites including a mapping service for the Little River Watershed Association, and an environmental blog for solid waste professionals in Tennessee. Kim has bachelor’s degrees in biology and geography, an M.S. degree in Geography, and is a certified GIS Professional.

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EXHIBITS

(Electronic versions saved as independent files)

A. Conservation Easement

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BDR EXHIBIT A

CONSERVATION EASEMENT

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