CONSERVATION EASEMENT BASELINE DOCUMENTATION REPORT TOSCANO HOLDINGS LLC ROANE COUNTY, TENNESSEE 21 December 2016

Prepared by J. Merrill Lynch, Lead Author

Consulting Biologist

Trade, Tennessee

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 TN 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 Deed of Conservation Easement with Property Description Conservation Values Natural Habitat Open Space Conservation Management Areas Geology Soils Land Use Information & Anthropogenic Features Flora and Fauna Reports TN Natural Heritage Database Report on Listed Species Observed Species Lists Archaeology Report TN Division of Archaeology Letter on Archaeology Database Photographs of Current Site Conditions Photo Point Map Photographs Maps  Aerial Photograph with Boundaries  State Map  County Map  USGS Quadrangle Map  Watershed Map  Wetlands Map  Flood Map

 Soils Map with Descriptions  Prime Agricultural Soils  Sub-surface Geology and Legend  Land Use Map  Sketch of Deed  House Site Drawing  Conservation Management Areas Map  Anthropogenic Features Map Directions to Property, with map References Preparers’ Qualifications and Contributions Exhibits A. Conservation Easement

PROJECT BRIEF

CONSERVATION VALUES

Size: Approximately 380 acres Location: Roane County, TN Elevation: ~740’ – 1,040’ above mean sea level Watershed: Tennessee River Relatively Natural Habitat:

 The Property is in a relatively natural condition and contains mature stands of Alleghany-Cumberland Dry Oak Forest and Woodland habitat within the EPA Level III Ridge and Valley Ecoregion.  The Tennessee Wildlife Resources Agency (TWRA) 2015 State Wildlife Action Plan (SWAP) lists several bird species listed as Greatest Conservation Need (GCN) that are known or expected to occur on the Property: bald eagle (Haliaeetus leucocephalus), American woodcock (Scolopax minor), wood thrush (Hylocichla mustelina), prairie warbler (Dendroica discolor), yellow- breasted chat (Icteria virens), and orchard oriole (Icturus spurius). The Bald Eagle was seen on the property during the site visit. Protection of the Property and its habitats will ensure these species remain as a stable, functioning part of the terrestrial resources within the region, and will further support the goals of the Tennessee SWAP.  The Property is within NatureServe’s Critical Watershed for Freshwater Species—Upper Tennessee.  According to the Tennessee Department of Environment and Conservation (TDEC), there are 71 species of rare, threatened, or endangered plants and animals recorded from Roane County including six in the vicinity of the Property. One of those species, Bald Eagle, was verified during a site visit to the Property in October 2016.  The Property contains a rare plant, large-toothed aspen (Populus grandidentata, ranked by TDEC as Tennessee Special Concern; by SWAP as a GCN species (Greatest Conservation Need); and by NatureServe as S2 (State imperiled because of rarity due to very restricted range, very few populations (20 or fewer known occurrences), steep declines, or other factors making it very vulnerable to extirpation from the state).

Open Space:

 The Property is located on a prominent peninsula that extends into the southern shoreline of Watts Bar Lake, one of the Tennessee Valley Authority lakes in the Tennessee River system. The Property contains about 1.5 miles of undeveloped, forested lakeshore plus high ridges and hills that rise 300 feet above the lake. The forested shoreline, ridges, and hills on the Property serve the public’s enjoyment of the scenic watershed around the lake.  The preservation of the Property in its relatively natural state will act as a barrier to hinder development.

PROPERTY DESCRIPTION (See Exhibit A Below)

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.

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

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.

MINUTES OF BOARD MEETING AT WHICH THE EASEMENT WAS ACCEPTED (excerpted)

Minutes of the Meeting of the Board of Directors of the Foothills Land Conservancy December 8, 2016, at the offices of FLC, 373 Ellis Ave., Maryville, TN 37804

Notice of the December 8, 2016 meeting, agenda, and the November 2016 minutes were distributed a week prior to the meeting. The financials were sent on December 7, 2016. The following members were in attendance at the December 8, 2016 meeting: Dan Barnett, Madge Cleveland, Jenny Hines, Wes James, Craig Jarvis, Mark King, David Long, Stan Malone, Billy Minser, Mike Parish, Steve Polte, John Proffitt, Susanna Sutherland and David Zandstra. Non-voting Recording Secretary, Mark Jendrek was in attendance. Not in attendance was Sara Rose 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, Tom Howe & Karen Petrey were present.

Call to Order President, Madge Cleveland, called the meeting to order at 6:06pm. Approval of the Minutes Minutes from the November 2016 Board meeting were sent out to FLC Board Members a week prior to the December 2016 meeting. Susanna Sutherland made a motion to approve the November 2016 minutes and Craig Jarvis seconded the motion. The vote for approval of the minutes was unanimous. Committee Reports Land Protection Committee Bill Clabough provided an overview of FLC’s current fee simples. There are 11 tracts from potential bequests that could be coming to Foothills. Out of these there are a few where the land owner wants FLC to hold on to the land and so Bill has asked them to provide FLC with an endowment to pay the taxes, etc. When FLC receives calls about possible land donations to the Conservancy, Bill asks about any restrictions that would be placed on the donation and also reviews the potential of the projects similarly to how a potential FLC CE is evaluated. He also looks at what type of endowment would be included with the donation of land. There is potential to move a few of the fee simple properties over to the FLC Properties Foundation in the near future. Bill Clabough also discussed an 82 acre fee simple property given to FLC last year in Newport, TN. A contractor named Ronnie Trent wants to buy 3000 yards of primarily clay dirt on the tract. Trent will come back in after extracting the dirt and clean it up,

14 sow it back down and level it up. It is both Bill and Land Protection’s recommendation to allow the purchase. Bill said that Trent comes well recommended and he would also make sure there is some type of performance bond for the project as well have an FLC representative on site part of the time. A motion was made by Billy Minser to accept the dirt extraction from the Newport fee simple property and it was seconded by Jenny Hines. The motion passed unanimously. Meredith Clebsch reviewed a PowerPoint of 5 potential fee simple donations for the Board’s final approval, if offered by the donor. These projects are: 2 Chip, CCD Sod – Carter, Champion View, English Mtn., and Rock Springs (see spreadsheet below). Clebsch also provided information about these projects for final approval via email to the Board prior to the meeting. A motion was made by Mike Parish to approve all of the fee simple properties with a second from Dan Barnett. David Long recused himself from voting. The motion passed unanimously. Meredith Clebsch reviewed a PowerPoint of 15 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: (excerpted)

Approval Project Acreage County State House sites Scenic Nat Res Open Space Agric FINAL Toscano 380 Roane TN 3 x x X X The Land Protection made the motion for final approval of the 15 potential CE projects, if offered by the donor, and it was seconded by Billy Minser. David Long recused himself from voting. The motion passed unanimously.

RECITALS from TOSCANO TRACT CONSERVATION EASEMENT (any reference to “Exhibits” in this section refers to the CE document)

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 Roan County, Tennessee Register of Deeds)

CONSERVATION VALUES The conservation values that make the Toscano Holdings LLC property unique are described below and are detailed in the recitals (the “Whereas” statements) in the Conservation Easement. All field data was gathered on a site visit made on 3 October 2016 by J. Merrill Lynch, Consulting Biologist and Meredith Clebsch, Land Director.

Natural Habitat

Conservation Context--The Toscano property lies within an ecologically important landscape. It falls within the EPA Level III Ridge and Valley ecoregion and at finer scales, the Southern Limestone/Dolomite Valleys and Low Rolling Hills Level IV Ecoregion. Portions of the ecoregion are classified as being of medium-high priority for conserving terrestrial habitat and high priority for conservation of aquatic habitat by the Tennessee Wildlife Resources Agency’s (TWRA) State Wildlife Action Plan (SWAP). As part of a Wildlife Conservation Strategy developed in the SWAP, TWRA believes it is important to protect tracts such as the Property in an effort to maintain and enhance the rich biodiversity of the area. Intact natural ecosystems are considered important and valuable resources that should be respected and protected in order to maintain their function.

An analysis by the Tennessee 2015 State Wildlife Action Plan of habitats and landscapes across the state identified specific areas where vegetation types (and their component plant and animal species) are more resilient to the effects of climate change. The Property’s location, which has more complex topography and geology along with more intact natural vegetation cover, is less likely to experience major vegetation type shifts due to climate change. The Property and the surrounding area are identified to have above average CCI (Climate Change Resilience), which suggests that future conservation acquisition of these areas should be a high priority.

Waters from the Property drain almost directly into the Watts Bar Lake, a Tennessee Valley Authority (TVA) reservoir, one of a series of reservoirs on the Tennessee River. The Tennessee River and its tributaries drain nearly the entire Ridge and Valley Ecoregion. The Tennessee River has been identified by NatureServe as a Critical Watershed for Freshwater Species. It is one of the highest-ranked freshwater regions for fish, mussel, and crayfish species biodiversity; furthermore, the Tennessee Freshwater Ecoregion contains the highest number of endemic aquatic species in North America. Adding conservation protections to the Toscano property furthers regional and international goals of maintaining landscape continuity in this ecologically important region which greatly enhances the habitat value of the Property as well as properties around it.

TN Natural Heritage Program Database – TN Department of Environment & Conservation - The Natural Heritage Inventory Program maintains a Geographic Information Systems (GIS) database which contains information on the distribution and ecology of rare plants, animals, and ecological communities across Tennessee. The Natural Heritage database was queried for records on the property. Rare species and natural communities occurring near the property have potential to occur on the property itself, can be used for targets during field surveys, and may benefit from the protection of the property. Thus, the database was also queried for rare species and natural communities within 5 miles of the property boundary, and within the USGS 7.5 minute quad for the area.

 No records for rare species occur on the property  Records for 6 rare species and a Heron Rookery occur within 5 miles of the property  Records for 6 rare species occur within the Rockwood 7.5” USGS quad in which the property is located

See Flora and Fauna Reports (below) table of Natural Heritage Database results

Onsite Biological Inventories--The topography of the Property consists of rolling hills that range from about 740’ above sea level along the shoreline of Watts Bar Lake to around 900-1,040’ on the hilltops and along the ridge that runs along the southern boundary. The dominant vegetation type along the higher and steeper hills and ridges is classified as the Alleghany-Cumberland Dry Oak Forest and Woodland habitat. This forest in many areas is relatively undisturbed and in a mature condition with many trees in the range of 18-24 inches diameter breast height (DBH). Dominant canopy trees include white oak (Quercus alba), rock chestnut oak (Q. montana), scarlet oak (Q. coccinea), mockernut hickory (Carya tomentosa), and pignut hickory (C. glabra). In steeper ravines where more mesic conditions prevail, such as along ephemeral streams draining the ridgeline along the southern boundary, other trees such as American beech (Fagus grandifolia), sweetgum (Liquidambar styraciflua) and tulip poplar (Liriodendron tulipifera) also occur. Generally, the understory of the dry oak forest community is relatively sparse in both the shrub and ground cover layers. Some shrubs/subcanopy trees noted include sassafras (Sassafras albidum), sourwood (Oxydendron arboretum), flowering dogwood (Cornus florida), mountain laurel (Kalmia latifolia), sparkleberry (Vaccinium arboreum), and red cedar (Juniperus virginiana). Scattered across much of the area are patches of Virginia pine (Pinus virginiana). Ground cover herbs and vines include species such as poison ivy (Rhus radicans), wild grape (Vitis sp.), various grasses (family Poaceae), Japanese honeysuckle (Lonicera japonica), Christmas fern (Polystichum acrostichoides), and others.

The Property contains a rare plant species, large-toothed aspen (Populus grandidentata), ranked by the Tennessee Department of Environment and Conservation as Tennessee Special Concern; by the 2015 Tennessee SWAP as a GCN species (Greatest Conservation Need); and by NatureServe as S2 (state imperiled—imperiled in

22 the state because of rarity due to very restricted range, very few populations, steep declines, or other factors making it very vulnerable to extirpation in the state). A single specimen of this tree was located along the crest of the ridge along the eastern boundary in an area dominated by the Alleghany-Cumberland Dry Oak Forest and Woodland habitat.

Lowland forest areas near the lakeshore and along the ephemeral streams consist of mesophytic tree species, including abundant sweetgum (Liquidambar styraciflua) as well as red maple (Acer rubrum), American sycamore (Platanus occidentalis), blackgum (Nyssa sylvatica), willow oak (Quercus phellos), and scattered Virginia pine. These areas also contain a higher prevalence of invasive exotic plants such as Japanese stilt grass (Microstegium vimineum), Japanese honeysuckle, and multiflora rose (Rosa multiflora).

The interior portion of the Property (approx. 125 acres) is in an early successional, “oldfield” stage. This area appears to have been open cultivated land at one time but is now in the process of regenerating back to forest. The area is generally flat to gently sloping and is located at lower elevations of the Property, approximately 750-820 feet above sea level. This area consists of very dense vegetation typical of oldfield successional habitats: various saplings of local trees such as sweetgum, persimmon (Diospyros virginiana), black locust (Robinia pseudoacacia), loblolly and Virginia pines (Pinus taeda and P. virginiana), red cedar, various oaks (Quercus spp), and various hickories (Carya spp) mixed with an abundance of forbs, grasses, and shrubs. Blackberries (Rubus spp) are very common along with forbs such as goldenrods (Solidago spp), lespedeza (Lespedeza spp), asters (Symphyotrichum spp), and many others. The vegetation in the oldfield areas is generally fairly low in stature, i.e., about 3-6 feet in height, although thickets in some areas, particularly along ephemeral streams and bottoms, can be higher, in the 10-15 feet range.

Invasive exotic plant species were noted to be minimal to moderate across the Property and were primarily associated with the disturbed roads, clearings, and bottomlands. Their presence is mainly in the early successional areas described above and along various internal access roads where disturbance is more recent and the edge effect occurs, where plants begin to move into forests from source populations alongside roadways. Trees such as princesstree (Paulownia tomentosa) and tree-of-heaven (Ailanthus altissima) are present, as are shrubs such as multiflora rose (Rosa multiflora), Chinese privet (Ligustrum sinense) and Japanese honeysuckle vines (Lonicera japonica).

In addition to the early successional areas described above, there is also an approx. 15- acre planted loblolly pine plantation located in the southwestern section of the property. This stand is estimated to be about 15-20 years old (pre-harvest condition) and the trees about 30-40 feet tall. As is typical of many pine plantations, the trees are densely planted and there is very little undergrowth.

The dominant upland oak forest on the Property, noted above, is typical of the region and provides excellent year-round foraging opportunities for most wildlife native to the region. The early successional area also provides abundant cover and forage for a number of wildlife species. The combination of hard mast from the mature stands of oak and hickory and abundant soft mast from the vegetation in the oldfield areas support many native game and non-game wildlife species. Evidence of wildlife on the Property during the site visit was plentiful with deer, turkey, and raccoon tracks being most evident. Tracks and droppings of deer were especially evident.

The Property provides suitable habitat for a number of bird species listed in the 2015 Tennessee State Wildlife Action Plan (SWAP) as GCN (Greatest Conservation Need): Bald Eagle, American Woodcock, Wood Thrush, Prairie Warbler, Yellow-breasted Chat, and Orchard Oriole. The site visit to the Property was too late in the season to record breeding birds but several noteworthy observations were made during the October 2016 visit: a total of 47 species were recorded including both Bald Eagle and Osprey which were observed flying over the property and several Great Blue Herons which were observed feeding along the shoreline. The proximity of the Property to Watts Bar Lake also provides important feeding, resting, and roosting habitat for birds such as Osprey, Bald Eagle, and Great Blue Heron. Watts Bar Lake has one of the largest nesting concentrations of Ospreys in the Tennessee Valley with over 130 active nests reported (Watts Bar Lake Management Plan, Tennessee Valley Authority). Protection of the Property by permanent conservation easement will help insure the protection of a diversity of birds that use the variety of habitats—mature oak forest, early successional oldfield habitat, and lake shoreline during all seasons of the year.

See Flora and Fauna Reports for a complete observed species list.

Open Space

The Property lies on a prominent peninsula that extends into the southern shoreline of Watts Bar Reservoir (Lake). The Property contains about 1.5 miles of undeveloped forested shoreline frontage on the reservoir. The prominent hills and ridges on the Property rise about 300 feet above the lake surface and are clearly visible to boaters and other recreational users of Watts Bar Reservoir. These ridges and hills form a natural forested backdrop that is visible for miles from anyone visiting this portion of the reservoir by boat.

Watts Bar Reservoir is one of nine Tennessee Valley Authority (TVA)-managed lakes along the Tennessee River. Completed in 1942, Watts Bar Lake has 722 miles of shoreline, contains over 39,000 acres of surface area, and extends for 72 miles along the Tennessee River. Recreational sites on the lake include marinas, campgrounds, boat ramps, and others. The lake is popular for boating, fishing, camping and other outdoor activities.

The reservoir receives an estimated 1.9 million recreation user days per year. Approximately 313,000 of these gained access to the reservoir through public use areas, 702,000 through private residential areas, and 874,000 through commercial use areas. There are 67 developed recreation areas on Watts Bar Reservoir. Twenty-six are commercial recreation areas (e.g., marinas and campgrounds), and 37 are public recreation areas (e.g., boat ramps, picnic areas, beaches, and trails). In addition, there are four quasi-public recreation areas such as summer camps. There are over 50 paved boat ramps on the reservoir, 3,600 permitted docks, and marina facilities with about 1,500 boat docking slips (with an additional 200 plus out-of-water storage slips).

The Property borders a popular summer camp, Camp John Knox, along the northern boundary. Camp John Knox offers summer camp programs for children and youth groups and also operates the River Ridge Environmental Education Program offering hands on environmental programs for a variety of grade levels.

In addition to the lake itself, TVA manages about 16,220 acres of land around Watts Bar Lake. These lands are available for informal recreation, free from modern facilities. Popular activities on these lands include hunting, hiking, birdwatching, camping and other informal pursuits.

These undeveloped lands include one of the largest islands in the lake, Thief Neck Island, located less than one mile north of the Property. Thief Neck Island is approximately 400 acres and is listed as a Watchable Wildlife site on the Tennessee Wildlife Viewing Trail. Bald eagles regularly roost at various sites along the reservoir during winter months. One of the largest of these roosts is found at Thief Neck Island. In spring and summer, Ospreys are common nesting birds across the lake. As many as 130 active osprey nests have been recorded on Watts Bar Reservoir, which is the highest concentration of nests along the entire nine-reservoir Tennessee Valley system. Ospreys can easily be seen during the summer months at Thief Neck Island. Both Bald Eagles and Ospreys were seen flying over the Property during the site visit in October 2016. Great Blue Heron, Black-crowned Night-Heron, and Great Egret also nest on islands in the lake. Other wildlife such as white-tailed deer, raccoon, muskrat, gray fox, and coyote are common around the lake. During the site visit, numerous tracks of white- tailed deer were seen, several flocks of wild turkeys were observed, and tracks of other wildlife—cottontail rabbits, gray squirrels, raccoons, and gray fox—were plentiful.

The Property has a diversity of habitats ranging from mature oak-hickory forests with abundant mast to early successional fields that contain abundant cover and soft mast. Also, the lake and its shoreline provide feeding grounds for many species of shorebirds and wading birds. This diversity of habitats in a relatively remote, undisturbed setting provides quality wildlife habitat for a corresponding diversity of wildlife species. The quality of the habitat on the Property is also important not only for resident species but also for many migrants, particularly birds that use the Tennessee River valley as a migration corridor during the fall and spring months. As an example, of the 47 species of birds observed on the Property during the single-day site visit in October 2016, at

25 least 12 of those species were neotropical migrants using the Property as a stopover during fall migration.

The protection of the Property from development and maintaining it in a relatively natural, open space condition will have a significant benefit to the general public that uses Watts Bar Reservoir and its associated recreational lands such as Thief Neck Island. In addition to approximately 1.5 miles of lake frontage, the Property has a number of high hills and ridges that rise prominently above the lake and form a visually attractive, natural forested backdrop that contributes significantly to the scenic values of Watts Bar Reservoir.

CONSERVATION MANAGEMENT AREAS

For the best protection of the resources, two Conservation Management Areas have been designated (see maps section). Across all management areas, the restrictions set out in the Conservation Easement apply in order to maintain conservation values. Also, the right to improve conservation value, if approved by the land trust, is also provided. Conservation Management Area B covers an approximately 300-foot buffer bordering the shoreline of Watts Bar Reservoir; protection of the Property’s shoreline is highly important for wading birds and other species that use this habitat, and excluding development within a distance of the lake will also ensure that excessive sedimentation into or alteration of the channel will never occur on the Property. It also will insure the natural scenic value of the lakeshore for open space will be protected. In addition to the general restrictions, these locations are to have no commercial timber harvest or agricultural activities, and no new roads, skid paths, sedimentation impacts, or structures. Conservation Management Area A covers the rest of the Property including the early successional "oldfield" areas and the mature stands of oak forest occur (see maps section). Forestry management may be conducted, following an approved Forest Management Plan, all appropriate Best Management Practices, and with notice to and approval by the land trust. The conservation easement will protect the conservation values of the Property by protecting in perpetuity the current undeveloped, forested condition of the Property. The easement will allow for up to three 1-acre homesites, to be located at sites as determined by the Grantee, to minimize any disturbance to the ecological integrity of the Property and will also be subject to a Forest Management Plan, approved by the Grantee, that will also protect the Property from incompatible forestry practices. The exact location of the homesites will also be determined on the ground to guarantee that the scenic open space qualities of the Property are maintained in perpetuity.

GEOLOGY According to the USGS Mineral Resources Program, the Property is primarily underlain by rocks in the following formations: Rockwood Formation - Brown to maroon shale, thin gray siltstone and sandstone, and thin lenticular layers of oolitic and fossiliferous red hematite, thickness 200 to 800 feet. This formation is associated with the uplands near the northern boundary of the Property near Watts Bar Lake. Rome Formation - Variegated (red, green, yellow) shale and siltstone with beds of gray, fine-grained sandstone. Maximum exposed thickness 1,500 feet. This formation is associated with the prominent ridge that runs NE to SW near the southern boundary of the Property. Knox Group - Siliceous dolomite and magnesian limestone sequence, thickness 2,500 to 3,000 feet. This formation is associated with the low interior area in the central portion of the Property, generally running in a NE-SW direction. Sequatchie Formation - Maroon and gray shaly limestone, mottled greenish; with interbeds of calcareous, olive to maroon shale and siltstone, average thickness about 200 feet. This formation is limited to a very small area along the northwestern property boundary adjacent to Watts Bar Lake. SOILS The following soil types are found on the Property: Montevallo channery silt loam, 5-12 percent slopes: This is a loamy silt loam weathered from acid shale. It is found in the Ridge and Valley ecoregion and is associated with ridges. The slope range is 5-12% and the depth to the parent bedrock is approximately 10-20 inches. It is well-drained. On the Property this soil is located in relatively flat areas, mostly in the lower interior sections.

Montevallo channery silt loam, 12-20 percent slopes: This is a loamy silt loam weathered from acidic shale. It occurs in the Ridge and Valley ecoregion and is associated with ridges. The slope range is 12-20% and the depth to the parent bedrock is approximately 10-20 inches. It is well-drained. On the Property this soil is associated with moderately steep side slopes along ridges and hills.

Montevallo channery silt loam, 20-35 percent slopes: This is a loamy silt loam weathered from acidic shale. It is found in the Ridge and Valley ecoregion and is associated with steep slopes on ridges. The slope range is 20-35% and the depth to the parent bedrock is approximately 10-20 inches. It is well-drained. On the Property this soil is associated with the steep side slopes of the ridges and hills.

Townley silt loam, 12-20 percent slopes.This is a clayey residuum weathered from shale. It is found in the Ridge and Valley ecoregion and is associated ridges. The slope range is 12-20% and the depth to the parent bedrock is 20-40 inches. It is well-drained.

On the Property this soil is located in narrow bands along the crest of the highest ridges and hills in the northern and southern areas.

LAND USE INFORMATION & ANTHROPOGENIC FEATURES Hunting, forestry, and small scale agriculture are the classic historical uses of the Property. The Property is mostly forested. About 125 acres located on lower elevations in the central interior of the tract are abandoned farm and pasture land that is now in early succession in what is often referred to as "oldfield" land. This area is now vegetated by a dense mix of forbs, grasses, and saplings that if left unattended will eventually revert back to forest. In the southwestern section of the Property there is also a stand of planted loblolly pines, about 15 acres in extent and estimated to be about 15- 20 years old. The stand has not been thinned and is composed of very dense loblolly pine trees approximately 30-40 feet tall. Several small wooden hunting stands were noted on the Property indicating that the tract is used for hunting, mainly for white- tailed deer. Portions of the lower slopes and areas near the lake are forested but these areas have younger timber and shows signs of more recent disturbance, probably selective logging within the past 30 years. Other forested areas on higher elevations along ridges in the northern and southern portions of the tract contain mature forest that doesn’t appear to have been logged in 50+ years. Access to the Property is permitted only by permission of the land owner at this time. The Property has a well maintained system of graded and graveled roads that provide access to the western property boundary adjoining Watts Bar Lake and also to the southwestern section where the loblolly pine plantation is located. There are many ORV trails that branch off the road system and provide access to other parts of the property, including the long ridge along the southern and eastern boundary and the ridge along the northern property line. A very small portion of the Property borders a public paved road, West Rockwood Ferry Road, but there is no road access to the main portion of the tract from this frontage. The main access to the Property is a well maintained, private gravel road that runs about 0.2 mile to the Property boundary off West Rockwood Ferry Road. This gravel road also provides access to several homes located near the lake and adjoining the Property. The survey plat indicates a road r-o-w. There are no known structures or old homesites located on the Property (although see next paragraph). The Tennessee Division of Archaeology identified one site on the property. It is listed as a historic, non-Indian site and lies along the lakeshore in the northwestern boundary of the Property. According to the Division, the site was identified back in 1995 and consists of old bricks, glass, and other debris indicating an old homesite in the area. The material was found along the lakeshore and some or all of it was inundated at the time of the site visit.

FLORA AND FAUNA REPORTS

TN NATURAL HERITAGE DATABASE REPORT ON LISTED SPECIES

Rare Species within 5 miles SCIENTIFIC COMMON GLOBAL STATE FED STATE TYPE NAME NAME RANK RANK PROTECTION PROTECTION Other Heron rookery Heron Rookery GNR SNR -- Rare, Not State (Ecological) Listed Vascular Aureolaria patula Spreading False- G3 S3 -- S Plant foxglove Vascular Liatris cylindracea Slender Blazing- G5 S2 -- T Plant star Vascular Schisandra glabra Red Starvine G3 S2 -- T Plant Vascular Symphyotrichum Barrens Silky Aster G4? S1 -- E Plant pratense Vertebrate Erimonax monachus Spotfin Chub G2 S2 LT,XN, PXN T Animal Vertebrate Haliaeetus Bald Eagle G5 S3 -- D Animal leucocephalus

Rare Species within the Rockwood 7.5’ USGS Quad

Type Category Scientific Name Common Global State Rank Fed. Status State Status Name Rank Other Heron Heron rookery Heron Rookery GNR SNR -- Rare, Not (Ecological) Rookery State Listed Vascular Fern and Asplenium Hart's-tongue G4T3 S1 LT E Plant Fern Ally scolopendrium var. Fern americanum Vascular Flowering Schisandra glabra Red Starvine G3 S2 -- T Plant Plant Vertebrate Bird Haliaeetus Bald Eagle G5 S3 -- D Animal leucocephalus Vertebrate Fish Erimonax Spotfin Chub G2 S2 LT,XN, T Animal monachus PXN Vertebrate Reptile Ophisaurus Eastern Slender G5T5 S3 -- D Animal attenuatus Glass Lizard longicaudus

OBSERVED SPECIES LIST Species Observed by Merrill Lynch

Habit Genus Species Common Name bird Ardea herodias great blue heron bird Baeolophus bicolor tufted titmouse bird Branta canadensis Canada goose bird Buteo jamaicensis red-tailed hawk bird Buteo lineatus red-shouldered hawk bird Cardinalis cardinalis northern cardinal bird Carduelis tristis American goldfinch bird Cathartes aura turkey vulture bird Catharus ustulatus Swainson's thrush bird Ceryle alcyon belted kingfisher bird Chaetura pelagica chimney swift bird Colaptes auratus northern flicker bird Contopus virens eastern wood-pewee bird Corvus brachyrhynchos American crow bird Cyanocitta cristata blue jay bird Dendroica caerulescens black-throated blue warbler bird Dendroica castanea bay-breasted warbler bird Dendroica fusca blackburnian warbler bird Dendroica magnolia magnolia warbler bird Dendroica palmarum palm warbler bird Dendroica pinus pine warbler bird Dryocopus pileatus pileated woodpecker bird Dumetella carolinensis gray catbird bird Geothlypis trichas common yellowthroat bird Haliaeetus leucocephalus bald eagle bird Melanerpes carolinus red-bellied woodpecker bird Meleagris gallopavo wild turkey bird Mimus polyglottos northern mockingbird bird Mniotilta varia black-and-white warbler bird Pandion haliaetus osprey bird Parula americana northern parula bird Phalacrocorax auritus double-crested cormorant bird Pheucticus ludovicianus rose-breasted grosbeak bird Picoides pubescens downy woodpecker bird Piranga olivacea scarlet tanager bird Poecile carolinensis Carolina chickadee bird Sayornis phoebe eastern phoebe bird Sialia sialis Eastern bluebird bird Sitta canadensis red-breasted nuthatch bird Sitta carolinensis white-breasted nuthatch bird Spizella pusilla field sparrow bird Tachycineta bicolor tree swallow bird Thryothorus ludovicianus Carolina wren bird Toxostoma rufum brown thrasher bird Vireo griseus white-eyed vireo bird Wilsonia citrina hooded warbler bird Zenaida macroura mourning dove fern Adiantum pedatum maidenhair fern fern Asplenium platyneuron ebony spleenwort fern Botrychium sp. grape fern fern Lycopodium sp. running cedar fern Polystichum acrostichoides Christmas fern fern Thelypteris hexagonoptera broad leaved beech fern graminoid Luzula acuminata hairy woodrush graminoid Microstegium vimineum Japanese stilt grass herb Agalinis sp. agalinis herb Anisostichus capreolata crossvine

30 herb Dioscorea villosa wild yam herb Eupatorium perfoliatum perfoliate leaved eupatorium herb Galax urceolata galax herb Goodyera pubescens downy rattlesnake-plantain herb Hexastylis sp. wild ginger herb Lespedeza sp. lespedeza herb Lobelia sp. lobelia herb Mitchella repens partridgeberry herb Parthenocissus quinquefolia Virginia creeper herb Passiflora lutea passion flower herb Rhus radicans poison ivy herb Rubus sp. blackberry herb Smilax sp. greenbriar herb Solidaga sp. goldenrod herb Symphyotrichum spp. aster herb Verbesina sp. herb Vinca minor periwinkle insect Everes comyntas eastern tailed-blue insect Junonia coenia common buckeye insect Limenitis arthemis red-spotted purple insect Phoebis sennae cloudless sulphur mammal Didelphis virginiana Virginia opossum mammal Marmota monax woodchuck mammal Mephitus mephitus striped skunk mammal Odocoileus virginianus white-tailed deer mammal Procyon lotor northern raccoon mammal Sciurus carolinensis eastern gray squirrel mammal Sylvilagus floridanus eastern cottontail mammal Tamias striatus eastern chipmunk shrub Alnus serrulata tag alder shrub Amelanchier sp. serviceberry shrub Aralia spinosa devils walking-stick shrub Cercis canadensis redbud shrub Cornus florida flowering dogwood shrub Hamamelis virginiana witch hazel shrub Kalmia latifolia mountain laurel shrub Ligustrum sinense privet shrub Lindera benzoin spicebush shrub Lonicera japonica Japanese honeysuckle shrub Rhododendron sp. wild azalea shrub Rhus sp. sumac shrub Rosa multiflora multiflora rose shrub Sassafras albidum sassafras shrub Vaccinium arboreum sparkleberry shrub Vitis sp. grape tree Acer negundo boxelder tree Acer rubrum red maple tree Ailanthus altissima tree-of-heaven tree Albizia julibrissin silktree tree Betula nigra river birch tree Carpinus caroliniana ironwood tree Carya cordiformis bitternut hickory tree Carya glabra pignut hickory tree Carya ovata shagbark hickory tree Carya tomentosa mockernut hickory tree Diospyros virginiana persimmon tree Fagus grandifolia American beech tree Fraxinus americana white ash tree Ilex opaca American holly tree Juniperus virginiana red cedar tree Liquidambar styraciflua sweetgum tree Liriodendron tulipifera tulip poplar tree Maclura pomifera osage-orange

31 tree Morus rubra red mulberry tree Nyssa sylvatica blackgum tree Ostrya virginiana hophornbeam tree Oxydendron arboreum sourwood tree Paulownia tomentosa princess tree tree Pinus echinata shortleaf pine tree Pinus taeda loblolly pine tree Pinus virginiana Virginia pine tree Platanus occidentalis sycamore tree Populus grandidentata bigtooth aspen tree Prunus serotina black cherry tree Quercus alba white oak tree Quercus coccinea scarlet oak tree Quercus falcata southern red oak tree Quercus montana rock chestnut oak tree Quercus phellos willow oak tree Quercus shumardii Shumard's oak tree Quercus stellata post oak tree Quercus velutina black oak tree Robinia pseudoacacia black locust tree Salix nigra black willow tree Tsuga canadensis Eastern hemlock tree Ulmus alata winged elm tree Ulmus americana American elm

ARCHAEOLOGICAL REPORT

TN DIVISION OF ARCHAEOLOGY LETTER ON ARCHAEOLOGY DATABASE

The Tennessee Division of Archaeology identified one historical site on the property. It is listed as a historic, non-Indian site and lies along the lakeshore in the northwestern boundary of the Property. According to the Division, the site was identified back in 1995 and consists of old bricks, glass, and other debris indicating an old homesite in the area. The material was found along the lakeshore and some or all of it was inundated at the time of the site visit. See report below.

PHOTOGRAPHS OF CURRENT SITE CONDITIONS

PHOTO POINT MAP

PHOTOGRAPHS

MAPS

 Aerial Photograph with Boundaries  State Map  County Map  USGS Quadrangle Map  Watershed Map  Wetlands Map  Flood Map  Soils Map with Descriptions  Prime Agricultural Soils  Sub-surface Geology and Legend  Land Use Map  Sketch of Deed  House Site Drawing  Conservation Management Areas Map  Anthropogenic Features Map

AERIAL PHOTOGRAPH WITH BOUNDARIES

STATE MAP

COUNTY MAP

USGS QUADRANGLE MAP

WATERSHED MAP

WETLANDS MAP

FLOOD MAP

SOILS MAP WITH DESCRIPTIONS

PRIME AGRICULTURAL SOILS

SUB-SURFACE GEOLOGY AND LEGEND

LAND USE MAP

SKETCH OF DEED

HOUSE SITE DRAWING

House site 1: N35° 46.220' W84° 39.132'

Housesite 2: N35° 46.370' W84° 39.162'

Housesite 3: N35° 46.371' W84° 39.669'

CONSERVATION MANAGEMENT AREAS MAP

ANTHROPOGENIC FEATURES MAP

DIRECTIONS TO PROPERTY

Coordinate for entrance: 35.772868, -84.650434

REFERENCES

1. Tennessee Comprehensive Wildlife Conservation Strategy 2015, TWRA; TN State Wildlife Action Plan http://www.tnswap.com/swap.cfm ; (11-6-15)

2. Tennessee Wildlife Resources Agency, The Nature Conservancy Link to license: http://creativecommons.org/licenses/by/3.0/legalcode. Map is unchanged from source. 11-20-15

3. The Nature Conservancy http://www.nature.org/ourinitiatives/regions/northamerica/unitedstates/tennessee /explore/cumberland-plateau.xml (11-6-15)

4. World Wildlife Fund http://www.worldwildlife.org/ecoregions/na0402; http://www.worldwildlife.org/ecoregions/na0404; (11-6-15)

5. Open Space Institute; http://www.osiny.org/site/News2?page=NewsArticle&id=7633&AddInterest=1 163 (11-6-15)

6. Cumberland Plateau Heritage Corridor Feasibility Study; http://tnleaf.org/wp-content/uploads/2012/02/Cumberland-Plateau-Case- Study.pdf (11-6-15)

7. TN 2020 http://www.tn.gov/environment/recreation/recreation_tennessee-2020- plan.shtml; (11-6-15)

8. TN Wildlife Federation Report: DEVELOPMENT, LAND-USE POLICY, AND THE FUTURE OF AGRICULTURE, FORESTRY AND HUNTING IN THE SOUTHEAST CUMBERLAND PLATEAU http://www.tnwf.org/issues-impact/special-reports (11-20-15)

9. The Nature Conservancy; http://www.nature.org/ourinitiatives/regions/northamerica/unitedstates/tennessee /explore/tennessee-cumberland-plateau-deal.xml, (11-23-15)

10. Tennessee Department of Agriculture, Tennessee Forests Action Plan http://www.tn.gov/agriculture/topic/ag-forests-action-plan (11-6-15)

11. USDA Website, Soils; http://www.nrcs.usda.gov/wps/portal/nrcs/detailfull/pr/soils/?cid=nrcs141p2_03 7285 (11-6-15)

General References

University of TN Herbarium Website: http://tenn.bio.utk.edu/ ; (11-6-15)

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; (11-6-15)

TN Department of Natural Heritage http://environment-online.tn.gov:8080/pls/enf_reports/f?p=9014:3:1529721436870::::: (11-6-15)

TN Rivers Assessment Reports http://www.tn.gov/environment/watershed; (11-6-15)

USGS website: http://tin.er.usgs.gov/geology/state; (11-6-15)

NatureServe http://explorer.natureserve.org/; (11-6-15)

University of TN Herbarium Website: http://tenn.bio.utk.edu/ (11-6-15)

TN Rivers Assessment Reports http://www.tn.gov/environment/watershed (11-6-15)

Citation for data on website including State Distribution and Watershed maps: NatureServe. 2015. NatureServe Explorer: An online encyclopedia of life [web application]. Version 7.1. NatureServe, Arlington, Virginia. Available http://explorer.natureserve.org. (Accessed: November 19, 2015 ).

PREPARER QUALIFICATIONS AND CONTRIBUTIONS

J. Merrill Lynch

Contribution: Merrill made the site visit to the Property and compiled the information in the document. Qualifications: Merrill's formal education includes a BS degree in Conservation from North Carolina State University. He also completed a number of graduate courses at the University of North Carolina—Chapel Hill in botany and ecology. He worked as a biologist at the N.C. Natural Heritage Program from 1978- 1982. From 1984-1989 he was regional ecologist in the Southeast Regional Office of The Nature Conservancy in Chapel Hill, NC. From 1989-2012 he was Assistant Director for Protection for the North Carolina Chapter of The Nature Conservancy, based primarily in Durham, NC. Since 1989, Merrill has been a consulting biologist involved in biological surveys for various land trusts, private conservation landowners, and federal natural resource agencies across the southeastern United States. In his spare time, Merrill enjoys spending as much time as possible in the outdoors and traveling with his family.

Meredith Clebsch

Contribution: Meredith provided oversight of document development and contributed to the observed species lists as noted* Qualifications: 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 preparing baseline documentation reports, drafting conservation easements, and monitoring easement properties. She attended the Land Trust Alliance national meeting and training sessions in 2007, 2008, 2013 and also annual regional land trust meetings.

Raymond D Boswell, GISP

Education: Bachelor of Arts with a major in Environmental Studies and a minor in Geography from The University of Tennessee, Knoxville in 1995.

Professional Employment: Work Experience: Blount County GIS Group, GIS Manager (July 2005 to Present): Managed all aspects of the development of an enterprise GIS GeoDatabase for the cities of Alcoa & Maryville and Blount county government.

Produced map exhibits for public hearings; Assisted public with information requests City of Franklin, TN - Sr. GIS Specialist (April 2002 to July 2005): Managed all aspects of the development of the City’s GIS GeoDatabase for the Franklin Water Management Department.

Produced map exhibits for public hearings; Assisted public with information requests

County of Sonoma, CA – GIS Tech II (February 2000 to April 2002): Lead technician on GIS Base Map project which included the development of a seamless parcel polygon layer and QA/QC of orthophotography; Created ortho-rectified parcel base for City of Cotati, CA.

Trained Environmental Health Department staff on the use of their Trimble ProXRS GPS receiver. Supervised the collection of positional and attribute information for known leaking underground storage tanks throughout the County.

Produced map exhibits for public hearings; Assisted public with information requests

Santa Rosa Junior College – Adjunct Professor (January 2002 to March 2002): Created curriculum and taught the fundamentals of GPS technology, and its roles with GIS and Natural Resource Management.

Miller Legg & Associates – Environmental Specialist (October 1998 to June 1999): Performed field work and report writing associated with obtaining appropriate permits from Federal, State, and Local permitting agencies for land development projects.

Monitored wetland mitigation sites to verify that those areas were within permit compliance. Responsible for the preparation of quarterly monitoring reports for Federal, State, and Local permitting agencies.

Performed field work, office research, and report preparation associated with Phase 1 environmental site assessments.

Onsite Environmental Staffing – GIS Technician (August 1998 to September 1998): Temporary contract for Steven Bernstein & Associates (SBA) of Boca Raton, FL. Used MapInfo to create individual site maps for nationwide network of cellular tower locations.

CADDUM, Inc – Stereo Compiler (October 1996 to February 1998): Responsible for the photogrammetric compilation of planimetric features for municipalities and utility companies. Created Digital Terrain Models at scales of 1” = 50’ and 1” = 100’ by compiling mass points and breaklines from aerial photography.

CADDUM, Inc – GPS Technician (January 1996 to October 1996): Used Trimble ProXL GPS receiver to collect positional and attribute information for utility companies throughout Tennessee and Alabama.

Work in Land Preservation: Foothills Land Conservancy (2007 – Present) – contract work preparing map exhibits for Conservation Easement baseline documentation and developing a GIS to support the goals of the organization.

BDR EXHIBITS

(Electronic versions saved as independent files)

A. Conservation Easement

BDR EXHIBIT A

CONSERVATION EASEMENT