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9 <br />Covey Creek Conservation Easement (Underwood) Draft 6/3/09 BOCC <br />2.3 Existin~provements. Grantor shall have the right to maintain, remodel, <br />and repair existing fences, utilities, and other improvements, and in the event of their destruction, <br />to reconstruct any such existing improvements with another of similar size, function, capacity, <br />location and material so long as authorized by Orange County zoning regulations and consistent <br />with permits required by and issued by Orange County under its laws and ordinances for such <br />reconstruction. <br />2.4 Agricultural, Grazing and Horticultural Use. 'There shall be no agricultural, <br />grazing, or horticultural uses in any portion of the Easement Area except to allow the following uses <br />within, and only within, the "Residential Envelope" identified on Exhibit C to this Conservation <br />Easement: a) the raising of poultry, and b) horticultural uses. <br />2.5 Timber Harvesting and Forest Man ement. Commercial timbering of <br />trees within the Easement Area is prohibited. Everywhere on the Property except for the azea <br />identified and mazked as "Residential Envelop" on Exhibit C of this Conservation Easement, <br />trees may be removed, cut and otherwise managed to control insects and disease, to prevent <br />personal injury and property damage, to remove non-native species, or to salvage wind-thrown <br />timber, including construction of permitted improvements and fences on the Property. Such <br />management activities must be pursuant to a written Forest Management Plan prepared by a <br />North Cazolina registered forester, the selection of whom is mutually agreed upon by Grantor <br />and Grantee and which management activities must be agreed to in advance by Grantee and <br />Grantor. Within the area identified and marked as "Residential Envelope" on Exhibit C of this <br />Conservation Easement, trees may be harvested and removed without the advance written <br />permission of the Grantee. <br />2.6 Recreational Use. Consistent with the purpose of and the limitations <br />contained in this Conservation Easement, Grantor shall have the right to engage in and permit <br />others, whether or-not for consideration, to engage in recreational uses of the Easement Area, <br />including, but not limited to, hiking, picnicking, and other recreational uses that require no <br />buildings, facilities, surface alteration or other development of the land. Hunting is prohibited <br />except as authorized in Section 2.13 of this Conservation Easement. Grantor reserves the right to <br />promulgate and enforce reasonable rules and regulations for all activities incident to recreational <br />use of the Easement Area, including but not limited to the right to prohibit any recreational use <br />that would permit destruction of other significant conservation values of the Easement Area. <br />2.7 Excavation. There shall be no filling, excavation, dredging, mining or <br />drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other materials; and no <br />change in the topography of the land in any manner except as necessary to allow a) the <br />construction of the improvements permitted herein, b) the maintenance of hiking trails permitted <br />herein, c) the combating of erosion or flooding, and d) to enhance the plant and animal <br />ecosystems native to the locality. <br />Page6of16 <br />