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Latta Conservation Easement Draft #3 (March 12, 2007) <br />Any other cutting, removal or harvesting of trees, including any commercial harvesting • <br />of trees, may be undertaken only if a) the purpose is for clearing land for cultivation or use by <br />livestock, and b) it occurs outside of the stream buffer described in Paragraph 4 of this <br />Conservation Easement, and c) it is in accordance with the Conservation Plan and forest <br />management plan referred to in this Paragraph 10. <br />Trees may be planted, harvested and removed within the areas identified and marked as <br />"Farmstead Area" and "Existing Residential Envelopes" on Exhibit B without the advance <br />written permission of the Grantee, so long as done in accordance with the Conservation Plan and <br />forest management plan referred to in this Paragraph 10. <br />I1. Mining <br />There shall be no filling, excavation, dredging, mining or drilling, removal of topsoil, <br />sand, gravel, rock, peat, minerals or other materials; and no change in the topography of the land <br />in any manner except as necessary for the purpose of combating erosion or flooding in <br />accordance with the Conservation Plan and as reasonably necessary for any permitted <br />maintenance, construction or reconstruction on the Property. Disturbed areas for the purpose of <br />removing soil, gravel, rock, peat, minerals or other materials necessary for permitted customary <br />agricultural uses on the Property will be limited to one acre in total surface area and will be <br />restored as soon as practicable after the disturbance. Under no circumstances is the drilling for or <br />exploration for hydrocarbons permitted in, on or to the Property. . <br />12. Paving and Road Construction <br />Construction and maintenance of farm roads that may be reasonably necessary and <br />incidental to carrying out the improvements and uses permitted on the Property by this <br />Conservation Easement are permitted. No portion of the Property shall be paved or otherwise <br />covered with concrete, asphalt, rock, gravel or any other impervious material, without the <br />advance written permission of Grantee. Grantee shall not give such permission unless Grantee <br />determines that the proposed paving, or covering of the soil, or the location of any such road, <br />will not diminish or impair the conservation values of the Property. Any such road covered by <br />any impervious material including rock or gravel is subject to impervious surface requirements <br />in Paragraph 7. <br />13. Dumping and Trash <br />Dumping or storage of soil, trash, refuse, debris, ashes, garbage, waste, abandoned <br />vehicles or parts, appliances, machinery, or hazardous substances, or toxic or hazardous waste, <br />or any placement of underground or above ground storage tanks or other materials is prohibited. <br />Provided, however, that the storage of agricultural products, byproducts (including the <br />composting of biodegradable material for on-farm use) and agricultural equipment used on the <br />Property is allowable, so long as such storage is done in accordance with all applicable <br />government laws and regulations and in such a manner so as to not impair the conservation <br />values of the Property. . <br />Page 9 of 18 <br />