2009-076 ERCD - Orange Co and Preservation of the Eno River regarding Utilization of Former Water Supply Well

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i~iiutiuinn B. Public Use and Access. Grantor reserves the right to allow public access and use of the Easement Area for the purpose of creating open space with associated recreational activities, including, without limitation, conducting educational tours, scientific study, animaUplant observation, walking, biking, fishing, and any other purposes consistent with these accepted uses and maintaining conservation values. To accomplish the above uses, the Grantor may construct and maintain paved or unpaved greenway trails, two (2) observation/viewing platforms, two (2) Pedestrian Foot bridges, landscaping screening, and a gated entrance, which are provided by this Conservation Easement. All improvements shall be subject to the terms and conditions set forth herein and by the aforementioned Grant Agreement and Fund approved amendments. C. Hiking or Greenway Trails. Grantor reserves the right to construct and maintain paved or unpaved greenway trails on the Easement Area. All trails must be located at a minimum distance of fifteen (15) feet from the top of the bank and tributaries of the West and East Forks of the Eno River, unless such locations are physically impracticable. In the construction of such trails and when required by the terrain, boardwalks, ramps and handrails are permitted herein. If required, all trails and associated improvements may comply with the rules and regulations of the Americans with Disabilities Act of 1990, Title III regulations, ADA Standards for Accessible Design, 28 CFR Part 36, revised July 1994 and amendments thereto ("ADA") and with the American Association of State Highway and Transportation Officials ("AASHTO"). The Grantor may also construct and maintain park benches, litter receptacles, and traiUfeature signs along the greenway trails. All necessary care shall be taken to complete the construction of such features in a manner so as not to cause or allow sedimentation of the East and West Forks of the Eno River either during or after construction. D. ObservationlViewing Platform. Grantor reserves the right to construct, maintain, and repair two (2} observation/viewing platforms constructed of composite building materials on the Easement Area with optional bench seating, handrails, connecting steps and ramp as required by the terrain to be located on the bank of the East and West Forks of the Eno River as allowed and approved by the North Carolina Division of Water Quality, provided such platforms are connected to the greenway trails constructed on the Easement Area. Construction of such platforms must comply with ADA. All necessary care shall be taken to complete the construction of such features in a manner so as not to cause or allow sedimentation of the West and East Forks of the Eno River either during or after construction. E. Early Successional Habitat Areas. The Parties agree and acknowledge that the Grantor reserves the right to establish and maintain existing areas located along the East and West Forks of the Env River in early successional habitat for the purpose of providing habitat diversity for wildlife species and may include the planting of various grasses, forbs, and herbaceous vegetation. F. .Natural Community Restoration. The Parties hereto agree and acknowledge that the Grantor reserves the right to perform all activities necessary to restore the natural plant and animal communities on the Easement Area. All necessary care shall be taken to complete the construction of such features in a manner so as not to cause or allow sedimentation either during or after construction.