Orange County NC Website
<br />In the event of noncompliance with the conservation plan, NRCS shall work with the Grantor to <br />explore methods of compliance and give the Grantor a reasonable amount of time, not to exceed twelve <br />months, to take corrective action. If the Grantor does not comply with the conservation plan, NRCS <br />will inform Grantee of the Grantor's noncompliance. The Grantee shall take all reasonable steps <br />(including efforts at securing voluntary compliance and, if necessary, appropriate legal action) to secure <br />compliance with the conservation plan following written notification from NRCS that (a) there is a <br />substantial, ongoing event or circumstance ofnon-compliance with the conservation plan, (b) NRCS <br />has worked with the Grantor to correct such noncompliance, and (c) Grantor has exhausted its appeal <br />rights under applicable NRCS regulations. <br />If the NRCS standards and specifications for highly erodible land are revised after the date of this <br />Grant based on an Act of Congress, NRCS will work cooperatively with the Grantor to develop and <br />implement a revised conservation plan. The provisions of this section apply to the highly erodible land <br />conservation requirements of the Farm and Ranch Lands Protection Program and are not intended to <br />affect any other natural resources conservation requirements to which the Grantor may be or become <br />subject. <br />5. where parcels are being enrolled in FRPP based on historical and archaeological <br />resources, a paragraph identifying standards and guidelines for treatment and <br />maintenance of these resources is required within the deed. These guidelines should <br />be based on the Secretary of Interior's Standards and Guidelines for Historic <br />Preservation. Orange County will ensure that title restriction to protect any historical <br />and archaeological structure(s) is appended to the deed and included in any <br />succeeding transfers; and <br />6. include the following "Contingent Right in the United States of America" provision <br />where title is held by Orange County: <br />"In the event that Orange County fails to enforce any of the temps of this easement [or <br />other interests in land], as detemuned in the sole discretion of the Secretary of the United <br />States Department of Agriculture, the said Secretary of Agriculture and his or her <br />successors and assigns shall have the right to enforce the terms of the easement through <br />any and all authorities available under Federal or State law. In the event that Orange <br />County attempts to terrninate, transfer, or otherwise divest itself of any rights, title, or <br />interests of this easement [or other interests in land] or extinguish the conservation <br />easement without the prior consent of the Secretary of the United States Department of <br />Agriculture and payment of consideration to the United States, -then, at the option of such <br />Secretary, all right, title, and interest in this easement [or other interests in land] shall <br />become vested in the UNITED STATES OF AMERICA." <br />7. include provisions regarding the amount of impervious surfaces permitted on the <br />Property, in accordance with the Conservation Programs Manual, Part 519. <br />8. include signature of a responsible MRCS official on the Conservation deed, accepting <br />the United States' property interest in the deed. <br />B. Unless otherwise agreed to by the Parties, Orange County shall hold title to any conservation <br />easement. However, title maybe held by the United States at the request of the Secretary of <br />Agriculture, upon mutual agreement of the Parties, or when the United States exercises its <br />contingent right. <br />