Orange County NC Website
10. Forest Management <br />Trees may be removed, cut and otherwise managed to control insects and disease, to <br />prevent personal injury and property damage, to remove non-native species, for pasture <br />restoration, for firewood and other non-commercial uses, including construction of permitted <br />improvements and fences on the Property. Any other cutting, removal or harvesting of trees <br />may be undertaken within the areas identified and marked at "Forest Area" on Exhibit B only <br />if a) the purpose is for clearing land for cultivation or use by livestock, and b) it occurs outside <br />of a 100-foot buffer from both sides of Cotton Run, which runs through the property and is <br />identified on Exhibit B, and c) it is in accordance with either the Conservation Plan referenced <br />in Paragraph 9 herein or a forest management plan that is consistent with the above-referenced <br />Conservation Plan and prepared by a professional forester approved by Grantee, such approval <br />to not be unreasonably withheld. <br />Trees may be planted, harvested and removed within the area identified and marked as <br />"Farmstead Area" on Exhibit B without the advance written permission of the Grantee. <br />11. 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 <br />land in any manner except as necessary for the purpose of combating erosion or flooding and <br />as reasonably necessary for any permitted maintenance, construction or reconstruction on the <br />Property. Disturbed areas for the purpose of removing soil, gravel, rock, peat, minerals or <br />other materials will be limited to 1 acre in total surface area and will be restored as soon as <br />practicable after the disturbance. Under no circumstances is the drilling for or exploration for <br />hydrocarbons permitted in, on or to the Property. <br />12. Paving and Road Constructiorc_ - ~-:: : _-_ _,~ <br />Construction and maintenance of unpaved farm roads that may be reasonably necessary <br />and incidental to carrying out the improvements and uses permitted on the Property by this <br />Easement are permitted. Other .than the existing entrance driveways within the Farmstead <br />Area, as indicated on Exhibit B, no portion of the Property shall be paved or otherwise <br />covered with concrete, asphalt, or any other impervious paving material, without the advance <br />written permission of the Grantee. The Grantee. shall not give such permission unless the <br />Grantee determines that the proposed paving, or covering of the soil, or the location of any <br />such road, will not substantially diminish or impair the conservation values of the Property. <br />Any such road construction is subject to impervious surface requirements 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 <br />waste, or any placement of underground or above ground storage tanks or other materials is <br />Page 8 of 20 <br />