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Agenda - 01-24-2012 - 8a
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Agenda - 01-24-2012 - 8a
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Last modified
11/11/2015 2:27:24 PM
Creation date
1/20/2012 2:36:15 PM
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BOCC
Date
1/24/2012
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
8a
Document Relationships
Minutes 01-24-2012
(Linked From)
Path:
\Board of County Commissioners\Minutes - Approved\2010's\2012
ORD-2012-002 Budget Amendment #5-C - Conservation Easement Dennis & Linda Brooks
(Linked From)
Path:
\Board of County Commissioners\Ordinances\Ordinance 2010-2019\2012
RES-2012-009 Resolution of Approval of Agricultural Conservation Easement between Orange County and the Eno River Association and Dennis and Linda Brooks
(Linked From)
Path:
\Board of County Commissioners\Resolutions\2010-2019\2012
S Waranty Deed of Agricultural & Watershed Protection Conservation Easement Dennis & Linda Brooks
(Linked From)
Path:
\Board of County Commissioners\Various Documents\2010 - 2019\2012\Easements
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Brooks Farm - Conservation Easement Draft #2 BOCC 16 <br />10. Forest Management <br />Everywhere on the Property, trees may be removed, cut and otherwise managed to control <br />insects and disease, to prevent personal injury and property damage, to remove non - native <br />species, and for construction of permitted improvements and fences on the Property, so long as <br />done in accordance with the provisions of this Conservation Easement and the Conservation Plan <br />referenced in Paragraph 9 of this Conservation Easement, and in accordance with a Forest <br />Stewardship Plan prepared by a professional licensed forester, and approved by Grantee, which <br />approval shall not be unreasonably withheld. Copies of the Conservation Plan shall be kept on <br />file in the office of the local Soil and Water Conservation District and Grantor and shall be <br />provided to the Grantee. [Make sure this is consistent with the CREP conservation easement] <br />Any other cutting, removal or harvesting of trees, including for pasture restoration, <br />firewood, and other non - commercial uses, and for any commercial harvesting of trees, may be <br />undertaken only if it occurs outside of the "Riparian Corridor" described in Paragraph 4 of this <br />Conservation Easement and it is in accordance with the Conservation Plan and Forest <br />Stewardship Plan referred to in this Paragraph 10. <br />Trees may be planted, harvested and removed within the area identified and marked as <br />"Farmstead Area" on Exhibit A and in each of the two (2) two -acre future "Residential <br />Envelopes" once their locations have been designated, all without the advance written permission <br />of the Grantee, so long as done in accordance with the Conservation Plan and Forest Stewardship <br />Plan referred to in this Paragraph 10. [Add Forest Stdshp Plan may be updated] <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 land <br />in any manner except as necessary for the purpose of normal and customary farming operations <br />in accordance with the Conservation Plan or combating erosion or flooding in accordance with <br />the Conservation Plan and as reasonably necessary for any maintenance, construction or <br />reconstruction on the Property permitted herein. Disturbed areas for the purpose of removing <br />soil, gravel, rock, peat, minerals or other materials necessary for permitted customary agricultural <br />uses on the Property will be limited to one acre in total surface area and will be restored as soon <br />as practicable after the disturbance. Under no circumstances is the drilling for or exploration for <br />hydrocarbons permitted in, under, on or to the Property. <br />12. 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. With the exception of roads within the areas identified as <br />"Farmstead Area" on Exhibit A, no roads constructed on 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 />Page 10 of 20 <br />
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