Orange County NC Website
~~~~ ~~~~~~ <br />, <br />2) Ensut~ing the active farm ogerations are in complia~cc vvtith the <br />Conservatiun Plan ~or tMe Property. <br />3) Investi~ating potential violations of this Dced of Canservatian Easement, <br />informing NRCS or successor sgency of any via~ations, taking approprinte enforcement action, <br />and providing an annual manitoring report to NRCS or successor ~gency, including any follo~r- <br />up or actions needed to maintain complianc~ with the terms and conditioas of this Conscrvation <br />F~sement Deed. 'Ifie Grantee must resolve violations within sixty (60) days of their discQVery in <br />~ccordance with 7 CFR Section 1491.30. Failure to eure the violation may rosult in enforccment <br />of the terms and conditians of this Deed of Conservation F,asement by the United Ststes. <br />(e) Conservatian Plan - Grantee shall ensure that farm operations are in comptia~tce <br />with the Conservation Plan for the Property. <br />(~} Inves[igation - Grantee shall investigate any suspected violations of this <br />Conserv~tion Easement, and inform NRCS and the NCDACS (or the relevant successor <br />agencies) of any such violations. <br />(~ Reporting - Grantee sh~ll provide an ann~l monitorin~ report to NRCS and the <br />NCDACS which shall set forth any necess~ry actians needed to maintain compliance with the <br />terms of this Conservatian Easemcnt. Enforcernent of the terms of this Conservatia~ Easement <br />sh~ll be in accvrdac~ce with Paragraph 1~(Enforecment). <br />(h) Imperviaus Surfaces - Impervious surfaces are permanent, nor~-seasan~l rooftops, <br />concrete, and asphalt surfaces. Impervious surf~:es incl~ie residential buildi~gs, agricu~twal <br />buildings (with and without flooring), and ~vod areas both within and outside t~e Propcrty's <br />building envelope(s), Impervious setrfaces may not exceed the two percent (2%) of the total <br />acrcage of the Property. <br />18. Enforcement <br />The Grantee sh~ll have the primary responsibility for enforceme~t of ~e tenns of this <br />Conserv~tion Eas~ment, subject to the rights of the NCDACS and the Unitcd States. With <br />ceasonable advance notice to the Gr~ntor or with the Grantor's prior verbal consent, Crrantee shall <br />have the right to enter the Property for the purpose of in~pecting for compliance with the terms of <br />this Conservation Easernent. Grantee shall have the right to prevent viol~tions and nmody <br />violations of the terms of this Conservation Easement through judici~l actian, which shall <br />include, without limitation, the right to bring proceedings in law or in equity ~gainst ~ny party or <br />parties attempting to vio}ate the tcrms of this Consorvstion ~sement. Except when an ongoing <br />or imminent violation could irneversibly diminish or impair the Conservation Values of the <br />Property, Grantee shall give the Grantor written notice of the violation and thirty (30) d~ys to <br />cure the violation, before commcneing any legal proceedings. Grantee m~y obtain an inJunction <br />to stop a violation or a threatened viol~tion, temporarily or permanently. The parEica agree that a <br />court may i~sue an injunct~an or order requiring the C#rantar to restore the Property to its <br />condition prior to the violation, as restoration of the property may bo the o~rzly appropriate <br />P~e 13 of 22 <br />