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S Waranty Deed of Agricultural & Watershed Protection Conservation Easement Dennis & Linda Brooks
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S Waranty Deed of Agricultural & Watershed Protection Conservation Easement Dennis & Linda Brooks
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Last modified
11/11/2015 2:50:41 PM
Creation date
4/10/2012 2:16:19 PM
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BOCC
Date
1/24/2012
Meeting Type
Regular Meeting
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Others
Agenda Item
A
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Agenda - 01-24-2012 - 8a
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\Board of County Commissioners\BOCC Agendas\2010's\2012\Agenda - 01-24-2012 - Regular Mtg.
RES-2012-009 Resolution of Approval of Agricultural Conservation Easement between Orange County and the Eno River Association and Dennis and Linda Brooks
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\Board of County Commissioners\Resolutions\2010-2019\2012
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~~~U~i~~~~~11~01~~~11~~~~i~~~~~~~--f~u~-~~-~~ <br />R85339 52 1~f24 <br />any additional tracts existing at that time must be recombined into a single tract. Thereafter the <br />Property may not be subdivided, partitioned or divided in any way for any purpose whatsoever. <br />9. Conservation Practices <br />All agricultural operations on the Property sha11 be conducted in a manner consistent with <br />a Conservation Plan prepared in consultation with NRCS and approved by the Orange County <br />Soil and Water Conservation District. This Conservation Plan shall be developed using the <br />standards and specifications of the NRCS Field O~ce Technical Guide and 7 CFR Part 12 that <br />are in effect on the date of execution of this Conservation Easement. The Grantors may, <br />however, develop and implement a Conservation Plan that proposes a higher level of <br />conservation and is consistent with the NRCS Field Office Technical Guide standards and <br />specifications. Copies of the Conservation Plan shall be kept on file in the office of the Orange <br />Soil and Water Conservation District and Grantors and shall be provided to the Grantees. The <br />Conservation Plan may be updated from time to time by mutual agreement of the NRCS and the <br />Grantors. NRCS and the Grantees shall have the right to enter upon the Property, with advance <br />notice to the Grantors, in order to monitor compliance with the Conservation Plan. <br />In the event of noncompliance with the Conservation Plan, NRCS and the Grantees shall <br />work with the Grantors to explore methods of compliance. Grantors shall be given a reasonable <br />amount of time, not to exceed twelve months, to take conective action. If the Grantors do not <br />comply with the Conservation Plan, NRCS will inform the Grantees of the Grantors' non- <br />compliance. Following receipt of written notification from NRCS that (a) there is a substantial, <br />ongoing event or circumstance of non-compliance with the Conservation Plan, (b) NRCS has <br />worked with the Grantors to correct such noncompliance, and (c) Grantors have exhausted their <br />appeal rights under applicable NRCS regulations the Grantees shall take all reasonable steps <br />(including efforts at securing voluntary compliance and, if necessary, appropriate legal action) to <br />secure compliance with the Conservation Plan. Notwithstanding the foregoing, in the event that <br />the Grantees reasonably believe that there is a substantial, ongoing event or circumstance of non- <br />compliance with the Conservation Plan despite efforts to work with the Grantors to correct such <br />non-compliance, Grantees may proceed to take all reasonable steps to secure compliance. <br />1 D. Forest Management <br />Within the entire "Riparian Corridor" described in Paragraph 4 of this Conservation <br />Easement, forest management practices shall be in accordance with the consistent with the <br />Conservation Easement to be held by the State of North Carolina through the NC Conservation <br />Reserve Enhancement Program and recorded at Deed Book533`~, Page ~8 , Orange County <br />Registry. <br />Outside of the Riparian Corridor, trees may be removed, cut and otherwise managed to <br />control insects and disease, to prevent personal injury and property damage, to remove non- <br />native species, for construction of permitted improvements and fences on the Property, and <br />commercial harvesting so long as done in accordance with the provisions of this Conservation <br />Easement and the Conservation Plan referenced in Paragraph 9 of this Conservation Easement, <br />Page 10 of 21 <br />
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