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017 <br />2012- 08- 14.THOMPSON.Conservation Easement Deed DRAFT <br />3.7. Forest Management. Pursuant to a forest management plan trees may be removed, <br />cut and otherwise managed to control insects, for pasture restoration, for firewood and <br />other non - commercial uses, including construction of permitted improvements and fences <br />on the Protected Property. Trees may be planted, harvested and removed within the areas <br />identified and marked as "Farmstead Area" on Exhibit B without the advance written <br />permission of the Grantee. <br />Any other cutting, removal or harvesting of trees may be undertaken only under one <br />or both of the following conditions: <br />a) The purpose is for clearing land for cultivation or use by livestock. <br />b) The purpose is for commercial harvesting of trees if in accordance with the <br />Conservation Plan referenced in Section 4.5 herein and a forest management plan <br />that is consistent with the above - referenced Conservation Plan and prepared by a <br />professional forester approved by Grantee, such approval to not be unreasonably <br />withheld. <br />3.8. Water Rights. Grantor shall retain and reserve the right to use any appurtenant <br />water rights sufficient to maintain the agricultural productivity of the Protected Property. <br />Grantor shall not transfer, encumber, lease, sell or otherwise separate such water rights <br />from title to the Protected Property itself. <br />3.9. Land Application. The land application, storage and placement on the Protected <br />Property of domestic septic effluent and municipal, commercial or industrial sewage <br />sludge or liquid generated from such sources for agricultural purposes may be undertaken <br />only if in accordance with all applicable federal, state and local laws and regulations and <br />in accordance with the NRCS Conservation Plan. Spray irrigation of domestic septic <br />effluent to serve the Protected Property's dwelling(s) is prohibited. <br />3.10. Natural Resource Restoration and Enhancement Activities. Notwithstanding any <br />terms contained within this Easement, Grantor may engage or contract others to engage <br />in any activity designed to repair, restore, or otherwise enhance the natural resources <br />found or once present on the Protected Property, that are consistent with the Conservation <br />Values of this Easement and the Conservation Plan and subject to the written approval of <br />Grantee. <br />ARTICLE IV. ONGOING RESPONSIBILITY OF GRANTOR AND GRANTEE <br />Other than as specified herein, this Easement is not intended to impose any legal or <br />other responsibility on the Grantee or the United States, or in any way to affect any <br />existing obligation of the Grantor as owners of the Protected Property. <br />Due to the States' interest in this conservation easement other than as specified herein, <br />this Easement is not intended to impose any legal or other responsibility on the <br />12 <br />