ORD-2012-002 Budget Amendment #5-C - Conservation Easement Dennis & Linda Brooks

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