Orange County NC Website
12 <br />2.3 Utility Services and Septic Systems. Construction, maintenance, repair or <br />improvement of electric, gas, water facilities, sewer lines and /or other public or private utilities, <br />including telephone or other communication services is prohibited within the Easement Area. <br />2.4 Agricultural, Grazing and Horticultural Use. Agricultural, grazing, and <br />horticultural uses of the Easement Area is prohibited. <br />2.5 Timber Harvesting and Forest Management. Commercial timbering of <br />trees within the Easement Area is prohibited. Trees may be removed, cut and otherwise managed <br />to control insects and disease, to prevent personal injury and property damage, to remove non- <br />native species, or to salvage wind - thrown timber, including construction of permitted <br />improvements and fences on the Easement Area. Timber harvesting and forest management <br />activities, including the use of controlled burns, must be pursuant to a written Forest <br />Management Plan prepared by a North Carolina registered forester, the selection of whom is <br />mutually agreed upon by Grantor and Grantee and which management activities must be agreed <br />to in advance by Grantee and Grantor. There shall be no additional removal, harvesting, <br />destruction or cutting of native trees, shrubs or other plants. Furthermore, except to <br />accommodate the activities expressly permitted in this easement, there shall be no use of <br />fertilizers, plowing, introduction of non - native animals, or disturbance or change in the natural <br />habitat in any manner. <br />2.6 Recreational Use. Consistent with the purpose of and the limitations <br />contained in this Conservation Easement, Grantors shall have the right to engage in and permit <br />others, whether or not for consideration, to engage in recreational uses of the Easement Area, <br />including, but not limited to, hunting, fishing, hiking, picnicking, and other recreational uses that <br />require no buildings, facilities, surface alteration or other development of the land. Grantors <br />reserve the right to promulgate and enforce reasonable rules and regulations for all activities <br />incident to recreational use of the Easement Area, including but not limited to the right to <br />prohibit any recreational use that would permit destruction of other significant conservation <br />values of the Easement Area. <br />2.7 Excavation. There shall be no filling, excavation, dredging, mining or <br />drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other materials; and no <br />change in the topography of the land in any manner except as necessary to allow a) the <br />construction of the improvements permitted herein, b) the maintenance of trails permitted herein, <br />c) the combating of erosion or flooding, and d) to enhance the plant and animal ecosystems <br />native to the locality. <br />2.8 Destruction of Plants. Grantors shall have the right to cut and remove <br />diseased trees, shrubs, or other plants, to cut and remove invasive (usually non - native) trees, <br />shrubs and other plants, and to cut firebreaks. Grantors shall also have the right to cut and <br />remove trees, shrubs, or other plants to accommodate the activities expressly allowed under this <br />Conservation Easement. There shall be no additional removal, harvesting, destruction or cutting <br />Page 6 of 15 <br />