Orange County NC Website
Breeze Agricultural Conservation Easement (I) 12/21/07 draft (clean) ~3 <br />Any other cutting, removal or harvesting of trees, including any commercial harvesting of <br />trees, maybe undertaken only if it occurs outside of the stream buffer described in Paragraph 4 of <br />this Conservation Easement and it is in accordance with the Conservation Plan and forest <br />management plan referred to in this Paragraph 10. <br />Trees may be planted, harvested and removed within the area identified and marked as <br />"Existing Farmstead Area" on Exhibit A without the advance written permission of the Grantee, <br />so long as done in accordance with the Conservation Plan and forest management plan referred to <br />in this Paragraph 10. <br />11. Mining <br />There shall be no filling, excavation, dredging, mining or drilling, removal of topsoil, <br />sand, gravel, rock, peat, minerals or other materials; and no change in the topography of the land <br />in any manner except as necessary for the purpose of normal and customary farming operations <br />or combating erosion or flooding in accordance with the Conservation Plan and as reasonably <br />necessary for any maintenance, construction or reconstruction on the Property permitted herein. <br />Disturbed areas for the purpose of removing soil, gravel, rock, peat, minerals or other materials <br />necessary for permitted customary agricultural uses on the Property will be limited to one acre in <br />total surface area and will be restored as soon as practicable after the disturbance. Under no <br />circumstances is the drilling for or exploration for hydrocarbons permitted in, on or to the <br />Property. <br />12. Road Construction <br />Construction and maintenance of farm roads that may be reasonably necessary and <br />incidental to carrying out the improvements and uses permitted on the Property by this <br />Conservation Easement are permitted. With the exception of roads within the areas identified as <br />"Existing Farmstead Area" on Exhibit A, no roads constructed on the Property shall be paved or <br />otherwise covered with concrete, asphalt,. rock, gravel or any other impervious material, without <br />the advance written permission of Grantee. Grantee shall not give such permission unless <br />Grantee determines that the proposed paving, or covering of the soil, or the location of any such <br />road, will not diminish or impair the Conservation Values of the Property. Any such road <br />covered by any impervious material including rock or gravel is subject to impervious surface <br />requirements in Paragraph 7. <br />13. Dumping and Trash <br />Dumping or storage of soil, trash, refuse, debris, ashes, garbage, waste, abandoned <br />vehicles or parts, appliances, machinery, or hazardous substances, or toxic or hazardous waste, or <br />any placement of underground or above ground storage tanks or other materials is prohibited. <br />Provided, however, that the storage of agricultural products, byproducts (including the <br />composting of biodegradable material for on-farm use) and agricultural equipment used on the <br />Property is allowable, so long as such storage is done in accordance with all applicable <br />