Orange County NC Website
1 to <br />Eno Confluence Conservation Easement Nov. 13, 2007 draft (BOCC) <br />Easement, and the right of access to the Easement Area for such purposes including organized <br />educational activities such as site visits and observations. <br />2.6 Agricultural, Grazing and Horticultural Use. Agricultural, grazing, and <br />horticultural uses of the Easement Area are allowed within the locations identified as "Agricultural <br />Use Envelope" identified in Exhibit C to this Conservation Easement. Agricultural, grazing, and <br />horticultural uses of any other portion of the Easement Area is prohibited. <br />2.7 Forest Vegetation Manage. Commercial timbering of trees within the <br />Easement Area is prohibited. Grantor shall have the right to a) cut and remove diseased trees, <br />shrubs, or other plants; b) cut and remove invasive (usually non-native) trees, shrubs and other <br />plants; c) cut and remove undesirable early succession trees and replant with more desirable <br />hardwood species; and d) to cut firebreaks. Trees may also be removed to prevent personal <br />injury and property damage, or to salvage wind-thrown timber. There shall be no additional <br />removal, harvesting, destruction or cutting of native trees, shrubs or other plants. Furthermore, <br />except to accommodate the activities expressly permitted in this easement, there shall be no use <br />of fertilizers, plowing, introduction ofnon-native animals, or disturbance or change in the natural <br />habitat in any manner. All forest management activities must be pursuant to a 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. <br />2.8 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 hiking trails permitted <br />herein, c) the combating of erosion or flooding, and d) to enhance the plant and animal <br />ecosystems native to the locality. <br />2.9 Water Quality and Drainage Patterns. There shall be no pollution of <br />surface water, natural water courses, lakes, ponds, marshes, subsurface water or any other water <br />bodies, nor shall activities be conducted on the Easement Area that would be detrimental to <br />water purity or, except as specified herein, that could alter the natural water level or flow in or <br />over the Easement Area. There shall be no alteration, depletion or extraction of surface water, <br />natural watercourses, lakes, ponds, marshes, subsurface water or any other water bodies on the <br />Easement Area. Diking, draining, filling or removal of wetlands is prohibited. <br />2.10 Natural Resource Restoration and Enhancement Activities. <br />Notwithstanding any terms contained within this Conservation Easement, Grantor may engage or <br />contract others to engage in any activity designed to repair, restore, or otherwise enhance the <br />natural resources found or once present on the Easement Area, such as the restoration of the <br />riparian forest corridors, so long as such activities are consistent with the Conservation Values of <br />this Conservation Easement and consistent with a management plan prepared for this property <br />and approved in advance by the Grantee. <br />Page 7 of 17 <br />