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Penny Conservation Easement Draft Nov. 27 2006 BOCC 11
<br />capacity, location and material so long as authorized by Orange County zoning regulations and
<br />consistent with permits required by and issued by Orange County under its laws and ordinances
<br />for such reconstruction. Grantors and Grantee acknowledge that no such improvements exist at
<br />the time of the execution of this Conservation Easement.
<br />2.4 Agricultural, Grazing and Horticultural Use. Agricultural, grazing, and
<br />horticultural uses of the Property are allowed within the existing open field identified on Exhibit C
<br />to this Conservation Easement. Agricultural, grazing, and horticultural uses of any other portions of
<br />the Property is prohibited.
<br />2.5 Timber Harvesting; and Forest Mana egt went. Commercial timbering of
<br />trees within the Property is prohibited. Trees may be removed, cut and otherwise managed to
<br />control insects and disease, to prevent personal injury and property damage, or to salvage wind-
<br />thrown timber. Such management activities must be pursuant to a Forest Management Plan
<br />prepared by a North Carolina Registered Forester, the selection of whom is mutually agreed
<br />upon by Grantors and Grantee and which management activities must be agreed to in advance by
<br />Grantee and Grantors.
<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 Property, including,
<br />but not limited to, hiking, picnicking, and other recreational uses that require no buildings,
<br />facilities, surface alteration or other development of the land. Hunting is prohibited except as
<br />authorized in Section 2.13 of this Conservation Easement. Grantors reserve the right to
<br />promulgate and enforce reasonable rules and regulations for all activities incident to recreational
<br />use of the Property, including but not limited to the right to prohibit any recreational use that
<br />would permit destruction of other significant conservation values of the Property.
<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 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 />2.8 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 />of native trees, shrubs or other plants. Furthermore, except to accommodate the activities
<br />expressly permitted in this easement, there shall be no use of fertilizers, plowing, introduction of
<br />non-native animals, or disturbance or change in the natural habitat in any manner.
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