|
Fickle Creek Farm Conservation Easement Draft BOCC Jan 22 14
<br />Trees may be planted, harvested and removed within the area identified and marked as
<br />"Farmstead Area" on Exhibit B without the advance written permission of the Grantee, so long as
<br />done in accordance. with the Conservation Plan and forest management plan referred to in this
<br />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 combating erosion or flooding in
<br />accordance with the Conservation Plan and as reasonably necessary for any permitted
<br />maintenance, construction or reconstruction on the Property. Disturbed areas for the purpose of
<br />removing soil, gravel, rock, peat, minerals, or other materials necessary for permitted customary
<br />agricultural uses on the Property will be limited to one acre in total surface area and will be
<br />restored as soon as practicable after the disturbance. Under no circumstances is the drilling for or
<br />exploration for hydrocarbons permitted in, on, or to the 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. 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 covered
<br />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 />government laws and regulations and in such a manner so as to not impair the conservation
<br />values of the Property.
<br />The land application, storage, and placement on the Property of domestic septic effluent
<br />and municipal sewage sludge or liquid generated from such sources for agricultural purposes may
<br />be undertaken only if in accordance with all applicable federal, state, and local laws and
<br />regulations.
<br />
|