Agenda - 05-15-2007-3b - Laserfiche WebLink

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Lee Farm Conservation Easement BOCC Draft (j notification from MRCS that (a) there is a substantial, ongoing event or circumstance of non- compliance with the Conservation Plan, (b) MRCS has worked with the Grantors to correct such noncompliance, and (c) Grantors have exhausted their appeal rights under applicable MRCS regulations. If the NRCS standards and specifications for highly erodible land are revised after the date of this Grant based on an Act of Congress, MRCS will work cooperatively with the Grantors to develop and implement a revised Conservation Plan. The provisions of this section apply to the highly erodible land conservation requirements of the Farm and Ranch Lands Protection Program and are not intended to affect any other natural resources conservation requirements to which the Grantors may be or may become subject. 10. Forest Management Trees maybe removed, cut, and otherwise managed to control insects and disease, to prevent personal injury and property damage, to remove non-native species, for pasture restoration, for firewood, and for other non-commercial uses, including construction of permitted improvements and fences on the Property, so long as done in accordance with the Conservation Plan referenced in Paragraph 9 of this Conservation Easement and in accordance with a forest management plan prepared by a professional licensed forester approved by Grantee, such approval to not be unreasonably withheld, that is consistent with the above referenced Conservation Plan. Ariy other cutting, removal, or harvesting of trees, including any commercial harvesting of trees, maybe undertaken only if the purpose is for clearing land for cultivation or use by livestock, and it is in accordance with the Conservation Plan and forest management plan referred to in this Paragraph 10. Trees may be planted, harvested and removed within the areas identified and marked as "Farmstead Area" and "Residential Envelope" on Exhibit B without the. advance written permission of the Grantee, so long as done in accordance with the Conservation Plan and forest management plan referred to in this Paragraph 10. 11. Mining There shall be no filling, excavation, dredging, mining or drilling, removal of topsoil, sand, gravel, rock, peat, minerals or other materials; and no change in the topography of the land in any manner except as necessary for the purpose of a) combating erosion or flooding. in accordance with the Conservation Plan, b) any maintenance, construction, or reconstruction on the Property permitted herein, and c) the construction of one pond not to exceed one acre in the approximate location identified and marked as "Future Pond" on Exhibit B. Disturbed areas for the purpose of removing soil, gravel, rock, peat, minerals, or other materials necessary for permitted customary agricultural uses on the Property will be limited to one acre in total surface area and will be restored as soon as practicable after the disturbance. Under no circumstances is the drilling for or exploration for hydrocarbons permitted in, on, or to the Property. Page 8 of 17