Deed of Agricultural Conservation Easement between OC and The Wizard's Cauldron, Ltd.

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BooK2605 PACE 425 The land application storage and placement on the Property of domestic septic effluent and municipal, commercial or industrial sewage sludge or liquid generated from such sources for agricultural purposes may be undertaken only with the written permission of Grantee and only if in accordance with all applicable federal, state and local laws and regulations. 10. Forest Management Trees may be removed, cut and otherwise managed to control insects and disease,to prevent personal injury and property damage, for firewood and other uses, including construction of permitted improvements and fences on the Property .Any other cutting, removal or harvesting of trees may be undertaken only if the purpose is for clearing land for cultivation or use by livestock, and it is in accordance with either the conservation plan referenced in Paragraph 9 herein or a forest management plan prepared by a professional forester. 11.Mining The mining or extraction of soil, sand, gravel, rock, oil, natural gas, fuel or any other mineral substance, using any method that disturbs the surface of the land, is prohibited without the advance written permission of the Grantee. The Grantee shall not give such permission, unless the Grantee determines that the proposed mining or extraction will not substantially diminish or impair the conservation values of the Property. Notwithstanding, any other provision of this Easement, no more of the Property maybe disturbed by mining or other extractive activities as may be reasonably necessary and incidental to carrying out the improvements and agricultural uses permitted on the property by this Easement. Such activities are permitted only to the extent they are consistent with Internal Revenue Code Sections 170(h)(5) and (6) and Treasury Regulation Section 1.1 70A-14(g)(4) and State law and Orange County zoning, erosion control and other applicable regulations. 12. Paving and Road Construction Subject to regulations for impervious surface restrictions, construction and maintenance of unpaved farm roads that may be reasonably necessary and incidental to carrying out the improvements and uses permitted on the Property by this Easement are permitted. No portion of the Property shall be paved or otherwise covered with concrete, asphalt, or any other impervious paving material, without the advance written permission of the Grantee. The Grantee shall not give such permission unless the Grantee determines that the proposed paving, or covering of the soil, or the location of any such road, will not substantially diminish or impair the conservation values of the Property. 13. Dumping and Trash No trash, refuse, vehicle bodies or parts, rubbish, debris,junk, waste, radioactive or hazardous waste, shall be placed, stored, dumped, buried or permitted to remain on the Property, except as reasonably required for the use of the Property for agricultural activities, and except as in accordance with applicable local, state and federal laws and regulations. The storage of agricultural products, byproducts and agricultural equipment on the Property, so long as such storage is done in accordance with all applicable government laws and regulations, is permitted.