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Fickle Creek CE Attachment 4 Draft 9/19/2017 <br />Page 9 of 18 <br />with the Conservation Plan despite efforts to work with the Grantor to correct such non- <br />compliance, Grantee may proceed to take all reasonable steps to secure compliance. <br /> <br />10. Forest Management <br /> <br />Everywhere on the Property, trees may be removed, cut and otherwise managed to control <br />insects and disease, to prevent personal injury and property damage, to remove non-native <br />species, for pasture restoration, for firewood and other non-commercial uses, including <br />construction of permitted improvements and fences on the Property, so long as done in <br />accordance with the Conservation Plan referenced in Paragraph 9 (Conservation Practices) of this <br />Conservation Easement and in accordance with a Forest Management Plan that is prepared by a <br />professional licensed forester, and that is approved by Grantee, which approval shall not be <br />unreasonably withheld. <br /> <br />Any other cutting, removal or harvesting of trees, including any commercial harvesting of <br />trees, may be undertaken only if it occurs outside of the stream buffer described in Paragraph 4 <br />(Right to Farm) of this Conservation Easement and it is in accordance with the Conservation <br />Plan and Forest Management Plan referred to in this Paragraph 10 (Forest Management). <br /> <br />Trees may be planted, harvested and removed within the area identified and marked as <br />the one-acre future “Residential Envelope” once its location has been designated, all without the <br />advance written permission of the Grantee. <br /> <br />11. Mining <br /> <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 normal and customary farming operations <br />in accordance with the Conservation Plan or combating erosion or flooding in accordance with <br />the Conservation Plan and as reasonably necessary for any maintenance, construction or <br />reconstruction on the Property permitted herein. Disturbed areas for the purpose of removing <br />soil, gravel, rock, peat, minerals or other materials necessary for permitted customary agricultural <br />uses on the Property will be limited to one acre in total surface area and will be restored as soon <br />as practicable after the disturbance. Under no circumstances is the drilling for or exploration for <br />hydrocarbons permitted in, under, on or to the Property. <br /> <br />12. Road Construction <br /> <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, or any other impervious material, without the advance <br />written permission of the Grantee. For purposes of this Conservation Easement gravel roads <br />shall not be considered impervious. Grantee shall not give such permission unless the Grantee <br />15