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2017-652 DEAPR - Conservation easement for High Rock Road.pdf
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2017-652 DEAPR - Conservation easement for High Rock Road.pdf
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Last modified
12/17/2019 1:58:46 PM
Creation date
1/29/2018 1:57:29 PM
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Contract
Date
12/19/2017
Contract Starting Date
12/19/2017
Agenda Item
8-d
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111111011111011 PIi�� i� ii � i �� i� � iiiiiii <br /> RB6404 97 9 / 20 <br /> or circumstance of non- compliance with the Conservation Plan, (b) NRCS has worked with the <br /> Grantor to correct such noncompliance , and (c) Grantor has exhausted their appeal rights under <br /> applicable NRCS regulations , the Grantee shall take all reasonable steps (including efforts at <br /> securing voluntary compliance and, if necessary, appropriate legal action) to secure compliance <br /> with the Conservation Plan. Notwithstanding the foregoing , in the event that the Grantee <br /> reasonably believe that there is a substantial , ongoing event or circumstance of non-compliance <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 /> 10. Forest Management <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 /> 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 /> Trees may be planted , harvested and removed within the area identified and marked as <br /> the "Farmstead Area" on Exhibit A and the one-acre future "Residential Envelope" once its <br /> location has been designated, all without the advance written permission of the Grantee . <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 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 /> Page 9 of 18 <br />
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