Orange County NC Website
Page 7 of 18 <br />recreational uses that require no buildings, facilities, surface alteration or other development of <br />the land. Grantor reserves the right to promulgate and enforce reasonable rules and <br />regulations for all activities incident to recreational use of the Easement Area, including but not <br />limited to the right to prohibit any recreational use that would permit destruction of other <br />significant conservation values of the Easement Area. <br /> <br />2.5 Educational Use. Grantor reserves the right to engage in and permit <br />others to engage in educational uses in the Easement Area not inconsistent with this <br />Conservation Easement, and the right of access to the Easement Area for such purposes <br />including organized educational activities such as site visits and observations. <br /> <br />2.6 Agricultural, Grazing and Horticultural Use. Agricultural, grazing, and <br />horticultural use of any portion of the Easement Area is prohibited. <br /> <br />2.7 Forest Vegetation Management. Commercial timbering of trees within <br />the Easement Area is prohibited. Grantor shall have the right to a) cut and remove diseased <br />trees, shrubs, or other plants; b) cut and remove invasive (usually non-native) trees, shrubs and <br />other plants; c) cut and remove undesirable early succession trees and replant with more <br />desirable hardwood species; and d) to cut firebreaks. Trees may also be removed to prevent <br />personal injury and property damage, or to salvage wind-thrown timber. There shall be no <br />additional removal, harvesting, destruction or cutting of native trees, shrubs or other plants. <br />Furthermore, except to accommodate the activities expressly permitted in this easement, there <br />shall be no use of fertilizers, plowing, introduction of non-native animals, or disturbance or <br />change in the natural habitat in any manner. All forest management activities must be <br />pursuant to a Forest Management Plan prepared by a North Carolina Registered Forester, the <br />selection of whom is mutually agreed upon by Grantor and Grantee and which management <br />activities must be agreed to in advance by Grantee and Grantor. <br /> <br />2.8 Excavation. There shall be no filling, excavation, dredging, mining or <br />drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other materials; and no <br />change in the topography of the land in any manner except as necessary to allow a) the <br />construction of the improvements permitted herein, b) the maintenance of hiking trails <br />permitted herein, c) the combating of erosion or flooding, and d) to enhance the plant and <br />animal ecosystems native to the locality. <br /> <br />2.9 Water Quality and Drainage Patterns. There shall be no pollution of <br />surface water, natural water courses, lakes, ponds, marshes, subsurface water or any other <br />water bodies, nor shall activities be conducted on the Easement Area that would be <br />detrimental to water purity or, except as specified herein, that could alter the natural water <br />level or flow in or over the Easement Area. There shall be no alteration, depletion or extraction <br />of surface water, natural watercourses, lakes, ponds, marshes, subsurface water or any other <br />water bodies on the Easement Area. Diking, draining, filling or removal of wetlands is <br />prohibited. <br />19