Orange County NC Website
Page 8 of 19 <br />for utility transmission or distribution facilities or systems without the written consent of the <br />Grantees. Maintenance, repair or improvement of a septic system(s) or other underground <br />sanitary system that exists on the Protected Property at the time of this Conservation Easement, <br />or the construction of a septic or other underground sanitary system, for the benefit of any of the <br />improvements permitted herein and if necessary to serve the existing (or replacement) residential <br />or commercial uses located immediately adjacent to the Protected Property on the property <br />identified as Orange County PIN 0808-06-7557, is permitted. All other utilities are prohibited on <br />the Protected Property. Cellular communication towers or structures are prohibited on the <br />Protected Property. <br />8. Subdivision <br />The Protected Property may not be divided, subdivided or partitioned, nor conveyed except in its <br />current configuration as an entity. <br />9. Conservation Practices <br /> All agricultural operations on the Protected Property shall be conducted in a manner <br />consistent with the requirements of this Conservation Easement and a Conservation Plan <br />prepared in consultation with NRCS and approved by the Orange County Soil and Water <br />Conservation District. This Conservation Plan shall be developed using the standards and <br />specifications of the NRCS Field Office Technical Guide and 7 CFR Part 12 that are in effect on <br />the date of execution of this Conservation Easement. The Grantor may, however, develop and <br />implement a Conservation Plan that proposes a higher level of conservation and is consistent <br />with the NRCS Field Office Technical Guide standards and specifications. Copies of the <br />Conservation Plan shall be kept on file in the office of the Orange Soil and Water Conservation <br />District and shall be provided to the Grantor and Grantees. The Conservation Plan may be <br />updated from time to time by mutual agreement of the NRCS and the Grantor. NRCS and the <br />Grantees shall have the right to enter upon the Protected Property, with advance notice to the <br />Grantor, in order to monitor compliance with the Conservation Plan. <br />In the event of noncompliance with the Conservation Plan, the Grantees shall work with <br />the Grantor to explore methods of compliance. Grantor shall be given a reasonable amount of <br />time, not to exceed twelve months, to take corrective action. If the Grantor does not comply with <br />the Conservation Plan, NRCS will inform the Grantees of the Grantor’s non-compliance. <br />Following receipt of written notification from NRCS that (a) there is a substantial, ongoing event <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 Grantees 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 Grantees <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, Grantees may proceed to take all reasonable steps to secure compliance. <br />14