Orange County NC Website
Page 9 of 19 <br />10. Forest Management <br />Everywhere on the Protected Property, trees may be removed, cut and otherwise managed <br />to control insects and disease, to prevent personal injury and property damage, to remove non- <br />native species, for pasture restoration, for firewood and other non-commercial uses, including <br />construction of permitted improvements and fences on the Protected Property, so long as done in <br />accordance with the Conservation Plan referenced in Paragraph 9 (Conservation Practices) of <br />this Conservation Easement and in accordance with a Forest Management Plan that is prepared <br />by a professional licensed forester, and that is approved by Grantees, 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 is in accordance with the Conservation Plan and Forest <br />Management Plan referred to in this Paragraph 10 (Forest Management) and occurs outside of a <br />200-foot-wide stream buffer along North Fork Little River, which is 100 feet wide on either side <br />of the stream as measured from the center of the stream and perpendicular to the stream, as well <br />as 200-foot-wide stream buffer along the unnamed tributary of North Fork Little River, which is <br />100 feet wide on either side of the stream as measured from the center of the stream and <br />perpendicular to the stream. The location of both stream buffers are identified and marked on <br />Exhibit A. Exhibit A is a copy of a GIS rendering of the Protected Property, the original of <br />which will be maintained with the Baseline Documentation Report at the office of the Orange <br />County Department of Environment, Agriculture, Parks and Recreation and the Eno River <br />Association. <br />The aforementioned 200-foot-wide stream buffer shall be maintained in its natural <br />condition and restricted from any development that would impair or interfere with the <br />Conservation Values of the Protected Property. <br />Trees may be planted, harvested and removed within the future “Farmstead Area,”once <br />the location is determined and approved by Grantor and Grantees, all without the advance <br />written permission of the Grantees. <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 Protected Property permitted herein. Disturbed areas for the purpose of <br />removing soil, gravel, rock, peat, minerals or other materials necessary for permitted customary <br />agricultural uses on the Protected Property will be limited to one acre in total surface area and <br />will be restored as soon as practicable after the disturbance. Under no circumstances is the <br />drilling for or exploration for hydrocarbons permitted in, under, on or to the Protected Property. <br />15