Agenda - 10-05-2004-6c - Laserfiche WebLink

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Draft #4 clean (9/14/04) 18 In the event NRCS or the Orange County Soil and Water Conservation District, pursuant to its monitoring of the Conservation Plan, provides written notification to Grantee that (a) there is an ongoing event or circumstance ofnon-compliance with the Conservation Plan, (b) MRCS has worked with the Grantors to correct such noncompliance, and (c) Grantors have exhausted their appeal rights under applicable NRCS regulations, Grantee shall take steps as provided for in Paragraph 19 of this Conservation Easement, including efforts at securing voluntazy compliance and, if necessary, appropriate legal action to secure compliance with the Conservation Plan. 10. Forest Management Trees maybe removed, cut and otherwise managed to control insects and disease, to prevent personal injury and property damage, to remove non-native species, for pasture restoration, for firewood and other non-commercial uses, including construction of permitted improvements and fences on the Property, without the advance written permission of Grantee, so long as it is in accordance with the Conservation Plan and in accordance with a Forest Management Plan prepared by a professional licensed forester approved by Grantee, such permission to not be unreasonably withheld, that is consistent with the Conservation Plan, Any other cutting, removal or harvesting of trees, including any commercial harvesting of trees, may be undertaken only if a) the purpose is for clearing land for cultivation or use by livestock, and b) it occurs outside of the Conservation Corridor, and c) it is in accordance with the Conservation Plan and Forest Management Plan. Trees maybe planted, harvested and removed within the area identified and marked as "Farmstead Envelope" on Exhibit B without the advance written permission of the Grantee, so long as done in accordance with the Conservation Plan and Forest Management Plan, so long as it occurs outside of the Conservation Corridor. Any other cutting, removal or hazvesting of trees, including any conunercial harvesting of trees, may be undertaken only if it occurs outside of the Conservation Corridor and only if it is in accordance with the Conservation Plan and Forest Management Plan.. All forest management activities shall be conducted only in accordance with N.C. Division of Forest Resources Best Management Practices guidelines far timber management as the same may be promulgated by law or regulation in the state of North Carolina and as adopted by the North Carolina organization of professional foresters, and amended from time-to-time. Forest management is permitted to generate occasional income from harvest and sale of forest products and to maintain the general health of the forest ecosystem. 11~ Mniing There shall be no filling, excavation, dredging, mining or drilling, removal of topsoil, sand, gravel, rock, peat, minerals or other materials; and no change in the topography of the land in any manner except as necessary for the purpose of combating erosion or flooding in accordance with the Conservation Plan and as reasonably necessary for any permitted