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

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Draft 8/26/04 however, develop and implement a Conservation Plan that proposes a higher level of conservation and is consistent with the NRCS Field Office Technical Guide standards and specifications, MRCS and the Orange County Soil and Water Conservation District shall have the right to enter upon the Property, with advance notice to the Grantors, in order to monitor compliance with the Conservation Plan.. 19 If the Grantors do not comply with the Conservation Plan, Grantee shall take steps as provided for in Paragraph 19 of this Conservation Easement, including efforts at securing voluntary compliance and, if necessary, appropriate legal action, to secure compliance with the Conservation Plan.. Grantee shall notify NRCS and the Orange County Soil and Water Conservation District of any such compliance efforts and elicit the aid of both in securing the compliance by the Grantors with the Conservation Plan, 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) NRCS has worked with the Grantors to correct such noncompliance, and (c) Grantors have exhausted their appeal rights under applicable MRCS regulations, Grantee shall take steps as provided for in Pazagraph 19 of this Conservation Easement, including efforts at securing voluntary compliance and, if necessary, appropriate legal action to secure compliance with the Conservation Plan, 10. Forest Mmzagwnent 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 done in accordance with the Conservation Plan referenced in Paragraph 9 of this Conservation Easement and in accordance with a Forest Management Plan prepared by a professional licensed forester approved by Grantee, such approval to not be unreasonably withheld, that is consistent with the above referenced Conservation Plan. Trees may be planted, harvested and removed within the areas identified and marked as "Fazrnstead Area," "Existing Residential Envelope" and "Future Residential 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 referred to in this Paragraph 10, so long as outside of the 300-foot streanr buffer described in Paragraph 4 of this Conservation Easement and, with respect to the areas identified azrd marked as "Future Residential Envelope," only within the building lot of each and only after the building lot is legally created by subdivision. Any other cutting, removal or harvesting of trees, including any commercial harvesting of trees, maybe undertaken only if it occurs outside of the 300-foot stream buffer described in Paragraph 4 of this Conservation Easement, outside of any wetlands and only if it is in accordance with the Conservation Plan referenced in Paragraph 9 of this Conservation Easement and a Forest Management Plan as set out below..