Draft 8L26/04
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<br />by avoiding the use ofclear-cutting unless absolutely necessary and approved as part
<br />of the Forest Management Plan and the Harvest Plan by Grantee,
<br />Grantee's approval of the Harvest Plan shall not be unreasonably withheld, but maybe
<br />withheld or conditioned if prescribed actions Wray compromise the conservation values of the
<br />property, or if it does not adequately address all required items listed above or other issues
<br />pertinent to the intent of this Conservation Easement,
<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 combating erosion or flooding in
<br />accordance with the Conservation Plan and as reasonably necessary for any permitted
<br />maintenance, construction or reconstruction on the Property, Disturbed areas for the purpose of
<br />removing soil, gravel, rock, peat, minerals or' other materials will be limited to one acre in total
<br />surface area and will be restored as soon as practicable after the disturbance,
<br />12 Paving and Road Construction
<br />Construction and maintenance of farm roads that may be reasonably necessary and
<br />incidental to carrying out the improvements and uses permitted on the Property by this
<br />Conservation Easement are permitted, Other than the existing entrance driveways within the
<br />Farmstead Area, as indicated on Exhibit B, no portion of the Property shall be paved or otherwise
<br />covered with concrete, asphalt, rock, gravel or any other impervious material, without the
<br />advance written permission of Grantee. Grantee shall not give such permission unless Grantee
<br />determines that the proposed paving, or covering of the soil, or' the location of any such road, will
<br />not diminish or impair the conservation values of the Property and that any such road covered by
<br />any impervious material including rock or gravel will not cause the impervious surface limits in
<br />Paragraph 7 to be exceeded..
<br />13. Dumping and Trash
<br />Dumping or storage of soil, trash, refuse, debris, ashes, garbage, waste, abandoned
<br />vehicles or parts, appliances, machinery, or hazardous substances, or toxic or hazardous waste, or
<br />any placement of underground or above ground storage tanks or other materials is prohibited,
<br />Provided, however, that the storage of agricultural products, byproducts (including the
<br />composting of biodegradable material for on-farm use) and agricultural equipment used on the
<br />Property is allowable, so long as such storage is done in accordance with all applicable
<br />government laws and regulations and in such a manner so as to not impair the conservation
<br />values of the Property.
<br />The land application, storage and placement on the Property of domestic septic effluent
<br />and municipal sewage sludge or liquid generated from such sources for agricultural purposes or
<br />otherwise is prohibited.
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