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Draft 11 -10 -04 13
<br />Any other cutting, removal or harvesting of trees, including any commercial harvesting of
<br />trees, may be undertaken within the areas identified and marked at "Forested Area" on Exhibit B
<br />only if a) the purpose is for clearing land for cultivation or use by livestock, and b) it occurs
<br />outside of the stream buffer described in Paragraph 4 of this Conservation Easement, and c) it is
<br />in accordance with the Conservation Plan and forest management plan referred to in this
<br />Paragraph 10.
<br />Trees may be planted, harvested and removed within the area identified and marked as
<br />"Farmstead Area" on Exhibit B without the advance written permission of the Grantee, so long as
<br />done in accordance with the Conservation Plan and forest management plan referred to in this
<br />Paragraph 10.
<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 necessary for permitted customary
<br />agricultural uses will be limited to 1 acre in total surface area and will be restored as soon as
<br />practicable after the disturbance. Under no circumstances is the drilling for or exploration for
<br />hydrocarbons permitted in, on or to the Property.
<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. Any such road covered by any
<br />impervious material including rock or gravel is subject to impervious surface requirements in
<br />Paragraph 7,.
<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
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