Agenda - 12-06-2004-6c - Laserfiche WebLink

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BOCCDraft 11-2.2-04 19 9. Co~zservntion Practices All agricultural operations on the Property shall be conducted in a manner consistent with a Conservation Plan prepared in consultation with NRCS and approved by the Orange County Soil and Water Conservation District. This Conservation Plan shall be developed using the standards and specifications of the NRCS Field Office Techmical Guide and 7 CFR Part 12 that are in effect on the date of execution of this Conservation Easement. The Grantors may, 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. NRCS 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. 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 of non-cornpliance 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 NRCS regulations, 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,. 10. Foresi Manage~~zent Everywhere on the Property, trees may be 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. Within the "Farmstead Area" and "Existing Residential Envelope" identified on Exhibit B, and within not yet identified Future Residential Envelopes, trees may be planted, harvested and removed 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 Conservation Corridor and, with respect to the "Future Residential