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<br /> real estate tax or any other purpose or if it was acquired previously as separate parcels, it will be considered one
<br /> parcel for purposes of this Conservation Easement, and the restrictions and covenants of this Conservation
<br /> Easement will apply to the Protected Property as a whole.
<br /> 2.2. Industrial and Commercial Use. Industrial and commercial use of the Protected Property and access therefore is
<br /> prohibited except agricultural production and related uses conducted as described in the Agricultural Conservation
<br /> Plan; the sale of excess power generated in the operation of renewable energy structures and associated equipment
<br /> or other energy structures that Grantees approve in writing as being consistent with the conservation purposes of
<br /> this Conservation Easement; temporary or seasonal outdoor activities or events that do not harm the agricultural
<br /> use, future viability, and related conservation values of the Protected Property herein protected; commercial
<br /> enterprises related to agricultural or forestry including but not limited to agritourism,processing,packaging,and
<br /> marketing of farm or forest products. This restriction does not prohibit the use of the Protected Property or
<br /> construction of improvements primarily for agricultural,horticultural, forestry, silvicultural, lawful and customary
<br /> rural enterprises, such as,but not limited to, a winery,bed and breakfast, saw mills, farm machinery repair
<br /> enterprises and non-developed recreational purposes as more specifically defined herein. Conducting customary
<br /> rural commercial enterprises on any other part of the Property is not permitted without the advance written
<br /> permission of the Grantees in each instance. The Grantees shall not give such permission unless the Grantees
<br /> determine that the proposed use will not substantially diminish or impair the conservation values of the Property.
<br /> 2.3. Minim. There shall be no filling, excavation, dredging, mining or drilling,removal of topsoil, sand, gravel,rock,
<br /> peat,minerals,hydrocarbons or other materials, and no change in the topography of the land in any manner except
<br /> as necessary for the purpose of farming operations or combating erosion of flooding and as reasonably necessary
<br /> for any permitted maintenance, construction or reconstruction on the Protected Property. Disturbed areas for the
<br /> purpose of removing topsoil, sand, gravel,rock,peat,minerals, or other materials must not harm the conservation
<br /> values or the agricultural uses of the Property and will be restored as soon as practicable after the disturbance. Any
<br /> removal of material as provided for in this subsection shall be solely for the purposes of the Protected Property and
<br /> shall not be removed and sold to a third party. Under no circumstances is the exploration, exploitation and/or
<br /> drilling for oil,natural gas,coal and/or other hydrocarbons permitted in,on or to the Protected Property. If a third
<br /> party owns or leases the oil,natural gas, or any other mineral substance at the time this Conservation Easement is
<br /> executed, and their interests have not been subordinated to this Conservation Easement,the Grantor must require,
<br /> to the greatest extent possible,that any oil,natural gas, and mineral exploration and extraction conducted by such
<br /> third party is conducted in accordance with this paragraph.
<br /> 2.4. Surface Alteration. Grading,blasting, filling, sod farming, earth removal, or any other activity that will disturb the
<br /> soil surface or materially alter the topography, surface or subsurface water systems, or wetlands of the Protected
<br /> Property is prohibited, except as follows: dam construction in accordance with the Agricultural Conservation Plan
<br /> to create ponds for agricultural use, fire protection, or wildlife enhancement, including enhancement through
<br /> wetland restoration, enhancement or creation; erosion and sediment control pursuant to a plan approved by the
<br /> Grantees; soil disturbance activities required in the construction of approved buildings, structures,roads, and
<br /> utilities provided that the required alteration has been approved in writing by Grantees as being consistent with the
<br /> conservation purpose of this Conservation Easement; or agricultural activities conducted in accordance with the
<br /> Agricultural Conservation Plan.
<br /> 2.5.Dumping and Trash. Dumping or storage of soil,trash,refuse,debris,ashes,garbage,waste, abandoned vehicles
<br /> or parts, appliances,machinery, or hazardous substances, or toxic or hazardous waste, is prohibited. The
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