Orange County NC Website
11 <br /> 2.1. Subdivision. Separate conveyance of a portion of the Protected Property, subdivision,partitioning or dividing the <br /> Protected Property is prohibited. Grantor hereby waives any right to subdivide the protected property pursuant to <br /> North Carolina General Statute 106-744(b)(1). Even if the Protected Property consists of more than one parcel for <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. Riparian Buffer. Cattle and other livestock shall not be permitted to exist or to graze on the Protected Property <br /> within the"Riparian Buffer"identified and marked on the plat of survey recorded in Plat Book ,Page , <br /> Orange County Registry,and referenced in Exhibit C. The Riparian Buffer shall be maintained in its natural <br /> condition and restricted from any forestry, farming, development, or other activity or use which could impair or <br /> interfere with the Conservation Values of the Protected Property. <br /> 2.4. 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 /> 2.5. 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 /> 5 <br />