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<br /> 3.1. Agricultural Production. Grantor retains the right to use the Protected Property for agricultural production or to
<br /> permit others to use the Protected Property for agricultural production, in accordance with applicable law and in
<br /> accordance with NRCS Agricultural Conservation Plan.
<br /> As used herein"agricultural production"means any use consistent with the definitions contained in North Carolina
<br /> General Statute §106-581.1 including but not limited to the production,processing, storage, or retail marketing of
<br /> crops, livestock and livestock products. For purposes hereof, crops, livestock, and livestock products include,but
<br /> are not limited to:
<br /> (a)Crops commonly found in the community surrounding the Protected Property;
<br /> (b)Field crops,including corn, soybeans, small grains,hay,potatoes, cotton,tobacco,herbs, and dry beans;
<br /> (c)Fruits, including apples,peaches, grapes, cherries,nuts and berries;
<br /> (d)Vegetables, including lettuce,tomatoes, snap beans,cabbage, carrots,beets,onions,mushrooms, and soybeans;
<br /> (e)Horticultural specialties, seeds, Christmas trees, and flowers,production of sod or other crops where soil is
<br /> removed above tolerable limits from the farm are prohibited;
<br /> (f)Livestock and livestock products, including dairy cattle,beef cattle, sheep, swine, goats,horses,poultry, fur
<br /> bearing animals,bees,milk and other dairy products, eggs and furs;
<br /> (g)Timber,wood, and other wood products derived from trees;
<br /> (h)Aquatic plants, aquatic animals, and their byproducts.
<br /> 3.2. Right to PrivacX. Grantor retains the right to privacy and the right to exclude any member of the public from
<br /> trespassing on the Protected Property. This Easement is not intended to create any rights of the public in, on or to
<br /> the Protected Property.
<br /> 3.3. Right to Use the Protected Property for Customary Rural Enterprises. Grantor retains the right to use the Protected
<br /> Property, for otherwise lawful and customary rural enterprises, such as,but not limited to,farm machinery repair,
<br /> sawmills,firewood distribution, for nature and historic tours, equestrian activities, and other passive or
<br /> "Ecotourism", "Agritourism"and"Special Events"as defined herein,educational programs or farm meetings and
<br /> like activities, so long as such activities are consistent with Orange County zoning regulations and permits required
<br /> by and issued by Orange County under its laws and ordinances as they exist now and as they may be amended
<br /> from time to time,and are conducted in buildings otherwise permitted under this Conservation Easement in a
<br /> manner that is consistent with the conservation purposes of this Conservation Easement. Any structures required
<br /> for permitted purposes shall be located only within the Farmstead Areas, as shown on Exhibit D. Any permanent
<br /> or temporary structure or otherwise addition to the impervious surface shall not cause the total impervious surface
<br /> restriction of the Protected Property to exceed two percent.
<br /> Grantor has the right to establish and carry out customary rural enterprises provided said activities are compatible
<br /> with the Conservation Purposes of this Conservation Easement and agriculture and forestry uses of the Protected
<br /> Property, and are subordinate to the agricultural and residential use of the Protected Property. The enterprises shall
<br /> be conducted in the buildings required for the agricultural use of the Protected Property or the residences in which
<br /> full time employees of the farm reside. Enterprises which market petroleum or chemical products are prohibited.
<br /> For purposes herein,the term"Ecotourism" shall be broadly defined to mean tourism and activities that are carried
<br /> out in a relatively undisturbed natural area that serves as a tool for the education, appreciation, and promotion of
<br /> natural and cultural heritage that has minimal negative impacts on the environment and farming resources of the
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