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<br /> or water flow in, on, or over the Property or into any surface waters. There shall be no
<br /> construction or other activities that would cause soil degradation or erosion. There shall be no
<br /> diking, dredging, alteration, draining, filling, or removal of wetlands, except as a necessary part
<br /> of restoring natural hydrology, enhancing wetlands, or improving water quality, as permitted by
<br /> state and any other appropriate authorities, and then only after written approval is granted by the
<br /> Fund for such activities.
<br /> H. Dumper. Dumping of soil, trash, ashes, garbage, waste, abandoned vehicles,
<br /> appliances, machinery, or other materials on the Property is prohibited.
<br /> I. Conveyance and Subdivision. The Property shall not be divided, subdivided, or
<br /> partitioned. Interests in the Property, including, but not limited to the fee simple interest, shall
<br /> not be divided, subdivided, or partitioned. Without limiting the foregoing, the Property shall not
<br /> be conveyed except in its current configuration as a single parcel of property.
<br /> J. Open Space and Development Rights. The Property shall not be used to satisfy
<br /> open space or density requirements of any cluster or other development scheme or plan. The
<br /> development rights encumbered by this Conservation Easement shall not be transferred to any
<br /> other land pursuant to a transfer of development rights scheme, a cluster development
<br /> arrangement, or otherwise.
<br /> K. Mitigation._ There shall be no use of the Property or any portion thereof to satisfy
<br /> compensatory mitigation requirements under 33 USC Section 1344, NCGS §143-214.11, or
<br /> otherwise, or any successor or replacement provision of the foregoing.
<br /> ARTICLE IV. ENFORCEMENT AND REMEDIES
<br /> A. Enforcement and Remedies. To accomplish the purpose(s) of this Conservation
<br /> Easement, Grantee is allowed to prevent any activity on or use of the Property that is inconsistent
<br /> with the purpose(s) of this Conservation Easement, and to require the prompt restoration to the
<br /> condition required by this Conservation Easement of such areas or features of the Property that
<br /> may have been damaged by such activity or use. Upon any breach of the terms of this
<br /> Conservation Easement by Grantor that comes to the attention of the Grantee, the Grantee shall,
<br /> except as provided below, notify the Grantor in writing of such breach. The Grantor shall have
<br /> ninety(90) days after receipt of such notice to correct the conditions constituting such breach. If
<br /> the breach remains uncured after ninety (90) days, the Grantee may enforce this Conservation
<br /> Easement by appropriate legal proceedings for damages, injunctive relief, and any other legal or
<br /> equitable remedy. The Grantee shall also have the power and authority, consistent with its
<br /> statutory authority: (a) to prevent any impairment of the Property by acts which may be unlawful
<br /> or in violation of this Conservation Easement; (b) to otherwise preserve or protect its interest in
<br /> the Property; or (c) to seek damages from any appropriate person or entity. Notwithstanding the
<br /> foregoing, the Grantee reserves the immediate right, without notice, to obtain a temporary
<br /> restraining order, injunction, or other appropriate relief if the breach of the term of this
<br /> Conservation Easement is or would irreversibly or otherwise materially impair the benefits to be
<br /> derived from this Conservation Easement. The Grantor and Grantee acknowledge that under
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<br /> Combined
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