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Walters Conservation Easement draft p5/i8/Oi <br />the advance written permission of the Grantee. The Grantee shall not give such permission, <br />unless the Grantee determines that the proposed mining or extraction will not substantially <br />diminish or impair the conservation values of the Property. Notwithstanding, any other <br />provision of this Easement, not more than two (2) surface acres of the Property may be <br />disturbed by mining or other extractive activities as .may be reasonably necessary and <br />incidental to carrying out the improvements and agricultural uses permitted on the property by <br />this Easement. Such activities are permitted only to the extent they are consistent with Internal <br />Revenue Code Sections 170(h)(5) and (6) and Treasury Regulation Section 1.I 70A-14(8)(4) <br />and State law and Orange County zoning, erosion control and other applicable regulatians. <br />12. Paving and Road Construction <br />Construction and maintenance of unpaved farm roads that may be reasonably necessary <br />and incidental to carrying out the improvements and uses permitted on the Property by this <br />Easement are permitted. Other than the approved roads and barnyard areas indicated on <br />Exhibit B, no portion of the Property shall be paved or otherwise covered with concrete, <br />asphalt, or any other impervious paving material, without the advance written permission of <br />the Grantee. The Grantee shall not give such permission unless the Grantee determines that <br />the proposed paving, or covering of the soil, or the location of any such road, will not <br />substantially diminish or impair the conservation values of the Property. <br />13. Dumping and Trash <br />No trash, .refuse, vehicle bodies or parts, rubbish, debris, junk, waste, radioactive or <br />hazardous waste, shall be placed, stored, dumped, buried or permitted to remain an the <br />Property, except as reasonably requixed for the use of the Property for agricultural activities, <br />and except as in accordance with applicable local, state and federal laws and re8ulations. <br />Materials located in dump sites existing as of the date of this Easement, as indicated on Exhibit <br />B, may remain. The storage of agricultural products, byproducts and agricultural equipment <br />on the Property, so long as such storage is done in accordance with all applicable 8overnment <br />laws and regulations, is permitted. <br />14. Water Rights <br />Grantors shall retain and reserve the right to use any appurtenant water rights <br />sufficient to maintain the a8ricultural productivity of the Property. Grantors shall not transfer, <br />encumber, lease, sell or otherwise separate such water rights from title to the Property itself. <br />15. Ongoing Responsibilities of Grantors and Grantee <br />Other than as specified herein, this Easement is not intended to impose any legal or <br />other responsibility on the Grantee, or in any way to affect any existing obligation of the <br />Grantors as owners of the Property. Among other things, this shall apply to: <br />12 <br />7 <br />