10
<br /> 4.1. Trail Area Use. Access to the Trail Area by the general public is subject to the following
<br /> limitations:
<br /> (a) The Trail may be used only for walking, running, hiking, nature study, and the like.
<br /> (b) Use is limited to the hours between dawn and dusk.
<br /> (c) Smoking or lighting of fires is prohibited.
<br /> (d) Consumption of alcoholic beverages is prohibited.
<br /> 4.2. Mechanized Vehicles. There shall be no use of motorized or mechanized vehicles on the
<br /> Trail Area except as necessary for the construction, maintenance, operation and management of
<br /> the North Carolina Mountains-to-Sea Trail. Bicycles are considered to be mechanized vehicles
<br /> for the purposes of this Easement.
<br /> 4.3. Industrial or Commercial Use: Industrial and commercial activities are prohibited in the
<br /> Trail Area.
<br /> 4.4. Residential Use, Structures, and Signs. There shall be no residential use of the Trail
<br /> Area. There shall be no constructing or placing of any building, mobile home, billboard or other
<br /> advertising display, antenna, utility pole, tower, conduit line, or any other temporary or
<br /> permanent structure or facility on or above the Trail Area except for the following: underground
<br /> utilities such as fiber optic cable or other communication and internet providing lines, placement
<br /> and display of no trespassing signs, local, state or federal traffic or similar informational signs,
<br /> boundary fencing, signs identifying the Conservation Values of the Trail Area, and/or signs
<br /> identifying Grantor as owner of the Property and Grantee as holder of this Easement, signs
<br /> identifying the Trail Area as a part of the North Carolina Mountains-to-Sea Trail, signs giving
<br /> directions or prescribing rules and regulations for the use of the Trail Area, educational and
<br /> interpretative signs, identification labels or any other similar temporary or permanent signs.
<br /> 4.5. Agricultural, Timber Harvesting, Grazing and Horticultural Use. Agricultural, timber
<br /> harvesting, grazing, horticultural and animal husbandry operations are prohibited; provided that
<br /> this provision shall not prohibit plantings for wildlife habitat or wildlife management.
<br /> 4.6. Disturbance of Natural Features, Plants and Animals. There shall be no cutting or
<br /> removal of trees, or the disturbance of other natural features on the Trail Area except for the
<br /> following: (i) as incidental to boundary marking or fencing as allowed hereunder; and (ii)
<br /> cutting or clearing of vegetation for insect or disease control, control of non-native plants,
<br /> removal of trees that threaten to fall on the Trail Area or on land outside the boundaries of the
<br /> Trail Area and as necessary for the construction, maintenance, operation and management of the
<br /> North Carolina Mountains-to-Sea Trail. Design and construction of the North Carolina
<br /> Mountains-to-Sea Trail will be planned and built to minimize environmental impacts to the
<br /> extent practical.
<br /> 4.7. Dumping and Filling. The dumping, accumulation, storage, or burying of soil, trash,
<br /> ashes, garbage, waste, appliances, abandoned or unlicensed vehicles, inoperable or broken
<br /> machinery, debris, junk, radioactive or hazardous waste, or other materials on the Trail Area is
<br /> -5-
<br />
|