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10 <br />E. Mineral Use, E:~cavation, Dredging. There shall be no filling, excavation, <br />dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other <br />materials, and no change in the topography of the land in any manner except as necessary for <br />the purpose of combating ero~ ion or incidental to any conservation management or trail <br />construction and maintenance activities otherwise permitted in the Easement Area. <br />F. Wetlands and W Ater uali .There shall be no pollution or alteration of water <br />bodies and no activities that would be detrimental to water purity or that would alter natural <br />water levels, drainage, sedimentation and/or flow in or over the Easement Area or into any <br />surface waters, or cause soil del~adation or erosion nor diking, dredging, alteration, draining, <br />filling or removal of wetlands except activities to restore natural hydrology or wetlands <br />enhancement as pemutted by state and any other appropriate authorities. <br />G. Dumping. Dumping of soil, trash, ashes, garbage, waste, abandoned vehicles, <br />appliances, or machinery, or othr~r materials on the Easement Area is prohibited. <br />H. Conveyance an3 Subdivision. The Property may not be subdivided, <br />partitioned nor conveyed, except in its current configuration as an entity or block of property. <br />I. Miti ag tion. There shall be no use of the Easement Area or any portion thereof <br />to satisfy compensatory mitigation requirement under 33 U.S.C. Section 1344 or N.C.G.S. <br />143-214.11. <br />ARTICLE TV. ENFORCEMENT AND REMEDIES <br />A. Enforcement. To accomplish the purposes of this Conservation Easement, Grantee is <br />allowed to prevent any activity on or use of the Easement Area that is inconsistent with the <br />purposes of this Conservation Easement and to require the restoration of such areas or features <br />of the Easement Area that may 17 ave been damaged by such activity or use. Upon any breach <br />of the terms of this Conservation. Easement by Grantor that comes to fhe attention of the <br />Grantee, the Grantee shall, except as provided below, notify the Grantor in writing of such <br />breach. The Grantor shall have c ne hundred twenty (120) days after receipt of such notice to <br />correct the conditions constitutin g such breach. If the breach remains uncured after one <br />hundred twenty (120) days, the Grantee may enforce this Conservation Easement by <br />appropriate legal proceedings including damages, injunctive and other relief. The Grantee <br />shall also have the power and authority, consistent with its statutory authority: (a) to prevent <br />any impairment of the Easement Area by acts which maybe unlawful or in violation of this <br />Conservation Easement; (b) to o'~herwise preserve or protect its interest in the Easement Area; <br />or (c) to seek damages from any appropriate person or entity. Notwithstanding the foregoing, <br />the Grantee reserves the immedi~~te right, without notice, to obtain a temporary restraining <br />order, injunctive or other appropriate relief if the breach of the term of this Conservation <br />Easement is or would irreversibl y or otherwise materially impair the benefits to be derived <br />from this Conservation Easement. The Grantor and Grantee acknowledge that under such <br />circumstances damage to the Gr~intee would be irreparable and remedies at law will be <br />inadequate. The rights and remedies of the Grantee provided hereunder shall be in addition to, <br />10 <br />