Orange County NC Website
Draft 12/1/03 (clean) 12 <br />Conservation Plan and prepared by a professional forester approved by Grantee, such approval <br />to not be unreasonably withheld. <br />Trees may be planted, harvested and removed within the area identified and marked as <br />"Farmstead Area" on Exhibit B without the advance written permission of the Grantee. <br />11, Mining <br />There shall be no filling, excavation, dredging, mining or drilling, removal of topsoil, <br />sand, gravel, rock, peat, minerals or other materials; and no change in the topography of the <br />land in any manner except as necessary for the purpose of combating erosion or flooding and <br />as reasonably necessary for any permitted maintenance, construction or reconstruction on the <br />Property. <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 existing road within the Farmstead Area, as indicated <br />on 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 on the <br />Property, except as reasonably required for the use of the Property for agricultural activities, <br />and except as in accordance with applicable local, state and federal laws and regulations. <br />Materials located in dump sites existing as of'the date of this Easement, as indicated on Exhibit <br />B, may remain as long as there is no additional waste added to or other expansion of those <br />sites. The storage of agricultural products, byproducts and agricultural equipment on the <br />Property, so long as such storage is done in accordance with all applicable government laws <br />and regulations, is permitted.. <br />14. Water Rights <br />Grantors shall retain and reserve the right to use any appurtenant water rights sufficient <br />to maintain the agricultural productivity of the Property. Grantors shall not transfer, encumber, <br />lease, sell or otherwise separate such water rights from title to the Property itself.. <br />