Orange County NC Website
P <br /> I, <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 : (1) 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 and Amenities . Design and construction of the Trail and <br /> Amenities will be planned and built to minimize environmental impacts to the extent practical . <br /> Trees that fall within the Trail Easement area as a result of natural cause or "Acts of God" , and <br /> c <br /> idered within the parameters of Section 6 . 2 "Upkeep <br /> obstruct passage through are hereby cons <br /> and Maintenance " , and removal from the Trail Easement Area will be the sole responsibility of <br /> the Grantee . <br /> 4 . 7 . Wetlands and Water QualitX . There shall be no pollution or alteration of water bodies <br /> and no activities that would be detrimental to water purity or that would alter natural water <br /> levels , drainage , sedimentation and/or flow in or over the Trail Area or into any surface waters , <br /> or cause soil degradation or erosion nor diking, dredging, alteration, draining, filling or removal <br /> of wetlands , except activities for the above and activities to restore natural hydrology or wetlands <br /> enhancement as permitted by Grantee and appropriate governmental authorities . <br /> 4 . 8 . 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 /> ilers , machinery and recreational vehicles shall not be stored on the <br /> prohibited . Automobiles , tra <br /> Trail Area . <br /> 4 . 9 . Mineral Use , Excavation, Dredging . There shall be no filling, excavation, dredging, { <br /> mining or drilling ; no removal of topsoil , sand, gravel, rock, peat minerals or other minerals , and <br /> il Area in any manner except as reasonably necessary for <br /> no change in the topography of the Tra <br /> the purposes of combating erosion and as reasonably necessary for any activities otherwise <br /> i l Area pursuant to the terms of this Easement , <br /> permitted on the Tra r <br /> ARTICLE V. FEDERAL TAX ITEMS <br /> 5 . 1 . Qualified Conservation Contribution . The Easement granted under this agreement has <br /> been donated in whole or in part to Grantee by the undersigned Grantors . It is intended to <br /> qualify as a charitable donation of a partial interest in real estate (as defined under <br /> § 170 (f) (3 ) (B ) (iii) of the Code) to a qualified organization (as defined in § 1 . 170A- 14 (c) ( 1 ) of the <br /> Regulations) . <br /> 5 . 2 . Definitions of Code and Regulations . " Code " means the Internal Revenue Code of 1986 , <br /> as amended through the applicable date of reference . "Regulations " mean the provisions of <br /> C . F . R. § 1 . 170A- 14 as amended through the applicable date of reference . <br /> - 6 - <br />