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10 <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 railing as allowed hereunder; and (ii) cutting <br /> or clearing of vegetation for insect or disease control, control of non-native plants, removal of <br /> trees that threaten to fall on the Trail Area or on land outside the boundaries of the Trail Area <br /> and as necessary for the construction, maintenance, operation and management of the North <br /> Carolina Mountains-to-Sea Trail. Design and construction of the North Carolina Mountains-to- <br /> Sea Trail will be planned and built to minimize environmental impacts to the extent practical. <br /> 4.7. Wetlands and Water Quality. 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 related to construction of a pedestrian bridge as set for the above <br /> and activities to restore natural hydrology or wetlands enhancement as permitted by Grantee and <br /> 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 /> prohibited. Automobiles, trailers, machinery and recreational vehicles shall not be stored on the <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 /> no change in the topography of the Trail Area in any manner except as reasonably necessary for <br /> the purposes of combating erosion and as reasonably necessary for any activities otherwise <br /> permitted on the Trail Area pursuant to the terms of this Easement. <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 Grantor. It is intended to qualify <br /> as a charitable donation of a partial interest in real estate (as defined under §170(f)(3)(B)(iii) of <br /> the Code) to a qualified organization (as defined in §1.170A-14(c)(1) of the 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 />