Orange County NC Website
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 MountainsAo - Sea Trail . Design and construction of the North Carolina MountainsAo - <br /> Sea Trail will be planned and built to minimize environmental impacts to the extent practical . <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 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 /> iles , trailers , machinery and recreational vehicles shall not be stored on the <br /> prohibited . Automob <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 />