Orange County NC Website
Browse       Search
10 <br /> 1. PURPOSE <br /> The purposes of this Conservation Easement are: (1) to assure, subject to the reservations herein <br /> set out, that the Property will be retained forever predominantly in its natural, scenic, rural, <br /> forested, agricultural, and open space condition; (2) to protect and maintain agricultural soils, <br /> native plants, animals, and plant communities on the Property, while allowing traditional uses on <br /> the Property that are compatible with and not destructive of the Conservation Values of the <br /> Property, such as timber harvesting, grazing, agriculture, hunting, and other similar recreational <br /> use; and (3) to prevent any use of the Property that will significantly impair or interfere with the <br /> Conservation Values or interests of the Property. The goal is to allow long-term responsible <br /> management of forest and agricultural resources in a manner that does not compromise water <br /> quality, wildlife habitat, unique plant communities or other cultural, historic or natural resource <br /> values on the Property. <br /> Grantor will not perform, nor knowingly allow others to perform, any act on or affecting the <br /> Property that is inconsistent with the purposes of this Conservation Easement. All rights reserved <br /> by Grantor are considered to be consistent with the conservation purposes of this Conservation <br /> Easement and require no notification to or approval by Grantee unless expressly provided for <br /> hereunder. Grantor understands that nothing in this Conservation Easement relieves Grantor of <br /> any obligation or restriction on the use of the Property imposed by law. <br /> 2. PROPERTY USES <br /> Grantor reserves to itself, its successors and assigns, all rights accruing from its ownership of the <br /> Property, including the right to engage in, or permit or invite others to engage in, all uses of the <br /> Property that are not expressly prohibited herein and are not inconsistent with this Conservation <br /> Easement. Any activity on, or use of, the Property inconsistent with the purposes of this <br /> Conservation Easement is prohibited. The Property shall be maintained in its natural, scenic and <br /> open condition and restricted from any development that would significantly impair or interfere <br /> with the Conservation Values of the Property. Without limiting the generality of the foregoing, <br /> the following is a list of activities and uses which are expressly prohibited or which are expressly <br /> allowed. <br /> (A) Forest Management <br /> Except as prohibited within the Water Quality Buffer pursuant to the terms of Section 2(E) <br /> below, forest management to maintain the general health of the forest ecosystem and <br /> generate occasional income from the harvest and sale of forest products, including the <br /> harvesting of timber and cutting or destruction of trees or other plants, may be allowed <br /> with the prior written approval of the Grantee and in accordance with this Section 2(A). <br /> All forest management activities must be (1) in accordance with a written forest <br /> management plan prepared by a North Carolina registered forester ("Forest Management <br /> Plan"), and (2) approved in advance by the Grantee. The Forest Management Plan must <br /> be updated and re-approved by Grantee at least every ten (10) years so long as Grantor <br /> wishes to continue to actively manage the forest or harvest forest products. If no forest <br /> 4 <br />