Orange County NC Website
Browse       Search
12 <br /> animals." <br /> (ii) All farming operations shall be in accordance with Best Management <br /> Practices of the State of North Carolina and applicable federal, state, and local laws <br /> under a "Conservation Plan" a copy of which shall be provided to Grantee. The <br /> Conservation Plan shall be developed using the standards and specifications of the <br /> Natural Resource Conservation Service (MRCS)Field Office Technical Guide and <br /> 7 CFR Part 12 or equivalent standards developed by the appropriate federal, state <br /> or local conservation entity if these standards are no longer the standards used by <br /> the industry; any change in agricultural use or activity shall require updating of the <br /> Conservation Plan as may be required pursuant to such standards and <br /> specifications. The Grantor may develop and implement a Conservation Plan that <br /> proposes a higher level of conservation and that is consistent with the NRCS Field <br /> Office Technical Guide standards and specifications or other such standards and <br /> specifications as developed by the appropriate governmental authority. The <br /> Conservation Plan shall be designed to ensure the maintenance of a good quality <br /> mix of introduced and native grasses and forbs,while managing pests and nutrients <br /> on portions of the Property that are used as pasture land, and protecting soil <br /> stability, water quality and other Conservation Values of the Property on portions <br /> of the Property that are used for agriculture. This Conservation Plan shall be <br /> reviewed and updated every five (5) years unless otherwise permitted by Grantee; <br /> provided, if no active agricultural use is intended,no Conservation Plan is required. <br /> Grantor shall deliver to Grantee copies of all Conservation Plan updates and <br /> modifications promptly upon completion of the same. <br /> (iii) No agricultural activities, whether now existing or commenced in the <br /> future, shall be conducted in any manner that will in the opinion of the Grantee: (a) <br /> adversely impact the water quality of any creek, river, stream, wetland or other <br /> water resource; (b) harm any threatened or endangered species; (c) destroy any <br /> "significant conservation interest" as that phrase is used in Treas. Reg. § 1.170A- <br /> 14(e)(2); or (d) otherwise conflict with the conservation purposes of this <br /> Conservation Easement. <br /> For purposes of this Conservation Easement, "agricultural use" is defined as the science <br /> or practice of farming, including: cultivation of soil for the growing of crops; dairying; <br /> the production, cultivation, growing, and harvesting of any agricultural or horticultural <br /> commodities (as defined in Section 15(g) of the Agricultural Marketing Act, 12 U.S.C. <br /> 1141); the raising of livestock, fur-bearing animals, or poultry; private or commercial <br /> stabling of animals; the rearing of animals to provide food, wool and other products; and <br /> any practices performed by a farmer or on a farm as an incident to or in conjunction with <br /> such farming operations (including preparation for market, delivery to storage or to <br /> market, or to carriers for transportation to market); provided that the foregoing excepts <br /> activities expressly allowed pursuant to Section 2(A) above, and provided further that the <br /> foregoing excepts raising bees (including but not limited to practices incidental to <br /> beekeeping,including harvesting honey),which shall be subject to the terms of the second <br /> paragraph of Section 2(C) below. For purposes of this Conservation Easement, <br /> 6 <br />