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<br /> (E) Surface Water Protection and Water Quality Buffer; Ponds
<br /> There shall be no activities, pollution, or surface alteration that would be detrimental to
<br /> water purity or that would alter natural water levels, drainage, sedimentation, and/or flow
<br /> in or over the Property or into any surface waters, or cause soil degradation or erosion,
<br /> including but not limited to any sort of diking, dredging, alteration, draining, or filling or
<br /> removal of wetlands, except as a necessary part of restoring natural hydrology, enhancing
<br /> wetlands, or improving water quality, as permitted by state and any other appropriate
<br /> authorities, and then only after written approval is granted by the Grantee for such
<br /> activities. For purposes herein, "surface waters" shall be defined as including but not
<br /> limited to intermittent streams, perennial streams, lakes, ponds and estuaries. Provided,
<br /> however, that the foregoing is not intended to prohibit the forest management and harvest
<br /> activities allowed pursuant to Section 2(A), the agricultural and horticultural activities
<br /> allowed pursuant to Section 2(B), the construction of structures and improvements
<br /> otherwise allowed pursuant to Section 2(D), the roads permitted pursuant to Section 2(F),
<br /> and pond maintenance and any activities reasonably required to prevent flooding or erosion
<br /> as permitted pursuant to this Section 2(E).
<br /> Notwithstanding the foregoing, Grantor may undertake reasonable steps to prevent
<br /> flooding or erosion as permitted by state and other applicable governmental authorities,
<br /> and only after written approval of the Grantee.
<br /> Certain lakes, ponds, marshes, wetlands, or other water bodies ("Waterways") are located
<br /> on the Property as more fully described in the Baseline Documentation Report. The
<br /> Waterways(including their bed and banks)together with the adjoining land measuring 100
<br /> feet landward from the Top of the Banks of the Waterways (to the extent that the land is
<br /> located within the Property) are hereby designed as the "Water Quality Buffer." If the
<br /> position of the Waterways and the Top of the Banks of the Waterways shift with time, the
<br /> Water Quality Buffer moves with them. The term "Top of the Bank" is the elevation at
<br /> which rising waters begin to inundate the floodplain. In the case of ambiguous, indefinite,
<br /> or nonexistent floodplain or question regarding location, the Top of the Bank shall be the
<br /> bankfull water elevation as delineated by a person trained in fluvial geomorphology.
<br /> Grantor may mark the boundaries of the Water Quality Buffer, and any question arising as
<br /> to the boundaries of the Water Quality Buffer shall be resolved reasonably by Grantee
<br /> based on the conservation purposes of this Conservation Easement. Commercial forestry,
<br /> agricultural, horticultural and animal husbandry operations, grazing, timber removal,
<br /> cutting, logging, and mowing or other disturbance or interference of native plants are
<br /> prohibited within the Water Quality Buffer. The cutting or removal of trees or other
<br /> vegetation, dead or alive, or the disturbance of other natural resources is prohibited except
<br /> for removal of hazards to visitors, control of disease that would damage or reduce the
<br /> significance of the Water Quality Buffer,removal of non-native plant species,reduction of
<br /> fire fuel load after severe storm damage, trail clearance or maintenance, or for purposes of
<br /> maintenance or restoration of natural communities or rare species populations in the Water
<br /> Quality Buffer consistent with the conservation purposes of this Easement. Salvage timber
<br /> cuts after a natural catastrophe will be allowed in Water Quality Buffer, but only with the
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