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21 <br /> prior consent of Grantee, and only in a manner that will contribute to the recovery of the <br /> prevailing natural conditions of the forest. Construction of roads, trails, and paths on the <br /> Property within the Water Quality Buffer is prohibited, except for (1) the maintenance of <br /> those unpaved paths that exist as of the date of this Conservation Easement as described in <br /> the Baseline Documentation Report, if any, and (2) construction and maintenance of <br /> primitive foot paths limited to single file pedestrian traffic. The unpaved paths may not be <br /> widened or covered with asphalt or other impervious materials. Construction of buildings, <br /> structures, and improvements (including but not limited to minor structures and fences) <br /> within the Water Quality Buffer is prohibited. <br /> Prior to engaging in any activity outside of the Water Quality Buffer that may result in the <br /> degradation of Water Quality Buffer,the Grantor agrees to consult with the Grantee and/or <br /> appropriate governmental agencies to ensure that any potential degradation is avoided or <br /> minimized. <br /> As of the date of this Conservation Easement, no pond exists on the Property. <br /> (F) Construction and Maintenance of Roads <br /> Subject to Section 2(D) above, construction and maintenance of unpaved farm roads that <br /> may be reasonably necessary and incidental to carrying out the improvements and uses <br /> permitted on the Property by this Conservation Easement are permitted with the prior <br /> written approval of Grantee as to location and width. No portion of the Property shall be <br /> paved or otherwise covered with concrete,asphalt,or any other impervious paving material <br /> without the advance written permission of the Grantee. For the purposes of this <br /> Conservation Easement, gravel shall not be considered an impervious material. In <br /> determining whether to grant permission as provided in this Section, Grantee shall take <br /> into account the impact of the new road on the aesthetic quality of the Properly, water <br /> quality and other environmental issues, the value of the Property as an open space, any <br /> endangered or threatened species on the Property and such other considerations as Grantee <br /> shall deem just and proper in order to ensure that any new road and/or utilities do not permit <br /> the destruction of any "significant conservation interest" as that phrase is used in Treas. <br /> Reg. § 1.170A-14(e)(2), or otherwise undermine the conservation purposes of this <br /> Conservation Easement. <br /> (G) Excavation, Dredging, or Mineral Use <br /> There shall be no filling, excavation, dredging, mining, or drilling which materially affects <br /> the topography of the land or is detrimental in any material way to the flora and fauna on <br /> the Property, no removal of topsoil, sand, gravel, rock, peat, minerals or other materials, <br /> and no change in the topography of the land in any manner except as necessary to allow <br /> permitted uses set forth in Section 2(B) above, to allow the construction of the <br /> improvements allowed in Section 2(D) above, for the purpose of combating erosion or <br /> flooding as allowed in Section 2(E) above, to allow the construction of roads allowed in <br /> Section (F) above, and for the maintenance of existing roads, hiking and horseback trails <br /> as documented in the Baseline Documentation Report. <br /> 15 <br />