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Draft 81,29105 (BOCC) 11
<br />The total cleared, and not re-vegetated, pervious and impervious surfaced areas,
<br />associated with all aforesaid improvements, including, but not limited to, the buildings, parking
<br />lot, and driveway shall not exceed six (6) percent of the total area of the Easement Area.
<br />Furthermore, Grantor and Grantee have no right to agree to any activity that would result in a
<br />violation of'or the termination of this Conservation Easement.
<br />23 Agricultural, Grazing and Horticultural Use. Agricultural, grazing, and
<br />horticultural uses of the Easement Area are prohibited.
<br />2A Timber Harvesting and Forest Management, Commercial timbering of
<br />trees within the Easement Area is prohibited. Trees may be removed, cut and otherwise
<br />managed to control insects and disease, to prevent personal injury and property damage, or to
<br />salvage wind-thrown timber. Such management activities must be pursuant to a Forest
<br />Management Plan prepared by a North Carolina Registered Forester, the selection of'whom is
<br />mutually agreed upon by Grantor and Grantee and which management activities must be agreed
<br />to in advance by Grantee and Grantor,
<br />2.5 Recreational Use. Consistent with the purpose of and the limitations
<br />contained in this Conservation Easement, Grantor shall have the right to engage in and permit
<br />others, whether or not for consideration, to engage in recreational uses of the Easement Area,
<br />including, but not limited to, hiking, picnicking, and other recreational uses that require no
<br />buildings, facilities, surface alteration or other development of the land. Grantor reserves the
<br />right to promulgate and enforce reasonable rules and regulations for all activities incident to
<br />recreational use of the Easement Area, including but not limited to the right to prohibit any
<br />recreational use that would permit destruction of other significant conservation values of the
<br />Easement Area.
<br />2.6 Excavation. There shall be no filling, excavation, dredging, mining or
<br />drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other materials; and no
<br />change in the topography of the land in any manner except as necessary to allow a) the
<br />construction of the improvements permitted herein, b) the maintenance of hiking trails permitted
<br />herein, c) the combating of erosion or flooding, and d) the expansion of the existing pond to a
<br />size no greater than one acre.
<br />2.7 Destruction of Plants. Grantor shall have the right to cut and remove
<br />diseased trees, shrubs, or other plants, to cut and remove invasive (usually non-native) trees,
<br />shrubs and other plants, and to cut firebreaks. Grantor shall also have the right to cut and remove
<br />trees, shrubs, or other plants to accommodate the activities expressly allowed under this
<br />Conservation Easement. There shall be no additional removal, harvesting, destruction or cutting
<br />of native trees, shrubs or other plants. Furthermore, except to accommodate the activities
<br />expressly permitted in this easement, there shall be no use of fertilizers, plowing, introduction of
<br />non-native animals, or disturbance or change in the natural habitat in any manner.
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