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AG 2012 09 17
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AG 2012 09 17
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Last modified
9/19/2012 8:08:08 AM
Creation date
11/27/2017 11:11:19 AM
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Template:
Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
9/17/2012
Board
Board of Commissioners
Meeting Type
Regular
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Attachment E <br />G. Natural Resource Restoration and Enhancement Activities <br />Notwithstanding any terms contained within this Conservation Easement, Grantor(s) may engage or contract <br />others to engage in any activity designed to repair, restore, or otherwise enhance the natural resources found <br />or once present on the Property, so long as such uses do not significantly diminish or impair the conservation <br />values of the Property. <br />H. Grantor's Road Construction <br />Construction and maintenance of unpaved farm roads that may be reasonably necessary and incidental to <br />carrying out the improvements and uses permitted on the Property by this Conservation Easement are <br />permitted. <br />I. Mining <br />There shall be no filling; excavation; dredging; mining; removal of topsoil, sand, gravel, rock, peat, minerals or <br />other materials; and no change in the topography of the land in any manner except as necessary for the <br />purpose of combating erosion or flooding and as reasonably necessary for any permitted maintenance, <br />construction or reconstruction on the Property. <br />J. Trash and Hazardous Waste <br />No trash, refuse, vehicle bodies or parts, rubbish, debris, junk, waste, radioactive or hazardous waste shall be <br />placed, stored, dumped, buried or permitted to remain on the Property. Except that, the storage of agricultural <br />products, byproducts (including the composting of biodegradable material for on -farm use) and agricultural <br />equipment on the Property is allowable, so long as such storage is done in accordance with all applicable <br />government laws and regulations and in such a manner so as to not impair the conservation values of the <br />Property. <br />K. Farm and Forestlands <br />Agricultural operations including, but not limited to, timber harvesting, grazing, horticulture and animal <br />husbandry are permitted on the Property. <br />L. Transfer of Property <br />Grantor(s) agree to incorporate by reference the terms of this Conservation Easement in any deed or other <br />legal instrument by which they transfer or divest themselves of any interests, including leasehold interests, in <br />all or a portion of the Property. Failure of Grantor(s) to comply with this section shall not impair the validity of <br />this Conservation Easement as to successor owners or limit its enforceability in any way, nor shall any <br />Grantor's failure to comply with this section constitute a default under this Conservation Easement. <br />M. Transfer of Conservation Easement <br />Subject to the contingent rights of the State of North Carolina with timely written notice and approval of the <br />North Carolina Department of Agriculture and Consumer Services, the Grantee shall have the right to transfer <br />this Conservation Easement to any public agency or private nonprofit organization that, at the time of transfer, <br />is a qualified organization under 26 U.S.C. §170(h) of the Internal Revenue Code, as amended and under <br />NCGS 121 -34 et seq., provided the agency or organization expressly agrees to assume the responsibility <br />imposed on the Grantee by this Conservation Easement. As a condition of such transfer, Grantee shall <br />require that the conservation purposes intended to be advanced hereunder shall be continued to be carried <br />out. If the Grantee ever ceases to exist or no longer qualifies under 26 U.S.C. §170(h) of the Internal Revenue <br />Code, or applicable state law, a court with jurisdiction shall transfer this Conservation Easement to another <br />Attachment number 3 <br />F -6 Page 130 <br />
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