AG 2012 11 19 - Laserfiche WebLink

Home Browse Search

conducted according to the requirements hereof and those incorporated herein from the Grant Agreement, and pursuant to all applicable laws, rules, regulations and permits. Notwithstanding the foregoing, all amenities and improvements to be located on the Easement Area shall comply with the terms set forth herein and incorporated herein by reference from the Grant Agreement. ARTICLE IV. PROHIBITED AND RESTRICTED ACTIVITIES AND USES A. Prohibited Activities and Uses. Any activity on, or use of, the Easement Area inconsistent with the purposes of this Stormwater Easement is prohibited. The Easement Area shall be maintained in a manner, and be restricted from any development or use, that would impair or interfere with the purposes of this Stormwater Easement. Except for those rights specifically reserved to Grantor in Article II and affirmatively granted to Grantee in Article III, and without limiting the generality of the foregoing, the following activities and uses are expressly prohibited on and in the Easement Area: (1) Industrial, Residential and Commercial Uses Industrial, residential and commercial activities and the rights of passage for such purposes. (2) Agricultural, Grazing and Horticultural Use Agriculture, grazing, horticultural and animal husbandry operations. (3) New Construction Buildings, facilities, mobile homes, antennas, utility poles, towers, and other structures. (4) Dumping or Storing Dumping or storage of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances or machinery, or other material. (5) Mitigation The Easement Area nor any portion thereof may be used to satisfy compensatory mitigation requirements under 33 USC Section 1344 or NCGS §143-214.11 or any successor or replacement provision of the foregoing. B. Restricted Activities and Uses. Except for those rights specifically reserved to Grantor in Article II and affirmatively granted to Grantee in Article III, and without limiting the generality of the foregoing, the following activities and uses are expressly restricted on and in the Easement Area: (1) Cutting of Vegetation Except as related to removal of non - native plants, diseased or damaged trees, and vegetation that obstructs, destabilizes or renders unsafe the Easement Area to persons or natural habitat or as necessitated by the activities described in Article III.B., above, all cutting, removal, mowing, harming, or destruction of any trees and vegetation on the Easement Area is prohibited. (2) Stream Crossings and Roads New stream crossings for livestock and access to adjacent property are prohibited, except as approved in writing, in advance by the Grantee, with the understanding that any crossing may not impede now of water or aquatic life. Existing roads, trails, or paths may be maintained with loose gravel or permanent vegetation to stabilize or cover the surfaces. CWMTF Stormwater Easement Template, rev 0 4 3/9/2010 Attachment number 1 F -8 Page 75