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Property, together with any rights not specifically prohibited by or limited by this Easement, and consistent with the
<br />section 1.1., "Statement of Purpose". Unless otherwise specified below, nothing in this Easement shall require the
<br />Grantor to take any action to restore the condition of the Protected Property after any Act of God or other event over
<br />which they have no control. Grantor understands that nothing in this Easement relieves them of any obligation or
<br />restriction on the use of the Protected Property imposed by law. All activities permitted in this Conservation Easement
<br />shall be conducted in a manner consistent with the terms of this Conservation Easement that minimizes impairment of and
<br />interference with the Conservation Values, and is in accordance with applicable federal, state and local regulations.
<br />3.1. Agricultural Production. Grantor retains the right to use the Protected Property for agricultural production or to
<br />permit others to use the Protected Property for agricultural production, in accordance with applicable law and in
<br />accordance with NRCS Conservation Plan.
<br />As used herein "agricultural production" means any use consistent with the definitions contained in North Carolina
<br />General Statute § 106-581.1 including but not limited to the production, processing, storage, or retail marketing of
<br />crops, livestock and livestock products. For purposes hereof, crops, livestock, and livestock products include, but
<br />are not limited to:
<br />(a) Crops commonly found in the community surrounding the Protected Property;
<br />(b) Field crops, including corn, soybeans, small grains, hay, potatoes, cotton, tobacco, herbs, and dry beans;
<br />(c) Fruits, including apples, peaches, grapes, cherries, nuts and berries;
<br />(d) Vegetables, including lettuce, tomatoes, snap beans, cabbage, carrots, beets, onions, mushrooms, and soybeans;
<br />(e) Horticultural specialties, seeds, Christmas trees, and flowers, production of sod or other crops where soil is
<br />removed above tolerable limits from the farm are prohibited;
<br />(f) Livestock and livestock products, including dairy cattle, beef cattle, sheep, swine, goats, horses, poultry, fur
<br />bearing animals, bees, milk and other dairy products, eggs and furs;
<br />(g) Timber, wood, and other wood products derived from trees;
<br />(h) Aquatic plants, aquatic animals, and their byproducts.
<br />3.2. Right to Privacy. Grantor retains the right to privacy and the right to exclude any member of the public from
<br />trespassing on the Protected Property. This Easement is not intended to create any rights of the public in, on or to
<br />the Protected Property.
<br />3.3. Right to Use the Protected Property for Customary Rural Enterprises. Grantor retains the right to use the Protected
<br />Property, for otherwise lawful and customary rural enterprises, such as, but not limited to, farm machinery repair,
<br />sawmills, firewood distribution, for nature and historic tours, equestrian activities, and other passive or
<br />"Ecotourism", "Agritourism" and "Special Events" as defined herein, educational programs or farm meetings and
<br />like activities, so long as such activities are consistent with County zoning regulations and permits
<br />required by and issued by County under its laws and ordinances. Any structures required for
<br />permitted purposes shall be located only within the Farmstead Areas, as shown on Exhibit .Any permanent or
<br />temporary structure or otherwise addition to the impervious surface shall not cause the total impervious surface
<br />restriction of the Protected Property to exceed two percent.
<br />Grantor has the right to establish and carry out customary rural enterprises provided said activities are compatible
<br />with the Conservation Purposes of this Conservation Easement and agriculture and forestry uses of the Protected
<br />Attachment number 2 \n
<br />F-10 Page 239
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