Common use of Conservation Area Clause in Contracts

Conservation Area. a. Subject to obtaining any required State of North Carolina approval, the University shall convey one or more conservation easements for the areas described in this Section to the State, a local government, or a body that is both organized to receive and administer lands for conservation purposes and qualified to receive charitable contributions pursuant to G.S. 105-130.9. The conservation area required by this section comprises approximately 311 acres. b. It is the intent of the Town and University that the conservation easement(s) shall constitute a “conservation agreement” as defined by G.S. 121-35(1) in that the conservation easement(s) shall serve to retain the applicable land and water areas predominantly in their natural, scenic or open condition. In general, the conservation easement(s) shall forbid or limit any or all (i) construction or placing of buildings, roads, signs, billboards or other advertising, utilities or other structures on or above the ground, (ii) dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash, waste or unsightly or offensive materials, (iii) removal or destruction of trees, shrubs or other vegetation, (iv) excavation, dredging or removal of loam, peat, gravel, soil, rock or other mineral substance in such manner as to affect the surface, (v) surface use except for agricultural, farming, forest or outdoor recreational purposes or purposes permitting the land or water area to remain predominantly in its natural condition, (vi) activities detrimental to drainage, flood control, water conservation, erosion control or soil conservation, or (vii) other acts or uses detrimental to such retention of land or water areas. The conservation easement(s) shall allow the University to undertake appropriate research and educational activities within the area covered by the easement. The conservation easement(s) shall not automatically preclude utility and road crossings that are consistent with the provisions of the Resource Conservation District provisions of Section 3.6.3 of the LUMO and the terms of this Agreement. c. This conservation easement(s) shall cover the following critical natural areas located within the Carolina North Tract: Those six areas labeled areas 1, 2, 3, 4, 5, and 6A within the Carolina North Tract set forth on Map G-1 attached to this Exhibit (approximately 311 acres). These six areas include all of those lands identified as Most Suitable for Conservation (EW) in the Weighted Analysis Land Areas by Land Suitability Index Category set forth on page 11 of the Ecological Assessment report dated October 2007 along with additional surrounding lands. This weighted analysis in the Ecological Assessment particularly emphasizes Landscape Ecology metric classification values. It emphasizes wildlife corridor regional importance, width, and structural integrity, as well as forest patch and forest interior patch sizes. It encompasses critical ecological attributes that are not afforded regulatory protections comparable to floodplains and stream buffers, input received from stakeholders, and the best professional judgment of the consulting team that prepared the Ecological Assessment. d. The conservation easement(s) shall run in perpetuity. e. The draft conservation easement(s) shall be submitted to the Manager for review and approval prior to recordation. A copy of the recorded conservation easement(s) shall be submitted to the Manager prior to the issuance of the initial site development permit within the Carolina North project. Provided, the conservation easement(s) shall not be required to be conveyed to the receiving entity prior to the issuance of a required state or federal permit for wetland alteration on the Carolina North site in order that the easement(s) can be considered a mitigation measure for development of the Carolina North project.