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AGRICULTURAL CONSERVATION EASEMENT PROGRAM - AGRICULTURAL LAND EASEMENT <br />12 <br /> <br />transfer, encumber, lease, sell or otherwise separate such water rights from title to the <br />Protected Property itself. <br /> <br />3.9. Land Application. The land application, storage and placement on the Protected Property of <br />domestic septic effluent and municipal, commercial or industrial sewage sludge or liquid <br />generated from such sources for agricultural purposes may be undertaken only if in accordance <br />with all applicable federal, state and local laws and regulations and in accordance with the <br />ALE Plan. Spray irrigation of domestic septic effluent to serve the Protected Property’s <br />dwelling(s) is prohibited. <br /> <br />3.10. Natural Resource Restoration and Enhancement Activities. Notwithstanding any terms <br />contained in this Agricultural Land Easement, Grantor may engage or contract others to <br />engage in any activity designed to repair, restore, or otherwise enhance the natural resources <br />found or once present on the Protected Property, that are consistent with the Conservation <br />Values of this Easement and the ALE Plan and subject to the written approval of Grantee. <br /> <br />3.11. Pond Creation, and Wetland Restoration. The Grantor is permitted to construct ponds and <br />restore wetlands in accordance with the ALE Plan and NRCS standards and specifications. <br />Ponds must support agricultural operations such as irrigation, livestock water supplies, or fire <br />control. Wetlands must be either used to treat agricultural waste or support critical habitat <br />needs for wildlife species. The size of ponds and wetlands must be supported by appropriate <br />documentation in the ALE Plan. <br />3.12 Grassland Use of the Protected Property Grantors are allowed to graze, hay harvest for hay <br />and non-crop seed production, mow, construct fire breaks, conduct fire pre-suppression and <br />rehabilitation activities, and conduct common grazing practices, including cultural practices, <br />consistent with the provisions and conservation purposes of this ALE. The term “common <br />grazing practices” means those practices customary to the region where the Protect Property is <br />located to livestock grazing, forage management, and maintenance of infrastructure required to <br />conduct livestock grazing on the Protected Property. Grantors must not hay, mow, or harvest <br />for seed during certain nesting seasons for birds whose populations are in significant decline as <br />identified by Grantee or NRCS in the ALE plan. Determinations of nesting seasons for birds <br />whose populations are in significant decline will be made in writing to the Grantors, or set <br />forth within the ALE Plan for the Protected Property. <br /> <br />ARTICLE IV. ONGOING RESPONSIBILITY OF GRANTOR AND GRANTEE <br /> <br />Other than as specified herein, this Agricultural Land Easement is not intended to impose any legal <br />or other responsibility on the Grantee or the United States, or in any way to affect any existing <br />obligation of the Grantor as owners of the Protected Property. <br /> <br />Due to the State’s interest in this Agricultural Land Easement other than as specified herein, this <br />Agricultural Land Easement is not intended to impose any legal or other responsibility on the <br />NCDA&CS, or in any way to affect any existing obligation of the Grantor as owners of the <br />Protected Property. <br /> <br />Among other things, this shall apply to: <br /> <br />4.1. Taxes. The Grantor shall continue to be solely responsible for payment of all taxes and <br />assessments levied against the Protected Property. If the Grantee is ever required to pay any <br />taxes or assessments on its interest in the Protected Property, the Grantor shall upon demand <br />reimburse the Grantee for the same.