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HomeMy WebLinkAboutSD-22-07 - Supplemental - 0047 Cheesefactory Road (10)IV. Ecological Protection Zone The Ecological Protection Zone comprises a significant area of poorly-drained clay soil. The Ecological Protection Zone consists of nine (9) acres, more or less, in the westerly portion of the Protected Property and is generally depicted as “EPZ” on the Hickory Hillside, LLC Farm Plan (hereafter the “EPZ”). The boundaries of the EPZ may be changed from time to time by mutual agreement of Grantors and Grantees, as established by a written agreement recorded in the South Burlington Land Records and depicted on a new Farm Plan signed by Grantors and Grantees. Within the EPZ, the goals, prescriptions, and restrictions of this Section IV are in addition to the provisions of Sections II and III of this Grant, and where inconsistent, the provisions of this Section IV shall control. Within the EPZ the following shall apply: 1. Protection of the wetland, as well as the natural communities that naturally develop in the future in the EPZ, and the ecological processes that sustain them, shall be Grantors’ and Grantees’ highest priority in approving and conducting all activities. 2. All management activities, including without limitation forest management, recreational management and ecological management, shall focus on the goals of a) maintaining soil integrity, natural hydrology, and water quality values, and b) maintaining the natural structure and species composition of the natural communities present or communities that may develop naturally over time, informed by the best current ecological science. 3. All forest management activities shall be conducted pursuant to a forest management plan that is consistent with the Purposes of this Grant and this Section IV. Any such activities shall employ all applicable recommended practices described in the regulations entitled “Acceptable Management Practices for Maintaining Water Quality on Logging Jobs in Vermont” promulgated by the Vermont Department of Forests, Parks and Recreation, dated August 15, 1987, as may be amended from time to time (the “AMPs”). Management of the EPZ shall be informed by the best current ecological understanding of the unique characteristics at this site and the natural communities it supports. Silvicultural methods shall strive to mimic the natural, low-intensity disturbance regime specific to the Wet Clayplain Forest as well as natural communities that naturally develop in the future in this physical setting. 4. Grantees’ approval of a forest management plan submitted pursuant to Section III(4) and IV(3), above, shall not be unreasonably withheld or conditioned; provided that such plan: (i) is consistent with the Purposes of this Grant and with the provisions of this Section IV; and (ii) such plan has been approved by a professional forester. 5. Limited agricultural activities consistent with the Purposes of this Grant and with the provisions of this Section IV may be permitted in Grantees’ sole discretion. 6. In the context of acting under this Section IV, Grantors and Grantees may confer about what constitutes the best available ecological science; provided that, Grantees’ interpretation thereof shall control. DRAFT Auclair C Riparian Buffer Zone The Protected Property includes certain lands and premises lying adjacent to Muddy Brook is subject to special protections as set forth herein to protect the water quality of such waterways and the ecological health of the natural systems associated with such waterways. The location of and the restrictions applicable to these areas shall be determined pursuant to Section IV(1) below, unless Grantor executes a Buffer Management Plan approved by Grantees pursuant to Section IV(2). 1. Default Buffer Restrictions Those areas on the Protected Property lying within fifty feet (50’) of the top of the banks of the Muddy Brook, as those waters may move from time to time, and also including any land located between the said tops of banks and the low water marks of such waterways, shall be designated as Riparian Buffer Zones (hereinafter “RBZ”). The location of the RBZ as of the date of this Grant is generally depicted on the _____________ Farm Plan, described in Schedule A attached hereto. Within the RBZ, the goals, prescriptions and restrictions of this Section IV are in addition to the provisions of Sections II, III and V, and where inconsistent, the provisions of this Section IV shall supersede the provisions of Sections II, III and V. Specifically, the principal goal for management within the RBZ is the establishment and maintenance of high quality buffers that provide an array of ecological benefits including, but not limited to: (i)buffering aquatic and wetland plants and animals from disturbance; (ii)preventing wetland and water-quality degradation; (iii)providing important plant and animal habitat; and (iv)providing organic matter, nutrients, and structure to aquatic systems. 
 Any management or use of the RBZ shall be conducted in a manner designed to protect soil integrity and minimize erosion, shall incorporate up-to-date ecological knowledge and management practices, and shall be consistent with the principal goal detailed above. Without limiting the foregoing, any forest management activities within the RBZ (including without limitation the installation of new roads and trails) shall require Grantees’ prior approval. There shall be no agricultural activities (including without limitation the grazing or pasturing of animals) within the RBZ, except as may be approved in Grantees’ sole discretion. 2. Buffer Management Plan Option Notwithstanding the foregoing, Grantor may develop and submit to Grantees for their approval, in Grantees’ sole discretion, a Buffer Management Plan for the Protected Property (together with any amendments, updates or changes thereto, the “Buffer Plan”). Grantor shall update the Buffer Plan in the event there is a change in the condition of the RBZ that impacts the ability of the RBZ to accomplish the goal stated in Section IV(1) above. All updates, amendments or other changes to the Buffer Plan shall be submitted to Grantees for their approval prior to any change in activity within the RBZ. The Buffer Plan shall be consistent with the Purposes of this Grant and goals and restrictions set forth in this Section IV. In the event that there is a conflict between the provisions of an approved Buffer Plan and this Section IV, the provisions of such Buffer Plan shall control; provided however, that upon the expiration or termination of the Buffer Plan, the requirements of Section IV(1) shall control. In the event of Grantor’s non-compliance with the approved Buffer Plan, Grantee may require, in its sole discretion, compliance DRAFT with the approved Buffer Plan, an amendment to the Buffer Plan, reversion to the requirements of Section IV(1) and/or any other measure that Grantees deem appropriate under the circumstances. DRAFT V. Public Access Easement. Grantor does freely give, grant, sell, convey and confirm unto Grantees, and their respective successors and assigns, forever, a perpetual and separately assignable easement for an unpaved public recreational trail (all as more particularly set forth below), said easement being on, over, under and across the Protected Property, and measuring one (1) rod in width. The location of the easement will be fixed at the time the trail is to be developed by mutual consent of the parties and will be located in a manner that minimizes the impact on the agricultural soils, farm operation, and is consistent with Sections IV, above. The intent of the parties with respect to the location of the public recreational trail is to provide additional public recreation opportunities in South Burlington, in addition to connecting with a larger trail network in South Burlington, should one be created in the future. Such access shall be for non-motorized recreational use only. Grantees may limit or restrict the public use and access in the public interest. Grantees shall consult with Grantor from time to time about the public use and access and shall take reasonable steps to correct any erosion problems caused by public use and to minimize any adverse impact on Grantor’s use and enjoyment of the Protected Property. The rights conveyed pursuant to this Section V are in addition to, not in lieu of, the covenants and restrictions otherwise conveyed by this Grant. In addition, Grantees, and their respective successors and assigns, shall have the right to improve, construct, manage, and maintain the trail for public recreational use, provided Grantees shall first notify Grantor of the name of the entity or organization that will be responsible for maintenance and management for the public's use of the trail. Grantor, for itself and its successors and assigns, expressly acknowledges that the easement and trail contemplated by this Section V may become a part of the public trail systems in the City of South Burlington and, toward that end, Grantor, if requested, shall convey to said City such deeds of easement as may be required in order to effectuate that goal. Grantor and Grantees shall work in good faith to resolve any issues with respect to the location of the public recreational trail on the Property. Any trail location issue not resolved voluntarily shall be submitted to binding arbitration. The arbitrator's authority shall include the right to determine where the final public recreational trail should be located in order to (1) be consistent with the Purposes and terms of this Grant, (2) avoid interfering with Grantor’s farming operations, (3) be consistent with Sections IV of this Grant, and (4) prevent the damage of natural resources on the Property. The arbitrator shall be selected by the parties or by the American Arbitration Association if the parties cannot agree on an arbitrator. The costs of arbitration shall be shared equally by the parties, unless otherwise determined by the arbitrator due to one party being unreasonable or otherwise dilatory. The decision of the arbitrator shall be binding on the parties. The parties shall select an arbitrator within two weeks of the submission of an issue to arbitration, and every reasonable effort shall be made to complete arbitration of any dispute within thirty (30) days of the selection of an arbitrator.DRAFT