PD BACKGROUND REPORT (PL-PDI-2022-000004)

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Easement, and to require the restoration of such areas or features of the Protected Property as may be damaged by uses or activities inconsistent with the provisions of this Easement. 3. Grantor's Reserved Uses and Activities Consistent With the Purpose of the Easement. Grantor reserves for itself all rights accruing from ownership of the Protected Property that are not expressly prohibited by this Easement and are not inconsistent with the Purpose of this Easement. Grantor expressly and specifically reserves the following rights: (a) Forest Management: Forest management and timber harvesting is permitted on the Protected Property for commercial purposes in accordance with applicable Federal, State, and local laws and regulations and the provisions of the Plan (as may be amended from time to time); prepared by Grantor and approved in writing by Grantee. This Plan shall be consistent with the provisions of section 5(f) of the Cooperative Forestry Assistance Act of 1978, as amended, 16 U.S. C. 2103a (f), and shall be subject to revision in order to incorporate forest management practices that are prescribed under federal or state law. Any amendment or material modification of the Plan must be approved by Grantee in accordance with Section 6, below. Approval shall not be unreasonably withheld by Grantee and proposed forest management activities presented in the Plan will be permitted unless they are expressly prohibited by this Easement or inconsistent with the Purpose of this Easement or the provisions of applicable federal or state law. In the event of any inconsistency or conflict between the provisions of this Easement and the Plan, terms of this Easement shall prevail. Grantee acknowledges that the Plan may, at Grantor's discretion, provide for commercial forest management and agrees that commercial management when conducted sustainably and pursuant to the terms of the approved Plan furthers the Purpose of this Easement. The parties agree that the annual removal of 250,000 board feet or less of live timber (as measured in International 1/4 Inch Rule board foot volume or similar system) and the salvage of dead trees is considered to be de minimus commercial management and shall be permitted, if included in the Plan, without restriction unless it is directly inconsistent with express restrictions contained within this Easement or the provisions of applicable federal or state law. Any anticipated annual live tree harvest amount exceeding 250,000 board feet shall be subject to the following requirements and restrictions according to Professional Forestry standards: (i) Prior to the first annual live tree harvest exceeding 250,000 board feet following the execution of this Easement, Grantor shall conduct a timber cruise of the merchantable forest inventory (which shall be defined to include trees greater than or equal to eight inches (8") diameter at breast height (dbh) or greater) on the Protected Property. The timber cruise volume estimates shall have a sampling error objective of ten percent (10%) at a ninety percent (90%) level of confidence unless otherwise approved in writing and in advance by Grantee. Grantor shall provide the timber cruise to Grantee within sixty (60) days following completion. Additionally, Grantor shall conduct an inventory of the Protected Property no later than every ten (10) years following the initial cruise, and every ten (10) year period thereafter. Grantor shall provide each inventory to Grantee within sixty (60) days following completion. (ii) The Plan shall contain a description of each forest stand or forest type with a relatively uniform and similar forest conditions. Forest stand and associated forest type maps shall be provided at a level of detail necessary to support professional forest planning and forest type timber operations pursuant to this Easement and shall include, at a minimum, tree numbers and stand volume by species (i.e. stand tables). Additionally, the Plan shall specify silvicultural harvest methods, schedules and equipment. r PRBI}M. APPR'D. DepGc*nem ei *wt Alcor" Gew®rai 419699_ 1 _DOC 5