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Property for purposes of reasonable and customary management not inconsistent with the
<br />preservation and protection of the Conservation Values. The use of fences may also be utilized
<br />in conjunction with the establishment of introduced vegetation as detailed in the Plan.
<br />(vii) Water Resources. Grantor may maintain, enhance and develop
<br />water resources on the Property in accordance with applicable state and federal regulations, for
<br />permitted agricultural uses, fish and wildlife uses, domestic needs, educational and recreational
<br />uses. Permitted uses include the following: the right to restore, enhance and develop water
<br />resources, including ponds; to locate, construct, repair, and maintain irrigation systems; to
<br />develop wells, water storage and delivery systems including, but not limited to water pipelines,
<br />and to develop stock watering capture and delivery facilities. Grantor agrees that water uses
<br />are for the urger Parcel and that exportation of water is not permitted except with written
<br />approval of Grantee.
<br />(viii) Cultural. Historical and Archaeological Sites. Grantor may
<br />maintain, preserve and protect, and may establish appropriate buffers and walls around, any
<br />cultural, historical or archaeological sites located within the Protected Property provided that all
<br />work is conducted in accordance with federal, state, and county laws and regulations.
<br />(g) Access by Native Hawaiians. Nothing herein shall prevent the exercise of
<br />any rights of Native Hawaiians for traditional and customary practices as may be required by
<br />Hawaii law.
<br />4. Uses and Activities Inconsistent With the Purpose of the Easement. Any use of,
<br />or activity on, the Protected Property not authorized under Section 3 or inconsistent with the
<br />Purpose of this Easement is prohibited ("Prohibited Activity'), and Grantor acknowledges and
<br />agrees that it will not conduct, engage in or permit any such use or activity. Without limiting the
<br />generality of the foregoing, the following uses of, or activities on, the Protected Property are
<br />inconsistent with the Purpose of this Easement and shall be prohibited, except as expressly
<br />provided in Section 3 above:
<br />(a) Subdivision. The legal or "de facto" division, subdivision or partitioning of
<br />the Protected Property.
<br />(b) Structures. The placement or construction on the Protected Property of
<br />any permanent or temporary buildings, structures, or other improvements of any kind including,
<br />without limitation, buildings, barns, dwellings, sheds, roads, parking lots, antennas, and satellite
<br />dishes.
<br />(c) Alteration of Land. The alteration of the surface of the Protected
<br />Property, including, without limitation, the excavation or removal of soil, sand, gravel, rock, lava,
<br />peat, or sod.
<br />(d) Erosion or Water Pollution. Any use or activity of or on the Protected
<br />Property that causes or is likely to cause significant soil degradation or erosion or significant
<br />pollution of any surface or subsurface waters.
<br />(e) Alteration of Water Courses. The draining, filling, dredging, ditching, or
<br />diking of wetland areas, the alteration or manipulation of ponds and water courses, or the
<br />creation of new wetlands, water impoundments, or water courses on the Protected Property.
<br />PROW. APM'D.
<br />419694 LD(?C Money GeLmand
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