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HomeMy WebLinkAbout20061001 Ver 1_BMP Summary_20130814EEP NUTRIENT OFFSET PROJECT SUMMARY Goldsboro Housing Authority Stormwater Wetland BMP EEP #145 Synopsis EEP's Goldsboro Housing Authority project site is a combination stream enhancement, buffer planting, and stormwater wetland BMP site located in Goldsboro, North Carolina within the Neuse River Basin CU 03020201. The project was initiated by NCEEP to offset nutrient loading as a third -party credit provider in the Neuse River Basin (15A NCAC 02B.0240). Dewberry & Davis designed and oversaw construction for all aspects of this project. Final construction and planting was completed in December 2008. The Stormwater Wetland BMP is approximately 1.5 acres and was designed to treat 123 acres. The BMP is protected with a conservation easement in perpetuity. Although engineering calculations for the designed BMP were included in the engineer sealed Restoration Plan, this reduction was not tracked in EEP's project database. The Restoration Plan was permitted by the USACE and DWQ in 2006. The nutrient credit value for this BMP over 30 years is 14,944 lbs reduction of Total Nitrogen. Additionally, reductions of Total Phosphorous are anticipated, however TP reduction credit is not available in the Neuse River Basin at this time. In 2013, the DWR WAT team and EEP began investigating the efficacy of this BMP. Testing results are not available at this time. Site Location River Basin: Neuse CU: 03020201 14 -digit HUC: 03020201200020 County: Wayne Municipality: Goldsboro, NC Receiving Waters: Neuse River DWQ Classification: NSW, C Protect History MOA /Easement: DOT Conservation Easement July 2005 Town of Goldsboro Conservation Easement /MOA July 2010 Final Design: January 2011 401 permit: July 2006 (404 issued August 2006) Construction: March — December 2008 Planting: November 2008 As- Builts: December 2009 Project Participants Source Agency: Project Management: Designer: Construction: Landowner: BMP Management: BMP Design Parameters NC Ecosystem Enhancement Program NC Ecosystem Enhancement Program Dewberry & Davis, Inc. Appalachian Environmental Services City of Goldsboro /DOT EEP BMP Type: Stormwater Wetland Watershed Area: 123 acres Watershed Description: Urban, 54% impervious, residential, parking lots, roadways BMP Treatment Volume: 271,940 cubic feet Nutrient Removal of TN Pre -BMP TN Loading: 1,245.32 lbs /yr Post -BMP TN Loading: 747.19 lbs /yr Post -BMP TN Removal: 498.13 lbs /yr 30 -yr TN Removal: 14,944 lbs Property Protection & Maintenance Property Protection Method: State of NC holds a perpetual Conservation Easement Maintenance: City of Goldsboro Attachments: • Site Location Map • Plat • Restoration Plan excerpt (including Design Calculations) • Conservation Easements /O &M • As- Builts • 404 permit • Photos 2 SITE MAP Dwn. By:WGL FIGURE SITE LOCATION ��� �� ^ Raleigh, 20 Enterprise St. NC 276077 Date: (919) 215 -1693 GOLDSBORO HOUSING AUTHORITY - EEP #145 June 2009 10 (919) 341 -3839 (fax) STREAM RESTORATION PROJECT ��___ Project: Wayne County, North Carolina 08 -001 MNA� WDMD-- urn AdrA rEEr ow LFA AflFA FEET all, �S —T *A' is norm -A NO] 11FA 41 =G PAR— A w2w: w---------- - _t --- . . --, -- -- - - . - -- "I ------------ ---------- - --- r ------------- - I F A WA ElEl SURVEY FOR CONSERVATION EASEMENT ON PROPERTY OF GOLDSBORO HOUSING AUTHORITY AND N.C. DEPARTMENT OF TRANSPORTATION I— IT— FOR N.C. ECOSYSTEM ENHANCEMENT PROGRAM GOLDSBORO TOWNSHIP WAYNE COUNTY, N.C. ST —T IA- RESTORATION PLAN (excerpt) Ecosystem North Carolina Department of Environment and Natural Resources ! ! r June • Final !s r C 201 Goals and Olipjecfives �I p -niis st:neaaunn re.sloraflouu will support the ELP"s mission to b-es9c e w'et a:uids' stire'ai s, and niipaairiiannm I ^'Oe'anumuin& aaaeaas tpnuoilhoot the stance. Further the BM1P will assist 1:fI1 in nnnectiiuuyu; tpe Nenuse 11Ciku- Min waatcrpauaapaty gods for ]"WutnTenn mduc°tion. In g ne'm ' the rc'storaatO n aancp IF3MP support. wllsollly or I panic:, the Allowing EEP gods: r I "rotec°t and 1 unnpme naante:nr npum!hy by restorr ung s,treaaon and niupr u -iaarn aar-ca p "mmmc.tuorns am] saakws lost Wrough NStnnnnnw, c;MTML and R annre hnnp" ➢a us S71re;c°iufulc°aally, time strc'anunn irestoiraatiiorn aa'ill: Reduce dov oistireannnn se,cliaoc int:aaRn by staabilllriing eroepiNg streennn WE along tne stnmcly stream lengths W Replace as degraded sareaamum reach naitla as stanyiipii /C.Cl ns'llspol soop'rports MmInd � 4 I."tcre °aase piroperty mass within the t'_IopcpsNwo ILouusihi /Wnuthnrriity and aaghc°ennt p m�p ae�rty W hiliaannee aaestnaetks Wine irestood stream ire. °awli And tine BMP will: Ra.'d uce, dn.nw 4(rc'aaunn l y providing aaaa)intnuire, of tartaall Solids faroara tie; I l f J- Provide. avaater spruaaliity treatnlneust eapnuiiVaapeunt tar oinc- iurncli of runoff krarrn as ya:uvpnnn:os nuu-ntreaatauap unanreucp use, ire. °4;nc:peurntuaap area totampiuung, �y..I acres p:uipnaannnwe.° aesthetics nand c°re data.° wetland pang imt p he proposed "a laarnd wt fl pnuias ikk uaiitiraaa e n redu etnarna n:pstreaam of We nunitruenut seru4xptuse waters of Me N nose 1RiAr. Ile creanted "Wind can pnn�a iWc up to as 1[nw y p"uern;oit ren8nivatIlarru of nntrnTa °n hnrwcn,er the actual uvuntosaal pene euntaage wpf be unnfluerneeefl by the pnnterrnnedi me fpooepinp or me v,etpaaw. Since tpmn.^ "Hand its and arovn:.npnaanmk wetpaaid and will irea:eiire now Warmly during above haanp hAl events, tire. °antuuterut wtH mmot oc;c;nur c':pa.nnuing kw" flow pia. °urnma: s4 I pne 11-estoiraatiioun prcrljec°t enrnepe.aavoir, to support the Nortfm Carolina 1. k jsicmn cif 'taoianter Q uarpulty's (N(UMQ) effoirts to ihnnpno v waster npnuaappty as WnQn% in the Tdcuse Ifiver Banshwide Wer LI:mlity Plaarn. In jwnmenspm' the project snnppow wholly or in part, the folkwin'u.' se:;cflons of die 1 e °nu4xe:; River Ilaasiiuiwiiden Wamter Qi,rifity Plan: 4.I6 Sedimental Hion pollution Control 4.1'7 Ilan Errtaat I e GV,ramnpaat onn 4. 11) A.lgnh Bloomum -I.1I I"rotec°tuon and Maspntenasnee of F'orest(..,d RJpaar4 m Arevaas A- 4.2-5 NrArie:ennt Maarmaa4Le;unnermt r- 4.5 Innnpnpe;unneunt Wetpasnds aand IR iJIra iraauan R(..'stor'nflon Pleans 10 Dewberry 4 • 9.1 Stormwater Best Management Practi ce Selection Ile I^EP has ccxllruccswd an inim -est in c°ourtuc;ii�nla a but nuanuar]c°ment Irrntc,Ax (BNW)cc Wablcc ol` aahwinal nitn Tai shine the suubnAssionu 4 ihc° orir lIttl ("o wc°N�uuall Flan (st it) rrikiccd July 0,200d). ). f ltroudat onvcrstilnatOnu cWthe she and its liarnitatio s, it lltas been decided ihata c;oin4,in- tudc°d wolland will provide the greatest an wunt (W nhnol7en nodlua °lion lrrowntiall based on aV"a "a available ton use (Ilra'c"` tinted ina Annended ( `o�ncept Plan submnitted ainuuary 28,2005). Pocket town rhintds offi.a - icstat riviite tN°nrrn the n ua l %watllle nitrogen aeduun:tiAn 13NMI, application fon this Ilnnnn.Un °n disc. Pockett wedainn:s that am do siped niullloas iiinla; the rc °c°ouaauaic indc °d desiyuat guidance ot rthe nnost nitrogen rn°n.iiciiaau than neutron � "'ciu loanll by ylo�w'w. 11fis will lrrrroc idle Menxrst enflc°lc °nut 13MP Or mrmvinln niiia°oNn at this n >>ke. In addiitiion. n°o nswuun°tard nnotiQainds are shallower in nawra providing a sai'er c°nvinorinu°nnt (Hon courntramd to wo doom An gnxis Kh 1an67c aan°aas of cMen waic °n( Rw the ncsWccros and chddmn on` the GHA. 9.2 Constructed Wetland Description The prolrosed we °daannd will he tarcated on pnnolrc °nty ownn°d by the 1 1J(` hleclrrarinmtecirui not. " ➢'ransn -)o -taut oirl, and receive flow Thom th(a u,r, to the. 1..t "wl% "The lnF is a Ijturkdliictionall streanumn mW ;v p dWony aage nn:.�iestypicaally will not:lr)eriauiit t:r aatnienat nicHities, suun h as 13 ,P's, to be i.ocaatnad mr4kc with the juuriia�n:liciiionall stmaam. ( "oinsegtK ni:ly. this 13MP will be l.oc uccd owline lhonn the c;on riibnut�ing draihutge al-ca and will rely on an inflow weir Worn the channel bank on` the Ill - )rov�idcc fl.oas into flhe 13M11. The inflow Xsr(j r will be loeatcd aNwe the banklill e Ilecvatiion. such that the base allow Ar ihc, luaansdicinnrnal streann will not be dliva.nta.dl into the 13NIP, but ontlly c'xCccSS allow dlunatf; morn n c°a cuuts„ va iil.l. be diverted. This 13MP cannot be deigned in hAl comolrrliance with the DcSii1,J1(inuidc°linc °s Ar BMfas (ostablish(odl 1)y N(I.X�,l" R (on hne). l ltn°nakonn ilia° inidrogan load na.udtuc. °bole a: °aan only be ctatinmiatictd aas lrrortiAn non` the ta.rtaal lrnotentiiall removal (Wan m -line 13MV Ile drainage arc°a to the 1.1T is alrolrrn°ox i naatcrly 125 acres with alrrlr)r ox iunmuat elly 50 atones ol' oaulrrc °nviiouu Inc °s a. Ric cxi^stinuln Nitrogen Ilod to the UT at the loncattiion or the 13MP is aayymx. riva cly 1229lb/ r. It is aniaciltmied that the 13MP will needle ec flow s venal stonrin eventscrach yc° n -, as the tylric °ail one inch stun event and the one year dcniIn stonnn anti exlrrc°ued to or entop the wK by 1.8 or 2.7 fc e° . recsllre°nctivelly. .3 w ". Design Parameters The l)nol)o0 we °sand design Rdlows Chic° g uiidlnwllinnws pn wided by N('191a,NR to estaabllisllu c,haratc, cris6c; features such as l_."ow Ms High Marsh and (lr)aon Water sedlirrientation ibrebays. erlai n guideline °s wcrc° n u ddled sea °h as now a°c °1.>;�iu e and lrcvewage(W anc: °a dedicated to ccacch omiarsh tydc° due to she cconswa4Hs. The conul detc°dl design base °d on N(`l 1I_ YR g uauidainecec is provided inn Ft lrolroncind�i.x. 112: Supporting Wedand Lksigin and Nitnoien Umd I'allc°uullatiionts. a:n . dt. 9.4 Control Structure Evaluation The design nrf`the inflow and ouutilow co;Vroll stnivinims for the° vaclind was evalltuatawd based on a series of, flow c °aalin.dations. hewse include Chic° 1-iinc°h nova, c,^atiinmuatCLI KNe Now and y yr nlnoaa nion itic 1.71 ". l u. -."c° flows and a orrewsllrouudlih 1.], Water sudlice e,le °vations were- used to ec4 tablliisllr the a tlrrlrruolpilatec 40 inflow etevaim nhri n rhea UT that would coomgdy vw idi DWO rc °c ihrc illientsy ll,turilnue r fllese f'Ilows and Dewberry 32 E E ffic, seasomd hk,h -routidwatcr cdcvaflo�-is used to the tiortnat pool am.1 ovao-�ma 't, cdevaflmlsof,thc Wettand. The finat dcs Lm mflow, cacvaflo� is 69.5, NAVD wlik..1i N ,dso the wri-nal �,-)M of,tho,., \vctkmcL The flh.' fI0\VSMI(.J Cdo-'vaffl I I')(,' IOLMd in 't, Appo,.,m.fix D-3-, Supportin'g Wettand hiflmv t, An devWes wags adso flh.' a- C(gUCS 01' LTT. 1] K' 1611 OWAHo I Ulbl C SUrrit-narizes the fiactors cou for de'vic'e': Table 25 Flovv, Control Device Evaluation Summary Devi . ce Relative as( fJn-J(,A4)HS BCHL"h(S . . . . . . ............ . 1, RcqLdi-cs rdacciliciao�' .. . ............... ........ . .. .... f oNN IiLdIiMcimial,c coia.,I ctc oil- NN iitl di 2, 100 vii- 1d` cvcdc rdacc 2. RcqLdi-cs tkc usc of wmv cwdr)imcia to 11 stLdH as r)iv cast w3. FlXcd coi&oll dcNafloia CMP Flashboard RNa Moda"Ite d. R4 _°adaolur4:s4_°sa°alvatuaoiia f h�StLdLifloia [)v NN fldia Sti-CLI11111 mild oil- simak, 2, f u ii i ii tcd 1'c ol,vol, 11c (50, 4_°wdr)111c1M yrs) 2, 1,Lisidv adJusta[flc . coi&-o�� dcNafloia . . . . . ............ Com.,n-ctc WCH, f hgh k RcqLdi-cs rdaccilic,,Mo�' I . f oNN 1111ILdIlMomilwc coia.,I ctc oil- NN iitdulora 2, 100 vii- I llll cvcdc Sti-4_°LI11111 buflci- d'o,"Ist lira rdacc 2. RcqLdi-cs tkc usc of wmv cwdr)111c1M to IoStLdH as Ilp�irc cast 3. [Jxcd coi&-od dcNafloia 4, No baddlow coi&-o�� . ...... . . ......... ....... . . . ........... . .... . . ........ - - - — -------- - -------- -------- sulbOhzcd Bcn-n (KcHlow Low 1, No baddlow coiai-o d. f oNN 1111IL11111MC11milwc 2, [Jxcd coi&-ol dcNafloia 2, 1 Jidlimltcd ld`c o"Voldc h IHIfloia [)v �sk mild oil- simak, -TT� -flI,-)i,),—d,, —h 4Lqui-[MlCitt-- . ..... ... . Md—uckb � 1-1 f d 0 a Cost f oNN I I Li I tcimia,c bacifflow pwvmM, 2, 50 Yr 1d`4.° cvcdc ho s k IHIfloi -)v mild oil- simiLdH . . . . . . . . . . ............... . .. ...................... . . . .... . c )IIIcIM AL121--i . . . ................ . . Alurnfflurn Fhip Gitc Low d, f hizlk 1C IiLdIiMcimia,c I h StLdLifloia by 2, C,111� fi fl� to skut (),,- orwi� LI mild oil- simiLdf H, wt IiLdiVkdiwd cwdr)111c1M .3. 5 f 0 vii- hull ^ o,Lc, Ilc . . .... 13 a sed on th c in forn-i ation p m v o, d ed above 1)s wbc rry n n nn(.,,ti(,l s th c u so., of' (.'NI 1) 11 as i bow- d ii use, ii s I'm both structurcswith as prcvctitcron the o'o-iflo\vstructm,c,, OS Dewberry m 9.5 Mai in(eina ince Recommendations — Cooytruo1edwe|aodycegoicepmdodionn"/iobeuooe'Tbjyiy Clue bodeyi�oiobeUbocet"Iioportiooyof the ybomuOuw hbc cennova| ofhJibo�eo� Tbjy f�oo�ooa|yo ceyo|1y bo the ye�|io� ofyohdy 6onu the \va1ecoo|onmbo the guieyoeo1 pool ofthe we|aod,bo order bohnd1 the inqp"Ic1bo the wedmal6onu nm,/iobcuooea fombay, oc deep yett|io��oo|ofo�co�m�cciyi000qpoo�edbod��vedm�ldeyi�o'Tbe ofd� kzo�e o| ye�h U| �du� | � dd h � � d�y1dhu1k ofyed�n�co� o�� n�goug/ ����= �mu e �o�pu �aoem ym�a mouo� / nuuoo / / t w rest ofdw wet aod, Sioce the base Omv�\ H| not Im treated M the proposed SIVEII" kW thyyiW the MIMUN0�'yedmlents 1nq�cdyhoo|dhc less 1h0000nro/||vexpected, Uiyrecomakenclmdthat the hcnoniborcdf6r dcIl1hu000uUVuod the �\rduodviyouUVioyl')cr|cdf6rycdinMo1u1ioodeposits, /Avcdor1i000f3094of the depth of1hc fbrebay or more iodiru|cy the need f6r 111aiobe/uouc, Tllis can be urcmnqphyhcd by n�/oou| or Mcrhuoiru| vcnOvu| of1hcurronL/|u1cd ycdimco1y 6nno the fooetpa,)', For1hcrif ycdbilco1u1ioo deposits are observed vvi1hb/ the vvcduod 1hcyc yhoo|d u|yo be rc/novcd 111uoou11V 1ukb/O ifIIoyyih|c, IftlIC gLNMMV oA'SCCIMMItS m the �ethind is not feaO-tle to be removed by hand Mcdhuoiru|cgoil')Mco1roohcUsed, DoMcvocruvcyhoo|dhculkcobondoinzvc the diy1odzuorcof 1hcvcOc1u1ioovvhcvcpoyyih|c'[1iyuo1iripu1cddhu1periodirn�/io1couorcof1hc[MIFF'vvU|bevcgoircd on a year cycle, �� �� �� ������U����`�� � �``~~�~~� 34 Seed inix is applied to all disturbed areas. Within the pburted huOeir, spccicssurvivu| NN ill bece1 mnincdhv v qgctatk c pkz$ established o1 the I��� coo��|cdon o[consUnuc1 on� species density and survivu| x\ ill he docuoucn�c` u|on� vvdh species not �0�" i i - 103 Cmins(rtic(ed Weflaind BMP &s pug o[1his p lcc1` u cong ii- uc1cd vvc1|und vvU| b cong ii- uc1cd bo bzo1 gN ii- nvva t cii- Oovvin'g Oro on u very urhunizcd vvatcrdicd. In order to ohkin olaxionuo; hcncU1 or the bzu1oicn1 cOec1s or the constructed vvc1|und` u 'group o[p|un1s vviU need 10 he p|un1cd that are adapted 10 shuUovv vvu1cr condi1ions us NN 6l as 10 dccper in[rcqucn1f lmodcondi1ions. In order to provide the correct pbur$ fbr the constructed vvc1|und` the BMP area vvus hrokcn down into We (3) planting zones. -1 hcsc We (3) zones are I xm Marsh (LM), D�tdi Muah (DM)` and 11uhr(BDMhc |ovv onurdh Aonc vviU be 1hosc areas or we constructed vvc1|und vvi1h u pcmnuncn1 vvo1cr dcp1h o[(i 10 12 inches. -1 he high onuah Aonc vvU| be 1hosc arms or 1hc constructed vvc1|und vvdh u pernnuncn1 vvo1cr depth o[0 10 6 inches. I he huOerZonc vvU| he uU those areas or the constructed vvc1|unduhovc1hcpcmnuncn1poo|vvu1crc|cvo1ion I he huOei.zonc vvU| u|so inc|udc the onuintenuncc comWor Kong, We perionctcro[the congkuc1cd vvc1|und 13NIP. -1 he p|un$` such as svvibzhg:ss`can rcudUy hund|c intemnd1cn1 vchic|c Um[Dc and cvcn can hccovcrcd by additional wMaHmmeMand quict|y recover. Dovvcvcr` this urcushou|d nu ae onovvcd rcgu|ur|yaathis vvou|d hcdc1doncn1u|10 these species. 11 Dewberry 37 ScieWille Name Common Name Seed inix is applied to all disturbed areas. Within the pburted huOeir, spccicssurvivu| NN ill bece1 mnincdhv v qgctatk c pkz$ established o1 the I��� coo��|cdon o[consUnuc1 on� species density and survivu| x\ ill he docuoucn�c` u|on� vvdh species not �0�" i i - 103 Cmins(rtic(ed Weflaind BMP &s pug o[1his p lcc1` u cong ii- uc1cd vvc1|und vvU| b cong ii- uc1cd bo bzo1 gN ii- nvva t cii- Oovvin'g Oro on u very urhunizcd vvatcrdicd. In order to ohkin olaxionuo; hcncU1 or the bzu1oicn1 cOec1s or the constructed vvc1|und` u 'group o[p|un1s vviU need 10 he p|un1cd that are adapted 10 shuUovv vvu1cr condi1ions us NN 6l as 10 dccper in[rcqucn1f lmodcondi1ions. In order to provide the correct pbur$ fbr the constructed vvc1|und` the BMP area vvus hrokcn down into We (3) planting zones. -1 hcsc We (3) zones are I xm Marsh (LM), D�tdi Muah (DM)` and 11uhr(BDMhc |ovv onurdh Aonc vviU be 1hosc areas or we constructed vvc1|und vvi1h u pcmnuncn1 vvo1cr dcp1h o[(i 10 12 inches. -1 he high onuah Aonc vvU| be 1hosc arms or 1hc constructed vvc1|und vvdh u pernnuncn1 vvo1cr depth o[0 10 6 inches. I he huOerZonc vvU| he uU those areas or the constructed vvc1|unduhovc1hcpcmnuncn1poo|vvu1crc|cvo1ion I he huOei.zonc vvU| u|so inc|udc the onuintenuncc comWor Kong, We perionctcro[the congkuc1cd vvc1|und 13NIP. -1 he p|un$` such as svvibzhg:ss`can rcudUy hund|c intemnd1cn1 vchic|c Um[Dc and cvcn can hccovcrcd by additional wMaHmmeMand quict|y recover. Dovvcvcr` this urcushou|d nu ae onovvcd rcgu|ur|yaathis vvou|d hcdc1doncn1u|10 these species. 11 Dewberry 37 Falble 27 M➢nfing, Zones and Phull specics lLisl for, Idle Consirucled NVell'and 13MI, 1,0W marsll . ...... ....... . ...... 2 inches below normal ------------ Sclenfillic Name Scienfific Name Common Name L.a er (hi-Center Plant Size Distribution ................. .... Schoonoploctus On-Center Iabomaomonlani or Distrilmition ,Lr pu!_validus Softstem Buhirob I �crb 2x2 11 u ar, c Mass .. . ...... ... . ...... Floidecloria cordzda Nckcr(l Weed I orb 2x2 ll➢�l) I arl c Mass Zizalliopsis miliacoa G ant I? e Cutgrass I Cerb 2x2 P➢Ig Large Mass 11 Ifth Marsh (11M): 0 to 6 inches below normal o!)l 13 1111er, Bf): All Areas Allmvc loom nand llcmidl Spacing (ft) Sclenfillic Name Scientific Name Common Name Laver On-Center Plant Size . . ......... . Distrilmition BILle F] la as__. f lerb 2x2 I Lanx m"Iss juncus's Rush fierb 2x2 ----------- Plmy Lane Mass . ... . ..... Peltandr n-owrm fl-) 2x2 Pluo I - .. . M. ..s....s ... .. . .... Pontederia cordalu Pickerel Weed ---- Fled) —..— 2x2 ---- PILIO L�U-c Mass .-.- --�Z .......... Saginaria _1)!ick Potato I erb 2x2. i lu «IaLc Saururms cernuus us IaH I erb 2x2 PhIg I Ma s s Schoonoplo➢lus Broadcast Mnx Selaria italica Gairrian MnHct Kerb rb seed I�abornaomonl�ani or ,S(,*Pu,T valillm,-F SOf'tstem I I u � ru s, h I cd-) 2x2 13 1111er, Bf): All Areas Allmvc loom nand llcmidl 10 4 C"oli➢st➢ucled Welhund limll Vegelafloill Molinhoriling, Wl'ithil'i-ii thic, coi-ir.sti-titled NNcflaind BIMP, plainl �sui-61\,d NNI'IdH be, by plol'.s r. yduugrllilmyll ➢a. °ai at t➢c, colln'llpk."ll'oll-11 Ilaint cmciaq,p,caind hicfli➢ w'dH be, doc'un,icinted, uulloinu ,�,,, le Dewberry m Sclenfillic Name Common Name 1I 'a N cr, Ma I 11, S III c Disirilbulfil) I I i�mem`mmmulmu!mem ➢� Sect I c rb seed Broadcast Mx Juncus, mmt mmaus Sofi, Rush I c rb seed Broa d x cast M� - --------------- ---- ---- --------- - -------- — ..... . ........ .... .. V➢rg n a WHd j2m.us imm, Wrmm r re. l %J I c rb _. s eed . ....... . ............... . . . . ... Broadcast Mllx .. ..... . ..... . ............. . . . . ............ ........ . . . . ............ LofiuLn mull lot um nmfl Rya.,Eass I Ccrb seed Broadcast Mnx Selaria italica Gairrian MnHct Kerb rb seed Broadcast Mnx .. ......... —.— 10 4 C"oli➢st➢ucled Welhund limll Vegelafloill Molinhoriling, Wl'ithil'i-ii thic, coi-ir.sti-titled NNcflaind BIMP, plainl �sui-61\,d NNI'IdH be, by plol'.s r. yduugrllilmyll ➢a. °ai at t➢c, colln'llpk."ll'oll-11 Ilaint cmciaq,p,caind hicfli➢ w'dH be, doc'un,icinted, uulloinu ,�,,, le Dewberry m E Appendix D 2. Supporting WetLand Desigmand Nitrogen I mad Callctihations fl � Dewberry Goldsboro sboro II kni siiruq;g /�uuHirrriityr.. 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"! 2P.2 —�- _ -- 1'146.J.Y, 136 1 1245.32 xlsfil ^,g [A it raq I ..oad t (t C a[ ,frlclted Vvtldarld 1245.32 Iby, 40%.NitY q Rt,n'I OV I far C cn ,truc t't VVefla[Id II a,od orl I Ig 1. ev51r.(n cdPadal' 496.13 Iblyr NIf, q ^,I I...oad Aft,,, Ccnt'.frud j Vvttlarld Rt,llIOVI 747.19 Iblyr C alctlaft ^, do- .l.te.d Nll aw, gthr C'ty of Coll h o[<,:t 'Mo, Vla ago", o, it 1:1,oglanl R'Nf'ago C I ^ I ti u III tho Noln R Ha,, I'e,t amot I, lod 1: ohuay 2 jTl I"pcal dk.:;q I I of a c<: fluMcl mtlaal to Yavc flN Co I I t''sda.a(la ^.I dill tctlff It vath A, ca rt ININ I q<l all aq vaa I ll p.'cpo"od co ft'dcdt,ftai faClf) I,, xt<k'r e.dto he c I r, w,lh it, ta�laa oa b— oP'a a.'tbt q,frai ,a,I dlate, ,. Yfad» the �`fefa dV( I II IVI'i al d Nit (o p of 'Iglrlae t141pIlllcdln r(..t�tYllow IV7 m41jx' t'6Ef»6'tfdclU "to ho<l III It "y ,to nl9 far I d'ctlall'll t 111, I l—, . 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I (ft') accum vol. ? -Ilage Ins InZ 68 M2 42 Nb CY9 T 4 349 49 2()2 47,576 0 VbKj 0 1 10.770 0,000 71 52 7 50,879 3274. b L, 11497 0,693 72 C" 013 54,285 3 11,936 1.099 Y3 57.794 210,534 4 12257 1.996 74 63,240 61,407 271,940 5 12.513 1.609 XwOr 1.1075 b 1.1075 ylrlt,cqpt 10 726 -In(Ka) K- 45524,23042 12.600 y - 1 107 10 726 12.400 12200 Seriesl 12.000 —b-ar (S.r-1) 11600 11,400 0.000 0,500 1,000 1,500 2,000 In Z Page 3 of 3 1 054845 129529 206532 1285885 1367633 1.451786 CONSERVATION EASEMENT 1 3 PR ,11001 O 5 2 Doc ID 80/1841121801111 TvDe: CRP Recorded: 5 at 02:57:27 PM Fee Amt: $38.00 Page 1 of 9 Excise Tax: io.00 WAYNE COUNTY. NC LOIS J MOORING REGISTER OF DEEDS BK 2341PG50-58 STATE OF NORTH CAROLINA WAYNE COUNTY SPO File Number 96-AT Prepared by. Office of the Attorney General Property Control Section Return to: SRStae Property Office i�F ail ervice Center Raleigh, NC 27699-1321 LOIS D "IFIE, -EDS /Aln'r" CONSERVATION EASEMENT CONSERVATION EASEMENT DEED, made this & 44"Oday of C24= C -, 2005, by the Department of Transportation (formerly State Highway 4n-d PublicOkorks Commission), an agency of the State of North Carolina, ("Grantor"), to the State of North Carolina, ("Grantee"), whose mailing address is State of North Carolina, Department of Administration, State Property Office, 1321 Mail Service Center, Raleigh, NC 27699-1321. The designations Grantor and Grantee as used herein shall include said parties, its representatives, successors, and assigns, and shall include singular, plural, masculine, feminine, or neuter as required by context. Z:� WITNESSETH: WHEREAS, pursuant to the provisions of N.C. Gen. Stat. § 143-214.8 et seq., the State of North Carolina has established the Ecosystem Enhancement Program (formerly known as the Wetlands Restoration Program) within the Department of Environment and Natural Resources for the purposes of acquiring, maintaining, restoring, enhancing, creating and preserving wetland and riparian resources that contribute to the protection and improvement of water quality, flood prevention, fisheries, aquatic habitat, wildlife habitat, and recreational opportunities; and WHEREAS, The State of North Carolina is qualified to be the Grantee of a Conservation Easement pursuant to N.C. Gen. Stat. § 121-35; and WHEREAS, the Ecosystem Enhancement Program in the Department of Enviroin-nent and Natural Resources has approved acceptance of this instrument; and n2 R341 s41051 WHEREAS, the Department of Environment and Natural Resources, the North Carolina Department of Transportation and the United States Army Corps of Engineers, Wilmington District, entered into a Memorandum of Agreement (MOA), duly executed by all parties in Greensboro, NC on July 22, 2003. This MOA recognizes that the Ecosystem Enhancement Program is to provide for compensatory mitigation by effective protection of the land, water and natural resources of the State by restoring, enhancing and preserving ecosystem functions; and WHEREAS, the acceptance of this instrument for and on behalf of the State of North Carolina was granted to the Department of Administration by resolution as approved by the Governor and Council of State adopted at a meeting held in the City of Raleigh, North Carolina, on the 8t" day of February, 2000; and WHEREAS, Grantor owns in fee simple certain real property situated, lying, and being in Goldsboro Township, Wayne County, North Carolina (the "Property"), and being more particularly described as that certain parcel of land containing approximately 4.20 acres more or less and being conveyed to the Grantor by Deed, as recorded in Deed Book 450 at Page 235 of the Wayne County Registry, North Carolina; and WHEREAS, Grantor is willing to grant a Conservation Easement over the herein described areas of the Property, thereby restricting and limiting the use of the included areas of the Property to the terms and conditions and purposes hereinafter set forth, and Grantee is willing to accept such Conservation Easement. This Conservation Easement shall be for the protection and benefit of the waters of UT to Borden Field Ditch. NOW, THEREFORE, in consideration of the mutual covenants, terms, conditions, and restrictions hereinafter set forth, Grantor unconditionally and irrevocably hereby grants and conveys unto Grantee, its successors and assigns, forever and in perpetuity, a Conservation Easement of the nature and character and to the extent hereinafter set forth, over a described area of the Property, referred to hereafter as the "Easement Area", for the benefit of the people of North Carolina, and being all of the tract of land as identified as Tract D being 2.203 acres more or less, as shown on a plat of survey entitled "Conservation Easement on the Property of Goldsboro Housing authority and NC Department of Transportation for NC Ecosystem Enhancement Program" dated May 16, 2005, certified by Bobby Rex Kornegay, PLS, L- 944, and recorded in Plat Cabinet M, Slide 46-F, Wayne County Registry. Tract D being more particularly described on Exhibit A attached. The purposes of this Conservation Easement are to maintain, restore, enhance, create and preserve wetland and/or riparian resources in the Easement Area that contribute to the protection and improvement of water quality, flood prevention, fisheries, aquatic habitat, wildlife habitat, and recreational opportunities; to maintain permanently the Easement Area in its natural condition, consistent with these purposes; and to prevent any use of the Easement Area that will significantly impair or interfere with these purposes. To achieve these purposes, the following conditions and restrictions are set forth: 0 BOOK2 3 14 1 t_-052 I. DURATION OF EASEMENT This Conservation Easement shall be perpetual. It is an easement in gross, runs with the land, and is enforceable by Grantee against Grantor, its personal representatives, heirs, successors, and assigns, lessees, agents, and licensees. 11. GRANTOR RESERVED USES AND RESTRICTED ACTIVITES The Easement Area shall be restricted from any development or usage that would impair or interfere with the purposes of this Conservation Easement. Unless expressly reserved as a compatible use herein, any activity in, or use of, the Easement Area by the Grantor is prohibited as inconsistent with the purposes of this Conservation Easement. Any rights not expressly reserved hereunder by the Grantor have been acquired by the Grantee. The following specific uses are prohibited, restricted, or reserved as indicated: A. Recreational Uses. Grantor expressly reserves the right to undeveloped recreational uses, including hiking, bird watching, hunting and fishing, and access to the Easement Area for the purposes thereof. Usage of motorized vehicles in the Easement Area is prohibited, except as they are used exclusively for management, maintenance, or stewardship purposes, and on existing trails, paths or roads. B. Educational Uses. The Grantor reserves the right to engage in and permit others to engage in educational uses in the Easement Area not inconsistent with this Conservation Easement, and the right of access to the Easement Area for such purposes including organized educational activities such as site visits and observations. Educational uses of the property shall not alter vegetation, hydrology or topography of the site. C. Vegetative Cutting. Except as related to the removal of non-native plants, diseased or damaged trees, and vegetation that obstructs, destabilizes or renders unsafe the Easement Area to persons or natural habitat, all cutting, removal, mowing, harming, or destruction of any trees and vegetation in the Easement Area is prohibited. D. Industrial, Residential and Commercial Uses. All are prohibited in the Easement Area. E. Agricultural Use. All agricultural uses within the Easement Area, including any use for cropland, waste lagoons, or pastureland, are prohibited. F. New Construction. There shall be no building, facility, mobile home, antenna, utility pole, tower, or other structure constructed. or placed in the Easement Area. 3 BOOK 2 3 4 e PA610 5 3 G. Roads and Trails. There shall be no construction of roads, trails, walkways, or paving in the Easement Area. Existing roads or trails located in the Easement Area may be maintained by Grantor in order to minimize runoff, sedimentation and for access to the interior of the Property for management, maintenance, stewardship purposes, or undeveloped recreational and educational uses of the Easement Area. Existing roads, trails or paths may be maintained with loose gravel or permanent vegetation to stabilize or cover the surfaces. H. Signs. No signs shall be permitted in the Easement Area except interpretive signs describing restoration activities and the conservation values of the Easement Area, signs identifying the owner of the Property and the holder of the Conservation Easement, signs giving directions, or signs prescribing rules and regulations for the use of the Easement Area may be allowed, I. Dumping or Storing. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances or machinery, or other material in the Easement Area is prohibited. J. Grading, Mineral Use, Excavation, Dredging. There shall be no grading, filling, excavating, dredging, mining, or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals, or other materials. K. Water Quality and Drainage Patterns. There shall be no diking, draining, dredging, channeling, filling, leveling, pumping, impounding or diverting, causing, allowing or permitting the diversion. of surface or underground water. No altering or tampering with water control structures or devices, or disruption or alteration of the restored, enhanced, or created drainage patterns. All removal of wetlands, polluting or discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides is prohibited. In the event of an emergency gency interruption or shortage of all other water sources, water from within the Easement Area may temporarily be used for good cause shown as needed for the survival of livestock and agricultural production. L. Subdivision and Conveyance. No further subdivision, partitioning, or dividing of the Easement Area is allowed. Unless agreed to by the Grantee in writing, any future conveyance of the Easement Area and the rights as conveyed herein shall be as a single block of property. Any future conveyance of the remaining fee simple rights shall be subject to this Conservation Easement. Grantor agrees for itself, its successors and assigns, that in the event it transfers the Property, or any portion thereof, such transfer is subject to the Grantee's right of ingress, egress, and regress over and across the Property to the Easement Area for the purposes set forth herein. M. Development Rights. All development rights are removed from the Easement Area and shall not be transferred. El N. Disturbance of Natural Features. Any change, disturbance, alteration or impairment of the natural features of the Easement Area or any intentional introduction of non-native plants, trees and/or animal species by Grantor is prohibited. The Grantor may request permission to vary from the above restrictions for good cause shown, provided that any such request is consistent with the purposes of this Conservation Easement. The Grantor shall not vary from the above restrictions without first obtaining written approval from the N.C. Ecosystem Enhancement Program, 1652 Mail Services Center, Raleigh, NC 27699-1652. 111. GRANTEE RESERVED USES A. Ingress, Egress, Regress and Inspection. The Grantee, its employees and agents, successors and assigns, receive the perpetual right of general ingress, egress, and regress to the Easement Area over the Property at reasonable times to undertake any activities to restore, manage, maintain, enhance, and monitor the wetland and riparian resources of the Easement Area, in accordance with restoration activities or a long-term management plan. Unless otherwise specifically set forth in this Conservation Easement, the rights granted herein do not include or establish for the public any access rights. B. Restoration Activities. These activities include planting of trees, shrubs and herbaceous vegetation, installation of monitoring wells, utilization of heavy equipment to grade, fill, and prepare the soil, modification of the hydrology of the site, and installation of natural and manmade materials as needed to direct in-stream, above ground, and subterraneous water flow. IV. ENFORCEMENT AND REMEDIES A. Enforcement. To accomplish the purposes of this Conservation Easement, Grantee is allowed to prevent any activity within the Easement Area that is inconsistent with the purposes of this Easement and to require the restoration of such areas or features of the Easement Area that may have been damaged by such activity or use. Upon any breach of the terms of this Conservation Easement by Grantor, its successors or assigns, that comes to the attention of the Grantee, the Grantee shall, except as provided below, notify the Grantor, its successors or assigns, in writing, of such breach. The Grantor shall have ninety (90) days after receipt of such notice to correct the conditions constituting such breach. If the breach remains uncured after ninety (90) days, the Grantee may enforce this Conservation Easement by appropriate legal proceedings including damages, injunctive and other relief The Grantee shall also have the power and authority, consistent with its statutory authority: (a) to prevent any impairment of the Easement 5 U QUO 2 3 4 1 10 5 5 Area by acts which may be unlawful or in violation of this Conservation Easement; (b) to otherwise preserve or protect its interest in the Property; or (c) to seek damages from any appropriate person or entity. Notwithstanding the foregoing, the Grantee reserves the immediate right, without notice, to obtain a temporary restraining order, injunctive or other appropriate relief if the breach of the term of this Conservation Easement is or would irreversibly or otherwise materially impair the benefits to be derived from this Conservation Easement. The Grantor and Grantee acknowledge that under such circumstances damage to the Grantee would be irreparable and remedies at law will be inadequate. The rights and remedies of the Grantee provided hereunder shall be in addition to, and not in lieu of, all other rights and remedies available to Grantee in connection with this Conservation Easement. B. Inspection. The Grantee, its employees and agents, successors and assigns, have the right, with reasonable notice, to enter the Easement Area over the Property at reasonable times for the purpose of inspection to determine whether the Grantor, its successors or assigns are complying with the terms, conditions and restrictions of this Conservation Easement. C. Acts Beyond Grantor's Control. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor, its successors or assigns, for any injury or change in the Easement Area caused by third parties, resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken in good faith by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to life, damage to property or harm to the Property resulting from such causes. D. Costs of Enforcement. Beyond regular and typical monitoring, any costs incurred by Grantee in enforcing the terms of this Conservation Easement against Grantor, its successors or assigns, including, without limitation, any costs of restoration necessitated by Grantor's acts or omissions in violation of the terms of this Conservation Easement, shall be borne by Grantor. E. No Waiver. Enforcement of this Easement shall be at the discretion of the Grantee and any forbearance, delay or omission by Grantee to exercise its rights hereunder in the event of any breach of any term set forth herein shall not be construed to be a waiver by Grantee. I 9,1010 5 6 V. MISCELLANEOUS A. This instrument sets forth the entire agreement of the parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations, understandings or agreements relating to the Conservation Easement. If any provision is found to be invalid, the remainder of the provisions of the Conservation Easement, and the application of such provision to persons or circumstances other than those as to which it is found to be invalid, shall not be affected thereby. B. Any notices shall be sent by registered or certified mail, return receipt requested, to the parties at their addresses shown above or to other address(es) as either party establishes in writing upon notification to the other. C. Grantor shall notify Grantee in writing of the name and address and any party to whom the Property or any part thereof is to be transferred at or prior to the time said transfer is made. Grantor further agrees to make any subsequent lease, deed, or other legal instrument by which any interest in the Property is conveyed subject to the Conservation Easement herein created. D. The Grantor and Grantee agree that the terms of this Conservation Easement shall survive any merger of the fee and easement interests in the Property or any portion thereof. E. This Conservation Easement may be amended, but only in a writing signed by all parties hereto, and provided such amendment does not affect the qualification of this Conservation Easement or the status of the Grantee under any applicable laws, and is consistent with the purposes of the Conservation Easement. F. The parties recognize and agree that the benefits of this Conservation Easement are in gross and assignable provided, however, that the Grantee hereby covenants and agrees, that in the event it transfers or assigns this Conservation Easement, the organization receiving the interest will be a qualified holder under N.C. Gen. Stat. § 121-34 et seed. and § 170(h) of the Internal Revenue Code, and the Grantee further covenants and agrees that the terms of the transfer or assignment will be such that the transferee or assignee will be required to continue in perpetuity the conservation purposes described in this document. VA 'BOOK 2 3 --t I pfilo 5 1 VI. QUIET ENJOYMENT Grantor reserves all remaining rights accruing from ownership of the Property, including the right to engage in or permit or invite others to engage in only those uses of the Easement Area that are expressly reserved herein, not prohibited or restricted herein, and are not inconsistent with the purposes of this Conservation Easement. Without limiting the generality of the foregoing, the Grantor expressly reserves to the Grantor, and the Grantor's invitees and licensees, the right of access to the Easement Area, and the right of quiet enjoyment of the Easement Area. TO HAVE AND TO HOLD the said rights and easements perpetually unto the State of North Carolina for the aforesaid purposes. AND Grantor covenants that Grantor is seized of said premises in fee and has the right to convey the pennatient Conservation Easement herein granted. IN WITNESS WHEREOF, the Department of Transportation has hereunto set its hand and seal on the day and year first above written. ATTEST: SEC TAR 0 THE BOA OF TRANSPORTATION AND CUSTODIAN OF THE SEAL OF THE DEPARTMENT OF TRANSPORTATION 8 Abp NORTH CAROLINA WAKE COUNTY APPROVED AS TO FORM: ROY COOPER Attor y General AM Assistant Attorney General Thisthe_Lrdayof �, 2005, personally appeared before me, C.. j -t , a Notary Public of said County and State, Tammy Denriing, who being by me duly sworn, says that she knows the Seal of the Department of Transportation and is acquainted with John B. Williamson, Jr., who is Manager of Right -of Way of the Division of Highways of said Department, and that she, the said Tammy Denning, is the Secretary to the Board of Transportation and Custodian of the Seal of the Department of Transportation, and saw said Manager of Right -of Way sign the forgoing instrument, and that she, the said Secretary to the Board of Transportation and Custodian of the Seal of the Department of Transportation., affixed said seal to said instrument and signed her name in attestation of the execution thereof in the presence of said Manager of Right -of -Way. WITNESS my hand and Notarial Seal, the day of 0,05 No r Public � My Commission Expires: '7 f\ - NORTH CAROLINA —Wayne County The foregoing cerfiftcate of _ Joe G • Creech Jr- a notary public is certified to be correct. This instrument and this certification are duly registered at the date and time and in the Doak and, age showp on the first page hereof. Lois 3. MOORING, Register q Deeds By y NX Regc. r f f3eed � DEEDS REG Doc ID: 005092590014 TvDe: GRP Recorded: 08/31/2005 at 12:59:26 pn Fee Amt: $53.00 Page I of 14 WAYNE COUNTY. NO LOIS J MOORING REGISTER OF DEEDS ����4�� ������ ������ BK Po VIDEO STATE OF NORTH CAROLINA CONSERVATION EASEMENT WAYNE COUNTY SPO File Number y6-AK Prepared by: Attorney General's Office Property Control Section After recording return to: �Blane Rice, State Property Office 1321 Mail Service Center Raleigh, NC276Ao-|32l THIS CONSERVATION EASEMENT, made this 22 nd day of June 2005.by and between the Rousing Authority o[ the City uf Goldsboro, NC, Grantor, and the State of North Carolina, Grantee, whose mailing uddcoax is State of North Carolina Sxou Property Office, 116 West Jones Street, Raleigh, NC 27603'8003. The designations Grantor and /3mnmue as used herein shall include said parties, their heirs, successors, and assigns, and uhn\| include singular, plural, masculine, feminine, or neuter as required by context. ^~^'`~``---' . WHEREAS, pursuant tothe provisions ��C.Gen. Stat. §|4J-2l4.X et �� the State of North Carolina has established the Ecosystem Enhancement Program (formerly known as the Wetlands Restoration Program) within the Department ofEnvironment and Natural Resources for the purposes of acquiring, maintaining, restoring, enhancing, creating and preserving wetland and riparian resources that contribute to the protection and improvement of water quality, flood prevention, fisheries, aquatic habitat, wildlife habitat, and recreational opportunities; and WHEREAS, The State of North Carolina is qualified to be the Grantee ofuConservation Easement pursuant »nN.C. Gen. Szm. § 121-35; and WHEREAS, the Ecosystem Enhancement Program in the Department of Environment and Natural Resources hasayproveJuoceptanccoftbinioytromem;ood WHEREAS, the Department of Environment and Natural Resources, the North Carolina Department of Transportation and the United States Army Corps of Engineers, Wilmington District entered into aMemorandum ofAgreement, (&OA) duly executed by all parties in Greensboro, NC on July 22, 2003. This N1OA recognizes that the Ecosystem Enhancement Program is to provide for compensatory mitigation by effective protection of the land, vvmo and natural resources of the State by restoring, enhancing and preserving ecosystem functions; and ^, WHEREAS, the acceptance of this instrument for and on behalf o[the State of North Carolina has been granted to the Department of Administration by nuau|udoo as approved by the Governor and Council of State adopted at u meeting held in thr City of Raleigh, North Carolina, on the 8"' day of February 200O;and WHEREAS, Grantor owns in fee simple certain real property situated, lying, and being in Goldsboro Township, Wayne County, North Carolina yhc "Protected Property"), and being more particularly described ox that certain parcel of land containing o total of approximately 4576 acres and being conveyed to the Grantor hy deed recorded in Deed Book 777a1Page 566, Plat Cabinet G,Slide 137 of the Wayne County Registry, North Carolina; and further identified as PIN Numbers 12-2599-68- 7977 and l2-2599-68'3028,and WHEREAS, Grantor is willing to grant u Conservation Easement on the Protected Property, thereby restricting and limiting the use of the Protected Property oo the terms and conditions and for the purposes hereinafter set forth, and Grantee is willing to accept such easement. zn NOW, THEREFORE, in consideration of the mutual covenants, terms, conditions, and restrictions hereinafter set forth, Grantor unconditionally and irrevocably hereby grants and conveys unto Grantee, its successors and assigns, forever and in perpetuity, uConm:rvaimn Easement ofthe uokvc and character and to the cxicot hereinafter set forth, over a portion of the Protected Property, referred W hereafter as the Easement Area, for the benefit of the people of North Carolina, and being all of the tracts of land as identified oaTracts A, B` and C as shown "um plat *f survey entitled "Survey for Conservation Easement on Property of Goldsboro Housing Authority and NC Department of Transportation got NC Ecosystem Enhancement 9n»grnm" dated May 1.6, 2005, certified by Bobby Rex VCornegny, 9LS, L-944` and recorded in Plat Cabinet M, Slide 46-F, Wayne County Registry, Tracts being more particularly described au follows and on Exhibit B attached hereto: Tract A,75,564SFml.735acres +/- Tract £- 27,075Synr0.622 acres +- T,uo C- 4.897 8FnrO.112 acrco+/- The purposes of this Conservation Easement are W maintain, restore, enhance, and create wetland and/or riparian resources inthe Easement Area that contributes m the protection oodimpm`mmcnt of water quality, flood prevention, fisheries, aquatic habitat, n/i|d|i@ habitat, and mcmuhono| opportunities; to maintain peuuuuundy the Bmxumcn/ Area in its natural condhion, consistent with these purposes; and to prevent any use of the Easement Area that will significantly impair orinterfere with these purposes. To achieve these purposes, the following conditions and restrictions are set forth: � DURATION OF EASEMENT This Conservation Easement shall be perpetual. Uivan casement in gross, runs with the land, and iu enforceable byGrantee against Grantor, their personal representatives, heirs, successors, and assigns, lessees, agents, and licensees. 8I. RESERVED USES AND RESTRICTED ACTIVITES The Easement Area shall borestricted from any development musage that would impair m interfere with the purposes of this Conservation Easement. Unless expressly reserved as a compatible use herein, any activity in, nr use of, the Easement Area hy the Grantor is prohibited nminconsistent with the purposes of this Conservation Easement. Any rights not expressly reserved hereunder by the Grantor have been acquired by the Grantee. The following specific uses are prohibited, restricted, or reserved as N A. Recreational Uses. Grantor expressly reserves the right mundeveloped recreational uses, including hunting and fishing, and access Nthe Easement Area for the purposes thereof Usage of motorized vehicles inthe Easement Area ieprohibited. B. Educational Uses. The Grantor reserves the right to undeveloped educational uses and the right of access tothe Easement Area for such purposes including organized educational activities such os site visits, studies, and observations. C. Vegetative Cutting. Cutting, removal, mo*/ing,harming or destruction ofany vegetation in the Easement Area by the Grantor shall be limited to the extent necessary for the protection, well-being and safety of Grantor, and Grantor's property, and for the protection, well-being and safety ofthe general public, including property and the proper functioning of the Easement Area. D. Industrial Use. Industrial activities bn the Easement Area are prohibited. B. Residential Use. Residential use o[ the Easement Area toprohibited, P. Commercial Use. Commercial activities in the Easement Area are prohibited. G. Agricultural Use. Agricultural use of the Easement Area including use for cropland, waste |ugouou, or pastureland is prohibited. B. New Construction. There shall be no building, facility, mobile home, or other structure constructed or placed iu the Easement Area. L Signs. No signs shall bopunnittedin the Easement Area except interpretive signs describing restoration activities and the conservation vx|oeu of tile Easement Area, signs identifying the owner of the Protected Property and the holder of the Conservation Easement, and signs giving directions or proscribing rules and regulations for the use of the Easement Area. J. Dumping. Dumping uf soil, trash, ashes, garbage, waste, abandoned vehicles, appliance or machinery, or other material in the Easement Area iyprohibited. K. Grading, Mineral Use, Excavation, Dredging. There shall bonograding, filling, excavation, dredging, mining, or drilling; Do removal of topsoil, sand, gravel, rock-, peat, minerals, or other materials. L Water Quality and Drainage Patterns. There shall beom diking, draining, dredging, channeling, filling, leveling, pumping, impounding or related activities, or altering or tampering with water control structures or devices, or disruption or alteration of the restored, enhanced, or created drainage patterns. In addition, diverting or causing nr permitting the diversion of surface or underground water into, within or out of the easement area by any means., removal of wetlands, polluting or discharging into waters, springs, seeps, or wetlands, n, use o[pesticide or biocides is prohibited. M. Subdivision. Subdivision, partitioning, or dividing the Easement Area is prohibited. N. Development Rights. Nu development rights that have been encumbered o, extinguished by this Conservation Easement shall he transferred pursuant /nn transferable development rights scheme or cluster development arrangement or otherwise. O. 01i}dixy. Through, ovor, under and across the Easement Area, tile following conditions shall apply: l) All existing utility easements and facilities are exempt fi-om tile requirements described 2) Pipeline and utility line construction will bo minimized tothe greatest extent practicable. 3) All disturbed facilities, features and vegetation will be restored to their original condition. Due yo the environmental sensitivity nfthe Protected Property, disturbed and removed vegetation in access areas, staging areas, constructed ao:ux, excluding the permanent utility easement, will be replaced with herbaceous species such that the Protected Property achieves a rapid recovery from the disturbance. The permanent utility easement will be re-vegetated with suitable grass vegetation. 3 4) Corridor and clearing width for both crossings and parallel construction will be limited to the minimum necessary to construct the needed facilities, subject N line size, equipment size and work zone. The temporary construction easements will be re-vegetated with native herbaceous species at the completion of construction. 5) Utility construction will minimize the disturbance uf structures used for grade control, habitat and bank stabilization. lf disturbance occurs in order \o provide service, the structure will be restored to its original condition. 6) Pennmnent utility easement corridors will hc minimized tothe greatest extent practicable and are normally limited to thirty (30) feet in width depending upon pipeline size and depth. Exceptions, at the sole discretion of the Grantor to this limit are allowed in the usual cases of work toho done on very deeply buried utilities. 7) Vegetative clearing and general construction disturbance will bc minimized to the greatest extent practicable. D) Crossings will bc perpendicular whenever possible. 9) Crossings will be accon-iplished by drilling, boring and jacking methods wher practicable. When crossings must bo constructed using open trench excavation, temporary Oiscbarge of excavated or 5D material will bo minimized bnhoth quantity and duration to the greatest extent practicable as determined by the lO) Erosion control devices shall oe utilized nn contain all disturbed materials and will conform to State requirements. Crossing of the waterway, wetland or other water feature will be accomplished in a timely manner such that environmental and flooding impact is minimized. l() Depth of underground construction shall oe/oa sufficient depth u` avoid future exposure due to scouring wherever possible. 12) [tiU/iun constructed parallel m stream corridors will ben minimum o[ twenty (20) feet horizontally from the top of stream bank unless explicit exception is granted. The area between the utility and 20 feet wide area from the top nf stream bank shall remain undisturbed except uLcrossings. � The Grantee, and authorized � of the Grantee, shall have the right 0wenter the Protected Property at all reasonable times w undertake any activities m restore, manage, maintain, enhance, and monitor the wetland and riparian resources of the Protected Property. These activities include planting oftrees, shrubs and herbaceous vegetation except within permanent utility euoemen|s, installation of monitoring wells, utilization of heavy equipment to grade, fill, and prepare the soil, modification of the hydrology of the site, and installation of natural and manmade materials uonoododomdiructio-yUoom,xhove ground, and aubiorru000uu water flow. All grading and filling operations and use uf heavy equipment in and across the pen-nanent utility easements will require prior approval of the utility in order to ensure no darnage is done to the utility facilities. In addition, the Grantee, and authorized representatives ufthe Grantee, shall have the right to enter the Protected Property at all reasonable times for the purpose of inspecting said property to deternime if the Grantor is complying with the terms, conditions, restrictions, and purposes of this Conservation Easement. See attached letter of � intent dated June 24,2UO3 from the NC Wetlands Restoration P�mm`�w�oxm�NCB���mD��m�m/P�mm,|sm������h&m�� conservation easernent when recorded. This letter addresses maintenance, expenses, and Any areas of the Protected Property damaged ase result of Grantee's activities will he restored, at the expense of the Grantee, as near as possible to the condition that existed prior to such damage. 11 The Grantee, and authorized representatives of the Grantee, shall have the right Nenter the Eoxunnnt Area and shall have the right of reasonable ingress and egress to the Easement Area over the Protected Property, at all reasonable times to undertake any activities to restore, manage, maintain, enhance, and monitor the wetland and riparian resources of the Easement Area. These activities include planting oftrees, shrubs and herbaceous vegetation, installation of monitoring, wells, utilization of heavy equipment to grade ', fill, and prepare the soil, modification of the hydrology of the site, and installation of natural and manmade materials as needed to direct in- stream, above ground, and subterraneous water flow. lo addition, the Grantee, and authorized representatives u[ the Grantee, okuDbme\hcrigbttoentordhoEooemcn|/\reaundobo||huvedho right of reasonable ingress and egress to the Easement Area over the Protected Property, at all reasonable times for the purpose of inspecting said property to determine if the Grantor is complying with the terms, conditions, restrictions, and purposes of this Conservation Easement. The easement rights granted herein do not include public access: rights. The Grantee shall not engage |nactivities that result in the elevation of the flood plain as defined on the date ofthis Conservation Easement. The Grantor may request permission to vary fi-om the above restrictions for good cause shown, provided that any such request is consistent with the purposes of this Conservation Easement. The Grantor shall not vary fi-om the above restrictions without first obtaining written approval from the Grantee, NC Ecosystem Enhancement Program (formerly Wetlands Restoration Program), whose mailing address is 1652 Mail Service Center, Raleigh, NC27699'i652. � Ill. ENFORCEMENT AND REMEDIES A. In the event that the Grantee determines that the Grantor has violated mis threateninto Zn violate any of these terms, conditions, or restrictions, the Grantee may institute a suit to enjoin such violation and if necessary, to require the restoration of the Easement Area to its prior condition o¢ the expense uf the Grantor. B. No tbUuro on the part of Grantee to enforce any covenant or provision hereof shall discharge or invalidate such covenant or any other covenant, condition, or provision hereof or affect the right o[Grantee to enforce the same in the event ofosubsequent breach nrdefault. IV. MISCELLANEOUS A. This Conservation Easement shall be construed Wpromote the purposes of N.C. Gen 8tat. 3 143-214.8 et��.tile Ecosystem Bnhouccmom Program, formerly the Wetlands Restoration Program. B. This instrument sets forth the entire agreement of the parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations, understandings or agreements relating to the Conservation Easement. If any provision is found to be invalid, the remainder of the provisions of the Conservation Easement, and the application of such provision to persons or circumstances other than those as to which it ix found tubo invalid, shall not bo affected thereby. C Any notices shall be xout by registered or certified omU, return receipt requested to the parties at their addresses shown above or to other address(es) as either party establishes in writing upon notification m the other. � � D. Grantor shall notify Grantee in writing of the name and address and any party to whom tile Protected Property or any part thereof isrohe transferred otor prior tu the time said � � [sfer is made. Grantor further agrees to make any subsequent lease, deed, or other it instrument by which any interest in the Protected Property is conveyed subject to Conservation Easement herein created. I V. QUIET ENJOYMENT Gr i antor reserves all rights accruing from ownership of the Protected Property, including the right to engage in or permit or invite others to engage in only those uses of the Easement Area that are exp l ressly reserved herein, not prohibited or restricted herein, and are not inconsistent with the purpose of this Conservation Easement. Without limiting the generality of the foregoing, the Grantor expressly reserves to the Grantor, and the Grantor's invitees and licensees, the right of access to the Easement Area, and the right of quiet enjoyment of the Easement Area. TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for the aforesaid purposes. AND Grantor covenants that Grantor is seized of said premises in fee and has the right to convey the permanent easement herein granted; that the same are free from encumbrances and that Grantor will warrant and defend title to the same against the claims of all persons whomsoever. IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and sea], the day and year first above written, The Housing Authority of the City of Goldsboro, NC (SEAL) Gene D. Thomas, Executive Director a V 0' X, it! W t9 RUM NORTH CAROLINA COUNTY OF rs n Notary Public in and for the County and State aforesaid, do hereby certify that r k' Grantor, personally appeared before me this day and acknowledged the execution of the foregoing instrument on behalf of the Housing Authority of the City of Goldsboro, NC IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the day of I �' , — My commission expires: t NORTH CAROLINA — Wayne County %j OPERATIONS & MAINTENANCE AGREEMENT June 24, 200' ) Housing Authority of the City of Goldsboro, NC Z� Attention: Mr. Gene D. Thomas, Executive Director P.O. Box 1403 Goldsboro, NC 27533 -1403 Dear Mr. Thomas: At the February 5, 200 :?, meeting in Greensboro Field Office of the US Department of Housing and Urban Development concerning the proposed stream restoration project on the Goldsboro Housing 11� Authority's West Haven property, it was requested of the NC Wetlands Restoration Program (NCWRP) to provide a letter of understanding that states the financial responsibilities of all parties involved. The purpose of this letter is to clarify said responsibilities of the NC)VRP and the Goldsboro Housing Authority related to the stream restoration project. The NCW-RP will be responsible for 100% of the design, land acquisition, and construction costs associated with stream restoration. The NC)N7RP will also be responsible for all costs associated with monitoring and maintaining the physical and biological aspects of the constructed project for a period of five years from completion. In the event that maintenance is required, it may involve such examples as repairing man-made structures designed for stream stability and replanting vegetation is areas where survival is low. responsibility to maintain the project during or after the five- The Goldsboro Housing Authority holds no responsl create a year monitoring/maintenance period following construction. The intent of the project is to naturally self-sustaining aquatic system with no Iona -term need for maintenance. The restored stream system and vegetated areas included in the easement area will be subject to the provisions and I restrictions of the conservation easement and the state and federal laws associated with the Clean Wate r Act that are applicable to the waters of the United States of America. The aerial photograph with depicted limits of construction, presented at the February 5 meeting and to be used as an exhibit with the option agreement, does represent the limits of the easement. The easement boundaries will be deter-mined more precisely as the project design is developed, at which time, the 0j Goldsboro Housing Authority and the NC)VRP will agree on the exact locations of the easement, which will then be surveyed and described by a Professional Land Surveyor (cost to be incurred by the NCWRP). C Z' ) Wetlands Restoration Program i 1619 Mail Service Center 320 West Jones Street Phone: (919) 733-5208 DETNTR Customer Service Raleigh. NC 27699-1617 Raleigh. NC 27603 Fax: (919) 733 -5321 1 (800) 623-7748 N Gene D. Thomas June 24, 2.003 It is our hope that this letter establishes a clear understanding of financial responsibilities related to the strewn restoration project and the conservation easement. Please contact me if you have any questions at (919) 716 -1922. I I i Sincerelvl i Kristin E.I Miguez NC RP Project Manager i cc: File Blane Rice, State Property Office sl AS- BUILTS i s. T y l y y — y v v — v w v y y r W w v f B nEwf,o nakq � Ak �Y 5 �* Nr =_ srt sum is nuo sxltr as m rvs NC oErnu /� m 4 Dewberry tovpa020588001 o�° a �v~ia w� °n _ m z Or< N < � y aN w O eeHE"—ES C p,tl � i r �� cnrosv m •�� PLANTING NG 11 PLAN ® RECQRD DOCUMENT .�C- ,5 �I 2 PERMITS U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID. SAW- 2006 - 40331 -396 County: Wayne USGS Quad: Northwest Goldsboro GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner / Authorized Agent: NC Ecosystem Enhancement ProLyram Attn: Lin Xu Address: 1652 Mail Service Center Raleigh, NC 27699 Telephone No.: 919 - 715 -7517 Size and location of property (water body, road name /number, town, etc.): Approximately 2.5 acre project area located on the west side of US 117, within the Westhaven Apartment Complex Goldsboro NC Description of projects area and activity: This permit authorizes the deposition of fill material including installation of in- stream structures (e.g. fiber rolls log and rock vanes, root wads riprap, etc) and /or excavation within 1800 linear feet of unnamed tributaries to Borden Field Ditch a tributary of the Neuse River, in association with the restoration and enhancement of the stream system Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: Nationwide Permit Number: 27 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone (919) 733 -1786) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals /permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Tom Walker. Corps Regulatory Official rp � ry Expiration Date of Verification: 03/18/2007 Page 1 of 2 Date: 08/16/2006 PHOTOS Goldsboro Housing Authority Stream /BMP Project (EEP Project Number 145) Fixed - Station Photographs taken August 2009 Goldsboro Housing Authority (final) EEP Project Number 145 Wayne County, North Carolina Axiom Environmental, Inc. Monitoring Year 1 of 5 (2009) October 2009 Appendices Goldsboro Housing Authority Stream /BMP Project (EEP Project Number 145) Fixed - Station Photographs taken August 21, 2012 lip bb wi � QTID Dl, R NT,m Z ro.I p Ph, r n NO 9 Goldsboro Housing Authority (final) EEP Project Number 145 Wayne County, North Carolina Axiom Environmental, Inc. Monitoring Year 4 of 5 (2012) December 2012 Appendices