20041646 Ver 1_COMPLETE FILE_20070831

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
October 13, 2004
Union County
TIP Project No. R-2420B
DWQ 04-1646
APPROVAL of 401 Water Quality Certification
Mr. Joseph H. Mickey, Jr.
NC Wildlife Resources Commission
PO Box 387
Elkin, North Carolina, 28621
Dear Mr. Mickey:
You have our approval, in accordance with the attached conditions and those listed below, to impact 773
linear feet of stream known as the Green Site for the purpose of enhancing Goose Creek. Mitigation
credits for this enhancement project will count towards fulfillment of the requirements identified in WQC
97-0863 for TIP Project No. R-2420B (I-485 Outer Loop). The project shall be constructed in accordance
with your application dated September 18, 2003 (received Sept?mber 22, 2003). After reviewing your
application, we have decided that these impacts are covered by general Water Quality Certification
Number 3399. This certification corresponds to the Nationwide Permit 27 issued by the Corps of
Engineers. In addition, you should acquire any other federal, state,or local permits before you proceed
with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water
Supply Watershed regulations. This approval will expire with the accompanying 404 permit, unless
otherwise specified in the Water Quality Certification.
This approval is valid solely for the purpose and design described in your application (unless modified
below). Should your project change, you must notify the DWQ and submit a new application. If the
property is sold, the new owner must be given a copy of this Certification and approval letter, and is
thereby responsible for complying with all the conditions. If total wetland fills for this project (now or in
the future) exceed one acre, or of total impacts to streams (now or in the future) exceed 150 linear feet, .
compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h) (6) and (7). For this
approval to remain valid, you must adhere to the conditions listed in the attached certification.
1.) Upon completion of the project, the NCDOT shall complete and return the enclosed
"Certification of Completion Form" to notify DWQ when all work included in the 401
Certification has been completed. The responsible party shall complete the attached form and
return it to the 401/Wetlands Unit of the Division of Water Quality upon completion of the
project.
2.) It is our understanding that you are seeking mitigation credits for the restoration and enhancement
of Brock Mill Pond. The Mitigation Credits available are listed in the following table:
Brock Mill Pond Mitigation Credits
Nose Carolina
l
Transportation Permitting Unit Nturall,J
1650 Mail Service Center, Raleigh, North Carolina 27699-1650.
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetlands
Mitigation Category Amount Available Credit
Ratio Mitigation
Credits
Stream Enhancement 773 linear feet 3:1 258 linear feet
3) All sediment and erosion control measures shall not be placed in wetlands or waters to
the maximum extent practicable. If placement of sediment and erosion control devices
in wetlands and waters is unavoidable, they shall be removed and the natural grade
restored after the Division of Land Resources has released the. project.
4) During the construction of the project, no staging of equipment of any kind is
permitted in waters of the U.S., or protected riparian buffers.
5) When possible, heavy equipment should be operated from the banks rather than in the
stream channel in order to minimize sedimentation and reduce the likelihood of
introducing other pollutants into the surface waters.
6) All mechanized equipment operated near surface waters must be regularly inspected
and maintained to prevent contamination of stream waters from fuels, lubricants,
hydraulic fluids, or other toxic materials.
7) A copy of this Water Quality Certification shall be posted on the construction site at all
times. In ,addition, the Water Quality Certification ands ll subsequent modifications, if
any, shall be maintained with the Division Engineer and' he on-site project manager.
8) The outside buffer, wetland or water boundary located within the construction corridor
approved by this authorization shall be clearly marked by orange fabric fencing prior
to any land disturbing activities. Impacts to areas within the fencing are prohibited
unless otherwise authorized by this certification.
9) Riparian vegetation must be reestablished within the construction limits of the project
by the end of the growing season following completion of construction.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please contact Brian Wrenn at 919-733-5715.
Sincerely,
Alan W. Klimek, P.E.
Attachment
cc: Steve Lund, US Army Corps of Engineers Asheville Regualtory Field Office
Marla Chambers, NCWRC
Marella Buncick, USFWS
Polly Lespinasse, NCDWQ Mooresville Regional Office
Central Files
File Copy
1?
® North Carolina Wildlife Resources Commission 9
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: Michael Wood, Catena Group
Cynthia Van Der Wiele, NCDWQ es
Steve Lund, USCOE
Marella Buncick, USFWS
Chris Militscher, USEPA
Larry Thompson, NCDOT
FROM: Joe Mickey, NCWRC
DATE: September 18, 2003
04'646
' I' DS1 1

SUBJECT: Greene Mitigation Site, Goose Creek, Mecklenburg County
We are pleased to submit the Greene stream mitigation enhancement plan for your review. Also
enclosed are copies of the easements and land purchases for the site. This plan is being
submitted as partial fulfillment of the off-site stream mitigation agreement between the North
Carolina Wildlife Resources Commission and North Carolina Department of Transportation for
the R-2420 B University Boulevard from SR 2498 to east of I-85 project in Mecklenburg
County. This plan meets the requirements for an enhancement level one mitigation category that
generally includes improvements to the stream channel and riparian zone. Other enhancement
activities include placement of in-stream cover, reshaping and revegetation of selected
streambanks.
Please forward any comments or concerns to me at P. O. Box 387, Elkin, NC 28676 or by email
to [e-mail] . Once the plan is approved by the review and permitting agencies, we
will begin the process of putting the project out for construction bids.
Thanks for your time in reviewing these plans.
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] ext. 281 0 Fax: [phone]
Greene Mitigation Site
Goose Creek, Mecklenburg County
Enhancement Plan
Prepared for the
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
STREAM MITIGATION PROGRAM
Transportation Improvement Project R-2420 B
Joseph H. Mickey, Jr.
Staci S. Hining
NORTH CAROLINA WILDLIFE RESOURCES COMMISSION
Division of Inland Fisheries
Raleigh
2003
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Abstract.-This report details stream enhancement plans for 733 linear feet of
Goose Creek known as the Greene site, Mecklenburg County, North Carolina.
The enhancement plan is submitted as partial fulfillment of the off-site stream
mitigation agreement between the North Carolina Department of Transportation
(NCDOT) and North Carolina Wildlife Resources Commission (NCWRC) for
the R-2420 B University Boulevard construction project, Mecklenburg County.
The objectives of this project are to decrease streambank erosion by converting
the unstable existing G4/174 stream channel to a stable F4/C4 stream channel, to
create a more stable floodplain at a lower elevation and to improve in-stream
aquatic habitat. This is an Enhancement Level I mitigation category that
generally includes improvements to the stream channel and riparian zone that
restore dimension and profile. Other enhancement activities include placement
of in-stream cover, reshaping and revegetation of selected streambanks.
The Goose Creek watershed in Mecklenburg and Union Counties represents one of two
remaining North Carolina habitats of the federally endangered Carolina Heelsplitter mussel
(Lasmigona decorata). As a result of concern for this species, the North Carolina Division of
Water Quality (NCDWQ), North Carolina Wetlands Restoration Program (NCWRP), North
Carolina Wildlife Resources Commission (NCWRC), United States Fish and Wildlife Service
(USFWS), and Natural Resource Conservation Service (MRCS) have designated the entire
Rocky River drainage, which includes Goose Creek, as a priority area for conservation and
protection. Because of this concern, when the North Carolina Department of Transportation
(NCDOT) proposed construction of University Boulevard and the I-485 corridor; United States
• Army Corps of Engineers (USCOE), NCDWQ and USFWS permit conditions required that
NCDOT mitigate for project impacts by restoring degraded habitat in the Goose Creek
watershed. The NCDOT then entered into a stream mitigation agreement in 1998 with the
NCWRC to do the required stream mitigation. This plan is submitted as partial fulfillment of the
off-site stream mitigation agreement between NCDOT and NCWRC for the R-2420 B project (I-
485 outer loop). Under this agreement a total of 903 linear feet of stream mitigation is required
by the USCOE (permit No. 199830022) and NCDWQ (permit No. 3182). This plan documents
existing conditions, objectives of the project and the proposed approach to stream enhancement
(bank stabilization and habitat improvement) along 773 linear feet of Goose Creek known as the
Greene site, Mecklenburg County (Figure 1).
Methods
Baseline conditions for Goose Creek at the Greene site were determined through field
investigations and review of existing information. The geomorphology of the stream was
classified using the Rosgen (1996) Level II classification system. Established stream mitigation
restoration/enhancement guidelines were utilized for this project (USCOE et al. 2003; Doll et al.
2003; Rosgen 1996).
Morphology
Area topographical maps were used to determine stream drainage area and land use. Soil
types for Mecklenburg County were obtained from United States Department of Agriculture,
Natural Resource Conservation Service (1980) soil maps. Regional curve data was determined
from Piedmont North Carolina stream data presented by Clinton et al. (1999), Harman et al.
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• (1999) and Doll et al. (2002). Cross-section geometry, longitudinal profile, and modified
Wolman pebble count (Rosgen 1996) data was gathered during field surveys.
Representative riffle and pool cross-sections and longitudinal profile were measured using
standard stream survey techniques (Harrelson et al. 1994). Cross-sections were positioned to
illustrate stable and unstable characteristics of the channel. Measurements included all
significant breaks in slope across the channel and important features including bankfull
elevations, active floodplain, and stream terraces. The locations of each cross-section were
plotted. Cross-section data was used to classify the stream type based on existing morphological
features of the stream channel and valley type (Rosgen 1994, 1996).
The longitudinal profile was measured from established points along the thalweg of the
stream channel located at the Greene site. The profile indicates the elevations of water surface,
channel bed (thalweg), bankfull, and top of bank. Elevations and positions of stream defining
characteristics (heads of riffles and pools, bedrock ledges, log jams, etc.) were located on this
profile. Bankfull elevation was determined by regional curve data and by bankfull indicators
including depositional features changes in bank angle, vegetation patterns, scour lines, and tops
of point bars.
To determine quantitative composition of the bed material, modified Wolman pebble counts
(Rosgen 1996) were taken at one or more riffle cross-sections. A representative reach pebble
count (percentage of pools/riffles along the longitudinal profile) was also collected. Pebble
• count data was used to further classify a stream based on the median particle size of bed material
(Rosgen 1994, 1996).
A search for reference reach streams used to assist in design formulations included only those
streams within the Goose Creek watershed based on similarities in physiographic setting,
channel slope, bedrock geology, and watershed size. Reference reaches were surveyed based on
methods previously discussed.
Mussels
The federally endangered Carolina heelsplitter (Lasmigona decorata) is found in Goose Creek
downstream of the project site. This species was historically known from several locations
within the Pee Dee River system in North Carolina. However, the species' range has been
seriously reduced by impoundments and the general deterioration of habitat and water quality
due to siltation and other pollutants contributed by poor land use practices.
Conservation Easement
A conservation easement or a land purchase will be obtained along the stream corridor by
NCDOT. The conservation easement/land purchase must have a minimum of 50 feet of riparian
buffer along each bank measured from the bankfull elevation (USCOE et al. 2003).
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is Results
Goose Creek is a tributary to the Rocky River in the Yadkin River drainage in Mecklenburg
and Union counties. The watershed area at the proposed project site is 3.15 mil. Land use
consists of small farms containing pastures, forested areas, housing and commercial
developments. The construction of the new I-485 corridor has resulted in this area being in
transition from a rural to an urban landscape. Goose Creek upstream from this site has suffered
from past and ongoing land disturbing activities including clearcutting, overgrazing of stream
banks, channelization, and development. Streambank instability from poor riparian zone
management and increased run-off is having a significant adverse effect on the stability of the
stream's banks and channel. This bank instability is causing adverse water quality impacts
through increased sedimentation from eroding streambanks.
Morphology
At the Greene site (Figure 1) the stream flows through a wide, gentle valley with a well
developed floodplain (Valley Type VIII). Monacan (MO) soils are located along the stream
corridor while Lignum gravelly silt loam (LgB) and Georgeville silty clay loam (GeD2) soils are
found on the up slopes. The MO soils are somewhat poorly drained, nearly level soils on
floodplains. The LgB soils are moderately well drained soils on low ridges (2 - 8% slope) and
the GeD2 soils are well-drained soils on side slopes on the uplands (8 - 15% slope). All of these
soils have low organic matter in the surface layer and moderate permeability. The GeD2 and
• LgB soils have a medium available water capacity, whereas MO soils have a high available
water capacity with a slow surface runoff.
At this location, the riparian zone is intact along both banks with a mature bottomland forest
consisting mainly of ironwood (Carpinus caroliniana), black walnut (Juglans nigra), sweetgum
(Liquidambar styraciflua), sycamore (Plantanus occidentalis), and pine (Pinus sp.). One
invasive exotic species, Chinese privet (Ligustrum sinense) dominates portions of the riparian
zone and can impede colonization of beneficial native species.
The longitudinal profile survey determined that the site is 733 feet long and composed of
49% riffles and 50% pools (Figure 2). The stream has a sinuosity of 1.22. Bankfull was
determined using field identified indicators, primarily a scour line and bar height, and using
regional curve information (NCSU-Stream Restoration Institute). Bankfull was difficult to
determine at many locations because of vertical, eroding stream banks (Appendix 1). Pebble
count, pavement, and subpavement particle size data are summarized in Appendix 2. The bar
material in riffles was considered medium gravel (D50 = 9.98 mm), whereas over the entire
reach it was considered fine gravel (D50 = 5.70 mm). Cross-section dimension data is
summarized in Figures 3.1 - 3.7. Based on data collected from riffle cross-sections 1+ 39 and
2+57 (Figures 3.1, 3.2), this reach of Goose Creek is classified as an unstable F4 and G4 stream
type. These classifications indicate a stream that is entrenched and deeply incised in gentle
terrain. Sediment supply in the F4 and G4 stream types is moderate to high, as indicated in the
pebble count data with 19% sand in the riffle and 34% sand in the reach (Appendix 2).
• Stormwater channels enter Goose Creek from the left bank at stations 1+42, 3+23 and 6+72.
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• Channel incision has caused abandonment of the former floodplain as the channel continues
to widen at its current elevation and develop new, lower point bars and floodplain surfaces inside
the existing channel. The observed effects of vertical and lateral instability (Appendix 1) are
primarily the combination of high streamflow energy and high available sediment supply.
Severe bank erosion has resulted in many locations and where the channel is overly wide,
deposition of fine sediments has occurred, creating some mid-channel bars and blanketing gravel
bed materials. These types of activities are common in G and unstable F channels.
Riparian vegetation plays a marginal role in streambank stability due to the typically very
high bank heights, which extend beyond the rooting depth of riparian vegetation. These stream
types, especially G4, are very sensitive to watershed disturbance and tend to make significant
adverse channel adjustments in response to changes in flow regimes and sediment supply.
It does not appear that this location was channelized in the past (sinuosity 1.22); however,
there is evidence of past channelization up and downstream of this site. In all likelihood, this area
was cleared 50-70 years ago and grazed by livestock. The degraded streambank and habitat
conditions appear be the result of higher than normal flows created by upstream channelization,
poor riparian zone management, and urbanization of the watershed.
Reference reach data (cross-sections, longitudinal profile, pebble counts) were collected from
two locations. A total of 555 linear feet of Stevens Creek, located approximately 0.1 mile north
of the I-485 crossing in Mecklenburg County (Appendix 3), were surve at
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c stream type (Rosgen 199 A
• this location has a drainage area 3.83 mil and is classified as
total of 657 linear feet of an unnamed tributary to Duck Creek, west of the NC 218
crossing in Union County (Appendix 4), were surveyed. This unnamed tributary has a drainage
area 2.64 mil and is classified as an E4 stream type (Rosgen 1996). Dimensionless ratios of
measurements taken from the reference reaches were compared with information taken from the
project site. This information was also compared with the N.C. piedmont regional curve data
(Doll et al. 2002). Information collected will be used in the design of this Priority 2 streambank
stabilization and habitat enhancement project.
Mussels
The federally endangered Carolina heelsplitter mussel has not been found at this site.
Mussel species found at the site include Carolina creekshell (Villosa vaughaniana), a federal
species of concern and state endangered, Elliptio sp. and the introduced the Asian clam
(Corbiculla fluminea) (M. Folkes, R. Heise, North Carolina Wildlife Resources Commission,
personal communication).
Conservation Easement
For piedmont streams, a permit condition requires that the stream restoration or enhancement
project have a 50 foot riparian corridor; both banks, placed in a conservation easement (CE). At
this site, NCDOT purchased the entire left bank (looking downstream) stream corridor,
is approximately 773 feet and 3.47 acres, known as the Greene property. Along the right bank
NCDOT purchased approximately 440 feet of stream frontage (1.58 acres) known as the
• Gabbard property and obtained a 50 foot wide easement (0.47 acres) along approximately 330
feet of stream frontage along the Tyndall property. Right-of-way access to the easement by
NCWRC personnel will be from Country Woods Drive (SR 4220), just before the culvert
crossing Goose Creek. A copy of the property deeds for the Greene and Gabbard property and
the Tyndall signed CE are found attached to this document titled "Easements and land purchases
for the Greene mitigation site, Goose Creek, Mecklenburg County, N.C.".
Site Recommendations
The objectives of this project are to decrease streambank erosion by converting the unstable
existing G4/F4 stream channel to a stable F4/C4 stream channel, to create a more stable
floodplarn a ower elevation and to improveit s eam aquatic habitat. This is an Enhancement
Level I mitigation category (USCOE et al. 2003) that generally includes improvements to the
stream channel and riparian zone that restore dimension (cross-section) and profile (channel
slopes). This category may also include other appropriate practices that provide improved
channel stability, water quality, and stream ecology.
Stream enhancement
Figures 4.1 - 4.7 show the existing condition and the design and dimensions at established
cross -sections. Design parameters are given in Table 2. Because of the existing sinuosity of
1.22 and to prevent damage to mature vegetation along the stream corridor, no change in pattern
• is planned. Design considerations based on the reference reach streams (Appendix 3, 4) were
difficult since these streams were classified as E4/G4c. Design considerations were, therefore,
based on professional judgement and the most stable characteristics of the reference reaches and
stable sections of the existing F4/G4 channel.
Table 3 summarizes the location of proposed in-stream structures and bank stabilization
improvements. Rock weirs, rock vanes, log vanes, and root wad structures (Appendix 5.1, 5.2,
53) will be used to rreedu a the near bi-n-k stress-ffiff-direct flows towards the center of the stream.
These structures will also improve in-stream aquatic habitat and provide long-term bank
stability. Selected eroding streambanks will be graded on a 1.5:1 or 2:1 slope, whereas other
areas will be graded to create a point bar to create a bankfull or floodplain bench (Appendix 5.4).
The purpose of this activity is to reduce streambank erosion and create an area for bank re-
vegetation. Stormwater channels at stations 1+42 (Figure 3.1), 3+23, and 6+72 are headcutting
and will have to be sta i ize wi s ep-poo roc structures (Appen ix s work will have
to be coordinated with the DOT stormwater proposal for these areas (Gilmore 2001, North
Carolina Department of Transportation, letter communication).
Rock for vanes and weirs will be hauled from a local quarry. Rock vanes and weirs will
constructed according to standard guidelines (Appendix 5.1, 5.2). Footer rocks will be plac
approximately 2 feet below the normal stream bottom where bedrock is not enco e . Rock
size will vary from approximately 500 pounds (4 ft) up to 1250 pounds (9 W . Root wads and
logs will be obtained from trees removed for cons ction access or streambank improvements.
. Root wads will be used to protect the outside of m nders and provide in-stream cover.
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• Structures will be built by a track-hoe with a thumb working from the top of the bank or from
within the channel, if necessary.
In general, the degraded conditions associated with this mitigation site are the result of bank
erosion where the channel is overly wide, resulting in some aggradation and unusual bar
formation at some locations in the channel. In an attempt to stabilize itself, the channel has
begun the process of point bar formation at some locations. We have evaluated the competency
of the proposed channel to insure that sediment transport problems will not be created by this
project (Table 4). The' design maximum bankfull depth should allow sufficient shear stress to
move the larger particles during bankfull events. The shear stress at the riffle was evaluated
using Shields curve to insure that flows in the proposed channel could move the D84 pavement
particle size of 145 mm (Appendix 2.1). Th"ankfull shear stress of 0 531b/ft2 is able to move,
on average a article of 175-180 mm. The shear stress in the proposed channel will move the
D84 part icles there ore, the propose s a i ization activities are competent and the channel
will be able to move its bed load.
Riparian Improvements
The current floodplain terrace contains a mature forest canopy with an understory of Chinese
privet hedge. The mature forest canopy provides stream shading along this site that helps
maintain cooler water temperatures during the summer months. At some locations, the rooting
depth of existing vegetation is deep enough to provide long-term bank stability. However, at
• many locations vertical banks continue to undermine existing trees that contribute to streambank
failure and increased sedimentation.
The riparian zone will be improved with a number of practices. Disturbed streambank sites
will be shaped to approximately 1.5:1 or 2:1 slope. Bank sloping should reduce undercutting,
improve the ability of vegetation growth to cover the slope and increase the stability of the bank.
This will allow the water to rise along the sloped surface rather than eroding a vertical bank.
After the streambank has been sloped it will be reseeded with brown top millet or winter
wheat/rye (1 lb/1000 ft2) and with a NCWRC native all-purpose grass/wildflower seed mix (10
lb/acre). Woody vegetation, including live stakes and rooted trees will be planted along all
disturbed areas. Understory growing native woody species such as tag alder (Alnus serrulata),
silky willow (Salix sericea), silky dogwood (Cornus amomum), and e erry (Sambucus
canadensis) will be planted along` sloe streambanks. On the upper anks native trees that
provide shade, ba sta i rty, an c an o d for wildlife will be planted. Woody plantings
will beat therr to of 320 stems per acre as per NCDW guide__._line (USCOE et al. 2003). The
exotic invasive species, Chinese privet, w ect and stumps treated with a solution of
glyphosate (North Carolina Botanical Garden 2001).
Mussels
Before any construction takes place, the site will be surveyed for mussels by qualified
personnel (NCWRC, USFWS, private consultant). All mussels will be identified and relocated
• out of the project site into similar habitat. If mussels are found during construction, work will be

7
halted and the area searched for additional specimens. An attempt will be made to identify the
mussels and they will be relocated out of the project site.
Livestock Exclusion
An important part of any stream mitigation plan is the exclusion of livestock from the
riparian buffer of the stream within the conservation easement boundaries. At this site a
livestock exclusion plan is not required since the site is owned by NCDOT, except for the
Tyndall property which has a 50 foot conservation easement buffer and the area is not used for
livestock grazing.
Erosion Control
Equipment access will be along the left bank (facing downstream) from Country Woods
Drive (SR 4220). A stable construction entrance consisting of surge stone will be constructed.
A section of the existing guardrail will be removed by NCDOT for this access. One stream
crossing (ford) for moving equipment over the channel will be constructed just above cross-
section 1+39. Movement of equipment along streambanks will be on designated passageways
located inside the easements. During construction, equipment will only access the stream when
absolutely necessary. For this project, it is anticipated that all track hoe work can be
accomplished from the top of the bank. However, equipment may be in the stream during the
construction when no other construction alternative exists.
• All construction materials including rock, root wads, logs, and erosion control materials will
be stockpiled at a central location at the site. To limit disturbance of soils, all equipment will
travel along identified travel corridors. Less than 0.5 acres of streambank construction will be
done at one time. Disturbance of soils will be limited to only what work can be accomplished
and stabilized on a daily basis. As a structure is completed, the site will be graded and seeded.
Once the streambanks are sloped, they will be fertilized, limed and hand seeded. All bare
disturbed soils will be seeded with a temporary ground cover of millet, barley, rye, or winter
wheat.. Streambanks will be permanently seeded with a native riparian seed mix. After seeding,
the surface of the sloped bank will be covered with excelsior erosion control matting and
anchored in place with wooden survey stakes and landscape staples. Disturbed areas on level
ground will be seeded and mulched with straw. Stockpiled soils within 50 feet of flowing water
will be surrounded on the down-slope side by a silt fence. High ground areas where soil is
disposed of will be graded, seeded, and mulched as soon as soil moving is completed.
Spill Containment
All equipment supplied by the contractor must be in good working order and should not be
leaking any fluids that could contaminate the stream or property. In case of an accidental spill of
hazardous materials (hydraulic fluids, gas, oil) two Attack Pac emergency spill kits will be on
site during construction. Any spills of hazardous materials will be cleaned up immediately with
contaminated soils disposed of according to state regulations.
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I* Monitoring
Once the project is complete an as-built survey will be completed. Future monitoring
surveys can then be compared to the as-built survey to note if the channel is stable or moving
towards an unstable condition. Environmental components monitored at this site will be those
that allow an evaluation of channel stability and riparian improvements.. Monitoring will be
conducted for five years after construction and will follow the "Stream Mitigation Guidelines"
for monitoring developed by the USCOF NCDW(_. WRA-,-an;J.?. hnvu-onmentai
Protection-Agencyt2003) for Enhancement Level I projects. It is expected that biological
monitoring will not be required at this site.
Conclusion
Past disturbances have impacted aquatic and riparian habitat along Goose Creek. Through
this Enhancement Level I project the stream can be improved to resemble a more natural stream
environment. Water quality will be improved through reduced sedimentation and aquatic and
wildlife habitat will be improved with the return of a functioning riparian corridor.
•
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9
40 References
Clinton, D. R., G. D. Jennings, W. A. Harman, J. M. Patterson, L. O. Slate, and J. Williams.
1999. North Carolina reference stream channel morphology relationships. Pages 393 -
400 in Proceedings of the American Water Resources Association Specialty Conference.
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Restoration Institute and North Carolina Sea Grant. Raleigh.
Doll, B. A., D. E. Wise, C. M. Buckner, S. D. Wilkerson, W. A. Harman, R. E. Smith, and J.
Spooner. 2002. Hydraulic Geometry relationships for urban streams throughout the
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illustrated guide to field technique. General Technical Report RM-245, U. S. Department
of Agriculture, Forest Service, Fort Collins, Colorado.
North Carolina Botanical Garden. 2001. Controlling invasive exotics in your yard, trees, shrubs,
herbs, vines. University of North Carolina, Chapel Hill.
Rosgen, D. L. 1994. A classification of natural rivers. Catena 22:169-199.
Rosgen, D. L. 1996. Applied river morphology. Printed Media Companies, Minneapolis,
Minnesota.
United States Department of Agriculture, Soil Conservation Service in Cooperation with
Mecklenburg County Board of Commissioners and North Carolina Agricultural
Experiment Station. 1980. Soil Survey of Mecklenburg County, North Carolina.
USCOE (United States Army Corps of Engineers - Wilmington District), United States
Environmental Protection Agency, North Carolina Wildlife Resources Commission, and
North Carolina Division of Water Quality. 2003. Stream mitigation guidelines.
Wilmington, North Carolina.
0
•

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• FIGURE 3. Four pre-construction cross-sections for the Greene mitigation site, Goose Creek,
Yadkin drainage, Mecklenburg County, January 2003.
•
101
100
99
98
97
o 96
95
w 94
93
92
91
90
x_ccc WFPA - BKF
0 10 20 3D 40
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DISTANCE (FT)
110
FiGuRE 3.1. Cross-section station 1+39, riffle.
-.*.- X SEC WFPA BKF
0
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99
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0
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93
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91
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0 10 20 30 40 ?+ a+
DISTANCE (FT)
FIGURE 3.2. Cross-section station 2+57, riffle.
•
FIGURE 3. Continued.
--*-•- X SEC - BKF
•
0 10 20 30 40 50 60 7U tsu wu
DISTANCE (FT)
100
99
98
97
U_
96
z
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FIGURE 3.3. Cross-section station 4+22, pool.
--*- X-SEC ---I- BKF
0 10 20 30 40 50 M) iv
DISTANCE (FT)
100
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98
97
z 96
95
w 94
93
92
91
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FIGURE 3.4. Cross-section station 5+39, pool.
is
•
FIGURE 4. Design cross-sections. Greene Site, Goose Creek, Yadkin drainage,
Mecklenburg County, January 2003.
2+3T Feature Type VAm LOT ELIO__ P
UM LAIWA
Existing Riffle G 24 25.5 I t
81) 226 21 - IQ8 47.1
L 24
Design RitEle F 24 25.5 8D 226 1.8 124 41.2 24 1.1
•
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Feature Wfpa LBKF RBKF ELEVbkf Wbkf Lmat W!1) Ablff DIr1aX ER
E Pooi
pool 37
37 27.0
27.0 56.5
56.5 94.47
94A7 29.5
29.5 1.8
1.8 16.4
16.4 53.2
53.2 3.3
3.3 1.3
1.3
11
• FIGURE 4.2 Cross-section station 4+22, pool.
FIGURE 4. Continued.
5+39 Feature Wfpa LBKF RBKF ELEVbkf Wbkf Dbkf W/D Abkf Dmax ER
Existing Pool 37 31.3 54.9 94.37 23.6 2.3 10.3 54.2 3.4 1.6
Design Pool 37 31.3 54.9 94.37 23.6 2.2 10.6 52.3 3.4 1.6
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• TABLE 2. Stream reach data for Goose Creek, Stevens Creek, Duck Creek, design data and
regional curve data, Mecklenburg and Union counties, 2003.
Stream Name: Goose Creek Date: 1/13/03
r
Basin Name: Yadkin Drainage: 2016 Ac. 3.15 Mi
Location: Greene stream mitigation site south of the SR 4220 (Count ry Woods Drive)
Culvert crossing over Goose Creek Mint Hill
Observers:? H Micky S S Hining, NCWRC-Stream Mitigation
Reference Reaches
X-Section X-Section Stevens Duck Design Regiona
Measurement 1+38 2+57 Creek Creek curve data
Bankfull width (ft): 28 226 25 20 20-23 21
Mean depth (ft): 1 6 21 21 2 2 22
Bankfull X-sectional area (fl): 45-3 47-1 53-5 40-3 46-50 46-48
Width / Depth ratio: 17-2 10-8 116 10 >12
Maximum depth(ft): 2-2 2-4 3 1 2.8 2.3
• Width of Flood-Prone Area (ft): 38 24 38 100 50
Entrenchment ratio: 4 11 1 50 5 >2
Channel Materials D50 (mm): 8-3 8-3 10-4 11-9 10
Water surface slope: 0,0068 0-0068 0,0024 0-003 0,0068
Channel sinuosity: 1 22 1 22 1-43 1 4 1.22
Stream type: F4 G4 G4c E4 C4a
Some channel improvements will represent a C channel whereas other areas will remain a F
channel type.
•
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• TABLE 4. Sediment transport calculations: Greene site, Goose Creek,
Mecklenburg County, January 2003.
Bankfull mean depth (ft) 1.81
Bankfull mean width (ft) 25.5
Bankfull cross-sectional area (ft) 46.2
Hydraulic radius 1.8
D50 pavement (mm) 136.2
D50 subpavement (mm) 11.7
Largest particle from pavement (mm) 150
Largest particle from subpavement (mm) 62
Water surface slope (ft/ft) 0.00479
Critical dimensionless shear stress 0.00981
Bankfull shear stress movable particle size (mm) 175
Depth to move the largest particle from subpavement (ft) 0.67
Slope required to move the largest particle from subpavement (ft/ft) 0.0018
Bankfull shear stress (lb/ft2) 0.53
Shields curve to find bankfull shear stress movable particle size (mm): 180
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Appendix 3. Continued
-?-X-SECTION - WFPA - BKF
•
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DISTANCE (FT)
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DISTANCE (FT)
A.3.3. Cross-section station 2+18, pool.
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Appendix 3. Continued.
•
•
•
A.3.5. Photos of Stevens Creek reference reach upstream of the I-485 crossing,
Mecklenburg County, January 13, 2003

f
A
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ad
Looking up-stream to riffle cross-section 0+82
Looking upstream to pool cross-section XS 2+18
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-4-X-SECTION WFPA BKF
•
101
100
99
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96
95
94
0 10 20 30 40 50 60 70 80 90
DISTANCE (FT)
A.4.2. Cross-section station 0+06, riffle.
-0 X-SECTION BKF
100
99
98
97
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94
93
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DISTANCE (FT)
A.4.3. Cross-section station 2+45, pool.
•

i
Easements and land purchases for the Greene
mitigation site, Goose Creek, Mecklenburg County,
North Carolina
Greene Property Purchase
Gabbard Property Purchase
Tyndall Conservation Easement
For the
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION AND
NORTH CAROLINA WILDLIFE RESOURCES COMMISSION
STREAM MITIGATION AGREEMENT PROGRAM
Transportation Improvement Project R-2420 B
2003
t
1
C (0') P
FOR REGISTRRTIOt•1 JUDITH R GIBSON
ItE'ISrER OF DEEDS
1E1111 EIIBURG COUNTY, tic
,R 05 113 iim
ROOK 12O911PnGE 847-0541 EE
NC REnI. FSlnTE ExclsF ink $3 300oo
It•ISIRUMENT 11 2001051107
Excise •1'ax $380.00
RccOI'di119 Time, 13ook and Pagc
Tax Lot No.
Verified by
by
Parcel Identifier No. 195-141-29
County on the day of 20
Mail after recording to James E. Martin, Jr. P.O. Box 36331, Charlotte, NC 28236 - R/D #111
This instrument was prepared by James E. Martin, Jr., Attorney at Law,
Brief Description for the index
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED made this 5th day of April, 2001, by and between
GRAN'T'OR
GEORGE LEON GREENE and wife, LINDA F. GREENE
GRANTEE
DEPARTMENT OF TRANSPORTATION
An Ardency of the State of North Carolina
Address: 209 Charter Street
Albemarle, NC 28001
enter in appropriate block for each party: name, address, and, If appropriate, character of entity, e.g., corporation or partnership. • i ,'•,
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall
include singular, plural, masculine, feminine or neuter as required by context.
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby
acknowledged, has and by these presents does grant, bargai dell and convey unto the Grantee in fee simple, all that
certain lotior parcel of land situated in Clear Creek Township, ecklenburg County, North Carolina and more particularly
described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
N.C. Bar Assoc. Form No. 7 Q 1977
Printed by Agreement with the N.C. Bar Assoc.
#003
• M3;-I
The property hereinabove described was acquired by Grantor by instrument recorded in Book 07240, Page
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging
Grantee in fee simple.
.PINY,
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey
the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and
defend'the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to
the property hereinabove described is subject to the following exceptions:
1. Any unpaid ad valorem taxes;
2. Any enforceable covenants, conditions or easements of record.
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to
be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its
Board of Directors, the day and year first above written.
USE
BLACk
INK
ONLY
(Corporate Name)
By:
ATTEST:
President
Secretary (Corporate Seal)
GEORGV' L-; I GREENE
LINDA F. GREI;NE
(SEAL)
Nowrit CAROLINA, Mecklenburg County.
I, g Notary I'ublic of the County and State aforesaid, certify that George Lcon Greene and Llnda F. 0•eene personally
appeared before me (his clay and acknowledged the execution of the lbregoing instrument.
Witness my hand and official stamp or seal, this Z V_
of t= <_ ` 2001.
Notary Ptt tc:/ 1,1y commission expires:
?-
- t
USE Nowrii CAROLINA, Mecldenburg County.
SEAL-STAMP BLACK 1, a Notary Public of the County and Slate aforesaid, certify that personally came before me this clay and acknowledged that
INK ONLY he/she is Secretaryof, a North Carolina corporation, and that by authority duly given and as the act of the
corporation, the foregoing instrument was signed in its name by it
President, sealed with its corporate seal and attested by him/her as its Secretary.
Witness my hand and official stamp or seal, this _ day of 2001.
Notary Public:
The foregoing Certificate(s) of
is/are certified to be correct. This instrument and this certificate are duly registered at the date and in the Book and Page shown on the first page hereof.
By
commission expires:
REGISTER OF DEEDS FOR
EAL)
(SEAL)
(SEAL)
COUNTY
Deputy/Assistant-Register of Deeds.
N.C. Bar Assoc. Form No. 7 O 1977
Printed by Agreement with the H.C. aar At%nr
-"*<?C?A V?Zqj ?
JUDITH A. GIBSON
REGISTER OF DEEDS, MECKLE.NBURG COUNTY
COUNTY & COURTS OFFICE BUILDING
720 EAST FOURTH STREET
CHARLOTTE NC 28202
Filed For Registration: 04/05/2001 03:41 PM
Book: RE 12091 Page: 847-850
Document No.: 2001051187
DEED 4 PGS $12.00
NC REAL ESTATE EXCISE TAX: $380.00
Recorder: MARILYN SMITH
i'***i.******************#**fe**********•*****h**x*x***M*x**:1kx*x*xAxxwx*xx*xxxxwx•AMAxM*xxxx M•xxxf.*xxx*A}r***xx*xxx#xxwx**w
State of North Carolina, County of Mecklenburg
The foregoing certificate of AGNES CHAPMAN Nptaty-i \ce ' e d to be correct. This 5-of April 201/
JUDITH A. GIBSON, REGISTER OF DEEDS By., /
Deputy/Assistant Register of Deeds U
I-iA -f D0C1: :E-\i-1 IS (7)F POOR
x:x,t*?hxxw xxr*xxx?xx:rrrf?xit*tf.x*x*x*t*f.x:t?x**x********x***x*x*xx?s.xxxxxxxxxxxxxxs.xxxx*x*xx*xxxxx,txxxxr*xxx xxx xxxxt.xx*xx*:t*
2001051187

BEGINNING at an axle iron on the u.outherly margin of Country Woo(Is
Drives (60 foot right of way), said iron marking the northwesterly
ccrrer of Lot 8 of Country Woodo, Phase 1, as shown on map recorded
in Ytap nook 20, 1:ag.= 5, meci:lanburg '-'runty ;cagistry and run with
the ,.esterly line of said Lot Ef South-21--15-00 East a distance of
303.47 feet to an iron pin set; run thence South 66-59-0:3 West irZ
a ._i • .. .rti.. --+-..+-•1 . r.- of /:nnrf,r
t1A 01.-3111:u Li Qt)O.LL 1Cl. 1. l.•J V !?'J1)).. i.l ...... ?. .?..... _. .. -. ..
Creek; run thence with the centa:.Iine .3f Goose Crer_k the following
aight (8) courses and distance:n: ;1) North 04-31-19 East 27.11
tact to a point; (2) -North 30-1.6-•41 bast 302.20 feet to a po..nt;
(? ? ??c. a ti nn_z?_n? ra_?t? na , sib 1',c,/?r to a noint; (4) North 80•-15-53
East 90.52 feet to a point; (5) North 29-16-21 Last 83.81 feet to
a point; (6) South 83-32-42 Enat: 69.72 feet to a point; (7) North
50-20-36 East 145.71 feet to a point; and (a) North G4-09-36 Wert
1 ,5.77 feet to a point on said 2':l.gbt: of way of Country Wooda Drive;
rL???tt?n r}iai.ro with gniri right {If wa of C'nl)!'ltry Noodn Lrix r9 with
the arc of a circular curve to the left having a radiues of 1,251.65
fact, said arc being subtended by a chorcl bearing North 74-10-65
MlSt, an arc distance of 236.75 feet to a point; run thence North
68-45-00 East a distance oL 120.41 feet to the Point and Place of
Beginning, containing 4.418 ucrou 8.s shown on curve imada. by ..redrew
G. 'loutewelle, NCRLS, dated Harch .::2, 1993
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Tax Lot No.
Verified by
by
County on the
MECKLENBURG COUNTY, NC
2002 MAY 31 03:10 PM
BOOK:13662 PAGE:191-193 FEE:$17.00
NC REAL ESTATE EXCISE TAX:$40.00
INSTRUMENT # 2002106279
Parcel Identifier No. (a portion of 195-141-30)
day of , 2002
Mail after recording to James E. Martin, Jr. P.O. Box 36331, Charlotte, NC 28236 - R/D #111
This instrument was prepared by James E. Martin, Jr., Attorney at Law,
Brief Description for the index 17 1
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED made this day of
GRANTOR
LISA C. GABBARD (a/k/a LISA GABBARD SIMMONS) and
husband, MONTE J. SIMMMONS [his marital interest]
DEA'Alt'11VIENT OB'1'ItANSPOltTATION
An Agency of the Slate of North Carolina
Address: t r
206 Garter Street 1
Albemarle, NC 28001

enter In appropriate block for each party: name, address, and, if appropriate, character of entity, e.g., corporation or partnership.
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall
include singular, plural, masculine, feminine or neuter as required by context.
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby
acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that
certain lot or parcel of land situated in Clear Creek Township, Mecklenburg County, North Carolina and more particularly
described as follows:
BEING all of Lot 10-A of Country Woods-Phase II as shown of a plat recorded in Map Book 36, Page 970 [a "minor
Subdivision of Lot 10 of Country Woods-Phase II as shown on a plat recorded in Map Book 20, Page 472"], and more
particularly described by metes and bounds as follows:
BEGINNING at the norlllcasterninwit. property corner of' the undersigned, a conuuon properly corner with the
North Carolina Department of Transportation, now or formerly, said point also being on the existing southern
right of way of Country Wood Drive; tllcncc S. 04-09-26 E. along the eastern property line of [lie undersigned
145.78 11. to a point; tllcncc S. 50-20-36 W. along lilt southeastern propcrly iitlc of tic undersigned, 145.71 fl. to
a paint; tllcncc N. 83-32-42 W. along the southern property line of the undersigned 69.72 11. to a point; thence S.
29-16-21 W. 34.76 ft. to a point; lhcnce N. 71-20-00 W. along the soulhwcstcrn property line of the
undersigned, conuiion with James 11. 'Tyndall, cl al, now or forincrly 30.39 ll. to an existing iron pin; thence N.
71-20-00 W. along the southwestern propcrly liuc of the undersigned 147.35 ft. to a point; thence N. 12-46-03
L. 174.23 ft. to a point; thence along an arc of a• segment or a cultic to the loll having a radius of 464.59 fl., a
chord distance of 87.44 11. on a chord bearing N. 88-08-59 EL to a point; thence N. 82-44-59 E. along the.
northern property line of the undersigned, also being the existing soulhcrrl right of way of Country Woods
Drive, 163.42 ft. to an existing iron pin; lhcnce along an arc ofa segment of a curve to the tell having a radius of
1251.65 ft., a chord distance of 69.08 ll., on a chord bearing N. 81-10-01 1'. to the point of I)1-,,GINNING, also
being the existing southern right of way of Country Woods 1)rive.
N.C. Bar Assoc. Form No. 7 m 1977
, 2002, by and between
GRANT EE,
? 40
Back Deed Reference: Book 09460, Page 0450.
The property hereinabove described was acquired by Grantor by instrument recorded in Book 36, Page 970.
TO HAVE AND TO HOLD the aforesaid lot of parcel of land and all privileges and appurtenances thereto belonging to the
Grantee in fee simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the prernises in fee simple, has the right to convey
the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and
defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to
the property hereinabove described is subject to the following exceptions:
1. Any unpaid ad valorem taxes;
2. Any enforceable covenants, conditions or easements of record.
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seat, or if corporate, has caused this instrument to
be signed in its corporate name by its duty authorized officers and its seal to be hereunto affixed by authority of its
Board of Directors, the day and year first above written.
(Corporate Name)
By:
USE
BLACk
INK
ONLY
(SEAL)
LISA C. GABBARD a/k/a
IASA'GABBAltl) S MMONS
(SEAL)
MON't'Is ,1. SIMMONS
President
ATTEST: (SEAL)
Secretary (Corporate Seal)
(SEAL)
oo$-,
a1s?A l?'rMl' U NORT11 CAROLINA, Mecklenburg Counly.
r • BUCK I, a Notary Public of the Counly and Statc aforesaid, certify that LISA C. GAIIARU a/k/a LISA GAIIIIARD SIMMONS and
\ J ? ICONLY husband MONTI,.'.l. SINIh10NS rcrsonall r oared beforc rile this day and , cknowlcdgcd the execution of the foregoing
t f.? .•. •' •`?.; . instrument. ?Viuress illy haunt and official slump or seal. lhi._lay of 20Q2.
^r?f ail ;,• r rely Commission expires:
M•'• M.4MM W .
((("/////.CAL/ C? Notary Public
USE NORTH CAROLINA, Mcckleuburg Comity.
SEAL-STAMP BLACK 1, a Nowry I'll blic of the Coll lily and Slade aforesaid, eel lify that
personally came beforc lire Ibis da uul acknuwled •ul that
INK ONLY
he/she is Secicl:uy of. a North Carolina corporation, and that by amhoiity duly given and as the act of Iho
corporation, the foregoing instrument was signed in its name by it
President, scaled Willi its corporate seal and allested by hint/hcr as its Secrclary. Witness lily hand and
Official stamp or seal, this _ day of . 2002.
My commission expires: _
Not:uy Public
The foregoing Certificate(s) of
is/are certified to be correct. This instrument and this certificate are duly registered at the date and in the Book and Page shown on the first page hereof.
REGISTER OF DEEDS FOR COUNTY
By Deputy/Assts tart-Register of Deeds.
60
N.C. Bar Assoc. Form No. 7 m 1977

l`
P
ter:
C
JUDITH A. GIBSON
REGISTER OF DEEDS, MECKLENBURG COUNTY
COUNTY & COURTS OFFICE BUILDING
720 EAST FOURTH STREET
CHARLOTTE NC 28202
Filed For Registration: 0513112002 03:10 PM
Book: RE 13652 Page: '191-193
Document No.: 2002106279
DEED 3 PGS $17.00
NC REAL ESTATE EXCISE TAX: $40.00
Recorder: EMEM DREHER
State of North Carolina, County of Mecklenburg
The foregoing certificate of AGNES CHAPMAN Notary is certified to be correct. This 31 ST of May 2002
JUDITH A. GIBSON, REGISTER OF DEEDS By:
Deputy/Assistant Register of Deeds

IIIIIIIII!IIIIIIIIIIIIIIIIIIIIIIII!IIIIIIIIIIIIIIIIIIIIIIII
2002106279

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NOfcrii CAROLINA. RFURN T0; DIVISION I?IGI 11 (W 14N(AGE111 (C(DFIY
BOX 94
MECI?;L:ENBURG COUNTY MECK. CO. REGISTER OF DEEDS
FOR REGISTRATION JUDITH A GIBSON
REGISTER OF DEEDS
CONSERVATION EASEMENT mECKLEh1ARR2e COUNTY.
2002 03 07 PM
and 13426 PAGE
E.STATE?EXCISEFTAX $ $15 00
EASEMENT OF INGRESS AND EGRESS I1dSTRU9ENT u 2002061942
THIS CONSERVATION EASEMENT and EASEMENT OF INGRESS AND EGRESS I made
this day of_ (?)arcl , 2002, by and between -Same.s ?• -fyn?lr:l.? anjA Ckr*%s}u _A . Tv,; u
hereinafter called the "Grantor(s)", and the North Carolina Department of Transportation, hereinafter
called. the "Grantee", provides the following:
WITNESSETH
WHEREAS, the Grantor owns in fee simple approximately 1.66 acres of land situated in Clear Creek
Township of Mecklenburg County as more particularly described -in Book 10421, page 031 of the
Mecklenburg County Registry, North Carolina, hereinafter this land is referred to as the "Property";
WHEREAS, the Grantee is an agency of the State of North Carolina whose purpose includes the
construction of transportation projects for public use and has the authority to acquire land for the purpose of
mitigating environmental impacts of these transportation projects; is authorized by the laws of the State of
North Carolina to accept, hold and administer conservation casements; possesses the authority to accept and
is willing to accept this Conservation Easement from the Grantor under the terms and conditions hereinafter
d escrib ed;
WHEREAS, the Grantee proposes to restore approximately .467 acres of wetlands in Mecklenburg
County on the said Property;
WHEREAS, the Grantor is willing to grant a perpetual Conservation Easement over approximately
.467 acres of the Property, thereby restricting and limiting the use of land within the Conservation Easement
area to the terms and conditions and for the purposes hereinafter set forth, and to further grant the right of
ingress and egress to the Conservation Easement area over, upon and along the Property as more particularly
set forth hereinafter;
WHEREAS, the Grantor consents to the Grantee assigning this Conservation Easement over the
designated portion of the Property to another state agency whose purpose is consistent with this Conservation
Easement or to a non-profit corporation whose purposes are consistent with this Conservation Easement.
WHEREAS, the Grantee, under Section 404 permits granted by the U.S. Army Corps of Engineers
(USACE), must conduct certain off-site wetland mitigation for impacts to wetlands resulting from the
construction of transportation projects;
NOW THEREFORE, in consideration of the sum of $7,500.00 and other valuable considerations to
the Grantor in hand paid, the receipt of which is hereby acknowledged, and in further consideration of the
mutual covenants, terms, conditions, and restrictions hereinafter set forth, the Grantor hereby grants and
conveys unto the Grantee and its successors or assigns forever and in perpetuity a Conservation Easement,
pursuant to the USACE Section 404 permit requirements, of the nature and character and to the extent
hereinafter set forth, in respect to the land of the grantor situated in Mecklenburg County, North Carolina, as
described in Exhibit A (map) and Exhibit B (metes and bounds description). Together with a perpetual right
of ingress and egress over and upon the Grantors roads and paths, or other access ways acceptable to the
Grantors, on the Property having been described above in the Mccklenbr rg County Registry as an Easement
of Ingress and Egress to and from the Conservation Easement hereinabove described.
The purposes of this Conservation Easement are to provide environmental protection for surface
waters, to provide restoration and enhancement of wetland, stream, and riparian habitat for the benefit of fish
and wildlife, to protect the conservation values of the casement area designated on the Property and to
maintain permanently the dominant woodland, scenic and natural character of the easement area. To achieve
these purposes, the parties hereto agree to the conditions and restrictions set forth herein and it shall be so
held, maintained, and used therefore.
Page 1 of 6
i
ARTICLE 1. DURA'T'ION OF EASEMENT
This Conservation Easement shall be perpetual. It is an easement in gross, runs with the land and is
enforceable by the Grantee or its successors and/or assigns against Grantor(s), Grantor's personal
representatives, heirs, devisees, successors and assigns, lessees, agents and licensees.
ARTICLE II. PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the designated easement*area inconsistent with the purposes of this Conservation
Easement is prohibited. The Easement Area shall be maintained in its natural, scenic and open condition and
restricted from any development that would significantly impair or interfere with the conservation values of
this easement area.
Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited,
restricted or reserved as indicated hereunder.
A. Disturbance of Natural Features. Any change, disturbance, alteration or impainnent of the natural, scenic
and aesthetic features of the easement area or any introduction of non-native plants and/or animal species
is prohibited unless the Grantee shall give its prior written consent or unless otherwise expressly
permitted herein.
B. Agricultural, Grazin and Horticultural Use. Agricultural, grazing and horticultural use (landscaping) of
the easement area is prohibited.
C. Silvicultural Use and Land Clearing. There may be no destruction or cutting of trees or plants on the
Easement Area, except upon approval of the Grantee. The gathering of firewood in the Easement Area
shall be limited to dead trees, such that the gathering is consistent with purposes of this Conservation
Easement.
D. Hunting and Fishing. Grantor expressly reserves the right to hunt and fish on the Easement Area and to
control access of all persons for the purpose of hunting and fishing; provided that these activities do not
impact the protection and conservation of any animal/trout habitat or other conservation values of the
Easement Area.
E. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned vehicles,
appliances, machinery, or hazardous substances, or toxic or hazardous waste, or any placement of
underground or aboveground storage tanks or other materials on the Easement Area is prohibited.
F. Mineral Use, Excavation. Dredging. There shall be no filling, excavation, dredging, mining or drilling;
no removal of topsoil, sand, gravel, rock, peat, minerals or other materials, and no change in the
topography of the land in any manner on the Easement Area nor shall there be any activities conducted
on the Easement Area or on adjacent property if owned by the Grantor and his successors which would
cause erosion or siltation on the Easement Area.
G. Water ualit and Drainage Pattern. There shall be no activities conducted in the Easement Area that
would be detrimental to water purity or to any of the plants or habitats within the Easement Area. There
shall be no activities that would alter natural water levels, drainage, sedimentation and/or flow in or over
the Easement Area, or cause soil degradation or erosion. Diking, dredging, alteration, draining, filling or
removal of wetland or stream is prohibited. The Grantee maintains the right to install, operate and
maintain structures Tor the purpose of reestablishing, protecting, and enhancing wetland and stream
functional values for the Easement Area.
H. uiet Enjo ment. The Grantor, for himself, his successors, assigns, invitees and licensees, hereby
reserves the right to quiet enjoyment of the Easement Area, the right to ingress and" egress :to the .
Easement Area and all adjacent property of the Grantor, the right to continue such uses'as exisf as -of the
date of this grant not inconsistent with this Conservation Easement and:the';right.to,sell aransfer`;:gift:or
+.:?.. otherwise convey the,Easement Area in:whole `?``"'`? rt•'- t onv
or in part:providedsuch"sale;ytrarisferror-giftAconveyancece;, ?. x
is spbject to' the terms of this'' Conservation-Easement`and wntteri'rioticels'provided,t6,theGrantee';mi;?
accordance with the provisions herein below.
Page 2 of 6

ARTICLE III. ENFORCEMENT & REMEDIES
• A. The Grantee has the right to prevent any action or use of the Easement Area that is inconsistent with the
purpose of this Conservation Easement. Upon any breach of the terms of this Conservation Easement by
Grantor or by a third party, which comes to the attention of the Grantee, the Grantee shall notify the
Grantor in writing of such breach. The Grantor shall have thirty (30) days after receipt of such notice to
begin undertaking actions that are reasonably calculated to correct promptly the conditions constituting
such breach. If the breach remains uncured after ninety (9Q) days, the Grantee may enforce this
Conservation Easement by appropriate legal proceedings including damages, injunctive' and other relief
including the right to require that the land be restored promptly to the condition required by this
Conservation Easement. The Grantee shall have the power and authority, consistent with its statutory
authority, to institute and maintain any suits and proceedings as the Grantee may deem advisable in 'its
judgement; (a) to prevent any impairment of the Property by any 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. If. the Grantee, in its sole discretion,
determines that circumstances require immediate action to prevent or mitigate significant damage to the
conservation values of the Property, the Grantee may pursue its remedies without prior notice to Grantor,
but shall call the Grantor to leave a voice message and shall exercise within two business days an effort
to notify the Grantor and explain the action undertaken.
B. The Grantor reserves the right to take action against the Grantee for use of the Easement Area in a way
that is inconsistent with the purpose of this Conservation Easement.
C. Nothing contained herein shall be construed to entitle the Grantor to bring any action against Grantee for
any injury or change in the Property resulting from causes beyond. the Grantee's control, including fire,
flood, storm, war, acts of God or third parties, or from any prudent action taken in good faith by Grantee
under emergency conditions to prevent, abate, or mitigate significant injury to life, damage to property or
harm to the Property resulting from such causes, in accordance hereunder.
D. The Grantee may enter the Grantor's adjoining property only for the purposes set forth in this agreement
and only in accordance with the Easement for Ingress and Egress described hereinabove. The Grantee
will attempt to notify the Grantor before entering the Property.
E. No failure on the part of the Grantee to enforce any covenant or provision hereof shall be a waiver to
discharge or invalidate such covenant or any other covenant, condition, provision hereof or affect the
right of Grantee to enforce in the same in the event of a subsequent breach or default.
ARTICLE IV. PUBLIC ACCESS
The granting of this Conservation Easement does not convey to the public the right to enter the
Property for any purpose whatsoever. However, the public has the right to view the Property from adjacent
publicly accessible areas.
ARTICLE V. EXHIBIT, DOCUMENTATION AND TITLE
A. Legal Description and Exhibits. The attached Exhibit A (map) and Exhibit B (metes and bounds
description) are incorporated in and made a part of this instrument by reference.
B. Title. The Grantor covenants and represents that the Grantor is the sole owner and is seized of the
Property in fee simple and has good right to grant and convey the aforesaid Conservation Easement; that
the Property is free and clear of any and all encumbrances, except casements of record and Grantor
covenants that the. Grantee shall have the use of and enjoy all of the benefits derived from and arising out
of the aforesaid Conservation Easement. }
Page 3 of 6
ARTICLE V1. MISCELLANEOUS
V
A. Subsequent Transfers. Grantor agrees for himself, his heirs, successors and assigns, to notify the Grantee
in writing of the names and addresses of any party to whom the Property, or any part thereof, is to be
transferred at or prior to the time said transfer is consummated. Grantor, for himself, his heirs,
successors and assigns, further agrees to make specific reference to this Conservation Easement in a
separate paragraph of any subsequent lease, deed or other legal instrument by which any interest in the
Property is conveyed.
B. Conservation Purpose.

(1) The Grantee, for themselves, and their successors and assigns agree that this Conservation Easement
shall be held exclusively for conservation purposes.
(2) The parties hereto recognize and agree that the benefits of this Conservation Easement are in gross
and assignable, provided, however that the Grantee hereby covenant and agree, that in the event they
transfer or assign this Conservation Easement they hold under the organization receiving the interest will
be a qualified organization as that term is defined in Section 170(h)(3) of the Internal Revenue Code of
1986 (or any successor section) and the regulations promulgated thereunder, which is organized or
operated primarily for one of the conservation purposes specified in Section 170 (h)(4)(A) and Section
2031 of the Internal Revenue Code, and the Trust and the State further covenants and agrees that the
terms of the transfer or assigninent will be such that the transferee or assignee will be required to
continue to carry out in perpetuity the conservation purposes that the contribution was originally intended
to advance, set forth in [lie 1Zecitals herein.
(3) The Grantor agrees to pay any real estate taxes or other assessments levied on the Property.
C. Construction of Terms. This Conservation Easement shall be construed to promote the purposes of the
North Carolina enabling statute set forth in N.C.G.S. 121-34, which authorizes the creation of
Conservation Easements for purposes including those set forth in the recitals herein, and the conservation
purposes of this Conservation Easement, including such purposes as are defined in Section 170(h)(4)(A)
of the Internal Revenue Code.
D. Entire Agreement. This instrument sets forth the entire agreenicnl 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 this Conservation Casement, 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.
E. Notices. Any notices shall be sent by registered or certified mail, return receipt requested, addressed to
the parties as set forth above, or to such other addresses such party may establish in writing to the other.
In any case where the terms of this Conservation Easement require the consent of any party, such consent
shall be requested by written notice. Such consent shall be deemed to have been denied unless, within
ninety (90) days alter receipt of notice, a written notice of approval has been mailed to the party
requesting consent.
P. Amendments. Grantor and Grantee arc free to jointly amend this Conservation Easement to meet
changing conditions, provided that no amendment will be allowed that is inconsistent with the purposes
of this Conservation Easement or affects the perpetual duration of this Conservation Easement. Such
amendment(s) shall be effective upon recording in the public records of Mecklenburg County North
Carolina.
G. Recording. The Grantee shall record this instrument and any amendment hereto in timely fashion in the
official records of Mecklenburg County, North Carolina, and may re-record it at any time as may be
required to preserve the rights under this Conservation Easement.
Page 4 of 6
r l
TO HAVE AND TO HOLD the aforesaid easements unto the NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION, its successors and assigns, forever. The covenants agreed to
and the terms, conditions, restrictions and purposes imposed as aforesaid shall be binding upon Grantor,
Grantor's personal representatives, heirs, successor and assigns, and shall continue as a servitude running in
perpetuity with the Property.
IN WITNESS WHEREOF, Grantor hereto has set Grantor's .hand and seal and the Grantee by
authority duly given, has hereunto caused these. presents to be executed by its representatives and their seals
affixed, affixed, as of the dates shown below, to be effective upon the date of recordation in the public
records of Mecklenburg County, North Carolina.
SEAL
( ) (SEAL)
7:Ea?„ le s 1. 1 y nc?n I C In s} y A. Ti y v?o?o
CAL)
GRANTEE:
1 AROLINA DEP TMEN -RANSPORTATION
.:R,,N1?1H/1111//lyt r
L w? ?MAR 2 2 2002
O••......•, l (Seal)
•''.` = E'?
•M OF RIGHT OF WAY
',,'?c? NTH CAROLINA,
COUNT Y
EAL)
h a Notary Public of 'mot (UUljd County do hereby
certify at n SQN.es 1 . 1 1, ' A . Grantor(s),
personally appeared before me this day and acknowledged the execution of the foregoing instrument.
Witness my hand and official stamp or seal, this day Aalc,?A 2002.
My commission expires .? ZL[-2W? A L&
otary Public
The foregoing Certificate(s) of
Is/ are certified to be correct. This instrument and this certificate are duly registered at the date and time and .
in the Book and Page shown on the first page hereof.
REGISTER OF DEEDS FOR
COUNTY
By Deputy/Assistant-Register of Deeds
Page 5 of 6
A
1
EXHIBIT A
BEGINNING at a point lying S. 55-28-10 E. 315.82 ft. from the westernmost property corner of the
undersigned, a common property corner with Craig L. Souder, et al, now or formerly; thence N. 17-32-55 E.
164.21 ft. to a point; thence N. 71-17-13 E. 91.32 ft. to a point, said point also being on the existing northern
property line of the undersigned, a conunon property line with Lisa C. Gabbard, et al, now or formerly;
thence S. 73-20-50 E. 49.90 ft. to an existing pin; thence S. 73-20-50 E. 30.18 ft. to a point; thence S. 27-16-
53 W. 49.05 ft. to a point; thence S. 78-05-11 W. 90.52 ft. to a point; thence S. 06-37-37 W. 88.89 ft. to a
point; thence S. 28-17-10 W. 62.35 ft. to a point; thence N. 55-28-10 W. 29.86 ft. to 1ui existing iron pin, said
pin lying on the existing southern property line of the undersigned, a common property line with Craig L.
Souder, et al, now or formerly; thence N. 55-28-10 W. 45.24 ft. to the point of BEGINNING, said easement
area' containing 20,334 sq. fl. (.467 acres) and being a portion of Lot 11 as shown on a Map of Country
Woods Phase 11, in Map 20, Page 472, Mecklenburg County Registry.
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AND HAS NOT BEEN REVIEWED BY A
l LOCAL GOVERNMENT AGENCY FOR
COMPLIANCE WITH ANY APPLICABLE
LAND DEVELOPMENT REGULATIONS.
•
Appendix 4. Continued.
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