20070684 Ver 1_Application_20070420

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DEPARTIV~NT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
April 18, 2007
U. S. Army Corps of Engineers
Regulatory Field Office
Post Office Box 1890
Wilmington, NC 28402-1890
ATTN: Mr. Richard Spencer
NCDOT Coordinator
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LYNDO TIPPETT
SECRETARY
SUBJECT: Nationwide 23 and 33 Permit Application for the proposed
Culvert Replacement on the American Tobacco Trail over Indian
Creek in Chatham County. Federal Project No. SIP-0505(7), State
Project No 8.2352401, WBS Element 33896.1.1,
T.I.P. No. E-2921 F.
Dear Mr. Spencer:
Please find enclosed the Categorical Exclusion (CE) for the above referenced project,
along with half-size design plans, permit drawings, and aPre-construction notification
(PCN). The North Carolina Department of Transportation (NCDOT) plans to pave the
existing railroad bed and convert it to a bicycle and pedestrian facility. The project will
include adding new decking to the existing structures that cross Panther Creek and
Northeast Creek. During construction, the contractor will replace two 54-inch corrugated
metal pipes (CMP) in the headwaters of Indian Creek with one 96-inch CMP with
headwall or two 72-inch CMP with headwall and trenchless installation.
IMPACTS TO WATERS OF THE UNITED STATES
General Description: The project is located in the Cape Fear River basin (HUC
03030002) and will impact the headwaters of Indian Creek, a perennial stream, at Station
43+00. Indian Creek is assigned a best usage classification of WS-IV-NSW, by the N.C.
Division of Water Quality. Indian Creek is not designated as a North Carolina Natural or
Scenic River, or as a National Wild and Scenic River, nor is it listed on the 2004 Final
303(d) list. No designated Outstanding Resource Waters (ORW), High Quality Water
(HQW), Water Supply I (WS-I), or Water Supply II (WS-II) waters occur within 1.0 mile
of the project study area. The project does not drain to a 303(d) stream within one mile of
the project limits.
No wetlands occur on the project.
MAILING ADDRESS: TELEPHONE: [phone] LOCATION:
NC DEPARTMENT OP TRANSPORTATION FAX: 919-7I5-5501 272H CAPITAL BLVD
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS SUITE 240
159$ MAIL SERVICE CENTER RALEIGH, NC 27604
RALEIGH NC 27699-154$ WEB$ITE: WWW.NCDOT.ORG

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Temporary Impacts: This project will result in 30 feet of temporary impacts to the
headwaters of Indian Creek at Site 1. Impacts are composed of de-watering the stream
for the installation of the new pipes. The contractor will use cofferdams or another
impervious structure on both sides of the pipe so that the placement of the pipe can occur
in the dry. The water will be diverted in either a diversion channel or a pipe located
adjacent to the existing pipe. No temporary wetland impacts will occur.
Permanent Impacts: Permanent stream impacts of 20 feet will occur from the placement
of riprap at the existing scour hole at the pipe outlet at Site 1. The permanent stream
impacts occur within the area of temporary impacts. No permanent wetland impacts will
occur.
Utility Impacts: No impacts will occur due to utility relocations.
RESTORATION PLAN: All materials used as temporary fill in the construction of the
diversion structure will be removed and restored to the original contours.
PROJECT SCHEDULE
Project construction will commence shortly after permits are received.
FEDERALLY-PROTECTED SPECIES
Plants and animals with federal classifications of Endangered, Threatened, Proposed
Endangered, and Proposed Threatened are protected under provisions of Section 7 and
Section 9 of the Endangered Species Act of 1973, as amended. As of April 27, 2007 the
Fish and Wildlife Service (FWS) lists four federally protected species for Chatham
County (Table 1). A Biological Conclusion of "No Effect" was reached for all applicable
species in the CE document.
Table 1. Federally Protected Species for Chatham County
Scientific Name Common Name Status Biological
Conclusion Habitat
present
Haliaeetus leucoce halus Bald Ea le T No Effect No
Notro is mekistocholas Ca e Fear Shiner E No Effect No
Picoides borealis Red-cockaded wood ecker E No Effect No
Ptilimnium nodosum Ha erella E No Effect No
AVOIDANCE AND MINIMIZATION:
The NCDOT is committed to incorporating all reasonable and practicable design features
to avoid and minimize jurisdictional impacts, and to provide full compensatory mitigation
of all remaining, unavoidable jurisdictional impacts. Avoidance measures were taken
during the planning and NEPA compliance stages; minimization measures were
incorporated as part of the project design and include:
• The culvert will be replaced in the existing location.
• All other culverts on the project will not be disturbed.
• New decking will be added to the existing sub-structures in Panther Creek and
Northeast Creek for the reconstruction of these bridge crossings.
Page 2

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• No new fill will occur in the adjacent floodplains.
• The new pipe will be buried a minimum of 12 inches to avoid impacts to aquatic life
movement.
MITIGATION
Mitigation is not proposed due to the minimal amount of the proposed impacts.
REGULATORY APPROVALS
Section 404 Permit: This project has been processed by the Federal Highway
Administration as a "Categorical Exclusion." NCDOT is hereby applying for a Clean
Water Act Section 404 Nationwide Permit. The NCDOT requests that these activities be
authorized by Nationwide Permit 23 and 33.
Section 401 Permit: NCDOT is hereby applying fora 401 Water Quality Certification
from DWQ. We anticipate 401 General Certification number 3403 and 3366 will apply to
this project. All general conditions of the Water Quality Certifications will be met.
Therefore, in accordance with 15A NCAC 2H, Section .0500(a), we are providing two
copies of this application to the NCDWQ for their notification.
Thank you for your assistance with this project. If you have any questions or need
additional information, please contact Brett Feulner at [e-mail] or
[phone].
A copy of this permit application will be posted on the DOT website at:
http://www.ncdot.or /g_doh/preconstruct/pe/neu/permit.html.
Sincerely,
~.
Gregory J. Thorpe, Ph.D. Environmental Management Director,
Project Development and Environmental Analysis Branch
cc: w/attachment
Mr. John Hennessy, NCDWQ (2 Copies) Dr. David Chang, P.E., Hydraulics
Mr. Travis Wilson, NCWRC Mr. Mark Staley, Roadside Environmental
Mr. Gary Jordan, USFWS Mr. Greg Perfetti, P.E., Structure Design
Mr. Art King, Div 8 DEO Mr. Tim Johnson, P.E. Division 8 Engineer
w/o attachment
Mr. Art McMillan, P.E., Highway Design Mr. Kumar Trivedi, P.E., Bicycle and Pedestrian
Mr. Majed Alghandour, P. E., Prog. and TIP Mr. Scott McLendon, USACE, Wilmington
Page 3

a
Office Use Only: Form Version March o5
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
^ 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NW 23 and 33
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here:
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ^
5. If your project is located in.any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ^
II. Applicant Information
Owner/Applicant Information
Name: Gregory J. Thorpe, Ph.D., Environmental Management Director
Mailing Address: 1598 Mail Service Center
Raleigh, NC 27699
Telephone Number: (919 73) 3-3141 Fax Number:~919) 733-9794
E-mail Address: tg horp~a,dot.state.nc.us
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
Page 1 of 8

III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: American Tobacco Trail from Durham County Line to the Wake County
Line
2. T.I.P. Project Number or State Project Number (NCDOT Only): E-2921F
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Chatham Nearest Town: Care/ Durham
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.): The project is located on
an old railroad bed in Chatham County
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.8662°N 78.9318°W
6. Property size (acres): N/A
7. Name of nearest receiving body of water: Northeast Creek, Panther Creek, and Indian Creek
8. River Basin: Cape Fear
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: forestland
Page 2 of 8

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10. Describe the overall project in detail, including the type of equipment to be used:
Standard DOT construction equipment.
11. Explain the purpose of the proposed work: The purpose is to pave an old railroad bed and
convert it to a bicycle and pedistrian facility. During the construction the contractor will
replace 2-54" CMPs with 1-96" CMP with headwall or 2-72" CMP with headwall and
trenchless installation
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. N/A
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
Page 3 of 8

1. Provide a written description of the proposed impacts: Proiect impacts to Indian Creek
consist of 30 feet of temporary impacts and 20 feet of permanent fill from the placement of
riprap at the pipe outlet.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact Type of Wetland
Located within
Distance to
Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact
(indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres)
es/no) (linear feet)

Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property: 0
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Number
indicate on ma)
Stream Name
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Im act Impact
Length
(linear feet) Area of
Impact
acres
Site 1 Indian Creek Temporary Perennial 5-6' 30
Site 1 Indian Creek Permanent Perennial 5-6' 20

Total Stream Impact (by length and acreage) 30*
*Permanent impacts located within the area of temporary impact
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact

Site Number
indicate on ma)
Name of Waterbody
(if applicable)

Type of Impact Type of Waterbody

(lake, pond, estuary, sound, bay,
ocean, etc.) Area of

Impact
(acres)

Total Open Water Impact (acres)
Page 4 of 8

6. List the cumulative impact to all Waters of the U.S. resulting from the nroiect:
Stream Irri act (acres): NA y
Wetland Im act (acres): 0
en Water Im act (acres): 0
Total Impact to Waters of the U.S. (acres) NA
Total Stream Impact (linear feet): 30*
*Includes 20 feet of permanent impacts within 30 feet of temporary impacts
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ®No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It maybe useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. The culvert will be replaced in
place. All other stream crossings will use existing structures.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Page 5 of 8

USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o. enr.state.nc.us/ncwetlands/strm ~ide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
No mitigation is proposed due to the minimal amount proposed impacts
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount ofNon-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Page 6 of 8

IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ® No ^
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ® No ^
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ® No ^
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ^ No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
* Impact Required
Zone ~c,,,,,,~o r o.~ Multiplier ,,,~,~,__~,__
1 3 (2 for Catawba)
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additiona120 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260.
Page 7 of 8

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XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please. provide calculations
demonstrating total proposed impervious level.Approximatelythe same as current conditions
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
N/A
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this anafter-the-fact permit application? Yes ^ No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
Replace an existing structure
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Appli~ant/A~ent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
< <~'d
Page 8 of 8

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N. C. -DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
CHATHAM COUNTY
Project 8.2352401 (E-2921F)
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AMERICAN TOBACCO TRAIL, PHASE J, ,,,,,Hy~AYS
CHATHAM COUNTY ~~~~ -~~ rr4,"
TIP PROJECT NO. E-2921F PG~A~C~~+.~ .' , ~~~i,LENVIRONN~NT
CATEGORICAL EXCLUSION
UNITED STATES DEPARTMENT OF TRANSPORTATION
FEDERAL HIGHWAY ADMINISTRATION
AND
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
DIVISION OF BICYCLE AND PEDESTRIAN TRANSPORTATION
FOR FURTHER INFORMATION CONTACT:
THOMAS P. NORMAN, DIRECTOR
DIVISION OF BICYCLE AND PEDESTRIAN TRANSPORTATION
NC DEPARTMENT OF TRANSPORTATIION
1552 MAIL SERVICE CENTER
RALEIGH, NC 27699-1552
APPROVED:
ATE DIRECTOR

T ~

TABLE OF CONTENTS
Summary ..............................................................................Page 2
Description of Proposed Project ....................................................Page 2
Purpose and Need for Proposed Project ...........................................Page 3
Alternatives Considered ..............................................................Page 3
Discussion of Recommended Alternative ...........................................Page 3
Exhibit No. 1 Estimate of Costs ...................................................Page 5
Exhibit No. 2 Map of Project Location ...........................................Page 7
Exhibit No. 3 Typical Section ......................................................Page 8
Appendix A Categorical Exclusion Form Check List
Appendix B Jurisdictional Resources Review Report
Appendix C Concurrence Letter From Army Corps of Engineers
1

SUMMARY
The proposed project, American Tobacco Trail, Phase F, is to be constructed with two
separate typical sections. The first portion of the proposed multi-use trail from Wake-
Chatham County line to SR 1733 (New Hope Church Road) is proposed to be a 12-foot wide
crushed stone trail (see Typical Section 1) for an approximate distance of 1.1 Miles. The
second portion of the proposed multi-use trail will be adual-surface trail consisting of a 10-
foot wide asphalt path and a 6-foot wide crushed stone surface (see Typical Section 2) from
SR 1733 (New Hope Church Road) to Chatham-Durham County line for a distance of 3.58
miles.
The proposed project will be constructed on a discontinued railway corridor that was
constructed several decades ago. At present, this discontinued railway corridor is being used
as an unpaved trail and maintained by volunteers from Triangle Rails~to Trails organization.
The proposed project will be built on existing cut and fill sections originally constructed for
the railway. All trail construction will be contained inside the existing 100-ft wide railroad
right of way.
The American Tobacco Trail, Phase F, will provide approximately 4.68 miles of off-road
transportation opportunities for bicyclists and pedestrians from Wake/Chatham County line to
Chatham-Durham County line. The Division of Bicycle and Pedestrian Transportation will
participate in the cost of construction through a municipal reimbursement agreement for an
amount not to exceed $2,400,000. The Chatham County Parks & Recreation Department will
be responsible for trail maintenance once construction is completed. Long term use as an
active railway corridor and subsequently maintained as an unpaved trail has already disturbed
the site of the proposed project. There will be no new significant additional environmental
impacts involved with the construction of the trail. In addition, the project will be designed to
have minimum impacts to the natural environment surrounding the existing railway bed.
Vegetation has grown on the slopes of the rail bed since the railway corridor was
discontinued. Some of small trees will need to be cleared in order to construct the proposed
trail. In some locations minor grading will be needed to alter existing narrow cut and fill
slopes to accommodate trail sections of 12-feet and 16-feet. Since no new right of way will be
acquired, this trail project qualifies as a Type One Categorical Exclusion.
DESCRIPTION OF PROJECT
The proposed project will be constructed along an abandoned railroad right of way from
Wake-Chatham County line to Chatham-Durham County line (see Vicinity Map of Project
Location). The typical section for the proposed multi-use trail will be a 12-foot wide unpaved
crushed stone surface (see Typical Section No. 1) and a dual surface trail of 10-foot wide
asphalt pavement and 6-foot wide crushed stone surface (see Typical Section No. 2). Trail
construction will be contained within the existing railroad right of way. The proposed trail
will cross New Hope Church Road (SR 1733) at approximate Station 68+00, Panther Creek at
approximate Station 112+00, Pittard Sears Road (SR 1732) at approximate Station 136+50,
Okelly Chapel Road (SR 1731) at approximate Station 179+60 and Kitt Creek at approximate
Station 234+00.
2

A well maintained trail would improve pedestrian and bicycle transportation as well as
equestrian use in this area. The estimated cost of the proposed project is $2,400,000. The
Division of Bicycle and Pedestrian Transportation will participate in the cost of construction
up to an amount that is not to exceed $2,400,000. The Town of Cary will participate in the
construction of the project and Chatham County Parks and Recreation Department will
participate in the maintenance of the trail after the trail is completed.
PURPOSE AND NEED FOR THE PROJECT
The proposed trail project was requested as a prioritized bicycle/pedestrian transportation
improvement by Chatham County and regional MPO and was adopted in the 2006-12
Transportation Improvement Program. This portion of the American Tobacco Trail is a vital.
link between the existing sections of Wake County and Durham County American Tobacco
Trails. It will complete the missing link of the trail that will provide approximately 22 miles
of multi purpose trail in Wake, Chatham and Durham Counties. The construction of Phase F
of the American Tobacco Trail will create a safer south-to-north non-motorized transportation
corridor for bicyclists and pedestrians and will link residential and commercial areas of this
fast growing region.
ALTERNATIVES CONSIDERED
In evaluating the need for the proposed multi-use trail project, the following alternatives were
considered:
1) Construct an approximately 4.68 mile long, 12-foot wide unpaved crushed stone trail
and 10-foot wide asphalt trail with 6-foot wide unpaved crushed stone dual surface
trail along a an existing railroad corridor from Wake-Chatham County line to
Chatham-Durham County line.
2) Do nothing.
DISCUSSION OF RECOMMENDED ALTERNATIVE
The recommended alternative is to construct the proposed 4.68-mile section of unpaved and
paved trail within the existing 100-ft wide railway right of way in Chatham County. This
section of trail is a vital link between Wake County and Durham County sections of American
Tobacco trail. When completed, there will be an approximate 22 mile long off-road regional
bicycle and pedestrian facility spanning three counties. The rapidly growing Triangle area
population living or working in the vicinity of the ATT will have access to a high quality
alternative transportation and recreational facility.
The Chatham County Commission unanimously approved a dual surface trail for the Chatham
County portion of ATT. The Town of Cary has shown interest in the construction of the trail
in Chatham County and may participate in the construction of the project. The Town of Cary
will connect its greenway system to ATT and has plans to provide a trailhead at New Hope
Church Road with vehicle and equestrian trailer parking facilities. The "Do Nothing"
alternative was not chosen because it would not fulfill the need for creating a safer off-road
transportation network for bicyclists and pedestrians.
3

The project site was used as a railroad corridor for decades and has been used as an unpaved
trail for many years. Therefore, the proposed construction of Phase F of American Tobacco
Trail will impose no new significant impacts on the biological environment (see attached
Jurisdictional Resources Review Report). For this reason the proposed project qualifies as a
Type One Categorical Exclusion.
4

North Carolina Department of Transportation
Division of Bicycle and Pedestrian Transportation
TIP No. E-2921 F Final Estimate
Route American Tobacco Trail Phase F
From Wake-Chatham County line to Chatham-Durham County line
Typical Section 12-foot Crushed Stone and 10-foot paved and 6-foot unpaved dual surface trail
Prepared By: Kumar Trivedi (71~-2345)
County: Chatham
Division: 8

Item Number Sec
No.
Descri lion
Quanti
Unit
Price
Amount
0000100000-N 800 Mobilization 1 LS $ 100,000.00 $ 100,000
0000400000-N 801 Construction Surve in 1 LS $ 50,000.00 $ 50,000
0063000000-E 200 Gradin 1 LS $ 350,000.00 $ 350,000
0008000000-E 200 Su .Clearin & Grubbin 1 ACR $ 10,000.00 $ 10,000
0192000000-E 260 Proof Rollin 7.5 HR $ 200.00 $ 1,00
0318000000-E 300 Foundation Conditionin Material 80 TN $ 40.00 $ 3,200

0344000000-E 310 18" Side Drain Pie 332 LF $ 42.00 $ 13,944
0366000000-E 310 Pi e Cleanout 3 EA $ 500.00 $ 1,500
0378000000-E 310 24"RCP 52 LF $ 66.00 $ 3,432

ALTERNATE #1
0576000000-E 310 72"CMP 320 LF $ 250.00 $ 80,000
ALTERNATE #1
0576000000-E 310 96" CMP 160 LF $ 220.00

0995000000-E 310 Pipe Removal 540 LF $ 17.00 $ 9,180
1121000000-E 520 ABC 12,000 TN $ 30.00 $ 360,000
1275000000-E 600 Prime Coat 7,450 GAL $ 6.00 $ 44,700
Granite Screenin 1,900 SY $ 25.00 $ 47,500

1525100000-E SP As h. Conc. Surface Course, T e SF 9.SA 2,300 TN $ 40.00 $ 92,000
1560000000-E 620 As halt Binder for Plant Mix, Grade PG 64-22 170 TN $ 330.00 $ 56,100

ALTERNATE #1
2209000000-E 838 Endwalls with 72" CMP Usin Concrete 11.9 CY $ 2,000.00 $ 23,800
ALTERNATE #1
2209000000-E 838 Endwalls with 96" CMP Usin Concrete 10.1 CY $ 1,500.00

3536000000-E 866 Chainlink Fence, 48" Fabric 15,200 LF $ 5.00 $ 76,000
3542000000-E 866 Metal Line Posts for 48" Chainlink Fence 1,264 EA $ 32.00 $ 40,448
3548000000-E 866 Metal Terminal Posts for 48" Chainlink Fence 55 EA $ 102.00 $ 5,610
SP 6"X6" Wood Bollards 12 EA $ 500.00 $ 6,000
3420000000-E SP Wood Safe Rail 500 LF $ 15.00 $ 7,500

3649000000-E 876 Plain Ri Ra ,Class B 35 TN $ 45.00 $ 1,575
366000000-E 876 Filter Fabric for Drainage 315 SY $ 3.00 $ 945
3628000000-E 876 Plain Ri Ra ,Class I 115 TN $ 45.00 $ 5,175

402000000-E 901 Contractor Furnished, T e E si s 130 SF $ 15.00 $ 1,950
4072000000-E 903 Su orts, 3 LB, Steel U-Channel Posts 380 LF $ 5.00 $ 1,900
4102000000-N 904 T e E Si ns, Erection 36 EA $ 148.00 $ 5,328
4412000000-E SP Stationa Work Zone Sin 144 SF $ 10.00 $ 1,440
4412100000-E 1110 Work Zone Si ns (Portable) 96 SF $ 10.00 $ 960
443000000-N 1135 Cones 20 EA $ 10.00 $ 200
4450000000-N 1150 Flagger (By Hour) 480 HR $ 40.00 $ 19,200
cJ

North Carolina Department of Transportation
•
Division of Bicycle and Pedestrian Transportation
Final Estimate
Prepared By: Kumar Trivedi (715-2345)

Item NumUer Sec
No.
Descri lion
Quanti
Unit
Price
Amount
4446100000-E 1145 Bamcades (Ty e III) 48 LF $ 33.00 $ 1,584
4686000000-E 1205 Thermo lastic (4", 120 Mills) 85 LF $ 0.40 $ 34
4710000000-E 1205 Thermo lastic (24", 120 Mills) 121 LF $ 1.15 $ 139
4810000000-E 1205 Paint (4") 2,000 LF $ 0.15 $ 300
4595000000-N SP Generic Traffic Control Item 8 SF $ 81.00 $ 648
4721000000-E 1205 Thermo lastic Pvmt. Markin Charac. (120 Mills) 51 EA $ 80.00 $ 4,080
4725000000-E 1205 Thermo lastic Pvmt. Markin S mbols (90 Mills) 4 EA $ 81.00 $ 324

LUMP SUM EROSION CONTROL $ 250,000

LUMP SUM STRUCTURE $ 364,000

Contract Lost
Construction Cost
........................................ .
SAY
$ 2,042,196
'i0E 329 42
1,3425,16
$ 2,400,000
6

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END PROJECT
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BEGIN PROJECT
VICINITY MAP
E-2921 F
American Tobacco Trail, Phase F

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AMERICAN TOBACCO TRAIL, PHASE F
CHATHAM COUNTY
TIP PROJECT NO. E-2921 F
APPENDIX A
CATEGORICAL EXCLUSION FORM CHECK LIST

INDEPENDENT BICYCLE/PEDESTRIAN PROJECT
CATEGORICAL EXCLUSION FORM
General Information
Project Name: American Tobacco Trail, Phase F
TIP Number :E-2921F
Project Sponsor: NC DOT Div. of Bicycle and Pedestrian Transportation
Project Contact
Name: Tom Norman
Telephone: [phone]
E-mail: [e-mail]
Project Description: The proposed project will be constructed along an
abandoned railroad right of way from Wake-Chatham County line to
Chatham-Durham County line. The multi-use trail will be a 12-foot wide
unpaved crushed stone surface for up to first 5,800 feet and a dual surface
trail of 10-foot wide asphalt pavement and 6-foot wide crushed stone
surface for up to last 18,895 feet.
Purpose and Need: This portion of the American Tobacco Trail is a vital
link between the existing sections of Wake County and Durham County
American Tobacco Trails. It will complete the missing link of the trail that
will provide continuous approximately 22 miles of multi purpose trail in
Wake, Chatham and Durham Counties.
Proposed Improvements: See Categorical Exclusion Report
Special Information: See Jurisdictional Review Report
Threshold Criteria
Please answer each question. If a response falls within ayes/No "box", then
supporting documentation of the impact should be included.
ECOLOGICAL YES NO
(1) Will the project have a substantial impact on any
unique or important natural resource? X

(2) Does the project involve habitat where federally
listed endangered or threatened species may occur? X
(3) Will the project affect anadromous fish?
X
(4) If the project involves wetlands, is the amount of
permanent and/or temporary wetland taking less than
one-third (1/3) of an acre and have all practicable
measures to avoid and minimize wetland takings been N/A ^
evaluated? If no wetlands are involved, write "N/A".
X
(6) Will the quality of adjacent water resources be adversely
Impacted by proposed construction activities? X
(7) Does the project involve waters classified as Outstanding
Water Resources and/or High Quality Waters? ~ X
(8) Will the project require fill in waters of the United States
in any of the designated mountain trout counties? X
(9) Does the project involve any known underground storage

tanks (UST's) or hazardous materials sites? ^
X
(5) Will the project require the use of U. S. Forest Service ^
lands?
PERMITS AND COORDINATION YES NO
(10) If the project is located within a CAMA county, will the
Project significantly affect the coastal zone and/or any N/A

"Area of Environmental Concern" (AEC)? ^
(11) Does the project involve Coastal Barrier Resources Act N/A

Resources? ^
(12) Will a U. S. Coast Guard permit be required? N/A ^
(13) Will the project result in the modification of any existing
regulatory floodway? X
(14) Will the project require any stream relocations or channel
changes? X
SOCIAL, ECONOMIC, AND CULTURAL RESOURCES YES NO
(15) Will the project induce substantial impacts to planned
growth or land use for the area? X
2

s
•
(16) Will the project require the relocation of any family or ^
business? X
(17) Will the project have a disproportionately high and
adverse human health and environmental effect on any X
minority or low-income population?
(18) If the project involves the acquisition of right of way, is the ^
amount of right of way acquisition considered minor? X
(19) Will the project involve any changes in access control? ^
X
(20) Will the project substantially alter the usefulness and/or
land use of adjacent property? X
(21) Will the project have an adverse effect on permanent
local traffic patterns or community cohesiveness? X
(22) Is the project included in an approved thoroughfare plan
and/or Transportation Improvement Program (and is
therefore, in conformance with the Clean Air Act of

1990)? X ^
(23) Is the project anticipated to cause an increase in traffic
volumes? X
(24) Will traffic be maintained during construction using

existing roads, staged construction, or on-site detours? X ^
(25) If the project is a bridge replacement project, will the
bridge be replaced at its existing location (along the
existing facility) and will all construction proposed
in association with the bridge replacement project be
contained on the existing facility? X
(26) Is there substantial controversy on social, economic, or
environmental grounds concerning the project? ~ X
(27) Is the project consistent with all Federal, State, and local ^
laws relating to the environmental aspects of the project? X
(28) Will the project have an "effect" on structures/properties
eligible for or listed on the National Register of Historic X
Places?
(29) Will the project affect any archaeological remains which
are important to history or pre-history? X
3

(30) Will the project require the use of Section 4(f) resources
(public parks, recreation lands, wildlife and waterfowl
Refuges, historic sites, or historic bridges, as defined in
Section 4(f) of the U. S. DOT Act of 1966)? X
(31) Will the project result in any conversion of assisted public
recreation sites or facilities to non-recreation uses, as X
defined by Section 6(f) of the Land and Water
Conservation Act of 1965, as amended?
(32) Will the project involve construction in, across, or adjacent
to a river designated as a component of or proposed
For inclusion in the Natural System of Wild and Scenic
Rivers? X
Additional Documentation Required for Unfavorable Responses:
(Unfavorable responses from the section above would include any "checked"
boxes. For example, under the Yes/No columns, unfavorable responses are
identified on this form by an outline. Favorable responses are identified by
underlining. Additional supporting documentation should be attached, as
necessary)
Categorical Exclusion Approval
Prepared by: Kumar Trivedi, Senior Facility Design Engineer
01-08-07 Thomas Norman, Director, NCDOT Div. Of Bicycle and
Pedestrian Transportation
Date Name,
ncy

AMERICAN TOBACCO TRAIL, PHASE F
CHATHAM COUNTY
TIP PROJECT NO. E-2921F
APPENDIX B
JURISDICTIONAL RESOURCES REVIEW REPORT

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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
October 5, 2006
MEMORANDUM TO:
ATTENTION:
FROM:
Thomas P. Norman, PE, Director
Bicycle and Pedestrian
Kumar Trivedi, PE
Senior Facility Engineer
Brett Feulner
Natural Environment Unit
LYNDO TIPPETT
SECRETARY
SUBJECT: Jurisdictional Resources Review for the proposed
American Tobacco Trail from Wake-Chatham County to
the Chatham-Durhart-i County Line, Chatham County;
Federal Aid No. RSTP-0505(7); State Project No.
8.2352401; TIP No. E-2921 F, 33896.1.1
The NCDOT plans to convert an existing discontinued railroad corridor into amulti-use
trail. The first portion of the trail from the Chatham-Wake County line to SR 1733 (New
Hope Church Road) is proposed to be a 12-foot wide unpaved crushed stone trail for 1.1
miles. The second portion of the proposed multi-use trail from SR 1733 (New Hope
Church Road) to the Chatham-Durham County line, will be adual-surface trail consisting
of a 10-foot wide asphalt. path and a 6-foot wide crushed stone typical section for 3.58
miles. At the crossings of Panther Creek and Northeast Creek the project will use the
existing substructure to construct new timber deck. No new fill will occur within these
two jurisdictional crossings. On September 12, 2006 NCDOT Biologist Brett Feulner
and Sara Easterly surveyed the above-mentioned project for jurisdictional resources
within the project area.
WATER RESOURCES
The existing discontinued railroad bed crosses six unnamed tributaries (UTs) via culverts.
Two streams, Panther Creek and Northeast Creek, will be crossed by adding new decking
to the existing substructures from the original railway trestles. No new structure will be
placed in Panther Creek or Northeast Creek. Table 1 lists the location, name and stream
status of all of the streams in the project area. No wetlands were found in the project
study area. Currently, project plans do not call for extending any existing culverts over
jurisdictional streams, therefore no permits will be required.
MAILING ADDRESS: TELEPHONE: [phone] LOCATION:
NC DEPARTMENT OF TRANSPORTATION FAX: [phone] TRANSPORTATION BUILDING
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1 SOUTH WILMINGTON STREET
154$ MAIL SERVICE CENTER WEBSITE.' WWW.NCDOT,ORG RALEIGH NC
RALEIGH NC 27699-1548

Table 1: Jurisdictional Stream Crossings
Station Stream Name Intermittent or
Perennial DWQ Classification
43+00 UT to Indian Creek Perennial WS-N-NSW
54+00 UT to Indian Creek Perennial WS-IV-NSW
72+00 UT to Indian Creek Perennial WS-IV-NSW
112+50 Panther Creek Perennial WS-IV-NSW
147+50 UT to Panther Creek Intermittent WS-N-NSW
176+00 Ut to Northeast Creek Perennial WS-N-NSW
197+50 Ut to Northeast Creek Perennial WS=IV-NSW
235+00 Northeast Creek Perennial WS-IV-NSW
PROTECTED SPECIES
Plants and animals with federal classifications of Endangered (E), Threatened (T),
Proposed Endangered (PE) and Proposed Threatened (PT) are protected under provisions
of Section 7 and Section 9 of the Endangered Species Act of 1973, as amended. As of
April 27, 2006 the U.S. Fish and Wildlife Service (USFWS) lists 4 federally protected
species in Chatham County (Table 2).
Table 2. Federally Protected Species for Chatham County
Scientific Name Common Name Status Biological
Conclusion Habitat
Haliaeetus leucocephalus Bald Eagle Threatened No Effect No
Picoides borealis Red-Cockaded Endangered No Effect No
Woodpecker
Notropis mekistocholas Cape Fear Shiner Endangered No Effect No
Ptilimnium nodosum Harperella Endangered No Effect No
Name: Bald Eagle (Haliaeetus leucocephalars)
Family: Accipitridae
Federal Status: Threatened
Date Listed: Endangered, 1967; Threatened, 1995
Characteristics:
The bald eagle is a large raptor. The characteristic adult plumage consists of a white head
and tail with a dark brown body. Juvenile eagles are completely dark brown and do not
fully develop the white head and tail until the fifth or sixth year. Fish are the primary food
source, but bald eagles will also take a variety of birds, mammals, and turtles (both live
and as carrion) when fish are not readily available. Adults average about 3 feet from head
to tail, weigh approximately 10 to 12 pounds and have a wingspan that can reach 7 feet.
Generally, female bald eagles are somewhat larger than the males.
Habitat includes quiet coastal areas, rivers or lakeshores with large, tall trees. Man-made
reservoirs also provide habitat.

l
Biological Conclusion: No Effect
No foraging habitat is present within one mile of the project in the form of large water
bodies. Additionally, the North Carolina Natural Heritage Program's (NCNHP) database
of rare species and unique habitats was reviewed in September 15, 2006 and no
populations of the species have been recorded within one mile of the project area.
Name: Red-cockaded woodpecker (Picoides borealis)
Family: Picidae
Status: Endangered
Date Listed: 10/13/70
The red-cockaded woodpecker (RCW) once occurred from New Jersey to southern
Florida and west to eastern Texas. It occurred inland in Kentucky, Tennessee, Arkansas,
Oklahoma, and Missouri. The RCW is now found only in coastal states of its historic
range and inland in southeastern Oklahoma and southern Arkansas. In North Carolina
moderate populations occur in the sandhills and southern coastal plain. The few
populations found in the piedmont and northern coastal plain are believed to be relics of
former populations.
The adult red-cockaded woodpecker (RCW) has a plumage that is entirely black and
white except for small red streaks on the sides of the nape in the male. The back of the
RCW is black and white with horizontal stripes. The breast and .underside of this
woodpecker are white with streaked flanks. The RCW has a large white cheek patch
surrounded by the black cap, nape, and throat.
The RCW uses open old growth stands of southern pines, particularly longleaf pine
(Pinus palustris), for foraging and nesting habitat. A forested stand must contain at least
50% pine, lack a thick understory, and be contiguous with other stands to be appropriate
habitat for the RCW. These birds nest exclusively in trees that are >60 years old and are
contiguous with pine stands at least 30 years of age. The foraging range of the RCW is
up to 500 acres. This acreage must be contiguous with suitable nesting sites.
These woodpeckers nest exclusively in living pine trees and usually in trees that are
infected with the fungus that causes red-heart disease. Cavities are located in colonies
from 12-100 feet above the ground and average 30-50 feet high. They can be identified
by a large incrustation of running sap that surrounds the tree. The large incrustation of
sap is believed to be used as a defense by the RCW against possible predators. A clan of
woodpeckers usually consists of one breeding pair and the offspring from previous years.
The RCW lays its eggs in April, May, and June and hatch 38 days later. Clutch size
ranges in number from 3-5 eggs. All members of the clan share in raising the young.
Red-cockaded woodpeckers feed mainly on insects but may feed on seasonal wild fruits.
Biological Conclusion: No Effect
No foraging or nesting habitat is located within the project area. Foraging habitat is
located adjacent to the project area but no nesting habitat was observed. The NCNHP
database was reviewed on September 15, 2006 and no occurrences of the RCW were
observed within one mile of the project area

-,
Name: Harperella (Ptilimnizcm nodoszrm)
Plant Family: Apiaceae
Federal Status: Endangered,
Date Listed: September 28, 1988
Harperella is an annual herb in the carrot family, with fibrous roots and erect to spreading
stems. The stems are green and often have a purplish tinge at the base and they may
branch above mid-stem. The leaves are hollow, cylindrical, and septate, with broadly
clasping bases. Flowers are umbels, each umbel subtended by an involucre of small
lanceolate bracts. North Carolina currently has two known populations of harperella, one
in Granville and one in Chatham County. This plant can be found in two types of habitat,
rocky or gravel shoals and the margins of clear, swift-flowing stream sections, and the
edges of intermittent pineland ponds or low, wet savanna meadows in the coastal plain. It
is always found in saturated substrates and tolerates periodic, moderate flooding. There is
a preference for sunny areas and this species is abundant where it is sheltered from stream
erosion, usually on the downstream side of large rocks or amidst thick clones of water
willow.
Biological Conclusion No Effect
No habitat in the form of rocky or gravel shoals or the margins of clear, swift-flowing
stream sections, and the edges of intermittent pineland ponds or low, wet savanna
meadows was observed in the project area. The NCNHP database was also reviewed on
September 15, 2006 and no occurrences of harperella were observed within one mile of
the project area.
Name: Cape Fear shiner (Notropis mekistocholas)
Family: Cyprinidae
Federal Status: Endangered
Date Listed: September 25, 1987
The Cape Fear shiner is a small, moderately stocky minnow. Its body is flushed with a
pale silvery yellow, and a black band runs along its sides (Snelson 1971). The fins are
yellowish and somewhat pointed. The upper lip is black and the lower lip has a black bar
along its margin. Cape Fear shiner habitat occurs in streams with gravel, cobble, or
boulder substrates. It is most often observed inhabiting slow pools, riffles, and slow runs
associated with water willow beds. Juveniles can be found inhabiting slackwater, among
large rock outcrops and in flooded side channels and pools. The Cape Fear shiner is
thought to feed on bottom detritus, diatoms, and other periphytes. Captive specimens
feed readily on plant and animal material. The Cape Fear shiner is limited to three
populations in North Carolina. The strongest population of the Cape Fear shiner is in
Chatham and Lee counties from the Locksville dam upstream to Rocky River and Bear
Creek. Another population is located above the Rocky River Hydroelectric Dam in
Chatham County, and the third population is found in the Deep River system in Randolph
and Moore County.

s i
Biological Conclusion No Effect
There is no habitat in the project area in the form of slow pools, riffles, and slow runs
associated with water willow beds. The proposed project is located upstream of Jordan
Dam and there are no known occurrences of the Cape Fear shiner upstream of the Dam.
The NCNHP database was reviewed on September 15, 2006 and no known occurrences
within one mile of the project were observed. Additionally, Neil Medlin of the NCDOT
spoke with Gary Jordan of the USFWS on September 14, 2005. IVIr. Jordan confirmed
that no surveys would be required and the appropriate biological conclusion is no effect.
cc: File: E-2921 F

AMERICAN TOBACCO TRAIL, PHASE F
CHATHAM COUNTY
TIP PROJECT NO. E-2921F
APPENDIX C
CONCURRENCE LETTER FROM ARMY CORPS OF ENGINEERS

5~~~•
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• ~~~1!!!i~~~'
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~ AUG 2
DEPARTMENT OF THE ARMY 2Ou6

WILMINGTON DISTRICT, CORPS OF ENGINEERS

B. EVERETT JORDAN DAM AND LAKE
POST OFFICE BOX 144
c M
ONCURE, NORTH CAROLINA 27559
August 1, 2006
Mr. Thomas P. Norman, Director
North Carolina Department of Transportation
Division of Bicycle & Pedestrian Transportation
1552 Mail Service Center
Raleigh, North Carolina 27699-1552
Dear Mr. Norman:
Reference your July 3, 2006 letter regarding proposed construction of the Chatham County portion of the
American Tobacco Trail (ATT) within the North Carolina Department of Transportation's (NCDOT) easement
(DACW 21-2-99-6617) on Government property, at B. Everett Jordan Lake. Also reference your June 21, 2006
meeting with representatives of the Corps and the North Carolina Wildlife Resource Commission (NCWRC).
We have coordinated with the NCWRC regarding your request for concurrence on the proposed use of a
dual trail surface. Review of management plans for the areas in question indicates that due to the type and location
of timber resources in the vicinity of the trail the proposed asphalt surface would not impact future plans for timber
management. The proposed hardened equipment crossings will not be necessary. However, in the event that some
currently unanticipated future event should result in management activities that would require crossing the trail, the
proposed release of responsibility for damage to the paved trail surface due to management activities is appropriate.
Note that all management activities would be coordinated and all reasonable efforts would be made to avoid damage
to the trail surface.
We concur in the proposed use of a dual surface treatment; asphalt and crushed stone. This concurrence is
subject to the following conditions.
1. The NCDOT in coordination Chatham County and/or any other entities responsible for construction,
operation, and maintenance of the ATT will provide written conformation that the US Army Corps of
Engineers and the NCWRC will not be held responsible for damages to paved trail surfaces resulting from
prescribed land management activities
2. Discharge of fill material that would diminish the flood storage capacity of B. Everett Jordan Lake will be
avoided. Loss of flood storage due to placement of material below elevation 245 feet mean sea level will
be mitigated. The NCDOT will provide a calculation of cut and fill below elevation 245 ft msl on
Government property.
3. The NCDOT will abide by Supplemental Agreement No. 2 to Easement DACW 21-2-99-6617 including
attached License Agreement and Memorandum of Agreement for operation of the trail.
Thank you for your continuing efforts to provide high quality trail facilities on public lands. We look
forward to the completion of this facility. If we can provide any clarification or additional information regarding
this matter please contact Mr. Michael Hosey of the Wilmington District Operations Support Section at 919-542-
4501 ext. 26.
Sincere ,
c~t-.~
(~ Dan el Brown
Operations Manager

CC:
Mr. Isaac Harold
North Carolina Wildlife Resources Commission
2513 White Plains Lane
Mebane, North Carolina 27302
Ms. Tracy Burnett, Director
Chatham County Recreation Department
Post Office Box 87
Pittsboro, North Carolina 27312
2

January 14, 2004
Real Estate Division
SUBJECT: Supplemental Agreement No. 2 to Easement No. DACW21-2-99-6617 for the
Chatham County Portion of the American Tobacco Trail (ATT) at B. Everett Jordan Lake
Mr. W. Stephen Head
State of North Cazolina
Department of Transportation
Rail Division, Engineering and Safety Branch
1556 Mail Service Center
Raleigh, North Carolina 27699-1556
Dear Mr. Head:
I have enclosed four copies of the subject Supplemental Agreement No. 2 for execution
by the appropriate official. The purpose of this document is to incorporate
the license agreement between North Carolina Department of Tranpportation and Chatham
County for the construction, operation and maintenance of the ATT located within the boundaries
of Jordan Lake in Chatham County, into Easement No. DACW21-2-99-6617.
Please return all copies to this office. Upon execution on behalf of the Government, a
fully executed copy will be furnished you for your records. Should you have any questions
regarding this instrument, you may call me at [phone].
Sincerely,
/~
Sherry G. Oenbrink
Lead Realty Specialist
Enclosures
Copy furnished:
Steve Brown, Operations Manager, Falls/Jordan Lake Projects, 11405 Falls of the Neuse
d, Wake Forest, North Carolina 27585-1405
s. Tracy Burnett, Chatham County, Planning Department, P. O. Box 54, Pittsboi•o,
North Carolina 27312-0054
Mr. Bill Bussey, Triangle Rails-to-Trails Conservancy, 344 Roberson Creek Road, Pittsboro,
North Carolina 27312

_~~
NORTH CAROLINA
CHATHAM COUNTY
LICENSE AGREEMENT
THIS LICENSE AGREEMENT ("Agreement"), is made this/day of , 200a by
and between the STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
( "Department") and CHATHAM COUNTY, NC ("County").
WITNESSETH:
WHEREAS, the Department, in accordance with N.C. Gen. Stat. §§ 136-44.36A et seq. is
authorized to preserve rail transportation comdors and permit compatible interim uses of such
corridors; and
WHEREAS, the Department has an easement interest in an inactive railroad corridor
located on Federal land on the B. Everett Jordan Lake Project, in Wake, Durham and Chatham
Counties; and
WHEREAS, the County has requested that the Department grant a license for use of that
portion of said corridor located in Chatham County to the County fora "Rail Trail"; and
WHEREAS, the Department does not anticipate the need to resume active rail service in
said rail corridor for at least ten (10) years; and
WHEREAS, the Department has previously leased other portions of a railroad corridor
not located on property of the United States to the County for interim public recreation use in
accordance with N.C. Gen. Stat. § 136-44.36D and the provisions hereinafter set forth; and
WHEREAS, THE SECRETARY OF THE ARMY, on behalf of the United States of
America, granted the Department, its successors and assigns, Easement DACW21-2-99-6617
("Easement") for the construction, installation, operation and maintenance of multi-use
transportation facilities on, over and upon and affecting certain real property located in Wake,
Durham and Chatham counties, North Carolina. Said easement dated June 1, 2000, is recorded
in said counties
WHEREAS, the Easement requires written approval from the District Engineer,
Wilmington District or his authorized representative the Operations Manager, Falls/Jordan Lake
Projects to the transfer or assignment of any interest, privilege, or license whatsoever in
connection with the Easement, and

..
WHEREAS, the Department is desirous of granting the County a license for a portion of
the Easement premises for use as a part of the County's "Rail Trail". Said license (Agreement)
shall be subject to the terms and conditions the Easement.
NOVJ, THEREFORE, for and in consideration of Ten Dollars ($10.00) and other good
and valuable consideration, the receipt of which is hereby acknowledged, the Department grants
unto the County a license for ingress, egress, regress, use and occupation for the purposes set
forth herein on and over certain land ("Licensed Premises") lying and being in Chatham County,
North Carolina, the Licensed Premises being a portion of the lands subject to the Easement and
more particularly described in Exhibit "A" attached hereto.
1. AUTHORITY
The County, by entering in this Agreement acknowledges that it has acted in accordance
with all applicable laws and regulations, including, but not limited to N.C. General Statutes §
136-44.36D~, and that it will continue to act in accordance with these laws and regulations upon
execution of this Agreement.
2. SCOPE AND TERM ~OF AGREEMENT
The County shall use the Licensed Premises solely for interim public recreational trail
use, and such use shall not interfere with the ultimate transportation purposes of the corridor as
determined by the Department. The County agrees that all costs associated with the use and
development of the Licensed Premises shall be at no expense to the United States of America.
This grant shall not be construed to vest in the County any other greater interest, and in no event
is any warranty of said privilege hereby given by the Department, nor shall any warranty be
implied from the terms of this License Agreement. The County agrees to assume all
development costs for such use, at no expense to the Department and the United States,
excluding any future bicycle/pedestrian project programmed in the Department's Transportation
Improvement Program.
The term of this Agreement shall be ten years, automatically renewable for consecutive
five - yeaz terms, unless terminated. After the initial ten -year term, the Departrnent has the right
to resume active rail use of the Licensed Premises to assure continuation of the corridor's
perpetual use for raih-oad and interim compatible uses. The Departrnent has the right to resume
active rail use of the Licensed Premises to assure continuation of the corridor's perpetual use for
raikoad purposes and interim compatible uses. The Department shall give the County twelve
(12) months written notice of termination of this Agreement, if the Department terminates the
Agreement pursuant to this Paragraph. A copy of such notice of termination shall be provided to
the District Engineer, Wilmington District, or his authorized representative the Operations
Manager, Falls/Jordan Lakes Projects.
2

•~ a
3. LICENSE FEES
Upon execution of this Agreement by both parties, the County shall submit payment of
ten dollars ($10.00) to the Department for the first ten years of this Agreement and shall submit
additional payment of one dollar ($1.00) every year thereafter that this Agreement remains in
effect.
4. AS IS, WHERE IS
The Department makes no warranties or representations regarding the condition of the
Licensed Premises. The County takes the Licensed Premises "AS IS, WHERE IS" and
expressly waives any and all claims against the Department and the United States relating to or
arising from the condition of the Licensed Premises and the property surrounding the Licensed
Premises, including but not limited to, any claims and costs relating to environmental
contamination.
5. RESERVATIONS
a. The Department reserves unto itself and its agents the permanent rights to maintain,
operate, renew, or reconstruct upon, under, or over the Licensed Premises all tracks and facilities
necessary for resumption of active rail use. The Department further reserves unto itself and its
agents the permanent right to resume active rail use. Such reservations are subject to the notice
provisions otherwise provided in this Agreement. The United States, its officers, agents, and
employees, retain the right to enter upon the Licensed Premises.as provided for in the Easement.
b. The Department further reserves unto itself and its agents the right to enter upon the
Licensed Premises at any and all times for inspection of the Licensed Premises and for any other
lawful purpose.
c. The County agrees that its occupation and use of the Licensed Premises is subject to
any or all contracts, leases, licenses, easements, or agreements pertaining to the Licensed
Premises and existing at the time of execution of this Agreement between the Department and
third parties and that the County shall construct its rail trail so as not to unreasonably interfere
with such contracts, leases, licenses, easements, or agreements. Upon execution of this
Agreement, the Department will make available such contracts, leases, licenses, easements, or
agreements to the County. In the event that the County fords the terms of these contracts, leases,
licenses, easements, or agreements are unacceptable, the County's sole and exclusive remedy
shall be to terminate this Agreement without further liability or obligation to either party.
d. -The Department shall retain and negotiate all agreements for aerial and subsurface use
of the Licensed Premises. -

6. ASSIGNMENT, SUBLICENSES AND ENCUMBRANCES
The County will use the Licensed Premises for the purpose of constructing and
maintaining an interim recreational trail and for no other purpose without the written consent of
the Department, and subsequent approval by the District Engineer, Wilmington District or his
authorized representative, the Operations Manager, Falls/Jordan Lakes Projects. This Agreement
is a personal privilege to the County and shall not be assigned in whole or in part by the County
without the written consent of the Department and subsequent approval by the United States, nor
shall the County, except with such written consent, permit the Licensed Premises to be used for
any purpose by any other party, firm, or corporation. The County shall not, without express
consent of the Department and subsequent approval by the United States, encumber, create or
incur any lien on or with respect to the Licensed Premises. Consent by the Department and the
United States to any sublicense, assignment, amendment, or encumbrance of this Agreement
shall not be construed to be consent to any further sublicense, assignment, or amendment of this
Agreement. Should the County become aware of any encroachment by any entity or person
other than the County upon the Licensed Premises, the County shall notify the Department of the
encroachment immediately and shall take no action with respect to the encroachment without
express written consent from the Department. The Department shall provide copies of such
notices to the District Engineer, Wilmington District or his authorized representative the
Operations Manager, Falls/Jordan Lake Projects.
7. CONSTRUCTION, MAINTENANCE AND MANAGEMENT
a. The County will nQt construct or cause to be constructed the Rail Trail, including but
not limited to construction of any buildings, structures or improvements, unless reviewed and
approved in writing by the Department's Rail Division and Division of Bicycles and Pedestrian
Transportation, and the subsequent approval of the District Engineer, Wilmington District or his
authorized representative the Operations Manager, Falls/Jordan Lakes Projects. The County's
plans for the Rail Trail shall be developed in accordance with Departmental and federal laws,
rules, standards, specifications, policies and procedures for interim public recreational trail use,
including the Department's Rail Comdor Preservation Policy. Any development plan shall
include, but not be limited to, any proposed physical and geographical renovations or alterations.
Any buildings, structures, or improvements erected by the' County on the Licensed Premises
shall be substantially constructed or installed and maintained; shall be kept in good repair and
presentable condition; shall be located as described herein or otherwise approved in writing by
the Department's Rail Division and Division of Bicycles and Pedestrian Transportation; and
shall not be relocated upon the Licensed Premises except with the written consent of the
Department's Rail Division and Division of Bicycles and Pedestrian Transportation. The County
will be responsible for keeping the Licensed Premises in a safe and clean and sanitary condition,
free of waste, trash, or unsanitary or flammable matter, and prevent the posting of advertising
bills or signs upon the Licensed Premises, .except the usual business signs of the County or as~
otherwise provided herein.
4

b. If the County undertakes to revise, renew, relocate, or change in any manner
whatsoever all or any part of the plans and specifications approved by the Department, such
plans shall be submitted to the Department's Rail Division and Division of Bicycle and
Pedestrian 'Transportation for approval before any such change is made and all such changes
shall require the subsequent approval of the Operations Manager, Falls/Jordan Lake Projects.
After approval, the terms and conditions of this Agreement shall apply thereto.
c. The County shall improve and/or maintain the Licensed Premises at the County's
own cost and expense. The Department and the United States shall be exempt from any costs,
charges, or assessments of any kind or character which arise out of or are incident to the location
and improvement of the Licensed Premises within the limits of the right of way, or on account of
any action or omission by the County in connection therewith. The County, at no expense to the
Department ox the United States, shall operate and maintain, or cause to be maintained, the
Licensed Pre-raises and/or subsequent facilities in accordance with all State and Federal laws,
policies and specifications, local codes, and ordinances. The County shall perform inspections to
all trestles, pipes culverts and retaining walls at least once every two years, and prepare written
documentation of said inspections. For those structures crossing public streets, said work shall
be performed in accordance with, and future amendment of, National Bridge Inspection
Standards (23 CFR, Chapter 1, Part 650), the AASHTO Manual for Maintenance Inspection of
Bridges, 1983, and Recording and Coding Guide for the Structure Inventory and approval of the
Nation's Bridges --December, 1988. The County shall be solely responsible for obtaining alI
federal, state and local licenses and permits for said corridor and or subsequent facilities. Failure
to comply with all state and federal procedures referred to in this paragraphs may result in
cancellation of this Agreement by the Department at no cost or liability to the Department or the
United States.
d. If the Department determines that the County has failed to construct or maintain
the Rail Trail in accordance with said approved plans and specifications, the Department reserves
the right to require the County to fulfill the design requirements, and if the County fails to do so,
the Department shall have the right to terminate this Agreement and assess costs against the
County as provided in Paragraph 12(d), below. Said construction or maintenance failure by the
County may further result in the termination of this Agreement by the Department at the request
of the United States.
e. In the event the County deems it necessary for the Department to remove and
relocate any structures or property of third persons or corporations, including but not limited to
wire lines and poles or other supports now located and constructed upon or near the
Department's right of way, the County shall remove and relocate or arrange for the removal or
relocation of same without cost or expense to the Department or the United States, and in all
respects in accordance with the requirements of the Department or the United States. Any utility
changes must conform to specifications promulgated by all applicable laws, policies, procedures
and guidelines.

f. The County shall obtain all permits, certificates, licenses, and authorizations required
by any governmental authority for any improvements to or use of the Licensed Premises.
g. The County shall comply with the requirements of all federal, state, and local laws,
rules, regulations, and policies, including but not limited to all safety, health, environmental, and
sanitation laws, rules, regulations and policies for all conditions caused by any use, acts, or
omissions of the County, its agents, or its invitees or guests, on the Licensed Premises and will at
its own expense make all corrections, repairs, or additions to the Licensed Premises which are
necessary to ensure compliance with such laws, rules, regulations, and policies.
h. The County shall not install any underground tanks or associated underground piping
for the storage of any product on the Licensed Premises without the express written consent of
the Department and the subsequent approval of the District Engineer, Wilmington District of his
authorized representative the Operations Manager, Falls/Jordan Lake Projects.
i. The County shall not dispose of any wastes of any kind, whether hazardous or not, on
the Licensed Prerriises and the County shall not conduct any activity on the Licensed Premises
which may or does require a hazardous waste treatment, storage or disposal facility permit from
either the federal or state agencies.
j. The County agrees to exercise every reasonable precaution during construction or
maintenance to prevent eroding of soil; silting or pollution of rivers, streams, lakes, reservoirs,
other water impoundments, ground surfaces, or other property; or pollution of the air.
k. The County shall comply with all applicable rules and regulations of the North
Carolina Deparbnent of Environment and Natural Resources. The County agrees to comply with
all federal, state and local environmental laws, rules, regulations while subj ect to the terms of
this Agreement. None of the terms of this paragraph, or of this agreement elsewhere shall be
construed as a waiver of any environmental regulations. If hazardous or any other unauthorized
material is discovered, and it is determined that such material is present as a result of action by
the County, the County shall be solely responsible and hold the Department and the United
States harmless for all costs associated with the removal of the material and any damages caused
by the existence of said material.
1. Upon execution of this Agreement, the County shall post the following signs along the
entire length of the comdor in order to deter new encroachments: "Future Home of the
American Tobacco Trail."
m. The County, at no expense to the Department or the United States, shall assume all
responsibility for management, security and liability for the Licensed Premises and related
facilities. Management and security shall be~conducted in a manner satisfactory to the
Department and the United States and in compliance with all applicable laws and regulations.
6

.,
n. The County shall not permit hunting on or from the Licensed Premises. The
County shall post signs at all entrances and at various focal points along the Rail Trail that
prohibit hunting on or from the licensed premises. In addition to and in accordance with its
obligations in Paragraph 7(1) above, the County shall post signs at all entrances and at various
focal points along the Rail Trail giving notice of hunting on the property adjacent to the Licensed
Premises. -
However, hunters may only use the trail for hunting access during hunting
seasons under the following circumstances:
(1) The trail and associated facilities shall be utilized only by hunters licensed in
the State of North Carob-na for access to the surrounding Gameland areas open to hunting.
(2) Hunters licensed in the State of North Carolina may carry hunting weapons
on the trail comdor asd in trailhead areas only if the weapon is unloaded, is approved for hunting
in the State of North Carolina, is carried in the open, and is carried only during hunting seasons
designated by the State of North Carolina.
(3) firing weapons within or across the fenced trail corridor is prohibited.
8. ENHANCEMENT FUNDS
If any Enhancement Funds, as defined by Section 1202 of the Transportation Equity Act
'of the 21st Century, are used for ariy improvements to the Licensed Premises, all provisions
pertaining to receiving said funding shall be incorporated into the terms of this Agreement.
9. LIABILITY
a. To the extent allowed by state law, the County shall be solely responsible for, and
shall indemnify, defend, and hold harmless the Department and the United States and its assigns
from any claims, demands, causes of action, suits, judgments, or other liability, including
expenses and attorneys fees therewith, for any death or injuries to any persons, including but not
limited to the County's employees, agents, assigns, guests, or invitees, or for loss of or damage
to property, including but not limited to property owned or possessed by the County's
employees, agents, assigns, guests, or invitees, which occurs by reason of, or arises out of, or is
incidental to, the use or occupancy by the County, its agents, assigns, guests or invitees of the
Licensed Premises covered by this Agreement.
b. Without limiting the indemnities provided in this Agreement, the County, shall
indemnify, defend, and hold harmless the Department, the United States and their assigns from
any claims, demands, causes of action, suits, judgments, or other liability, including expenses
and attomeys fees therewith, for any death or injuries to persons or for loss of or damage to
property arising out of or in connection with hunting on the Licensed Premises. The County
expressly assumes all responsibility for protection of the public's health and safety with respect
to any hunting that occurs on the Licensed Premises.
7

expressly assumes all responsibility for protection of the public's health and safety with respect
to any hunting that occurs on the Licensed Premises.
c. Irrespective of any obligations assumed by the County elsewhere in this Agreement,
the County shall have the duty to maintain the Licensed Premises in a reasonably safe condition
for the County's agents, invitees, guests. The County shall be responsible, hold the Department
and the United States harmless, and assume liability on behalf of the Department and the United
States as to all persons or parties, for any dangerous conditions, reasonable or unreasonable,
natural or artificial, which exist at the time of the execution of this Agreement, or which arise
after the execution of this Agreement, whether or not the Department or the United States knows
or has reason to know of the conditions and whether or not the Department or the United States
has concealed or failed to disclose to the County such conditions. .
10. ENFORCEABILITY
If any provision of this Agreement, or the application thereof to any person or .-
circumstance, shall, for any reason and to any extent, be invalid or unenforceable, the remainder
of this Agreement and the application of such provision to other persons or circumstances shall
not be affected thereby but rather shall be enforceable to~ the fullest extent permitted by law.
11. THIRD-PARTY AGREEMENTS
1f it is necessary for the County~to enter into agreements with third parties (1) for the
purchase or lease of real property rights in order to construct the Rail Trail or (2) for the
construction or maintenance of the Licensed Premises, the County shall enter into such
Agreements at its sole cost and expense. Such Agreements shall not affect the terms or
obligations of the parties to this Agreement.
12. TERNIINATION
a Failure on the part of the County to comply with the terms of this Agreement shall be
grounds for the Department to terminate this Agreement at no cost or liability to the Department
or the United States and subject to the costs described in paragraph 12(d), below. Said failure by
the County may further result in termination of this Agreement by the Department at the request
of the United States.
b. Upon termination of this Agreement, any and all leases and third party agreements
connected to the use of the Licensed Premises entered into by the County and persons or entities
other than the Department shall be null and void
c. Upon notice of termination of this Agreement by either parry pursuant to any of the
termination terms in this Agreement, the County, at its own cost and expense, within one
hunr~red eiglZt~~ (180) days after termination of this Agreement, shall remove any improvements
affixed to the Licensed Premises which in the opinion of the Department can be removed without
material injury to the Licensed Premises, and restore the Licensed Premises to the condition

d. Upon termination of this Agreement by either parry, the County shall be responsible
for paying the costs for completing and maintaining the Rail Trail or the costs to return the
Licensed Premises to its condition prior to execution of this Agreement.
13. MERGER CLAUSE
This Agreement and the Exhibits attached hereto constitute the final expression of all the
terms agreed upon and are a complete and exclusive statement of those terms, superseding all
other prior understanding and agreements, both written and oral, between the parties with respect
to the subject matter of this Agreement and the Exhibits. This Agreement and the Exhibits may
not be supplemented, amended, or modified at anytime except by an instnunent in writing
executed by both parties.
14. SUBJECT TO EASEMENT
The County aclaiowledges that this Agreement is subject to the terms and conditions of
Easement DACVJ21-2-99-6617, and any future amendments thereto.
15. MEMORANDUM OF AGREEMENT
Attached hereto as Exhibit B is a Memorandum of Agreement between the County, the
United States Army Corps of Engineers, and the North Carolina wildlife Resources
Commission. The terms of the Memorandum of Agreement are incorporated herein by reference.

IN WITNESS WHEREOF, the Department has caused this instrument to be signed by
its duly authorized agent, and the County has caused this instrument to be signed by its duly
authorized agent, this the day and year first above written.
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
BY:
DEPUTY SECRET Y
FOR TRANSPORTATION
WITNESSED BY:
~~_~-
This Instrument has been pre-audited
in the manner required by the Local
Government Budget and Fiscal
Control Act
COUNTY OF CHATHAM,
NORTH CAROLINA
BY: G
C ,CO TY
BOARD OF CO SSIONERS
ATTEST:
C RK TO THE BO ~ NlG

County Finance Officer
Federal Tax Identification Number
cS ~o - G~OC1Q Z ~`f
Chatham County
10

~ ~
THISL~~I`CENSE AGREEMENT is also consented to on behalf of the United States this
day of ~ 2001 .
=~~~
Bruce Bringman
U.S. Army Corps Of Engine
Savannah District
Real Estate Division,
Chief, Management Section
Signed d seale the presence of:
Notary Public
LISA HREHA
Notary Public, Bryan County, GA
My Commission Expires November 12, 2007
~1.~~---~._
Steve Brown
U. S. Army Corps of Engineers,
Wilmington District
Operations Manager,
Falls/Jordan Lake Projects
Signed and sealed in the presence of
1
Notary Publ'
wr • OFFICIAJ.. SEAL
•',`~:: ~ ~ Notary Pubii: - r~or`ii Csrofina '
~:
MY cow-~nss;osv D(rIRGS sT~ooa

CERTIFICATE OF AUTHORITY
I, Tammy Denning, certify that I am the Secretary to the Board of Transportation for the
State of North Carolina, and fiuther certify that DAVID KING, who signed the foregoing
instrument, on behalf of the State of North Carolina Department of Transportation (Department)
was then the Deputy Secretary for Transportation. I further certify that said officer was acting
within the scope of powers delegated to him by the State of North Carolina Department of
Transportation in executing this instrument.
This 2,hd day of , 200.
12

COPY OF A RESOLUTION PASSED BY THE BOARD OF COUNTY
CONIlVIISSIONERS
OF THE COUNTY OF CHATHAM, NORTH CAROLINA
WHEREAS, the North Carolina Department of Transportation and the County of
Chatham propose to enter into a License. Agreement for interim use of parts of an inactive
railroad comdor in Chatham County; and
WHEREAS, the County of Chatham agrees to use said comdor solely for the purpose of
recreational and/or alternative transportation facilities; and
WHEREAS, the County shall assume all development costs, management, security and
liability responsibilities at no expense or liability whatsoever to the Department; and
WHEREAS, the Department shall have the right to return the corridor to active rail use
upon a twelve (12) month written notice of license termination.
NOW, THEREFORE, BE IT RESOLVED that said License Agreement is hereby
formally approved by the Boazd of Commissioners of the County of Chatham and that the Clerk
of this County is hereby empowered to sign and execute the Agreement with the Deparment of
Transportation.
A motion was made by Commissioner Atwater and seconded by Commissioner Pollard
for adoption of the following Resolution, and upon being put to a vote was duly adopted:
I, Sandra B. Sublett, Clerk of the County of Chatham, do hereby certify that the foregoing
is a true and correct copy of excerpts from the Minutes of the meeting of the Board of
Commissioners duly held on the 18~' day of August, 2003.
WITNESS my hand and the official seal of~Chatham County on this the ~ Q+k day of
2003.
c
(SEAL) ~,
CL
COUNTY OF CHATHAM
~~ NORTH CAROLINA
13

ACKNOWLEDGMENT
STATE OF G2CSl ' ~ C~
COUNTY OF ~J C~ i,~
Before me a Notary Public in and for the County of r~+1/ personally appeared
before me Bruce A. Bringman, to me known to be the identical person and officer whose name is
subscribed to the foregoing instrument, and acknowledged to me that he/she executed the
foregoing instnunent by direction of the Assistant Secretary of the Army (I, L&E) for the
purpose therein expressed as the act and deed of the United States of America.
GIVEN under my hand and~seal, this ~?- day of ~ , X0(1}-.
~ - ~Jl.th U~.
NOTARY PUBLIC
(SEAL)
My Commission Expires:
LISA HREHA
' , nty, GA
My Commission Expires November 12, 2007
14

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EXHIBIT B
Memorandum of Agreement
Between
The County of Chatham
The US Army Corps of Engineers
And
The North Carolina Wildlife Resources Commission
For the Operation of the
AMERICAN TOBACCO RAIL-TRAIL
B. EVERETT JORDAN LAKE PROJECT
THIS MEMORANDUM OF AGREEMENT (MOA), made and entered into by
and between the County of Chatham, North Carolina, hereinafter called the
County, the United States Army Corps of Engineers, hereinafter called the
COE, and the North Carolina Wildlife Resources Commission, hereinafter
called the Commission;
WITNESSETH:
THAT, WHEREAS, the County is developing and maintaining the American
Tobacco Trail (ATT) and associated facilities on the Jordan Lake Game Land in
Chatham County for recreational hiking, cycling and horse back riding and
WHEREAS, the County is designing, constructing, and maintaining
trails suitable for hiking, cycling and horse back riding on Game Lands; and
WHEREAS, the Commission is authorized to grant permits for use
of portions of their leased land on the Jordan Lake Project; and
WHEREAS, the COE has agreed to allow recreational trails to be
constructed, operated and maintained on the Jordan Lake Project; and;
WHEREAS, it is the purpose of this MOA to address specific
operational details and responsibilities for the construction, operation and
maintenance of the ATT and associated facilities.
NOW, THEREFORE, in consideration of the sum of one dollar and
other valuable considerations, to be paid by the County under the terms of this
MOA, the Commission hereby grants to the County permission to design,
construct, maintain, and use trails on the portion of Jordan Lake Game Land as
indicated on the attached map labeled Attachment A, and subject to further terms
and conditions, as follows:
A. The County Agrees:
1. That the County's facilities on Federal property shall in all instances be open to
the general public for access on an equal basis.
2. The County shall provide a time line for construction and commencement of
operation of the trail and trailheads on Federal property prior to beginning
construction.

EXHIBIT B
3. The County shall provide a detailed written trail management plan. The plan
must be approved by the Commission and the COE prior to commencement of
operation of the trail and associated facilities. The plan shall include information
on the following topics:
a. Operations and Maintenance
-staff
- facilities
- budget
-inspection schedule
-standards
b. Regulations and Enforcement
- regulations
-enforcement authority
-patrol
c. Visitation/Usage
-quantification methods
d. Environmental Stewardship
- management and monitoring of trail impacts
- natural resource management plans
e. Special Events
- schedule of any annual events
-fees
-liability
d. Agency Coordination & Procedures
-Counties
-State
-Federal
e. Revenue
-sources
-accounting
4. The County shall provide visitor information as follows:
a. The County shall adopt and enforce user regulations for the portions of
the ATT they manage on Federal property. The County shall post its rules and
regulations. These regulations and any revisions or amendments thereto, must
be reviewed and approved, by the COE and the Commission before the County
commences operation of the trail and associated facilities. The County will
review or amend user regulations, as needed, or as requested by the
Commission or the COE.
b. To insure that the public is fully informed concerning use of areas on
Federal property by hunters and about natural resource management activities ,
the County shall provide adequate space on public notice boards for the

EXHIBIT B
Commission to post current information on hunter access, hunter safety, hunting
seasons and notices of management activities such as prescribed burns and
timber harvests located in the area of the ATT.
c. The wording and location of all signs placed along the trail and
associated facilities on Federal property must be approved in advance by the
Commission, and receive prior consent by the COE.
d. The County shall post signs identifying permitted and prohibited types
of access at all gates and access points along the trail areas on Federal properly.
5. The County shall post Gameland boundary signs on the areas of Federal
property leased or licensed for trail right of way, access roads, or other
associated facilities located on, passing through, or directly adjacent to
Gamelands to the satisfaction of the Commission: Signs shall be posted at a
minimum of 25 per mile of boundary unless otherwise specified.
6. The County shall erect a fence along the trail corridor and any other
associated facilities on Federal property. The fence will be erected as follows:
a. The fence line along the trail shall correspond to the existing
transportation right of way, which is in most cases 50 feet from the centerline of
the abandoned railway.
b. Fences and all associated gates and openings shall meet a standard to
be agreed upon by the County, the Commission, and the COE.
c. Fences shall have pedestrian passages at a frequency and/or location
to be specified by the Commission.
d. Pedestrian openings shall be designed to prevent the passage of
horses, bicycles, ATV's and other unauthorized vehicles from the trail area into
surrounding Federal property.
7. Access
a. The County shall construct the trail and associated structures and
facilities to accommodate the Commissions access needs.
6. The County shall place barriers and/or gates at traiUroad crossings and
other trail access points to prevent unauthorized vehicles from gaining access to
Federal property. The Commission will approve and the COE will consent to
design of all gates and barriers.

.~
EXHIBIT B
c. The County shall provide the Commission and the COE with keys for all
gates and barriers controlled by the County,.which provide access onto Federal
property.
8. The County shall not remove any merchantable timber without prior approval
of the Commission.
9. The County shall be responsible for protection of structures and facilities under
their management located in areas subject to prescribed burning.
10. The County shall provide an annual report to the COE and the Commission
of all pesticide and herbicide use for the portions of the ATT on Federal properly.
11. The County shall provide and maintain trash receptacles at appropriate
locations along the trail. Trash cans shall be large enough and present in
quantities sufficient to handle the volume of trash generated by trail users. Cans
shall be emptied at a frequency adequate to provide for the volume of waste
generated by trail users. All waste shall be removed from Federal property and
disposed of in approved landfill or recycling center.
12. The County shall provide and maintain separate containers for recyclable
materials (at a minimum for aluminum cans and plastic bottles). Recycling
containers shall be of a size and present in a quantity to handle the volume of
recyclable materials generated by trail users. Recycling containers shall be
emptied at a frequency adequate to provide for the volume of material generated
by trail users.
13. Events.
a. Special events (organized activities) that occur on the trail crossing
Federal properly must be approved in advance by the Commission and the COE.
A special event is defined as a planned event, at or along the ATT, that is
estimated to generate user participation that exceeds the normal design capacity
of the trail, and may interrupt normal daily use of the surrounding properties of
the COE and the Commission.
b. The COE and the Commission reserve the right to not permit any event
on Federal property that is determined to be detrimental to the public lands,
inconsistent with their designated purposes, or incompatible with existing uses.
14. The County shall inspect bridge structures as set out in the NCDOT License
agreement. Copies of all inspection reports must be provided to the COE and
the Commission.
15. The County is responsible for all activities required for operation and
maintenance of the American Tobacco Trail on Federal property.

EXHIBIT B
r.
16. The County may receive revenue from operation of these facilities under the
following conditions:
a. The County may collect reasonable fees for the use of the trail for
special events.
b. The County shall not collect admission or user fees for general use or
access onto the trail.
c. All monies received by the County from operations conducted on the
premises must be utilized by the County for administration, maintenance,
operation, and development of the trail. Any such monies not so utilized within a
reasonable time, shall be paid to the District Engineer at the end of each five-
year period. The County shall establish and maintain adequate records and
accounts and render annual statements of receipts and expenditures to the
District Engineer. The District Engineer shall have the right to perform audits of
the County's records and accounts.
17. Public Safety
a. The County is responsible for emergency response, fire protection and
law enforcement on the trail and associated facilities.
b. The County shall post notices for the public detailing what to do in case
of an emergency..
c. The County shall provide a monthly report to the Operations Manager,
Falls/Jordan Lake Projects detailing crimes and accidents occurring on County
managed areas~on Federal property.
B. THE COMMISSION AGREES:
1. The Commission shall actively managed timber within the trail corridor.
2. The Commission shall specify equipment access points for use during forestry
and wildlife management activities in order for the County to accommodate its
access needs.
3. The Commission shall coordinate all management activities that occur within
or directly adjacent to the ATT corridor with the County and shall notify the
County when management activities (timber sales, prescribed burning, etc.)
require the trail to be closed.
4. The Commission shall provide an annual report to the County identifying tracts
where prescribed burns or harvests that may affect trail usage are planned.

EXHIBIT B
r
5. The Commission shall be responsible for restoring the contours of and
stabilizing areas within the trial corridor disturbed by its management activities.
6. The Commission shall provide the County advance notice prior to
commencing prescribed burning activities and timber harvest operations.
C. IT IS MUTUALLY AGREED:
1. That trees, shrubs, or vines shall not be cut, mutilated or destroyed, nor shall
logs, trees or wood be removed, nor berries, mushrooms, fruit, or~nuts of any
kind be gathered or removed, except by the Commission, or its authorized agent
2. That no clause of this MOA shall be construed to imply a limitation to the
function of the area for wildlife management and recreational hunting.
3. That properly licensed game land hunters shall not be subject to any special
fees or license, to use the trail.
4. That hunters may use the trail for hunting access during hunting seasons
under the following circumstances:
a. The trail and associated facilities on Federal property shall be utilized
for access to the surrounding Gameland areas open~to hunting only by hunters
licensed in the State of North Carolina. .
b. That hunters licensed in the State of North Carolina may carry unloaded
weapons on the trail areas and that all persons canying weapons on the trail
must comply with all applicable laws and rules governing the type, use, and
possession of weapons.
c. That firing weapons within or across the fenced trail corridor is
prohibited.
5. That if trail usage guidelines are not followed by users as determined by the
Commission and the COE, then this MOA may be terminated in accordance
with Condition 12 of the License Agreement.
6. That failure by the County to comply with this MOA shall be grounds for the
District Engineer to terminate this and any other license, or lease agreement with
the County pertaining to the American Tobacco Trail and its associated facilities.
Termination will be at no cost or liability to the United States or to the State of
North Carolina.

« ~ ~ ~ ,y
txnir~ii is
D. IT IS HEREBY FURTHER AGREED:
That this MOA shall become effective upon it's signing by the parties hereto,
and shall continue in full force effective for the term of the License Agreement
between the State of North Carolina Department of Transportation and Chatham
County, North Carolina for use of that portion of an inactive rail corridor located
on Federal lands at B. Everett Jordan Lake Project.
IN WITNESS WHEREOF, this MOA has been signed in duplicate in the name
of the North Carolina Wildlife Resources Commission by Charles R. Fullwood,
Executive Director, in the name of the County of Chatham, North Carolina by
Tommy Emerson, Chairman, Chatham County Board of Commissioners, and for
the United States Army Corps of Engineers, Wilmington District by Steve Brown
Operations Manager, Falls/Jordan Lake Projects.
NORTH CAROLINA WILDLIFE RESOURCES COMMISSION
By: ~ " / ~a ~~~~
Charles R. Fullwood, Executive Director
Date: f'-'~~~~/ ~~
i
COUNTY OF CHATH M, NORTH CAROLINA
By:~
Tommy E on, Chairman,
Chatham unty Board of Commissioners
Date: R- ~ R _ ~
UNITED STATES ARMY CORPS OF ENGINEERS, WILMINGTON
By'
Steve~3rown, Operations Manager
Falls/Jordan Lake Projects
Date: ~ b 2 Z ~

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