20060684 Ver 1_More Info Received_20070328

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Applicatio
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Post Office Box 3136
Greensboro, NC 27402
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Preparer:
EWELL
ENGINEERING CONSULTANTS, PC
Post Office Box 2294
Kernersville, North Carolina 27285-2294
336-996-9974

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JEC Project No. 01-005-006
JEWELL
ENGINEERING CONSULTANTS, PC
February 16, 2007
Monte Matthews, US Army Corps of Engineers, Raleigh Regulatory Field Office
6508 Falls of the Neuse Rd., Ste. 120
Raleigh, NC 27615
North Carolina Division of Water Quality
401 Wetlands Unit
' 1650 Mail Service Center
Raleigh, NC 27699-1650
Re: Pre-Construction Notification Application (modified 2/16/2007)
New Garden Road - Roadway Improvements (Proposed)
City of Greensboro, North Carolina - Guilford County
' JEC Project No. 01-005-006
Mr. Matthews:
' This submittal is a modified application for a Pre-Construction Notification (PCN) that is currently approved
by USACE. This modified application is for a project that hasn't yet been issued by the DWQ 401 Wetlands
Unit. The original application was for stream impacts from proposed roadway improvements which will
' include a replacement culvert over FEMA Tributary #2, Horsepen Creek, and stream relocation/restoration
upstream of the proposed culvert. The original submittal was approved and signed on June 16, 2006 by Todd
Tugwell for NWP's 14 and 27 with ID numbers 200221316 and 200620838. The City of Greensboro will need
' to relocate an existing 20 inch water line under Tributary #2 prior to installing the culvert. Therefore, the
approved PCN application is now being modified to add NWP 12 and NWP 33 to accomplish that work. All
construction associated with the project will be contained on right-of-way, property owned by the City of
' Greensboro and/or within the Conservation Easement. Please find enclosed the following information and data
for this project:
1. PCN Application forms (pp. 5-14),(modified)
' 2. Exhibit #1 - Vicinity Map showing project location
3. Exhibit #2 - USGS Quadrangle showing project location
4. Exhibit #3 - Guilford County Soils Map showing project location
' 5. Exhibit #4 - (replaced by Exhibit #6)
6. Exhibit #5 - Proposed Culvert Construction Details
7. Exhibit #6 - Proposed Stream Relocation/Restoration Plan (revised)
' 8. Exhibit #8 - Proposed Stream Relocation/Restoration Details (replaced Exhibit 7)
9. Exhibit #9 - Proposed Stream Relocation/Restoration Details (new exhibit)
10. Conservation Easement Document
If you have any questions or need additional information, please feel free to contact me at 336-996-9974.
' Sincerely yours,
JEWELL Engineering Consultants, PC
> 60
C. Douglas Jewell, P
President
' Enclosures (5 copies with exhibits)
C: Donald H. Arant, PE, City Engineer, City of Greensboro (w/ enclosure, 1 copy)
Post Office Box 2294, Kernersville, NC 27285-2294 ¦ 311 South Main Street, Suite A, Kernersville, NC 27284
' [phone] ¦ Fax [phone] ¦ www.jewellengr.com

Office Use Only: Form Version March 05
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1 1.
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: Modification to NWP 14,
NWP 27, I.D. 200221316 & I.D.200620838 by adding NWP 12 and NWP 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: ® (Note from Applicant: Payment into the NCEEP is proposed by the
City of Greensboro only if the on-site stream restoration cannot be approved and/or
completed to satisfy mitigation requirements.)
I II.
1
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 Mana t
Environmental Concern (see the top of page 2 for further details), check here:
Applicant Information
MAR 2 8 ZOO/
DENR - WATER QUAL11'Y
1. Owner/Applicant Information Wf t c ANO $TlRMATFR BRAWCH
Name: Donald Arant, P.E., Chief Design Engineer, City of Greensboro
Mailing Address: City of Greensboro Engineering Division
P.O. Box 3136
Greensboro, North Carolina 27402-3136
Fax Number: 336-373-2338
E-mail Address: donald.arantkgreensboro-nc.gov
Telephone Number: 336-373-2465
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. - N/A)
Name: Doug Jewell, PE - Project Mgr. / Scott Bryant, PE - Project Eng.
Company Affiliation: JEWELL Engineering Consultants, PC
Mailing Address: P.O. Box 2294
Kernersville, North Carolina 27285-2294
Telephone Number: 336-996-9974 Fax Number: 336-996-9976
E-mail Address: djewellgiewellengr.com OR sbryantgjewellengr.com
Updated 11/1/2005
Page 5 of 14
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: New Garden Road Culvert Replacement & Stream Relocation/Restoration
'
2. T.I.P. Project Number or State Project Number (NCDOT Only): n/a
' 3. Property Identification Number (Tax PIN): n/a (Note: City R/W for New Garden Road)
4. Location
' County: Guilford Nearest Town: Greensboro
Subdivision name (include phase/lot number): n/a (Local Governmental Capital Project)
Directions to site (include road numbers/names, landmarks, etc.): Proposed culvert
improvement and stream project is located on New Garden Road in northwest Greensboro,
just northeast of Jefferson Road southwest of Strathmore Drive, and north of Bran
Boulevard. See vicinity map attached. Stream of interest is an unnamed tributary to
' Horsepen Creek.
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): 36.1191 ON 79.8691 °W
' 6. Property size (acres): Proposed culvert project within existing and/or future City right-of-
way along New Garden Road (Footprint is approximately 150' x 90'). Proposed stream
relocation/restoration project immediately upstream of culvert will be within a dedicated
' conservation easement (Stream relocation/restoration site corridor is approximately 420' x
80'. Total project area - 1.1 acre).
' 7. Name of nearest receiving body of water: Horsepen Creek (New Garden Culvert Project is
on a stream designated by FEMA/FIRM as Tributary #2 to Horsepen Creek)
8. River Basin: Cape Fear River Basin

Updated 11/1/2005
Page 6 of 14
(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/.)
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9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: New Garden Road is an existing 2-lane thoroughfare within
the City of Greensboro. The City proposes to widen New Garden Road to four lanes with a
center median. At the location of the proposed new culvert crossing, the stream is on
generally undeveloped property at the time of this application. The stream is a tributary to
Horsepen Creek. Generalized land use within the project vicinity is primarily residential.
10. Describe the overall project in detail, including the type of equipment to be used: As noted
in #9, the City proposes to widen New Garden Road to four lanes with a center median. The
proposed roadway improvements will require installation of a new and larger culvert to
convey the stream safely under the roadway while also protecting existing riparian resources
to the maximum extent practicable. The City proposes to use a 3-sided, bottomless, concrete
arch culvert to span across the stream and under the roadway. Standard earthmoving,
grading and compaction, and other roadway construction equipment will be used as required
for the roadway improvements. The culvert installation may involve excavation, foundation
preparation, cranes, and/or other equipment as required. Erosion and sedimentation control
measures will be used as required and approved by NC DENR/Land Quality for both the
roadway and culvert construction projects, as well as the proposed stream
relocation/restoration. (See attached plans for culvert and stream relocation/restoration
projects) The existing streams upstream of the proposed culvert improvement project are
degraded and incised with the major arm threatening to undermine the existing north-bound
lane of New Garden Road. Widening of New Garden will necessitate placement of fill
material in the existing stream bed, forcing the relocation of that stream reach. However, the
overall widening project presents the opportunity to accomplish two significant goals: 1)
relocation of the degraded stream and establishment of a more natural location and meander
pattern, and 2) stabilization of the degraded stream using accepted natural techniques to
restore form, function, and aquatic/riparian habitat. An existing water line is to be relocated
about three to four feet to the north of the northern wingwalls of the new culvert, crossing
under the stream. and reconnecting back to the existing water line in as short a distance as is
practicable (See attached plans).
' 11. Explain the purpose of the proposed work: Improvements to New Garden Road and the
culvert of interest are required as capital improvement projects to serve the Greensboro and
Guilford County public.
' 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,
Updated 11/1/2005
' Page 7 of 14
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. No formal jurisdictional determinations and/or permits have been
requested and/or obtained for this project to the best knowledge of the applicant. The consultant
agent for the City did meet with Mr. Todd Tugwell from the USACE at the site on December 21,
2004 to review the envisioned new culvert and potential stream relocation/restoration concepts
that may be required for mitigation. USACE suggested that a 1:1 mitigation ratio should be
appropriate for the stream impacts from the proposed new culvert under New Garden Road.
Impacts to the stream from the proposed culvert improvement may be up to 350 linear feet (see
Section VI of this application for more detail).
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.
N/A to the best knowledge of the applicant/agent
' 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.
' 1. Provide a written description of the proposed impacts: The proposed New Garden roadway
widening will require a longer and larger culvert for the stream of interest. The new culvert
may impact up to 100 linear feet of warm-water perennial stream, as also discussed on-site
with the USACE. The stream of interest is a perennial tributary to Horsepen Creek, and is
located within the City's Water-Supply Watershed area (non-Randleman Watershed). The
' City proposes to install a 3-sided, bottomless, arch culvert to help minimize impacts to the
stream and riparian environment. The roadway widening may impact an additional 184
linear feet of Tributary # 2 (South Tributary) and 138 linear feet of the North Tributary
' stream upstream of the culvert. These impacts are summarized in Exhibit #6.
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.

Updated 111112005
Page 8 of 14

Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year
Floodplain Nearest
Stream Impact
(acres)
(indicate on map) herbaceous, bog, etc.) (yes/no) (linear feet)
N/A

Total Wetland Impact (acres) N/A to the best knowledge of applicant/agent
3. List the total acreage (estimated) of all existing wetlands on the property: Not applicable
(N/A) to the best knowledge of the applicant/agent
' 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.

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Stream Impact
Perennial Average Impact Area of
Number Stream Name Type of Impact Intermittent
Intermittent? Stream Width Length Impact
(indicate on ma) . Before Impact (linear feet) (acres)
Proposed larger
See map and chart FIRM Tributary #2 and longer culvert Perennial -25 It or less
?100 if -0.06 ac
on exhibit #6 to Horsepen Creek for New Garden or less
Road
FIRM Tributary #2 Northern tributary, perennial -15 ft or less -138 if -0.04
to Horsepen Creek roadway widening
FIRM Tributary #2 Southern tributary,
Perennial -25 ft or less
-184 If
0.08
to Horsepen Creek stream relocation
FIRM Tributary #2 Northern tributary,
Perennial -15 ft or less
-69 If
0.02
to Horsepen Creek stream relocation

Total Stream Impact (by length and acreage) Up to
376 If -0.20 ac
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 map) Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)
N/A

Total Open Water Impact (acres) N/A
Updated 11/1/2005
Page 9 of 14

6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.20 ac
Wetland Impact (acres): N/A
Open Water Impact (acres): N/A
Total Impact to Waters of the U.S. (acres) 0.20 ac
Total Stream Impact (linear feet): 3761f
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.
N/A
' 8. Pond Creation N/A
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. (N/A)
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
f 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 may be 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 nrouosed 3-sided, bottomless, arch culvert design for New Garden Road was chosen
' and intended to help avoid and minimize impacts to the existing stream and riparian
environment.
' The New Garden Road widening and culvert project is a required capital improvement for the
Greensboro and Guilford County public. The larger and longer culvert is required for the
proposed roadway widening to safely convey the stream while having as minimal impacts as
practicable to the stream. The roadway and culvert location are constrained within the existing
and future public right of way for New Garden Road. Likewise, roadway expansion will require
fill placement in the existing, degraded stream channel adjacent to the road. Other stream
Updated 11/1/2005
Page 10 of 14
' impacts result from the need and desirability to relocate and re-route the stream to improve
stability, form and function. The water line is to be relocated around the new culvert
installation crossing under the stream at the northern end of the new culvert.
Other potential culvert options such as standard circular or arch pipes or box culverts would have
' greater impact upon the stream and riparian environment.
The City proposes erosion and sediment control measures during construction in accordance with
' State DENR requirements to help minimize impacts during the construction phase. Impacts to
the stream will be minimized by approved installation of the 3-sided, bottomless, arch culvert
system The stream restoration proposed as mitigation for the impacts from the culvert will also
' be performed in accordance with approved erosion and sediment control measures. A permanent
conservation easement will be placed upon the restored sections of stream and stream buffer
upstream of the proposed New Garden Road culvert.
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.
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://b2o.enr.state.nc.us/ncwetlands/strmgide.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
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Updated 11/1/2005
Page 11 of 14
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.

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The City proposes to relocate and restore the degraded stream sections immediately above
the proposed new culvert crossing for New Garden Road. Please see attached plans for
proposed stream relocation and restoration to serve as mitigation for impacts from the New
Garden Roadway and Culvert system. The City will also place a permanent conservation
easement over the relocated and restored stream area to include a minimum 100-ft buffer
from the top of the stream banks. The Corps of Engineers has approved the on-site stream
relocation and restoration in concept per earlier coordination meetings and telephone
discussions.
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:
(Note from Applicant: Payment into the NCEEP is proposed by the City of
Greensboro only if the on-site stream relocation and restoration project cannot be
fully approved and/or completed to satisfy mitigation requirements. A copy of the
approval letter from NCEEP to the City of Greensboro is attached herein.)
Amount of stream mitigation requested (linear feet): Up to 220 linear feet requested,
only if required
Amount of buffer mitigation requested (square feet): n/a
Amount of Riparian wetland mitigation requested (acres): n/a
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres): n/a
n/a
IX. Environmental Documentation (required by DWQ)
I. 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 ?
I
Updated 11/1/2005
Page 12 of 14
1 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
(Neuse), 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. (N/A)
Zone* Impact Multiplier Required
(square feet) Mitigation
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
additional 20 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. N/A - however the proposed stream
restoration will include a stream buffer that will be protected within a permanent
conservation easement.
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. N/A - public roadway project, not a site
development.
XII. Sewage Disposal (required by DWQ)
Updated 11/1/2005
Page 13 of 14
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 an after-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:
' The New Garden Road project involves widening an existing public thoroughfare and improving
the culvert system, not a new roadway which may contribute significantly to new areas of
additional development.
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).
1 .. . . n / \ A , t
C
A p icant/Agent's Signature DIte
(Agent's signature is valid only if an authorization letter from the applicant is provided.)

Updated 11/1/2005
Page 14 of 14
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NOTE:
CONTRACTOR SHALL TAKE GREAT CARE TO ENSURE THAT
THE EXISTING STREAM BANKS REMAIN UNDISTURBED THROUGHOUT
THE CONSTRUCTION PERIOD (EXCEPT WHERE INSTRUCTED ON THE PLANS).
COMPACTED BACKFILL . r.
PER CULVERT SUPPLIER'S _
SPECIFICATIONS (TYP )
III ',-(I /?I/
I-1 T I
.'. .. (1 I. TEMP
III III-III / SILT
DITCH
11? Ill 0 0 I l l q tr 'I
II ? 11=1i', °??' III III L1=
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??,; ?? III 1 1111 ? 1-1 I _
(? ? I I III III=I
4B'WIDE X 11'HICH (INTERIOR DIMENSIONS) PRE-CAST
CONCRETE THREE-SIDED CULVERT STRUCTURE
(MINIMUM INTERIOR AREA - 435 S0. FT.)
1 .
11 I.. I ? I
?I I I
I .I i I I
r
` I
TEMPORARY SILT FENCE (TYP.) CIO TEMPORARY SILT FENCE (TYP.) ?I K ?)
TOP OF STREAM BANK (TYP.) " ' III-
(EL. VARIES) TEMP
EXISTNG STREAM BANKS TO
REMAIN UN DISTURBED
THROUGHOUT CONSTRUCTION
- FLOW LINE
-? T -III =1 II aESNAa?l III-1
III 11 11_ b?1 (I =-1 I, ,III-1 I_I
, =III=?11 I I Ii I I? III-
Ili-
SCALE. NONE
SILT C y)S-1 RIPRAP
DITCH _ 'L OM TOP OF CONCRETE FOOTING
fl STREAM BANK (TYP.)
TrT III I' 11 r ?1-1 o ° I_-
T?, T ?- I I 11_ I I I-III III I I ?' ? I I I I I_I l i
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1 1 1 I' ,III III M?CROPILE (TYP.)REINFORCED CONCRETE FOOTING (TYP.)
(SIZE AND CONFIGURATION (SIZE AND CONFIGURATION
TO BE DETERMINED BY TO BE DETERMINED BY CULVERT SUPPLIER)
CULVERT SUPPLIER)
48-WIDE X 11 HIGH (INTERIOR DIMENSIONS) PRE-CAST
CONCRETE THREE-SIDED CULVERT STRUCTURE
(MINIMUM INTERIOR AREA = 435 SO. FT.)
L' I . I
t ? i L
L I <I
COMPACTED BACKFILL
PER CULVERT SUPPLIER'S i I
SPECIFICATIONS
)- - -III IL G10 TEMPORARY SILT FENCE (TYP.) i C < _I 1 11 l I 1 I-1 1 1-
I I < Q TEMPORARY SILT FENCE (TYP.) TOP OF STREAM BANK (TYP.) TEMP III-
- -I I (EL. VARIES) SILT
_ I' III DHCH L? I
L TEMP EXISIINC STREAM BANKS TO `T ?- { f T---TT -?-- l ---2T C S 1 RIPRAP
REMAIN < _ _- I I III ` _--11 (, ` . L OD TOP OF CONCRETE FOOTING
DITCH THROUGHOUT CONSTRUCTION (?; < F ADJACENT STREAM SANK (TIP)
LEGEND
-, TVI I; III- III-i a ° C e 1
-1 1 1 11T? T, r, I T77
II 11 11=j'I < ' o f-I' ITT,-1 I_. III L_I iJ_?1? FLOW LINE ,? 11. III L-I _I 111 = I_ ° • I _-III- 0 0 O 'd s v _?
___ ?I. ......... -? (ELEV. 764-30 ?0?0Q0RPRAP
i? ?i?l I ? _I I I III I I I 1 I I I-III I? 1_I
-1 1=111_i 1-? 11 111 1 1 i1?f If I 1117=117
I=1=1-I -1 Ill I I- III .III-? III
I
D
?.?a dE ? ?6????) I ( III= (-)-1 II I'I Ii ?jM? I REINFORCED CONCRETE
LI L DIKE 1ON5,Y ?S 1- I-III L.. .
1 A
L. (-G EARTH III - TO REMAIN (TYP.I ( -III 1Y EARTH
I? I' - 1 1-I 1 I- I_I 1-I 11-I I_
_ ? ? III FI I I:
ww DOWN STREAM CULVERT FOOTING PREPARATION - -=III- MICROPILE (TYP.) ww
(SIZE AND CONFIGURATION REINFORCED CONCRETE FOOTING (TYP.)
AND INTERIOR RIPRAP PROTECTION DETAIL TD BE DETERMINED BY (SIZE AND CONFIGURATION
SCALE: NONE CULVERT SUPPLIER) TO BE DETERMINED BY CULVERT SUPPLIER)
PRE-CAST THREE-SIDED CULVERT CONSTRUCTION DETAILS
wCOLPERT. INC. CITY OF GREENSBORO
8771 Red Dok BaWe-d EWELL ENGINEERING DMSION EXHIBIT
Chile mI NEW GARDEN ROAD
Charlotte, NC 26217-3958 ENC3IN6ERIN(3 CONSULTANT6,P0 3TRUMMEREPIACEMEW 5
704.525.6284 - - BOX 22.1 O111 see-11;e4
RUgPSBT FAX [phone] ? : cl>el we-? 0 8TAMON 16+28 NEW GARDEN ROAD
M07E3
THE CONTRACTOR SWILL INSTALL ALL TEMPORARY EROSION CONTROL OWES WITHIN THE PROJECT AREA
BOUOARY AS INDICATED ON THIS SIPET PRIG! TO CO IADICING EARTRMOIC
1. DEMOLITION SHALL NCIIDE THE REMOVAL FROM THE 97E OF ALL TREES (OWT M09E SPECIFIED
N NOTES 4 AND S S1UIP3, BRI191, VEGETATION. 1RA511, OBAIS, WASTE CONCRETE AND
MASONRY, WASTE STOE, ASIE PFNq MO MY 071ER UNSUITABLE MATERIAL FROM WITHIN THE
PROJECT AREA BOUNDARY AND CLEARING UNITS, UN-05 INDICATED OTHERWISE ON THESE RAINS OR
DIRECTED BY THE ENGINEER. THE CONTRACTOR SHALL TAKE TREAT CARE 70 NOT OISRNB THE
ENSTNB STREAM, DICEPT WERE MATED FOR THE COFFERDAM. TEMPORARY ROCK SILT SOEEII•
AND THE TEMPORARY STEAM CROSSING.
2 THE CONTRACTOR 94ALL MAINTAIN A MINORM 15 FT UNDISTURBED BUFFER BETWEEN MMAL
CLEARING AND TOP OF STREAM BANK. THE CONTRACTOR SHALL NOT KEMOW THE BUFFER UNTIL
CONSTRUCTION OF THE PROPOSED CULVERT FOUNDATION BEGINS. IDWT WHERE INDICATED FOR THE
COFFERDAM, TEMPORARY ROCK SILT SCREEN. TEMPORARY STONE OUTLETS I AND G• AND THE
TEMPORARY STREAM CR059NIL
S TREES ALONG lIE SHEAR AND 'MBAR PORTIONS OF THE CONSTRUCTION UNITS THAT 00 NOT
CONFLICT WITH CONSTRUCTION OF THE PROPOSED CULVERT SHALL REMAIN AND BE PROTECTED FROM
DAMAGE, UNLESS OTHERWISE DIRECFED BY THE EMOINEI L
4. DEMOLITION SHALL INCLUDE THE REMOVAL OF ALL DEBRIS AT ALL DRAINAGE DEICES THE REMOVAL
Or DEBRIS SHALL BE MANITANED BY THE CONTRACTOR TO ALLOW CONSTANT DRAINING OF THE
DEICES DURING CONSTRUCTION.
S THE CONTRACTOR 94ALL BE RE94PORE FOR THE ACCOMMODATION AND MAN70ANM OF BASE
AND SEAM FLOWS N ALL AREAS OF THE PROJECT SITE THROUGHOUT THE CONSTRICTION PERIOD.
E DE-WA7ERM OF STRICTURES WITH SEDIMENT-LADEN WA71M DIRECTLY 70 STREAMS B PROHIBITED.
THE CONTRACTOR STALL TANS APPROPRIATE ACTION TO ENSUE THAT SOH PROIBI ED ACIIMTES
DO NOT OCCIIL
7. ALL STREAM BARK DISTURBANCE MORN SHALL BE CONDUCTED N A DRY CHANNEL THE
CONTRACTOR SMALL TAKE APPROPRIATE ACTION TO ENSURE THAT SUCH REQUNIEEMTS ARE
SATISFIED.
L THE CONTRACTOR STALL USE PUPS CAPABLE OF CARRYING BASE FLOW OF THE STREAM. P
PUMPS ON THE JOB SITE CABOT KEEP U' WISH BASE FLOW, CONTRACTOR SNAIL STOP MORI( AND
OBTAIN RAPS CAPABLE OF HAlOU10 THE FLOW.
STREAM INFORMATION
DENTPTCABON LEND TOTAL IMPACT
MAN STREAM (SO17H TRIG)
DOSING STREAM IMPACTS 154 (SEE LEGEW)
PROPOSED STREW RELOCATED 154
PROPOSED STREAM ENHANCEMENT 155
CULVERT 100
TOTAL (MAN STREAM/) JOG 254
TRIBUTARY (NORTH)
STREW IMPACTS 136 (SEE LEGEND)
STREAM RELOCATED 207
TOTAL (NORTH TSB) 207 135
TOTAL (PROJECT IMPACTS) 422
LEGEND
STREAM IMPACTS
1-_I L? U i-1 L NORTH TRIBUTARY
STREAM
NSOUTH (1 ) TRIBUTARY
NEW STREAM
(TOP OF BANK UNITS)
EASING STREAM
(TOT OF RAIN LIMITS)
\I111_. --_ t \ -\- - ------ - - - - - - -
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4, / 5 - `` - -
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RIFFLE POOL:
OF PROPOS
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ROSS REACH f Doh. CONSERVATION
1 '1 VANES M'k ;;?t EASEMENT
RELOCATE
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NORTH ---- - STREAMS E TABLE)"-.
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( s m k ?`I ? ?t t l OrEAM (SEE TABU) S C)
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BOUNDARY,` ?? i1 \ rs ???RI rwoso?E MALI (SOl)H)
OF PROPO$EDHI I ? *s-'T )I I' i TRIOUTARY\ X11
CONSERVATION ?- GRADE
EASEMENT CONTROL
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PROPOSED STREAM RELOCATION/RESTORATION PRELIMINARY DRAWING
NOT FOR CONSTRUCTION
O JOB 10. P03741-01 CITY OF GREENSBORO llcll
SWELL DESIGNED 04-1x-06 BY JTG ENGINEERING DIVISION
REHSED 01-30-07 BY BAF STREAM RESTORATION PLANS
ENOINIEEERINO CONBULTANT9,PC CHECKED 01-70-07 BY CAE HORSEPEN CREEK TRIBUTARY #2 EXHIBIT 6
Pmt OFTM ex 224 (3O mot. AT NEW GARDEN ROAD CULVERT
Ilk NORTH fNxM1277! n1e (vN M491A SCALE: AS NOTED
0D
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TYPICAL MAIN CHANNEL SECTION (SOUTH TRIB)
(VIEW DOWN STREAM)
NEW GARDEN
ROAD IMPROVEMENTS (BY OTHERS)
SLOPE VARIES
FROM 2:1 TO 3:1
CHANNEL CONSTRUCTION
EXIST. 1
PAVED FLOOD PRONE AREA
ROAD VARIES 10'-40'
TOE OF 3:1
\ FILL SLOPE
EXISTING GROUNN, - 7777
;
1
2:
EXISTING CHANNEL
TO BE FILLED
BANKFULL WIDTH
24.0'
NOT TO SCALE
NOT TO SCALE
PRELIMINARY DRAWING
NOT FOR CONSTRUCTION
JOB NO. P03741-01 CITY OF GREENSBORO licit
PROPOSED STREAM RELOCATION/RESTORATION TYPICAL SECTIONS SWELL DESIGNED 01-30-07 BY BAF ENGINEERING DIVISION
By STREAM RESTORATION PLANS
ENGINEEFV;=C0N8LA.TANTBPC CHECKED 01-30-07 ayCDJ HORSEPEN CREEK TRIBUTARY #2 EXHIBIT8
PW aO:1 NN 204 (3"w&-a» AT NEW GARDEN ROAD CULVERT
99W4M9UC Nam CAMM 27M FAX 1,70 096-OM SCALE: 1' - 20 FT
0
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GRAPHIC SCALE
*` - 201' 1 f i r`1 l 1 100 50 0 100 \ .. \ \ h
IN FEET )
r
1 ? ! tr/llr? t
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1 inch - 100 ft.
TYPICAL CHANNEL SECTION (NORTH TRIB)
(VIEW DOWN STREAM)
NEW GARDEN
SLOPE VARIES ROAD IMPROVEMENTS
MITS CHANNEL CONSTRUCTION LIMITS FROM 2:1 TO 3.1
(BY OTHERS)
BANKFULL WIDTH EXIST.
FLOOD PRONE AREA FLOOD PRONE AREA FLOOD PRONE ARE A PAVED
VARIES 10'-30 VARIES 10'-40 13.0' VARIES 10'-30 ROAD
3:1 3'1 EXISTING GROUND
3:1
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FILL SLOPE/
2:7 EXISTING GROUND 2:1 /2:1 - - - - - '?
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THALWEG MAIN CHANNEL PROFILE (SOUTH TRIB) THALWEG CHANNEL PROFILE (NORTH TRIB)
RIFFLE POOL RIFFLE POOL RIFFLE POOL POOL RIFFLE POOL RIFFLE
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RIFFLE AND 0 0 O POOL AND RIFFLE AND 0 4- -1 H POOL ETWEEN AND p00L WIDTH
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POOL WIDTH d d RIFFLE WIDTH Z Q POOL WIDTH 0
w m d NORTH TRIBUTARY 6; RIFFLE WIDTH
w MAIN (SOUTH) TRIBUTARY PRELIMINARY DRAWING
re NOT TO SCALE NOT TO SCALE NOT FOR CONSTRUCTION
JOB NO. P09741-01 CITY OF GREENSBORO 11 11
PROPOSED STREAM RELOCATION/RESTORATION THALWEG DETAILS EWEL.L DESIGNED 01-30-07 BY Off ENGINEERING DIVISION
BY STREAM RESTORATION PLANS
-gMffjigff EN0I`4EEF= CC W48LJLTANTEXPC CHECKED 01-30-07 BY CDJ HORSEPEN CREEK TRIBUTARY #2 EXHIBIT 9
?BBIr>• N. SCALE: AS NOTED AT NEW GARDEN ROAD CULVERT
MEMORANDUM
TO: To Whom It May Concern @
US Army Corps of Engineers
NC Division of Water Quality
FROM: Donald Arant, PE
City of Greensboro Engineering & Inspections Department
RE: Requested Revisions to Corps of Engineers Model Conservation Easement
New Garden Stream Relocation & Restoration Project
City of Greensboro, NC
DATE: 17 April 06
The City of Greensboro proposes to utilize the Corps of Engineers' model conservation easement
with several minor revisions for the above reference stream relocation & restoration project. The
revisions required center on the City's need to maintain and improve existing public utilities
within the easement. Specifically, with reference to the attached draft conservation easement:
Article II, Section B - add sentence to model - However, public utility poles, public water
utility lines, and public sanitary sewer utility lines shall be allowed.
Article II, Section J - add sentence to model - Maintenance of existing public utilities is
excepted from this prohibition.
Article II, Section L- add sentence to model - Maintenance vehicles for public utility
maintenance shall be allowed.
Article III - add to model paragraph- maintaining and improving public utilities
The proposed conservation easement is attached with requested revisions noted in bold.
The proposed conservation easement is in support of the stream relocation and restoration that is
proposed as site specific mitigation for stream impacts from the New Garden Roadway and
Culvert improvement project.
CONSERVATION EASEMENT FOR STREAM RESTORATION
ASSOCIATED WITH NEW GARDEN ROADWAY & CULVERT PROJECT - 2007
PERMANENT CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT ("Conservation Easement") made this day of
,2007 by and between City of Greensboro Engineering & Inspections Department ("Grantor")
and City of Greensboro Parks & Recreation Department (Grantee).
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors and
assigns, and shall include singular, plural, masculine, feminine or neuter as required by context.
RECITALS
WHEREAS, Grantor owns in fee simple certain real property situated, lying and being in
Guilford County, North Carolina, more particularly described in Exhibit A attached hereto and
incorporated herein ("Property");
WHEREAS, Grantee is a public body of this state and is qualified to be the Grantee of a
conservation easement pursuant to N.C. Gen. Stat. § 121-35;
WHEREAS, Grantor and Grantee recognize the conservation, scenic, natural, or aesthetic value
' of the property in its natural state, which includes the following natural communities: perennial stream
and the associated riparian habitat and stream corridor. The purpose of this Conservation Easement is to
maintain the stream and associated riparian resources and other natural values of the Property, and
' prevent the use or development of the Property for any purpose or in any manner that would conflict with
the maintenance of the Property in its natural condition.
' WHEREAS, the preservation of the Property is a condition of Department of the Army permit
Action ID (ID # TBD by Corps) issued by the Wilmington District Corps of Engineers, required to
mitigate for unavoidable stream impacts authorized by that permit. Grantor and Grantee agree that third-
party rights of enforcement shall be held by the U.S. Army Corps of Engineers, Wilmington District
(Corps, to include any successor agencies), and that these rights are in addition to, and do not limit, the
rights of enforcement under said permit.
NOW, THEREFORE, for and in consideration of the covenants and representations contained
herein and for other good and valuable consideration, the receipt and legal sufficiency of which is hereby
acknowledged, Grantor hereby unconditionally and irrevocably grants and conveys unto Grantee, its
heirs, successors and assigns, forever and in perpetuity a Conservation Easement of the nature and
character and to the extent hereinafter set forth, over the Property described on Exhibit A, together with
the right to preserve and protect the conservation values thereof, as follows:
ARTICLE I.
DURATION OF EASEMENT
This Conservation Easement shall be perpetual. This Conservation Easement is an easement in
gross, runs with the land and is enforceable by Grantee against Grantor, Grantor's personal
representatives, heirs, successors and assigns, lessees, agents and licensees.
ARTICLE II.
PROHIBITED AND RESTRICTED ACTIVITIES

0

Any activity on, or use of, the Property inconsistent with the purpose of this Conservation
Easement is prohibited. The Property shall be preserved in its natural condition and restricted from any
development that would impair or interfere with the conservation values of the Property.
Without limiting the generality of the foregoing, the following activities and uses are expressly
prohibited, restricted or reserved as indicated hereunder:
A. Disturbance of Natural Features. Any change disturbance, alteration or impairment of the
natural features of the Property or any introduction of non-native plants and/or animal species is
prohibited.
B. Construction. There shall be no constructing or placing of any building, mobile home, asphalt
or concrete pavement, billboard or other advertising display, antenna, tower, conduit, line, pier, landing,
dock or any other temporary or permanent structure or facility on or above the Property. However,
public utility poles, public water utility lines, and public sanitary sewer utility lines shall be allowed.
C. Industrial. Commercial and Residential Use. Industrial, residential and/or commercial
activities, including any right of passage for such purposes are prohibited.
D. Agricultural. Grazing and Horticultural Use Agricultural, grazing, animal husbandry, and
horticultural use of the Property are prohibited.
E. Vegetation. There shall be no removal, burning, destruction, harming, cutting or mowing of
trees, shrubs, or other vegetation on the Property .
F Roads and Trails. There shall be no construction of roads, trails or walkways on the property;
nor enlargement or modification to existing roads, trails or walkways.
G. Signage.No signs shall be permitted on or over the Property, except the posting of no
trespassing signs, signs identifying the conservation values of the Property, signs giving directions or
proscribing rules and regulations for the use of the Property and/or signs identifying the Grantor as owner
of the property.
' H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste, abandoned
vehicles, appliances, machinery or hazardous substances, or toxic or hazardous waste, or any placement
of underground or above ground storage tanks or other materials on the Property is prohibited.
' I. Excavation. Dredging or Mineral Use. There shall be no grading, filling, excavation, dredging,
mining or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals or other materials, and no
' change in the topography of the land in any manner on the Property, except to restore natural topography
or drainage patterns.
' J Mater Quality and Drainage Pattern. There shall be no diking, draining, dredging, channeling,
filling, leveling, pumping, impounding or related activities, or altering or tampering with water control
structures or devices, or disruption or alteration of the restored, enhanced, or created drainage patterns. In
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addition, diverting or causing or permitting the diversion of surface or underground water into, within or
out of the easement area by any means, removal of wetlands, polluting or discharging into waters, springs,
seeps, or wetlands, or use of pesticide or biocides is prohibited. Maintenance of existing public utilities
is excepted from this prohibition.
K. Development Rights. No development rights that have been encumbered or extinguished by
this Conservation Easement shall be transferred pursuant to a transferable development rights scheme or
cluster development arrangement or otherwise.
L. Vehicles. The operation of mechanized vehicles, including, but not limited to, motorcycles,
' dirt bikes, all-terrain vehicles, cars and trucks is prohibited. Maintenance vehicles for public utility
maintenance shall be allowed.
' M. Other Prohibitions. Any other use of, or activity on, the Property which is or may become
inconsistent with the purposes of this grant, the preservation of the Property substantially in its natural
condition, or the protection of its environmental systems, is prohibited.
' ARTICLE III.
' GRANTOR'S RESEVERED RIGHTS
The Grantor expressly reserves for himself, his personal representatives, heirs, successors or
assigns, the right to continue the use of the property for all purposes not inconsistent with this
Conservation Easement, including, but not limited to, the right to quiet enjoyment of the Property,
maintaining and improving public utilities, the rights of ingress and egress, the right to hunt, fish, and
' hike on the Property, the right to sell, transfer, gift or otherwise convey the Property, in whole or in part,
provided such sale, transfer or gift conveyance is subject to the terms of, and shall specifically reference,
this Conservation Easement.
' Notwithstanding the foregoing Restrictions, Grantor reserves for Grantor, its successors and
assigns, the right to construct stream and/or wetland mitigation on the Property, in accordance with the
' stream relocation and restoration plan titled "Stream Relocation and Restoration for New Garden
Roadway and Culvert Project" dated April 2006 and Corps Action ID
' ARTICLE IV.
GRANTEE'S RIGHTS
' The Grantee or its authorized representatives, successors and assigns, and the Corps, shall have
the right to enter the Property at all reasonable times for the purpose of inspecting said property to
' determine if the Grantor, or his personal representatives, heirs, successors, or assigns, is complying with
the terms, conditions, restrictions, and purposes of this Conservation Easement. The Grantee shall also
have the right to enter and go upon the Property for purposes of making scientific or educational
' observations and studies, and taking samples. The easement rights granted herein do not include public
access rights.
' ARTICLE V.
ENFORCEMENT AND REMEDIES
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A. To accomplish the purposes of this Easement, Grantee is allowed to prevent any activity on or
' use of the Property that is inconsistent with the purposes of this Easement and to require the restoration of
such areas or features of the Property that may be damaged by such activity or use. Upon any breach of
the terms of this Conservation Easement by Grantor that comes to the attention of the Grantee, the
' Grantee shall notify the Grantor in writing of such breach. The Grantor shall have 30 days after receipt of
such notice to correct the conditions constituting such breach. If the breach remains uncured after 30 days,
the Grantee may enforce this Conservation Easement by appropriate legal proceedings including
' damages, injunctive and other relief. Notwithstanding the foregoing, the Grantee reserves the immediate
right, without notice, to obtain a temporary restraining order, injunctive or other appropriate relief if the
breach of the term of this Conservation Easement is or would irreversibly or otherwise materially impair
' the benefits to be derived from this Conservation Easement. The Grantor and Grantee acknowledge that
under such circumstances damage to the Grantee would be irreparable and remedies at law will be
inadequate. The rights and remedies of the Grantee provided hereunder shall be in addition to, and not in
' lieu of, all other rights and remedies available to Grantee in connection with this Conservation Easement.
The costs of a breach, correction or restoration, including the Grantee's expenses, court costs, and
attorneys' fees, shall be paid by Grantor, provided Grantor is determined to be responsible for the breach.
The Corps shall have the same right to enforce the terms and conditions of this easement as the Grantee.
B. No failure on the part of the Grantee to enforce any covenant or provision hereof shall
' discharge or invalidate such covenant or any other covenant, condition, or provision hereof or affect the
right to Grantee to enforce the same in the event of a subsequent breach or default.
' C. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring
any action against Grantor for any injury or change in the Property resulting from causes beyond the
Grantor's control, including, without limitation, fire, flood, storm, war, acts of God or third parties, except
' Grantor's lessees or invitees; or from any prudent action taken in good faith by Grantor under emergency
conditions to prevent, abate, or mitigate significant injury to life, damage to property or harm to the
Property resulting from such causes.
' ARTICLE VI.
MISCELLANEOUS
A. Warranty. Grantor warrants, covenants and represents that it owns the Property in fee simple,
' and that Grantor either owns all interests in the Property which may be impaired by the granting of this
Conservation Easement or that there are no outstanding mortgages, tax liens, encumbrances, or other
interests in the Property which have not been expressly subordinated to this Conservation Easement.
Grantor further warrants that Grantee shall have the use of and enjoy all the benefits derived from and
arising out of this Conservation Easement, and that Grantor will warrant and defend title to the Property
against the claims of all persons.
' B. Subsequent Transfers. The Grantor agrees to incorporate the terms of this Conservation
Easement in any deed or other legal instrument that transfers any interest in all or a portion of the
' Property The Grantor agrees to provide written notice of such transfer at least thirty (30) days prior to the
date of the transfer. The Grantor and Grantee agree that the terms of this Conservation Easement shall
survive any merger of the fee and easement interests in the Property or any portion thereof and shall not
' be amended, modified or terminated without the prior written consent and approval of the Corps.

C. Assignment. The parties recognize and agree that the benefits of this Conservation Easement
are in gross and assignable provided, however that the Grantee hereby covenants and agrees, that in the
event it transfers or assigns this Conservation Easement, the organization receiving the interest will be a
qualified holder under N C. Gen. Stat. § 121-34 et seq. and § 1 70(h) of the Internal Revenue Code, and
the Grantee further covenants and agrees that the terms of the transfer or assignment will be such that the
transferee or assignee will be required to continue in perpetuity the conservation purposes described in
this document.
D. Entire Agreement and Severability. This instrument sets forth the entire agreement of the
parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations,
understandings or agreements relating to the Conservation Easement. If any provision is found to be void
or unenforceable by a court of competent jurisdiction, the remainder shall continue in full force and
effect.
E. Obligations of Ownership. Grantor is responsible for any real estate taxes, assessments, fees,
or charges levied upon the Property Grantor shall keep the Property free of any liens or other
encumbrances for obligations incurred by Grantor. Grantee shall not be responsible for any costs or
liability of any kind related to the ownership, operation, insurance, upkeep, or maintenance of the
Property , except as expressly provided herein. Nothing herein shall relieve the Grantor of the obligation
to comply with federal, state or local laws, regulations and permits that may apply to the exercise of the
Reserved Rights.
' F Extinguishment. In the event that changed conditions render impossible the continued use of
the Property for the conservation purposes, this Conservation Easement may only be extinguished, in
whole or in part, by judicial proceeding.
' G. Eminent Domain. Whenever all or part of the Property is taken in the exercise of eminent
domain so as to substantially abrogate the Restrictions imposed by this Conservation Easement, Grantor
' and Grantee shall join in appropriate actions at the time of such taking to recover the full value of the
taking, and all incidental and direct damages due to the taking.
' H. Proceeds. This Conservation Easement constitutes a real property interest immediately vested
in Grantee. In the event that all or a portion of this Property is sold, exchanged, or involuntarily converted
following an extinguishment or the exercise of eminent domain, Grantee shall be entitled to the fair
' market value of this Conservation Easement. The parties stipulate that the fair market value of this
Conservation Easement shall be determined by multiplying the fair market value of the Property
unencumbered by this Conservation Easement (minus any increase in value after the date of this grant
attributable to improvements) by the ratio of the value of this easement at the time of this grant to the
value of the Property (without deduction for the value of this Conservation Easement) at the time of this
grant. The values at the time of this grant shall be the values used, or which would have been used, to
' calculate a deduction for federal income tax purposes, pursuant to Section 170(h) of the Internal Revenue
Code (whether eligible or ineligible for such a deduction). Grantee shall use its share of the proceeds in a
manner consistent with the purposes of this Conservation Easement.
' I. Notification. Any notice, request for approval, or other communication
required under this Conservation Easement shall be sent by registered or certified mail, postage prepaid,
' to the following addresses (or such address as may be hereafter specified by notice pursuant to this
paragraph):
To Grantor
[Name, address and fax number)
C
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To Grantee:
[Name, address and fax number)
To the Corps:
[Name, address and fax number)
J Failure of Grantee. If at any time Grantee is unable or fails to enforce this Conservation
Easement, or if Grantee ceases to be a qualified grantee, and if within a reasonable period of time after the
occurrence of one of these events Grantee fails to make an assignment pursuant to this Conservation
Easement, then the Grantee's interest shall become vested in another qualified grantee in accordance with
an appropriate proceeding in a court of competent jurisdiction.
K. Amendment. This Conservation Easement may be amended, but only in a writing signed by all
parties hereto, and provided such amendment does not affect the qualification of this Conservation
Easement or the status of the Grantee under any applicable laws, and is consistent with the conservation
purposes of this grant.
L. Present Condition of the Property The stream, wetlands, scenic, resource, environmental, and
other natural characteristics of the Property , and its current use and state of improvement, are described
in Section , Appendix B of the Mitigation Plan, dated s prepared by Grantor and acknowledged
by the Grantor and Grantee to be complete and accurate as of the date hereof. Both Grantor and Grantee
have copies of this report. It will be used by the parties to assure that any future changes in the use of the
Property will be consistent with the terms of this Conservation Easement. However, this report is not
intended to preclude the use of other evidence to establish the present condition of the Property if there is
a controversy over its use.
TO HAVE AND TO HOLD the said rights and easements perpetually unto Grantee for the aforesaid
purposes.
IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, the day and year first
above written.
[signatures of the Grantor and Grantee in appropriate form]
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