20060684 Ver 1_401 Application_20060421

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Application
PRE-C('t?STRUCTION,.,NOTIFLCATIaN; ?
(CWA$ections"401 & 404)
Project:
PR0P0SEb1'NEW GARDEN,,ROA ' ROADWAY
11 wt4' I- -
tMPROEMENTSSEQUIRING:CULVERT'J
,REPLACE
:-AE .1 ANDS,-TREAM
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Applicant,
City of, Greet ns-1
F :m Engineering Divis
PostOffice Box 3'
Greensboro NC 27
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Preparers
EWELL
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ENGINEERING CONSULTANTS, RC \-,Y
Post Office Box 2294 pE S MWA1v'bR0 1
Kernersville, North Carolina 27285-2294 *ILW
336-996-9974
JEC Project No. 01-005-006
' 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
New Garden Road - Roadway Improvements (Proposed)
City of Greensboro, North Carolina - Guilford County
JEC Project No. 01-005-006
To Whom It May Concern:
This submittal is an application for a Pre-Construction Notification (PCN) for stream impacts from the
proposed roadway improvements which will include a replacement culvert over FEMA Tributary #2,
Horsepen Creek, and stream relocation/restoration upstream of the proposed culvert. All construction
associated with the project will be contained on right-of-way and/or property owned by the City of
Greensboro. Please find enclosed the following information and data for this project:
1. PCN Application forms (pp. 5-14)
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 - Proposed Culvert Layout Plan
6. Exhibit #5 - Proposed Culvert Construction Details
7. Exhibit #6 - Proposed Stream Relocation/Restoration Plan
8. Exhibit #7 - Proposed Stream Relocation/Restoration Details
9. Conservation Easement Document
10. Check for $475 made out to the NC Division of Water Quality (contained in the original package
sent to NC Division of Water Quality, only (1 of 7))
If you have any questions or need additional information, please feel free to contact me at 336-996-9974.
Sincerely yours,
JEWELL Engineering Consultants, PC
C 6; 4? q_(?
C. Douglas Jewell, PE
President
APR 2 11006
Enclosures ?ENN? Sp i? ?HpNCH
C: Donald H. Arant, PE, Acting City Engineer, City of Greensboro (w/ enclosures)
Post Office Box 2294, Kernersville, NC 27285-2294 ¦ 311 South Main Street, Suite A, Kernersville, NC 27284
[phone] ¦ Fax [phone] ¦ www.jewellengr.com
Office Use Only: Form Version March 05
_ 0??
USACE Action ID No. DWQ No.
(It any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1 I. Processing
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Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested:_ NWP 14, NWP 27
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ® (Note from Applicant: Payment into the NCEEP is proposed by the
City of Greensboro only if the on-site stream restoration cannot be approved and/or
completed to satisfy mitigation requirements.)
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal
M-1411 __J E, ment Area of
Environmental Concern (see the top of page 2 for further details), check @ ` `';
1$?
F'
Applicant Information
APP, 2 :'1 ?UU6
Owner/Applicant Information vvE? DENN - WATER QUALITY'
bApo STOl M1yA?qj
s
Name: Donald Arant, P.E., Acting Cit?Engineer City of Greensboro
Mailing Address: Citv of Greensboro Engineering Division
P.O. Box 3136
Greensboro, North Carolina 27402-3136
Telephone Number: 336-373-2465 Fax Number: 336-373-2338
E-mail Address: donald.arant(-,greensboro-nc.gov
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: djewelI tLejewellenpr.com OR sbryant?,'ewellengr.com
Updated 11/1/2005
1 Page 5 of 14
1 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 Roadway Improvements Project
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 Bryan
Boulevard. See the vicinity mqp (Exhibit #1) attached. Stream of interest is an unnamed
tributary to Horsepen Creek (FEMA designated Horsepen Creek Tributary #2).
' 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 is 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: Horse en 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.ne.us/admin/m4ps/.)
' 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 posed 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 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
including sidewalks on each side of the roadway. The proposed 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
gpproved 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
' 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,
' 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
Updated 11/1/2005
' Page 7 of 14
' 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 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 Watersheds 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 160 linear feet
of stream upstream of the culvert. The stream relocation will impact an additional 90 linear
' feet of stream. These impacts are summarized in the table under #4 below.
' 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 floodin¢

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Wetland Impact
Site Number

(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,

herbaceous, bog, etc.) Located within
100-year
Floodplain
(yes pla Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
N/A

Total Wetland Impact (acres) N/A to the best knowledge of applicant/agent
Updated 11/1/2005
Page 8 of 14
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 or Average Impact Area of
Number Stream Name Type of Impact Intermittent? Stream Width Length Impact
(indicate on ma) Before Impact (linear feet) (acres)
Proposed larger

1 FIRM Tributary #2 and longer culvert Perennial -25 ft or less 100 if -0.06 ac
to Horsepen Creek for New Garden or less
Road
2 FIRM Tributary #2 Southern tributary, perennial -25 ft or less -85 If -0
05
to Horsepen Creek roadway widening .
3 FIRM Tributary #2 Northern tributary, -25 ft or less

to Horsepen Creek
roadway widening perennial -75 if -0.04

4 FIRM Tributary #2 Southern tributary
Perennial -25 ft or less
?70 if
0
04
to Horsepen Creek stream relocation .

5 FIRM Tributary #2 Northern tributary,
Perennial -25 ft or less
-20 If
0
01
to Horsepen Creek stream relocation .

Total Stream Impact (by length and acreage) to -0.20 ac
UO
' 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. dredi2ing. flooding- drainage- bnikheads_ etc_
CI'?

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)
N/A

Total Open Water Impact (acres) N/A
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): 3501f
Updated 11/1/2005
1 Page 9 of 14
7. Isolated Waters
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VII
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
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:
Impact Justification (Avoidance and Minimization)
Expected pond surface area:
' 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 proposed 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
t 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
impacts result from the need and desirability to relocate and re-route the stream to improve
stability, form, and function.
Other potential culvert options such as standard circular or arch pipes or box culverts would have
' greater impact upon the stream and riparian environment.
Updated 11/1/2005
Page 10 of 14
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://h2o.enr.state.nc.us/ncwetlaiids/sti-nigide.htm1.
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.
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
Updated 11/1/2005
Page 11 of 14

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from the ton of the stream banks. The Corns of Engineers has annroved 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.tis/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): n/a
Amount of Coastal wetland mitigation requested (acres): n/a
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 ?
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
Updated 11/1/2005
' Page 12 of 14
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)
* Impact I Required
Zone "__-___,V__., 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
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.
I
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 ---
Updated 11/1/2005
Page 13 of 14
XIII. Violations (required by DWQ)
I 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
Updated 11/1/2005
Page 14 of 14
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
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1 O AL 00
2,000 1,000 0 2,000 Feet
Exhibit #1
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NOTES:
1. TEMPORARY EROSION CONTROL MEASURES SHALL NOT BE REMOVED UNTIL ADEQUATE
PERMANENT GROUND COVER HAS BEEN ESTABLISHED ON ALL DISTURBED AREAS.
2. UPON COMPLETION OF CLEARING, AND GRUBBING OPERATIONS, THE CONTRACTOR SHALL
NOT PROCEED WITH PLACEMENT OF CONCRETE OR FILL MATERIALS UNTIL THE CITY OF
GREENSBORO INSPECTIONS DEPT. (OR CITYS REPRESENTATIVE) HAS INSPECTED AND
APPROVED THE RESPECTIVE SITE CONDITIONS.
3. UPON COMPLETION OF FINAL GRADING, ALL DISTURBED AREAS OF THE CONSTRUCTION STE
SHALL BE ADEQUATELY STABILREO WITH VEGETATION IN ACCORDANCE WITH THE
CONSTRUCTION SPECIFICATIONS AND THE SPEOFICA11ONS ON THESE ROANS
4. ANY STOCKPILES, ETC, OF NEW MATERIAL, DEBRIS, WASTE OR DELETERIOUS MATERIAL SHALL
BE REMOVED BY THE CONTRACTOR PRIOR TO CONSTRUCTION COMPLETION, UNLESS DIRECTED
OTHERWSE BY THE ENGINEER.
5. ALL FILL SLOPES SHALL BE OVERBUILT AND THEN CUT BACK TO EXPOSE COMPACTED FILL
ON SLOPE FACE
6. THE CONTRACTOR SHALL PLACE COMPACTED FILL TO A MINIMUM HEIGHT OF 3.0 FT
OVER THE TOP OF THE PROPOSED CULVERT PRIOR TO ALLOWNG VEHICULAR
ACCESS ACROSS THE CULVERT.
7. THE CONTRACTOR SHALL MAINTAIN POSITIVE DRAINAGE TO
EROSION CONTROL MEASURES AT ALL TIMES DURING
CONSTRUCTION.
COOiDINATIO1
ENBANKMENT
STORAGE BY
Note
'NEW- TEMP. SILT FENCE AND SLT DITCH SHOW) IN
'EXISTING' TEMP. SILT FENCE AND SILT DITCH SHOWN IN NON-BOLD
PROPOSED 10' CONTOURS (TYP.)
ROPOSED 2' CONTOURS (TYP.)
GRAPEQC SCALE
(01
I bwh - 20 M1
PROPOSED CULVERT LAYOUT PLAN
=731 Rod
a7m INb, NC.
Dak BouMral
Suft Cho 101
ftft. NO 2a2w"w a
7o4A7iaie4
If00?lT FAX 704SnAM
FM OF= OU m4
GPM-" M a
RAldi IMr
EXHIBIT'
4
NOTE
CONTRACTOR SHALL TAKE GREAT CARE TO ENSURE THAT
THE EXISTING STREAM BANKS REMAIN UNDISTURBED THROUGHOUT
THE CONSTRUCTION PERIOD (EXCEPT MOM INSTRUCTED ON THE PLANS).
COMPACTED BACKFTLL
PER CULVERT SUPPLER'S
SPECIFICATIONS (TYPj
III-I I -III • ? ?
l l=1 I1_ I I , •?.
?1 I 1=III=1 I ' ?(.
SILT
II-III-III
DITCH
-III-III-I I ;' o 0
II-III-III ? _
=1111?11?1=1?1=
-ill?lll=11 ,0 00
o
i
1
TEMPORARY SILT FENCE (TYPj G10 TEMPORARY SILT FENCE (TYP.) •'
TOP OF STREAM BANK (TYP.) • y
(EL VARIES)
TEMP ?
SILT !
DITCH r
EXISTING
FIEMAN WlTREA RBEp BANKS TO o 1
1HAOUCHMOUT CONSTRUCTION _ III- =III-_ III- o
ROW UNE -III- I_ -III-III-III- I _ o o -"
- III-III-III-I I.=1 ? I-III-1 I I=1 11=1 III=1 I1=111=1.11=1 11=1 11=1 I I-I 11=1 I I-I 11=1
III III=1 I I-1 I I-1 11=1 11=1 I I-1 I I-1 11=1 I I-1 11=1 I I-1 I I-1 11=1 I i-1 11=1 I I-1 11=111=1 I I-1 I I-1 I I-1 11=JaJ=1 I l l l l
1=1 I I I=1 I-1 I-1 1=1 I I-I 11=1 11=1 I-1-1-1-1-1-1 1=1-1 1=1-1 l=1 1=1-1 I?-I 1=1
1 III=1 IIII=III=III=III=III-III=III=III=III=III=III=III III=III=III-III=III=III-III-
I =1 1=1 11=1 _? =1 11=1 11=1 11=1 I -I 1=111=111=111=111=1 1=1 1 I 1? = I 1=1 1=1 1=1 1=1 1=1 1=1 1=1 1=1
,III=Iii-1 i 1 ? ? , _ _, ?_, , 1_111=1 ? 1=1 I I, ; ,III-1 11=1 11=1 11=1 11=1 11=1 ???'1?1' =1 11=1 11=1 11=1 11=1 11=1 11=1 11='
SCALE: NONE
111-I 11-Ill-1 11-1 I I, ,III,, , I I I=, I i l l l ;IIII, ,III, ,III ,III=1 l I- M!CROPILE'(;YP,
(SIZE AND CONFOURATION
TD BE DETERMNED BY
CULVERT SUPPLER)
WNDE X 1I'HGH (INTERIOR DIENSIONS) PRE-CAST
CONCRETE THREE-SIDED CULVERT STRUCTURE
(MINIMUM INTERIOR AREA - 435 SO FL)
-111 =
RIPRAP
OM 1 TOP OF CONCRETE FOOTING
WADJACENT STREAM BANK (TYP.)
? IIII
ELEV. 76502
REINFORCED CONCRETE FOOTING (TYP.)
(SIZE AND CONFGUATION
TO BE DETERMINED BY CULVERT SUPPLIER)
r7F
4
COMPACTED BACKFILL
PER CULVERT SUPPLIER'S I
SPECIFICATIONS (TYP.)
1 I-I I -I 1 1? TEMPORARY SILT FENCE (TYP.) ?t f
= i-p s I CD f III-I 1 I-I I I-
_ ?O TEMPORARY SILT FENCE (TYPj TOP OF STREAM BANK (TV.) • •T( III I I I 7EMP
-III-III-I ' , ' E (EL. VARIES) SILT ' ? I I=1 ? I=1 11=
DITCH
-III-III
TEMP EXISTING STREAM BANKS TO • ?? _ T RPRAP
OF
1=1 I -1 SILT REMAIN UNDISTURBED
-1 -1 -1 _ -1 -1 0 ° °" TOP CONCRETE `(TV.) LEGEND
DITCH THROUGHOUT CONSTRUCTION O O -I AOMCQlT STREW BANK (TM.)
II-III-III o II-111 III-III-111=111=111=111=1 00°': Ill=111=1I
=1 I=1 I -I ° o ° -I I_= -I I_I I- -III FUN LINE -III-I I I_I I-III-III-I I_I -III-I ° o I_I I_I 1=
T O =1 I= I 1=1 11=1 11=1 I =1 I -I I= = -I l= I =1 11=1 1=1 11=1 11=1 11-111= 0' -? Ems,. 7".30 ° o 0 o 0 o RIFRAP
11= 1-111=111=111=111=1 I F111=III III=IIIEl 11=111Ed I I-I I I=111=I I I I=III- =1
Ill 11=III=111=111=111=1I I-III-III-III-III-III=III=III=III=IIFA II=111--III=III=III=III=111 =III
REINFORCED CONCRETE
1=1 I I- ?- ???d??d ?? I I-III-I 11=1 11=1 I I-1 11=1 11=1 11=1 I I-1 11=1 11=1 I I=1 - I I I-1 I I_I
=1 1„I 11- _"'1'I I 1=1 I-III=III-III=1 I1-III-III-III-I 1=?EARTH =III _ _
1= 1- - 1=1 1-III=III=III-III=1 I 1=1 I 1=1 I 1=1 1-I 11 TO REMAIN (TYPj ?- -III=111=111 EARTH
1? 1-III-III -1 I I=1 I I-III-I I ?-I
DOWN STREAM CULVERT FOOTING PREPARATION MICROPRE (TYP,) REINFORCED CONCRETE FOOTING (TYP.)
AND INTERIOR RIPRAP PROTECTION DETAIL ((SIZE AND CONFIGURATION
SCALE NONE M?BTDETERMINED BY (SIZE AND CONFIGURATION
TO BE DETERMINED BY CULVERT SUPPLIER) SUPPLIER) PRE-CAST THREE-SIDED CULVERT CONSTRUCTION DETAILS
TEDDLrut IN6 GIYO?giN0U0
M731 =
10;
Q F? IXH56IT
Oak evir"d Chorloftk NO =17-OM 4T' 00NMJLTANT%P0 PNMEW ROAD
701 E11,40110411impWo mw a"= 111111114 "&-w
?Op1oTFAX70ISI6.BM rIi WMIMn as pp ra4
? 11Mr1 MO1?Ap
4WWDE X 1111GH (INTERIOR DIMENSIONS) PRE-CAST
CONCRETE THREE-SIDED CULVERT STRUCTURE
(MINIMUM INTERIOR AREA . 436 SQ. FT.)
. . Y
.1,( f.l f 1.
NOTES.
L Lµ0 DISTURBANCE MORN FOR THIS
AS MV PROJECT
ON SHALL NOT %Qx UNTIL ALL { ,--
MPORARY I
SEDIMENT PITS AND ASSOCIATED TED TEMPORARY CLFHMARY DIVERSION SOURCES (BY OTHERS UNDER A \ `\ I I / ++-- ?' ; ;
TE -
SEPARATE CONTRACT) ARE ADEOUATELY INSTALLED. II ,- 1
11 / l 1
R. THE CONTRACTOR SHALL NSTALI ALL TEMPORARY EROSION CONTROL DE IC `
$ ES WITHIN TIE PRO.ECT AREA --
BOUNOARY AS INpCAfED W TINS SHEET PPoOR i0 COIYENONI EARTH WINK ALSO , THE CONTRACTOR ---"- !
NALL COQRDINAT[ MTM EVANS ENGINEERING 10 ENSU
DRAINAGE RE MAT dVERSIOx BERMS MAINTAIN POyTIN 1• 1 `` ` `/? I I I I \?\\ ,,,? / i? \ `+``II - `
DRAINAGE AND? R
CONSTRUCTION PECdOREC1CD INTO THE RESPECTIVE TEMPORARY YQYENT mi5 THROUGHOUT THE 3 DEMOLITION SHALL INCLUDE THE REMOVAL FROM TIE SITE Of ALL TREES (EXCEPT THOSE SPECIFIED N
1 \ \ \ \ \ , / , , / /`. ,__ _____ 1 C
INDIES { µE0, 5 BEL WASTE PIP A?"_ __I 11
TUMPS, BRUSH, VEGEIATCN, TRASH, DEBRIS, WASTE CONCRETE AND MASONIRY, 1 \ `\ \ ------- 1
WASTE STON
`
NG, µ0 ANY OTHER UNSUITABLE MATERIAL FROM WITHIN MC PROJECT AREA
ONE, S - - - - " -
BOUNDARY AND CLEARING LAMITS, UNLESS INDICATED OTHERWISE ON THEY Rµ5 OR DIRECTED BY WE
ENQNECR. TIE CONTRACTOR SHALL TAKE GREAT CARE TO NOT DISTURB THE EXISTING STREAM, EXCEPT - ---_++\I '11`1111
WHERE INDICATED FOR THE COFFERDAM, TEMPORARY ROCK SILT SCREEN, AND THE TEMPORARY STREAM
CROSSINO. '
/ I / ` O ,1 \\I 1\I
A. THE CONTRACTOR SHALL MAINTAIN A MINIMUM IS FT UNDISTURBED BUFFER BETWEEN INITIAL CLEARING
1
AND 10P OF STREAM BANK. THE CONTRACTOR SHALL NOT REMOVE THE BUFFER UNTIL CONSTRUCTION O 1 / \ \ \ 1
THE PROPOSED CULVERT FOUNDATION BEANS. EXCEP MARE INDICATED FOR THE COFFERDAM.
v
RY 1 I `\ , i I l ? ` 11 ,1 '
TEMPORARY ARY ROCK 1U SILT SILT SCREEN. TEMPORARY STONE OUTLETS 2. AND AND 2, p THE TEMPORARY STREAM
CROSSING. /•;a?,' 1 \I 11 ,
5. TREES ALONG THE STREAM AND WITHIN PORTIONS OF THE CONSTRUCTION LIMITS THAT DO NOT CONFLICT
MM CONSTRUCTION OF THE PROPOSED CULVERT SHALL REMAIN AND BE PROTECTED FROM DAMAGE,
UNLESS OMRMSE DIRECTED BY THE ENGINEER. \ 1 L-_'' \
6. DEMOLITION SHALL INCLUDE THE REMOVAL OF ALL DEBRIS AT ALL DRAINAGE DEVICES. THE REMOVAL OF /DIN .5.. 1 1 `
Drams SHALL BE MAINTAINED BY THE CONTRACTOR to ALLOW CONSTANT DRAINING of THE oEw¢s / ?0? 'a GRA
DURING CONSTRUCTION. 1
YYA?,_ SOLTR01 1
D
T. THE CONTRACTOR $11A11 BE RESPONSIBLE FOR THE ACCOMMODATION AND MAINTENANCE R BAY AND
STORM FLOWS IN ALL AREAS OF THE PROJECT SITE THROUGHOUT THE CONSTRUCTION PERIOD. r 1 , AREA
B. DE-WATERING OF STRUCTURES WITH SEDIMENT-LADEN WRIER DIRECTLY 70 STREAMS IS PROHIBITED. THE -----
--_-+
CONTRACTOR SHALL TAKE APPROPRIATE ACTION TO ENSURE THAT SUCH PROHIBITED ACTIVITIES DO NOT '
9. ALL STREAM BANK DISTURBANCE WORK SHALL BE CONDUCTED N A DRY CHANNEL. THE CONTRACTOR
1 IA \ ,A-1 '% - - --'-- 1- - - - - - -1- `1 _
SHALL 1µE APPROPRIATE ACTION 10 ENSURE THAT SUCH REQUIREMENTS \ \\ \ - \ I %- •-- ` - -- -
ARE SATISFIED. 1>,O -
10. WE CONTRACTOR SHALT UTILIZE A MINIMUM ]' DIAMETER PUMP NW A MINIMUM DISCHARGE CAPACITY CROSS,• ` - 1 T - - - \
d< 170 GPM IMMEDIATELY UPSTREAM OF THE COffRDAM FOR PUMP-AROUND OF STREAM BAYFLOw r?E? i/••ii/// \ --T--___LL_____ _ _ - `
WRWCH THE CONSTRUCTION SITE. THE DISCHARGE HOSE (S' MIN) FOR ME PUMP AROUND PROCESS al 1°• \ / _ - ?` / ; f( ' / VANE 1 1 1 ---?_----- ---?_
SIALL EXTEND DOWNS AM OF
THE TEMPORARY CONSTRUCTION ACTIVITIES µ0 DISCHARGE MJMEdA1ElT UPSTREAM O E -
Rock SILT YRCEN 'RIFFLE POL "
.1 '+ 1'1 D ?+p IY
II. THE CONTRACTOR SHALT
USE PUMPS CAPABLE W. CARRYING BAY Flaw WE STREAM. PUMPS ON "TA /REACH
THE AB SITE CANNING KEEP UP WITH BAY FLOW. CONTRACTOR SHALL STOP WORK AND ND OBTAIN PUMPS RO S 1 , L 1 wr 1 1
CAPABLE O HANDING THE FLOW.
1 \ O F\ S `
S
NOJRTH
TMBUT?Ry --------
----------------
\ i'^ ''' (iii?777 -------------
LEGEND ROOT ?'1 - - - - - 780 -
\ AD - illy' ------
NEW STREAM A H '1 ai_- •'
------
(TOP Of BANK LIMITS) ___-
( / \ 1 A?? w RIFFLE POOL
863226/358 1 11? . r CROSS REACH %' ; _:! 1' ;' • / / /
rf ])931n 695 1 l
/• l ? ?? 11 '1 1 iA 14 .• II i VANE
in SoA)iTH
\ TRIBUTAR: w
/ •-'a- ?.' ,? ' I / / I
- - - - - - - `\ \ \ ` \I `\ ° ?•. .{ 110 01 E/
` ,\\I \ 1 111 J i 1 ' 1 1 ;I ppRK1NGl
1 1 L{ I 1 1 OT '' I
?M.F•,•. 1A ' 1 ``' 1 I '1 I4 Z 11 it I? r1 \ ' I 1' 1'1 O '' / 1 i 1
' ' ' 1 I '\ 11 1m `I ?I P ? \\\.ll 1 ? IIII 111 ^? li '' ;' ?I 1 'I I/ 11
, ' , 1 1 1 'N1\r< I PII 1 \ I 1 \\ 1 1 1 I I i 1 1y/ J 11
; 1 ; 1 I 1 1 1 ; 1 1 \I `\ '1 `\ 11 '•1'"I?( 1 1 ,ill\!n„yni11jR.i ;1 / ''11 /
LODGE O
1 ) 1 I N 1 , 11\ 1 \\ 1 I II , I i 1
"OOF
GRADE 11 1' 1 ?i ' 1 I LLAa
1
f
11 1 ! `1 11 \ CONTROL I; n I 1 11 j ' 11 I
1 ; ; % ; ,% ; 1 ; 11 \ \ SILL 11 I 11 1 ; 1 - I 111 1
' ? / ; % ; 1, ?•?_.. •., `, 1 ; 'I Im '111 \ `\ L ?' ; ' ? I ', 11 `,
SBT°siDr Ww"T - 1- 111 \` i ; '11 1\ 11 \I
`
/ / ?' ;' \ S Bt°55 8Sw ?\` 1 111, 1\II 1 `Its i .T,f .• '_L 'r r 11 / j / I' II III `,1 I I ' J \``\
IL_._'1--`" I' \I
11 ', I 11 ; 11 11 111 1 ; ; -_T-
GRAPHIC SCALE / "----
?./---
b M IN
'ice
IN rEM
i iIMA . JO It. PROPOSED STREAM RELOCATION/RESTORATION
A EWE?I. 'TDB NO, P - CITY OF GREENSBORO
EWE LL 04-XX-06 BY JTG ENGINEERING DIVISION
coNSr. SURVEY BY STREAM RESTORATION PLANS
END 2,INQ CoNE3LJLT,ANT9,PC CHECKED 04-XX-06 EXHIBIT 6
roM ax m WA T»I IJM) M-"74 BY CDJ HORSEPEN CREEK TRIBUTARY p2
NVRNEft AM. NMIH FiAMUA 2720 '°' ISM) WC-N'^ SCALE: I• ^ 20 FT AT NEW GARDEN ROAD CULVERT
Slope and
Vegetate Banks
I/
BankoR
\\ - I/ BenCI -_
Sed\- ///_ n n n
0-111
15,
CROSS-SECTION
LOOKING DOWNSTREAM
20 - 30 deg
20O 150 Ion 50 00 .O 100 ISO T.0
50 :GU ., 10 eo m5 . , 1 PLAN VIEW
SECTION C-C SECTION F-F PROPOSED STREAM RELOCATION/RESTORATION DETAILS
Q JOB NO. P - CITY OF GREENSBORO
EWELL DESIGNED 04-K%-063y JTG ENGINEERING DIVISION
cONST. SURVEY by STREAM RESTORATION PLANS
ENGINEERING CONSLILTANTS. MC CHECKED 04-XX-06 Dy COJ HORSEREN CREEK TRIBUTARY p2
POST MICE W. 2m ) EXHIBIT 7
mNtRSALU. NORTH CAILWN 212M rAK. ISM) 1104=6 SCALE: 1 2C RT AT NEW GARDEN ROAD CULVERT

ROOT WAD
`---- -? SCALE: N14
i
NOTES:
I I. IOGINOwAL SPACING O 8007 WAGS YRl BE DETERMINED w M iEID
2. ROOT RAGS ML BE LOCATED TO INTERCEPT VELOCITY VECTORS HITTING

- SIIKANBwNS AI 90 DEG ANGLES
--------------------------- i
j
S ROOT NAT LOGS FROM IN SITE. W- IV LONG W/ ONE END PREPARED TO
DRIVE INTO eAIN W/O EXCAVATION
N. A 1I ENCN SMALL BE DIG ALONG M TOE OF M BANK SIZED TO

/ ACCEPT M rOOER LOG
/ S. M FOOTER LOG POST EXTEND 2' BEYOND M mUNs R THE FNBT

ROOT rND. P NECESSARY MUIMI[ f00TE
AND LAST LOGS MAY BE USED
R
5a LING AS MY ARE ORIENTED SUCH THAT THERE S A Y OVERLAP OF
i M UPSTREAM LOG OVER M DOWNSTREAM FOOTER La.
I
6. ALL DISTURBED
I
THE M ADJACENT L G TLWKD MATER
COMPMAL E UNLESS APPROVED
By M ERRER CON NOTING SMALL K RACED AROUND IK ROOT RAD
AL
LOG AND CAN BEPLACED PRIOR TO DRIVING M ROOT WAD INTO M
SIREALRAM E A MOE IS CUT IN M CON MATTING
7 ALL MATERIALS FOR THIS STRUCTURE SMALL BE APPROVED BY THE
ENGINEER POOR TO IISIALLATIK)l
e wSTAlLA110N OF ROOT WADS REQUIRE AN EXCAVATOR VIN A HYDRAULIC
THUMB

0E- NON 1.We . A.I rWN .r KP
SNe F-M v n1
Y
AAA
Lnn .HO NI vsu W/v
xWNANMKA s AR.VN.
I \

... .., iV_ 5 00 5C
15, ii
7 W Y- R
-15r .U0 .`A p0 so IOU 150
SECTION A-A
SECTION D•D \
I

I

I PLAN ME
I ?l

F
^R,.
e
1
s„
,Do
?s
)
CROSS SECTION

II I?
ROCK CROSS VANE
i SCALE NTS

?

I E9IL5:
1. ROCK VANES TO EE LOCATED AS $NG- R TIE PLANS AND AT

I
I
II OTHER LOCATIONS AS DIRECTED 21 THE ENGINEER
BenXMI S., 2. RACK VANE TO tE ORIENTED UPSTREM AI A 20 10 W DEGREE ANGLE
RF TE BANK
Upsbeam
4
7%
.
Fbw ---j
S. VANES SMALL K THE MIOEST MESI TO THE BANK AND CONNECTED
sbeambed eieraeon n TO THE RNAPULL ELIE AIIR OR SLIGHTLY BELOW
EACH LEG R THE CROSS VANE SWIL HAVE A LENGTH THAT SPANS
OwKnleam UP TO OE-THUD R TIC BASE-r
OW

GOG -t50 .170 SD 70 5:

ZOO 151 L
CHANNEL VTTH A SLOPE R
beambed elevafio, 1 10 IS PERCENT AS APPROVED RY THE RESIDENT ULSU ENGINEER
n C

0ii

50 0 5u 15n \_? =?.q,Q{ \l ?\_ ? _?\ DLNING CONSTRUCTION ILA77ER
AND LONGER STRUCTURES Wllt RE
(?nne =
PR[rERED "ING COME RUCTION
L
R
SECTION 13
13 _ _
GNPaveme
e??\\ N =M \MV1? i/\?/0 \N//r\d A N.L CROSS VINES SMALL INCLUDE "O-r.sl R IN[ UPSTREAM
- SIDE OF THE ENURE STRUCTURE
SECTION E-E 5 ALL CROSS VANES SNAlI HAVE A MIN 112 TIN FOOTER ROCK
ON Or
ED ruL
PROFILE i EMATI-
AN
PL
O A VO
i
l
x
'I
Z TON
T
LACC
N
r
1
?TQSTTjj
J2
/
R
P
OCCKS
ND ALS
BELOW EACH LEG CE THE STR1CTpE

MEMORANDUM
TO: To Whom It May Concern @
' US Army Corps of Engineers
NC Division of Water Quality
I 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 If, 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.

0
CONSERVATION EASEMENT FOR STREAM RESTORATION
ASSOCIATED WITH NEW GARDEN ROADWAY & CULVERT PROJECT - 2006
PERMANENT CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT ("Conservation Easement") made this day of
,2006 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 Coi s) 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
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. Signnage_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 Water 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
IJ

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 Ri h_g ts. 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
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. Warrantv. 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
t 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.
1 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)
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 , 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]