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HomeMy WebLinkAbout20040313 Ver 2_More Info Received_20080717Strickland, Bev From: Kulz, Eric Sent: Tuesday, July 29, 2014 7:26 AM To: Strickland, Bev Subject: FW: Higgins Trail /UT Swift Creek Attachments: Maynard_Road_PhaseII_ Resto ratio n_ plan_ 20110112 _append ices-red uce_size.pdf 04 -0313; Phase II From: Jan Patterson [ mailto: Jan. Patterson (a)townofcary.org] Sent: Thursday, July 17, 2014 4:00 PM To: Kulz, Eric Cc: Jan Patterson Subject: Higgins Trail /UT Swift Creek Eric, Sorry it has taken me a few days to get back with you with background for the meeting on Monday, July 21 at 10 AM . Some of the background for the project can be found in the attached Stream Mitigation Plan for the project. How you have become involved is that several years ago you attended a meeting with the Town (Dan Clinton, Mike Babuin), Stantec (Brad Fairley, etc...) and Jamie Shern from USACE where the establishment of mitigation credits for use by the Town was discussed. David Shaeffer has not been able to find any documentation of that meeting and wants you to chime in with your recollection of what was agreed upon before he will write a memo to document the credits gained by Phase II of the project. I'll be in the office tomorrow most all day if you need to call to discuss. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** *Excerpt from Mitigation Plan * * * * * * * * * * * * * * * * * * * * ** The restonalon of the u'r to Swift Creek began as a short on-site 1111119'ation prcl9ect for Inlylacts, associated with the widening of`' \ NM'aynard Road. Phase I of the pr( lect %vas expanded, to include an additional L763 feet Strcani restoration for future off-site initigation ind storiliwater wellands as ,I separate nitrogen rernov,al project. Now Phase 11 %H ill ccnitiiwe restoration (.,),f the UT to, Swift ('reek and tribinaries hirther upstreani and lncre,,ise the nuinber o>f storniwater wetlands, to treat url),ati runoff 17he pro iect will restore ecological function to tributaries of Swift, Creek foc-,,ited in CarY, North Carolina and provide streani nilfig,r,anon credit for the Towvn of ("ary, tbr ffiture use. Phase fl of the project will include 2006 linear feet of'PrIority 11, ,;treani restoration, The project "111 also n�sult in the protection of 4,5 aC1_eS, of btiffer In the Neuse River Basin., Phase I of the LTY to Swift Creek restoration was coni.ifleted in 2008. Since that finie,, the Town (if Cary IMILIC H an JMorny to decrease the flood elevation of a(kjvacerit properties, In order to achieve this. Phase, I reaches needed to be redesigned at a lower elevation. The Phase 11 design will tie into this new elevation. The,,;e Changes Will also allovv for "rin improved grcenway alignment and", as rim pedesuian bridge crossirlg, Acid it iuna I repairs of the Phase I reaches Will il'ICILKIC r`ePlii-PS" in areas of" b,ank failure where as lack of' N eoetarion is present, Rep, airs are necessary in these areas in order to ineet the SUCcess, criteria. The Ph ase 1I project Site streMilli a111`e F4 type channels. , `Fhe vinstable channels, have lost as sIszilvficant quantity ofsediment that h,as been deposited doNvnstrea.in. Chantiel riligratilon girid wideriing lnaas led to the loss of portions of the existin g, 11niff"er. Through restorat on ofthe dev 1, gruk!d channeL downstream sedillierit deposition wIll be reduced and 1.,)reservatloll Of the existing buffer and ffix,)dplain I's, Credit Towne of Cary, MiVgation Credit Ledger Original crecIfts from, restoration of IUT to Swift Creek (SAW-2010-02142) Permit Date Permit # limpact LocaVoni Length of Impact (ft) Credit � Ratio Credit MUltipfier Credits. Ulsed Jan-11 SAW-20110-02142 Maynard IRd widening 349 1:1 1 3,49 Jan-11 SAW-20110-02142 Iffiggins greeniway culvert 99 2:1 2 198 Jan Patterson, PE, CPESC Stormwater Engineer Town of Cary - Water Resources Department P.O. Box 8005 Cary, NC 27512-8005 (919)460-4930 aan.patterson @townofcary.org Pursuant to North Carolina General Statues, Chapter 132 Public Records, this e-mail may be subject to public record request under the Public Records Law. F61 Stream Mitigation Plan Unnamed Tributary to Swift Creek — Phase II Wake County, North Carolina Stantec Consulting Services Inc. 801 Jones Franklin Rd. Suite 300 Raleigh, NC 27606 Status of Plan: Draft Submission Date: December 2010 Table of Contents 1.0 Executive Summary ........................................................................................... ............................... 3 2.0 Background Information .................................................................................... ............................... 4 3.0 Project Site Location ........................................................................................... ..............................5 3.1 USGS Hydrologic Unit Code and NCDWQ River Basin Designations .... ............................... 5 3.2 Project Site .................................................................................................. ..............................5 3.3 Impact Site ................................................................................................. ............................... 6 4.0 Baseline Information ........................................................................................... ..............................6 4.1 Drainage Area, Project Area, and Easement Acreage ................................. ..............................6 4.2 Surface Water Classification and Jurisdictional Waters ............................ ............................... 6 4.3 Soils ............................................................................................................. ..............................7 4.4 Watershed Land Use .................................................................................. ............................... 7 4.5 Endangered Species ................................................................................... ............................... 8 4.6 Cultural Resources ..................................................................................... ............................... 8 4.7 Constraints ................................................................................................. ............................... 8 5.0 Project Site Streams and Wetlands ..................................................................... ..............................9 5.1 Existing Conditions ..................................................................................... ..............................9 5.2 Jurisdictional Waters ................................................................................... ..............................9 5.3 Reach Classification, Morphology, and Evolution .................................... .............................10 5.4 Existing Vegetation .................................................................................. ............................... 11 6.0 Reference Streams ............................................................................................. .............................12 6.1 Reference Watershed Characterization ...................................................... .............................12 6.2 Reach Classification and Morphology ....................................................... .............................13 6.3 Reference Vegetation ................................................................................. .............................14 7.0 Project Site Restoration Plan .............................................................................. .............................14 7.1 Goals and objectives .................................................................................. .............................14 7.2 Overall Watershed Improvements ............................................................. .............................15 7.3 Stream Design ............................................................................................ .............................15 7.3.1 Stream Design Specifications and Characteristics ................................. .............................15 7.3.2 Structures Used for Natural Channel Design ......................................... .............................16 7.3.3 Sediment Transport Analysis ................................................................. .............................17 7.3.4 Discharge Analysis ................................................................................ .............................17 7.3.5 Flood Analysis ....................................................................................... .............................18 7.4 Vegetation Plan .......................................................................................... .............................18 7.5 Soils ............................................................................................................ .............................19 7.6 Stormwater Wetlands ................................................................................. .............................19 7.7 Phase I Repairs and Redesign .................................................................... .............................19 8.0 Performance Criteria .......................................................................................... .............................19 8.1 Streams ....................................................................................................... .............................20 8.2 Wetlands .................................................................................................... .............................20 8.3 Vegetation ................................................................................................ ............................... 20 8.4 Schedule / Reporting .................................................................................... .............................20 9.0 Monitoring Plan ............................................................................................... ............................... 20 9.1 Stream ........................................................................................................ .............................20 9.1.1 Profile ..................................................................................................... .............................21 9.1.2 Pattern .................................................................................................. ............................... 21 9.1.3 Dimension ............................................................................................ ............................... 21 9.1.4 Bed Material ........................................................................................... .............................21 9.1.5 BEHI ...................................................................................................... .............................21 9.2 Vegetation ................................................................................................ ............................... 22 UT to Swift Creek - Phase II Restoration Plan Page i Town of Cary, NC December 2010 9.3 Timing/Notification of Completion (Proposed) ....................................... ............................... 22 10.0 Site Protection and Maintenance ........................................................................ .............................22 10.1 Legal Protection and Future Sustainability ................................................ .............................22 10.2 Responsible Parties .................................................................................. ............................... 23 10.3 Maintenance Plan and Schedule ................................................................ .............................23 11.0 Adaptive Management Plan ............................................................................. ............................... 24 12.0 Financial Assurances ......................................................................................... .............................24 13.0 References .......................................................................................................... .............................25 14.0 Appendices ......................................................................................................... .............................27 Appendix A. Maps Appendix B. Agency Correspondence Letters Appendix C. Photographs Appendix D. Jurisdictional Determination Appendix E. Design Sheets Appendix F. DWQ Stream Forms and Wetland Data Forms Appendix G. HEC -RAS Analysis Output Appendix H. Stream Restoration Easement UT to Swift Creek — Phase II Restoration Plan Page ii Town of Cary, NC December 2010 1.0 Executive Summary The restoration of the UT to Swift Creek began as a short on -site mitigation project for impacts associated with the widening of SW Maynard Road. Phase I of the project was expanded to include an additional 1,763 feet stream restoration for future off -site mitigation and stormwater wetlands as a separate nitrogen removal project. Now Phase II will continue restoration of the UT to Swift Creek and tributaries further upstream and increase the number of stormwater wetlands to treat urban runoff. The project will restore ecological function to tributaries of Swift Creek located in Cary, North Carolina and provide stream mitigation credit for the Town of Cary for future use. Phase II of the project will include 2006 linear feet of Priority II stream restoration. The project will also result in the protection of 4.5 acres of buffer in the Neuse River Basin. Phase I of the UT to Swift Creek restoration was completed in 2008. Since that time, the Town of Cary made it a priority to decrease the flood elevation of adjacent properties. In order to achieve this, Phase I reaches needed to be redesigned at a lower elevation. The Phase II design will tie into this new elevation. These changes will also allow for an improved greenway alignment and a new pedestrian bridge crossing. Additional repairs of the Phase I reaches will include repairs in areas of bank failure where a lack of vegetation is present. Repairs are necessary in these areas in order to meet the success criteria. The Phase II project site streams are F4 type channels. The unstable channels have lost a significant quantity of sediment that has been deposited downstream. Channel migration and widening has led to the loss of portions of the existing buffer. Through restoration of the degraded channel, downstream sediment deposition will be reduced and preservation of the existing buffer and floodplain is possible. The restoration reaches as designed will create stable channel morphology appropriate for the flood flows in the system. The design will also result in the lowering of the flood elevation on the adjacent properties. UT to Swift Creek — Phase II Restoration Plan Page 3 Town of Cary, NC December 2010 2.0 Background Information The restoration of the UT to Swift Creek began as a short on -site mitigation project for impacts associated with the widening of SW Maynard Road. The restoration project has expanded and now includes a longer length of stream restoration, stormwater wetlands, and upgrades to and expansion of a greenway. In 2004, a stream restoration and mitigation plan was prepared for what is now considered the first phase of the project (Stantec 2004). This included 349 linear feet of stream restoration needed to mitigate for impacts associated with the widening of SW Maynard Road. The Town of Cary decided to relocate and restore the stream adjacent to the roadway. For Phase I, expansion of the restoration to an additional 1,763 feet was considered beneficial as the stream was incised and degraded, most of the property was already owned by the Town, and the Town would be able to retain the credits for use as off site mitigation for stream impacts of future roadway projects. The plan also called for the construction of six stormwater wetlands to provide nitrogen removal from stormwater and the realignment of an existing greenway to make space for the restoration efforts. While the greenway is considered to be part of Phase I, the stormwater wetlands are now part of a separate nitrogen removal project funded by a NCEEP grant. As construction was underway on Phase I, a number of property owners upstream of the project expressed interest and a willingness to cooperate with the Town of Cary to expand the restoration activities further upstream. This area had not been proposed in the first phase as the stream runs through a number of properties with different landowners. Large numbers of landowners is a constraint that often limits the feasibility of stream restoration since everyone must participate for a successful project. Once this constraint was eliminated, the expansion of the restoration to include an additional 2,006 feet was considered feasible and a great asset to the Town of Cary, as it would provide additional credits for future impacts. The Town of Cary also decided to realign and improve the final portion of existing greenway and then expand the greenway upstream and along the tributary to Union Street. A second greenway access point from Chatham Street will be constructed. Finally, additional stormwater wetlands are included in the Phase II restoration as part of the nitrogen removal project funded by a NCEEP grant (Stantec 2005 & 2008). These new reaches proposed for restoration make up Phase II of the project and are discussed in this Mitigation Plan. The final four sections of this Mitigation Plan cover both phases of the project as these were not covered in detail in the first mitigation plan. These sections are Site Protection and Maintenance, the Monitoring Plan, the Adaptive Management Plan, and Financial Assurances. All of the activities detailed in the final four sections will occur simultaneously for both phases until monitoring is complete and the project has been accepted by the regulatory agencies. While there is an existing mitigation plan for Phase I, the redesign of Phase I is discussed in Section 7.7 of this report. The re- construction of Phase I will occur during Phase II construction and addresses changes in greenway alignment and pedestrian bridges, the lowering of the flood elevation of the adjacent properties, and areas in need of repair. UT to Swift Creek — Phase II Restoration Plan Page 4 Town of Cary, NC December 2010 3.0 Project Site Location 3.1 USGS Hydrologic Unit Code and NCDWQ River Basin Designations The restoration site is shown on the United States Geological Survey (USGS) 7.5- minute topographical quadrangle map for Cary. The USGS 8 -digit catalog number for the watershed is 03020201. The site is located in the 02 subbasin of the Neuse River, and is upstream of MacGregor Downs Lake, which has a stream index listed as 27- 43 -2.2 by the North Carolina Division of Water Quality (NCDWQ) (Appendix A, Map 1). 3.2 Project Site This restoration project is the second phase of the restoration of an unnamed tributary to Swift Creek located in the Town of Cary. The site is located along the greenway north of SW Maynard Road and west of Pamlico Drive. The site is bound to the west by residential yards along Danforth Drive, to the north by a planned residential development owned by TOW, Inc off of W. Chatham Street, to the south by the first phase of stream restoration, and to the east by residential yards along Pamlico Drive and Normandy Street (Appendix A, Map 2). The mitigation site ends at its downstream terminus where it connects with the existing restored Phase I reach. The Phase I restoration site ends at its intersection with SW Maynard Rd. Below Maynard Rd, the unnamed tributary flows into MacGregor Downs Lake. The outlet stream from MacGregor Downs Lake merges with Williams Creek to form Swift Creek. Swift Creek flows southwest across Wake County until it empties into the upper Neuse River just southwest of Selma. The Phase I redesign includes Reach 3 (station 21 +32 to 29 +92) and a portion of Reach 2 from station 12 +50 to 21 +12. Phase II involves the restoration of 1,250 linear feet of the unnamed tributary to Swift Creek beginning at the end of the Phase I reach up to a planned road crossing within a parcel owned by TOW, Inc. This portion is referred to as Reach 2 Phase II (station 0 +00 to 12 +50). Phase II also includes 726 linear feet of restoration on portions of a smaller tributary of the main reach, flowing from the east. This tributary is referred to as Reach 1. Reach 1 begins at Union Street and ends at the confluence with Reach 2 Phase IL Two small portions of Reach 1 will not be restored. The first portion is a 180 foot length of stream starting at Union Street (station 0 +00 to 1 +80) that will not be restored due to the space constraint from the two residential homes located on either side of the stream. The greenway will be constructed on these parcels alongside the existing stream. The second portion is approximately 210 linear feet located just upstream of the confluence (station 8 +90 to 11 +00) that will not be restored because it is generally stable and restoration would not provide significant benefit (Appendix A, Map 2). Currently Reach 2 Phase II is located partially on three parcels owned by the Town of Cary, seven residential lots located along Pamlico Drive and on the parcel owned by TOW, Inc. The restoration project will result in a realignment of Reach 2 Phase II so it is on Town of Cary property and the TOW, Inc parcel. Portions of the stream buffer will remain on the 7 residential properties. Reach 1 is located on a Town of Cary parcel, the TOW, Inc parcel and two residential parcels on Union Street. A greenway easement is in place on the residential parcels and stream restoration will not take place on that section (Appendix A, Map 2). The Phase I redesign is located on four additional parcels owned by the Town of Cary. UT to Swift Creek — Phase II Restoration Plan Page 5 Town of Cary, NC December 2010 The project site is owned completely by the Town of Cary either on entire parcels or easements (Table 1). The Town of Cary has an easement comprised of a 100 -foot stream buffer in place through the parcel owned by TOW, Inc. The Town also has stream restoration easements for the seven Pamlico Street residential parcels. These easements are 35' wide and are located along the western property boundary of each parcel. The easements allow for the relocation of the stream channel onto Town of Cary property. Once the channel is moved, the easement will be restored to a natural state and will be maintained in that condition. The Town has greenway easements on two parcels located on Union Street where the stream will not be restored. Additional easement information can be found in Section 10.1 Table 1. Parcel/easement owner and contact information Parcel/Easement Owner Contact Information Town of Cary P.O. Box 8005 Cary, NC 27512 (919) 469 -4007 3.3 Impact Site This compensatory mitigation plan is being prepared primarily for the Town of Cary such that future stream impacts undertaken by the Town of Cary may be mitigated by Phase I and Phase II of this mitigation project. However, as described in the Phase I mitigation plan, portions of the Phase I credits were used as on -site mitigation for the impacts from the widening of SW Maynard Road. 4.0 Baseline Information 4.1 Drainage Area, Project Area, and Easement Acreage The drainage area to the downstream end of the Phase II restoration reaches is approximately 518 acres (Appendix A, Map 3). The Phase II stream restoration will take place on 13 different parcels as described in Section 3.2. A stream restoration easement of approximately 3.8 acres has been placed through the TOW, Inc. parcel. The total easement area of the seven Pamlico Drive parcels is approximately 0.75 acres. In addition, there are 0.26 acres of greenway easement on the two parcels on Union Street. The four Town of Cary parcels cover a total of 6.13 acres. Including the Town of Cary parcels and the easements, the total Phase II project area is approximately 11 acres. 4.2 Surface Water Classification and Jurisdictional Waters The main reach (Reach 2) of the project is designated WS -III NSW (nutrient sensitive waters) by the North Carolina Division of Water Quality (NCDWQ). The smaller tributary (Reach 1) has not been assigned a surface water classification. UT to Swift Creek — Phase II Restoration Plan Page 6 Town of Cary, NC December 2010 4.3 Soils According to the USDA Soil Survey for Wake County (1970), the restoration reaches and surrounding floodplain are underlain with Chewacla and Mantachie soils. Georgeville silt loam, Appling sandy loam, and Appling gravelly loam are located on the higher ground surrounding the site (Appendix A, Map 4). Chewacla soils are described as nearly level, somewhat poorly drained soils on the floodplains of most stream terraces in Wake County. The seasonal high water table is 1.5 feet below the ground surface. These soils are frequently flooded for brief periods, and the permeability is moderate to moderately rapid. Chewacla soils are not classified as hydric, but they often have hydric inclusions (NRCS, 1995). Field investigations confirmed areas of hydric soils on the project site. The Mantachie series consists of nearly level or gently sloping, deep, somewhat poorly drained soils in depressions of the Piedmont and Coastal Plain uplands. These soils have formed in coarse loamy deposits of local alluvium washed from surrounding soils of the uplands. Slopes are predominantly less than 1 percent, but range to 3 percent. Georgeville silt loam is described as a well drained, moderately permeable soil that forms in material weathered from fine - grained metavolcanic rocks of the Carolina Slate Belt. Distribution ranges from gently sloping to moderately steep Piedmont uplands. Slopes are generally 6 to 15 percent, but can range from 2 to 50 percent. Appling soils are gently sloping to strongly sloping, deep, well - drained soils of the Piedmont uplands. These soils are on side slopes and on rounded divides that have a difference in elevation of about 50 feet between the highest and lowest points. They have formed under forest in material that weathered from granite, gneiss, schist, and other acidic rocks. Slopes range from 0 to 25 percent. 4.4 Watershed Land Use The watershed of the mitigation site includes a large portion of downtown Cary, the greenway corridor, and adjacent urban residential areas. The land use is mixed between high density residential use, light commercial use, forest, and recreational areas (grass, playing fields, and open areas). Residential use accounts for approximately 69% of the land use in the watershed (Appendix A, Map 5 and Table 2). Land use within the watershed for the mitigation site is not expected to change significantly in the near future as it is already highly developed. A residential development has been proposed and is in the planning phase for a parcel on the upstream portion of the main restoration reach. This parcel, owned by TOW, Inc., will be developed for multi - family residential use. A stream restoration easement of approximately 3.8 acres is in place on this parcel. Table 2. Watershed land use Landuse ' Acres Percent Commercial/Industrial/Transportation 71 13.7% Forest 68 13.2% Residential 356 68.7% Urban /Recreational Grasses 23 4.4% UT to Swift Creek — Phase II Restoration Plan Page 7 Town of Cary, NC December 2010 4.5 Endangered Species Site assessments conducted in the project area did not reveal the presence of any threatened or endangered species. Additionally, as part of Phase I of the restoration project (now completed), a dwarf wedgemussel survey was conducted in 2003. No evidence of the dwarf wedgemussel was found within, above, or below the restoration reach. Also, the NC Natural Heritage Program Virtual Workroom was reviewed to reveal any potential endangered species within 2 miles of the restoration site. No federally protected species appeared in the database. A scoping letter was sent to the Raleigh US Fish and Wildlife Service (USFWS) field office requesting any information regarding possible issues with endangered or threatened plant or animal species on the proposed stream restoration site. According to Mr. Pete Benjamin, Ecological Services Supervisor of the Raleigh Field Office, the USFWS believes that this project is not likely to adversely affect any federally - listed endangered or threatened species, their formally designated critical habitat, or species currently proposed for listing under the Endangered Species Act. A scoping letter was also sent to the NC Wildlife Resources Commission ( NCWRC) Division of Inland Fisheries requesting information regarding possible negative impacts to local aquatic and terrestrial wildlife resources found within the project site. According to Ms. Shari Bryant, Piedmont Region Coordinator of the Habitat Conservation Program, the NCWRC does not anticipate the project to result in significant adverse impacts to aquatic and terrestrial wildlife resources. Copies of correspondence letters with these agencies are included in Appendix B. 4.6 Cultural Resources The investigators performed a site evaluation for historic architectural resources in the spring of 2008. No archeological artifacts or historically significant structures were observed or noted during preliminary surveys of the site for restoration purposes. Additionally, a scoping letter was sent to the State Historic Preservation Office ( NCSHPO) requesting review and comment on any possible issues that might emerge with respect to archaeological or cultural resources associated with the stream restoration project. According to Ms. Renee Gledhill - Earley, Environmental Review Coordinator of the NCSHPO, the NCSHPO is not aware of any historic resources that would be affected by the project. Copies of correspondence letters are included in Appendix B. 4.7 Constraints Several design constraints exist with regards to this restoration project. Existing conditions such as the initial elevation approaching the site, valley slope, valley width, the existing buffer, the existing easement boundary all restricted design dimensions of the stream, ranging from parameters such as the beltwidth of the proposed channel up to the actual placement of the channel within the boundaries of the project. The existing utility crossings were also considered during the design. Existing sanitary sewer lines cross the project area in several locations. Possible hydrologic trespass was also a constraint in the design. In fact, the redesign of Phase I is being carried out in order to lower the flood elevation to reduce flooding on adjacent properties. Flood analyses were conducted to ensure that hydrologic trespass was not produced UT to Swift Creek — Phase II Restoration Plan Page 8 Town of Cary, NC December 2010 as a result of the proposed stream channel dimensions. Further information on the flood analysis performed is presented in Section 7.3.5. 5.0 Project Site Streams and Wetlands 5.1 Existing Conditions As mentioned in Section 3.2, the Phase II restoration area includes Reach 2a located directly upstream of the Phase I reach and a smaller tributary (Reach 1) from the confluence to Union Street. The drainage area for Reach 1 is 148 acres and for Reach 2 is 518acres. See Appendix C for photos of existing conditions. Currently, Reach 2a averages 35 feet in width and 6 feet in depth and Reach 1 averages 15 feet in width and 3 feet in depth. The reaches access their floodplain during periods of extremely high flow. The reaches proposed for restoration are strongly influenced by stormwater runoff from surrounding residential areas. Development within the watershed has influenced the height of the stream hydrograph and down - cutting is evident on the reaches throughout the site. Additionally, the reaches contain several shallow pools, particularly below large woody debris piles and undercut banks. As the reaches continue to degrade, the pools will eventually fill with sediment and bank scouring will increase. The existing pattern of the Phase II reaches is straight with a few hairpin turns and a minimal riffle -pool sequence. The reaches have down -cut to a layer of more weather - resistant rock in several areas. The substrate in the stream bed is predominantly gravel. Moderate to high levels of bank erosion are present along many sections of the reach. Continued down - cutting and bank erosion is anticipated without restoration of the existing reach conditions. 5.2 Jurisdictional Waters A jurisdictional waters determination was completed for the project site (Appendix D). Three small tributaries enter the proposed restoration reaches. One of the tributaries, Trib C, drains an area to the west of the site and flows into Reach 2 near the confluence with Reach 1. Trib C was restored as part of Phase L A second tributary, Trib B, carries runoff into Reach 2 from the surrounding residential neighborhoods. Trib B is located near the downstream end of the project (Appendix E, Plan Sheet 4.6). The third tributary, Trib A, is a small channel which drains a 0.2 acre depressional wetland into Reach 1 on the southeast portion of the TOW parcel (Appendix E, Plan Sheet 4.2). There are also five other small wetlands, ranging in size from 0.01 to 0.1 acres, which drain to the restoration reaches and are jurisdictional. Field observation of these drainage paths between the wetlands and stream indicated that the drainage paths are not jurisdictional waters. All of these wetlands are located on the western side of Reach 2 (Appendix A, Map 2). The six wetlands all exhibited drainage patterns and drift lines. Soils were saturated in the upper 12 inches and had oxidized root channels and low chroma colors. The wetland vegetation was similar to the surrounding forest and included loblolly pine and water oak. Wetland data forms and DWQ stream forms are included in Appendix F. UT to Swift Creek — Phase II Restoration Plan Page 9 Town of Cary, NC December 2010 5.3 Reach Classification, Morphology, and Evolution Under the Rosgen classification system, Reaches 1 and 2a are classified as F4 stream channels. Some sections of the reach may more closely resemble a "G" channel; however, most of the reach exhibits "F" qualities. The relatively low entrenchment ratio, the high width -to -depth ratio, and the moderate sinuosity are all characteristics of an "F" stream. An "F" stream consists of an entrenched, meandering channel, deeply incised in gentle terrain. The "4" in the classification type indicates that the channel is predominantly comprised of gravel (Rosgen, 1996). Restoration Reach 2 Phase II is evolving, which is indicative of unstable conditions. Currently the channel is beginning to shift between a G and a wide, deep F channel. The stream has down -cut creating unstable, sloughing, and bare banks. The alternating point bars are eroding, thus contributing to the straightening of the stream. A straightened channel is not characteristic of stability within a Valley Type VII (wide, gentle valley slope) which is present on -site. The down - cutting, erosion, and straightening are causing the reach to widen. If left untreated, the channel will continue to down -cut and widen until it has established an accessible floodplain. The original floodplain will be abandoned. In time, the channel will re- stabilize, but will negatively affect conditions within and downstream of the restoration site. The first 250 linear feet of Reach 2 Phase II has a smaller cross - sectional area than the remainder of the reach (Table 3). At around station 2 +50, Trib C and Reach 1 enter into Reach 2 leading to a larger cross - sectional area. Reach 1 is also experiencing unstable, sloughing, and bare banks. Further down - cutting and severe bank migration is expected. The pool -to -pool spacing is not appropriate, and meander bends are eroding at high rates. If left untreated the channel will continue to straighten, down -cut, and widen. During the evolution of the restoration reaches, a significant quantity of sediment has been lost and deposited downstream. Portions of the existing buffer along the channel have also been lost. Through restoration of the degraded channel, downstream sediment deposition will be reduced and preservation of the existing buffer and floodplain is possible. Morphologic features of the reaches are presented in Table 3. UT to Swift Creek — Phase II Restoration Plan Page 10 Town of Cary, NC December 2010 Table 3_ Mornhological features for the existing reaches Itei Ekiting, Existing,, Existin Location Wake Co. Wake Co. Wake Co. Maynard Ph. II Upstream (Reach 2a Maynard Ph. II Maynard Ph. II first 320 feet existing Downstream East Reach Stream Name channel) (Reach 2a) (Reach 1) Stream Type F4 F4 F4 Draian e Area (Ac) 288 521 147 Bankfull Width (ft) 13.2 16.0 11.0 Width to Depth Ratio 13.5 13.5 15.0 Bankfull X- Sectional Area (ft-2) 12.9 19.1 8.2 Bankfull Mean Velocity (fps) 3.5 2.8 3.2 Bankfull Mean Discharge (cfs) 45.0 52.0 26.0 Bankfull Max Depth (ft) 1.3 1.4 1.1 Entrenchment Ratio 1.2 1.1 1.6 Avg. Meander Length (ft) NA NA 235.0 Avg. Belt Width (ft) NA NA 85.0 Radius of Curvature (Min/Max) (ft) NA NA 1.8 Sinuosity 1.3 1.0 1.2 Avg. Pool -to -Pool Spacing (ft) NA NA 115.0 5.4 Existing Vegetation In general, the mitigation site has one natural community: Small Stream Floodplain Forest (Schafale 2000). Common canopy species of this community found in the mitigation site include loblolly pine (Pinus taeda), willow oak (Quercus phellos), northern red oak (Quercus rubra), sweetgum (Liquidambar styrac flua), red maple (Acer rubrum), and American elm (Uhnus Americana). Invasive species are prevalent throughout the mitigation site. These include honeysuckle (Lonicera japonica), lespedeza ( Leppedeza cuneata), Chinese privet (Ligustrum sinense), and English ivy (Hedera helix). UT to Swift Creek — Phase II Restoration Plan Page 11 Town of Cary, NC December 2010 6.0 Reference Streams Restoration designs utilize reaches of stable channel morphology and natural stable riparian zones and floodplains as references for design. These reference reaches provide natural channel design dimensionless ratios that are based on quantitative morphological relationships. Due to unstable geometry in the upstream reaches and the reach downstream of Phase I, the adjacent channel does not provide a stable dimension, pattern, and profile that can be used as a reference for the restoration design of the reaches in the project area. A search for suitable reference reaches was conducted using a number of factors as guidelines. The factors assessed in locating a reference reach included: current land use and stream condition, size of the drainage area, stream order, the absence of man -made alterations within the immediate reach, the absence of beaver dams, and stream classification. Vegetative cover, bank stability, and channel condition were also evaluated during site visits. An on -site inspection was performed to ensure that the reference reach was appropriate and applicable to the restoration reach. The identified reference reach was Morgan Creek (C4) in Orange County. A reference reach was identified and surveyed to provide guidance in designing the restoration reaches and ensuring proper dimension, pattern, and profile based on bankfull stage (Rosgen 2001). Measurements included, but were not limited to, longitudinal profile and cross section of a riffle and a pool detailing the following data: thalweg, water surface, bankfull, low bank, and terrace elevation; bank slope; width of flood -prone area; belt width; valley length; straight length; pool -to -pool spacing and channel materials. The data were utilized to calculate dimensionless ratios for natural channel design. The location of the reference reach is shown in Appendix A, Map 6. Appendix F contains NCDWQ Stream Classification forms for the reference reach. 6.1 Reference Watershed Characterization The Morgan Creek reference reach is a third order stream and is depicted as a blue -line stream on the USGS White Cross and Chapel Hill Quadrangles (Appendix A, Map 6). Located just northwest of Carrboro, NC Morgan Creek flows south into University Lake. The drainage area of the reference reach is approximately 5300 acres ( >8 square miles). A significant portion of the watershed, around a thousand acres, is used for agriculture. The reference reach begins upstream (north) of the NC Hwy 54 stream crossing. No roads cross the reference reach; however several road crossings are present in the reference reach watershed. Major road crossings include Bethel Hickory Grove Church Road (SR 1104) which bisects the watershed from west to east, and Dairyland Road (SR 1113) which bisects the northern portion of the watershed from north to south. Several residential neighborhood roads also cross tributaries within the watershed. The dominant soils in the area include Georgeville silt loam and Herndon silt loam. Floodplain soils are comprised of Wedowee sandy loam and the predominant soil along the sideslopes is Appling sandy loam (Appendix A, Figure 7). UT to Swift Creek — Phase II Restoration Plan Page 12 Town of Cary, NC December 2010 6.2 Reach Classification and Morphology Morgan Creek in Orange County has a Rosgen classification of C4. The C4 stream is characterized as a slightly entrenched, meandering riffle /pool channel. The `4' indicates that the channel substrate is predominantly comprised of gravel. Bankfull discharge and velocity for the reference reach were calculated utilizing Manning's equation and estimating a roughness coefficient by stream type (Rosgen 2001). The bankfull velocity and discharge in Morgan Creek in Orange County was measured to be 5.94 ft/s and 570 cfs, respectively. Morgan Creek in Orange County had a bankfull width of 45.2 ft and width -to -depth ratio of 21. Its bankfull maximum depth was 3.1 ft and the entrenchment ratio was 2.2. The reach had an average meander wavelength of 280 ft and average belt width of 51 ft. This reach had a slightly higher than typical width -to -depth ratio, but exhibited lateral scour typical of C type channels. The banks and meander pattern were stable with good riffle pool complexes. In reference systems, bankfull is typically the top of bank or very near to it. The existing bankfull elevations and bankfull cross - sectional areas were determined in the field by locating the top of bank or back of point bars. These bankfull dimensions were then compared to NC Regional Curves for verification (NCSRP 2008). Morgan Creek in Orange County demonstrated bankfull indicators slightly below top of bank. Bankfull indicators at slightly below top of bank are common in stable channels and are indicative of a stream which is not entrenched. The morphological data, including bankfull dimensions, for each reference reach are presented in Table 4. Table 4_ Momhological features of the reference reaches Item, Reach Location Morgan Creek, Orange Count Stream Type C4 Drainage Area, Ac 5248 Bankfull Width (Wbkf), ft 45.2 Bankfull X- Section Area Abk , ft2 95.85 Bankfull Mean Velocity, fps 5.94 Bankfull Discharge, cfs 570 Bankfull Max Depth (dmax) 3.1 Bankfull Mean Depth (dbkf) 2.1 Width/Depth Ratio (Wbkf /dbkf) 21.3 Entrenchment Ratio (ER) 2.2 Meander Length Ratio (Lm /Wbkf) 6 Radius of Curvature Ratio 3.8 Meander Width Ratio (Wblt/Wbkf) 1.13 Pool to Pool Spacing ( -) 1 140 Pool to Pool Ratio (- /Wbkf) 1 3 UT to Swift Creek — Phase II Restoration Plan Page 13 Town of Cary, NC December 2010 6.3 Reference Vegetation Ideally, reference vegetation communities are found on or in the vicinity of the project site. As described in Section 5.4, there is one main community type on the project site: Small Stream Floodplain Forest. This on -site vegetation community provides sufficient reference information. It is a mature community with a diverse make -up of species. There is a large presence of invasive species that have impacted the understory; however, the canopy species have remained. The reference stream described above did not have the appropriate community makeup or age to serve as an additional reference. 7.0 Project Site Restoration Plan 7.1 Goals and objectives As outlined in the Phase I mitigation plan (Stantec 2004), the purpose of this stream restoration project is to enhance water quality by restoring ecological function and structural stability to an unnamed tributary of Swift Creek located within the Town of Cary. The main goal of the restoration plan will be to establish a stable channel while minimizing the impacts to the existing adjacent riparian floodplain forest. The area has been significantly impacted in the past through urban residential and commercial development. The watershed encompasses downtown Cary and many industrial areas, which contribute to non -point source pollution and stormwater runoff. Swift Creek is listed as impaired on the 303(d) Impaired Waters List. More specifically, the goals and objectives include: 1. Establishing an adequate floodplain; 2. Reducing bank erosion and sedimentation; 3. Improving aquatic habitat with the use of natural materials, stabilization techniques, and a riparian buffer; 4. Protecting approximately 4.5 acres of riparian buffer within the Neuse River watershed; 5. Mitigating for future off -site stream impacts within the Town of Cary; 6. Providing space for stormwater BMPs (part of a separate project) which will help improve water quality The restoration efforts from Phase I results in 2,142 linear feet of restored stream while the Phase II efforts will result in 1,976 linear feet of restoration and 100 linear feet of Enhancement L There were 349 linear feet of impacts during Phase I and 99 linear feet of impacts to streams during Phase IL Based on the approved stream restoration design and the mitigation ratios specified in the Stream Mitigation Guidelines manual (USACE 2003) credits were calculated as follows: • Phase L 2,142 feet of restoration (1:1 ratio) subtracting 349 feet of impacts (1:1 ratio) = 1,793 credits requested • Phase IL 1,976 feet of restoration (1:1 ratio) and 100 feet of Enhancement I (1:1.5 ratio) subtracting 99 feet of impacts (2:1 ratio) = 1,844 credits requested UT to Swift Creek — Phase II Restoration Plan Page 14 Town of Cary, NC December 2010 7.2 Overall Watershed Improvements The project area is part of the upper Swift Creek which is a water supply watershed in the nutrient - sensitive Neuse River watershed. The restoration site will contribute to watershed improvements in a number of ways. Direct water quality, water storage, and habitat benefits will be gained by restoring lost functions on the 2006 linear feet of stream restoration. By restoring these functions, the site along with the Phase I restoration reaches, will help restore the Swift Creek watershed to a more natural state. This will have significant positive impacts on the Swift Creek watershed and Upper Neuse River basin. 7.3 Stream Design 7.3.1 Stream Design Specifications and Characteristics The proposed stream channels were designed using Rosgen's Natural Channel Design Methodology (Rosgen, 1996). Typical morphological characteristics were obtained from a stable reference reach (see Section 6.0), checked against the appropriate regional curves, and utilized as design dimension, pattern, and profile parameters. Priority 2 restoration design was selected for all reaches. This type of restoration involves the re- establishment of a new floodplain at a lower elevation than the historic floodplain. In addition to utilizing reference reach surveys for determining restoration reach parameters, the restoration design parameters were also selected such that the designed stream channel would be able to transfer sediment through the reach without aggrading or degrading. The proposed alignments lie outside of the existing channels as much as practicable in order to limit construction constraints. The longitudinal profile was designed to match the existing ground topography in order to optimize cut/fill quantities. Facet slopes for each feature were derived from reference reach ratios. To ensure that the channel functions naturally, the proposed profile was designed to tie into the previously restored Phase I channel downstream of the restoration reach. Grade control structures will be installed at the upper and lower limits of each reach, and additional structures will be added along the restoration reaches for habitat and stability. Flood analysis was conducted to ensure that the stream restoration project will not increase flood stage following construction (see Section 7.3.5). The proposed channel design for Reach 2 follows that of a stable C4 stream. A typical C4 stream is a slightly entrenched, meandering, gravel- dominated, riffle -pool channel with a well - developed floodplain (Rosgen 1996). The C4 stream type is typical of a Piedmont area stream. C channels typically exhibit a width -to -depth ratio greater than twelve. The proposed width -to -depth ratio for Reach 2 is approximately 14. Reach I will be designed as a 134c channel. A typical B4 channel is moderately entrenched and occurs in stable alluvial fans and colluvial fans. The B4 channel bed is made up of gravel material and dominated by a series of irregularly spaced scour pools (Rosgen 1996). B channels typically have width -to -depth ratios greater than 12. Reach I is designed to have a width -to -depth ratio of approximately 14. The morphological table of the proposed design for the restoration reaches is presented in Table 5. Stream design plans are included in Appendix E. UT to Swift Creek — Phase II Restoration Plan Page 15 Town of Cary, NC December 2010 Table 5. Morphological features of the proposed restoration reach design Iter Design Design Design Location Wake Co. Wake Co. Wake Co. Maynard Ph. II Upstream (Reach 2A first 250 feet of Maynard Ph. II Maynard Ph. II East Stream Name design) Downstream (Reach 2A) Reach (Reach 1) Stream Type C4 C4 B4c Drainage Area (Ac) 288 518 147 Bankfull Width (ft) 13.5 16.5 11.0 Width to Depth Ratio 14.0 14.0 14.0 Bankfull X- Sectional Area (ft-2) 12.9 19.1 8.2 Bankfull Mean Velocity (fps) 4.5 4.5 4.9 Bankfull Mean Discharge (cfs) 58.0 86.2 40.2 Bankfull Max Depth (ft) 1.8 1.8 1.1 Entrenchment Ratio 5.5 17.3 4.6 Avg. Meander Length (ft) 48.25 119.0 74.0 Avg. Belt Width (ft) 37.8 45.5 27.0 Radius of Curvature (Min /Max) (ft) 26/34 30/40 35/45 Sinuosity 1.1 1.2 1.2 Avg. Pool -to -Pool S acin g (ft) 26.0 59.5 37.0 7.3.2 Structures Used for Natural Channel Design A combination of structures was used on this project. Many of the structures are typical of stream restoration projects done in the past. These include rock cross vanes, log vanes with rock j -hook, log sills, and brush mattresses. There were also several new and innovative structures used in this design including log step pools, brush layering, and constructed riffles. UT to Swift Creek - Phase II Restoration Plan Page 16 Town of Cary, NC December 2010 The purpose of rock cross vanes, log vanes with rock j -hook, log sills, and log step pools are to provide grade control for the stream at strategic locations thereby deflecting stream flow away from the banks and towards the thalweg during higher flow events. The brush mattress and brush layering are intended to provide stream bank stability via vegetation armoring and to provide in- stream habitat. The intent of the boulder constructed riffle is to provide riffle stability, flow dissipation, and appropriate flow direction. 7.3.3 Sediment Transport Analysis A stable stream has the ability to transfer its sediment load without aggrading (depositing sediment) or degrading (scouring sediment) over long periods of time. Shear stress analysis was conducted to assess the existing and proposed streams' ability to transport sediment. The stream design is based on a comparison to the existing channel's aggrading /degrading pattern and an adjustment to the proposed channel's shear stress and stream power such that the channel has the ability to transfer its sediment load in a stable manner. The geometry and profile of the proposed stream were designed to provide a stream that will convey the bankfull discharge and transport the stream's sediment supply. Grade control devices will be installed to further reduce the possibility of degradation within the restored channel. 7.3.4 Discharge Analysis Discharge analysis was conducted using the TR -55 method and USGS regression equations to calculate the reaches' discharge over different storm events. The results of the analysis were used for subsequent flood analysis (Section 7.3.5). The methodology used to perform the discharge analysis required the evaluation of the existing stream's bankfull elevation and corresponding bankfull area. In degraded systems, bankfall indicators are often weak due to the stream's degrading processes. The existing bankfull elevations and bankfall cross - sectional areas were determined by utilizing bankfull indicators where available, and by evaluating the North Carolina Piedmont Regional Curve (Harman et al. 1999). The discharge for the various storm events (2 -, 5 -, 10 -, 50- and 100 -year) was calculated using the USGS regression equation for the urban piedmont area of North Carolina. The results of the discharge analysis for the storm events are presented in Table 6. The discharge within the watershed is not expected to change in the future as the watershed is already highly developed with little opportunity for future development. Table 6. Discharae analysis results Storer Reach 2A first 254' 2A I 2-year 230 230 140 5-year 416 557 241 10-year 534 600 316 50-year 878 1000 543 100-year 950 1200 600 UT to Swift Creek — Phase II Restoration Plan Page 17 Town of Cary, NC December 2010 7.3.5 Flood Analysis Given that the project involves modifications to a stream channel in a developed area, it is important to analyze the effect of these changes on flood elevations. It is important to ensure that base flood elevations do not substantially increase, nor that any existing structures will be affected by increases in floodwater elevations. Floodwater elevations were analyzed using the HEC -RAS Version 3.1.3 software from the US Army Corps of Engineers Hydrologic Engineering Center (USACE, 2005). HEC -RAS is a software package that is designed to perform one - dimensional, steady flow, hydraulic calculations for water surface profiles for a network of natural and constructed channels. As a first step in the analysis, discharge for the system was calculated using both the TR -55 method and USGS regression calculations. Both methodologies generated similar flows. The HEC -RAS analysis was executed several times utilizing values from both methods. Backwater analysis was performed for the existing and proposed restoration reaches for the 2 -, 5 -, 10 -, 50- and 100 -year storm discharges. Both geometric data and steady flow data are required to run HEC - RAS. The analysis indicates that the proposed channel geometry will not increase the 5 -, 10 -, 50- or 100 - year flood elevations within the project area. In fact, the analysis indicates that the water surface elevation will be significantly reduced through project area during the 100 -year storm event. There is a slight increase to the water surface elevation for the 2 -year storm event. This scenario is hard to avoid, because the thalweg of the channel is being raised in most locations. Though there is an increase in the water surface elevation, no existing buildings are at risk for flooding due to the increase. The results of the HEC -RAS model have been reviewed by Mr. Dan Clinton of the Town of Cary Engineering Department. 7.4 Vegetation Plan Based on the grading plans, site elevations, predicted flooding, and best professional judgment, the project site has been divided into 4 planting zones. Zone 1 is a streamside zone in which fast growing woody species will be live staked on 3 -foot centers to quickly stabilize the newly created streambanks. Livestake species in Zone 1 will include elderberry (Sambucus canadensis), silky dogwood (Cornus amomum), Virginia willow (Itea virginica), and buttonbush (Cephalanthus occidentalis). No one species will make up more than 50% of the planted zone. Zone 2 is the floodplain zone which is the largest of the three zones encompassing most of the project site. Zone 2 will be planted with bare root trees and container shrubs on 8 -foot centers. Species in Zone 2 include willow oak (Quercus phellos), water oak (Quercus nigra), ironwood (Carpinus caroliniana), green ash (Fraxinus pennsylvanica), tulip poplar (Liriodendron tulipifera), black gum (Nyssa sylvatica), river birch (Betula nigra), red chokeberry (Aronia arbutifolia), spicebush (Lindera benzoin), and doghobble (Leucothoe axillaris). No one species will make up more than 25% of the zone and shrubs will comprise 20% of the zone. Zone 3 is limited to the upland side slopes found along the edges of the project area. Zone 3 will be planted with bare root trees on 8 -foot centers. Species include American beech (Fagus grand flora), flowering dogwood (Cornus Florida), redbud (Cercis canadensis), ironwood (Carpinus caroliniana), UT to Swift Creek — Phase II Restoration Plan Page 18 Town of Cary, NC December 2010 willow oak (Quercus phellos), and water oak (Quercus nigra). No one species will make up more than 25% of the zone. Zone 4 is the greenway buffer zone. Species in this zone include switchgrass (Panicum virgatum), deertongue (Dichanthelium clandestinum), big bluestem (Andropogon gerardii), little bluestem (Schizachyrium scoparium), and Indian grass (Sorghastrum nutans). 7.5 Soils The recommended construction sequence will include removing the existing topsoil within any areas to be disturbed. The excavated material will be stockpiled and spread across any newly exposed area to provide a more nutrient rich substrate for the establishment of planted vegetation. 7.6 Stormwater Wetlands Eight stormwater wetlands will be installed in the restored floodplain as part of a separate project focusing on nitrogen removal. These wetlands, planted with herbaceous vegetation, will improve the ability of the system to treat stormwater from the developed areas of the watershed. The stormwater wetlands will also treat runoff from the Higgins Greenway which is being realigned and expanded to run alongside the restoration reaches. 7.7 Phase I Repairs and Redesign Phase I of the UT to Swift Creek restoration was completed in 2008. Since that time, the Town of Cary made it a priority to decrease the flood elevation of adjacent properties. In order to achieve this, Phase I Reach 2 needed to be redesigned at a lower elevation. The Phase II design will tie into this new elevation. These changes will also allow for an improved greenway alignment and a new pedestrian bridge crossing. Phase I Reach 3 has areas of bank failure due to lack of vegetation. Repairs are necessary on this reach in order to meet the success criteria. A restoration and mitigation plan was prepared and approved for Phase I of this project in 2004. However, Sections 8 through 12 of the current Phase II mitigation plan include all of the Phase I restoration reaches. Plan sheets for the Phase I repairs and redesign are included in Appendix E. 8.0 Performance Criteria This restoration project is the second phase of a restoration of the UT to Swift Creek. However, repairs and redesign work will occur on the Phase I portion of the site as well. The following performance criteria apply to both restoration phases. UT to Swift Creek — Phase II Restoration Plan Page 19 Town of Cary, NC December 2010 8.1 Streams Success criteria pertain to the stability of the restored channel's dimension, pattern, profile, and sediment transport. The restored channel must demonstrate the general maintenance of a stable cross - section and have hydrologic access to the floodplain over the monitoring period. The restoration reach should mimic reference reach conditions and the channel will be considered stable if there are little or insignificant changes from the as-built dimensions and longitudinal profile. Some change in stream dimension is natural and expected. In general, the reaches' profile will be termed `successful' if no trends of thalweg aggradation or degradation are observed over a significant continuous portion of the reach during the monitoring period. Additionally, pattern features (bedform distributions and riffle /pool lengths and slopes) should demonstrate little adjustment within the 5 -year monitoring period. In terms of sediment transport, no significant trend in the aggradational or depositional potential of the restoration reaches should occur over the monitoring period. A minimum of two- bankfull events must be documented by crest gage within the standard monitoring period. 8.2 Wetlands Wetland restoration was not included in the scope of this project. 8.3 Vegetation The vegetative success of the riparian zone will be evaluated based on the species density and survival rates. Vegetation monitoring will be considered successful if at least 260 woody stems /acre are surviving at the end of five years for Phase I and IL Native volunteer species will count towards the 260 woody stems /acre threshold. 8.4 Schedule/Reporting A monitoring report of the project's ability to meet performance criteria with regards to the stream and vegetation will be submitted yearly for a period of five years (see Section 9.0). 9.0 Monitoring Plan After construction is complete, both the Phase I and Phase II reaches will be monitored together by Stantec annually, for a period of 5 years. One monitoring report will be submitted for both the Phase I and II reaches. The following describes the parameters that will be monitored during that time. 9.1 Stream The stability of the stream channel will be monitored annually for five years or until the success criteria are met. The entirety of the reaches will be monitored for dimension, pattern, and profile as detailed UT to Swift Creek — Phase II Restoration Plan Page 20 Town of Cary, NC December 2010 below. Cross - sections will be established to monitor stream dimensions. As vegetation establishes and the channel stabilizes, the channel's cross - section is expected to become slightly narrower; however, the cross - section should not indicate down - cutting or widening. Monitoring efforts will evaluate any changes by overlaying each year's cross - section and longitudinal profile with the previous years' for comparison. 9.1.1 Profile A longitudinal profile survey for the entire restoration length will be completed each monitoring year. Additional data collected will include riffle length, riffle slope, pool length, and pool spacing. Success will be measured based on whether the channel features stay within the natural variability of the dimensionless ratios of the reference reaches. The "as- built" (Year 0) longitudinal survey for the stream will be conducted after Phase II construction is completed. The "as- built" will also include survey data from the redesigned Phase I portion. 9.1.2 Pattern During the longitudinal survey each year, additional pattern data will be collected including channel beltwidth, radius of curvature, meander wavelength, and meander width ratio. Stability will be visually assessed. Success will be measured based on whether the channel features stay within the natural variability of the dimensionless ratios of the reference reaches. 9.1.3 Dimension After construction, 8 cross - sections (4 riffle and 4 pool) spread throughout the project reaches will be established with permanent cross - section pins in order to monitor stream dimensions. Data collected will include, at a minimum, cross - sectional area, bankfull width, bankfall mean depth, bankfull maximum depth, flood -prone width, width -to -depth ratio, and entrenchment ratio. Stream type will be determined in riffle cross - sections only. Success will be measured based on whether the channel features stay within the natural variability of the dimensionless ratios of the reference reaches. The "as- built" cross - sections will be selected and established once construction is completed. The cross - sections will be selected such that they are representative of both riffle and pool cross - sections of the restored reaches. 9.1.4 Bed Material Pebble counts will be completed in three typical riffle sections of the stream each monitoring year using the modified Wolman Pebble Count procedure (Rosgen, 1994). Data reported will include the d50 and d84 particle sizes. The first pebble count will be conducted after construction is completed during the as- built survey. Pebble counts will be used to ensure that bed particle size remains consistent over the monitoring period. 9.1.5 BEHI Using Rosgen (1996) methodology, Stantec will monitor the near bank stress (NBS) and /or bank erodibility hazard index (BEHI) as needed at any problem areas during the first year monitoring effort. UT to Swift Creek — Phase II Restoration Plan Page 21 Town of Cary, NC December 2010 9.2 Vegetation Vegetation will be monitored during the growing season in 8 plots scattered throughout the project site (along the stream and within the floodplain). Monitoring will include recording the number of live stems in each plot. In each plot, two plot corners, opposite one another, will be permanently located with conduit and /or rebar. Plots will be established once construction and planting is completed. Using the collected live stem data, the vegetative success will be evaluated by calculating the species density and survival rates. According to the US Army Corps of Engineers Stream Mitigation Guidelines (USACE, 2003), vegetation monitoring will be considered successful if at least 260 trees /acre are surviving at the end of five years. Any vegetative problem area in the project will be noted and reported in each yearly monitoring report. Vegetative problem areas include areas that either lack vegetation or include populations of exotic vegetation. 9.3 Timing /Notification of Completion (Proposed) Milestones and Timeline /Schedule Permit Issuance January 2011 Start of Construction March 2011 Completion of Construction December 2011 Submission of "as- built" drawings to DWQ and USACE December 2011 Completion of Legal and Recording Documents December 2011 Anticipated Completion of Is` Year Monitoring December 2012 Financial Assurances Posted Not Applicable Anticipated Completion of 5"' Year Monitoring December 2017 10.0 Site Protection and Maintenance 10.1 Legal Protection and Future Sustainability The restoration and greenway project will take place on seven parcels (four for the redesign of Phase I) owned by the Town of Cary and an easement on ten other privately owned properties (see Table 7 for deed book and page numbers for the parcels and easements). The Town of Cary parcels (PIN 0763072902, 0763085505, 0763088273, 0763070365, 0753979036, 0763060640, and 0753968692) have been designated as open space by the Town and are included in the parks master plan (Town of Cary, 2003). The Town is dedicated to maintaining these parcels as open areas, thereby protecting the restoration project in perpetuity. A Stream Restoration Easement is in place on eight private parcels. On one of these parcels, owned by TOW, Inc. (PIN 0763089429), the easement maintains a 100 -foot buffer on either side of the stream. The restoration on this parcel will take place within this easement. The seven remaining parcels (PIN 0763073623, 0763073722, 0763073870, 0763074931, 0763074999, 0763085087, and 0763086199) have UT to Swift Creek — Phase II Restoration Plan Page 22 Town of Cary, NC December 2010 a 35 -foot easement in place along the western boundary of each parcel. The easements allow for the relocation of the stream channel onto Town of Cary property. Once the channel is moved, the easement will be restored to a natural state and will be maintained in that condition. Stream restoration activity will not extend outside of this 35 -foot easement. The Stream Restoration Easements are recorded at the Wake County Clerk's Office and will protect the restored stream project in perpetuity. The easement on the TOW, Inc. parcel will also allow direct access to the site for monitoring and remedial work if necessary. A greenway easement is in place on two private parcels (PIN 0763185130 & 0763175924). The easement allows for the construction of a greenway where the two properties meet. A copy of the Stream Restoration Easements and Greenway Easements can be found in Appendix H. Table 7. Pin Number_ Deed Book_ and Paae Number Information Town of Cary 0763072902 03298 0785 Town of Cary 0763085505 03117 0918 Town of Cary 0763088273 12811 1727 Town of Cary 0763070365 03186 0258 Town of Cary 0753979036 02837 0017 Town of Cary 0763060640 02983 0009 Town of Cary 0753968692 12197 0331 TOW, Inc 0763089429 012692 01260 -01264 George, Silas & Joni 0763073623 012634 02642 -02646 Miller, Elmer & Mabel 0763073722 012606 00549 -00553 Gyongyos, Dale & Bruce 0763073870 012606 00544 -00548 McClain, Jackson & Margaret 0763074931 012606 00554 -00558 Peterson, Joan & Jason 0763074999 012606 00534 -00538 Cooper, Thomas & Rebecca 0763085087 012606 00529 -00533 Barr, Mark & Jean 0763086199 012606 00539 -00543 Thomas, Donald & Sharon 0763185130 05710 00732 -00733 Bellet, Cristina & Richard 0763175924 013201 01980 10.2 Responsible Parties The Town of Cary will be responsible for site protection, maintenance, and any required remedial work throughout the five -year monitoring period. 10.3 Maintenance Plan and Schedule The site will be assessed for any problem areas during the yearly vegetation and stream monitoring visit over the five -year monitoring period. Problem areas will also be noted during other site visits. Items to be assessed include planted vegetation survivability, invasive vegetation control, and stream stability. Maintenance will occur annually after monitoring unless the action is high priority, in which case it will occur sooner. Any replanting of vegetation will take place during the dormant season. All maintenance associated with the stream restoration will be the responsibility of the Town of Cary. UT to Swift Creek — Phase II Restoration Plan Page 23 Town of Cary, NC December 2010 It is not anticipated that invasive plant species will be a significant problem on the UT to Swift Creek Restoration Site. During the monitoring visits, any invasive species problems will be noted and specific management/removal options will be proposed. 11.0 Adaptive Management Plan The Town of Cary will be the responsible party for the restoration project. Any adaptive measures necessary during the monitoring period will be addressed by the Town of Cary. There are a variety of remedial measures that can be undertaken if needed. Monitoring as described in Section 9.0 will be carried out annually. Monitoring reports will help determine the success of the project and identify problems that may require maintenance or adaptive management. Maintenance will occur when necessary (Section 10.3) to ensure the restoration project will meet the established performance standards. Potential issues that may require adaptive management in regards to vegetation include a high rate of plant mortality, deer predation, and invasive species preventing establishment of desired species. Mechanisms such as replanting, installing tree tubes, or removing invasive species will be considered to protect planted vegetation. If streams are found to be unstable and minor maintenance is insufficient, an analysis will be conducted in order to determine the cause of the instability. A suitable action that will have the least impact on aquatic resources will be considered in order to address the situation. 12.0 Financial Assurances This project was undertaken by the Town of Cary on publicly -owned parcels and on easements owned by the Town. The Town of Cary will be responsible for addressing any issues arising during the monitoring period of the restoration project. The Town will be present for the duration of the project and guarantees its success. Therefore, the Town of Cary proposes not to provide financial assurances for this project. UT to Swift Creek — Phase II Restoration Plan Page 24 Town of Cary, NC December 2010 13.0 References Harman, WA, G Jennings, JM Patterson, DR Clinton, LO Slate, A Jessup, JR Everhart, & RE Smith 1999. Bankfull Hydraulic Geometry Relationships for North Carolina Streams. AWRA Wildland Hydrology Symposium Proceedings. AWRA Summer Symposium. Bozeman, MT. Rosgen, DL 1994. A Classification of Natural Rivers. Catena, Vol 22, 169 -199, Elsevier Science, B.C. Amsterdam. Rosgen, DL 1996. Applied River Morphology. Wildland Hydrology Books, Pagosa Springs, Colorado. Rosgen, DL 2001. The Reference Reach — a Blueprint for Natural Channel Design. Proceedings of the Wetlands and Restoration Conference. Schafale, Michael P. 2000. Classification of the Natural Communities of North Carolina: Fourth Approximation. (draft) North Carolina Natural Heritage Program, Raleigh, North Carolina. http: / /cvs.bio.unc.edu /Iinks.htm Stantec Consulting Services, Inc. 2004. Stream Restoration and Mitigation Plan Unnamed Tributary to Swift Creek. Prepared for the Town of Cary. Raleigh, NC. Stantec Consulting Services, Inc. 2005. Town of Cary Nitrogen Removal BMP Project Feasibility Study. Prepared for the Town of Cary. Raleigh, NC. Stantec Consulting Services, Inc. 2008. Town of Cary Nitrogen Removal BMP Project Phase II Feasibility Study /Proposal. Prepared for the Town of Cary. Raleigh, NC. USACE, et al 2003. Stream Mitigation Guidelines. US Army Corps of Engineers, Wilmington District. http:// www.saw.usace.anny.mil/wetlands /Mitigation /stream mitigation.html USACE 2005. HEC -RAS River Analysis System, Version 3.1.3. US Army Corps of Engineers Hydrologic Engineering Center. USDA 1970. Soil Survey for Wake County, North Carolina. United States Department of Agriculture, Soil Conservation Service. UT to Swift Creek — Phase II Restoration Plan Page 25 Town of Cary, NC December 2010 UT to Swift Creek — Phase II Restoration Plan Page 26 Town of Cary, NC December 2010 14.0 Appendices Appendix A. Maps Appendix B. Agency Correspondence Letters Appendix C. Photographs Appendix D. Jurisdictional Determination Appendix E. Design Sheets Appendix F. DWQ Stream Forms and Wetland Data Forms Appendix G. HEC -RAS Analysis Output Appendix H. Stream Restoration Easement UT to Swift Creek — Phase II Restoration Plan Page 27 Town of Cary, NC December 2010 Appendix A. Maps flj Mv, l," I W� rl 7, Waur 7N" f If A T, 10 R "A" Wf� I, I Ertl A, a ....... . . V IT 7 7) V AB 1h, I N it Iff '01% WO A�l 4# W I It F rr Ell, if ea 'XI 7 7 0 IN "N' Y Or 11,A) '120 jviay Hard vRfd 10 gn i�, T C ^17111 Y -v w, RIP, U-4 r I. w4tg 17, '11II, I", fi 't 7Y ('Y' X, �q 1; 1 "', 114 Ile , k'19 )V P'4 77; I, X� . .... .. . . ..... y 'q` 7, IX "IM 4 V, 5, Map 1. USGS and Vicinity Map Project site Town of Cary UT to Swift Creek - Phase 11 7.5" USGS Cary TopoQuad Stream Mitigation Plan Map 2. Project Site Town of Cary UT to Swift Creek - Phase II Stream Mitigation Plan E Phase II restoration reaches Phase I restoration reaches Hydrography Existing sewer line w Existing stormwater line Roads C 0 Jursidictional Wetlands Easement area IIIIIIIIIIIII Town of Cary parcels Project area Property lines 'Tribs A & C are intermittent All other reaches are perennial "Wetlands A -D: Phase 2 delineation Wetlands E -F: Phase 1 delineation 500 Map 4. Soils Map O "No Phase II Restoration Reaches Town of Cary Phase I restoration reaches UT to Swift Creek - Phase II Hydrography Stream Mitigation Plan Roads Q Project area Map 6. Reference Stream USGS Map Town of Cary UT to Swift Creek - Phase I I Stream Mitigation Plan Surveyed Reference Reach Morgan Creek Watershed Appendix B. Agency Correspondence Letters Ll.'�Z] North Carolina Wildlife Resources Commission 9 Gordon S. Myers, Executive Director 30 March 2009 Ms. Kristin Weidner Stantec Consulting Services, Inc. 801 Jones Franklin Road Suite 300 Raleigh, NC 27606 Subject: UT Swift Creek —Phase II Stream Restoration Project, Wake County, North Carolina. Dear Ms. Weidner: Biologists with the North Carolina Wildlife Resources Commission have reviewed the subject information. Our comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 -667d) and North Carolina General Statutes (G.S. 113 -131 et seq.). The Town of Cary proposes to restore ecological function to impacted sections of unnamed tributaries to Swift Creek. The reaches exhibit slight to significant degradation of ecological function and structural instability. As part of Phase I of the restoration project, a dwarf wedgemussel survey was conducted in 2003. No evidence of dwarf wedgemussel was found above, below or within the site. Provided natural channel design methods are used and measures are taken to minimize erosion and sedimentation from construction activities, we do not anticipate the project to result in significant adverse impacts to aquatic and terrestrial wildlife resources. Thank you for the opportunity to review this project. If you require further assistance, please contact our office at (336) 449 -7625. Sincerely, Shari L. Bryant Piedmont Region Coordinator Habitat Conservation Program Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699 -1721 Telephone: (919) 707 -0220 • Fax: (919) 707 -0028 � 1rs STAlp ck h North Carolina Department of Cultural Resources State Historic Preservation Office Peter B. Sandbecic, Administrator Beverly Eaves Perdue, Governor Linda A. Carlisle, Secretary ieffrey J. Crow, Deputy Secretary March 12, 2009 Kristin Weidner Stantec Consulting Services, Inc. 801 Jones Franklin Road Suite 300 Raleigh, NC 27606 Office of Archives and History Division of Historical Resources David Brook, Director Re: Unnamed Tributary to Swift Creek — Phase II Stream Restoration Project, Wake County, ER 09 -0532 Dear Ms. Weidner: Thank you for your letter of March 5, 2009, concerning the above project. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill- Earley, environmental review coordinator, at 919- 807 -6579. In all future communication concerning this project, please cite the above - referenced tracking number. Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Sezrice Center, Raleigh NC 27699 -4617 Telephone /Fax: (919) 807- 6570/807 -6599 United States Department ®f the Interi ®r FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636 -3726 March 11, 2009 Kristin Weidner Stantee Consulting Services Inc. 801 Jones Franklin Road, Suite 300 Raleigh, NC 27606 n T TT .. n -' e^ .,7 :31-x, , T c++ r� - + p.:, ,.t �,., .�'�w.l�" C'' -.� „-. *Y ilia: v 1 :i vVY ilt %_171 Ck- Phase '.i vLream i estoratior. ioje _ auni.J, Dear Ms. Weidner: This letter is to inform you that a list of all federally- protected endangered and threatened species with known occurrences in North Carolina is now available on the U.S. Fish and Wildlife Service's (Service) web page at http: / /www.fws.gov /raleigh. Therefore, if you have projects that occur within the Raleigh Field Office's area of responsibility (see attached county list), you no longer need to contact the Raleigh Field Office for a list of federally - protected species. Our web page contains a complete and frequently updated list of all endangered and threatened species protected by the provisions of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.)(Act), and a list of federal species of concern s that are known to occur in each county in North Carolina. Section 7 of the Act requires that all federal agencies (or their designated non - federal representative), in consultation with the Service, insure that any action federally authorized, funded, or carried out by such agencies is not likely to jeopardize the continued existence of any federally - listed endangered or threatened species. A biological assessment or evaluation may be prepared to fulfill that requirement and in determining whether additional consultation with the Service is necessary. In addition to the federally - protected species list, information on the species' life histories and habitats and information on completing a biological assessment or evaluation and can be found on our web page at http: / /www.fws.gov /raleigh. Please check the web site often for updated information or changes. 1 The term "federal species of concern" refers to those species which the Service believes might be in need of concentrated conservation actions. Federal species of concern receive no legal protection and their designation does not necessarily imply that the species will eventually be proposed for listing as a federally endangered or threatened species. However, we recommend that all practicable measures be taken to avoid or minimize adverse impacts to federal species of concern. If your project contains suitable habitat for any of the federally - listed species known to be present within the county where your project occurs, the proposed action has the potential to adversely affect those species. As such, we recommend that surveys be conducted to determine the species' presence or absence within the project area. The use of North Carolina Natural Heritage program data should not be substituted for actual field surveys. If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely to adversely affect) a federally - protected species, you should notify this office with your determination, the results of your surveys, survey methodologies, and an analysis of the effects of the action on listed species, including consideration of direct, indirect, and cumulative effects, before conducting any activities that might affect the species. If you determine that the proposed action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally listed species, then you are not required to contact our office for concurrence (unless an Environmental Impact Statement is prepared). However, you should maintain a complete record of the assessment, including steps leading to your determination of effect, the qualified personnel conducting the assessment, habitat conditions, site photographs, and any other related articles. With regard to the above - referenced project, we offer the following remarks. Our comments are submitted pursuant to, and in accordance with, provisions of the Endangered Species Act. Based on the information provided and other information available, it appears that the proposed action is not likely to adversely affect any federally - listed endangered or threatened species, their formally designated critical habitat, or species currently proposed for listing under the Act at these sites. We believe that the requirements of section 7(a)(2) of the Act have been satisfied for your project. Please remember that obligations under section 7 consultation must be reconsidered if: (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered; (2) this action is subsequently modified in a manner that was not considered in this review; or, (3) a new species is listed or critical habitat determined that may be affected by the identified action. However, the Service is concerned about the potential impacts the proposed action might have on aquatic species. Aquatic resources are highly susceptible to sedimentation. Therefore, we recommend that all practicable measures be taken to avoid adverse impacts to aquatic species, including implementing directional boring methods and stringent sediment and erosion control measures. An erosion and sedimentation control plan should be submitted to and approved by the North Carolina Division of Land Resources, Land Quality Section prior to construction. Erosion and sedimentation controls should be installed and maintained between the construction site and any nearby down - gradient surface waters. In addition, we recommend maintaining natural, vegetated buffers on all streams and creeks adjacent to the project site. The North Carolina Wildlife Resources Commission has developed a Guidance Memorandum (a copy can be found on our website at (http: / /www.fws.gov /raleigh) to address and mitigate secondary and cumulative impacts to aquatic and terrestrial wildlife resources and water quality. We recommend that you consider this document in the development of your projects and in completing an initiation package for consultation (if necessary). K We hope you find our web page useful and informative and that following the process described above will reduce the time required, and eliminate the need, for general correspondence for species' lists. If you have any questions or comments, please contact Mark Bowers of this office at (919) 856 -4520 ext. 19. 3 List of Counties in the Service's Raleigh Field Office Area of Responsibility Alamance Beaufort Bertie Bladen Brunswick Camden Carteret Caswell Chatham Chowan Columbus Craven Cumberland Currituck Dare Duplin Durham Edgecombe Franklin Gates Granville Greene Guilford Halifax Harnett Hertford Hoke Hyde Johnston Jones Lee Lenoir Martin Montgomery Moore Nash New Hanover Northampton Onslow Orange Pamlico Pasquotank Pender 11 Perquimans Person Pitt Randolph Richmond Robeson Rockingham Sampson Scotland Tyrrell Vance Wake Warren Washington Wayne Wilson Appendix C. Photographs Photo 1: Trash and Bank Incision in main channel near the upstream end of Reach 2 Phase II Photo 2: Eroded banks and Chinese Privet infestation on Reach 2 Photo 3: Upstream view of Reach 1 Photo 4. Bank scouring and incision near at the upstream end of Reach 1 Photo 5. Origin of Trib A Photo 6. Trib B looking upstream Photo 7. Trib C at downstream end looking upstream Photo 8. Reach 2 near the transition from Phase I and Phase II, looking upstream Photo 9. Wetland A Photo 10. Wetland B Photo 11. Wetland C Photo 12. Wetland D Appendix D. Jurisdictional Determination VICINI TY MAP N TS NOTES: 1 ) THIS MAP DOES NOT REPRESENT A BOUNDARY SURVEY BY THIS FIRM. 2) BOUNDARY LINES SHOWN HEREON FOR REFERENCE ONLY WERE TAKEN FROM CIS SOURCES AND, ARE APPROXIMATE AT BEST. 3) COORDINATES S1 iOWN ON THIS MAP ARE NC GRID-NAD 83 AND WERE OBTAINED USING MAPPING GRADE TRIMBLE CPS RECEIVERS POST- PROCESSED USING TRIMBLE PATHFINDER SOFTWARE. 4) TOTAL A, B, C, D COMBINED WETLAND ACREAGE = 0.35 ACRES 5) OUR NC BOARD REGISTRATION NUMBER IS F-0672, 6) THE SOLE PURPOSE OF THI'S MAP IS TO SHOW THE EXTENDED SURVEY ILLUSTRATED AS AREA "D". THIS MAP WAS PREVIOUSLY CERTIFIED ON JUNE 8TH, 2009. THE CERTIFICATION SI--IOWN HEREON APPLIES ONLY TO INFORMATION SHOWN IN AREA I'D". NOT A CERTIFIED D01CUMENT AS TO THE ORIGINAL DOCUMENT BUT ONLY AS TO, THE REVISIONS - THIS DOCUMENT ORIGINALLY ISSUED AND SEALED BY F. REX COOPER, L-4269, ON JUNE 8TH, 2009. THIS DOCUMENT IS ONLY CERTIFIED AS TO THE REVISIONS. I, F. REX COOPER, CERTIFY THAT THIS MAP WAS PREPARED FROM AN ACTUAL FIELD SURVEY OF THE AREA NOTED AS AREA I THAT THE BOUNDARIES NOT SURVEYED ARE SHOWN AS BROKEN LINES AND THAT THE COORDINATES SHOWN ARE NC GRID - NAD83. WITNESS MY HAND AND SEAL THIS 5TH DAY OF JANUARY, 2014. 20,60,697.71 AA-006 PROFESSIONAL LAND SURVEYOR )K L-4269 . �tk%t 191,9111 A p" . "This certifies that this copy of this plot occuratley depicts the boundary of the jurisdliction of Section 404 of the Clean Water Act in the areas impacted by the present proposed activity, as determined Iby the undersigned on this date. Other areas of jurisdicUon may be present on the site buit have not been delineated. Unless there has been a change in the low at, our published regulations, this determination of Section40,4 jurisdiction may be relied upon, for a period not to exceed flve years from, this date. This determination was made utilizing the 1987 CorpIs of Engineers Wetlands Delineation Manual." Name: TItle:-.. Dote_ AID:- LEON ARTURO J & ROSEMARY E DE PIN 076,3084404 P P� jr 0;Iis! 41 TOWNN, OF CARY PIN 0763085505 BRUMAR LILC N 0763086990 GROVE PARK ASSOCIATES LLC ATTN PIN 0763191021 CA-005 WETLANDS CA-003- CA-00 CA-006 0.10 ACRES CA-002 C \ CA-007 CA .0'09 A 008 Al A-010 'A 0 C -00, CA-011 A 000 BA 007 'POO INSET A BA-006 C APII 10=501 B-018-END A RA 0,4 CB-01 A�?51 -TOS 000 CB-016-T'- WETLANDS BA-005 f$l .... ), 0,04 ACRE S . . ......r , BA 09 1,11 AA-008 A-004 ti AA 7 WETLANDS 0,01 ACRES AA UU9 BA , E SA BA -VV,? BA 002 A, A A -0�0 AA-005( AA-004 -V <AA-002 RYAN R & JENNIFER B RODGERS -X M I PIN 0763185220 1: a) 0 = F; f cru- oc %0 XZ Z-JIT U, t; Li tan W C.) CD W" < Z > 'S & CL M DONALD -JAMIE \ SHARON, MARIE P '-, IIN 3185i3Q,, WY' DARIUS LINDEN & %a BE PIN Y TT JO LAWVER L31 < IN 0763175814 Z MATTHEW L FAERBER IN % & KIRSTEN H ZILLMAN A PIN 0763175735 'R 4 ,V te WETLAND TABLE FLAG NORTHING EASTING, AA-0011 738526.,65 206,0646,.87 AA-002 738552.76 2060645.11 AA-003 738571.52 2060664.76 AA-004 738549.62 206068OJ5 AA-005 738554.018 20,60,697.71 AA-006 738552.92' 2060705.317 AA-007 738555.03 20606918.53 AA-008 738563.04 206,0682.64 AA-009 738576.411 2060665.67 AA-010 END '7318562.21 2060641.43 BA_001 7385158.69 20607231.99 BA-002 738556.70 2060740.25 BA-003 738578.43 2060746.96 BA-004 738605.118 2060722.50 BA-005 738628.38 2060738.78 BA-0016 7386711.97 2060751.910 BA-007 738672.08 2060741.08 BA-008 7386331.01 2060757.22 BA-009 7385911.89 20601714.211 BA-010 END 738573.73 2060739.03 CA0101 738701.71 2060793.25 CA-002 738734.017 206078L21 CA-003 738759.00 2060800.57 CA-004 7387611,001 2060121,17 CA-005 738778.40 206083I0.44 CA-006 738767.32 2060855.54 CA-007 738729.00 2060861.61 CA-008 738714.09 2060830.35 CA-009 738719.63 2060811.84 CA-010 738710.56 2060800.34 CA-011 738700.39 2060800.77 CA-012 738658.100 2060822.66 CA-013 738659.02 2060818.89 CA-014 738645,.70 20608191.68 CA-015-TOB 738641.601 2060824.58 CB-016-TOB 738635.96 2060822.80, WETLAND TABLE FLAG NORTHING EASTING CB-017 738642.36 2060814.02 CB-018-END 738663.68, 2060797.92 D,A-001! 7380,31.14 2061226.56 DA-002 738027.71 201611257.53 DA-003 737998.58 2061285.81 DA-004 737968.74 2061297.76 DA-005 737986.74 20 6113 2 9.9 2 DA-005 737981.68 2061364.76 DA-007 1 737969.91 2061391.90 DA-008 737957.65 20614119.94 DA-009 737934.18 2061405.94 OA-010 737943.58 20611378.68 DA-O4l 737957.01 20161358.89 DA-012 737929.05 20161306.36 DA-013 737134,10, 206121,1,17 DA-014 737947.33 2061267.34 DA-015 737983.58 2061228.03 DA-016 END 738036.16 2061218.11 STREAM A-BEGN 738019.10 2061207.29 STREAM A 738036.111 20161220.30 STREAM A 738039.64 2061218.09 STREAM A 738065.69 206221.911 STREAM A TOB 738093.26 2061223.91 8 Cu I W et CO) ar 20 (u Coco W Z ce he W A cr) C3 ;4 ix U Z 4 U Z PATRICK & CASS CL GUY EATSON PIN 0763283077 BOBBY G BARLOW PIN 0763286005 . . . ....... .. ...... . .. F J KASTNER DwTg� PIN 0763276906 M JOHN H & HEATHER' (X) J ANSEDE -J ZQ C3 PIN 0763275896 D 94 r- 0% ob 0" OJ 06 OD tD (u W 05 !9 Co 0 M CU L Li 0 as r, M CU UMM qRZ %D W %0 ERIC W& MEGAN J" Cd 1, r�- 0 Z r- CL B LOOTS PIN 0763275796 III 3: 'gr nIT-mg-Tim I 81 1 Jones Trani <iin Road Suite Raleigh NC U.S.A. 27606 Tek 919.851.6866 Fax: 919.8'51.7024 www.staintec.com Copyright Reserved The Contractor shall verify and be responsible for all dimensions. DO NOT scale the drawing - any errors or omissions shall be reported to Stantec without delay. The Copyrights to all designs and drawings are the property of Stantec. Reproduction or use for any purpose other than that authorized by Stantec is forbidden,. Consultants M Project No. Scale 171300177 1"=109 Drawing No. Sheet Revision App,d, BY Revision Date EXTEND SURVEY TO W CHATHAM ST FRC 9/13/10 Date By Issued AppId. File Name: 171300177110105.dwg JLB 06-08-09 FRIC own. Chkd. Dsgn. Date M Project No. Scale 171300177 1"=109 Drawing No. Sheet Revision Appendix E. Design Sheets Appendix F. DWQ Stream Forms and Wetland Data Forms WETLAND DETERMINATION DATA FORM — Eastern Mountains and Piedmont ProjecUSite: &A \IAa'C City /County: AJ6L1C(' Sampling Date: 3113 �Jt � Applicant/Owner: / State:_ Sampling Point: €'+ 441"C Investigator(s): M Lee, Ca l ema A Section, Township, Range: Landform (hillslope, terrace, etc.): Local relief (concave, convex, none): Subregion (LRR or MLRA): Lat: Long: Soil Map Unit Name: NWI classification: _ Slope ( %): Datum: Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.) �J Are Vegetation , Soil , or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes No Are Vegetation , Soil , or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes --- No Is the Sampled Area Hydric Soil Present? Yes X No within a Wetland? Yes No Wetland Hydrology Present? Yes _)(— No Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required: check all that apply) ® Surface Soil Cracks (86) _ Surface Water (Al) _ True Aquatic Plants (1314) — Sparsely Vegetated Concave Surface (68) _ High Water Table (A2) Hydrogen Sulfide Odor (Cl) Drainage Patterns (810) X Saturation (A3) Oxidized Rhizospheres on Living Roots (C3) Moss Trim Lines (816) _ Water Marks (81) _ Presence of Reduced Iron (C4) Dry- Season Water Table (C2) _ Sediment Deposits (82) _ Recent Iron Reduction in Tilled Soils (C6) Crayfish Burrows (C8) Drift Deposits (83) _ Thin Muck Surface (C7) Saturation Visible on Aerial Imagery (C9) _ Algal Mat or Crust (64) _ Other (Explain in Remarks) Stunted or Stressed Plants (D1) _ Iron Deposits (135) Geomorphic Position (D2) _ Inundation Visible on Aerial Imagery (87) _ Shallow Aquitard (D3) Water- Stained Leaves (89) _ Microtopographic Relief (D4) Aquatic Fauna (613) FAC- Neutral Test (D5) Field Observations: Surface Water Present? Yes No— Depth (inches): Water Table Present? Yes No Depth (inches): Saturation Present? Yes V No Depth (inches): Wetland Hydrology Present? Yes No includes capillary frin e Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:: No 9 C woal R JV J e. Remarks: US Army Corps of Engineers Eastern Mountains and Piedmont – Interim Version VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: t ei1� Remarks: (Include photo numbers here or on a separate sheet.) oAe, . US Army Corps of Engineers Eastern Mountains and Piedmont - Interim Version Absolute Dominant Indicator Dominance Test worksheet: Tree Stratum (Plot size: ) % Cover Species? Status Number of Dominant Species 1. Cry; udS t" eLj ) 10 A A �_ That Are OBL, FACW, or FAC: (A) Total Number of Dominant 2. 3. Species Across All Strata: (B) 4. Percent of Dominant Species F, 5. That Are OBL, FACW, or FAC: r 00 X (A/B) 6. Prevalence Index worksheet: 7 Total % Cover of: Multiply by: 8. OBL species x 1 = = Total Cover Sapling /Shrub Stratum (Plot size: ) FACW species x 2 = 1. + '51 `A - FAC species x3= FACU species x4= UPL species x 5 = Column Totals: (A) (B) Prevalence Index = B/A = 2. 3, 4. 5. 6. Hydrophytic Vegetation Indicators: 7 1 -Rapid Test for Hydrophytic Vegetation 8. 2 - Dominance Test is >50% 9 3 - Prevalence Index is :53.01 10. 4 - Morphological Adaptations' (Provide supporting = Total Cover _ data in Remarks or on a separate sheet) Herb Stratum (Plot size: ) 1. L �✓ " yep , s� _ Problematic Hydrophytic Vegetation' (Explain) gA i 2.�rsrl�'A�c 4°�3Tih!lA9 t°tv�dCi _� 'Indicators of hydric soil and wetland hydrology must 3 be present, unless disturbed or problematic. 4• Definitions of Four Vegetation Strata: 5. Tree -Woody plants, excluding vines, 3 in. (7.6 cm) or 6 more in diameter at breast height (DBH), regardless of 7. height. 8. Sapling /Shrub - Woody plants, excluding vines, less 9• than 3 in. DBH and greater than 3.28 ft (1 m) tall. 10. Herb -All herbaceous (non- woody) plants, regardless 11. of size, and woody plants less than 3.28 ft tall. 12. = Total Cover Woody vine - All woody vines greater than 3.28 ft in Woody Vine Stratum (Plot size: ) height. 1. 2. 3. 4. Hydrophytic 5 Vegetation 6. Present? Yes No = Total Cover Remarks: (Include photo numbers here or on a separate sheet.) oAe, . US Army Corps of Engineers Eastern Mountains and Piedmont - Interim Version SOIL Sampling Point: &)e-fl 4 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Tvpe Loc Texture Remarks /0a o SL RM= Reduced Matrix. MS= Masked Sand Grains. Hydric Soil Indicators: Histosol (Al) _ Histic Epipedon (A2) _ Black Histic (A3) Hydrogen Sulfide (A4) _ Stratified Layers (A5) _ 2 cm Muck (A10) (LRR N) _ Depleted Below Dark Surface (A11) _ Thick Dark Surface (Al2) Sandy Mucky Mineral (S1) (LRR N, MLRA 147,148) Sandy Gleyed Matrix (S4) Sandy Redox (S5) _ Stripped Matrix (S6) Restrictive Layer (if observed): Tvpe: Depth (inches): 2Location: PL =Pore Lining, M= Matrix. Indicators for Problematic Hydric Sc _ Dark Surface (S7) _ 2 cm Muck (A10) (MLRA 147) _ Polyvalue Below Surface (S8) (MLRA 147, 148) _ Coast Prairie Redox (A16) _ Thin Dark Surface (S9) (MLRA 147,148) (MLRA 147, 148) _ Loamy Gleyed Matrix (F2) _ Piedmont Floodplain Soils (F19) Depleted Matrix (F3) (MLRA 136, 147) ® Redox Dark Surface (F6) _ Red Parent Material (TF2) Depleted Dark Surface (F7) — Very Shallow Dark Surface (TF12) Redox Depressions (F8) _ Other (Explain in Remarks) Iron - Manganese Masses (F12) (LRR N, MLRA 136) _ Umbric Surface (F13) (MLRA 136, 122) 31ndicators of hydrophytic vegetation and Piedmont Floodplain Soils (F19) (MLRA 148) wetland hydrology must be present, unless disturbed or problematic. 50_%h i e, Ja,;e A J ;,\ e Hydric Soil Present? 'd� Yes No ne US Army Corps of Engineers Eastern Mountains and Piedmont - Interim Version WETLAND DETERMINATION DATA FORM — Eastern Mountains and Piedmont Project/Site: LAa 9 c City /County: C,7 ` ' Sampling Date: .2 Applicant/Owner: l _ State: —Ls= Sampling Point: �esn Investigator(s): 44n6e, C.oI ep, an- Section, Township, Range: Landform (hillslope, terrace, etc.): Local relief (concave, convex, none): Slope ( %): Subregion (LRR or MLRA): Lat: Long: Datum: Soil Map Unit Name: NWI classification: Are climatic / hydrologic conditions on the site typical for this time of year? Yes ).( No (If no, explain in Remarks.) �/ Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances' present? Yes 7. No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes No Is the Sampled Area Hydric Soil Present? Yes No Within a Wetland? Yes No Wetland Hydrology Present? Yes No Remarks HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required: check all that apply) e Surface Soil Cracks (B6) _ Surface Water (Al) _ True Aquatic Plants (B14) Sparsely Vegetated Concave Surface (138) _ High Water Table (A2) _ Hydrogen Sulfide Odor (Cl) Drainage Patterns (B10) _ Saturation (A3) _ Oxidized Rhizospheres on Living Roots (C3) Moss Trim Lines (B16) _ Water Marks (B1) _ Presence of Reduced Iron (C4) Dry- Season Water Table (C2) _ Sediment Deposits (B2) _ Recent Iron Reduction in Tilled Soils (C6) Crayfish Burrows (C8) _ Drift Deposits (133) _ Thin Muck Surface (C7) _ Saturation Visible on Aerial Imagery (C9) _ Algal Mat or Crust (134) _ Other (Explain in Remarks) Stunted or Stressed Plants (D1) _ Iron Deposits (135) Geomorphic Position (D2) _ Inundation Visible on Aerial Imagery (B7) e Shallow Aquitard (D3) _ Water- Stained Leaves (B9) _ Microtopographic Relief (D4) _ Aquatic Fauna (B13) _ FAC- Neutral Test (D5) Field Observations: Surface Water Present? Yes No _X_ Depth (inches): Water Table Present? Yes No _,X Depth (inches): Saturation Present? Yes No __X_ Depth (inches): Wetland Hydrology Present? Yes No includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: �•' � r" v " K EJ�t � Remarks: J� dC>✓i�, US Army Corps of Engineers Eastern Mountains and Piedmont – Interim Version VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: Remarks: (Include photo numbers here or on a separate sheet.) o A e 4 US Army Corps of Engineers Eastern Mountains and Piedmont - Interim Version Absolute Dominant Indicator Dominance Test worksheet: Tree Stratum (Plot size: ) % Cover Species? Status Number of Dominant Species 1. ? ;Ak a ° C. 47,x- P °t e.S That Are OBL, FACW, or FAC: (A) f 2. tls�ai���t�5 r Total Number of Dominant 3. Species Across All Strata: (B) 4. Percent of Dominant Species ] `" 0 5. That Are OBL, FACW, or FAC: ! c (A/B) 6. Prevalence Index worksheet: 7. Total % Cover of: Multiply by: 8. = Total Cover OBL species x 1 = Sapling /Shrub Stratum (Plot size: ) FACW species x 2 = 1. L ® (1 ,e i/!J! ,Ae,1 se, Yes FAC species x 3= FACU species x4= 2 3. UPL species x 5 = 4. Column Totals: (A) (B) 5. Prevalence Index = B/A = 6. Hydrophytic Vegetation Indicators: 7 1 - Rapid Test for Hydrophytic Vegetation 2 - Dominance Test is >50% 9. 3 - Prevalence Index is < < -3.0' 10. 4 - Morphological Adaptations' (Provide supporting = Total Cover _ data in Remarks or on a separate sheet) Herb Stratum (Plot size: ) 1. L z➢A i ce t° Ck 01 n to C- Lk e S - Problematic Hydrophytic Vegetation' (Explain) 2. 'Indicators of hydric soil and wetland hydrology must 3• be present, unless disturbed or problematic. 4• Definitions of Four Vegetation Strata: 5. Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or 6 more in diameter at breast height (DBH), regardless of 7. height. 8. Sapling /Shrub -Woody plants, excluding vines, less 9• than 3 in. DBH and greater than 3.28 ft (1 m) tall. 10. Herb - All herbaceous (non- woody) plants, regardless 11. of size, and woody plants less than 3.28 ft tail. 12. = Total Cover Woody vine -All woody vines greater than 3.28 ft in Woody Vine Stratum (Plot size: ) height. 1. 2. 3. 4. Hydrophytic 5. Vegetation 6. Present? Yes)-,-- No = Total Cover Remarks: (Include photo numbers here or on a separate sheet.) o A e 4 US Army Corps of Engineers Eastern Mountains and Piedmont - Interim Version US Army Corps of Engineers Eastern Mountains and Piedmont – Interim Version ' SOIL Sampling Point: Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color moist % Color (moist) % Type Loc Texture Remarks Z6�0 i S 1_ 'Type: C= Concentration, D =De letion, RM= Reduced Matrix, MS= Masked Sand Grains. 2Location: PL =Pore Lining, M= Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soils': _ Histosol (Al) _ Dark Surface (S7) — 2 cm Muck (A10) (MLRA 147) _ Histic Epipedon (A2) _ Polyvalue Below Surface (S8) (MLRA 147, 148) _ Coast Prairie Redox (A16) _ Black Histic (A3) _ Thin Dark Surface (S9) (MLRA 147,148) (MLRA 147, 148) _ Hydrogen Sulfide (A4) — Loamy Gleyed Matrix (F2) _ Piedmont Floodplain Soils (F19) s Stratified Layers (A5) _ Depleted Matrix (F3) (MLRA 136, 147) 2 cm Muck (A10) (LRR N) _ Redox Dark Surface (F6) — Red Parent Material (TF2) _ Depleted Below Dark Surface (A11) _ Depleted Dark Surface (177) _ Very Shallow Dark Surface (TF12) _ Thick Dark Surface (Al2) _ Redox Depressions (F8) _ Other (Explain in Remarks) _ Sandy Mucky Mineral (S1) (LRR N, _ Iron - Manganese Masses (F12) (LRR N, MLRA 147, 148) MLRA 136) _ Sandy Gleyed Matrix (S4) _ Umbric Surface (F13) (MLRA 136, 122) 3Indicators of hydrophytic vegetation and _ Sandy Redox (S5) _ Piedmont Floodplain Soils (F19) (MLRA 148) wetland hydrology must be present, _ Stripped Matrix (S6) unless disturbed or problematic. Restrictive Layer (if observed): Type: — Depth (inches): Hydric Soil Present? Yes No Remarks: NoAe,, US Army Corps of Engineers Eastern Mountains and Piedmont – Interim Version North Carolina Division of Water Quality- Stream Identification Form; Version 3.1 Date: 3/13/2008 Project: Maynard Latitude: Evaluator: Amber Coleman Site: Tributary B Longitude: Total Points: 23.5 1 2 Stream is at least intermittent County: Wake 1 Other if >_ 19 or perennial if? 30 2 e.g. Quad Name: A. Geomorphology Subtotal = 9.5 Absent Weak Moderate Strong 12. Continuous bed and bank 0 1 2 3 2. Sinuosity 0 1 2 3 3. In- channel structure: riffle -pool sequence 0 1 2 3 4. Soil texture or stream substrate sorting 0 1 2 3 5. Active /relic floodplain 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Braided channel 0 1 2 3 8. Recent alluvial deposits 0 1 2 3 92. Natural levees 0 1 2 3 10. Headcuts 0 1 2 3 11. Grade controls 0 0.5 1 1.5 12. Natural valley or drainageway 0 0.5 1 1.5 13. Second or greater order channel on existing USGS or NRCS map or other documented evidence. No = 0 Yes = 3 = iwan -mace aitcnes are not rated; see aiscussions in manual B. Hvdrolocly (Subtotal = 10 14. Groundwater flow /discharge 0 1 2 3 15. Water in channel and > 48 hrs since rain, or Water in channel - dry or growing season 0 1 2 3 16. Leaf Iitter 1.5 1 0.5 0 17. Sediment on plants or debris 0 0.5 1 1.5 18. Organic debris lines or piles (Wrack lines) 0 0.5 1 1.5 19. Hydric soils (redoximorphic features) present? No = 0 Yes = 1.5 C. Biolocly (Subtotal = 4 20 b. Fibrous roots in channel 3 2 1 0 21 b . Rooted plants in channel 3 2 1 0 22. Crayfish 0 0.5 1 1.5 23. Bivalves 0 1 2 3 24. Fish 0 0.5 1 1.5 25. Amphibians 0 0.5 1 1.5 26. Macrobenthos (note diversity and abundance) 0 0.5 1 1 1 1.5 27. Filamentous algae; periphyton 0 1 2 3 28. Iron oxidizing bacteria bacteria/fungus 0 0.5 1 1.5 29 b. Wetland plants in streambed FAC = 0.5; FACW = 0.75; OBL = 1.5; SAV = 2.0; Other = 0 " Items 20 and 21 focus on the presence of upland plants, Item 29 focuses on the presence of aquatic or wetland plants. Notes: (use back side of this form for additional notes.) Sketch: North Carolina Division of Water Quality- Stream Identification Form; Version 3.1 Date: 1/9/2009 Project: Maynard Latitude: Evaluator: C.W. Gaskill Site: Morgan Creek Longitude: Total Points: 46 Stream is at least intermittent County: Orange Other if >_ 19 or perennial if? 30 1 e.g. Quad Name: Chapel Hill A. Geomorphology Subtotal = 24 Absent Weak Moderate Strong 12. Continuous bed and bank 0 1 2 3 2. Sinuosity 0 1 2 3 3. In- channel structure: riffle -pool sequence 0 1 2 3 4. Soil texture or stream substrate sorting 0 1 2 3 5. Active /relic floodplain 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Braided channel 0 1 2 3 8. Recent alluvial deposits 0 1 2 3 92. Natural levees 0 1 2 3 10. Headcuts 0 1 2 3 11. Grade controls 0 0.5 1 1.5 12. Natural valley or drainageway 0 0.5 1 1.5 13. Second or greater order channel on existing USGS or NRCS map or other documented evidence. No = 0 Yes = 3 = iwan -mace aitcnes are not rated; see aiscussions in manual B. Hvdrolocly (Subtotal = 9 14. Groundwater flow /discharge 0 1 2 3 15. Water in channel and > 48 hrs since rain, or Water in channel - dry or growing season 0 1 2 3 16. Leaf Iitter 1.5 1 0.5 0 17. Sediment on plants or debris 0 0.5 1 1.5 18. Organic debris lines or piles (Wrack lines) 0 0.5 1 1.5 19. Hydric soils (redoximorphic features) present? No = 0 Yes = 1.5 C. Biolocly (Subtotal = 13 20 b. Fibrous roots in channel 3 2 1 0 21 b . Rooted plants in channel 3 2 1 0 22. Crayfish 0 0.5 1 1.5 23. Bivalves 0 1 2 3 24. Fish 0 0.5 1 1.5 25. Amphibians 0 0.5 1 1.5 26. Macrobenthos (note diversity and abundance) 0 0.5 1 1 1 1.5 27. Filamentous algae; periphyton 0 1 2 3 28. Iron oxidizing bacteria bacteria/fungus 0 0.5 1 1.5 29 b. Wetland plants in streambed FAC = 0.5; FACW = 0.75; OBL = 1.5; SAV = 2.0; Other = 0 " Items 20 and 21 focus on the presence of upland plants, Item 29 focuses on the presence of aquatic or wetland plants. Notes: (use back side of this form for additional notes.) Sketch: Appendix G. HEC -RAS Analysis Output HEGRAS Plan: Ex -Final River Sta. 3538.8 corresponds to a point approximately 150 ft upstream of Reach 2. River Sta. 373.1 corresponds to the downstream end of Phase I. HEGRAS Plan: Proposed River Sta. 3518.58 corresponds to a point approximately 130 ft upstream of Reach 2. River Sta. 1208 corresponds to Sta. 21 +50 on Reach 2. HEC -RAS Plan: EX -Final River: Maynard Reach: C- RIVR -<EX CL> Profile: 0.01 Reach River Sta Profile Q Total Min Ch El W.S. Elev Grit W . E.G. Elev E.G. Slope Val Chnl Flow Area Top Width Froude # Chi (cfs) (ft) (ft) (ft) (ft) (ft/ft) (fVs) (sq ft) (ft) C- RIVR -<EX CL> 3538.83 0.01 983.00 411.57 418.41 419.39 0.013599 9.00 198.46 125.64 0.68 C- RIVR -<EX CL> 3353.89 0.01 983.00 410.39 416.81 417.28 0.008486 6.64 303.31 211.05 0.56 C- RIVR -<EX CL> 3179.79 0.01 983.00 408.40 415.16 415.76 0.008870 7.27 269.61 214.69 0.56 C- RIVR -<EX CL> 2999.1 0.01 1217.00 405.47 413.77 414.34 0.006995 6.85 313.38 200.60 0.50 C- RIVR -<EX CL> 2826.56 0.01 1217.00 405.51 412.96 413.24 0.005001 5.63 454.62 263.85 0.45 C- RIVR -<EX CL> 2689.02 0.01 1217.00 403.97 412.10 412.50 0.005179 6.31 376.32 194.70 0.47 C- RIVR -<EX CL> 2557.37 0.01 1217.00 404.44 411.48 411.78 0.005310 6.12 423.59 220.12 0.47 C- RIVR -<EX CL> 2428.09 0.01 1217.00 403.30 410.68 411.06 0.005733 5.96 373.43 235.97 0.49 C- RIVR -<EX CL> 2305.96 0.01 1322.00 403.12 409.67 410.21 0.008417 6.93 339.94 228.27 0.59 C- RIVR -<EX CL> 2189.56 0.01 1322.00 400.55 409.32 409.50 0.003391 4.67 559.60 274.63 0.37 C- RIVR -<EX CL> 2053.31 0.01 1322.00 403.44 408.78 408.95 0.005095 5.32 568.19 278.87 0.46 C- RIVR -<EX CL> 1967.54 0.01 1322.00 403.21 408.35 407.54 408.48 0.004589 4.82 639.11 315.06 0.43 C- RIVR -<EX CL> 1812.33 0.01 1322.00 403.81 407.89 406.50 407.96 0.002581 3.42 735.79 261.93 0.32 C- RIVR -<EX CL> 1693.27 0.01 1322.00 402.95 407.09 406.25 407.39 0.009954 6.71 393.70 353.78 0.63 C- RIVR -<EX CL> 1588.67 0.01 1322.00 400.10 406.42 406.64 0.004979 5.48 576.40 320.00 0.44 C- RIVR -<EX CL> 1434.16 0.01 1420.00 400.65 405.63 405.81 0.005624 5.59 566.52 244.11 0.49 C- RIVR -<EX CL> 1337.56 0.01 1420.00 400.28 404.86 405.10 0.008928 6.47 501.57 257.64 0.60 C- RIVR -<EX CL> 1208 0.01 1420.00 397.82 404.21 403.20 404.35 0.004021 5.06 715.05 350.54 0.41 C- RIVR -<EX CL> 1133.22 0.01 1420.00 398.04 404.00 404.09 0.002632 4.27 815.90 335.58 0.33 C- RIVR -<EX CL> 1007.15 0.01 1420.00 397.67 403.68 403.78 0.002268 4.12 841.38 342.75 0.32 C- RIVR -<EX CL> 858.7 0.01 1420.00 396.82 403.55 400.83 403.60 0.000728 2.49 1175.40 377.58 0.19 C- RIVR -<EX CL> 770.7 0.01 1420.00 396.07 403.50 400.61 403.53 0.000651 2.71 1369.96 420.78 0.18 C- RIVR -<EX CL> 639.6 0.01 1420.00 394.77 403.44 403.47 0.000338 2.10 1612.54 431.16 0.13 C- RIVR -<EX CL> 562.06 0.01 1420.00 394.18 403.42 403.45 0.000299 2.05 1511.28 475.88 0.13 C- RIVR -<EX CL> 494.75 0.01 1420.00 393.93 403.36 403.41 0.000561 2.97 944.29 518.09 0.18 C- RIVR -<EX CL> 373.1 0.01 1420.00 391.46 403.15 395.75 403.31 0.000551 3.50 484.80 472.23 0.18 C- RIVR -<EX CL> 269.92 Culvert C- RIVR -<EX CL> 198.32 0.01 1420.00 389.30 398.07 398.33 0.001385 4.18 361.35 91.87 0.27 C- RIVR -<EX CL> 0 0.01 1420.00 390.23 397.12 395.82 397.73 0.006002 7.35 375.95 170.03 0.53 HEC -RAS Plan: Boardwalk2 River: UT to Swift Cree Reach: Restoration Reac Profile: 0.01 Reach River Sta Profile Q Total Min Ch El W.S. Elev Crit W.S. E.G. Elev E.G. Slope Vel Chnl Flow Area Top Width Froude # Chi (cfs) (ft) (ft) (ft) (ft) (ft/ft) (ft/s) (sq ft) (ft) Restoration Reac 3518.58 0.01 983.00 411.57 418.40 418.40 419.37 0.014230 8.96 196.87 125.06 0.68 Restoration Reac 3333.64 0.01 983.00 409.16 415.33 415.66 0.005581 6.06 336.04 160.95 0.48 Restoration Reac 3188.18 0.01 983.00 409.44 414.71 414.91 0.004363 5.26 419.50 193.90 0.43 Restoration Reac 3001.93 0.01 1217.00 408.08 413.35 413.77 0.008058 6.96 369.04 183.71 0.58 Restoration Reac 2826.35 0.01 1217.00 407.17 412.03 412.37 0.007683 6.59 399.77 228.03 0.57 Restoration Reac 2697.59 0.01 1217.00 406.14 411.19 411.48 0.006097 6.06 416.45 184.64 0.51 Restoration Reac 2562.78 0.01 1217.00 404.56 409.97 410.45 0.009344 7.52 340.24 174.68 0.62 Restoration Reac 2421.92 0.01 1217.00 403.72 409.59 409.72 0.002597 4.41 579.42 235.26 0.34 Restoration Reac 2297.43 0.01 1322.00 402.95 409.15 409.34 0.003531 5.26 596.21 257.78 0.39 Restoration Reac 2148.38 0.01 1322.00 402.17 408.49 408.76 0.004162 5.72 530.52 270.68 0.43 Restoration Reac 2032.21 0.01 1322.00 402.18 408.02 408.25 0.004426 5.72 551.69 276.46 0.44 Restoration Reac 1938.85 0.01 1322.00 400.98 407.71 407.88 0.003175 5.03 635.66 300.43 0.37 Restoration Reac 1792.65 0.01 1322.00 400.44 407.26 407.42 0.003052 4.90 636.38 272.33 0.36 Restoration Reac 1688.90 0.01 1322.00 400.96 406.99 405.55 407.12 0.002841 4.64 732.78 339.95 0.35 Restoration Reac 1677.02 Bridge Restoration Reac 1665.15 0.01 1322.00 400.97 406.73 406.83 0.002479 3.79 687.67 323.67 0.29 Restoration Reac 1576.12 0.01 1322.00 400.12 406.41 406.56 0.003216 4.90 647.20 291 .42 0.37 Restoration Reac 1431.41 0.01 1420.00 400.35 405.61 405.89 0.006774 6.53 506.79 235.93 0.53 Restoration Reac 1337.56 0.01 1420.00 400.05 404.82 405.15 0.009177 7.08 471.20 245.42 0.61 Restoration Reac 1208 0.01 1420.00 397.82 404.21 403.18 404.35 0.003938 5.00 720.88 350.63 0.40 Appendix H. Stream Restoration Easement After recording, return to: Engkieering Departn ail t. ReW L-stattl 5 e0 lar' P. 0. Box 8005 Cary, NC 27572.8005 NORTH CAROLINA WARE COUNTY GREENWAY EASEMENT THIS DEED OF EASEMENT, made this f day of T -APJ e- 20�2—, by Edward B. Hempstead and Barbara M. Hempstead, husband and wife, Grantors, to the TOWN OF CARY, a municipal corporation of the State of North Carolina, Grantee. The designation Grantors 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. r WITNESSETH: THAT the Grantors for a.valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged have bargained and sold and by these presents do hereby bargain, sell, and convey unto the Grantee its successors and assigns, in conjunction with the Higgins Greenway Project, the right, privilege and easement, now and hereafter described for greenway purposes with or without park' facilities or park improvements and make improvements to construct, install, improve, remove, replace, Operate, inspect, repair and maintain a system of trails, paths and walkways, together with all the appurtenant appliances necessary or convenient thereto, including unlimited egress and ingress from and rc to any land or facility owned or used by the Town of Cary wherever such land or facility may be located; in, upon, and across the landsawned by the Grantor lying in Wake County, N.C., described in Deed Soak 2896 Page 535 -537, Wake County Registry and being more particularly described as follows: N ' All of that stri p "of land approximately 30 feet in width lying adjacent to and north of Lot 3 of Russell Hills Extended, according to a map dated May 3, 1955 and recorded in Book of Maps 1955, Page 30, Wake County Registry; said strip being formerly designated as a future extension of said map recorded in Book of Maps 1955, Page 30,. Wake County Registry, as per survey of Moore, Gardner and . Associates, Inc: `7uly 26, 1976. TO HAVE AND TO HOLD the aforesaid easement and all privileges and appurtenances thereunto belonging to the said Grantee, its successors and assigns forever and the same Grantors do GE � e 7ant that they are seized of said premises in fee and have the right to convey the same, that the same are free from encumbrances and that they will warrant and defend the said title to the same against claims of all persons whosoever. INT WITNESS WHEREOF, the Grantors have hereunto set their hand and seal, or if corporate, have caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of the Board of Directors, the day and year first above written. (SEAT,} (SEAL) NORTH CAROLINA COUNTY OF I, '� '" a �it•n j a Notary Public for said county and state, do hereby certify that Edward B. Hempstead and Barbara M. Hempstead personally appeared before me this day and acknowledged the due execution of the forego g instrument. WITNESS my hand and official seal this __J:� day of -'Y-u-k 20�21 My commission expires.: S �.s -in /n ' �y���wE�,acu��ErrrProrrAF�r IC/ :C) r �3 GE -+ c . NOTARY PUBLIC After recofo'ing, rc:trrr'n to, Ei?gineer'ing Department Heal Estate Section P, d. Box 8005 Cary, NC 27512 -8005 WARE COUNTY GREENWAY EASEMENT THIS DEED OF EASEMENT, inade this ti ` day of 200, by Donald James Thomas and Sharon Marie Thomas, husband and wife, Grantors, to the TOWN OF CARY, a municipal corporation of the State of North Carolina, Grantee. The designation Grantors 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. WITNES SETH: THAT the Grantors for a valuabli consideration paid by the Grantee, the receipt of which is hereby acknowledged have bargained and sold and by these presents do hereby bargain, sell, and convey unto the Grantee its successors and assigns, in conjunction with the Higgins Greenway Project, the right, privilege and easement, now and hereafter described for greenway purposes with or without park ..facilities or park improvements and make,improvements to construct, install, improve, remove, replace, operate, inspect, repair and maintain a system of trails, paths and walkways, together with all the appurtenant appliances necessary or convenient. thereto, including unlimited egress and ingress from and to any land or facility owned 'br used by the Town of Cary wherever such land of facility may be located; in, upon, and across the lands owned by the Grantor lying in Wake County, N.C., described in Deed Book 5710 Page 732- 733,.Wake County Registry and being more particularly described as follows: All of the northern one -half of that certain tract designated as a "future extension" and Iving between Lots 3 & 4, Russell Hills Extended and lying west of Union Street as shown on a map of Russell Hills Extended prepared by Collier -Cobb, revised May 3, 1955, and recorded in Book of Maps 1955, Page 30, Wake County Registry, said norther, half having a width extending from the southern line of Lot 4 to the center line of the closed street extension {34.0 feet} and extending the entire length of said southern line as provided in the above- reference statute (207,03 feet). GE TO HAVE AND TO HOLD the aforesaid easement and all privileges and appurtenances thereunto belonging to the said Grantee, its successors and assigns forever and the same Grantors do covenant that they are seized of said premises in fee and have the right to convey the same, that the same are free from encumbrances and that they will warrant and defend the said title to the same against claims of all persons whosoever. IN WITNESS WHEREOF, the Grantors have hereunto set their hand and seal, or if corporate, have caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of the Board of Directors, the day and year first above written. NORTH CAROLINA, COUNTY OF' A We L 1 C�c> -7 L-.1 61V a Notary Public for said county and state, do hereby certify that Donald James Thomas and Sharon Marie Thomas personally appeared before me this day and acknowledged the due execution of the fore og * g instrumen WITNESS my hand an offi i al seal this ,�7`r day of ? 4�' My commission expires: fS' GlG . t ■ .`'14,1,`1'A�uti��rrrrflf.,,�,. NO ARY PUBLIC' NOTARY _ PUB LIC CO U W 6m NORTH CAROLINA COUNTY OF WAKE THIS DEED OF EASEMENT, made this Mall AFTER RECORDING to: Patrick C. Lee Engineering Dept, P. 0, Box 8005 Cary, NC 27512 -8005 STREAM RESTORATION EASEMENT day of 7p _r) 7, by Mark K. Barr and Jean B. Barr Grantors, to the Town of Cary, a municipal corporation of the State of North Carolina, Grantee. The designation Grantors and Grantee as used herein shall include said parties, their heirs, successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH.- WHEREAS, Grantee has determined the need for improvements to the stream channel and riparian buffer currently existing on a portion of Grantor's property and needs access to that portion of the Property described in the easement area in order to proceed with the installation, construction, repair and maintenance of said improvements; WHEREAS, the Grantors are the owners of a certain tract of land located iii Wake County, North Carolina and more particularly described in Deed Book 8450 at page 2275, and the Grantors, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, have bargained and sold and by these presents do hereby bargain, sell, and convey unto the Grantee for use as a stream restoration easement incidental to the Swift Creek Stream Restoration Project (which shall include, but not be limited to the installation, inspection, replacement, repair and/or maintenance of such facilities and related appurtenances as may be necessary for the transmission and modification of storm water runoff); WHEREAS, Grantor and Grantee recognize that the Easement Area will be disturbed during the construction, relocation and installation of the referenced improvements, but desire to see the Easement Area restored to a natural state and maintained in that condition at the completion of the stream restoration proj ect. NOW, THEREFORE, for and in consideration of the premises and the mutual covenants, terms, conditions and restrictions contained herein, and pursuant to the laws of North Carolina, Grantor hereby grants and conveys unto Grantee this Stream Restoration Easement in perpetuity over the Easement Area described in Exhibit A of the nature and character and to the extent hereinafter set forth: BARR STREAM RESTORATION EASEMENT(R ).Doc I . Pu ose. The purpose of this Conservation Easement is to give Grantee the right to enter upon the Easement Area, including unlimited egress and ingress from and to the Easement Area across the rear or westernmost portion of the Property, to construct, operate and maintain channel improvement works on, over, and across the Easement Area including the right to clear, cut, fell, remove and dispose of any and all timber, trees, underbrush, buildings, improvements, and/or other obstructions there from; to excavate, dredge, cut away, and remove any or all of said land and to place thereon fill, dredge or spoil material; to shift the location of the stream as needed to achieve the stream restoration goals and for such other purposes as may be required in connection with said work of improvement, The intent of the restoration in this area is to wholly relocate the stream from its existing channel to a location on the property to the west of Grantor's. Upon completion of the stream restoration improvements, the purpose of this Easement is to give Grantee the perpetual right to restore, maintain and enhance the Easement Area to a natural, undeveloped condition that contributes to the protection and improvement of water quality, flood protection, wildlife and aquatic habitat, and prevent any use of the protected Easement Area that will significantly impair or interfere with these purposes. 2. Prohibited and Restricted Activities. Upon completion of the stream restoration proj ect in the Easement Area, any activity on, or use of, the Easement Area inconsistent with the purpose of this Easement is prohibited. The Easement Area shall be preserved in its natural condition and restricted from any activity 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: I Grantor's Reserved Rights. The Grantor expressly reserves for himself, his personal representatives, heirs, successors or assigns, the right to continue the use of the property within the Easement Area for all purposes not inconsistent with the Easement, including, but not limited to, the ri ght to quiet enjoyment of the Property, the rights of ingress and egress, 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 Easement, and except that Easement Area may not be subdivided, partitioned nor conveyed, except in its current configuration as an entity or block of property as described in Exhibit A. 4. Grantee's Rights. The Grantee or its authorized representatives, successors and assigns, and Third- Parties, shall have the right to enter the Easement Area 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 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. TO HAVE AND TO HOLD the aforesaid easement and all privileges and appurtenances thereunto belonging to the said Grantee, its successors and assigns forever and the same Grantors do covenant that they are seized of said premises in fee and have the right to convey the same, that the same are free from encumbrances and that they will warrant and defend the said title to the same against claims of all persons whosoever. BARR STREAM RESTORATION EASEMENT (R).DOC i d, IN WITNESS WIEREOF, the Grantors have hereunto set their hand and seal, or if corporate, ' have caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of the Board of Directors, the day and year first above written. —L !&A k' &rt i (SEAL} STATE OF NORTH CAROLINA COUNTY OF t Oe-c, iv J) k t (SEAL} C, G =9be i A notary Public of the County and State aforesaid, certify that 1� r1S 1�P�crr s e� n I3. 6c,; r Grantor, personally appeared before me this day and acknowledged the execution of the foregoing instrument to be of his free act and deed. WITNESS my hand and official stamp or seal, this the �2V day of Al 2� �4ti ��neo..en �iy� f %✓.. 0°°o °� r Notary Public = cZ NOTARY s r S e 1N k Jrt �. My Commission Expires: SJ�� = �° BARR STREAM RESTORATION EASEMENT (R).Doc EX141DIT A: Being all that Property of the Grantors contained within the existing Drainage Easement as shown on Lot 13 of a certain map as recorded in Book of Maps 1965 page 240, Wake County Registry. BARR STREAM RESTORATION EASEM ENT (R).000 Mail AFTER RECORDING to: Patrick C. Les Engineering Dept. P. C, Box 80055 Cary, NC 27512.8005 NORTH CAROL NIA STREAM RESTORATION EASEMENT COUNTY OF WAKE THIS DEED OF EASEMENT, made this 9 I+k day of :;1:1AJ O 20b�L by Thomas Scott Cooper and Rebecca Tones Cooper Grantors, to the Town of Cary, a municipal corporation of the State of North Carolina, Grantee. The designation Grantors and Grantee as used herein shall include said parties, their heirs, successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH: WHEREAS, Grantee has determined the need for improvements to the stream channel and riparian buffer currently existing on a portion of Grantor's property and needs access to that portion of the Property described in the easement area in order to proceed with the installation, construction, repair and maintenance of said improvements-, WHEREAS, the Grantors are the owners of a certain tract of land located in Wake County, North Carolina and more particularly described in Deed Book 11785 at page 478, and the Grantors, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, have bargained and sold and by these presents do hereby bargain, sell, and convey unto the Grantee for use as a stream restoration easement incidental to the Swift Creek Stream Restoration Project (which shall include, but not be limited to the installation, inspection, replacement, repair and/or maintenance of such facilities and related appurtenances as may be necessary for the transmission and modification of storm water runoff}; ❑ HEREAS, Grantor and Grantee recognize that the Easement Area will be disturbed during the construction, relocation and installation, of the referenced improvements, but desire to see the Easement Area restored to a natural state and maintained in that condition at the completion of the stream restoration proj ect. NOW, THEREFORE, for and in consideration of the premises and the mutual covenants, terms, conditions and restrictions contained herein, and pursuant to the laws of North Carolina, Grantor hereby grants and conveys unto Grantee this Stream Restoration Easement in perpetuity over the Easement Area Described in Exhibit A of the nature and character and to the extent hereinafter set forth: EAM RESTORATION EASEMENT (R).DOC 1. Purpose. The purpose of this Conservation Easement is to give Grantee the right to enter upon the Easement Area, including unlimited egress and ingress from and to the Easement Area across the rear or westernmost portion of the Property, to construct, operate and maintain channel improvement works on, over, and across the Easement Area including the right to clear, cut, ,fell, remove and dispose of any and all timber, trees, underbrush, buildings, improvements, and/or other obstructions there from; to excavate, dredge, cut away, and remove any or all of said land and to place thereon fill, dredge or spoil material, to shift the location of the stream as needed to achieve the stream restoration goals and for such other purposes as may be required in connection with said work of improvement. The intent of the restoration in this area is to wholly relocate the stream from its existing channel to a location on the property to the west .of Grantor's. Upon completion of the stream restoration improvements, the purpose of this Easement is to give Grantee the perpetual right to restore, maintain and enhance the Easement Area to a natural, undeveloped condition that contributes to the protection and improvement of water quality, flood protection, wildlife and aquatic habitat, and prevent any use of the protected Easement Area that will significantly impair or interfere with these purposes. 2. Prohibited and Restricted Activities. Upon completion of the stream restoration proj ect in the Easement Area, any activity on, or use of, the Easement Area inconsistent with the purpose of this Easement is prohibited. The Easement Area shall be preserved in its natural condition and restricted from any activity 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: I Grantor's Reserved Rights. The Grantor expressly reserves for himself, his personal representatives, heirs; successors or assigns, the right to continue the use of the property within the Easement Area for all purposes not inconsistent with the Easement, including, but not limited to, the right to quiet enjoyment of the Property, the rights of ingress and egress, 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 specillcally reference, this Easement, and except that Easement Area may not be subdivided, partitioned nor conveyed, except in its current configuration as an entity or block of property as described in Exhibit A. 4. Grantee's Rights. The Grantee or its authorized representatives, successors and assigns, and Third - Parties, shall have the right to enter the Easement Area 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 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. TO HAVE AND TO HOLD the aforesaid easement and all privileges and appurtenances thereunto belonging to the said Grantee, its successors and assigns forever and the same Grantors do covenant that they are seized of said premises in fee and have the right to convey the same, that the same are free from encumbrances and that they will warrant and defend the said title to the same against claims of all persons whosoever. COOPER STREAM RESTORATION EASEMENT (R).DOC f IN WITNESS WHEREOF, the Grantors have hereunto set their hand and seal, or if corporate, have caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of the Board of Directors, the day and year first above written. (SEAL) (SEAL} STATE OF NORTH CAROLINA COUNTY OF WAKE I, 2�LU Qa A notary Public of the County and State aforesaid, certify that �l��Y►� :VX-&=,Grantor, personally appeared before me this day and acknowledged the execution a the farego`f 1i 4nstrument to be of his free act and deed. WITNESS my hand and official stamp or seal, this thZ qay of__-JUf�Q 204 Tn� Q.L'a-r' 1-13LLmm, Notary Public My Commission Expires: 1 ° p�Z12-1110 COOPER STREAM RESTORATION SAS EMENT(R).DOC Being all that Property of the Grantors contained within the existing Drainage Easement as shown on Lot 12 of a certain map as recorded in Book of Maps 1955 page 240, Wake County Registry. COOPER STREAM RESTORATION EASEMENT(R).DOC r' R. �} a L NORTH CAROLINA COUNTY OF WAKE Mail AFTER RECORDING to: Patrick C. Lee Engineering Dept. P. O. Box 8005 Cary, NC 27512 -8005 STREAM RESTORATION EASEMENT THIS DEED OF EASEMENT, made this ' j +k day of a &) o _ . 209-j_, by Thomas Scott Cooper and Rebecca Jones Cooper Grantors, to the Town of Cary, a municipal corporation of the State of North Carolina, Grantee. The designation Grantors and Grantee as used herein shall include said parties, their heirs, successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH: WHEREAS, Grantee has determined the need for improvements to the stream channel and riparian buffer currently existing on a portion of Grantor's property and needs access to that portion of the Property, described in the easement area in order to proceed with the installation, construction, repair and maintenance of said improvements; WHEREAS, the Grantors are the owners of a certain tract of land located in Wake County, North Carolina and more particularly described in Deed Hook 012589 at page 00951, and the Grantors, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, have bargained and sold and by these presents do hereby bargain, sell, and convey unto the Grantee for use as a stream restoration easement incidental to the Swift Creek Stream Restoration Project (which shall include, but not be limited to the installation, inspection, replacement, repair and/or maintenance of such facilities and related appurtenances as may be necessary for the transmission and modification of storm water runoff); WHEREAS, Grantor and Grantee recognize that the Easement Area will be disturbed during the construction, relocation and installation of the referenced improvements, but desire to see the Easement Area restored to a natural state and maintained in that condition at the completion of the stream restoration project. IOW, THEREFORE, for and in consideration of the premises and the mutual covenants, terms, conditions and restrictions contained herein, and pursuant to the laws of North. Carolina, Grantor hereby grants and conveys unto Grantee this Stream Restoration Easement in perpetuity over the Easement Area described in Exhibit A of the mature and character and to the extent hereinafter set forth: 8RENNAN2 STREAM RESTORATION EASEMENT(R ),Doc I . Pu ose. The purpose of this Conservation Easement is to give Grantee the right to enter upon the Easement Area, including unlimited egress and ingress from and to the Easement Area across the rear or westernmost portion of the Property, to construct, operate and maintain channel improvement works on, over, and across the Easement Area including the right to clear, cut, fell, remove and dispose of any and all timber, trees, underbrush, buildings, improvements, and/or other obstructions there from; to excavate, dredge, cut away, and remove any or all of said land and to place thereon fill, dredge or spoil material; to shift the location of the stream as needed to achieve the stream restoration goals and for such other purposes as may be required in connection with said work of improvement. The intent of the restoration in this area is to wholly relocate the stream from its existing channel to a location on the property to the west of Grantor's. Upon completion of the stream restoration improvements, the purpose of this Easement is to give Grantee the perpetual right to restore, maintain and enhance the Easement Area to a natural, undeveloped condition that contributes to the protection and improvement of water quality, flood protection, wildlife and aquatic habitat, and prevent any use of the protected Easement Area that will significantly impair or interfere with these purposes. 2. Prohibited and Restricted Activities. Upon completion of the stream restoration project in the Easement Area, any activity on, or use of, the Easement Area inconsistent with the purpose of this Easement is prohibited. The Easement Area shall be preserved in its natural condition and restricted from any activity 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. 3. Grantor's Reserved Rights. The Grantor expressly reserves for himself, his personal representatives, heirs, successors or assigns, the right to continue the use of the property within the Easement Area for all purposes not inconsistent with the Easement, including, but not limited to, the right to quiet enjoyment of the Property, the rights of ingress and egress, 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 Easement, and except that Easement Area may not be subdivided, partitioned nor conveyed, except in its current configuration as an entity or block of property as described in Exhibit A. 4. Grantee's RiLThts. The Grantee Or its authorized representatives, successors and assigns, and Third - Parties, shall have the right to enter the Easement Area 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 Easement. The Grantee shall also have the right to enter and go upon the Property for purposes of snaking scientific or educational observations and studies, and taking samples. The easement rights granted herein do not include public access rights. TO HAVE AND TO HOLD the aforesaid easement and all privileges and appurtenances thereunto belonging to the said Grantee, its successors and assigns forever and the same Grantors do covenant that they are seized of said premises in fee and have the right to convey the same, that the same are free from encumbrances and that they will warrant and defend the said title to the same against claims of all persons whosoever. $RENNAN2 STREAM RESTORATION EASEMENT(R),0OC .f IN WITNESS WHEREOF, the Grantors have hereunto set their hand and seal, or if corporate, have caused this instrument to be signed in its corporate name by its duly authorized officers and its sea] to be hereunto affixed by authority of the Board of Directors, the day and year first above written. —rK1,11.••a.•� (SEAL) (SEAL) J71,-w (SEAL) (SEAL} STATE OF NORTH CAROLINA COUNTY OF WAKE I, .'`zc�_-1.�` L�4, a notary Public of the County. and State aforesaid, certify that t C Ctcp—o -QMf,,rrn grantor, personally appeared before me this day and acknowledged the execution of the foregoing ent to be of his free act and deed. WITNESS my Band and official stamp or sea], this the lay of SLR, _ __, 200 _D Notary Public Notary Public My Commission Expires: f1( -�� E3 RENNAN2 STREAM Rr=sT 0 RAT10N EASEMENT (R).000 I Being all that Property of the Grantors contained within the existing Drainage Basement as shown on Lot 11 of a certain map as recorded in Book of Maps 1965 page 240, Wake County Registry. BRENNAN2 STREAM RESTORATION EASE MENT(R),DOC NORTH CAROLINA Mail AFTER SECORDIN ^u to Patrick C. Lee Engineering Dept. P. ❑. Box 8005 Cary, NO 27312-8003 STREAM RESTORATION EASEMENT COUNTY OF WAKE THIS DEED OF EASEMENT, made this day of° 20� by Elmer F. Miller and Mabel S. Miller Grantors, to the Town of Cary, a municipal corporation of the State of North Carolina, Grantee, The designation Grantors and Grantee as used herein shall include said parties, their heirs, successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH: WHEREAS, Grantee has determined the need for improvements to the stream channel and riparian buffer currently existing on a portion of Grantor's property and needs access to that portion of the property described in the easement area in order to proceed with the installation, construction, repair and maintenance of said improvements; WHEREAS, the Grantors are the owners of a certain tract 'of land located in Wake County, North Carolina and more particularly described in Reed Book 1744 at page 0012, and the Grantors, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, have bargained and sold and by these presents do hereby bargain, sell, and convey unto the Grantee for use as a stream restoration easement incidental to the Swift Creek Stream Restoration Proj ect (which shall include, but not be limited to the installation, inspection, replacement, repair and/or maintenance of such facilities and related appurtenances as may be necessary for the transmission and modification of storm water runoff); WHEREAS, Grantor and Grantee recognize that the Easement Area will be disturbed during the construction, relocation and installation of the referenced improvements, but desire to see the Easement Area restored to a natural state and maintained in that condition at the completion of the stream restoration proj ect. NOW, THEREFORE, for and in consideration of the premises and the mutual covenants, terms, conditions and restrictions contained herein, and pursuant to the laws of North Carolina, Grantor hereby grants and conveys unto Grantee this Stream Restoration Easement in perpetuity over the Easement Area described in Exhibit A of the nature and character and to the extent hereinafter set forth: !MILLER STREAM RESTORATION EASEMENT(R).DOC I . PPose. The purpose of this Conservation Easement is to give Grantee the right to enter upon the-Easement Area, including unlimited egress and ingress from and to the Easement Area across the rear or westernmost portion of the Property, to construct, operate and. maintain channel improvement works on, over, and across the Easement Area including the right to clear, cut, fell, remove and dispose of any and all timber, trees, underbrush, buildings, improvements, and/or other obstructions there from; to excavate, dredge, cut away, and remove any or all of said land and to place thereon fill, dredge or spoil material, to shift the location of the stream as needed to achieve the stream restoration goals and for such other purposes as may be required in connection with said work of improvement. The intent of the restoration in this area is to wholly relocate the stream from its existing channel to a location bn the property to the west of Grantor's. Upon completion of the stream restoration improvements, the purpose of this Easement is to give Grantee the perpetual-right to restore, maintain and enhance the Easement Area to a natural, undeveloped condition that contributes to the protection and improvement of water quality, flood protection, wildlife and aquatic habitat, and prevent any use of the protected Easement Area that will significantly impair or interfere with these purposes. 2. Prohibited and Restricted Activities. Upon completion of the stream restoration project in the Easement Area, any activity on, or use of, the Easement Area inconsistent with the purpose of this Easement is prohibited. The Easement Area shall be preserved in its natural condition and restricted from any activity 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: 3. Grantor's Reserved Rights. The Grantor expressly reserves for himself, his personal representatives, heirs, successors or assigns, the right to continue the use of the property within the Easement Area for all purposes not inconsistent with the Easement, including, but not limited to, the right to quiet enjoyment of the Property, the rights of ingress and egress, 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 Easement, and except that Easement Area may not be subdivided, partitioned nor conveyed, except in its current configuration as an entity or block of property as described in Exhibit A. 4. Grantee's Rights. The Grantee or its authorized representatives, successors and assigns, and Third - Parties, shall have the right to enter the Easement Area 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 Easement. The Grantee shall, also have the right to enter and go upon the Pzoperty for purposes of making scientific or educational observations and studies, and taking samples. The easement rights granted herein do not include public access rights. TO HAVE AND TO HOLD the aforesaid easement and all privileges and appurtenances thereunto belonging to the said Grantee, its successors and assigns forever and the same Grantors do covenant that they are seized of said premises in fee and have the right to convey the same, that the same are free from encumbrances and that they will warrant and defend the said title to the same against claims of all persons whosoever. MILLER STREAM RESTORATION EASEMENT (R).00C IN WITNESS WHEREOF, the Grantors have Hereunto set their hand and seal, or if corporate, have caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of the Board of Directors, the day and year first above written. AL) �.J STATE OF NORTH CAROLINA COUNTY '7,a notary Public of the County and State aforesaid, certify that Elmer F. Miller and Mabel S. Miller, Grantor, personally appeared before me this day and acknowledged the execution of the foregoing instrument to be of his free act and deed. WITNESS my hand and official stamp or seal, this thP-\ day of , 2Qp �. 0 pv Notary Public � o �- My Commission Expires: �,�.,•, A� \0 d�d�ar5�era��� °e MILLER STREAM RESTORATION EASEMENT(s),00c z-� EXHIBIT A: Being aH that Property of the Grantors contained within the existing Drainage Easement as shown on Lot 8 of a certain map as recorded in -Book of Maps 1965 page 240, Wake County Registry. MILLER STREAM RESTORATI0N EASEM ENT (R).Dcc Mail AFTER RECORDING to: Patrick C. Lee Engineering Dept, P. Q. Sox 8005 'Cary. NC 27512 -8005 NORTH CAROLINA STREAM RESTORATION EASEMENT COUNTY OF WAKE THIS DEED OF EASEMENT, made this �7 day of PV��- 2q�—� by Dale A. Gyongyos and Bruce M: Gyongyos Grantors, to the Town of Cary, a municipal corporation of the State of North Carolina, Grantee. The designation Grantors and Grantee as used herein shall include said parties, their heirs, successors and assigns, and shall include singular, plural, masculine, Feminine or neuter as required by context. WITNESSETH: WHEREAS, Grantee has determined the need for improvements to the stream channel and riparian buffer currently existing on a portion of Grantor's property and needs access to that portion of the Property described in the easement area in order to proceed with the installation; construction, repair and maintenance of said improvements; WHEREAS, the Grantors are the owners of a certain tract of land located in Wake County, North Carolina and more particularly described in Deed Book 8082 at page 2703, and the Grantors, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, have bargained and sold and by these presents do hereby bargain, sell, and convey unto the Grantee for use as a stream restoration easement incidental to the Swift Creek Stream Restoration Project (which shall include, but not be lir ited to the installation, inspection, replacement, repair and/or maintenance of such facilities and related appurtenances as may be necessary for the transmission and modification of storm water runoff); r WHEREAS, Grantor and Grantee recognize that the Easement Area will be disturbed during the construction, relocation and installation of the referenced improvements, but desire to see the Easement Area restored to a natural state and maintained in that condition at the completion of the stream restoration proj ect. NOW, THEREFORE, for and in consideration of the premises and the mutual covenants, terms, conditions and restrictions contained herein, and pursuant to the laws of North Carolina, Grantor hereby grants and conveys unto Grantee this Stream Restoration Easement in perpetuity over the Easement Area described in Exhibit A of the nature and character and to the extent hereinafter set forth: GYONGYOS STREAM RESTORATION EASEMENT (R),DOC I . Purpose. The purpose of this Conservation Easement is to give Grantee the right to enter upon the Easement Area, including unlimited egress and ingress from and to the Easement Area across the rear or westernmost portion of the Property, to construct, operate and maintain channel improvement works on, over, and across the Easement Area including the right to clear, cut, fell, remove and dispose of any and all timber, trees, underbrush, buildings, improvements, and/or other obstructions there from; to excavate, dredge, cut away, and remove any or all of said land and to place thereon fill, dredge or spoil material; to shift the location of the stream as needed to achieve the stream restoration goals and for such other purposes as may be required in connection with said work of improvement. The intent of the restoration in this area is to wholly relocate the stream from its existing channel to a location on the property to the west of Grantor's. Upon completion of the stream restoration improvements, the purpose of this Easement is to give Grantee the perpetual right to restore, maintain and enhance the Easement Area to a natural, undeveloped condition that contributes to the protection and improvement of water quality, flood protection, wildlife and aquatic habitat, and prevent any use of the protected Easement Area that will significantly impair or interfere with these purposes. 2. Prohibited and Restricted Activities. Upon completion of the stream restoration project in the Easement Area, any activity on, or use of, the Easement Area inconsistent with the purpose of this Easement is prohibited. The Easement Area shall be preserved in its natural condition and restricted from any activity 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: 3. Grantor's Reserved Rights. The Grantor expressly reserves for himself, his personal representatives, heirs, successors or assigns, the right to continue the use of the property within the Easement Area for all purposes not inconsistent with the Easement, including, but not limited to, the right to quiet enjoyment of the Property, the rights of ingress and egress, 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 Easement, and except that Easement Area may not be subdivided, partitioned nor conveyed, except in its current configuration as an entity or block of property as described in Exhibit A. 4. Grantee's Rights. The Grantee or its authorized representatives, successors and assigns, and Third- Parties, shall have the right to enter the Easement Area 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 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. TO HAVE AND TO HOLD the aforesaid easement and all privileges and appurtenances thereunto belonging to the said Grantee, its successors and assigns forever and the same Grantors do covenant that they are seized of said premises in fee and have the right to convey the same, that the same are free from encumbrances and that they will warrant and defend the said title to the same against claims of all persons whosoever. GYONGYOS STREAM RESTORATION EASEMENT(R).000 IN WITNESS WHEREOF, the Grantors have hereunto set their hand and seal, or if corporate, have caused this instrument to be si.zaed in its corporate name by its duly authorized officers and its seal f the Board of Directors, the day and year first above written. STATE OF NORTH CAROLINA COUNTY OF WAKE i EAL) EAL) L A �D NO Ak-4V'��,, a notary Public of the County and State aforesaid, certify that Dale A. Gyongyos and Bruce M. Gyongyos, Grantor, personally appeared before me this day and acknowledged the execution of the foregoing instrument to be of his free act and deed. 'r WITNESS my hand and official stamp or seal, this the 1day of , 2001L Notary P lic ' 0 TARS t4 :z My Commission Expires: r Any cowtskn E`s 2-29-20M. `S9__•f -�; ..� U 8 LAG r�� GYONGYOS STREAM R5STORATION EASEMENT(R).000 EXHIBIT A: Being all that Property of the Grantors contained within the existing Drainage Easement as shown on Lot 9 Lochaven subdivision as recorded in Book of Maps 1965 page 240, Wake County Registry. GYONGYOS STREAM RESTORATION EASEMENT (R).000 Mail AFTER RECORDING to: Patrick C. Lee Engineering Dept. P. o. Box 8005 Cary, NC 27512 -8045 NORTH CAROLINA STREAM RESTORATION EASEMENT COUNTY OF WAKE THIS DEED OF EASEMENT, made this Y day of l C- 4 by Jackson M. McClain and Margaret M. McClain, Grantors, to the Town of Cary, a municipal corporation of the State of North Carolina, Grantee. The designation Grantors 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. WI ESSETH: WHEREAS, Grantee has determined the need for improvements to the stream channel and riparian buffer currently existing on a portion of Grantor's property and needs access to that portion of the Property described in the easement area in order to proceed with the installation, construction, repair and maintenance of said improvements, 'WHEREAS, the Grantors are the owners of a certain tract of land located in Wake County, North Carolina and more particularly described in Deed Book 2005 at page 554, and the Grantors, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, have bargained and sold and by these presents do hereby bargain, sell, and convey unto the -Grantee for use as a stream restoration easement incidental to the Swift Creek Stream Restoration Project (which shall include, but not be limited to the installation, inspection, replacement, repair and/or maintenance of such facilities and related appurtenances as may be necessary for the transmission and modification of storm water runoff), WHEREAS, Grantor and Grantee recognize that the Easement Area will be disturbed during the construction, relocation and installation of the referenced improvements, but desire to see the Easement Area restored to a natural state and maintained in that condition at the completion of the stream restoration project. NOW, THEREFORE, for and in consideration of the premises and the mutual covenants, terms, conditions and restrictions contained herein, and pursuant to the laws of North Carolina, Grantor hereby grants and conveys unto Grantee this Stream Restoration Easement in perpetuity over the Easement Area described in Exhibit A of the nature and character and to the extent hereinafter set forth: MCCLAIN S"CRCAm REs7oRA7ioN 5AS5M5N7(R).000 I . Pumose. The purpose of this Conservation Easement is to give Grantee the right to enter upon the Easement Area, including unlimited egress and ingress from and to the Easement Area across the rear or westernmost portion of the Property, to construct, operate and maintain channel improvement works on, over, and across the Easernent Area including the right to clear, cut, fell, remove and dispose of any and all timber, trees, underbrush, buildings, improvements, and/or other obstructions there from; to excavate, dredge, cut away, and remove any or all of said land and to place thereon fill, dredge or spoil material; to shift the location of the stream as needed to achieve the stream restoration goals and for such other purposes as rnay be required in connection with said work of improvement. The intent of the restoration in this area is to wholly relocate the stream from its existing channel to a location on the property to the west of Grantor's. Upon completion of the stream restoration improvements, the purpose of this Easement is to give Grantee the perpetual right to restore, maintain and enhance the Easement Area to a natural, undeveloped condition that contributes to the protection and improvement of water quality, flood protection, wildlife and aquatic habitat, and prevent any use of the protected Easement Area that will significantly impair or interfere with these purposes. 2. Prohibited and Restricted Activities. Upon completion of the stream restoration project in the Easement Area, any activity on, or use of, the Easement Area inconsistent with the purpose of this Easement is prohibited. The Easement Area shall be preserved in its natural condition and restricted from any activity 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: 3. Grantor's Reserved Rights. The Grantor expressly reserves for himself, his personal representatives, heirs, successors or assigns, the right to continue the use of the property within the Easement Area for all purposes not inconsistent with the Easement, including, but not limited to, the right to quiet enjoyment of the Property, the rights of ingress and egress, 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 Easement, and except that Easement Area may not be subdivided, partitioned nor conveyed, except in its current configuration as an entity or block of property as described in Exhibit A. 4. Grantee's Riahts. The Grantee or its authorized representatives, successors and assigns, and Third - Parties, shall have the right to enter the Easement Area at all reasonable times for the purpose of inspecting said property to detencnine if the Grantor, or his personal representatives, heirs, successors, or assigns, is complying with the terms, conditions, restrictions, and purposes of this 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. TO HAVE AhrD TO HOLD the aforesaid easement and all privileges and appurtenances thereunto belonging to the said Grantee, its successors and assigns forever and the same Grantors do covenant that they are seized of said premises in fee and have the right to convey the same, that the same are free from encumbrances and that they will warrant and defend the said title to the saine against claims of all persons whosoever. MCCLAIN STREAM RESTORATION EASEMENT (R).DOC IN WITNESS WHEREOF, the Grantors have hereunto set their hand and seal, or if corporate, have caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of the Board of Directors, the day and year first above written. AA-4 �1_ » a (SEAL) STATE OF NORTH CAROLINA COUNTY OF WAKE I, C�-- a notary Public of the County and State aforesaid, certify that Jackson M. McClain and Margaret M. McClain, Grantor, personally appeared before me this day and acknowledged the execuCion of the ;foregoing instrument to be of his free act and deed. WITNESS my hand and official stamp or seal, this the) �4'�day of =_�, 200. Notary Public My Commission Exp - LILL E5- CHq Boa a 8 d� ���I p�scmnre j�� e r-r`! . 9aclalvnannm •��C �d77 g CO t, I ay4b�a MCCLAIN STREAM RESTORATION EASEMENT (R).DOG EXHIBIT A: Being all that Property of the Grantors contained within the existing Drainage Easement as shown on Lot 10 Lochaven subdivision as recorded in Book of Maps 1965 page 240, Wake County Registry. MCCLAIN STREAM RE57fl RAT 10N EASEM ENT (R).0OC {Page 1 of 5) BKO1260,6PGO0554 NORTH CAROLINA COUNTY OF WAKE FAKE COUHTY, KC 91 LAURA M RIDDICK REGISTER OF DEEDS PRESENTEEgDD 9 RECORDED ON PRf���M 724Qt2tGt]Fi� V4 "n 06/18!2007 AT 99:16:47 EOOK:012606 PAGE:06554 ° 09558 Mail AFTER RECORDING to: Patrick C. Lee Engineering Dept. P. 0. Box 8405 Cary. NC 27512.8005 S'T'REAM RESTORATION EASEMENT i, THIS DEED OF EASEMENT, made this � day of M r- by Jackson M. McClain and Margaret M. McClain Grantors, to the Town of Cary, a rnunicipaI corporation of the State of North Carolina, Grantee. The designation Grantors 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. WITNF „SSETH; WHEREAS, Grantee has determined the need for improvements to the stream channel and riparian buffer currently existing on a portion of Grantor's property and needs access to that portion of the Property described in the easement area in order-to proceed with the installation, construction, repair and maintenance of said improvements; WHEREAS, the Grantors are the owners of a certain tract of land located in Wake County, North Carolina and more particularly described in Deed Book 2006 at page 554, and the Grantors, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, have bargained and sold and by these presents do hereby bargain, sell, and convey unto the Grantee for use as a stream restoration easement incidental to the Swift Creek Stream Restoration Project (which shall include, but not be limited to the installation, inspection, replacement, repair and/or maintenance of such facilities and related appurtenances as may be necessary for the transmission and modification of storm water runoff); WHEREAS, Grantor and Grantee recog ize that the Easement Area will be disturbed during the construction, relocation and insia1latiQn of the re_Ferenged irnproverpents, �ut desire to see the Easement Area restored to a natural state and maintained in that condition at the completion of the stream restoration project. NOW, THEREFORE, for and in consideration of the premises and the mutual covenants, terms, conditions and restrictions contained herein, and pursuant to the laws of North Carolina, Grantor hereby grants and conveys unto Grantee this Stream Restoration Easement in perpetuity over the Easement Area described in Exhibit A of the nature and character and to the extent hereinafter set forth: MCCLAIN STREAM RESTORATION EASE VENT (A).DOG r r 2605PG00555 1 • Pumo". The purpose of this Conservation Easement is to give Grantee the right to enter upon the Easement Area, including unlimited egress and ingress from and to the Easement Area across the rear RfC' a � 'iQStiF��tlfi�i4 i tofrft_yar F's'3� Ftir��3F § tit lid i � }� �t ?�t��hr'R �'Qe�,4 �'�'4ZIAdl or westernmost portion of the Property, to construct, operate and maintain channel improvement works on, aver, and across the Easement Area including the right to clear, cut, fell, remove and dispose of any and ail timber, trees, underbrush, buildings, improvements, and/or other obstructions there from, to excavate, dredge, cut away, and remove any or all of said Iand and to place thereon fill, dredge or spoil material; to shift the Iocation of the stream as needed to achieve the stream restoration goals and for such other purposes as may be required in connection with said work of improvement. The intent of the restoration in this area is to wholly relocate the stream from its existing channel to a location on the Property to the west of Grantor's. 'Upon completion of the stream restoration improvements, the purpose of this Easement is to give Grantee the perpetual right to restore, maintain and enhance the Easement Area to a natural, undeveloped condition that contributes to the protection and improvement of water quality, flood protection, wildlife and aquatic habitat, and prevent any use of the protected Easement Area that will significantly impair or interfere with these purposes. ?. Prohibited and Restricted Activities. Upon completion of the stream restoration proj ect in the Easement Area, any activity on, or use of, the Easement Area inconsistent with the purpose of this Easement is prohibited. The Easement Area shall be preserved in its natural condition and restricted from any activity 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: 3. Grantor' Reserved RLights. The Grantor expressly reserves for himself, his personal representatives, heirs, successors or assigns, the right to continue the use of the property within the Easement Area for all purposes not inconsistent with the Easement, including, but riot limited to, the right to quiet enjoyment of the Property, the rights of ingress and egress, the right to sell, transfer, gift or otherwise convey the Properly, in whole or in part, provided such sale, transfer or gift conveyance is subject to the terms of, and shall specifically reference, this Easement, and except that Easement Area may not be subdivided, partitioned nor conveyed, except in its current configuration as an entity or block of property as described in Exhibit A. 4, Grantee's Ri hts. The Grantee or its authorized representatives, successors and assigns, and Third- Parties, shall have the right to enter the Easement Area 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 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 sampies. The easement rights granted herein do not include public access rights. TO HAVE AND TO HOLD the aforesaid easement and all privileges and appurtenances thereunto belonging to the said Grantee, its successors and assigns forever and the same Grantors do covenant that they are seized of said premises in fee and have the right to convey the same, that the same are free from encumbrances and that they will warrant and defend the said title to the same against claims of all persons whosoever. MCCLAIN STREAM RESTORATION EASEMENT(R),000 Z- OTG00556 fN WITNESS WHEREOF, the Grantors have hereunto set their hand and seal, or if corporate, have caused this instrument to be signed in its corporate name by its duly authorized officers and its seal hare- caused this instrument to be. signed in its corporate name by its duly authori zed officers and its seal to be hereunto affixed by authority of the Board Of Directors, the day and year first above written. STATE OF NORTH CAROLINA COUNTY OF WAKE I, YGfi,su ` ..'Lt ;' ,e. a notary Public of the County and State aforesaid, certify that Jackson M. McClain and Margaret M. McClain, Grantor, personally appeared before me this day and acknowledged the execution of the foregoing instrument to be of his free act and deed. WITNESS my hand and official stamp or seal, this the IP day of a 2pp n �° - Notary Public My Commission Exps`res: Y 4r, r` b 'err {� .o►...•°°• COU01,.x°`1 MCC LAIN STREAM RESTORATION EASEMENT(A).Doc �606PG00557 EXHIBIT A: Ri-;na ail that Prnnr••rtvr of thp (vrantnrc rnntninPri within thr-. PYierira r)rainnaP FnCPM, -,,nt AR Being all that Property of the Grantors contained within the existing Drainage Easement as shown one Lot 10 Lochaven subdivision as recorded in Book of Maps 1965 gage 240, Wake County Registry. MCGLAIN STREAM RESTORATION ERSEMENT(R)ZOG /b6PGOO558 f- - -- s gepKMR606 "OEse0554 - e0556 Yellow probate sheet i5 a vital part of your recorded document, Please retain with original document and submit for rerecordin2. Fake County Register of Deeds Laura M. Riddick �ovrv7r Register of Deeds n Nov This Customer Croup This Document # of Ti Mc Stamps N=dcd I--,' New Time Stamp M of Pages Mail AFTER RECORDING to: Patrick C. Lae Engineering Dept. P. O. Box 8405 Cary, NC 27512 -8005 NORTH CAROLINA STREAM RESTORATION EASEMENT COUNTY OF WADE THIS DEED OF EASEMENT, made this: -_a „day of ,� & 20 by Bhogilal B. Kharva and Sunutra Kharva Crrantors, to the Town of Cary, a municipal corporation of the State of North Carolina, Grantee, The designation Grantors and Grantee as used herein shall include said parties, their heirs, successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH: WHEREAS, Grantee has determined the need for improvements to the stream channel and riparian buffer currently existing on a portion of Grantor's property and needs access to that portion of the Property described in the easement area in order to proceed with the installation, construction, repair and maintenance of said improvements; WHEREAS, the Grantors are the owners of a certain tract of land located in Wake County, North Carolina and more particularly described in Deed Book 5161 at page 722, and the Grantors, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, have bargained and sold and by these presents do hereby bargain, sell, and convey unto the Grantee for use as a stream restoration easement incidental to the Swift Creek Stream Restoration Project (which shall include, but not be limited to the installation, inspection, replacement, repair and/or maintenance of such facilities and related appurtenances as may be necessary for the transmission and modification of storm water runoff); WHEREAS, Grantor and Grantee recognize that the Easement Area will be disturbed during the construction, relocation and installation of the referenced improvements, but desire to see the Easement Area restored to a natural state and maintained in that condition at the completion of the stream restoration prof ect. NOW, THEREFORE, for and in consideration of the premises and the mutual covenants, terms, conditions and restrictions contained herein, and pursuant to the laws of North Carolina, Grantor hereby grants and conveys unto Grantee this Stream Restoration Easement in perpetuity over the Easement Area described in Exhibit A of the nature and character and to the extent hereinafter set forth: KHARVASTREAM RE$TORATI0N EASEM5NT(R),4OC 1. Purpose. The purpose of this Conservation Easement is to give Grantee the right to enter upon the Easement Area, including unlimited egress and ingress from and to the Easement Area across the rear or westernmost portion of the Property, to construct, operate and maintain channel improvement works on, over, and across the Easement Area including the right to clear, cut, fell, remove and dispose of any and all timber, trees, underbrush, buildings, improvements, and/or other obstructions there from; to excavate, dredge, cut away, and remove any or all of said land and to place thereon fill, dredge or spoil material; to shift the location of the stream as needed to achieve the stream restoration goals and for such other purposes as may be required in connection with said work of improvement. The intent of the restoration in this area is to wholly relocate the stream from its existing channel to a location on the property to the west of Grantor's. Upon completion of the stream restoration improvements, the purpose of this Easement is to give Grantee the perpetual right to restore, maintain and enhance the Easement Area to a natural, undeveloped condition that contributes to the protection and improvement of water quality, flood protection, wildlife and aquatic habitat, and prevent any use of the protected Easement Area that will significantly impair or interfere with these purposes. I Prohibited and Restricted Activities: Upon completion of the stream restoration project in the Easement Area, any activity on, or use of, the Easement Area inconsistent with the purpose of this Easement is prohibited. The Easement Area shall be preserved in its natural condition and restricted from any activity 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: 3. Grantor's Reserved Rights. The Grantor expressly reserves for himself, his personal representatives, heirs, successors or assigns, the right to continue the'use of the property within the Easement Area for all purposes not inconsistent with the Easement, including, but not limited to, the right to quiet enjoyment of the Property, the rights of ingress and egress, 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 Easement, and except that Easement Area may not be subdivided, partitioned nor conveyed, except in its current configuration as an entity or block of property as described in Exhibit A. 4. Grantee's Rights. The Grantee or its authorized representatives, successors and assigns, and Third- Parties, shall have the right to antes the Easement Area 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 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. TO HAVE AND TO HOLD the aforesaid easement and all privileges and appurtenances thereunto, belonging to the said Grantee, its successors and assigns forever and the same Grantors do covenant that they are seized of said premises in fee and have the right to convey the same, that the same are free from encumbrances and that they will warrant and defend the said title to the same against claims of all persons whosoever. KHARVA STREAM RESTORATION PAS EMENT(R).DOC IN WITNESS WHEREOF, the Grantors have hereunto set their hand and seal, or if corporate, have caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of the Board of Directors, the day and year first above written. � A 071,5--d 4l 1,2 Gry {SEAL) STATE OF NORTH CAROLINA COUNTY OF WAKE I, ys a notary Public of the County and State aforesaid, certify that Bhogilal B. KharVa and Sumitra Kharva, Grantor, personally appeared before me this day and acknowledged the execution of the foregoing instrument to be of his free act and deed. WITNESS my hand and official stamp or seal, this the �1 day of J �•.c- __, 202. P cJ d 7r c -c ' rFf4 50 rt ,•``��oyC'E '�:;Spr,'' -. Not V-Xic "NOTARY S ' My Commission Expires: "I,/ I G� 9 vv ly KHARVA STREAM RESTORATION EASEMENT (R).ODC PUBLIC My Cffmrn Expires 3 z S April 16, 2008: �O f��ri ` l •� 0 � t��,� EXHIBIT A: Being all that Property of the Grantors contained within the existing Drainage Easement as shown on Lot 7 Lochaven subdivision as recorded in Book of Maps 1955 page 240, Wake County Registry. KHARVA STREAM RESTORATION EASEMENT(R).DOC f� EXHIBIT A: Being all that Property of the Grantors contained within the existing Drainage Easement as shown on Lot 7 Lochaven subdivision as recorded in Book of Maps 1955 page 240, Wake County Registry. KHARVA STREAM RESTORATION EASEMENT(R).DOC (Pagel of 5) BK01260b-P-G00549 NORTH CAROLINA COUNTY OF WADE AL,�R Nc 98 P'DDTCK pREg TED DEEDS a 17ECOI�DFn .,.. 86�18r2� PECO+QDED phr 99:I6t4? $ook!81269S 00GE :9e54 9 88553 Mail AFTER RECORDING to: Patrick C. Lee Engineering Dept. P. 0. Box Boas Cary. NC 27512 -8005 STREAM RESTORATION EASEMENT THIS DEED OF EASEMENT, made this �� day of 2Q�� by Elmer F. Miller and Mabel S. Miller Grantors, to the Town of Cary, a municipal corporation of the State of North Carolina, Grantee. The designation Grantors and Grantee as used herein shall include said parties, their heirs, successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH: WHEREAS, Grantee has determined the need for improvements to the stream channel and riparian buffer currently existing on a portion of Grantor's property and needs access to that portion of the Property described in the easement area in order to proceed with the installation, construction, repair and maintenance of said improvements; WHEREAS, the Grantors are the owners of a certain tract of land located in Wake County, North Carolina and more particularly described in Deed Book I744 at page 0012, and the Grantors, fora valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, have bargained and sold and by these presents do hereby bargain, sell, and convey unto the Grantee for use as a stream restoration easement incidental to the Swift Creek StICam Restoration Project (which shall include, but not be limited to the installation, inspection, replacement, repair and/or maintenance of such facilities and related appurtenances as may be necessary for the transmission and modification of storm water runoff); WHEREAS, Grantor and Grantee recognize that the Easement Area will be disturbed during the construction, relocation and installation of the referenced improvements, but desire to see the Easement Area restored to a natural state and maintained in that condition at the completion of the stream restoration project. NOW, THEREFORE, for and in consideration of the premises and the mutual covenants, terms, conditions and restrictions contained herein, and pursuant to the laws of North Carolina, Grantor hereby grants and conveys unto Grantee this Stream Restoration Easement in perpetuity over the Easement Area descri bed in Exhibit A of the nature and character and to the extent hereinafter set forth: MILLER STREAM RESTORATION EASEMENT(R).DOC ..UaG00550 1, P_ _urpose. The purpose of this Conservation Easement is to give Grantee the right to enter upon the Easement Area, including unlimited egress and ingress from and to the Easement Area across the rear or westernmost portion of the Property, to construct, operate and maintain channel improvement works on, over, and across the Easement Area including the right to clear, cut, fell, remove and dispose of any and all timber, trees, underbrush, buildings, improvements, and/or other obstructions there from; to excavate, dredge, cut away, and remove any or all of said land and to place thereon fill, dredge or spoil material; to shift the location of the stream as needed to achieve the stream restoration goals and for such otherpurposes as may be required in connection with said work of improvement. The intent of the restoration in this area is to wholly relocate the stream from its existing channel to a location on the property to the west of Grantor's. Upon completion of the stream restoration improvements, the purpose of this Easement is to give Grantee the perpetual right to restore, maintain and enhance the Easement Area to a natural, undeveloped condition that contributes to the protection and improvement of water quality, flood protection, wildlife and aquatic habitat, and prevent any use of the protected Easement Area that will significantly impair or interfere with these purposes. 2. Prohibited and Restricted Activities. Upon completion of the stream restoration project in the Easement Area, any activity on, or use of, the Easement Area inconsistent with the purpose of this Easement is prohibited. The Easement Area shall be preserved in its natural condition and restricted From any activity 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: 3. Grantor's Reserved Rights. The Grantor expressly reserves for himself, his personal representatives, heirs, successors or assigns, the right to continue the use of the property within the Easement Area for all purposes not inconsistent with the Easement, including, but not lirnited to, the right to quiet enjoyment of the Property, the rights of ingress and egress, 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 Easement, and except that Easement Area may not be subdivided, partitioned nor conveyed, except in its current configuration as an entity or block of property as described in Exhibit A. 4. Grantee's Ri hts, The Grantee or its authorized representatives, successors and assigns, and Third- Parties, shall have the right to enter the Easement Arca at all reasonable times for the purpose of inspecting said property to determine if the Grantor, or his persona representatives, heirs, successors, or assigns, is complying with the terms, conditions, restrictions, and purposes of this Easement. The Grantee shall also have the right to enter and go upon the Property for purposes of making scientific or educational'observations and swdies, and taking samples. The easement rights granted herein do got include public access rights. TO HAVE AND TO HOLD the aforesaid easement and all privileges and appurtenances thereunto belonging to the said Graniee, its successors and assigns forever and the same Grantors do covenant that they are seized of said premises in fee and have the right to convey the same, that the same are free from encumbrances and that they will warrant and defend the said title to the same against claims of all persons whosoever. MILLER STREAM RESTORATION EASEMENT(R).DOG ^r ,GO05V 1 IN Wi7NESS WliEREGF, the Grantors have hereunto set their hand and seal, or if corporate, have caused this instrument to be signed in its corporate name by its duly authorized officers and its seal labF M an' f3FrmrF,N'u1 N )� ELt"P p M rooq Pvrenw �%v&qmyk2N d �T>`'i ff�mity= seal to be hereunto affixed by authority of the Board of Directors, the day and year first above written. STATE OF NORTH CAROLINA COUNTY aLA. y AQ I> 0— a notary Public of the County and State aforesaid, certify that Elmer F. Millet- and Mabel S. Miller, Grantor, personally appeared before me this day and acknowledged the execution of the foregoing instrument to be of his free act and deed. WITNESS my hand and official stamp or seal, this th��\ day of _200-2. q�yQfi�r�irro *i \ Notary Public - + + +5� My Commission Expires: ;27�, C�'� + 4 MILLER STREAM AESTORAMN EAS E M E NT (R). DOG f G00552 EX14IBIT A: R e i n 9 a!1 thar Pmnerty of rhP (IT rnnInrfi rnntninP:H within tile. e.xktino T)rainave F.aG ern ant ac Being all that Property of the Grantors contained within the existing Drainage Easement as shown on Lot 8 of a certain map as recorded in Book of Maps ] 965 page 240, Wake County Registry, MILLER STF9EEAM RE570RATI0M EABEMENT(R) 000 653 � aaoK:ezases PRGE:OO549 - 88553 YelIow probate sheet is a vital part of your recorded document: Please retain with original document and submit for rerecording. Wake County Register of Deeds Laura M. Riddick cauNTY Register of Deeds This Customer Croup This Document M of Ti me Stamps Needed Ncw Time Stamp p of Pages 2 ?.WI- tra+na (Page 1 of 5) BK0 i21rU6PG00544 NORTH CAROLINA COUNTY OF WAKE WAKE COUNTY, hC 89 LAURA h RIDDICK REGISTEP OF DEEDS PRESENTED 8 RECORDED ON 86�18r2ee7 AT eg:16:47 e9f18r20e7 AT e9: 16: 47 BOOK:012606 PAGE;OOF44 W 89548 Mail AE7ER RECORD] NG to: Patrick C. Lee Eng ineering Dept. P. O. Box 8045 'Cary. NC 27512.8005 STREAM RESTORATION EASEMENT THIS DEED OF EASEMENT, made this E day of 20 by Dale A. Gyongyos and Bruce M, Gyongyos Grantors, to the Town of Cary, a municipal corporation of the State of North Carolina, Grantee. The designation Grantors and Grantee as used herein shall include said parties, their heirs, successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH; WHEREAS, Grantee has determined the need for improvements to the stream channel and riparian buffer currently existing on a portion of Grantor's property and needs access to that portion of the Property described in the easement area in order to proceed with the installation, construction, repair and maintenance of said improvements; WHEREAS, the Grantors are the owners of a certain tract of land Iocated in Wake County, North Carolina and more particularly described in Decd Hook 9082 at page 2703, and the Grantors, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, have bargained and sold and by these presents do hereby bargain, sell, and convey unto the Grantee for use as a stream restoration easement incidental to the Swift Creek Stream Restoration Project {which shall include, but not be limited to the installation, inspection, replacement, repair and/or maintenance of such facilities and related appurtenances as may be necessary for the transmission and modification of storm water runoff; WHEREAS, Grantor and Grantee recognize that the Easement Area will be disturbed during the construction, relocation and installation of the referenced improvements, but desire to see the Easement Area restored to a natural state and maintained in that condition at the completion of the stream restoration project. NOW, THEREFORE, for and in consideration of the premises and the mutual covenants, terms, conditions and restrictions contained herein, and pursuant to the laws of North Carolina, Grantor hereby grants and conveys unto Grantee this Stream Restoration Easement in perpetuity over the Easement Area described in Exhibit A of the nature and character and to the extent hereinafter set forth; 13YONGY05 STREAM RESTORATION EA5EMENT(R).000 ,�APGOO545 1. Purpose, The purpose of this Conservation Easement is to give Grantec the right to enter upon the Easement Area, including unlimited egress and ringress from and to the Easement Area across thelrrear 91," dsaMR -'AMT, iR flUfTYgp- or westernmost portion of the Property, to construct, operate and maintain channel improvement works on, over, and across the Easement Area including the right to clear, cut, fell, remove and dispose of any and all timber, trees, underbrush, buildings, improvements, and/or other obstructions there from; to excavate, dredge, cut away, and remove any or all of said land and to place thereon fill, dredge or spoil material; to shift the location of the stream as needed to achieve the stream restoration goals and for such other purposes as may be required in connection with said work of improvement. The intent of the restoration in this area is to wholly relocate the stream from its existing channel to a location on the property to the west of Grantor's. Upon completion of the stream restoration improvements, the purpose of this Easement is to give Grantee the perpetual right to restore, maintain and enhance the Easement Area to a natural, undeveloped condition that contributes to the protection and improvement of water quality, flood protection, wildlife and aquatic habitat, and prevent any use oFthe protected Easemew Area that will significantly impair or interfere with these purposes. 2. Prohibited and Restricted Activities. Upon completion of the stream restoration project in the Easement Area, any activity on, or use of, the Easement Area inconsistent with the purpose of this Easement is prohibited. The Easement Area shall be preserved in its natural condition and restricted From any activity 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, 3. Grantor's Reserved Rights, The Grantor expressly reserves for himself, his personal representatives, heirs, successors or assigns, the right to continue the use of the property within the Easement Area for all purposes not inconsistent with the Easement, including, but not limited to, the right to quiet enjoyment of the Property, the rights of ingress and egress, 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 terrns of, and shall specifically reference, this Easement, and except that Easement Area may not be subdivided, partitioned nor conveyed, except in its current configuration as an entity or block of property as described in Exhibit A. 4. Grantee's Rights, The Grantee or its authorized representatives, successors and assigns, and Third - Parties, shall have the right to enter the Easement Area 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 Easement. The Grantee shall also have the right to enter and go upon the Property for purposes of making scientiFi c or educational observations and studies, and taking samples. The easement A ghts granted herein do not include public access rights. TO HAVE AND TO HOLD the aforesaid easement and all privileges and appurtenances thereunto belonging to the said Grantee its successors and assigns forever and the same Grantors do covenant that they are seized of said premises in fee and have the right to convey the same, that the same are free From encumbrances and that they will warrant and defend the said title to the same against claims of all persons whosoever. GYONGYOB STREAM RESTORAMN EASEMENT (R).DOC ?GOO546 M WITNESS WHEREOF, the Grantors have hereunto set their hand and seal, or if corporate, have caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be �ere nto affixed byAthority of the Board of Directors, the day and year first above written. LU Uc iyaic ?ifw oiuxcu *AVIcrnty Q Lne noaro or uireciors, the clay aria year rrst aoove written. SEAL) 4"A'p - EAL) � ) �4 STATE OF NORTH CAROLINA COUNTY OF WAKE 1, - klN'l N& � . a notary Public of the County and State afotesaid, certify that Bale A. Gyongyos and Bruce M. Cryongyos, Grantor, personally appeared before me this day and acknowledged the execution of the foregoing instrument to be of his free act and deed. 5i' WITNESS my hand and official stamp or seal, this the L �3ay of 200T. r Notary P tic OAR 'p My Commission Expires: ' Any i3ot sf E3#% 2I& ` �,f ��j /. . . C0UV4 ' GYONGYOS STREAM RESTORATION EASEM ENT (R).000 /PGO0547 EXHIBIT A: Reina all that Prnne-rfv of "hr-. (irnnrnrc rnnrninPrl within tlhP pvicrina nra;naop Paenm -nt ac Being all that Property of the Grantors contained within the existing Drainage Easement as shown on Lot 9 Lochaven subdivision as recorded in Book of Maps 1965 page 240, Wake County Registry. GYONGY05 STREAM R €STORaT10N €FS €M ENT (R).DOG 0548 Yellow probate sheet is a vital part of your recorded document. Please retain with original document and submit for rerecording. Wake County Register of Deeds WAK£ Laura M. Riddiek COLNTY Register of Deeds This Customer Group This Document of Timc Stamps Necded New Time Stamp P of PagCs 2:- W+•tRLWG {Page 1 of 5 }� BKO12606PGO0539 WAKE COUNTY, NC Be LAURA M RiDDFCK A LISTER OF DEEDS PRESENTED & RECORDED ON 06r18r2007 AT 09:16:47 06r18r2007 AT 09:16 :47 BpoK :012606 PAGEt00539 = OOS43 Mail AFTER RECORDING to: Patrick C. Lee Engineering Dept. P. d. Box 8005 Cary, NC 27512-8005 NORTH CAROLINA STREAM RESTORATION EASEMENT THIS DEED OF EASEMENT, made this �� day of /!?I� 20 57 by Mark K. Barr and Jean B. Batt v Grantors, to the Town of Cary, a municipal corporation of the State of Nonh Carolina, Grantee. The designation Grantors and Grantee as Used herein shall include said parties, their heirs, successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH: WHEREAS, Grantee has determined the need for improvements to the stream channel and ri parian buffer currently existing on a port ion of Grantor's property and needs access to that portion of the Property described in the easement area in order to proceed with the installation, construction, repair and maintenance of said improvements; WHEREAS, the Grantors are the owners of a certain tract of land located in Wake County, North Carolina and more particularly described in Deed Book 8450 at page 2275, and the Grantors, For a valuable consideration paid by the Grantec, the receipt of which is hereby acknowledged, have bargained and sold and by these presents do hereby bargain, sell, and convey unto the Grantee for use as a stream restoration easement incidental to the Swift Creek Stream Restoration project (which shall include, but not be Iimited to the installation, inspection, replacement, repair and/or maintenance of such Facilities and related appurtenances as may be necessary for the transmission and modification of storm water runoff); WHEREAS, Grantor and Grantee recognize that the Easement Area will be disturbed during the construction, relocation and installation of the referenced improvements, but desire to see the Easement Area restored to a natural state and maintained in that condition at the completion of the stream restoration project. NOW, THEREFORE, for and in consideration of the premises and the mutual covenants, terms, conditions and restrictions contained herein, and pursuant to the laws of North Carolina, Grantor hereby grants and conveys unto Grantee this Stream Restoration Easement in perpetuity over the Easement Area described in Exhibit A of the nature and character and to the extent hereinafter set fonh: SARR 5TR9AM R966TORATION 9AWM$NT (R),RBG A.PGOOS4O 1. Purpose, The purpose of this Conservation-Easement is to give Grantee the right to enter upon it e Fa5e rrlet4e A mm '?g the Eas ement Area, including unlimited egress and ingress from and to the Easement Area across the rear or westernmost portion oFthe Property, to construct, operate and maintain channel improvement works on, over, and across the Easement Area including the right to clear, cut, fell, remove and dispose of any and all timber, trees, underbrush, buildings, improvements, and/or other obstructions there from; to excavate, dredge, cut away, and remove any or a 1 o£said Iand and to place thereon fill, dredge or spoil material; to shift the location of the stream as needed to achieve the stream restoration goals and for such other purposes as may be required in connection with said work of improvement. The intent of the restoration in this area is to wholly relocate the stream from its existing channel to a Iocation on the property to the west of Grantor's. Upon completion of the stream restoration improvements, the purpose of this Easement is to give Grantee the perpetual right to restore, maintain and enhance the Easement Area to a natural, undeveloped condition that contributes to the protection and improvement of water quality, flood protection, wildlife and aquatic habitat, and prevent any use of the protected Easement Area that will significantly impair or interfere with these purposes. 2. Prohibited and Restricted Activities, Upon completion of the stream restoration project in the Easement Area, any activity on, or use of, the Easement Area inconsistent with the purpose ofthis Easement is prohibited. The Easement Area shall be preserved in its natural condition and restricted from any activity that would impair or interfere with the conservation values of the Property. Without limiting the get?e_ra.lity Of the fwr gging, the following Wflvik* and uses are expressly prohik ited, restricted or reserved as indicated hereunder: 3. Grantor's Reserved Rights. The Grantor expressly reserves for himself, his personal representatives, heirs, successors or assigns, the right to continue the use of the property within the .Easement Area for all purposes not inconsistent with the Easement, including, but not limited to, the right to quiet enjoyment of the Property, the rights of ingress and egress, 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 Easement, and except that Easement Area may not be subdivided, partitioned nor conveyed, except in its current configuration as an entity or block of property as described in Exhibit A. A. Grantee's Rights. The Grantee or its authorized representatives, successors and assigns, and Third - Panics, shall have the right to enter the Easement Area 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 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. TO HAVE AND TO HOLD the aforesaid easement and ail privileges and appurtenances thereunto belgnging tp the said Grantee, its successors and assigns forever and the same Grantors d❑ covenant that they are seized of said premises in fee and have the right to convey the same, that the same are free from encumbrances and that they will warrant and defend the said title to the same against claims of all persons whosoever. BA R 9 STnEAM RESTORATION EASEM €NT (R),= ,. -,GOO541 IN WITNESS WHEREOF, the Grantors have hereunto set their hand and seal, or if corporate, have s° T`? le�tC�P4rc�' aclt5 #�e'Yaii�7f�1Fgr`i(3i5ihtai5eai have caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of the Board of Directors, the day and year first above written. (SEAL) STATE OF NORTH CAROLINA COUNTY OF � Gr -m-nv :) $ t (SEAL} I, 0• bey A notary Public of the County and State aforesaid, certify that l' rIG1 apt' i ea n 6. bcim Grantor, personally appeared before me this day and acknowledged the execution of the foregoing insmiment to be of his free act and deed. I-. WITNESS my hand and official stamp or seal, this the �V day of 200 `1```���ti�pt[Gfrr��•fr�f�ff�i Notary Public '� NOT r _ Pusu My Commission Expires: } BARR STREAM FiWORAT14N 5ANMENT(F).00C �G00542 EXHIBIT A.- Being all that Property of the Grantors contained within the existing Drainage Easement as shown on Lot 13 of a certain map as recorded in Book of Maps 1965 page 240, Wake County Registry. BARS STaEAm RESTORATION EASEMENT (R),000 MAX? 1I1lIU1lllliilt��f1 it l f!�! liv ltfll all mill I u uti � ' u Eo0K:922606 ❑RGE:"539 — ee543 Yellow probate sheet is a vital part of your recorded document. Please retain with original document and submit for rerecording. Wake County Register of Deeds Laura A Riddick courr Register of Deeds This Customer Croup This Document p of Time Siamps Nccded New Time Scamp II of Pages :zoo+- ennn,c (Page 9 of 5) BKO12505PGO0534 NORTH CAROLINA X910L1ill elawroxily MAKE COUNTY, NC 87 LAURA n RIDDICr REGISTER OF DEEDS OF DEEDS PRESENTED g RECORDED ON 66r18r2887 AT 89:16:47 UOOK:8126eg PAGE :$8534 Mail AFTER RECORDING to; Patrick C. Lee Engineering Dept. P. 0. Box 8005 Cary. NC 27512 -8005 STREAM RESTORATION EASEMENT THIS DEED OF EASEMENT, made this 'Ilk _ day of by Thomas Scott Cooper and Rebecca Jones Cooper Granters, to the Town of Cary, a municipal corporation of the State of North Carolina, Grantee. The designation Grantors 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. W17NESSE7K WHEREAS, Grantee has determined the need For improvements to the stream channel and riparian buffer currently existing on a portion of Grantor's property and needs access to that portion of the Property described in the easement area in order to proceed with the installation, construction, repair and maintenance of said improvements; WHEREAS, the Grantors are the owners of a certain tract of land located in Wake County, North Carolina and more particularly described in Deed Book 11 785 at page 478, and the Grantors, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, have bargained and sold and by these presents do hereby bargain, sell, and convey unto the Grantee for use as a stream restoration easement incidental to the Swift Creek Stream Restoration Project (which shall include, but not be limited to the installation, inspection, replacement, repair and/or maintenance of such facilities and related appurtenances as may be necessary for the transmission and modification otstorm water runoff}; WHEREAS, Grantor and Grantee recognize that the Easement Area will be disturbed during the construction, relocation and installation of the referenced improvements, but desire to see the Easement Area restored to a natural state and maintained in that condition at the completion of the stream restoration project. NOW, THEREFORE, for and in consideration of the premises and the mutual covenants, terms, conditions and restrictions contained herein, and pursuant to the laws of North Carolina, Grantor hereby grants and conveys unto Grantee this Stream Restoration Easement in perpetuity over the Easement Area described in Exhibit A of the nature and character and to the extent hereinafter set forth: COOPER STREAM RESTORA7ldN eASEMENT(R).DOC ;606PG00535 I . P_ umose. The purpose of this Conservation Easement is to give Grantee the right to enter upon the Easement Area, including untimited egress and ingress from and to the Easement Area across the rear or westenunost portion of the Property, to construct, operate and maintain channel improvement works on, over, and across the Easement Area including the right to clear, cut, fell, remove and dispose of any and all timber, trees, underbrush, buildings, improvements, and/or other obstructions there from; to excavate, dredge, cut away, and remove any or all of said land and to place thereon fill, dredge or spoil material; to shift the location of the stream as needed to achieve the stream restoration goals and for such other purposes as may be required in connection with said work of improvement. The intent of the restoration in this area is to wholly relocate the stream From its existing channel to a location on the property to the west of Grantor's. Upon completion of the stream restoration improvements, the purpose of this Easement is to give Grantee the perpetual right to restore, maintain and enhance the Easement Area to a natural, undeveloped condition that contributes to the protection and improvement of water quality, flood protection, wildlife and aquatic habitat, and prevent any use of the protected Easement Area that will significantly impair or interfere with these purposes. Z. Prohibited and Restricted Activities. Upon completion of the stream restoration project in the Easement Area, any activity on, or use of, the Easement Area inconsistent with the purpose of this Easement is prohibited. The Easement Area shall be preserved in its natural condition and restricted from any activity 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, 3. Grantor's Reserved Pi 1zht s. The Grantor expressly reserves for himself, his personal representatives, heirs, successors or assigns, the right to continue the use of the property within the Easement Area for all purposes not inconsistent with the Easement, including, but not limited to, the right to quiet enjoyment of the Property, the rights of ingress and egress, the right to sell, transfer, gift or otherwise convey the Propert y, in whole or in part, provided such sale, transfer or gift conveyance is subject to the terms of, and shall specifically reference, this Easement, and except that Easement Area may not be subdivided, partitioned nor conveyed, except in its current configuration as an entity or block of property as described in Exhibit A. d. Grantee's Rim. The Grantee or its authorized representatives, successors and assigns, and Third- Parties, shall have the right to enter the Easement Area 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 Easement, The Grantee shall also have the ri ght 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. TO HAVE AND TO HOLD the aforesaid easement and all privileges and appurtena.*tces thereunto belonging to the said Grantee, its successors and assigns forever and the same Grantors do covenant that they are seized of said premises in Fee and have the right to convey the same, that the same are free from encumbrances and that they will warrant and defend the said title to the same against claims of all persons whosoever. COOPER STREAM RESTORATION EASEMENT(F)DOG G00536 TM WITNESS WHEREOF, the Grantors nave hereunto set their hand and seal, or if corporate, have caused this instrument to be signed in its corporate name by its duly authorized officers and its seal IP. V� Lmm %ATull h?'CRA'M]%8nP 'i air RdiFl&FtStc �� ilea yaft 0rxA nj- ft?&-iw to be hereunto affixed by authority of the Board of Directors, the day and year first above written. 6a (SEAL) 62�i�-(SEAL) STATE OF NORTH CAROLfNA COUNTY OF WAKE ors I, rC� A notary Public of the County and State aforesaid, certify that personally appeared before me this day and acknowledged tha execution o. the foregoWnstrument to be of his free act and deed. WITNESS my hand and official stamp or seal, this the of JLV 200. Oil : Ll Notary Public My Commission Expires: ' 1� l 1 a Q 1. r '.pVeE.��'� 1' ka'Ca0'.1;, ■. GOOREP STREAM RESTORATION EASE M €NT(R).ppC 06PGa0537 r EXHIBIT A: Reinp ali that Prnnertv of the CCranmrr rnntained within the existing T]raina2e Easement as Being all that Property of the Grantors contained within the existing Drainage Easernmt as shown on Lot 12 of a certain map as recorded in Book of Maps 1955 page 240, Wake County Registry. COOPER STREAM RESTORATION EASEMENT(R)DOG ,opG00538 BoOK:Dj26aG PPGE:8eS34 - BOS3B Yellow probate sheet is a vital part of your recorded document: Please retain with original document and submit for rerecording. Wake County Register of Deed WAS Laura M. Riddick couNry Register of Deeds This Customer Group This Document N of 7 m Stamps Needed New Time Stomp is arPages {Pa'���ar• =�) gK012606PG00529 NORTH CAROLINA COUNTY OF WAKE MAKE CQUHTY, HC 86 LAURA M RIDDICK aaREGISTER OF DEEDS k?MIWOBEE1:1$nrr ... PRESENTED 9 RECORDED ON 86r18e'2007 AT 89:16:47 BOOK:812686 PAGE:00529 - 00533 Mail AFTER RECORDING to: Patrick C. Lee Engineering Dept, P. D, Box 8005 Cary, NC 27512 -8005 STREAM RESTORATION EASEMENT THIS DEED OF EASEMENT, made this 9.4.6 day of aLla _ 200-1 by Thomas Scott Cooper and Rebecca ]ones Cooper Grantors, to the Town of Cary, a municipal corporation of the State of North Carolina, Grantee. The designation Grantors and Grantee as used herein shall include said parties, their heirs, successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH: WHEREAS, Grantee has determined the need For improvements to the stream channel and riparian buffer currently existing on a portion of Grantor's property and needs access to that portion or the Property described in the easement area in order to proceed with the installation, construction, repair and maintenance of said improvements; - WHEREAS, the Grantors are the owners of a certain tract of land located in Wake County, North Carolina and more particularly described in Deed Book 012589 at page 00961, and the Grantors, For a valuable consideration paid by the Grantee,.the receipt of which is hereby acknowledged, have bargained and sold and by these presents do hereby bargain, sell, and convey unto the Grantee for use as a stream re *toration casement incidental to thi Swift Creek Stream Restoration Project which shall include, but not be limited to the installation, inspection, replacement, repair and/or maintenance of Such facilities and related appurtenances as may be necessary for the transmission and modification of storm water runoff); WHEREAS, Grantor and Grantee recognize that the Easement Area will be disturbed during the construction, relocation and installation of the referenced improvements, but desire to see the Easement Area restored to a natural state and maintained in that condition at the completion of the stream restoration pro3ect. NOW, THEREFORE, for and in consideration of the premises and the mutual covenants, terms, conditions and restrictions contained herein, and pursuant to the laws of North. Carolina, Grantor hereby grants and conveys unto Grantee This Stream Restoration Easement in perpetuity over the Easunent Area described in Exhibit A of the nature and character and to the extent hereinafter set forth: I3KNNAN2 $TREAM REsTQRA710N EASEMENT (R)-000 606'PG00530 l . P._ uMosc. The purpose of this Conservation Easement is to give Grantee the right to enter upon tlhe EasepZ ea. ��N� "U; i ?ii,e�� '�� a �L�,'P e AIN 2 i gn4 �WU Ila rtTygt 6F-= qj�R� J Far the Easement Area, including unlimited egress and ingress from and to the Easement Area across the rear or westernmost portion of the Property, to construct, operate and maintain channel improvement works on, over, and across the Easement Area including the right to clear, cut, fell, remove and dispose of any and all timber, trees, underbrush, buiIdings, improvements, and/or other obstructions there From; to excavate, dredge, cut away, and remove Any or all of said land and to place thereon Fi ll, dredge or spoil material; to shi ft the location of the stream as needed to achieve the stream restoration goals and for such other purposes as may be required in connection with said work of improvement. The intent of the restoration in this area is to wholly relocate the stream From its existing channel to a location on the property to the west of Grantor's. Upon completion of the stream restoration improvements, the purpose of this Easement is to give Grantee the perpetual right to restore, maintain and ertihance the Easement Area to a natural, undeveloped condition that contributes to the protection and improvement of water quality, flood protection, wildlife and aquatic habitat, and prevent any use of the protected Easement Area that wiII significantly impair or interfere with these purposes. 2. Prohibited and Restricted Activities. Upon completion of the stream restoration project in the Easement Area, any activity on, or use oF, the Easement Area inconsistent with the purpose of this Easement is prohibited. The Easement Area shall be preserved in its natural condition and_ restricted From any activity that would impair or interfere with the conservation values of the Property. Without 1irttiting the generality of the foregoing, the following activities and uses are expressly prohibited, restricted or reserved as indicated hereunder: 3. Grantor's Reserved !tights. The Grantor expressly reserves for himself, his personal representatives, heirs, successors or assigns, the right to continue the use of the property within the Easement Area for all purposes not inconsistent with the Easement, including, but not limited to, the right to quiet enjoyment of the Property, the rights of ingress and egress, 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 speciFicaIly reference, this Easement, and except that Easement Area may not be subdivided, partitioned nor conveyed, except in its current configuration as an entity or block of property as described in Exhibit A. 4. Grantee's Rights, The Grantee or its authorized representatives, successors and assigns, and Third- Parties, shall have the right to enter the Easement Area at ail 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 Easement, The Grantee shall also Have the right to enter and go upon the Property for purposes of making scientilie or educational observations and studies, and taking samples. The easement rights granted herein do not include public access rights. TO HAVE AND TO HOLD the aforesaid easement and all privileges and appurtenances thereunto belonging to the said Grantee, its successors and assigns forever and the same Gran tors do covenant that they are seized of said premises in fee and have the right to convey the same, that the same are Free from encumbrances and that they will warrant and defend the said title to the same against claims of all persons whosoever. 5RENNAN2 STREAM RESTORATION E SEMENT(R)ZOG /26G00531 IN WITNFISS WNF.R'F: P the f:rantnrc have harP,intn tot !}.air },onrl o-1 &—1 :: nr..w.. +. IN WITNESS WHEREOF, the Grantors have hereunto set their hand and seal, or if corporate, have caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of the Board of Directors, the day and year first above written, (SEAL) (SEAL) (SEAL) (SEAL) STATE OF NORTH CAROLINA COUNTY OF WAKE 1, 0 Tt T a notary Public of the County and State aforesaid, certify that s Grantor, personally appeared before me this day and acknowledged the execution of the foregoing ument to be of his free act and deed. WITNESS my hand and official stamp or sea f, this the— day ofMDE1 , 204 , Notary Public Notary Public My Commission Expires-. l I l l t7 OIAJJ C� BRENNAN2 STREAM R£sm RAT ION EASEMENT(R).000 ,2605PG00532 EX14IBIT A: Beine all that Property of the Grantors contained within the existine Drainage Easement as Being all that Property of the Grantors contained within the existing Drainage Easement as shown on Lot 11 of a certain map as recorded in Book of Maps 1965 page 240, Wake County Registry. BRENNAN2 STREAM RE$TQFLATIQN ER5EMEh" t(R),ppC ;o6PG44533 x Mr 80010:012 &0S P"G '00529 - e0533 Yellow probate sheet is a vital part of your recorded document. Please retain with original document and submit for rerecording. Wake County Register of Deeds WAKF Laura M. Riddick COUNTY Register of Deeds ,.ncrn c.wa.. This Customer Group This Document # o`Time Stamps Needed New Time Stamp # of Pages :Z,[IfW3fi91 fi «� w WAKE COUNTY, NC' 133 LAURA h RIDDICK REGISTER -OF DEEDS PRESENTED & RECORDED ON 07 ?02x2007 AT 09 =SS:33 BOOK :012534 PAGE:02642 Mail AFTER RECORDING to: Patrick C. Lee Engineering Dept. P. 0. Box 8005 Cary, NC 27512 -8005 NORTH CAROLINA STREAM RESTORATION EASEMENT COUNTY OF WAKE t THIS DEED OF EASEMENT, made this °Z ry day of ^ --2o-27 by Bhogilal B . Kh arva and S umitra Kharva Grantors, to the Town of Cary, a municipal corporation of the State of North Carolina, Grantee, The designation Grantors and Grantee as used herein shall include said parties, their heirs, successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH: WHEREAS, Grantee has determined the need for improvements to the stream channel and riparian buffer currently existing on a portion of Grantor's property and needs access to that portion of the Property described in the easement area in order to proceed with the installation, construction, repair and maintenance of said improvements; WHEREAS, the Grantors are the owners,of a certain tract of land located in Wake County, North Carolina and more particularly described in Deed Book 5161 at page 722, and the Grantors, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, have bargained and sold and by these presents do hereby bargain, sell, and convey unto the Grantee for use'as a stream restoration easement incidental to the Swift Creek Strearn Restoration Project (which shall include, but not be limited to the installation, inspection, replacernmt, repair and/or maintenance of such facilities and related appurtenances as may be necessary for the transmission and modification of storm water runoff), WHEREAS, Grantor and Grantee recognize that the Easement Area will be disturbed during the construction, relocation and installation of the referenced improvements, but desire to see the Easement Area restored to a natural state and maintained in that condition at the completion of the stream restoration project. NOW, THEREFORE, for and in consideration of the premises and the mutual covenants, terms, conditions and restrictions contained herein, and pursuant to the laws of North Carolina, Grantor hereby grants and conveys unto Grantee this Stream Restoration Easement in perpetuity over the Easement Area described in Exhibit A of the nature and character and to the extent hereinafter set forth: KHARVA STREAM RESTORATION EASEMENT (R).DoC I , RMos e. The purpose of this Conservation Easement is to give Grantee the right to enter upon the Easement Area, including unlimited egress and ingress from and to the Easement Area across the rear or westernmost portion of the Property, to construct, operate and maintain channel improvement works on, over,' and across the Easement Area including the right to clear, cut, fell, remove. and dispose of any and all timber, trees, underbrush, buildings, improvements, and/or other obstructions there from; to excavate, dredge, cut away, and remove any or all of said land and to place thereon fill, dredge or spoil material; to shift the location of the stream as needed to achieve the stream restoration goals and for such other purposes as may be required in connection with said work of improvement. The intent of the restoration in this area is to wholly relocate the stream from its existing channel to a location on the property to the west of Grantor's. Upon completion of the stream restoration improvements, the purpose of this Easement is to give Grantee the perpetual right to restore, maintain and enhance the Easement Area to a natural, undeveloped condition that contributes to the protection and improvement of water quality, flood protection, wildlife and aquatic habitat, and prevent any use of the protected Easement Area that will significantly impair or interfere with these purposes. 2. Prohibited and Restricted Activities. Upon completion of the stream restoration proj ect in the Easement Area, any activity on, or use of, the Easement Area inconsistent with the purpose of this Easement'is prohibited. The Easement Area shall be preserved in its natural condition and restricted from any activity 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: 3. Grantor's Reserved Riahts. The Grantor expressly reserves for himself, his personal representatives, heirs, successors or assigns, the right to continue the use of the property within the Easement Area for all purposes not inconsistent with the Easement, including, but not limited to, the right to quiet enjoyment of the Property, the rights of ingress and egress, 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 Easement, and except that Easement Area may not be subdivided, partitioned nor conveyed, except in its current configuration as an entity or block of property as described in Exhibit A. 4. Grantee's Rights. The Grantee or its authorized representatives, successors and assigns, and Third- Parties, shall have the right to enter the Easement Area 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 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. TO HAVE AND TO HOLD the aforesaid easement and all privileges and appurtenances thereunto belonging to the said Grantee, its successors and assigns forever and the same Grantors do covenant that they are seized of said premises in fee and have the right to convey the same, that the same are free from encumbrances and that they will warrant and defend the said title to the same against claims of all persons whosoever. KHARVA STREAM RESTORATION EASEMENT(R).D0C }Y J IN WIThTES S WHEREOF, the Grantors have hereunto set their hand and seal, or if corporate, A have caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of the Board of Directors, the day and year first above written. r) ; � ha,d¢��.ICb g r-v_�(SEAL) 2 Y'S 4'L� -'L 1`A Yq c-L � � Y EAL) STATE OF NORTH CAROLINA COUNTY OF WAKE I, Y. TAB �Lc ►t. S , a notary Public of the County and State aforesaid, certify that Bhogilal B. Kharva and Sumitra Kharva, Grantor, personally appeared before me this day and acknowledged the execution of the foregoing instrument to be of his free act and deed. -16A WITNESS my hand and official stamp or seal, this the day of . ,! �,..+c , 2602. � ►x�xnRxxarrrrrr ►ti► rrr Not ry ub 1C r C . c 'afl „....,. •'0 •''N0TAF ?y • s My Commission Expires:�r KHARVA STREAM RESTORATION EASE MENT(R).DOC PU13LIC 's x ; MY Comm. Expires s z �" • .April 16, 2008 Cj EXHIBIT A: Being all that Property of the Grantors contained within the existing Drainage Easement as shown on Lot 7 Loehaven subdivision as recorded in Book of Maps 1965 page 244, Wake County Registry. KHARVA57REAit+l RES7pRATION EASEMFN7(F).DpC NORTH CAROLINA COUNTY OF WAKE WAKE COUNTY, NC 51 LAURA M RIDDICK REGISTER OF DEEDS PRESENTED & RECORDED ON 0810612007 AT 09:40.:52 BOOK :012692 PAGE:01260 — 01264 Mail AFTER RECORDING to: Patrick C. Lee Engineering Dept. P. O. Box 8005 Cary, NC 27512 -8005 STREAM RESTORATION EASEMENT THIS DEED OF EASEMENT, made this 25th day of July 2007, by T.O.W., Inc., a North Carolina corporation Grantors, to the Town of Cary, a municipal corporation of the State of North Carolina, Grantee. The designation Grantors and Grantee as used herein shall include said parties, their heirs, successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH: WHEREAS, Grantee has determined the need for improvements to the stream channel and riparian buffer currently existing on a portion of Grantor's property and needs access to that portion of the Property described in the easement area in order to proceed with the installation, construction, repair and maintenance of said improvements; WHEREAS, the Grantors are the owners of a certain tract of land located in Wake County, North Carolina and more particularly described in Deed Book 9731 at page 1268, and the Grantors, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, have bargained and sold and by these presents do hereby bargain, sell, and convey unto the Grantee for use as a stream restoration easement incidental to the Swift Creek Stream Restoration Project (which shall include, but not be limited to the installation, inspection, replacement, repair and/or maintenance of such facilities and related appurtenances as may be necessary for the transmission and modification of storm water runoff); WHEREAS, Grantor and Grantee recognize that the Easement Area will be disturbed during the construction, relocation and installation of the referenced improvements, but desire to see the Easement Area restored to a natural state and maintained in that condition at the completion of the stream restoration proj ect. NOW, THEREFORE, for and in consideration of the premises and the mutual covenants, terms, conditions and restrictions contained herein, and pursuant to the laws of North Carolina, Grantor hereby grants and conveys unto Grantee this Stream Restoration Easement in perpetuity over the Easement Area described in Exhibit A of the nature and character and to the extent hereinafter set forth: CHATHAM POINTE STREAM RESTORATION EASEMENT(R).DOC I . Purpose. The purpose of this Easement is to give Grantee the right to enter upon the Easement Area, including unlimited egress and ingress from and to the Easement Area across the rear or westernmost portion of the Property, to construct, operate and maintain channel improvement works on, over, and across the Easement Area including the right to clear, cut, fell, remove and dispose of any and all timber, trees, underbrush, improvements, and /or other obstructions there from; to excavate, dredge, cut away, and remove any or all of said land and to place thereon fill, dredge or spoil material; to shift the location of the stream within the easement as needed to achieve the stream restoration goals and for such other purposes as may be required in connection with said work of improvement. Upon completion of the stream restoration improvements, the purpose of this Easement is to give Grantee the perpetual right to restore, maintain and enhance the Easement Area to a natural, undeveloped condition that contributes to the protection and improvement of water quality, flood protection, wildlife and aquatic habitat, and prevent any use of the protected Easement Area that will significantly impair or interfere with these purposes. The stream restoration easement shall be contained within the established Town of Cary riparian buffer zone. 2. Prohibited and Restricted Activities. Upon completion of the stream restoration project in the Easement Area, any activity on, or use of, the Easement Area inconsistent with the purpose of this Easement is prohibited. The Easement Area shall be preserved in its natural condition and restricted from any activity that would impair or interfere with the conservation values of the Property. Activities within the easement shall be consistent with activities authorized within Town of Cary riparian buffers. 3. Grantor's Reserved Rights. The Grantor expressly reserves for himself, his personal representatives, heirs, successors or assigns, the right to continue the use of the property within the Easement Area for all purposes not inconsistent with the Easement, including, but not limited to, the right to quiet enjoyment of the Property, the rights of ingress and egress, 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 Easement, and - except that Easement Area may not be subdivided, partitioned nor conveyed, except in its current configuration as an entity or block of property as described in Exhibit A. 4. Grantee's Rights. The Grantee or its authorized representatives, successors and assigns, and Third - Parties, shall have the right to enter the Easement Area 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 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. TO HAVE AND TO HOLD the aforesaid easement and all privileges and appurtenances thereunto belonging to the said Grantee, its successors and assigns forever and the same Grantors do covenant that they are seized of said premises in fee and have the right to convey the same, that the same are free from encumbrances and that they will warrant and defend the said title to the same against claims of all persons whosoever. IN WITNESS WHEREOF, the Grantors have hereunto set their hand and seal, or if corporate, have caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of the Board of Directors, the day and year first above written. CHATHAM POINTE STREAM RESTORATION EASEMENT(R).DOC l (SEAL) errill V. Wiese, President NORTH CAROLINA COUNTY OF GRANVILLE I, Richard C. Campbell, a Notary Public for said county and state, do hereby certify that Merrill V. Wiese personally came before me this day and acknowledged that he is president of T.O.W., Inc., a North Carolina corporation, and that he, as President, being authorized to do so, executed the foregoing on behalf of the corporation. Witness my hand and official seal this the 25th day of July, 2007 r Notary Public My commission expires: May 25`h 2010 6D0 s o° oQ Gil g . e�s CHATHAM POINTE STREAM RESTORATION EASEMENT(R).DOC r; EXHIBIT A: COMMENCING at an existing concrete monument in the southern property line of Bromar, LLC., now or formerly, referenced in Deed Book 7526 Page 500 and Deed Book 10051 Page 1029 Wake County Registry, said monument also being a southwestern property corner of Grove Park Associates, LLC., now or formerly, referenced in Deed Book 8527 Page 2011 Wake County Registry, proceeding thence S 43 °34'39" E 91.49 feet to the POINT OF BEGINNING, proceeding thence from said point of beginning S 43° 34' 39" E 208.90', thence S 52° 13' 11" W 9.74', thence S 51° 14' 30" W 6.73', thence S 48° 22'43" W 5', thence S 40° 54' 33" W 5', thence S 27° 44' 59" W 7.43', thence S 80 07' 11" W 2.99', thence S 15° 13'26" W 23.72', thence S 26° 33' 41" W 24.56', thence S 30° 14' 39" W 26.61', thence S 37° 13' 53" W 18', thence S 30° 03' 56" W 15.91', thence S 40° 01' 25" W 27.68', thence S 38° 38' 10" W 11.38', thence S 6° 17' 07" W 34.50', thence S 35 °'53' 19" W 24.74', thence S 19° 33' 33" E 145.91', thence S 340 47' 34" E 27.00', thence S 19° 57' 52" E 35.96', thence S 420 34' 43" E 28.62', thence N 75° 36' 4.8" E 97.70', thence S 840 37' 45 "E 116.41', thence S 59° 47' 34" E 33.11', thence N 440 26' 28" E 60.78', thence S 79° 33' 04" E 128.55', thence S 430 34' 39" E 58.04', thence S 20 56' 21" W 288.54', thence N 740 51' 53" W 52.97', thence N 280 36' 13" W 106.21', thence S 44° 26' 28" W 16.32', thence. S 75° 34' 56" W 99.23', thence N 42° 41' 13" W 330.14', thence N 420 34' 43" W 28.62', thence N 42° 35'_28" W 436.25', thence N 5° 37' 01" W 36.27', thence N 59° 03' 06" E 99.68', thence N 87° 53' 57" E 15.94', thence N 37° 13' 53 E 16.81', thence N 30° 14' 39" E 1.66', thence N 80 07' 11" E 14.96', thence N 25° 19' 42" E 30.73', thence N 27° 44' 59" E 40.34', thence N 40 054' 33" E 42.96', thence N 480 22' 43" E 24.05', thence N 510 14' 30" 4.12 feet to the POINT OF BEGINNING containing 167,637 square feet or 3.85 acres, more or less. CHATHAM POINTE STREAM RESTORATION EASEMENT(R).DOC Yellow probate sheet is a vital part of your recorded document. 'lease retain with original document and submit for rerecording. This Customer Group # of Time Stamps Needed This Document New Time Stamp # of Pages 22.004 - 1/20/06