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