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20071814 Ver 1_401 Application_20071007
1447 S. Tryon St. Charlotte, NC 28203 704-334-4454 FAX 704-334-4492 October 23, 2007 Ms. Cyndi Karoly NC DENR Division of Water Quality, 401 Wetlands Unit 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Subject: Pre-Construction Notification/401 Certification Package Big Cedar Creek Stream Restoration Project Stanly County, North Carolina Dear Ms. Karoly: 07-1814 Please find enclosed seven (7) copies of our PCN package for the Big Cedar Creek Stream Restoration Project and a check of $475.00 for the permit fee. We have also included seven copies of the following supporting data on the project: • PCN form, • Big Cedar Creek Stream Restoration Report, • 11x17 copy of the 90% Plan Set, and • Approved Categorical Exclusion Form. The purpose of the project is to improve aquatic and riparian habitat by promoting natural riffle and poll features and by reducing sediment loading. This project is being used for compensatory mitigation. This same information has been submitted to the Asheville Regulatory Field Office of the US Army Corps of Engineers. If you have any questions, please call me at (704) 334-4454. Sincerely, Christine Miller Project Manager Enclosures ~~~~ D D ~~ O~~ 2 6 Zppl ~~,~NR,WSS6~~6RP1~+H Yrt-'i"" _ !J~ ~~ ..~ Office Use Only: Form Version March OS 07-1814 USAGE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ^ Riparian or Watershed Buffer Rules ^ Section 10 Permit ^ Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ^ Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 27 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ^ 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ^ 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ^ II. Applicant Information ~ ~~LSu V Owner/Applicant Information D ~ j 2 6 2007 Name: Baker En ineerina NY Inc Mailing Address: 1447 S Trvon Street Suite 200 DENR -WATER 4UAI.ITY uietr ulna gun CT(1RIMI~TFR-QANC1i Charlotte NC 28203 Attn: Christine Miller Telephone Number: (704) 334 - 4454 Fax Number: (704) 334 - 4492 E-mail Address: chdmiller(a~mbakercorp.com 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Christine Miller Company Affiliation: Baker En>;ineerin~ NY Inc. Mailing Address: 1447 S Tryon Street Suite 200 Charlotte NC 28203 Telephone Number: (704) 334 - 4454 Fax Number: (704) 334 - 4492 E-mail Address: chdmiller(a~mbakercorp.com Updated 11/1/2005 Page 1 of 9 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger .than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Big Cedar Creek Stream Restoration Project 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 656201287591, 656201499021 4. Location County: Stanly Nearest Town: Norwood Subdivision name (include phase/lot number): N/A Directions to site (include road numbers/names, landmarks, etc.): The site is accessible from Hi way 52 south of the town of Norwood. From Hi way 52, turn west on Riverview Road• west onto Mount Zion Church Road• crossing over the active railroad tracks. Access to UT1 is available from the farm road access on the north side of Mount Zion Church Road, approximately 400 feet west of the railroad tracks. (See Vicinity Map and Site Map) 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 35.196608°N 80.123556°W (Project Center) 6. Property size (acres): approximately 542 acres total -work area approximately 38 acres 7. Name of nearest receiving body of water: Rocky River Updated 11/1/2005 Page 2 of 9 8. River Basin: Yadkin-Pee Dee (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general landuse in the vicinity of the project at the time of this application: The historic as well as current land use of the site and surrounding area has been primarily forested and agriculture including both crops and pasture for cattle razing Big Cedar Creek and the two unnamed tributaries involved in the stream restoration project are degraded in nature showing, signs of extensive bank erosion and channel degradation. 10. Describe the overall project in detail, including the type of equipment to be used: The site will be restored as a NCEEP full delivery project. This project involves total relocation of the majority of on-site streams in order to restore proper dimension, pattern, and profile to the stream system The channels will be constructed offline, where feasible, and pump around systems will be emplo~d where the proposed channel intercepts the existing channel In-stream construction is proposed on one section of channel at the lower portion of the project where channel width prohibits use of a pump around. Proposed in-stream activities in this location consist of placement of stream structures desi ng_ed to protect against bank erosion. Construction equipment to be used onsite include excavators, bull dozers, and track trucks. No offsite borrow or spoil sites will be needed. Additional information about the project can be found in the attached Big_Cedar Creek Stream Restoration Plan. 11. Explain the purpose of the proposed work: The purpose of the project is to restore and enhance approximately 11 780 linear feet of stream in Stanly County. Several sections of the channel are significantlydegraded. This stream restoration site was selected based on its probability to restore hig~i quality stream habitat where it has ceased to exist. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. Restoration plan was submitted to NCEEP for review in September 2007 and submitted comment revisions in October 2007. As of October 19, 2007, a preliminary email was received stating_that plans have been accepted and a letter will be sent out upon receipt of the bond. V. Future Project Plans u~c~a t iiii2oos Page 3 of 9 Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. No future plans. ___ VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: Restoration and enahancement of 10 6861inear feet (LF) of stream and enhancement of 1 094 LF of stream. 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts clue to hnth structure and flooding. Wetland Impact Type of Wetland Located within Distance to Area of Site Number Type of Impact (e.g., forested, marsh, 100-year Floodplain Nearest Stream Impact (acres) (indicate on map) herbaceous, bog, etc.) ( es/no) (linear feet) N/A Total Wetland Impact (acres) 3. List the total acreage (estimated) of all existing wetlands on the property: N/A 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams mast he included_ To calculate acrea~e_ multiply lenl?th X width. then divide by 43,560. Stream Impact Type of Perennial or Average Impact Area of Number Stream Name Impact Intermittent? Stream Width Length Impact (indicate on ma) Before Im act (linear feet) (acres) Unnamed Tributary No. Reach UT1 1 (UT1) to Big Cedar Restoration Perennial 10' 5,210 1.20 Creek Updated 11/1/2005 Page 4 of 9 Unnamed Tributary No. Reach UT2 2 (UT2) to Big Cedar Restoration Perennial 9' 463 0.10 Creek Big Cedar Creek Big Cedar Creek Restoration Perennial 15' 5,391 1.86 Total Stream Impact (by length and acreage) 11,064 3.16 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dredging, flooding, drainage, bulkheads, etc. Open Water Impact Name of Waterbody Type of Waterbody Area of Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact (indicate on map ocean, etc.) (acres) N/A Total Open Water Impact (acres) 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): 3.16 Wetland Impact (acres): Open Water Impact (acres): Total Impact to Waters of the U.S. (acres) 3.16 Total Stream Impact (linear feet): 11,064 7. Isolated Waters Do any isolated waters exist on the property? ^ Yes ®No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. N/A 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Current land use in the vicinity of the pond: N/A Size of watershed draining to pond: N/A Expected pond surface area: N/A VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It maybe useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact upaated t titiaoos Page 5 of 9 site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. The proposed impacts are required to restore stream functions, as described in the Big Cedar Creek Stream Restoration Plan. The project constitutes a positive impact since it will enhance stream function and habitat b~~rovin~ bed features in the stream and will result increase total stream length on the site from 11 661 feet to 12 377 feet. Construction practices will follow guidelines from the NC Erosion and Sediment Control Planning and Design Manual. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that maybe appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o. enr.state.nc.us/ncwetlands/strmgide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. See attached restoration plan: Big Cedar Creek Stream Restoration Plan 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at Updated 11/1/2005 Page 6 of 9 (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount ofNon-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/statellocal) funds or the use of public (federal/state) land? Yes ® No ^ 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ^ No 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^ X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify N/A )? Yes ^ No 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buf: Updated 11/1/2005 er multipliers. Zone* Impact Multiplier Required (square feet) Miti ation Page 7 of 9 1 3 (2 for Catawba) 2 1.S Total * Zone i extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additiona120 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. N/A XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. The nroiect involves work in the stream only. No work will be performed outside the stream corridor and no impervious area will be added during this project therefore this section is not applicable XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ^ No Is this an after-the-fact permit application? Yes ^ No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ^ No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: This is a stream restoration project that includes a conservation easement over the entire project area The easement is being held by the State of North Carolina and restricts any future development of the site XV. Other Circumstances (Optional): Updated 11/1/2005 Page 8 of 9 It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). Pedestrian surveys indicated no presence of threatened or endan erg ed species within the site limits nor are there any historical preservation issues on the site. Therefore there are no foreseen circumstances which would restrict work schedules. Applicants Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Updated 11/1/2005 Page 9 of 9 07-1~ ,.sM,~~jl ~ ~ A~ 4~ k_ .,, ~ -.~, y j ,'~.~ ~, s . ~ w~ s ~f i+, j, i ~ ~,~. : ~~ ~,,~ _ x ~' 5%(~ i~ :. ~-.. , 1Yb rv• ~sl ~~ ~' 4~. 'iG ~Ai it .' ~- .. -. _'. ` r . +? ~~;~;jai' ~ ~,,V'k / _ ~_ .. ~ Big Cedar Creek -near top of project. High shear Big Cedar Creek -near center of project. High stress forces cause bank instability, resulting in loss erodibility and lack of surface protection results in chaar nnctahlP hanirc Big Cedar Creek -cattle access point. Continuous Big Cedar Creek -near center of project. High bed and bank disturbance causes fine sediments to near bank stress results in shear, unstable left bank. enter the channel. Note invasive vegetation on rieht bank. Big Cedar Creek -typical. Long, straight, shallow Big Cedar Creek -near Mount Zion Road culvert. pool with vegetation dominated by invasive Mass aggradation in overly wide channel. species. ,~~a~~ ',,, ~1y ~, ; 7~ . ti ,~ ~ ~:`~ ice. 4~`. ~,-` n- ~~ ~~ ~L r ~,=f~ '.tMt w... ~~~ . ~ ~- ~ ~~ ~Y.l ~ SAC:.. ~~ (.... _ .. t ~ <. ~ +5~ ' i ~. .y ~ . .~ ~ 'J t ~ , i ~.~~ r~ ~ ,, :. l ac r ~*•;;,k~; s f . r rIR2 ~ . • ' ~1~' 7 # .~ rlE+a ~ -5 i F , ~ ?~, t .~e'../~ -sf' ~ia~LR.J~~ J ... ~ ~~~ UTl -typical. Max depth in pools is controlled by UTl -below agricultural crossing. Continuous bedrock, resulting in wide, shallow pools. bed and bank disturbance resulted in a lack of bed definition. ~ A 5~ .~ ~x4.R ,~ cS ^~..~,. b' ~~ ~ ~F ~= . -~ ::_^~, s. _ ,.~ k. - i~ yi• o v ' ,.; y. _ UT2 -agricultural crossing and shear, unstable banks below. UT1 -typical. Historic agricultural manipulation resulted in a straight channel lacking bedform diversity. Agricultural activities today come within feet of the channel. UT1. High shear stress forces cause bank instability, resulting in loss of bank vegetation. 07-1814 Categorical Exclusion Form for Ecosystem Enhancement Program Projects .. Project Name: Bi Cedar Creek Stream Restoration Project Count Name: Stanl Count EEP Number: D06054-D Project S onsor: Buck En ineerin , A Unit of Michael Baker Project Contact Name: Christine Miller Andrea S an ler Project Contact Address: 1447 S. T on St. Suite 200, Charlotte NC 28203 Pro"ect Contact E-mail: chdmiller mbakercor .com EEP Project Mana er: Jeff Jurek - - ~- The Big Cedar Creek Stream Restoration Project is located in southeastern Stanley County, approximately 8 miles south of the City of Albemarle the Yadkin River Basin (Figure 1). The project site is part of degraded stream system that drains to the Rocky River and includes the restoration of approximately 10,897 LF of stream for the purpose of obtaining stream mitigation credit for the NC Ecosystem Enhancement Pro ram. • - • Reviewed By: Date EEP-Project Manager Conditional Approved By: Date For Division Administrator FHWA ^ Check this box if there are outstanding issues Final Approval 6y: Date For DivisionAdministrator FHWA -. a .. Coastal Zone Mana ement Act CZMA 1. Is the project located in a CAMA county? ^Yes ®No 2. Does the project involve ground-disturbing activities within a CAMA Area of ^Yes Environmental Concern (AEC)? ^ No ® N/A 3. Has a CAMA permit been secured? ^Yes ^ No ® N/A 4. Has NCDCM agreed that the project is consistent with the NC Coastal Management ^Yes Program? ^ No ® N/A Com rehensive Environmental Res onse Com , nsation and Liabilit Act C ERCLA 1. Is this a "full-delivery" project? ®Yes ^ No 2. Has the zoning/land use of the subject property and adjacent properties ever been ^Yes designated as commercial or industrial? ®No ^ N/A 3. As a result of a limited Phase I Site Assessment, are there known or potential ^Yes hazardous waste sites within or adjacent to the project area? ®No ^ N/A 4. As a result of a Phase I Site Assessment, are there known or potential hazardous ^Yes waste sites within or adjacent to the project area? ^ No ® N/A 5. As a result of a Phase II Site Assessment, are there known or potential hazardous ^Yes waste sites within the project area? ^ No ® N/A 6. Is there an approved hazardous mitigation plan? ^Yes ^ No ® N/A National Historic Preservation Act Section 106 1. Are there properties listed on, or eligible for listing on, the National Register of ^Yes Historic Places in the ro~ect area? ®No 2. Does the project affect such properties and does the SHPO/THPO concur? ®Yes ^ No ^ N/A 3. If the effects are adverse, have they been resolved? ^Yes ^ No ® N/A Uniform Relocation Assistance and Real Pro ert Ac uisition Policies Act Uni form Act 1. Is this a "full-delivery" project? ®Yes ^ No 2. Does the project require the acquisition of real estate? ®Yes ^ No ^ N/A 3. Was the property acquisition completed prior to the intent to use federal funds? ^Yes ® No ^ N/A 4. Has the owner of the property been informed: ®Yes "prior to making an offer that the agency does not have condemnation authority; and ^ No * what the fair market value is believed to be? ^ N/A . ~ -. a .. American Indian Reli ious Freedom Act AIRFA 1. Is the project located in a county claimed as "territory" by the Eastern Band of ^Yes Cherokee Indians? ®No 2. Is the site of religious importance to American Indians? ^Yes ^ No ® N/A 3. Is the project listed on, or eligible for listing on, the National Register of Historic ^Yes Places? ^ No ® N/A 4. Have the effects of the project on this site been considered? ^Yes ^ No ® N/A Anti uities Act AA 1. Is the project located on Federal lands? ^Yes ®No 2. Will there be loss or destruction of historic or prehistoric ruins, monuments or objects ^Yes of antiquity? ^ No ® N/A 3. Will a permit from the appropriate Federal agency be required? ^Yes ^ No ® N/A 4. Has a permit been obtained? ^Yes ^ No ® N/A Archaeolo ical Resources Protection Act ARPA 1. Is the project located on federal or Indian lands (reservation)? ^Yes ®No 2. Will there be a loss or destruction of archaeological resources? ^Yes ^ No ® N/A 3. Will a permit from the appropriate Federal agency be required? ^Yes ^ No ® N/A 4. Has a permit been obtained? ^Yes ^ No ® N/A Endan ered S ecies Act ESA 1. Are federal Threatened and Endangered species and/or Designated Critical Habitat ®Yes listed for the count ? ^ No 2. Is Designated Critical Habitat or suitable habitat present for listed species? ®Yes ^ No ^ N/A 3. Are T8~E species present or is the project being conducted in Designated Critical ^Yes Habitat? ®No ^ N/A 4. Is the project "likely to adversely affect" the specie and/or "likely to adversely modify" ^Yes Designated Critical Habitat? ^ No ® N/A 5. Does the USFWS/NOAA-Fisheries concur in the effects determination? ^Yes ^ No ® N/A 6. Has the USFWS/NOAA-Fisheries rendered a "jeopardy" determination? ^Yes ^ No ® N/A Executive Order 13007 Indian Sacred Sites 1. Is the project located on Federal lands that are within a county claimed as "territory" ^Yes b the EBCI? ®No 2. Has the EBCI indicated that Indian sacred sites may be impacted by the proposed ^Yes project? ^ No ® N/A 3. Have accommodations been made for access to and ceremonial use of Indian sacred ^Yes sites? ^ No ® N/A Farmland Protection Polic Act FPPA 1. Will real estate be acquired? ®Yes ^ No 2. Has NRCS determined that the project contains prime, unique, statewide or local ®Yes important farmland? ^ No ^ N/A 3. Has the completed Form AD-1006 been submitted to NRCS? ®Yes ^ No ^ N/A Fish and Wildlife Coordination Act FWCA 1. Will the project impound, divert, channel deepen, or otherwise control/modify any ®Yes water bod ? ^ No 2. Have the USFWS and the NCWRC been consulted? ®Yes ^ No ^ N/A Land and Water Conservation Fund Act Section 6 1. Will the project require the conversion of such property to a use other than public, ^Yes outdoor recreation? ®No 2. Has the NPS approved of the conversion? ^Yes ^ No ® N/A Ma nuson-Stevens Fishe Conservation and Mana ement Act Essential Fish Habitat 1. Is the project located in an estuarine system? ^Yes ®No 2. Is suitable habitat present for EFH-protected species? ^Yes ^ No ® N/A 3. Is sufficient design information available to make a determination of the effect of the ^Yes project on EFH? ^ No ® N/A 4. Will the project adversely affect EFH? ^Yes ^ No ® N/A 5. Has consultation with NOAH-Fisheries occurred? ^Yes ^ No ® N/A Mi raty Bird Treat Act MBTA 1. Does the USFWS have any recommendations with the project relative to the MBTA? ^Yes ®No 2. Have the USFWS recommendations been incorporated? ^Yes ^ No ® N/A Wilderness Act 1. Is the project in a Wilderness area? ^Yes ®No 2. Has a special use permit and/or easement been obtained from the maintaining ^Yes federal agency? ^ No ® N/A . Categorical Exclusion -Summary Project Background The Big Cedar Creek Stream Restoration Project involves the restoration of approximately 10,897 linear feet of stream in Stanly County for the purpose of obtaining stream mitigation credit for the NC Ecosystem Enhancement Program (EEP). The recent land use of the site has been primarily agriculture, both cropland and pasture for cattle. The historic agricultural land uses and degraded nature of the site present a significant opportunity for water quality and ecosystem improvements. The National Environmental Policy Act of 1969 (NEPA) requires agencies to use an interdisciplinary approach in planning and decision-making for actions that will have an impact on the environment. The Federal Highway Administration (FHWA) and NC Department of Transportation (NCDOT) have determined that EEP projects will not involve significant impacts and therefore a Categorical Exclusion (CE) is the appropriate type of environmental document for this project. FHWA has also determined that stream restoration projects are considered land disturbing activities, so Parts 2 and 3 of the EEP checklist and the following environmental laws are applicable to this project (backup information is located in the appendix): Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) Environmental Data Resources, Inc (EDR) prepared a Radius Map Report with Geocheck on August 15, 2006. Based on the EDR report, there are no known or potential hazardous waste sites within or adjacent to the project area. The Executive Summary of the EDR report is included in the Appendix. National Historic Preservation Act (Section 106) Buck Engineering requested review and comment from the State Historic Preservation Office (SHPO) on any possible issues that might emerge with respect to architectural or archaeological resources from the restoration project on August 29, 2006. SHPO's review of the project on September 15, 2006 found no historic resources that would be affected by the project. All correspondence on this issue is included in the Appendix. Uniform Relocation Assistance and Real Property Act The property owners with land involved in the stream restoration project were notified prior to signing the Option Agreement for the Conservation Easement, that Buck Engineering did not have condemnation authority and what the fair market value is of the land involved. Copies of the Option Agreement are included in the Appendix. Endangered Species Act (ESA) Buck Engineering reviewed both the NC Natural Heritage Program (NCNHP) and the US Fish and Wildlife Service (USFWS) lists of rare and protected animal and plant species and found that two federally listed species are known to occur in Stanly County: the Bald eagle (Haliaeetus leucocephalus) and Schweinitz's sunflower (Helianthus schweinitzi~). Suitable habitat does not exist for the bald eagle since the project site is more than 0.5 miles from open water, the preferred nesting distance of the bald eagle. Suitable habitat does exist for Schweinitz's sunflower in woodland openings and adjacent agricultural land. A pedestrian survey of the project area was conducted on September 14, 2006 during blooming season. Schweinitz's sunflower was not observed in or adjacent to the project area during the field survey; therefore, it is anticipated that project construction will have "no effect" on these two species. 4 The USFWS was notified of the project on September 15, 2006. Buck Engineering has not ~' ~ '' received any comments from the USFWS at this time. Correspondence on this issue is included in the Appendix. Farmland Protection Policy Act (FPPA) On August 29, 2006, Buck Engineering submitted the AD-1006 form for the Big Cedar Creek site to the Stanly County Natural Resources Conservation Service (NRCS) office. The NRCS determined that implementation of this restoration project would result in the conversion of 23.2 acres of farmland soils. Buck Engineering submitted the completed AD-1006 form to the Stanly County NRCS office on September 6, 2006. All correspondence on this issue is included in the Appendix. Fish and Wildlife Coordination Act (FWCA) A letter was sent by Buck Engineering to the NC Wildlife Resources Commission (NCWRC) on September 15, 2006 requesting their comment and review on the Big Cedar Creek Stream Restoration Project. NCWRC responded on October 2, 2006 stating they did not "anticipate impacts to listed wildlife species". Copies of both letters are included in Appendix A. Buck Engineering sent a letter to the USFWS on September 15, 2006 requesting their comment and review on the Big Cedar Creek Stream Restoration Project. Buck Engineering has not received any comments from the USFWS at this time. All correspondence on this issue is included in the Appendix. Migratory Bird Treaty Act (MBTA) A letter was sent by Buck Engineering to the USFWS on September 15, 2006 requesting their comment and review on the Big Cedar Creek Stream Restoration Project in relation to migratory birds. Buck Engineering did not receive any comments from the USFWS on this issue. All correspondence with the USFWS is included in the Appendix. 5 October 18, 2006 Ms. Andrea Spangler Buck Engineering, A Unit of Michael Baker 1447 South Tryon Street, Suite 200 Charlotte, North Carolina 28203 Subject: Categorical Exclusion Form for Big Cedar Creek Stream Restoration Project Yadkin River Basin - CU# 03040105 Stanly County, North Carolina Contract No. D06454-U Dear Ms. Spangler: Attached please find the approved Categorical Exclusion Form for the subject full delivery project. Picric include a copy of the form in your Restoration Plan. You may submit an invoice for completion of the Task 1 deliverable in the amount of $ i 50,738.00 (5% of contract). If you have any questions, or wish to discuss this matter further, please contact me at any tithe. I can be reached at {919) 715-1656, or email me at ~t~pe~•ce~~~,nctnail.t~et. Sincerely, (.ruy C. I earc:e EEP Full Delivery Program. Supervisor ec: file { s ~ ~,~~ ~ ~ ~ R .~ ~ ~. ~iCDE1~Et North ~aroli€ta Ecosysteifit [n~ar~c~nTe~~t' Program, 1652 Mail Service Ce~rter, R~l~ig{i, NC 27699-1652 / 9i9-715-4476 / www.nceep.net Categorical Exclusion Form for Ecosystem Enhancement Program Projects Pro ect Name; Bi Cedar Creek Stream Restoration Pro ect Caen ame: Cant ount EEp Number: p - Pra ect onsor: Buck En ineerin A Unit of Michael Baker Pra'ect Contact: Name: Andrea S an ler Pra'ect Contact ddress: 1447 . Tr on St. Suite 200, arlatteN 282()3 ra'ect Cont2~ot E-mails as an ler~mbakercor .com EEP Pro ect Ana er: Jeff Jurek ~ ~. # The Big Cedar Creek Stream Restoration Project is located in southeastern Stanley County, approximately 8 miles south of the City of Albemarle in the Yadkin River Basin (Figure 1}. The project site is part of degraded stream system that drains to the Rocky River and includes the restoration of approximately 12,040 LF of stream far the purpose of obtaining stream mitigation credit far the NC Ecosystem Enhancement Pro ram. ~ ~ - a Reviewed ey Date EEP Project Manager Conditional Approved ay: Date For Division AdEtnintstrator FHWA ~,] Check this box if there are outstanding Issues Flnal Approval By: ,- Date For Division Adrr~lnistrator FHWA R® Environmental Data Resources Inc The EDR Radius Map with GeoCheck® Blockhouse House Creek Stream Restoration Project- Polk County Tryon, NC 28782 Inquiry Number: 01735539.1r August 15, 2006 The Standard in Environmental Risk Management Information 440 Wheelers Farms Road Milford, Connecticut 06461 Nationwide Customer Service Telephone: 1-800-352-0050 Fax: 1-800-231-6802 Internet: www.edrnet.com FORM-NULL{RN r TABLE OF CONTENTS SECTION PAGE Executive Summary----------------------------------------- ------------- ES1 Overview Map---------------------------------------------- ------------ 2 Detail Map------------------------------------------------- ------------ 3 Map Findings Summary-------------------------- ------- ------------- 4 Map Findings---------------------------------------------- ------------. 6 Orphan Summary------------------------------------------- ------------ 9 Government Records Searched/Data Currency Tracking_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ GR-1 GEOCHECK ADDENDUM Physical Setting Source Addendum_____________________________ ____________ A-1 Physical Setting Source Summary______________________________ ____________- A-2 Physical SettingSSURGOSoiIMap_____________________________ _____________ A-5 Physical Setting Source Map__________________________________ ____________- A-11 Physical Setting Source Map Findings___________________________ ____________ A-12 Physical Setting Source Records Searched_______________________ ____________- A-19 Thank you for your business. 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Purchaser accepts this Report "AS IS". Any analyses, estimates, ratings, environmental risk levels or risk codes provided in this Report are provided for illustrative purposes only, and are not intended to provide, nor should they be interpreted as providing any facts regarding, or prediction or forecast of, any environmental risk for any property. Only a Phase I Environmental Site Assessment pertormed by an environmental professional can provide information regarding the environmental risk for any property. Additionally, the information provided in this Report is not to be construed as legal advice. Copyright 2006 by Environmental Data Resources, Inc. All rights reserved. Reproduction in any media or format, in whole or in part, of any report or map of Environmental Data Resources, Inc., or its affiliates, is prohibited without prior written permission. EDR and its logos (including Sanborn and Sanbom Map) are trademarks of Environmental Data Resources, Inc. or its affiliates. All other trademarks used herein are the roe of their res ective owners. TC01735539.1r Page 1 EXECUTIVE SUMMARY A search of available environmental records was conducted by Environmental Data Resources, Inc (EDR). The report was designed to assist parties seeking to meet the search requirements of EPA's Standards and Practices for All Appropriate Inquiries (40 CFR Part 312), the ASTM Standard Practice for Environmental Site Assessments (E 1527-05) or custom requirements developed for the evaluation of environmental risk associated with a parcel of real estate. TARGET PROPERTY INFORMATION ADDRESS RESTORATION PROJECT- POLK COUNTY TRYON, NC 28782 COORDINATES Latitude (North): Longitude (West): Universal Tranver: UTM X (Meters): UTM Y (Meters): Elevation: 35.201500 - 35° 12' S.4" 82.175500 - 82° 10' 31.8" >e Mercator: Zone 17 392992.3 3895823.8 912 ft. above sea level USGS TOPOGRAPHIC MAP ASSOCIATED WITH TARGET PROPERTY Target Property Map: 35082-82 LANDRUM, SC Most Recent Revision: 1987 TARGET PROPERTY SEARCH RESULTS The target property was not listed in any of the databases searched by EDR. DATABASES WITH NO MAPPED SITES No mapped sites were found in EDR's search of available ("reasonably ascertainable ") government records either on the target property or within the search radius around the target property for the following databases: FEDERAL RECORDS NPL_________________________ National Priority List Proposed NPL_ _ _ _ _ _ _ _ _ _ _ _ _ __ Proposed National Priority List Sites Delisted NPL________________ National Priority List Deletions NPL RECOVERY____________.Fedeval Superfund Liens CERCLIS_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Comprehensive Environmental Response, Compensation, and Liability Information System CERC-NFRAP_______________ CERCLIS No Further Remedial Action Planned CORRACTS_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Corrective Action Report RCRA-TSDF_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Resource Conservation and Recovery Act Information RCRA-LQG_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Resource Conservation and Recovery Act Information TC01735539.tr EXECUTIVE SUMMARY 1 EXECUTIVE SUMMARY RCRA-SQG_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Resource Conservation and Recovery Act Information ERNS_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Emergency Response Notification System HMIRS_______________________ Razardous Materials Information Reporting System US ENG CONTROLS________ Engineering Controls Sites List US INST CONTROL________. Sltes with Institutional Controls DOD_________________________ Department of Defense Sites FUDS________________________ FormeAy Used Defense Sites US BROWNFIELDS__________ AListing of Brownfields Sites CONSENT___________________ Superfund (CERCLA) Consent Decrees ROD_________________________ Recnrds Of Decision UMTRA______________________ Vranium Mill Tailings Sites ODI__________________________ open Dump Inventory TRIS_________________________ Tnxic Chemical Release Inventory System TSCA________________________ Tnxic Substances Control Act FTTS________________________ FIFRA/TSCATrackingSystem-FIFRA(Federallnsecticide,Fungicide,& Rodenticide Act)/TSCA (Toxic Substances Control Act) SSTS________________________ Section 7 Tracking Systems ICIS_________________________. lntegrated Compliance Information System PADS________________________ POB Activity Database System MLTS________________________ Materlal Licensing Tracking System MINES_______________________ Mlnes Master Index File FINDS_______________________ Facility Index System/Facility Registry System RAATS_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ RCRA Administrative Action Tracking System STATE AND LOCAL RECORDS NC SHWS___________________ Inactive Hazardous Sites Inventory SC SHWS___________ ________.Slte Assessment Section Project List NC HSDS___________ _________Razardous Substance Disposal Site SC GWCI____________ ________ Groundwater Contamination Inventory NC SWF/LF_________ _________Llst of Solid Waste Facilities SC SWF/LF__________ ________Permltted Landfills List NC OLI______________ ________ Old Landfill Inventory SC LUST____________ ________ Leaking Underground Storage Tank List NC LUST TRUST____ ________ State Trust Fund Database NC UST_____________ _________Petrnleum Underground Storage Tank Database SC UST_____________ _________Oomprehensive Underground Storage Tanks NC AST_____________ ________.RST Database SC AST_____________ _________Rboveground Storage Tank List SC Spills____________ ________ Spill List NC INST CONTROL ________. No Further Action Sites With Land Use Restrictions Monitoring SC AUL____________ ________. Land Use Controls NC VCP_____________ ________. Responsible Party Voluntary Action Sites SC VCP_____________ ________.Vnluntary Cleanup Sites NC DRYCLEANERS_ _ _ _ _ _ _ _ _ Drycleaning Sites SC DRYCLEANERS_ ________ DrycleanerDatabase NC BROWNFIELDS_ _ _ _ _ _ _ _ _. Brownfields Projects Inventory SC BROWNFIELDS__ ________Brnwnfields Sites Listing NC NPDES__________ ________. NPDES Facility Location Listing TRIBAL RECORDS INDIAN RESERV____________.lndian Reservations INDIAN LUST________________Leaking Underground Storage Tanks on Indian Land INDIAN UST_________________ Underground Storage Tanks on Indian Land TC01735539.1r EXECUTIVE SUMMARY 2 EXECUTIVE SUMMARY EDR PROPRIETARY RECORDS Manufactured Gas Plants___ EDR Proprietary Manufactured Gas Plants EDR Historical Auto StationsEDR Proprietary Historic Gas Stations EDR Historical Cleaners____. EDR Proprietary Historic Dry Cleaners SURROUNDING SITES: SEARCH RESULTS Surrounding sites were identified. Elevations have been determined from the USGS Digital Elevation Model and should be evaluated on a relative (not an absolute) basis. Relative elevation information between sites of close proximity should be field verified. Sites with an elevation equal to or higher than the target property have been differentiated below from sites with an elevation lower than the target property. Page numbers and map identification numbers refer to the EDR Radius Map report where detailed data on individual sites can be reviewed. Sites listed in bold italics are in multiple databases. Unmappable (orphan) sites are not considered in the foregoing analysis. STATE AND LOCAL RECORDS NC IMD: Incident Management Database. A review of the NC IMD list, as provided by EDR, and dated 04/01/2006 has revealed that there is 1 NC IMD site within approximately 1 mile of the target property. Equal/Higher Elevation Address Dist /Dir Map ID Page SANDY PLAINS TEXACO 6213 SOUTH HIGHWAY 9 1/2 - 1 WSW 1 6 NC LUST: The Leaking Underground Storage Tank Incidents Management Database contains an inventory of reported leaking underground storage tank incidents. The data come from the Department of Environment, & Natural Resources' Incidents by Address. A review of the NC LUST list, as provided by EDR, and dated 06/02/2006 has revealed that there is 1 NC LUST site within approximately 1 mile of the target property. Equal/Higher Elevation Address Dist /Dir Map ID Page SANDY PLAINS TEXACO 6213 SOUTH HIGHWAY 9 1/2 - 1 WSW 1 6 Incident Phase: Closed Out TC01735539.1r EXECUTIVE SUMMARY 3 EXECUTNE SUMMARY Due to poor or inadequate address information, the following sites were not mapped: Site Name CARTRETTE FIELD LITTLE MOUNTAIN LANDFILL POLK COUNTY MSW LANDFILL POLK COUNTY C&D LANDFILL TRYON TOWN OF ELLIS M. PINCHER & VMH, INC. GREENVILLE WOOD WASTE RECYCLING CENTER WOOD GRINDI COLUMBUS CHEVRON-550 GAL. UST DUKE POWER OPNS CTR-TRYON COLUMBUS BP SERVICE DIAMOND B KWIK SHOPS INC FOWLERS GROCERY SOUTHERN GROCERY FAIRVIEW AIRPORT RONNIES CITGO AMOCO #961 RICHARD THOMPSON RESIDENCE DILLS GROCERY WEST STATE LINE GULF SERVICE TRYON LUMBER CO TLC CHEVROLET INC FAIRVIEW AIRPORT SPINX 165 SANDY PLAINS TEXACO 10283 RED FOX COUNTRY CLUB SOUTHERN MERCERIZ-DIV OF DI DIXIE YARNS FACILITY (FORMER) LITTLE MOUNTAIN LDFL TRYON PLANT WWTP Database(s) NC SHWS NC SHWS, NC VCP NC SWF/LF NC SWF/LF NC SWF/LF NC SWF/LF SC SWF/LF NC LUST, NC IMD NC LUST, NC IMD NC LUST, NC IMD FINDS, SC LUST FINDS, SC LUST FINDS, SC LUST FINDS, SC LUST SC LUST, SC UST NC LUST TRUST NC LUST TRUST SC UST SC UST SC UST SC UST SC UST SC UST NC UST NC UST RCRA-SOG, FINDS NC IMD NC OLI NC NPDES TC01735539.1r EXECUTIVE SUMMARY 4 OVERVIEW MAP - 01735681.1 r Tq~ r~_ i ~ ~ / ~ , ' ~ ~ ~. t! ~';}',ti j U'l 1 ~ Target Property Sites at elevatons higher than or equal to the target property • Sites at elevations lower than the target property L Manufactured Gas Plants National Priority List Sites Landfill Sites ~~ Dept. Defense Sites 0 ll2 1 2Mtle5 -j Indian Reservations BIA Hazardous Substance n/ County Boundary Disposal Sites Oil & Gas pipelines National Wetland Inventory State Wetlands SITE NAME: Big Cedar Creek Stream Restoration CLIENT: Buck Engineering ADDRESS: Stanley County CONTACT: Andrea Spangler Norwood NC 28128 INQUIRY#: 01735681.1r LAT/LONG: 35.1989 / 80.1303 DATE: August 15, 2006 Copyright ~; 2006 EDR, Ina cs~ 2006 Tale AUas Rel. 07!2005. r /. / OPTION TO PURCHASE CONSERVATION EASEMENT THIS OPTION TO PURCHASE CONSERVATION EASEMENT (the "Option") is made and entered into this 13th day of March, 2006 (the "Effective Date"), by and among Ann Lefler Thompson, Doris Lefler West, John U. Garner, and David L. Garner (the "Grantor"), and BUCK ENGINEERING PC, a North Carolina professional corporation ("Buck"). WITNESSETH: WHEREAS, Grantor is the owner of two tracts of real property located in Stanly County, North Carolina, containing 449.7 and 93.4 acres, more or less, as more particularly described on Exhibit A attached hereto and incorporated herein by reference, together with the improvements thereon and all appurtenances thereto belonging and appertaining, and all creeks, streams, rights-of-way, roads, streets and ways bounding said real property (collectively the "Property"); and WHEREAS, Grantor has agreed to convey to Buck, an exclusive right and option to acquire a conservation easement, as more particularly described on the attached Exhibit B (the "Easement"), over the Property in accordance with the terms of this Option; and WHEREAS, Buck is interested in acquiring the Easement in order to develop and construct a full delivery wetland, stream, and/or buffer restoration project over the lands covered by the Easement (the "Work") in conjunction with requests for proposals issued under the Ecosystem Enhancement Program (formerly the Wetlands Restoration Program) within the North Carolina Department of Environment and Natural Resources ("DENR") and Buck has agreed to undertake such Work with respect to the Easement in accordance with the scope of work set forth in Exhibit C, attached hereto; and WHEREAS, in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Buck hereby notifies Grantor that: (i) Buck believes the fair market value of the Easement is the Purchase Price, pursuant to Paragraph 4(a), together with the value of the environmental improvements to be made to the Easement by Buck in performing the Work on the Easement; and (ii) Buck does not possess the power of eminent domain; NOW THEREFORE, in consideration of the sum of Five Thousand dollars ($5,000.00) (the "Option Deposit") and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Grant of Option. Grantor hereby grants unto Buck, its successors and assigns, including a third-party designated by Buck qualified to be the grantee of a conservation easement under N.C.G.S. §121-35, the exclusive right and option to purchase the Easement in accordance with and subject to the terms and conditions set forth in this Option. 2. Term. The term of this Option shall commence on the Effective Date and shall expire Twelve (12) months after the Effective Date (the "Term"), unless extended by the parties, in writing. A Memorandum of Option to Purchase Easement in the form attached as Exhibit D shall be executed by both parties simultaneously with this Option and recorded at Buck's sole discretion and expense in the county where the Property is located to provide record notice of this Option. In no event shall this Option be recorded or filed in the public records. Book Page 1108 0459 Prepared by and Return: Shawn Wilkerson Buck Engineering 1447 S. Tryon Ste. 200 Charlotte, NC 28203 FILED STJdiLY COUNTY NC 03/10/200.6 11:40 AM CECIL ]1LMOND Register Of Deeds EXHIBIT D MEMORANDUM OF OPTION TO PURCHASE CONSERVATION EASEMENT THIS MEMORANDUM FOR OPTION TO PURCHASE CONSERVATION EASEMENT ("Memorandum") is made and entered into this 13th day of March, 2006, by and between Ann Lefler Thompson, Doris Lefler West, John U. Garner, and David L. Garner, ("Grantor") and BUCK ENGINEERING PC, a North Carolina professional corporation ("Buck"). WHEREAS, Grantor and Buck have entered into a certain Option to Purchase Conservation Easement (the "Option") dated March 11, 2006, pursuant to which Grantor granted to Buck, its successors and assigns, an option to purchase a conservation easement (the "Easement") over certain real property located in Stanly County, North Carolina, which is more particularly described on the attached Exhibit D.1 and WHEREAS, The parties enter into this Memorandum for the purpose of setting forth certain terms and conditions of the Option and to provide constructive notice of the Option; NOW, THEREFORE, in consideration of the foregoing, the parties hereby agree as follows. 1. The term of the Option commenced on March 13, 2006 and shall expire on March 13, 2007. 2. All of the provisions set forth in the Option are incorporated in this Memorandum by reference. 3. The Option shall be binding upon and inure to the benefit of the parties and their respective heirs, successors and assigns. [SIGNATURES AND NOTARY ACKNOWLEDGMENTS APPEAR ON FOLLOWING PAGES] 11 IN WITNESS WHEREOF, the parties have duly executed this Memorandum as of the date first above written. GRANTOR: B ~'~ f"7 / y' Print Name: Doris Lefler West Title: STATE OF SO `~h ~ ~~/~Q COUNTY OF ~~~"ehc~= ;;~~~~~~ , YV I, a Notary Public of the County and State aforesaid, certify that ~D~'~~e ~~personally appeared before me this day and acknowledged that he/she voluntarily executed the foregoing instrument. I have received satisfactory evidence of the principal's identity in the form of SG ,~r~ vets' L-cer-sE' . This the ~1 Ghday of ~~ 2006. fficia ignatur'epf No~Y ~/9iet~ L /Y~/~~1~! ,Notary Public Notary Public Notary's printed or typed name My Commission Expires: c/.9N ~ ~O/~ [AFFIX NOTARIAL STAMP-SEAL] 11 IN WITNESS WHEREOF, the parties have duly executed this Memorandum as of the date first above written. GRANTOR: Print Name: Ann Lefler Thompson Title: STATE OF ~„~,rN ~~~, N ti COUNTY OF ~~~ I, a Notary Public of the County and State aforesaid, certify that ~u~ L~ ~,F27,J,~,~personally appeared before me this day and acknowledged that he/she voluntarily executed the foregoing instrument. I have received satisfactory evidence of the principal's identity in the form of ~ c 'vim„~2 L, ~ E~s~ This the ~ day of !'I~c«I , 200(0 . ic' gnature of Notary ,_ t ~„(~u~fl SSwruM), Notary Public Notary Public Notary's printed or typed name My Commission Expires: ~~ 12 ~ Zoi n [AFFIX NOTARIAL STAMP-SEAL] 12 IN WITNESS WHEREOF, the parties have duly executed this Memorandum as of the date first above written. GRANTOR: ~~--. Print Name: ~hn U. Gamer Title: STATE OF VIRGINIA COUNTY OF GRAYSON I, a Notary Public of the County and State aforesaid, certify that John U . Garner personally appeared before me this day and acknowledged that he/she voluntarily executed the foregoing instrument. I have received satisfactory evidence of the principal's identity in the form of VA driver's license This the 9th day of March ~ 20 06 , ti~ ~ O cial Signature of Notary Darlene F. Edwards ,Notary Public Notary Public Notary's printed or typed name My Commission Expires: May 31, 2006 [AFFIX NOTARIAL STAMP-SEAL] 14 IN WITNESS WHEREOF, the parties have duly executed this Memorandum as of the date first above written. GRANTOR: 1 By: Q'`'`'"~ Print Name: David L. Garner Title: STATE OF ~0!-~V~l ~It' COUNTY OF~~ bf~. //~~ I, a Notary Public of the County and State aforesaid, certify that ~V~~170.t"AU` . personally appeared before me this day and acknowledged that he/she voluntarily executed the foregoing instrument. I have received satisfactory evidence of the principal's identity in the form of i~IG ~L_~~_• This the ~ day of 20~~4 . Notary Public Notary's prQrted or typed name My Commission Expires: ~ ~ ((~ ~ ~~ ~N„ua~mNwa,~ [AFFIX NOTARIAL STAMP-SE~Biw;~ A ~'4s ~ ~oTaRyt~ o ~ .:~-- ~~ pU81.~C'~ci a y~y~~ ~~ ?a;. y ~~CA C0~1}11~~~ ~ ass ~~. y~~~41 u.puAt~~ 14 BUCK ENGINEERING PC, a North Carolina professi al corporation By: ~ . Print Name: Shawn Wilkerson Title: Vice-President STATE OF NORTH CAROLINA COUNTY OF ~lJ~x~ I, Feu.,-r >J,r~fwee S~tt~M~l _, the undersigned Notary Public of the County and State aforesaid, certify that gruwn~ 1,,~i~Ker~sb,~r personally appeared before me this day, acknowledging to me that he is t1,4~- 1~t~s~esKc of r3~<K Fw ~.uueew~ls. ~~, a North Carolina professional corporation and that he acknowledged to me that he voluntarily signed the foregoing document for the purposes therein expressed and in the representative capacity so stated. I have received satisfactory evidence of the principal's identity in the form of N C Datoea L ~c ~~s~ Witness my hand and Notarial stamp or seal, this Z*~ day of M~ac~ , 200. oil Pu11blic F~.VN lA/'~Nf~Zi2D a3t Vt ~ M A IJ Typed or Printed Name of Notary My Commission Expires: MAY 12~ Zav 15 September 15, 2006 Shannon Deaton, North Carolina Wildlife Resource Commission Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699 Buck Engineering A Unit of Michael Baker 1447 S. Tryon St. Charlotte, NC 28203 704-334-4454 FAX 704-334-4492 Subject: North Carolina Ecosystem Enhancement Program (NCEEP) Big Cedar Creek Stream Restoration Project Stanly County, NC Dear Ms. Deaton, The purpose of this letter is to request review and comment on any possible issues that might emerge with respect to the fish and wildlife associated with the Big Cedar Creek Stream Restoration Project, located in Stanly County (a USGS site map with approximate areas of potential ground disturbance is enclosed). The Big Cedar Creek site has been identified for the purpose of providing in-kind mitigation for unavoidable stream channel impacts. Several sections of the channel have been identified as significantly degraded. This stream restoration site was selected based on its probability to restore high quality stream habitat where it has ceased to exist. The conceptual plan for this project calls for the restoration of these channels [o a stable condition. This process will involve the restoration of natural channel dimension, pattern and profile and the reestablishment of forested riparian buffers within the project area. A threatened and endangered species survey was conducted on September 14, 2006 for the two federally protected species listed for Stanly County: bald eagle (Haliaeetc~s lecicocephalus) and Schweinitz's sunflower (Helianthus schweinitzii). Suitable habitat does not exist for the bald eagle since the project site is more than 0.5 miles from open water, the preferred nesting distance of the bald eagle. Suitable habitat does exist for Schweinitz's sunflower but no species were observed in or adjacent to the project area during the field survey; therefore, it is anticipated that these species will not be impacted by the proposed project. We have enclosed a copy of the vicinity map and USGS topographic map that includes the proposed stream restoration project site. We ask that you review this information to determine the presence of any constraints concerning protected species. Your correspondence will be forwarded to the North Carolina Ecosystem Enhancement Program for consideration. Challeng~eUs. We thank you in advance for your timely response and cooperation. Please feel free to contact us with any questions that you may have concerning this stream restoration project (704-319-7889). Sincerely, Eric Mularski Buck Engineering A Unit of Michael Baker Chal/engeUs_ ~ North Carolina ~'~Vildlife Resources Commission Richard B. Hamilton, Executive Director 2 October 2006 Mr. Eric Mularski Buck Engineering - A Unit of Michael Baker 1447 S. Tryon Street Charlotte, NC 28203 Subject: Big Cedar Creek Stream Restoration Project, Stanly County, North Carolina. Dear Mr. Mularski: Biologists with the North Carolina Wildlife Resources Commission have reviewed the subject document. 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 North Carolina Ecosystem Enhancement Program has identified a stream restoration site along Big Cedar Creek in the Yadkin-Pee Dee River basin. Several sections of channel have been identified as significantly degraded. The stream will be restored to natural channel dimension, pattern and profile and forested riparian buffers will be re-established. There are records for the state threatened Roanoke slabshell (Elliptio roanokensis) downstream in Rocky River. We recommend you consult with the U.S. Fish and Wildlife Service regarding potential impacts to Schweinitz's sunflower (Helianthus schweinltzit~. Stream and wetland restoration projects often improve water quality and aquatic habitat. Provided measures are taken to minimize erosion and sedimentation from construction/restoration 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, _..~~1-~-~.~-~ ~,~,~ Shari L. Bryant Piedmont Region Coordinator Habitat Conservation Program ,, 4 .,...:,~ . , ~.... Mailing Address: Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Faz: (919) 707-0028 . . August ?~J, ?U06 1is. Renzssa Brown District Conservationist 2b03?-C Newt Road Albemarle, Iv'C ?S()()[ Subject: North Carolina Ecosystem F.nhancemcnt Program Big Cedar Creek Sh~c:am Restoration Prc~jcct, Stanly County. NC [dear h4s. Brown: Buck Engineering A Unit of Michael Baker 1447 S. Tryon St. Charlotte. NC 28203 704-334-4454 FAX 704-334-4492 The purposed of this letter is to request your assistance in iompletin~~ a Farmland Conversion Impac! Rating form for the subject sire. Enclosed please find a copy of Lhe lone, vicinity Wrap, USGS topographic map, and soils map of the project site. For this stream restoration project, ground disturbing activities arc indicated by the areas bounded in red on the encioscd mafx. 'These aretis include'?.3 acres of Oakboro silt loam, U.9 acres of Congaree tine sandy loam, and 0.1 acre of T3adin ch<mnery silt loam wide 1 ~-4~`~~ slopes. Based on our evaluation. ~~~~ estimate that ?3.? acres of Primz Farmland ~~rill be converted tee nunagricuhural use by this action. W'e knew that ti~ou have more famiiiarit~~~ with the region ~u~d we ~~ill be happy to maku an_y changes to the farm that you deem appropriate. Please. return the farm to us with your determinations and we will fill out the remainder of the form. Our Fax number is (7t)4) 334-44y?. If you have any questions, please feel tree to contact me at (7U4) 31 ~)-7851 or a5panglertu;mbakerc;orp.com. Thank you tf~r your assistance in thin matter. SIRCeI'etV, Andrea Spamaer Buck En~*iueering .1 Unit of l4~fichael Baker t" United States Department of USDA Agriculture September 7, 2006 Ms Andrea Spangler Buck Engineering 1447 South Tryon Street Charlotte, NC 28203 Dear Ms. Spangler; Natural Resources Conservation Service 530 West Innes Street Salisbury, NC 28144 Telephone: 704-637-2400 Fax: 704-637-8077 I have completed the Farmland Impact Conversion Rating forms (AD1006). After section VII of the form is completed, please send a copy back to me for the files. If you need a further i _ ormation, please call. ~~ ~f - '.. ,, Alan Walters Resource Soil Scientist ~~ ~ ~ f~ ~~~ `~`~ ~ ,. S [fr ~., iicu rnt r, ~s w..:. ' RECEIVED SEP - 5 2006 U.S. Department of Agriculture FARMLAND CONVERSION IMPACT RATING PART I (To be completed by Federal Agency) Date Of Land Evaluation Request 8/29/06 Name Of Project Big Cedar Creek Federal Agency Involved FHWA/EEP Proposed Land Use Stream Restoration County And State Stanly County, NC PART II (To be completed by NRCS) Date Request Received By MRCS ~ ~/~ ~~~ Does the site contain prime, unique, statewide or local important farmland? Yes No (If no, the FPPA does not apply - do not complete additional parts of this form). ~' ^ Acres Irri ated .Average Farm Size l ~ (J /~j>r~~ Major Crop(s) ~~ ~~ Farmable Lrand In Govt. Jurisdiction Acres: I ~ ~ Z ~ 2 %~~j, ~ Amount Of Farmland As Defined in FPPA Acres: f 2,.. % ~, Na~m^e-O~f Land Evaluation~tSystem Used tJame Of Local Site j~ ` ~e~nt System Date Land Evaluation Ret ed NRCS Attemative Site Rati PART III (To be co pleted by Federal Agency) Site A Site B Site C Site D A. Total Acres To Be Converted Directly 23.3 B. Total Acres To Be Converted Indirectly 0.0 C. Total Acres In Site 23.3 0.0 0.0 0.0 PART IV (To be completed by NRCS) Land Evaluation Information A. Total Acres Prime And Unique Farmland ~ ~ ~ _ B. Total Acres Statewide And Local Important Farmland -- - -- --- C. Percentage Of Farmland In County Or Local Govt. Unit To Be Converted /' __ _. _ _ D. Percentage Ot Fatmtand In Govt. Jurisdiction With Same Or Higher Relative Value 2, , PART V (To be completed by NRCS) Land Evaluation Criterion Relative Value Of Farmland To Be Converted (Scale of 010 100 Points) 0 ~ ,7 0 0 0 PART VI (To be completed by Federal Agency) Site Assessment Criteria (These criteria are explained in 7 CFR 658.5(6) Maximum Points 1. Area In Nonurban Use 2. Perimeter In Nonurban Use 3. Percent Of Site Being Farmed 4. Protection Provided By State And Local Government 5. Distance From Urban Builtup Area 6. Distance To Urban Support Services 7. Size Of Present Farm Unit Compared To Average 8. Creation Of Nonfarmable Farmland 9. Availability Of Fann Support Services ___ _ 10. On-Farm Investments 11. Effects Of Conversion On Farm Support Services 12. Compatibility With Existing Agricultural Use TOTAL SITE ASSESSMENT POINTS 160 0 0 0 0 PART VII (To be completed by Federal Agency) Relative Value Of Farmland (From Part V) 100 0 0 0 Total Site Assessment (From Part V/ above or a local site assessment) 160 0 ~ 0 0 TOTAL POINTS (Total of above 2 lines) 260 0 0 0 0 Site Selected: Date Of Selection Was A Local Site Assessment Used? Yes ~ No Reason For Selection.` (See Instructions on reverse side) Form AD-1006 (10-83) This form was electronically produced by National Production Services Staff ~ Y September 15, 2006 Marella Buncick US Fish and Wildlife Service Asheville Field Office 160 Zillicoa Street Asheville, NC 28801 Buck Engineering A Unit of Michael Baker 1447 S. Tryon St. Charlotte, NC 28203 704-334-4454 FAX 704-334-4492 Subject: North Carolina Ecosystem Enhancement Program (NCEEP), Big Cedar Creek Stream Restoration Project, Stanly County, NC Dear Ms. Buncick: The purpose of this letter is to provide additional information to your office on the potential effects to threatened and endangered species from the NCEEP Big Cedar Creek Stream Restoration Project in Stanly County for your review and comment. We have obtained an updated species list for Stanly County from your web site (http://nc- es.fws.gov/es/countyfr.html). The threatened and endangered species listed for Stanly County are: the Bald eagle (Haliaeetus leucocephalus) and Schweinitz's sunflower (Helianthus schweinitzii). Since the project involves primarily degraded streams and wooded areas, federally protected species are not expected to be impacted by the proposed project. Suitable habitat does not exist for the bald eagle since the project site is more than 0.5 miles from open water, the preferred nesting distance of the bald eagle. Suitable habitat does exist for Schweinitz's sunflower in woodland openings and adjacent agricultural land. A pedestrian survey of the project area was conducted on September 14, 2006 during blooming season. Schweinitz's sunflower was not observed in or adjacent to the project area during the field survey; therefore, it is anticipated that project construction will have "no effect" on these two species. Please provide comments on any possible issues that might emerge with respect to endangered species, migratory birds or other trust resources from the construction of a stream restoration project on the subject property. A vicinity map showing the project location and a USGS map showing the approximate areas of potential ground disturbance are enclosed. If we have not heard from you in 30 days we will assume that our biological conclusions are correct, that you do not have any comments regarding associated laws, and that you do not have any information relevant to this project at the current time. Your correspondence will be forwarded to NCEEP for consideration. We thank you in advance for your timely response and cooperation. Please feel free to contact us with any questions that you may have concerning this stream restoration project. Sincerely, Eric Mularski Buck Engineering A Unit of Michael Baker .. . August 2~), `~lHi Renee Gli:dhiH-Earley State i-tistorir Preservatiat t)ftice 4tii7 Niait Service (::enter Raleigh, E+IC' ~7(it39-~t{i t 7 Subjcr:t: Nor[h Cxrolinu Ecl><;ystcm Etthanrcux:ttt Program, Sig t;eciar Creek Stream Rcsloratian Project, Stanly County, NC Dear iVis. Gtedltill-E:Irley: Buck Engineering A Unit of tiAichaei Baker 1447 S. Tryon St. Charlotte, NG 28203 704-334-4454 FAX 704-334-4492 The North Carolina Ea)system Einh~u:ceittent Program (EEP} requests review ttnd c~u3mt;itt un an}•' lx)ssible issues that might t:nterge with respt~ct iu arclt<teoh~ f;icai ur cultural rt:sourres associated with a putetuiat strcattt t~;storation project on the attat:htitl site (u vieiitily ttaap, <t t3SGS map n€ poteatixl grnauttl disturUance areas, and a soils map are enclusrtiy. The Sig Cedar Greek site tits (x:ea idetttii'icd fur the poi}wse of providing in-kirxt ntit"Igatioit for unavoidal)te stream channel imparts. 't'he project will include nne rraclt of i3ig Cectar Creek and two 11i111atilCd tr[l)UIslrit'S, UTi and UT3, ail of which hive seclic)t3S of c:hanitel tlt<tt arc tticltttited as significantly ricgrxded. No art;hitecturai structures or tacheotogicat artifacts have been observed ur noted during pre;iiminary surveys of the site tar res[uratian lnirposes. in xdditiun, the majority oC the rite has historically Veen disturbed due to agricuiturai purixtses sut:h as uralghtsltsng, titiittg, ~tnd cattle gra~u3g. We <isk that ynu review this sift: haled un tlx; attstched infornttitiun to determine lire presence of historic properties. "f'hank you in advance fur your tintl:iy reslx)nsc and cooperation. I)teast: fetal froe to u)ntael u ~}~idt any yuestions that you lttay have Cpltt:CrilJng till: eXieltt Uf ti](" Slit' dlSillrhitn(:E: assot:taled Lvlth tilts prat CCt_ SI13rereiy, .+ i ~s_ ~~ndrea Spaitgter ~~.~`~ Buck Enpinecring A Unit of Michael Baker a spanbler~ift nbakercurp.t:um 704-3 i+)-7554 Wr a~ o~ •~~~. Michael f7. Iasley, Gavemar Insbeth C.F:vans, Secretary Jcffrcp J. Crow, kk fwty Secretary September I5, 2006 Andrea Spangler Buck Engineering A Unit of Michael Baker 1447 South Tryon Street Charlotte, NC 28203 Re: EEP, Tiig Cedar Creek Stream Restoration, Stanly County, ER 06-2369 Dear Ms. Spangler: Thank you for your letter of August 29, 2006, concerning the above project. gffice of Archives mid i listory IJivis~n of Historical Rcsaurccs llavid Bronk, Director We have conducted a review of the proposed undertaking and are aware of no historic resources that would be affected by the project. Therefore, we have no catnrnent on the undertaking as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council an Historic Preservation's Regulations fox Compliance with Section 106 codifled at 36 CFR Part 800. 'T`hank you for your cooperation and consideration. if you have questions concerning the above comment, contact Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763, ext. 246. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, Peter Sandbeck b~ /1-pNl North Carolina Department of Cultural Resources State Historic Preservadan Uffice Peter D. Sandbedc, Admini~tntor ADMiNISTRATtON S07 N. FSlotmt Street, Rakgh NC. 4617 Mail Savice Center, Raleigh NC 27691-4617 RESTORATION SIS N. Illount Sttact, Raleigh NC. 4617 Mai Service Cemer, Raleigh NC. 2767)-1617 SURVEY & PLANNING 51S N. fllount Street, Rakigh, NC 4617 Mai Service Cente6 Ralepglt NC 27699-q(.17 0 7~ i 8 1 4 A ' I I •I `pa i , , ~~ YADKIN j r ~ ~ { ~ ~ ~ ~ • 2n ~ ` 'I ~ t ~ fieln ~ ~ ~ ~ ! ~~ ~ YADKIN ., _ , ; 03-07-0 ~ OCT 2 b ~, ~ X007 _ ,~, A ~ • ~ ~ i ~ ENR - wArEr~ m u `$wi_i l Y ,• ~+ ~ ~ . ~ `I ~ AND STORMINA R BRFWGFI ; • ~ ,~aa , . :;,r iz.,- - ~I ~ 1, Y KI f ~. -07-0 ~._,rd ~ ~ ~ ~~ ~~ ~ s~atr. I e"j0c ~+'~° / 1 / I ,~ <,~ : tt 1, ; m i ~fADKIN ~ .. . ~ '` ~ ~~03-07-13 ,,c~a ~ YAD N ~~% j 03-0 -12 f ~ ~. q ~ ~ ~ ; I f ` / ~ ~ p i 52 / +- '` ti f ~ ~ ~ L'~ `~, ~ ~ ~ / ~ ~~~ ~/ V AS on ~ _~ ~ ` ~ 1 ;od r (1 HU 03040105060080 ~~~~ ~ I ' ~ Pro'ect Site ;` a~°°r °~+ ~ • 1 a ~ YA KIN • ~ ~ a I 1 ~ a I ~ ~ + . ~ ~ YADKIN ~ • ~ ~ r + ~ • U_3-07-10 ~e ~ l I f P ' ~ ~ ~: ~ i i ~ e ~ Map Inset September ?007 Vicinity Map -~Tri-~rtr~~T,-,a- ~ ! % ~ -,EGEND Big Cedar Creek ~ l I~ ~~~~ ~~' ~~ O USGS Hydrologic Unil Stream Restoration Project ~ ~(' .. NC'DWQ Sub-basin Stanly County, NC 1{ 1~U151'Jl~~l ~~~ \rJ ~ ~ ounry,NC l_1 (~uuntie5 r nnr,rcn~. t~ P ' P I ' 054 D ~ ~ 4 © ~ ~ ~ ,f . 'm c ~ X - rviiies ~}tidr(- VvAI'ER QUALITY WETWJOS AND STORMINATERBRANCH ~, .+r ~ .. v ~$ ~~ ~ . r. s: ~ ~ '~ ~ u } ~ ~~ r ~.~ - - ~..,~,~ ~:f t't4 ;_~: ~ ~ ~~~, ~~r * ~ - ...~,~p `J „gym Yr ~ 1 a ,.. ~.. 1 1 ~a;- ~ g ~ _ ~ _ ~ '~r,, Wit" ~ ~, ~~ ~ ~~ j ~f ~ ~':v } ~ T, 3ryr - ~. . P.~ t +iSWpL'• t ` Ai~~ ~ . I1r~ ~ ~ u~6. ~.... ~ .~ ~ fir ~\~E°y j f _ ~ E~A ;k.'"w~. ~ ~ ~ } ~ ~ Win' ~ , September 2U07 ~~G~N~ p ~ ~ Site Map ~ i ~,« ..et ~«,~ << _ (J Big Cedar Creek ~ __~ "li ~n t N ~ ~ ~ ~ ~ .ire I+ ~J .StCeanl HeStOCatlOn PCOJCCt O C T 2 6 200 ~ Stanly County,lvC 1 ~;cc~systell ~ wart wa pro s~ cwNU r~ k•~-•r~,~ o o2e ~ 6RAJVC'r~ ~ • EEP Project No.: D06054-D M~ias , 1 _ • mate) Approxi y 100' _ j r t t 1 _ 1 _- l+ 1 _ ! r. '; . — � �-- — any i_bL. , . .°,, � '•� . ° !1 tj ts'4,'.•� i.'a,• .� 16 4 t\ r I f I% minimal _ minimal disturbance ,� I ,� i� , �. 1 ,__s; within stream channel 1 a 1� t tiNN 1 ' + .—.. t °"__ -y '•Ili 1 r . , i I . September 2007 USGS Topographic Map LEGEND Rig Cedar Creek OWN Stream Restoration Project Approximate Disturbance OWN Parcels Stanly County, NCJ � Project Reaches iJ �/ OCT 2 6 Zoo7 a� em n - PROGRAM EEP Project No.: D06054-D4TIANOSANDS7"no:'EiVh . 400 BoFeet ,~ 4 BaB BaB BaB Soils V BaB -Badin channery silt loam, 2-8 % slopes - BaD -Badin channery silt loam, 8-15% slopes ~~' BaF -Badin channery silt loam, 15-45 % slopes '""''" Co -Congaree fine sandy loam, frequently flooded EcB -Enon cobbly loam, 2-8 % slopes B ®EcD -Enon colbbly loam, 8-15 % slopes EnC -Enon very stony loam, 4-15% slopes EnE -Enon very stony loam, 15-45% slopes ~ =! GoC -Goldston very channery silt loam, 4-15% slopes '; d~ •-~~ GoF -Goldston very channery silt loam, 15-45 % slopes Bab Mh8 - Misenheimer channery silt loam, 0-4 % slopes ApprOXlmately 1 ~0~ Oa - Oakboro silt loam, frequently flooded GoF GoF TcB2 -Tatum channery silty clay loam, 2-8% slopes aD TcD2 -Tatum channery silty clay loam, 8-15 % slopes Ud - Udorthents, loamy ~~ `'''3 w -Water BaD ,~ EcB GoC Bab t; u' r BaD BaB E GoC BaD ,. ,, }. BaD , 4 i BaD Tc62 BaB ~~ ~ _;,, minimal disturbance GoF l within stream channel C Bae ~ - BaB ~~ ~ ~ GoF BaD ~ 4• TcB Approxim ately 100' '• , BaB •/ BaF „"' ~ i`°•', BaD GoF / Bab ,,,,ra:i7~ GoF GoF LEGEND September 2007 Soils Map ~.- - Big Cedar Creek i - ~ Approximate Disturbance rea ~ Project Reaches p ~ ~~ D Stream Restoration Project Streams Stanly County, NC l ' ~COS~SteIll O C T 2 s 2007 ['EP Project Nn.: D06054-D o aoo 80Faat © ~ ~ ,~,,. ~ . , DENR - H ~, 4i { 1 A` " ` ~ ,~,'~ a~~~ ".~' k ~ ~ µ€~~~ i ~~ L ; ' rip. ~i ~ ~ T ~, n ~ t .. t 'n.-..~ e ~~ 't .,y,. ~" ,~'~ ~ X~ Y ~ -'I',~ c ., , ~+ t k " _ ~ i3r~ y~~rf't t yf~ t o ++~ s .-s rt4 ~ ` ,~ _ 1. i ~ '~, • ~' s t A u 4 ` ~ ~ Js ~ w, r `~, ..~~( rat. S.: NMc x ' >!d ~ ~ ... ~~ ~" D 1~! ~~ ~ ~-r anyy,, ''~ ,~P ~ ~,s ~ ~, ` s , ~ E ~ 1~` ,y d`. ~ ,, ` ~{ w: iw F'~"' s ••# °1 ' 9~ t ~ • 2 + ,~~- i l;_ - i ~ / ,.1~' ,:9f ~ ~ , ~ it M ` _ i e~ ~ `{. r its }~~'"' y ~' Y I ~f~;1~ ~ r f" ~ " ~°.,~ 4 ,. r~; of ` ~ 1 ; ; i>I'4 s ,' • ~ _ 1 ~ ~ / ~ +t'. w~ ~ Y~ ` s .cr+ ~ ~ ,~ ~, i c k ~ i ~ ~. ~ _ " ~ • J" '' fir:. , r ,. ~ "' .,~ r ~ ~ f '~ ~ <~ 1~y t U:~ !! rr ate" %a ~ ~ ~ ~ ~ ~~,~ ~'" I - _ r ~ LEGEND Scptcmber ?007 Proposed Design y. ~ Preservation Existing Stream Alignment Big Cedar Creek o Enhancement Streams Stream Restoration Prgjec[ Stanly County, NC o Restoration ~ ~ r(~~~~ [, ,,^ SteIll ~~ ~ ~ Approximate Disturhanc ea l,'t)S~l .~ C T 2 6 2001 ~•~:~,~.~~~~.~ o aoo soo EEP Project No.: D06054-D Feet NETLMID3 Nt+D STUftMW.A1~IgRANCN