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HomeMy WebLinkAbout20060404 Ver 1_Mitigation Information_20230523DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 May 23, 2023 Regulatory Division Re: City of Charlotte Garrison Road Extension and Crossing of the NCDMS Beaverdam Creek Mitigation Site, Action ID # SAW-2022-00437 & SAW-2006-30735 Mr. Ed Hajnos Stewardship Program Coordinator NC Department of Environmental Quality 1606 Mail Service Center Raleigh, North Carolina 27699-1606 Dear Mr. Hajnos: Please reference the correspondence of March 31, 2022, addressed to you from Ms. Jennifer Robertson with Atlas Environmental regarding the proposal to construct an extension of Garrison Road across the Beaverdam Creek Stream Mitigation Site, a North Carolina Division of Mitigation Services (NCDMS) project located north of Dixie River Road, in Mecklenburg County, North Carolina. Also reference subsequent correspondence and North Carolina Interagency Review Team (NCIRT) meetings, held on August 9 and December 13, 2022, which provided further discussion and information pertaining to the proposed road work. You provided us with a copy of the correspondence from Ms. Robertson and asked for the proposed encroachment to be reviewed by the North Carolina Interagency Team (NCIRT). Encroachments of this nature must be reviewed by the Wilmington District because they result in direct impacts to compensatory mitigation projects approved by the District and used to offset impacts associated with District permit authorizations. During meetings held on August 9 and again on December 13, we coordinated with NCIRT members and the City of Charlotte. Based on these discussions, we concur with the proposed easement modification and road alignment as described in the correspondence from Ms. Robertson dated February 24, 2023 (see attached). In that correspondence, a more complete alternatives analysis and project justification was provided for the proposed alignment of the Garrison Road extension across Beaverdam Creek. The February 24' correspondence also proposed to offset the impacts to the mitigation site by preserving another stream system near the project; however, we do not agree with this approach. In lieu of this proposal, the City of Charlotte has agreed to replace stream mitigation that would be lost within the road corridor at a ratio of 2:1 -2- through the purchase of stream mitigation credits from NCDMS. By email dated April 15, 2023, Ms. Robertson also provided an acceptance letter from the NCDMS to purchase the required credits. We request that the purchase of the required credits be completed prior to any actions on your part to release the conservation easement in order to allow for construction of the project. Please note that this correspondence does not provide approval for impacts to Waters of the U.S. (streams and wetlands) associated with construction of the Garrison Road extension. Required 404 permit authorization(s) must be obtained by the project proponents for the road construction impacts prior to conducting the work. I have copied Ms. Robertson and the City of Charlotte with this correspondence for their awareness. Thank you for bringing this project to our attention, and for the efforts you have made to coordinate responses between the District, NCIRT and project proponents. If you have any questions regarding this letter, or the requirements of the Mitigation Rule, please call me at 919-210-6265. Sincerely, Todd Tugwell Chief, Mitigation Branch Regulatory Division Enclosure Electronic Copies Furnished: Ms. Jennifer Robertson, Atlas Environmental Ms. Erin Pratt, Charlotte Department of Transportation Mr. Marc Recktenwald, North Carolina Division of Mitigation Services Ms. Samantha Dailey, CESAW-RGC Mr. Scott Jones, CESAW-RGA NCIRT Distribution List A 24 February 2023 US Army Corps of Engineers Wilmington District Attn: CESAW-RG/Todd Tugwell 69 Darlington Avenue Wilmington, North Carolina 28403-1343 Re: CDOT Garrison Road Extension Charlotte, North Carolina NCIRT Approval Request SAW-2022-00437 & SAW-2006-30735 Dear Todd: The purpose of this letter is to provide you and the Interagency Review Team (IRT) with additional information on the City of Charlotte's proposed modification of the Beaverdam Creek Stream Restoration Conservation Easement (hereafter referred to as Conservation Easement; SAW-2006-30735), located in Mecklenburg County, North Carolina. The City of Charlotte (project applicant) proposes to modify the Conservation Easement for the purposes of extending Garrison Road from its existing terminal point south to provide connection with Dixie River Road. This letter provides a complete analysis of potential associated impacts and avoidance and minimization efforts for the proposed project, as well as responses to the comments from IRT team members as provided in your letter dated January 13, 2023. Purpose and Need The City of Charlotte proposes extending Garrison Road from its current terminus to existing Dixie River Road, creating a north -south multimodal transportation corridor that adds vehicular capacity and multimodal facilities to support the mobility needs of current, entitled, permitted, and future development within an area of Mecklenburg County dubbed the River District Area (Figure 1). The extension of Garrison Road will connect cars, cyclists, and pedestrians from the developing River District Area to the established Steele Creek Area at a location along Dixie River Road that has been widened for four travel lanes, bike lanes, and a sidewalk. The extension of Garrison Road is a reaction to current traffic and mobility needs within the River District Area. Beaverdam Creek Stream Restoration Proiect The Beaverdam Creek Stream Restoration project (DMS # D05016) is located within the Extraterritorial Jurisdiction (ETJ) of the City of Charlotte, Mecklenburg County, and ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte ign lies in the Catawba River Basin within North Carolina Division of Water Quality (NCDWQ) sub -basin 03-08-34 and United States Geologic Survey (USGS) hydrologic unit 03050101170040. The restoration plan (2006) for the Beaverdam Creek Stream Restoration project proposed to restore and enhance 12,869 linear feet of perennial stream channel along two unnamed tributaries of Beaverdam Creek (UT1 and UT2) and several of their tributaries. Additionally, the plan proposed to preserve a combined total of 2,603 linear feet along Beaverdam Creek mainstem and UT2 within the restoration and enhancement area (total 15,472 linear feet) with a proposed summation of 13,204 mitigation credits. Project construction began in 2006, and a 5-year monitoring plan began in 2007. The restoration plan was revised to include 13,203 linear feet of restoration / enhancement and 2,603 linear feet of preservation of stream channel (total 15,806 linear feet) with a summation of 13,534 mitigation credits. The entirety of mitigation credits was used for impacts associated with the construction of 1-485. Table 1. Mitigation plan design condition and modified design condition and credits. Project Feature Previous Condition Proposed Design Condition Type of Mitigation Credit Ratio Proposed Mitigation Credits Modified Design Condition Final Mitigation Credits UT1 Reach 1 542 555 Enhancement 1.5:1 370 567 378 UT1 Reaches 2-5 5,796 6,155 Restoration 1:1 6,155 6,310 6,310 UT1 B 743 790 Restoration 1:1 790 778 778 UT1 C 744 628 Restoration 1:1 628 624 624 UT1 D 323 352 Restoration 1:1 352 338 338 UT2 3,130 3,290 Restoration 1:1 3,290 3,448 3,448 UT2A 886 1,099 Restoration 1:1 1,099 1,138 1,138 Beaverdam Creek 1,641 1,641 Preservation 5:1 328 1,641 328 UT2 962 962 Preservation 5:1 192 962 192 Total 14,767 15,472 13,204 15,806 13,534 Past and Potential Future Impacts to the Conservation Easement Continuity in ecosystem function is an important concept in the restoration of streams, wetlands, and watersheds, and in the development of conservation easements designed to protect such habitats. That is, greater continuity in a conservation easement generally means greater continuity in ecosystem function. When separation in the easement is required, then special attention is essential to ensure that the functional parameters continue to provide uplift to the project. The Conservation Easement was established with five separations to accommodate preexisting or planned development, including Dixie River Road (-60 linear feet), an existing North sewer line (-25 linear feet), an existing Middle sewer line (-40 linear feet), an existing Southeast sewer line (-25 linear feet), and a future road crossing (-150 linear feet) connecting the Village of Glasgow development to the Village of Inverness development. All easement separations are located at, or South of, Dixie River Road. ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte "4 E.1 it Additionally, there have been separations to the Conservation Easement at two locations North of Dixie River Road since the completion of the Beaverdam Creek Stream Restoration project in 2007. The first location includes the sewer line for Berewick Elementary School (2009) and an overhead Duke Energy powerline (2014) which total 58 linear feet, a Piedmont Natural Gas line (-20 linear feet; 2021), and a Charlotte Water waterline (-34 linear feet; 2023) which total 54 linear feet. The second location includes a Charlotte Water sewer line (-20 linear feet; 2021) and the proposed Garrison Road Extension. Other Potential Impacts to the Conservation Easement The planned Garrison Road Industrial Park, located at 10723 Garrison Road, Charlotte, NC 28278, is a 151-acre industrial development that will consist of five buildings (totaling 1,215,760 square feet) and associated parking and infrastructure. The proposed extension of Garrison Road will bisect the industrial park. The proposed industrial park also includes five stormwater basins that will treat and retain stormwater from the industrial park at a rate that will not increase predevelopment flow. All stormwater basins associated with the industrial park will discharge and dissipate within the industrial park property. No discharge will occur directly to or within the Conservation Easement. The industrial park will not impact any portion of the Conservation Easement. An additional stormwater basin is proposed in association with the Garrison Road expansion (Figure 2). The design includes ditches on both sides of the road that collect runoff in the channels and routes it to the stormwater inlets within the ditches that are piped to the stormwater basin. The basin control structure and outlet pipe will discharge to a dissipation spillway. The stormwater basin is designed to keep runoff below pre - development discharge conditions. The proposed road stormwater basin will not be constructed within the Conservation Easement, and the stormwater will discharge and dissipate within the proposed industrial park property before reaching the unnamed tributary within the industrial park property. No discharge will occur directly to or within the Conservation Easement. The proposed road stormwater basin will not impact any portion of the Conservation Easement. Avoidance and Minimization The proposed Garrison Road extension includes a single crossing of the Conservation Easement. In the initial alternatives analysis proposal (Version 1.0), the proposed crossing included a three -culvert crossing with an additional alternate aligned culvert for a greenway crossing. Version 1.0 included 1.82 acres and 450 linear feet of Conservation Easement impact. It also included 0.068 acres and 342 linear feet of stream impact. ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte "4 E.1 it Version 2.0 was proposed to reduce impact to the Conservation Easement. This version reduced the impacts to the Conservation Easement to include 1.24 acres and 300 linear feet, but did not reduce the stream impacts from Version 1.0. The proposed greenway culvert also was relocated outside of the Conservation Easement. Version 3.0 (current proposed crossing) has further reduced impacts by using a retaining wall design and keeping the greenway crossing out of the Conservation Easement (Figure 3). The total impacts to the Conservation Easement have been reduced to 0.84 acre and 197 linear feet (Figure 4). The stream impacts have been reduced to 89 linear feet (0.024 acre) at the box culverts and 25 linear feet of riprap at the inlet and 56 linear feet of riprap at the outlet (Figure 5). The riprap aprons will be embedded into the streambed and will not impede water flow or impact the function of the stream habitat. While the riprap aprons are a permanent impact to the stream it is not a loss of surface water. The continuity of ecosystem function will remain intact because direct and indirect impacts are being minimized to the greatest extent possible. A bottomless (precast arched) culvert system was evaluated for the stream crossing but found to be impractical for several reasons, including the need for additional scour protection, deep footing preparation with sheet piles to hold back stream banks, additional construction days (with open excavation exposure), increased start and stop time between deep foundation, pile cap, and culvert installation, and added costs (Figure 6). A bottomless culvert will take at least 23 additional days to construct and cost at least $706,000 more than the three box culverts. These 23 additional days include days of excavation exposure. Furthermore, bedrock was estimated using Seismic Refraction Tomography at depths as much as 65 feet below ground surface in the general area of the road crossing (see Appendix A). These depths are impracticable to safely secure the footings of a bottomless culvert. NCDOT design criteria for bottomless culverts require footings keyed at least 12 inches into non-scourable rock. To meet such design standards, footings would need to be at a minimum one foot longer than the distance to unweathered rock. As a result, the proposed stream crossing will include three box culverts (36' x 6', 12' x 8', and 12' x 6') with the bottoms positioned below the stream bed (center culvert) and existing ground level (outer culverts) to ensure the culverts are not an impediment to hydrology or the aquatic system (Figure 7). A retaining wall will be used to reduce the amount of culvert length and limit the amount of grading required nearer the stream. A greenway has been proposed along the existing Conservation Easement. A 12' x 10' box culvert will be used as a pedestrian tunnel under the road crossing. The culvert will be constructed in a location and accordance with Mecklenburg County Park and Recreation design specifications. However, the location and design of the greenway itself has not been decided and is not included in the any plans provided. The greenway will connect to the pedestrian box culvert at its elevation. No portion of the ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte ign greenway or the pedestrian box culvert will be constructed within the existing Conservation Easement. In summary, the City of Charlotte has greatly reduced the cross section of the stream crossing to decrease the width of impacts. The box culverts have been realigned to closely align with the existing pattern of the stream. The pedestrian culvert has been relocated outside of the Conservation Easement. The stormwater control measure that will treat stormwater from the extended Garrison Road has been revised to discharge to a tributary on Garrison Road Industrial Park land as opposed to discharging to the Conservation Easement. The design team worked closely with the City of Charlotte Transportation Department to remove the shoulders and ditches as well as the originally proposed 17' median. The final design includes curb, gutter, a 14' multi use path, and a 2' grassed shoulder. Proposed Mitigation and Addition to Conservation Easement McCraney Property Company, the developers of the Garrison Road Industrial Park, have agreed to donate 14.757 acres of streams, wetlands, and floodplain of Beaverdam Creek to the North Carolina Division of Mitigation Services to increase the existing Conservation Easement (Figure 8). The additional acreage includes 0.634 acres of wetlands and 3,355 linear feet of Beaverdam Creek and its unnamed tributaries wholly existing within McCraney Property Company's westernmost parcel (Parcel ID 14129105). The Conservation Easement originally calculated preservation credits at a 5:1 ratio. Thus, 1,641 linear feet of preserved stream of Beaverdam Creek resulted in 328 mitigation credits available. Those credits were entirely used for impacts associated with the construction of 1-485. By comparison, the proposed preservation of Beaverdam Creek and its associated unnamed tributaries, wetlands, and floodplain for addition to the existing Conservation Easement represent a potential addition of 671 preservation credits. Furthermore, the proposed 3,355 linear feet of added mitigation area represents a 17:1 ratio of proposed mitigation area (3,355 linear feet) to proposed Conservation Easement impact (197 linear feet). In addition to the preservation of Beaverdam Creek and its unnamed tributaries within McCraney Property Company's property, the City of Charlotte proposes to mitigate for the permanent stream impacts from the road crossing through purchase of stream credits through the Charlotte -Mecklenburg Storm Water Services City of Charlotte Umbrella Stream Bank. There are four stream restoration umbrella banks within the Upper Catawba 03050101 from which credits are available. The City of Charlotte proposes mitigating the permanent stream impacts at a 2:1 ratio. Thus, the 89 linear feet of stream impacts from the culvert will be mitigated by purchasing 178 credits from the umbrella mitigation bank within the primary service area. The Stream Bank Credit Request Form is provided in Appendix C. ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte iIF 3illl By adding additional linear footage of stream and floodplain to the Conservation Easement as described above, the North Carolina Stewardship Program will be able to monitor the Beaverdam Creek portion of the easement on a regular basis. And by including the proposed easement extension of Beaverdam Creek we think an additional measure of protection for the future preservation and nature of the area surrounding Berewick Park is created and further helps reduce the possibility for functional loss resulting from past and future encroachments. Lastly, the additional mitigation of the permanent stream impacts ensures there is a "no net loss" of stream habitat from the proposed road crossing. A greenway also has been proposed within the new easement mitigation area. However, the location and design of the greenway has not been decided and is not included in the any plans provided. Nevertheless, example language for including the greenway within the proposed expansion area of the Conservation Easement is included (Appendix B). The sample language will also ensure that the construction of such a greenway within the proposed easement area will be designed and constructed in a manner to preserve the integrity of the easement expansion while allowing Mecklenburg County Park and Recreation to construct said greenway by right without having to obtain IRT approval. Thank you for your attention to the enclosed request. Please contact me if you need any additional information. Best regards, �4" dllhz VAV-, Jennifer L. Robertson President jobertson@atlasenvi.com Enclosures: Appendix A: Bedrock Data Report Appendix B: Example Conservation Easement Language Appendix C: Statement of Credit Availability Mitigation Bank ATLAS Environmental, Inc. 338 S. 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Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte 9 ►�Ink,; ---� 3 e3: r: ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte 10 doill VIA- L�w FIGURE 5 r a � k z �- 0 u- o 3 u Cu aLiI w 00 uN 4. — 'V O M �M L)Y ���t Is as Te rF= c49� q N�-x a 01 ui as 9 wasr Qa x: ir w�F woo 2JW W LL� v! E 77 J Q Q' V cpQi 3 wa0u Ya x�t �yy}yy nt, 20 'u gfl i i 6�0 5�5 6g0 6Yy r W fin ' �z gs5 O ss:_-_'-- - so � L,►L 120 RI ❑rem--n;`9„ s �p►SB 0+9 09 _ 009 q6L < II _ 3 N 2 U Z V H ca m M a -J0 i t\ } cn:, wC UM UM [�� iQ ` t a z x (L ++ to M4 Q x N N) U a (L 1 w U w �!Y ri ❑ 7 li J J a d w u1 J w a a: W F- O o.• f in N m Qi F (L a P w x ! Q M ¢w �� a -z Ld W L I m f cn U U �a� ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte 11 ---7 Figure 6 sF g gggg8gggg g ggggg�g$$ t P� �y y fig. =u¢gLL + -1 d ssa�as�g g aasaasas p em-m s ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte 12 ---7 FIGURE 7 a Nnotnolnom C„-a mmmmr-I•[DRO Ui z C4 40 ip 0 EO U) IRS 47 on LO In es av9 Q Q v : n t �-T4 P 91EG y W u IG r _ t9'i09 � -• ma 2 vG= 3� Q QIV x i I U Q • N�rr � � srcoa g uI 19li } H r O n 6aT Q H L) I f . } � urv9 E 4 5L: I I p --lo9 BSBG 8 I I I 9P{p4 Q0a0000� � ID ATLAS ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte 13 ►�Ink,; ---� Figure B. Proposed addition to Beaverdam Creek Conservation Easement Projon Nww Garrison Road Fxteison Location: Via-Rirer ROM Charlotte, HC 28278 IRONMENTAL For. City of Charlotte —YRfdFe; CowdkkVn: 35.I7MP i -60.9M77. Date: FdxmM 2Z m23 ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte 14 Appendix A: Bedrock Data Report ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte 15 ---7 (9COLLIER GEOPHYSICS - LEA— •Mv-lonMY. 7711 W. 61h Ave.. s1e GJH i Lakewood, CO 80217 I t720) 487.9200 February 2, 21023 Gwen Soilenberger, P.E. Senior Geotechnicat Engineer Bunnell Lammons Engineering 6004 Ponders Ct Greenville SC 29615 Email: gwen.sollenberger@blecorp.com RE: Geophysical Letter Report I Project # 220473 Dixie Rivers Rd Seismic Investigation Charlotte, NC On behalf of Bunnell Lammons Engineering (client) Collier Geophysics (Collier) conducted a Seismic Refraction Tomography (5RT) geophysical investiget an across a creek bed near Charlotte, North Carolina. The project was located just North of Dixie River Rd and West of Berewick Park in Charlotte. North Carolina, in accordance with the Scope of Work outlined in Collier Proposal 22-452. The purpose of this investigation was to identify depth to competent bedrock across the creek bed with two parallel profiles intersecting proposed borings on either side of the creek. The survey was performed in one mobilization. Collier geophysicists Emily Moren and Zachary Wilson conducted the field survey across the creek bed intersecting proposed boring locations between September 20�1 and September 2151, 2022. The following report presents the results of the geophysical investigation and summarizes the site conditions, data acquisition, processing, and interpretation procedures. Site Description Site conditions were sunny and clear or partly cloudy skies, with cool mild temperatures. The terrain varied in topography with brush and trees progressing across a channel occupied by a stream and then uphill towards loose and exposed rocks. The geology across the site consists of granite and metamorphosed granite bedrock. Several rock outcrops and boulders were identified along the northem portion of the site. There are 4 proposed borings at the site, B-11 and B-15 are to the north of the creek and B-16 and B-17 are to the south. At the time of the geophysical survey S-11 and B-15 were completed, however, B-16 and B-17 were still proposed borings. Along the two proposed lines, the field staff used careful navigation to minimize risks such as slips, trips and Geophysical Latter Report 1 Collier Geophysics. LLC ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m) www.atiasenvi.com / Offices in Asheville and Charlotte 16 ---7 (9COLLIER GEOPHYSICS - LEA— • Wv-lonMY. 7711 W. 61h Ave,. Ste G H l Lakewood, CO 60217 1 t720) 487.9200 falls across the sloped terrain and the creek. Staff were able to cross a shallow portion of the creek safely along Line 2. See Figure 1 below for examples of site conditions encountered. Data Acquisition SRT data was collected along two parallel profiles running from north to south across the site (Figure A-1). Data were recorded on Geometrics Geode 24-channel seismographs controlled by a laptop computer. Each seismic line consisted of 24, 4.5 Hertz geophones, spaced 10 feet apart. A 16-pound sledgehammer striking a high-densily polyethylene strike plate was used as the active seismic source. Shot points were spaced 30 feet along each line starting with a 30-foot off end shot before the first geophone. Each shot point consisted of 6-8 stacks, or hammer strikes, to maximize the quality of the data and to reduce noise. To ensure that the full 460-foot proposed profiles were covered, the roll -along method was used to generate a continuous seismic profile using multiple setups. Once the last shot point is recorded along the 230-foot profile the seismic line is moved so that the 18t geophone is placed at the previous location of the 24th geophone. The previous 3 shot points are then repeated as off -end shots before continuing along the profile as before. Line 1 intersected B-11 in the North and B-16 in the South of the profile. Line 2 Intersected B-15 in the North and B-17 in the South. The horizontal position of both profiles was recorded using RTK GPS. The elevation of each profile was determined using 1-meter Digital Elevation Models (DEM) provided by the North Carolina Department of Emergency Management. Geophysical Letter Report 2 Collier Geophysics, LLC ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte 17 A Ganison Rd. SRT Project # 22.473 Bunnell Lammons Engineering February 2, 2023 Figure 2. Field laptop, RTK GPS setup, and tine 2 creek crossing showing geophone connected to red seismic cable via alligator clips. Seismic Refraction Tomography The Seismic Refraction Tomography {SRT) method is used to measure the compressional -wave (P-wave) velocity (Vp) distribution of the subsurface to evaluate the structure of overburden soils and bedrock. Seismic energy traveling within the ground (body waves) will refract at velocity boundaries and seek a higher velocity path if velocities increase with depth. These interfaces and pathways where seismic waves refract correlate with real physical boundaries in the ground, such as geo-mechanical boundaries, and velocity gradients are often observed in soils due to overburden loading and compaction effects. Velocity gradients are also observed at weathered bedrock to competent bedrock transitions. The SRT method records the arrival times of refracted waves returning to the ground surface at geophones as they travel away from a seismic source. These refracted -wave arrival times are then used to computationally determine (using the process of geophysical inversion) both lateral and vertical changes in compressional -wave velocity field (related to low strain bulk modulus) beneath a survey area. Data Processing Seismic Refraction Tomography The 2D refraction data from this investigation were processed using Rayfract®, version 3.36, by Intelligent Resources Inc. The two processing steps involved with SRT processing are first arrival picking and tomographic inversion. The first arrival picking step consists of picking the time on each signal trace where the first arrival energy from the seismic source is observed at each geophone position for each shot record (Figure 4). After picking is completed, a data inversion is performed generating a two-dimensional (2D) P-wave velocity (Vp) model that best fits the arrival picks by iteratively modifying an initial velocity grid model until the misfit between the modeled and measured travel -time values is minimized, subject to smoothing constraints. Geophysical Letter Report 3 Collier Geophysics, LLC ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte 18 Garrison Rd. sRT Project # 22-473 Bunnell Lammone Engineerkng February 2, 2023 w a w ■ m I jj I ■.-..r=--�kill I. Figure 4. Example of first break picking (red dots) on a 2D seismic shot gather. Results and Discussion Figures A-1 show the results from the SRT survey. Limited boring data was available to constrain the geophysical model. Additional boring data would allow for the creation of a more accurate model. Seismic Refraction Tomography Results The inverted SRT model for Line 1 and Line 2 resolved data between 50 and 100 feet below ground surface. Seismic P-wave velocity interpretations were based on generic Vp ranges of granite rock and boring data. Partially weathered rock (PWR) is expected to have a velocity of 6,000 feet per second and unweathered rock (UWR) is expected to have a velocity of 9,000 feet per second. At Line 1, PWR is interpreted to be between 0 and 50 feet below ground surface and UWR is interpreted to be between 0 and 65 feet below ground surface. UWR is shallowest beneath the creek bed. PWR at Line 2 is between 10 and 25 feet below ground surface. UWR at Line 2 is between 15 to 50 feet below ground surface. Closure The methods of data acquisition and interpretation for this project are complete as is reasonably possible, and have been successfully applied by Collier geophysicists to investigations of similar size and nature. We believe the results presented herein to be a reasonable preliminary representation of the subsurface conditions without the borehole information for these lines. However, due to the subjective nature of any type of interpretation, we cannot guarantee that our results are accurate in all areas. In addition, all subsurface features present at the site may not have been detected or identified. We suggest that key features identified by this survey be Geophysical Letter Report 4 Collier Geophysics, LLC ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte 19 ---7 Garrison Rd. SRT Bunnell Lammons Engineering Project # 22-473 February 2, 2023 confirmed by selective in -situ / intrusive methods before final models or further decisions are based on findings presented herein. If you have any questions regarding the field procedures, data analyses, or the interpretive results presented herein, please do not hesitate to contact us. We appreciate working with you and look forward to providing Bunnell Lammons with geophysical services in the future. Respectfully Submitted, Collier Geophysics, LLC Emily Moren Emily Moron Geophysicist (1 copy e-mailed PDF format) Geophysical Letter Report Nicholas Rebman Geophysicist II Collier Geophysics, LLC ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte 20 FIGURES ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte 21 ---� A qi V ' Line 1 Wo w.M Line 2 Glslalce Along tine im A w ,SDN u000 iwoo .,?No T „000 No eooa e000 a saoa woa woo moa sd:we hAdd ewvi n..r ,w„ s"•wr 'wIIslOrw6wd.n LNA,e.IKeM n.[A 1n.1 r F..��Cla,Mw+ : wn..rweame.ee r w—m L.wC.Nef.a 11ocA mie.w.sn,.n,: us sw.. nY. wines{M,i{rm.m c..din. ivs l.x{coAc: e Eskmfc Rreuns Ganim n Rd. Ch"" "t 9un� Lw.M1IMi E�Fy COLL,Ie Prq..yY x�p,n FI61ala ••1 ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte 22 Appendix B: Example Conservation Easement Language ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte 23 ---7 FOR REGISTRATION .1. ORVIO GRRNBERRY REGISTER OF �EE05 19ECKLEN81,R6 COUNTY, HC 2811 APR 14 IQ!27:4i RM BKr25417 PG-16-27 FEE 149.00 1NST41JMEN7 a 201104329D 2011043290 STATE OF NOKFU CAROLINA CONSERVATION EASEMENT AND RIGHT OF ACCESS MECKLENBURG COUNTY SPO File Number 060-AF Prepared by: Oflicc of the Attorney General Property Control Section Return to: NC Department of Administration State Property Office 1321 Mail Service Center Raleigh, NC 27699-1321 THIS CONSERVATION EASEMENT DEED AND RIGHT OF ACCESS, pursuant to the provisions of N.C. General Statutes Chapter 121, Article 4 and made this 23rd day of February, 2011, by To►vn of Cornelius, a municipal corporation, ("Grantor"), whose mailing address is P.O_ Box 399, Cornelius, NC 29031, to the State of North Carolina, ("Grantee"), whose mailing address is State of North Carolina, Department of Administration, Slate Property Office, 1321 Nail Service Center, Raleigh, NC 27699-1321. The designations Grantor and Grantee as used horein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine, or neuter as required by context. WITNESSETH: WHEREAS, pursuant to the provisions of N.C. (Jeri. Stat. § 143-214.8 et seq., the State of North Carolina has established the Ecosystem Enhancement Prograrn (fonnerly known as the Wetlands Restoration Program) within the Department of Environment and Natural Resources for the purposes of acquiring, maintaining, restoring; enhancing, creating and preserving wetland and riparian resources that contribute to the protection and improvement of water quality, flood prevention, fisheries, aquatic habitat, wildlife habitat, and recreational opportunities; and WHEREAS, The State of North Carolina is qualified to be the Grantee of a Conservation Easement pursuant to N.C. Gen_ Stat_ § 121.-35; and ftRe 1 of 1 1 "1W ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte 24 ---7 WHEREAS, the Ecosystem Enhancement Program in the Department of Environment and Natural Resources has approved acceptance of this instrument; and WHEREAS, the Department of Environment and Natural Resources, the North Carolina Department of Transportation and the United States Army Corps of Engineers, Wilmington District entered into a Memorandum of Agreement, (MOA) duly executed by all parties in Greensboro, NC on July 22, 2003. This MCA recognizes that the Ecosystem Enhancement Program is to provide for compensatory mitigation by effective protection of the land, water and natural resources of the State by restoring, enhancing and preserving ecosystem functions; and WHEREAS, the acceptance of this instrument for and on behalf of the State of North Carolina was granted to the Department of Administration by resolution as approved by the Governor and Council of State adopted at a meeting held in the City of Raleigh, North Carolina, on the 5'I' day of June 2007; and WHEREAS, Grantor owns in fee simple certain real property situated, lying, and bring in the '!owns of Cornelius and Huntersville, Mecklenburg County, North Carolina (the "Prope ry"}, and being more particularly described as that certain parcel of land containing approximately _ acres and being conveyed to the Grantor by deed as recorded in Deed Book at Page _of the Mecklenburg County Registry, North Carolina; and WHEREAS, Grantor is willing to grant a Conservation Easement over the herein described areas of the Property, thereby restricting and limiting the use of the included areas of the Property to the lams and conditions and purposes hereinafter set forth, and Grantee is willing to accept such Conservation Easement. This Conservation Easement shall be for the protection and benefit of the waters of Caldwell Station Creek_ NOW, THEREFORE, in consideration of the mutual covenants, terms, conditions, and restrictions hereinafter set forth, Grantor unconditionally and irrevocably hereby grants and conveys unto Grantee, its successors and assigns, forever and in perpetuity, a Conservation Easement of the nature and character and to the extent hereinafter set forth, over a described area of the Property, referred to hereafter as the "Easement Arcu", for the benefit of the people of North Carolina, and being all of the tract of land as identified as Tax Parcel iD # 005-032-19A Tax Parcel ID # 005-032-1913, Tax Parcel ID # 005-042-19A, 7'ax Parcel ID # 005-042-1913, As shown in Mecklenburg County, Registry of Deeds, Deed Book 15540, Page 590 and Deed Book 11828, Page 102. The Easement Area as shown on a plat of survey entitled "Caldwell Station dated 04-23-2009, certified by Art Forman, PLS X- 12345, and rcc0TdLd in Plat Book ' 7j , Page _L 2-5 , Mecklenburg County Register of Deeds. Being more paiticularly described as follows: [SEE EXHIBIT AAj The purposes of this Conservation Easement are to maintain, restore, enhance, create and preserve wetland and/or riparian resources in the Easement Area that contribute to the Page'_' of 1 1 ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte 25 ---7 protection and improvement of water quality, flood prevention, fisheries, aquatic habitat, wildlife habitat, and recreational opporlunitics: to maintain permanently the Easement Area in its natural condition, consistent with these purposes; and to prevent any use of the Easement Area that will significantly impair or interfere with these purposes. To achieve these purposes, the following conditions and restrictions are set forth: DURATION OF EASEMENT Pursuant to law, including the above referenced statutes, this Conservation Easement shall be perpetual and it shall run with, and be a continuing restriction upon the use of, the Property, and it shall be enforceable by the Grantee against the Grantor and against Grantor's heirs, successors and assigrts, personal representatives, agents, lessees, and licensees. 11. GRANTOR RE.SERLIED USES AND RES'1'RIC'1'I D AC17VITES The Easement Area shall be restricted from any development or usage that would impair or interfere with the purposes of this Conservation Easement. Unless expressly reserved as a compatible use herein, any activity in, or use of, the Easement Area by the Grantor is prohibited as inconsistent with the purposes of this Conservation Easement. Any rights not expressly reserved hereunder by the Grantor have been acquired by the Grantee. Without limiting the generality of the foregoing, the following specific uses are prohibited, restricted, or reserved as indicated: A. Recreational Uses. Grantor expressly reserves the right to undeveloped recreational uses, including hiking, bird watching, hunting and fishing, and access to the Easement Area for the purposes thereof. Usage of motorized vehicles in the Easement Area is prohibited, except as they are used exclusively for management, maintenance, or stewardship purposes, and on existing trails, paths or roads. B. Educational Uses. The Grantor reserves the right to engage in and pennit others to engage in educational uses in the Easement Area not inconsistent with this Conservation Easement, and the right of access to the Easement Area for such purposes including organized educational activities such as site visits and observations. Educational uses of the property shall not alter vegetation, hydrology or topography of the site- C. Vegetative Cutting. Except as related to the removal of non-native plants, diseased or damaged trees, and vegetation that obstructs destabilizes or renders unsafe the Easement Arca to persons or natural habilat, all cutting, removal, mowing, harming, or destruction of any trees and vegetation in the Easement Area is prohibited. D. Industrial, Residential and Commercial Uses. All are prohibited in the Easement Area. E. Agricultural Use. All agricultural uses within the Easement Area including any use for cropland, waste lagoons, or pastureland are prohibited. Page 3 of 1 i ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte 26 ---7 F. New Construction. There shall be no building, facility, mobile home, antenna, utility pole, tower, or other structure constructed or placed in the Easement Area unless allowed under prior agreement. G. Roads and Trails. There shall be no construction of roads, trails, walkways, or paving in the Easement Area except the following: 1) The Grantor reserves the right to establish a l S-foot wide greenway trail within the western boundary of the conservation easement, beginning at the conjunction of the eastern right -of --way of Statesville Road and the northern right-of-way of Northeross Center Court, northward along the western property line to the existing 20-foot wide sanitary sewer easement (SSE), recorded in the Mecklenburg County Register of 17eeds DB 0797 PG 818; 2) The Grantor reserves the right to establish a 15-foot wide greenway trail over the existing SSE. Immediately around the existing sanitary sewer manholes, the greenway right-of-way may extend up to 40 feet in width, including the existinl; SSE. 3) The Grantor reserves the right, after receiving written approval of the EEP and the State Property Office, to establish temporary construction and access easement for the sole purpose of building a greenway trail. Such approval shall be granted within 60 days of receipt of the proposed design of the greenway trail construction and access easement, and such approval shall not be urreusunably withheld. The trail surface may be constucted of natural and/or man made materials, including but not limited to stone, asphalt, lumber, earth, recycled products or any other material deemed necessary to safely accommodate pedestrians, cyclists and maintenance equipment. It is also understood that the grantor reserves the right to install any and all Features necessary to ensure proper drainage of the trail within the Easement Area New and existing roads or trails must be located, constructed, and repaired in a manner that will not impede the natural drainage of the surrounding easement area, including, but not limited to, the natural flood drainage along the floodplain. New and existing ronds or trails that are located in the Easement Area may be maintained by Grantor in order to minimize runoff, sedimentation and for access to the interior of the Property for management, maintenance, stewardship purposes; or undeveloped recreational and educational uses of the Easement Area. Existing roads, trails or paths may be maintained with loose gravel or permanent vegetation to stabilize or corer the surfaces. Page 4 of 1 I ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte 27 ---7 The Grantor is responsible for obtaining ali applicable permits for construction of any trails. H. Signs. No signs shall be permitted in the Easement Area except interpretive signs, signs identifying the owner/developer/manager of the Properly and the holder or the Conservation Easement, signs giving directions and signs presctibing rules and regulations for the use of the Easement Area. I. Dumping or Storing. ❑limping or storage of soil, trash, ashes, garbage, waste, abandoned vehicles. appliances or machinery, or other material in the Easement Area is prohibited. J. Grading, Mineral Use, Excavation, Dredging. There shall be no grading, filing, excavation, dredging, mining,, or drilling; no removal of topsoil, sand, gravel, rock, peat, minerals, or other materials. K. Water Quality and Drainage Patterns. 'There shall be no diking, draining, dredging, channeling, tilling, leveling, pumping, impounding or diverting, causing, allowing or permitting the diversion of surface or underground water. No altering or tampering with water control structures or devices, or disruption or alteration of the restored, enhanced, or created drainage patterns. All removal of wetlands; polluting or discharging into waters, springs, seeps, or wetlands, or use of pesticide or biocides is prohibited_ In the event of an emergency interruption or shortage of all other water sources, water from within the Easement Area may temporarily be used for good cause shown as needed for the survival of livestock and agricultural production. L. 5ubdivkion and Consrel,flnee. Grantor voluntarily agrees that no subdivision, partitioning, or dividing of the underlying fee that is subject to this Laserrimt is allowed. Unless agreed to by the Grantee in writing, any future conveyance of the underlying fee for the Easement Area and the rights as conveyed herein shall be as a single block of property. Any future transfer of the fee simple shall be subject to this Conservation Easement. Any transfer of the fee is subject to the Grantee's right of unlimited and repeated ingress and egress over and across the Property to the Easement Area for the purposes set forth herein. M, Development Rights_ All development rights are removed from the Easement Area and shall not be transferred. N. Disturbance of ]Natural Features. Any change, disturbance, alteration or impairment of the natural features of the Easement Area or any intentional introduction of non-native plants, trees and/or animal species by Grantor is prohibited. The Grantor may request pennission to vary front the above restrictions for good cause shown, provided that any such request is consistenr with the purposes of this Conservation Easement. The Grantor shall not vary from the above restrictions without first. Page 5 of 1 I ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte 28 ---7 obtaining writtcn approval from the N.C. Ecosystem Enhancement Program, whose mailing address is 1652 Mail Services Center, Raleigh, NC 27699-1652. III. GRANTEE RESERVED USES A. Right of Access, Construction, and Inspection. The Grantee, its employees and agents, successors and assigns, receive a perpetual Right of Access to the Easement Area over the Property at reasonable tines to undertake any activities to restore, construct, manage, maintain, enhance, and monitor the stream, wetland and any other riparian resources of the Easement Area, in accordance with restoration activities or a lonb term management plan. Unless otherwise specifically set forth in this Conservation Easement, the rights granted herein do not include or establish for the public any access rights. B. Restoration Activities. These activities include planting of trees, shrubs and herbaceous vegetation, installation of monitoring wells, utilization of heavy equipment to grade, fill, and prepare the soil, modification of the hydrology of the site, and installation of natural and manmade materials as needed to direct in -stream, shove ground, and subterraneous water flow. C. Signs. The Grantee, its employees and agents, successors or assigns, shall he pennitted to place signs and witness posts on the Property to include any or all of the following. describe the project, prohibited activities within the Conservation Easement, or idcntify the project boundaries and the holder of the Conservation Easement. 1V. E•'N'FORC:EMENrFANDREM ED1E4 A. Enforcement. To accomplish the purposes of this Conservation Easement. Grantee is allowed to prevent any activity within the Easement Area that is inconsistent with the Purposes of this Easement and to require the restoration of such areas or features of the Easement Area that may have been damaged by such activity or use. Upon any breach of the terms of this Conservation Easement by Grantor, their successors or assigns, that comes to the attention of the Grantee, the Grantee shall, except as provided below, notify the Grantor, their successors or assigns in writing of such breach. The Grantor shall have ninety (90) days afrer receipt of such notice to correct the conditions constituting such breach. If the breach remains uncured after ninety (90) days, the Grantee may enforce this Conservation Easement by appropriate legal proceedings including damages, injunctive and other relief. The Grantec shall also have the: power and authority, consistent with its statutory authority; (a) to prevent any impairment of the EaseivCul Area by acts which may be unlawfid or in violation of this Conservation Easement; (b) to otherwise preserve or protect its interest in the Property; or (c) to seek damages firam any appropriate person or entity. Notwithstanding the foregoing, the Grantee reserves the immediate right, without notice, to obtain a temporary restraining order, injunctive or other appropriate relief if the breach of the term of this Conservation Easement is or would irreversibly ar othenvise materially impair the benefits to be derived from this Conservation Easement. The Grantor and Grantee acknowledge that under such circumstances damage to the Grantee would be irreparable and remedies at law will be inadequate. The rights and remedies of the Grantee provided hereunder shall be in addition Page 6 of 11 ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte 29 ---7 to, and not in lieu ol, all other rights and remedies available to Grantee in connection with this Conservation Easement. B. inspection. The Grantee, its employees and agents, successors and assigns, have the right, with reasonable notice, to enter the Easement Area over the Property at reasonable times for the purpose of inspection to determine whether the Grantor, their successors or assigns are complying with the tenns, conditions and restrictions of this Conservation Easement. C. Acts Beyond Grantor's Control. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor, their successors or assigns, for any injury or change in the Easement Area caused by third parties, resulting from causes beyond the Grantor's control, including, without limitation, tire, flood, storm, and earth movement, or from any prudent action taken in good faith by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to life, damage to property or harm to the Property resulting from such causes. D. Costs of Enforcement. Beyond regular and typical monitoring, any costs incurred by Grantee in enforcing the terns of this Conservation Easement against Grantor, their successors or assigns, including, without limitation, any costs of restoration necessitated by Grantor's acts or omissions in violation of the terms of this Conservation Easement, shall be borne by Grantor. E. No Waiver. Enforcement of this Fasement shall be at the discretion of the Grantee and any forbearance, delay or omission by Grantee to exercise its rights hereunder in the event of any breach of any term set forth herein shall not be construed to be a waiver by Grantee. V. MISCELLANEOUS A. This instrument sets forth the entire agreement of the parties with respect to the Conservation Easement and supersedes all prior discussions, negotiations, understandings or agreements relating to the Consenlation Easerent. If any provision is found to be invalid, the remainder of the provisions of the Conservation Easement, and the application of such provision to persons or circumstances other than those as to which it is found to be invalid, shall not be affected thereby. B. Any notices shall be sent by registered or certified mail, return receipt requested to the parties at their addresses shown above or to other address(es) as either party establishes in writing upon notification to the other. C. Grantor shall notify Grantee in writing of the name and address and any party to whom the Property or any part thereof is to be transferred at or prior to the time said transfer is made. Grantor further agrees to make any subsequent lease, deed, or other legal instrument by which any interest in the Property is conveyed subject to the Conservation Easement herein created. Page 7 of I 1 ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte 30 ---7 D. The Grantor and Grantee agree that the terins of this Conservation Easement shall survive any merger of the fee and easement interests in the Property or any portion thereof. E. This Conservation Easement and Right of Access may be amended, but only in writing signed by all parties hereto, and provided such amendment does not affect the qualification of this Conservation Easement or the status of the Grantee under any applicable laws, and is consistent with the purposes of the Conservation Eascmcnt. The U.S. Army Corps of Enginccrs must be notified 60 days in advance of any amendment to this Conservation Easement or transfer of property interest. Such notification shall be addressed to: General Counsel, US Army Corps of Engineers, 69 Darlington Avenue, Wilmington, NC 28403. R The parties recognize and agree that the benefits of this Conservation Easement are in gross and assignable provided, however, that the Grantee hereby covenants and agrees, that in the event it transfers or assigns this Conservation Easement, the organization receiving the interest will be a qualified holder under N.C. Gen. Stat. § 121-34 et seq. and § 170(h) of the Internal Re -venue Code, and the Grantee further covenants and agrees that the terms of the transfer or assignment will be such that the transferee or assignee will be required to continue in perpetuity the conservation purposes described in this document. V1. QUIET ENJOYMENT Grantor reserves all remaining rights accruing from ownership of the Pruperty, including the right to engage in or permit or invite others to engage in only those uses of the Easement Area that. are expressly reserved herein, not prohibited a restricted herein, and are not inconsistent with the purposes of this Conservation Easement. Without limiting the generality of the foregoing, the Grantor expressly reserves to the Grantor, and the Grantor's invitees and licensees, the right of access to tic Easement Area, and the right of quiet enjoyment of the Easement Area. TO HAVE AND TO 14OLD the said rights and easements perpetually unto the State of North Carolina for the aforesaid purposes. AND Grantor covenants that Grantor is seized of said prcmiscs in fee and has the right to convey the pennanent Conservation Easement herein granted; that the same are free from encumbrances and that Grantor will warrant and defend title to the some against the claims of all persons whomsoever. Page8oftr ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte 31 ---7 IN TESTINIONY WHEREOF, the Grantor has hereunto set his hand and seal, like day and year first above written. GRANTOR: TOWN OF CORIN'ELI[USS, a municipal corporation By: (SEAL) Town Manage ATTEST: B— (SEAL) Town Clerk NORTH CAROLINA COUNTY OF�MsKGl LLN.96RG CabrA r" I, T Notary Public, do hereby certify that Lot I Y personally appeared before me this day and acknowledged that he/she is Clerk to the Town of Cornelius, and that by authority duly given and as the act of the Board, the foregoing instrument was signed in its name by its County Manager, sealed with its County seal, and attested by him/herself as its Clerk to the Board. IN WITNESS WHEREOF, I have hereunto set my hand and Notary Seal this the a,5 day of YLAj2 L9-.. 201 1. 14 Lary Public C' My commission expires:pA C'0 Page 9 of l 1 ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte 32 ---7 'EXHIBIT A " Legal Description for Conservation Easement On Tax Parcel ID 9 005-032-19A On Tax Parcel ID # 005-032-19B On Tax Parcel ID N 005-042-19A On Tax Parcel ID # 005-042-19B BEING located in the Towns of Cornelius and Huntersville, Mecklenburg County, North Carolina and being more particularly described as follows: BEGINNING at a found rod with cap being located at the intersection of the eastern right-of- way of Statesville Road, also known as U.S. Highway 21 (150' public right-of-way per Map Book 34 Page 557) with the northern right-of-way of Northcross Ccntcr Court (public right- of-way varies per Map Book 33 Page 325), said found rod with cap being the southwestern corner of Lot 17 of Map Book 41 Page 385, said lound rod with cap having NC Grid Coordinates, N-623042.618 and E= 14443 89.827, and said found rod with cap being located N 07-17-24.3 E 62,482.142 (ground) feet Frain NC CARS Station "CHME" having NC Grid Coordinates, N=560980,53 and E=1436243.62; thence proceeding with said eastern right-of- way of Statesville Road, also known as U.S. Highway 21, N 04-36-3 I W 985.10 feet to a found rebar, a common corner with Lot 6 of Map Book 34 Page 901, thence leaving said eastern right-of-way orStati sville Road and running with the common lines of said Lot 6, the following three (3) courses and distances: (1) N 85-19-09 E 112.04 feet to a found rebar; (2) N 32-16-55 E 205.71 feet to a found rebar: and (3) N 42-09-45 E 202.26 feet to a found rebar, a common corner with Lot 2 of Map Book 34 Page 801; thence with the common lines of said Lot 2, the following two (2) courses and distances: (1) N 21-52-17 E 386.47 feet to a found rebar; and (2) N 52-16-17 W 175.33 feet to a found concrete monument located in the line of Mary Lee Cooke et al (now or Formerly: Deed Book 3879 Page 34-1), thence with anew line, riot the property line, 5 81-57-42 E 172.84 fast to a set rebar; thence witli another new line, not the property line, S 74-09-53 E 9.91 feet to a set rebar located in the line of Robert V. and Kristina M_ Washam (now or formerly: Deed Book 13023 Page 512); thence with the common line of said Washarn, S O4-59-37 W 319.20 feet to a found rebar, a common corner with the Greenway of Map Book 44 Page 161; thence with the common lines of said Greenway, the following three (3) courses and distances: (1) N 69-49-24 E 168.60 feet to a set rebar; (2) S 84-37-36 E 119.45 Feet to a Found rebar with cap; and (3) S 84-37- 36 E 268.64 feet to a found rebar, a common corner with Our Towns of North Mecklenburg -South Iredell Habitat for Humanity, Inc. (now or formerly: Deed Book 20962 Page 772); thence with the common lines of said Our Towns of North Mecklenburg -South Iredell Habitat for H umanity, Inc. the following three (3) courses and distances: (I) S 67-22- 08 E 329.12 feet to a found rebar; (2) S 83-39-08 L t78.60 feet to a set rebar and (3) N 63- 35-52 E 91.52 feel to a set rebar, n common corner �,ith Urban Open Space if] of Map Book 50 Page 65; thence with (lie conunon line of said Urban Open Space ff 1, S 55-59-36 E. 212.80 feet to a found rebar, a common corner with Lot 199 of Map Book 28 Page 98 and the Common Area of Map Book 28 Page 50; thence with a common line of said Common Area, N 77-19-16 W 164.51 feet to a found nail; thence continuing with said Common Area and Page 10 of 1 t ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte 33 ---7 continuing with Lots 142,141 and 140 of Map Book 2S Page 50, S 54-58-44 W 810.05 feet to a found rebar replaccd by a sct rebar, located in the line of Lot 14 of Map Book 44 Page 666; thence with a common line of said Lot 14 the following two courses and distances: (I ) N 72-20-07 W 255.27 feet to a set rebar; and (2) N 72-20-07 W 262.00 feet to a found rebar, the northern corner ol'said Lot 14; thence with common lines of said Lot 14 the following two (2) courses and distances: (1) S 05-26-01 W 74.01 feet to a found rod; and (2) S 24-05-28 W 89.11 feet to a set rebar; thence with a common line of said Lot 14 and continuing with the common lines of Lots 16 and 17 of Map Book 41 Page 385, S 24-05-28 W 883.19 feet to a rod with cap located at the intersection ❑f the eastern right-of-way of Statesville Road, also known as U.S. Highway 21 with the northern right-of-way of Northcross Center Couit, the POINT AND PLACE OF BEGINNING, containing 900,008 square feet / 20,66 acres and being a]I as shown an Conservation Easement Survey for the State of North Carolina dated 4.23.2009 by I_,ucas-Fonnan, Inc. Page I l of I t ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte 34 5 ;IF IiIII J. DAVI❑ GRANBERRY REGISTER OF DEEDS, MECKLENBURG COUNTY & COURTS OFFICE BUILDING 720 EAST FOURTH STREET CHARLOTTE, NC 28202 PLEASE RETAIN YELLOW TRAILER PAGE It is part of the recorded document, and must be submitted with original for re-recording and/or cancellation. Filed For Registration: 0411412011 10:27:42 AM Book: RE 26417 Page: 16-27 Document No,: 2011043290 ESMT 12 PGS $49.00 Recorder: TERESITA BYRUM 2011043290 ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte 35 5 ;IF IiIII Appendix C: City of Charlotte Umbrella Stream and Wetland Mitigation Bank Credit Request Form ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte 36 A Ef: . /charwtteifeNrrerarnq STORM r�� WATER N� services Storm Water.0 harMeck.org City of Charlotte Umbrella Stream and Wetland Mitigation Bank Credit Request Form Form Instructions: Completely fill out the information below and return to the Mitigation Bank Administrator (MA) or Mitigation Specialist (MS) via email. Contact information is provided below. The Project Manager is the City representative for the project. Request Date 2124f23 Project Name Garnson Road Extension Project Manager Erin Pratt JGiry or Charlottes i Jennifer Robertson iAtlas Environmental, Inc.) Project Manager Contact Information (Please include phone #and maifing address) 600 East 41h Street 6th Floor Charlotte, NC 28202 338 S- Sharon Amity Road #411 Charlotte. NC 28211 Requestor (if different from Project Monager] USAGE Action ID (1 available) SAW-2022-00437 Project Location Parcel 117 or nearest intersection partial parcels 14129103, 14117111, and 14129106 03050101 (Upper Catawba) Project 8-digit HUC Impact Amount (Please specify LF or AC] 89 Linear Feet Acres Proposed Mitigation Ratio * Stream 21 Wetland Requested Credit Amount (Please specify sus us or WNIUS) 7$ SMUs WMUs 'If you have varying ratios for different features, please provide a table with this request that details the ratios by feature. For information on current mitigation credit rates, please visit our website. If, throughout the permitting process, your project mitigation needs change, please contact the MA or MS for a revised Credit Reservation Letter (CRQ or to cancel your request. Your CRL will remain valid for 180 calendar days upon receipt. After 180 days, you will need to resubmit your request, and updated credit rates will be applied (if applicabfe). Copies of all permit approvals should be submitted to the MA or MS as soon as possible upon receipt to ensure payment can be processed prior to the start of project construction. CRCs will be null and void after the date of the permit expiration; a new request form must be submitted if the mitigation need remains. Mitigation Bank Administrator Erin Shanaberger, PW5 erin.sha na berge r@cha rlottenc.gov (704)562-2691 Mitigation Specialist Lacey Meador jacey.rneador@charlottenc.gov (704)412-0883 CITY.,! CHARLOTTE ATLAS Environmental, Inc. 338 S. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m) www.atlasenvi.com / Offices in Asheville and Charlotte 37