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. Sharon Amity Road #411 Charlotte, North Carolina 28211; 704-512-1206 (o) / 828-712-9205 (m)
www.atlasenvi.com / Offices in Asheville and Charlotte
►�Ink,;
---�
FIGURE 1
I
!zF }
{
11113EEEIIIIililE111113EF[E11
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 7
FIGURE 2
. •'���'' it � _�
`.
ap,'+'',�;�
1.
�
1
IJ` 519
a
ZI&
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
Figure 3
1 1 ,':!� 2 I ��� `` t��.''3t I l f } l � 7� y_�I• f - .:
�} ' �� •s ' � I!1 Sri�>.l�'csli{ }{`�.7 ��., ir} ��!!yL � ''-ypl7S�^lf II,�M• r'!r •-�...
{--- � r r} 1.i„�n�� 1Vr L.-.� ,,_'•, �ttil�l,�2��r�gsl� f�. I�� ttflcs,�c� .
�" Nr [c �l`�'aE^ 1 CV l�fl �±L.•, .. f .. "��r1�' f411 5r� Illy11 _ti � L
5 � L 41 rly�+5fi�i�_`�,3. • �r rr� •-•�--- J I K � � � 1 � y;
+ JlfJ11+lI[r.,4�c�;'1JI �7rr' r�J1lr�Jr a,:
I :.��1> >l �• �s�l��1lY j il}fi{tJr�l„lr .L-- � 'I§f Ih rri.. ;lt �" r �.' y � ! JJ
.vL! -, ti �r`a�_� till ytrlrlylrs !.:—. slt S }{`iC �y y ! rr,J�r r5 ry ti
r .. M L a� 11>tlf7lflrlfi r,� t�--i5`. f irl V7rlt 14} r f rJ l j�ij� f � 11l l 1 f[ I
! y �5
• '�t[� �% Sr}�ti SL�� � ��,� 37 I' y+f I Ilyr rifjfJ'9 lSs�lrS L `ti 11 �.�r.
__ r*..`,•, tiC r J�f7r ! L n���y s�. I ; +�I ..._.�7 1 i�Igj 11 VL it If F7� }�Iti � S 9�. �1�y
I n�yll `Jr( f �'.i�� 4 L ii` i1. [ 4 ,= I }� j,?i [ i r f � ...5, frd y 1 1 + I li y S IY 1 T I � �, � � 1 ,.•r �'� p.,.
le e11 I ltis� 1 y r ■ :� r �.
) 1- i jt 1
!
i nil t! r i f <1fIts?.r
I 115
..::"•frll[tl[�7SISr yl'Ssf}�� r11 �� !, r: }, L.;�L }![ If
i i •]� l i rTr"' �L
7,11 }1 i s{I f {s Ir ti� .—� ;' yt41a iek{r7�s�s'c�11�}i�L,f{ i�Rx�
Irlil Ity> 1 LSnist1 Ltiril4rhs,
f JI ti rl t J •"�! ii11t44Lti.�z�t,Ll
...,I ✓.�ti}v ly+• L �'_ v +' IvL0titt. �ll iVStt t\�L•.` �_ _ -
•
�u•1 tiL'1 ��l ��'-tiyr"'^.. r f�l�; 1� � :� 11�,��
\1511]77{1R� Ctsd•=�;:
AIL .t�E t 1� ��yl .; ql}41i115!{L.:[i14
•� r�}��t LL_L�r L�L� L�r 15 7 � I '� "SL1
}»Y+ll I"�
lYy -
�. _. 6�1i`i 1 l flA fi�7 vLtSSyt�tr11Vf�lS �i
Ij
'� T�rr4S 1 1 1 trf (r11 'J V
1 I�i 71 1i fl
Y ` ''-.•,I'�LLtirl IrJll 4 JfY r'
'tt yll y� Tq['rr°r I'
Sit V y `S ti� �r Lit ?r
r `z- CONSERVATION
_ EASEMENT
1
STORMWRTER 6MP �
OUTFALL WITH RiPRAP
OUTLET PROTECTION -
r�
� IJ
I CONSERVATION
/ EASEMENT
r 77
w IS
y ti
.. .y2 ksf •
OVERALL WETLAND EX RISK
S
a y IT
I{ST
GARRISON ROAD
CHARLOTTE, NC
H *
PREPARED FOR;
CITY OF CHARLOTTE
PR EPARED SY'
_
THOMAS
BUTTON
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 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