20181489 Ver 1_More Info Received_20181121

Homewood, Sue
From: Jake Byers <[e-mail]>
Sent: Wednesday, November 21, 2018 2:33 PM
To: Homewood, Sue
Cc: Elliott, William A CIV USARMY CESAW (US); Leslie, Andrea J; 'Tony Davis'; Christine
Gears; Kevin Tweedy
Subject: RE: [External] RE: Fisher River Restoration - Surry County
Attachments: McCormick_SurryCounty_Lease_2013-2023_Bk1468Pg1095.pdf
See attached for the lease agreement.
The culvert is being requested by Surry parks and rec to widen their trail. The parks director has stated that they have
cross country meets there regularly and that point becomes a significant bottle neck. However, if this is a regulatory
hurdle we can take it out. Let me know if this is a good enough reason for the impact. If so, we'll send an updated
table.
I don't think I've seen or maybe misplaced the WRC comments. However I have received comments on similar projects
on large river systems regarding working in the wet. I appreciate the need to work in the dry as much as possible but
the Fisher River is a 61 square mile drainage area so pumping around is not a viable option. Installing diversions or
cofferdams is cost prohibitive and is likely to disturb as much or more then just doing the work. I can't lay my hands on
it right now but we have a map showing the rapid bank erosion along this bend on the fisher. This bend has lost 50' or
more bank in the last 15 years or so. The sediment entering the river and potential turbidity as a result of construction is
miniscule compared to what has already entered and what will continue to enter the river without this work. We will
pump around on the unnamed tributary. Please let me know if I am missing something or not addressing the intent of
the WRC comments.
Thanks,
-Jake
From: Homewood, Sue <[e-mail]>
Sent: Wednesday, November 21, 2018 2:09 PM
To: Jake Byers <[e-mail]>
Cc: Elliott, William A CIV USARMY CESAW (US) <[e-mail]>; Leslie, Andrea J
<[e-mail]>; 'Tony Davis' <[e-mail]. net>; Christine Gears <[e-mail]>; Kevin
Tweedy <[e-mail]>
Subject: RE: [External] RE: Fisher River Restoration - Surry County
The lease agreement will be sufficient.
We need to account for that culvert impact. I'm not sure if William would cover it under the NWP27 or if he needs to
add another NWP to cover that fill. For now we at least need it explained, whether it's temporary or permanent and we
need it justified (if there's a trail there now, why does it need to be widened?) Greenways are usually justified as 10-12'
wide so we'd need an explanation for why the added culvert there. There's no way to go back and fix the online form so

what most people do is take the table from the old printed version of the PCN, fill it out and submit it as additional
information. Or create a new table and send it to us. Sending it by email is fine.
Please also comment on WRCs request to divert flows around the work area where you propose to not work in the dry
along the Fisher River.
Happy Thanksgiving
Thanks,
Sue Homewood
Division of Water Resources, Winston Salem Regional Office
Department of Environmental Quality
336 776 9693 office
336 813 1863 mobile
Sue. [e-mail]
450 W. Hanes Mill Rd, Suite 300
Winston Salem NC 27105
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Jake Byers <[e-mail]>
Sent: Wednesday, November 21, 2018 1:53 PM
To: Homewood, Sue <[e-mail]>
Cc: Elliott, William A CIV USARMY CESAW (US) <[e-mail]>; Leslie, Andrea J
<[e-mail]>; 'Tony Davis' <[e-mail]. net>; Christine Gears <[e-mail]>; Kevin
Tweedy <[e-mail]>
Subject: [External] RE: Fisher River Restoration - Surry County
Hi Sue,
Agent authorization —The county has a lease agreement (1977-2023) with the McCormicks for the portion of their
property on the park side of the Fisher River. We have approval to do the work from them. Do we still need an agent
authorization or will a copy of the recorded lease work?
Impacts —The culvert you mentioned was by request of the county to widen the existing trail through the park. We by
mistake did not add that 20' as permanent impact to that perennial stream. Do we need to just correct in the online
system? We're tying to get used to that system. There are not any wetlands within the project work area on this site so
the language of avoiding them was a holdover from a previous example.
Thanks and hope you have a great Thanksgiving.
-Jake

From: Homewood, Sue <[e-mail]>
Sent: Tuesday, November 20, 2018 5:13 PM
To: Jake Byers <[e-mail]>
Cc: Elliott, William A CIV USARMY CESAW (US) <[e-mail]>; Leslie, Andrea J
<[e-mail]>
Subject: Fisher River Restoration - Surry County
Hi Jake,
A couple questions/comments about this one:
-in the application it mentions avoiding streams and wetlands along the construction route as much as possible and
using mats where possible. We need to see all jurisdictional features within the project limits (including access roads
and staging areas) and all impacts need to be identified on the PCN impact table, identified as temporary or permanent
and justified. Sheet 6 shows one such culvert, I believe, but it's unclear where there may be others or other
jurisdictional features.
-we need an owner authorization for both property owners, there's only one in the PCN package.
Thanks,
Sue Homewood
Division of Water Resources, Winston Salem Regional Office
Department of Environmental Quality
336 776 9693 office
336 813 1863 mobile
Sue. [e-mail]
450 W. Hanes Mill Rd, Suite 300
Winston Salem NC 27105
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

C)
BK 1468 PG 1095 - 1098 (4)
This document presented and filed:
12/13/2013 09:51:29 AM
Fee $0.00
613716 11111111
Surry County North Carolina
CAROLYN M. COMER, Register of Deeds
rdo
STATE OF NORTH CAROLINA
COUNTY OF SURRY
LEASE
This Lease and extension of Lease made and entered into this the day of December
2013, by and between C.F. (Nub) McCormick and wife, Peggy McCormick, of Surry County,
North Carolina, hereinafter called "Lessors," and Surry County, a body politic and corporate, of
Surry County, North Carolina, hereinafter called "Lessee."
WHEREAS, on December 19, 1977, a Lease was executed by and between the parties
and on April 15, 1985, an Amendment to Lease was executed by the parties;
AND, WHEREAS, the term of the original Lease, as amended, was 25 years with an
effective date of January 1, 1978, ending December 31, 2003;
AND, WHEREAS, a Lease extension was executed between the parties on August 20,
2002 with an effective date of December 31, 2003 terminating on December 31, 2008; the parties
did hereby agree to extend the Lease for an additional five (5) year period beginning on the 31S`
day of December, 2008 and terminating on December 31, 2013;
AND WHEREAS, the parties do hereby agree to extend the Lease for an additional
ten(10) year period beginning on the 31" day of December, 2013 and terminating on the 31 sl day
of December, 2023 at a price of $750 per year payable to Lessors;
AND, WHEREAS, the parties have agreed as additional consideration during the term of
this lease that the Lessors shall be entitled to two annual shelter rentals of the fire place shelter at
no additional cost. Reservations will need to be made in accordance with the policies maintained
by the Surry County Department of Parks and Recreation;
AND, WHEREAS, the parties have further agreed that Lessee shall be granted the right
of first refusal to purchase the facility on the same term as proposed by a third party in an arm's
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t
length transaction should the Lessor determine to sell the facility during the term of this Lease.
Note: the parties agree that Lessor's transfer of the premises to a limited liability company or a
corporation owned or controlled by Lessor or Lessor's family is not an event that would trigger
the right of first refusal.
NOW, THEREFORE, in consideration of the premises, the Lease dated December 19,
1977, which was amended April 15, 1985 and extended January 31, 2003 is further extended as
follows: Lease and Amendment to Lease is further extended by agreement for ten (10) years
from December 31, 2013 to December 31, 2023, upon the same terms and conditions as are set
forth in the Lease, as amended and extended. In all other respects the aforesaid Lease and
Amendment to Lease are ratified, confirmed and shall be and remain in full force and effect.
The premises to which this Lease extension pertains is that certain 8.173 acres shown on
Plat Book 9, Page 24, Surry County Registry, said plat prepared by Woodrow W. Bedsaul,
Lambsburg, Virginia and see Surry County Tax ID #4997-15-63-2802 and the premises is
specifically designated as "To Be Leased From C.F. McCormick." For illustrative purposes, a
copy of the plat is attached as Exhibit "A" and is incorporated herein by reference.
The parties acknowledge that under the original Lease, as amended, Lessors included
Bertie McCormick (widow) who is now deceased, having left her interest in the property to C.F.
(Nub) McCormick and wife, Peggy McCormick as sole owners of said 8.173 acre tract.
The parties acknowledge that as additional consideration, that the Lessors shall be
entitled to rent-free use of the fire place shelter twice a year during the term of this lease. The
Lessors shall be required to make reservations in accordance with policies maintained by the
Surry County Department of Parks and Recreation.
The Lessors grant to Lessee, the right of first refusal to purchase the facility on the same
term as proposed by a third party in an arm's length transaction should the Lessor determine to
sell the facility during the term of this Lease. Note: the parties agree that Lessor's transfer of the
premises to a limited liability company or a corporation owned or controlled by Lessor or
Lessor's family is not an event that would trigger the right of first refusal.
IN WITNESS WHEREOF, said Lessors have hereunto set their hands and affixed their
seals; and Lessee has caused these presents to be signed in its name by its Chairman of the Board
of County Commissioners, attested by the Clerk to the Board of County Commissioners, and its
corporate seal affixed hereto, all by the authority of its Board of Commissioners, as of the day
and year first above written.
SIGNATURE PAGE TO FOLLOW
PA

13
SEAL
Attest: /
a
Clerk to the Board
NORTH CAROLINA, SURRY COUNTY
�,' �' �U✓w iY1a �Odr+���l (SEAL)
C.F. (Nub) McCormick
(SEAL)
Peggy A*, ormick
COUNTY F SURRY, ody p litic and corporate
By: (SEAL)
,E arra hairman
I certify that the following person(s) personally appeared before me this day, each acknowledging to me
that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity
indicated:
r tilt
`L C.F. (Nub) McCormick
itr@qp� ki Q knd official seal, this the + 1
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=,ti . L� Q L 1 C/
�Q.fFicialSe�1T'�
t•'t3 J iaS
NORTH CAROLINA, SURRY COUNTY
day of %D, --c e; 2013.
S• t'ct�1 3Jc,�LE�A , Notary Public
My commission expires: A��; 3U, 2 a ► e
I certify that the following person(s) personally appeared before me this day, each acknowledging to me
that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity
indicated:
Peggy McCormick
Witness my hand and official seal, this the !%
7 � <;'
A cTiafS�a�l)
-
0 L 1
Oki -
day of\bece-n.bq--S2013.
S. C>«, -,t ttJ Notary Public
My commission expires:
Vii

NORTH CAROLINA. SURRY COUNTY
1, 7 . rp CC , Notary public for said County and state, certify that Conchita Atkins,
Clerk to Surry County Board of Commissioners, personally appeared before me and certified that the
foregoing instrument was executed in the name of Surry County by R. Craig Hunter, Chairman of the
Board Of Commissioners, and that she, Conchita Atkins, Clerk to the Board, did attest to said execution
and did affix the Surry County Seal to said instrument on behalf of the Board of Commissioners of Surry
County.
Witness my hand and official seal, this the �_ day of , 2013.
�2E,
=e-aI)$WWC0UWv.NC
w000 , Notary Public
(OfficialMy com ission expires:
na+.
Pre -Audit Certificate:
This instrument has been pre -audited in the manner required by the Local Government Budget and Fiscal
Control Act.
Name:
Finance Officer, Surry County
4