HomeMy WebLinkAbout01-07 RESOLUTIONRESOLUTION NO. 01-07
A RESOLUTION APPROVING THE FILING OF A DEED
RESTRICTION FOR THE WASTEWATER SYSTEM IMPROVEMENT
PROJECT (WSIP) WETLAND COMPENSATORY MITIGATION SITE,
AS REQUIRED BY U. S. ARMY CORPS OF ENGINEERS SECTION
404 PERMIT NUMBER 14207
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS•
Section 1. That the City Council of the City of Fayetteville, Arkansas, hereby
approves the filing of a Deed Restriction for the Wastewater System Improvement
Project (WSIP) Wetland Compensatory Mitigation Site, as required by U. S. Army Corps
of Engineers Section 404 Permit Number 14207. A copy of the Deed Restriction, marked
Exhibit A, is attached hereto and made a part hereof. ��,,,,,,,,,,,
.civc., /TRfgs•,
c?.•G\TYOF.Lp
;FAYETfEVILLE;
•
•
5,511; N„S.rn
By:
oinktplici TON o••
SONDRA SMITH, City Clerk/Treasurer
PASSED and APPROVED this 2"d day of January, 2007.
APPROVED:
DAN COODY, Ma
ATTEST:
NOTICE OF DEED RESTRICTION
STATE OF ARKANSAS )
)ss:
COUNTY OF WASHINGTON )
KNOW ALL MEN BY THESE PRESENTS THAT: The City of Fayetteville is the
owner of the real property more particularly described in the attached legal description and
shown in the attached map of the mitigation site based on a survey performed by a
registered professional land surveyor; the legal description and the map are made a part
hereof. For all purposes throughout this document, that real property will be referred to as
the "Property". As of the date executed, the Property has been designated as a mitigation
site associated with U.S. Army Corps of Engineers Section 404 Permit No. 14207; said
permit relating to the planned construction of Fayetteville's wastewater system
improvements project. A copy of the U.S. Army Corps of Engineers Section 404 Permit No.
14207 will be attached to and recorded with this notice. The permit grants authorization to
City of Fayetteville for the placement of fill material in wetlands, to perform work in waters
of the United States and approves compensatory mitigation for the wastewater project's
environmental impacts. Any purchaser of all or any part of the Property or any person
having an interest in or proposing to acquire an interest in all or any part of the Property,
or any person proposing to develop or improve all or any part of the Property, is hereby
notified of the following development restriction affecting the Property:
Any activity on the Property must comply with the terms and special conditions described
in U.S. Army Corps of Engineers Section 404 Permit No. 14207, or a revision thereof. It
should be noted that the Property has been designated to be preserved, in perpetuity, as
compensatory mitigation for environmental impacts to wetlands and wildlife habitat
mitigation as a result of the wastewater project, and may not be converted to another use.
Prohibited activities on the Property may include, but are not limited to: clearing, logging,
bush hogging, mowing, spraying with herbicides, filling, leveling, draining, dumping,
construction of any structure and any other activity that would adversely impact the
targeted natural state, or use, of the Property for compensatory mitigation, and as wildlife
habitat; unless the activity is necessary to enhance wildlife habitat or for wetland/upland
buffer area enhancement. This specific deed -restriction, however, does not prohibit or
preclude the use of bush hogging; mowing; spraying with herbicides to control invasive,
non-native, and undesirable plant species; controlled burning; selective cutting and/or
spraying with herbicides to control woody plant species within vegetational zones
designated for upland prairie, wet meadow, marsh, and/or open water habitats;
hydrological control and management; construction of structures, or any other upland/wet
prairie management tools necessary to enhance and maintain the biological integrity of the
site to meet targeted wetland compensatory mitigation goals specified within the Wetland
Compensatory Mitigation Plan submitted to, and approved by, the U.S. Army Little Rock
District Corps of Engineers by the City of Fayetteville, and as required by Section 404
Permit No. 14207. Prior to utilizing the aforementioned prairie management tools, or
conducting other natural resource management of wildlife enhancement activities involving
alteration of the Property, the City would require prior approval from the Little Rock
District Corps of Engineers.
Prohibited activities on the Property do not include; and the targeted natural state, or use,
of the Property for compensatory mitigation, and as wildlife habitat specified within the
1
Wetland Compensatory Mitigation Plan submitted to, and approved by, the U.S. Army
Little Rock District Corps of Engineers by the City of Fayetteville, and as required by
Section 404 Permit No. 14207, does not prohibit or preclude, the limited use and
management of public access that is restricted to pedestrian foot -traffic only on earthen
berms that surround wetland cells, for wet prairie plant community and wildlife
observation and viewing, educational, and recreational purposes that would be conducted in
a manner to not adversely impact the targeted natural state, or use, of the Property for
compensatory mitigation, and as wildlife habitat. Restrictions for use by the public shall
prohibit access by any motorized vehicle or bicycle; any access within wetland cells; access
by dogs (even on leashes) or other pets; tampering or adjusting water level retention
structures; littering; hunting; collection of any plant or animal specimens; or the removal
or destruction of any natural or man-made feature located at the mitigation site.
Prohibited activities on the Property do not include; and the targeted natural state, or use,
of the Property for compensatory mitigation, and as wildlife habitat specified within the
Wetland Compensatory Mitigation Plan submitted to, and approved by, the U.S. Army
Little Rock District Corps of Engineers by the City of Fayetteville, and as required by
Section 404 Permit No. 14207, does not prohibit or preclude access to wetland cells within
the Property by parties and/or entities approved by the City of Fayetteville and the U.S.
Army Little Rock District Corps of Engineers for the purpose of academic endeavors, wet
prairie ecological research, and/or wet prairie monitoring and management, that would be
conducted in a manner to not adversely impact the targeted natural state, or use, of the
Property for compensatory mitigation, and as wildlife habitat.
EXECUTED this k day of J Qyu,an.y_ , 2007.
BY:
Dan oody, Mayor
SUBSCRIBED AND SWORN TO BEFORE ME by
the day of C�p .aa..�_, 2007, to certify which s
office. QQ UU
Notary Public nd f e State of Arkansas
My Commission expires:
1)10,4,,g; cloy)
•
, on this
my han • and seal of
Printed Name Name of Notary:/1/
C/aP 4I / AhaQ/-Warman
2
David Jurgens
Submitted By
•
City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
2 -Jan -96/07
City Council Meeting Date
Wastewater Sys Imprvmnt Project
Division
Action Required:
/72/07
D1-07
A sind
ion
Water/Wastewater
Department
Approval of a Deed Restriction Covenant for the Wastewater System Improvement Project (WSIP) Wetland
Compensatory Mitigation Site, as required by Corps of Engineers Section 404 Permit number 14207.
47
Cost of this request
4480.9480.5315.00
Account Number
02133-0314
Project Number
Budgeted tem
XX
118 765 766 00
Category/Project Budget
107,923,028.89
Funds Used to Date
10,842,737.11
Remaining Balance
Budget Adjustment Attached
Wastewater System Imp Project
Program Category / Project Name
Water and Wastewater
Program / Project Category Name
Water/Sewer
Fund Name
Depart ' -
City Atto ey/
Dir for
Finance and Internal Service Director
Mayor
Comments:
4
R OO6
Date
/ 2,//,a-6
tz-18-DI
Date
ate
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number.
Re • ed in 'dy Clerk's Office
EN
Received in Mayor's Office
CITY COUNCIL AGENDA MEMO
To: Fayetteville City Council
Thru: Mayor Dan Coody
Fayetteville Sewer Committee
From: David Jurgens, Water & Wastewater Director
Date: December 12, 2006
Subject: Approval of a Deed Restriction Covenant for the WSIP Wetland Compensatory
Mitigation Site, as Required by Corps of Engineers Section 404 Permit Number 14207
City Council Meeting of January 2, 2006
RECOMMENDATION
Fayetteville City Administration recommends approval of a Deed Restriction Covenant for the
Wastewater System Improvement Project (WSIP) Wetland Compensatory Mitigation Site, as
required by Corps of Engineers Section 404 Permit number 14207, attached.
BACKGROUND
Corps of Engineers Section 404 Permit Number 14207, issued for the work associated with the
Wastewater System Improvement Project, requires that the wetlands mitigation site deed contain a
restrictive covenant by which the site must be held in perpetuity as a wetlands area.
DISCUSSION
The attached deed restriction was modified from its original draft verbiage in order to allow the
wetlands to be used as a bird watching and natural trail area, per the language that allows, in
addition to required maintenance related activities, "the limited use and management of public
access that is restricted to pedestrian foot -traffic only on earthen berms that surround wetland cells,
for wet prairie plant community and wildlife observation and viewing, educational, and recreational
purposes that would be conducted in a manner to not adversely impact the targeted natural state, or
use, of the Property for compensatory mitigation, and as wildlife habitat." Originally, the draft
restriction was written such that no public was allowed, and only maintenance activities could be
conducted on the land. This change has been coordinated with and approved by the Corps of
Engineers.
The wetlands site is under construction, and conforms to all Corps requirements in all ways. With
the construction of the berms that have already been built, the area is naturally reverting to its
original wetlands state, with wetlands plants and birds showing up as early as August, 2006.
BUDGET IMPACT
The only cost is the county filing fee of less than $50.00.
Wetlands Deed Restrict CCMemoDec06.doc
RESOLUTION NO.
A RESOLUTION APPROVING THE FILING OF A DEED
RESTRICTION FOR THE WASTEWATER SYSTEM
IMPROVEMENT PROJECT (WSIP) WETLAND COMPENSATORY
MITIGATION SITE, AS REQUIRED BY U. S. ARMY CORPS OF
ENGINEERS SECTION 404 PERMIT NUMBER 14207
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas,
hereby approves the filing of a Deed Restriction for the Wastewater System
Improvement Project (WSIP) Wetland Compensatory Mitigation Site, as required
by U. S. Army Corps of Engineers Section 404 Permit Number 14207. A copy of
the Deed Restriction, marked Exhibit A, is attached hereto and made a part
hereof.
PASSED and APPROVED this 2nd day of January, 2006.
ATTEST:
By:
SONDRA»SMITH
APPROVED:
By:
DAN:C1OODY, Mayor
Clerk
NOTICE OF DEED RESTRICTION
STATE OF ARKANSAS '
COUNTY OF WASHINGTON
KNOW ALL MEN BY THESE PRESENTS THAT: The City of Fayetteville
is the owner of the real property more particularly described in the attached legal
description and shown in the attached map of the mitigation site based on a survey
performed by a registered professional land surveyor; the legal description and the
map are made a part hereof. For all purposes throughout this document, that real
property will be referred to as the "Property". As of the date executed, the
Property has been designated as a mitigation site associated with U.S. Army Corps
of Engineers Section 404 Permit No. 14207; said permit relating to the planned
construction of Fayetteville's wastewater system improvements project. A copy of
the U.S. Army Corps of Engineers Section 404 Permit No. 14207 will be attached to
and recorded with this notice. The permit grants authorization to City of
Fayetteville for the placement of fill material in wetlands, to perform work in waters
of the United States and approves compensatory mitigation for the wastewater
project's environmental impacts. Any purchaser of all or any part of the Property
or any person having an interest in or proposing to acquire an interest in all or any
part of the Property, or any person proposing to develop or improve all or any part
of the Property, is hereby notified of the following development restriction affecting
the Property:
Any activity on the Property must comply with the terms and special conditions
described in U.S. Army Corps of Engineers Section 404 Permit No. 14207, or a
revision thereof. It should be noted that the Property has been designated to be
preserved,in perpetuity, as compensatory mitigation for environmental impacts to
wetlands and wildlife habitat mitigation as a result of the wastewater project, and
may not be converted to another use.
Prohibited activities on the Property may include, but are not limited to: clearing,
logging, bush hogging, mowing, spraying with herbicides, filling, leveling, draining,
dumping, construction of any structure and any other activity that would adversely
impact the targeted natural state, or use, of the Property for compensatory
mitigation, and as wildlife habitat; unless the activity is necessary to enhance
wildlife habitat or for wetland/upland buffer area enhancement. This specific deed -
restriction, however, does not prohibit or preclude the use of bush hogging;
mowing; spraying with herbicides to control invasive, non-native, and undesirable
plant species; controlled burning; selective cutting and/or spraying with herbicides
to control woody plant species within vegetational zones designated for upland
prairie, wet meadow, marsh, and/or open water habitats; hydrological control and
management; construction of structures, or any other upland/wet prairie
management tools necessary to enhance and maintain the biological integrity of the
site to meet targeted wetland compensatory mitigation goals specified within the
Wetland Compensatory Mitigation Plan submitted to, and approved by, the Little
Rock District U.S. Army Corps of Engineers by the City of Fayetteville, and as
required by Section 404 Permit No. 14207. Prior to utilizing the aforementioned
prairie management tools, or conducting other natural resource management of
wildlife enhancement activities involving alteration of the Property would require
prior approval from the Little Rock District Corps of Engineers
Prohibited activities on the Property do not include; and the targeted natural state,
or use, of the Property for compensatory mitigation, and as wildlife habitat specified
within the Wetland Compensatory Mitigation Plan submitted to, and approved by,
the Little Rock District U.S. Army Corps of Engineers by the City of Fayetteville,
and as required by Section 404 Permit No. 14207, does not prohibit or preclude, the
limited use and management of public access that is restricted to pedestrian foot -
traffic only on earthen berms that surround wetland cells, for wet prairie plant
community and wildlife observation and viewing, educational, and recreational
purposes that would be conducted in a manner to not adversely impact the targeted
natural state, or use, of the Property for compensatory mitigation, and as wildlife
habitat. Restrictions for use by the public shall prohibit access by any motorized
vehicle or bicycle; any access within wetland cells; access by dogs (even on leashes)
or other pets; tampering or adjusting water level retention structures; littering;
hunting; collection of any plant or animal specimens; or the removal or destruction
of any natural or man-made feature located at the mitigation site.
Prohibited activities on the Property do not include; and the targeted natural state,
or use, of the Property for compensatory mitigation, and as wildlife habitat specified
within the Wetland Compensatory Mitigation Plan submitted to, and approved by,
the Little Rock District U.S. Army Corps of Engineers by theCity of Fayetteville,
and as required by Section 404 Permit No. 14207, does not prohibit or preclude
access to wetland cells within the Property by parties and/or entities approved by
the City of Fayetteville and the Little Rock District U.S. Army Corps of Engineers
for the purpose of academic endeavors, wet prairie ecological research, and/or wet
prairie monitoring and management that would be conducted in a manner to not
adversely impact the targeted natural state, or use, of the Property for
compensatory mitigation, and as wildlife habitat.
EXECUTED this day of
BY:
, 2006
SUBSCRIBED AND SWORN TO BEFORE ME by • , on this
_ the day of , 2006, to certify which witness my hand and seal of office.
Notary Public in and for the State of Arkansas
My Commission expires: Printed Name of Notary:
2
•
CITY OF FAYETTEVILLE PROPERTY
EAST HALF OF SECTION 14, TOWNSHIP 16 NORTH, RANGE 3 WEST
LSD BOUNDARY, WETLANDS MITIGATION SITE DEDICATION,
STREET DEDICATIONS AND EASEMENTS
s
SCALE 1' = 300'
BASIS OF BEARINGS, CITY OF FAYETTEVILLE. MAPPING CONTROL
ARKANSAS STATE PLANE COORDINATE SYSTEM -NORTH ZONE
NAD 63 APPROXIMATE UT/LONG OF SITE IS 36103.161N. 94•1/193W
ALL MEASUREMENTS SHOWN ME ON GROUND DATUM .A 1230 MSL
FEMA defined 100 Year Flood Plain (Zones NAE) Special Flood Hazard Areas
Inundated by the 100 year Florid as delenSned Ban the FIRM Map ol
Washington Candy, Ark. and Incorporated Meas, Map A 0514300091 C
Effedee Date JULY 21, 1999
LEGEND
• .SE19w Swathe vont Cap
G rC@NIWEOpaw
* .SET SYMP..
O ram steam
• • Mule rya Reda 6R£
. FAYETTEVILLE WEST
SIDE WASTEWATER
TREATMENT PART SffE
LSD TRACT C BGUNDMY
. CRY OF FAYETTEVaLE
PROPERTY. SEC. 14:
TWP16 N,RHO31 W
.------- —PROPOSEDOROY1ES
STREET
-ARK WESTERN GAS EASEMENT BOUNDARY
EASEMENT BOUNDARY
WETIAIAS MITIGATION
SITE
•
LSD DEVELOPMENT TRACT BOUNDARY
A pinta to NatwastQuarter ol to Northeast Quarter QW seed NEI/43 a ped of to Northeast Quarter doe Northeast Owner
(NE: III of IC 1Q). pan orthe Set -meet Qerferd the Northeast Ount (SW 1144 NEt14L part of the Sda'nen1 Owned the
Northeast Owner (SE 114 ofNEI/4). a pad dtha Northeast Quarter of to Southeast Ou.sW 04E 1/4 of SE NIL the Northwest
Quarto, of the Southeast QdsRd (NW 1/4 of 8E1141 a pada the Southwest Quarter dine Southeast Quaver (SW 114 el SEN S) and
panel the Southe nl Ouena of the 60Weast Quarter (SE 1(4 dSEN S)d Section Fourteen (14). Township Stew North (Tem 16 NL
Rag 31 Wee (Rip 31 WL Washington County. Arkansas desorbed es Wrote begin at the fond steal On '.4 th man the Southeast
comer of Pie Northeast Quarter of Sedbn 14. Teri 16 N.Rnp 31 W. WasNnglon Coady. Arkansas es dear on Tyrone 14 stint pat
baste at Washington County taro Poe Recced 2000 7504351, said steel pin bring the POINT OF BEGINNING and run thence South
r sr Or West a&sWee of 640.74 feet to a sal steel p9{ Punasane 7sea sr West a distance of 2IZtg Tal to a sel steel Ph and
the terlwg da care b the rigid, saki new Awing a niece of ni feel and a Omi angle d 44.4T 31% then Blond the are dseal
carve it &dance of 571.47 lee b a se steel pee thence South 62 4758' West a distance 04990.50 feet to a eel deet pin and to
heatenp of o scone to to WI tarn, rune (bale a rafted 6E0 feet and a central ave of 60' 0909', taco stag the ere of said curve
o entenoe of 565.55 feel b a eel steel ph thence South r 34'4r West a distance d 159.17 feel to t see steel pr{ Renee North err 44'
11' Went a dleance of 70.00 feet to a set steel ped teme Nam 734' 4r East .&stace d 159.56 the the set steel pi and the
bo9bn*0 d a cone b the 03171, sail pane henry • a&ss of 739 fed ark a aural ogle of 4.86 1r 43%0x:ea along to am of sed
aro a atom al621.43 feet b a sel Neel pee{ theme Nath 39'17 SS Meta distance of 300.22 bot b a se sed pr, tence Nath
85' 53 W Westa demos of 1343.09 bet to • sec steal pin on the west the of the Southeast Ouarar ofuld Seabn 14: Nonce Haab
r 35' sr along the west Ibe al Nab Southeast Quarter and the wed We of the Net heest Quarter of sold Section 14 a &Warmof
198&53 ted le a sestet! ph{ Bence leering said west Fre of said Northeast Quarter of Section 14. Soe h 82 4717 East a &stain of
116410 Web a eel sled pit thence North r 5r 36' Era a distance of 140722 feet thence South er 47.1r East &dance of
1473.73 bol to a steel ph set on the east the of said Stdbn 14; thence South r 3r Or West along Nab east line a distance of 1725.22
ted b ger POINT OF 9EGINNING. containing 7.319210 Nelson loot of 168.026 porn, moo absc,
WETLANDS MITIGATION DEDICATION TRACT BOUNDARY
A pared Bland Deng a pan 04 the Southeast Otter of the Northeast OuWar (SE 1/4 of NE 1/4). a pane to Southwest Quarter
61 IM NatWest Omuta (SW 114 ofNE 344). a the dine Northwest Quartet doe Northeast Quwtu NW 1/4 of NE 1/4). and a
pan of the Northeast Quarter tithe Natheasl Quarter NE 1M of NE 114) of Section Fo teen(14), Township S'An. (16) North.
- Range WWII.** (31) West Washington Cowry, Arkansas. described as ldbnc commence ata found steel On the marks the
Southeast carp Of the NoumeasI Quarter of Section 14 Township 16 Nat.. Range 13 West Wast glen Candy, Manses es 'shown
en Tyrone Was° • pd busk M Washington County Land Tale Resod 206075843-51,thaw Nodh 73rOr East a distanced
112532 feet pence Noth 8r 4717 West a &Warne 01105114 ted to the POINT OF BEGINNNG and nm u¢nce South r sr 26'
West a dttana of 12e0.65 feet thence South 6T 2W Ir West a dsbme of301.23 bet Mena Nath 8r 4717 West sr distance of
100556 feet thence Nath r 5r 26' East echelons. of 140722 Mat thence South fir 47 Ir East o& tans.& 1368.00 bet tote
POINT OF BEGINNING enMenng 1,907,72 .arae bet 4350 aces. more abs.
The wends Mfgetion Site desabed above Is pandtarge Scale Oesdopenrra Tad C. Tie see is fabled loa made& Deed
Resbitter whin tots sanity on to ago b ocmcNey b coNomTy ethnic special eaetkas desafhed In to US Mny Gaps of
Engieon Seaton 404 Perna metered 14203 Subject to easements ark eghSd.way of record, II any.
55 a
rams -
PROPOSED RW 0831E -A1104
EXISTMG Gi 54th STREET
CITY OF FAYETTEVILL
REMAINDER
TRACT A
�
SEWER EASEMENT
TRACT0110OFf5AG
E54m
`xoaw'ee°
Core N he
Oeda.eloel
, N. l.y le N.
Sage 31 woo
01,1Asoaoawa'.
Cn 'WOW 0.1• unman
C4S VE.R.VM15.159.W
MC IFNGIIn12407
Gw r• 46 DrE
NT5r76e184
ZONING = RA
NW EA a NE IM
Semon 14-1631
WET
(Part
PmGaOf m1Ra
IGa m
Gr14TTE05
1X4' 1
POINTOr aanmG
TRACT 0
nJa Cense lne le Well RW Fe
44.70 ante** n East Milne
Don AoeelnSc
W�.
>a N,CSAM 11
rtIele.et AR
72701
\ \,
LAND$ IGITIGATION SITE
of Track
Ito be Dedicated) rro
\1\
EXISTING Cl 54111STREET
ZONING = RA
81'47 IYW IIfl4
97` 47 IT E. 1164.86
Sloan Ptt etn he
70 N. Cellepa, STE 11
Fayellnlm, AR
72701
581'4717 E. 26470
SW IN PI NE 114
Section 141631
SE 1NSNE I4
Sedbn 14-1631
SUES Pn. i5' Plu Env
Awn tMMee Comet
Soulless! G++ter01
NE 14 of SE 114
SetLm 14-1651
ROAD
FAYETTEVILLE WEST SIDE WASTEWATER
TREATMENT PLANT SITE
DEVELOPMENT TRACT C.
ZONING = RA
EXISTING CA. 54th STREET
sT0[27'4271
P,�eea4Wel
PLANNING AREA
(COUNTY)
ABANDON SW BEU.
SCRRTR£ EASEMENT
10--1-• S'e I. ..- r��. --
SW 1/4OISE IN
Sec 14.1611
,b1n E.awe
8
Rod Jordan
159 &qle Ave.
Fayetteville. AR
72701
14 o15W 1N
SE 1/4 d SE 1,4
Scion 14-1611
EXISTING CA 54th SHEET
111651
SSW 1/4
111511
John E Jot
8
Rebs Jc%ln
159 BIOye Ave.
faye110410,AR
12701
fir- r .r
CITY OF FAYETTEVILLE
REMAINDER
TRACT D
Sled Pin h We maa,
Swjmen Cath dM
SOULIFint Quaint el
Range 31. weal
CITY OF FAYETTEVILLE
REMAINDER
TRACTE
GENERAL VTIt ITV EASEI.R".
51. 34'47'W
N82' 44'17-
278.74
TRACT BEC
Sled PM F Cac iwWN
14
Saawri Ga X01
Seam 14.1
Re31 WUSEi IER
Rena
CIA Mneme Comas:
134917.1.9914
•
4
•
DEPARTMENT OF THE ARMY PERMIT
Permittee: City of Fayetteville
Permit No.: 14207
Issuing Office: Department of the Army
Little Rock District
PO Box 867
Little Rock, Arkansas 72203-0867
NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any.
future transferee. The term "this office" refers tothe appropriate.district or division office of the
Corps of Engineers having jurisdiction over the permitted activity or the appropriate official of
that office acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the terms and conditions specified
below.
Project Description: Construction of a wastewater treatment facility involving the
placement of fill material in 5.6 acres of wetlands and construction of an outfall structure
in Goose Creek. Improvements to approximately 1.1 miles of the adjacent Broyles Road
involving fill placement in 2.7 acres of wetlands and construction of box culverts for three
road crossings - two crossings of Goose Creek and one of Owl Creek Installation of
approximately 17.6 miles of new sewerlines involving 36 stream crossings and 15 separate
wetland crossings impacting a total of 12 6 acres of wetlands. Sewerline crossing areas in
streams and wetlands would be restored after construction._The project shall be
constructed and/or accomplished as shown on the attached drawings, sheets 1 through 7 of
7, dated March 2005.
Project Location: The treatment plant site is in the E 1/2 of section 14, T. 16 N., R. 31 W., in
Fayetteville, Washington County, Arkansas. Sewerline routes are throughout the western
side of Fayetteville, crossing several streams and wetlands within the Illinois River
watershed.
Permit Conditions:
General Conditions:
1. The time limit for completing the work authorized ends on December 31, 2008. If you find
that you need more time to complete the authorized activity, submit your request for a time
extension to this office for consideration at least one month before the above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in
conformance with the terms and conditions of this permit. You are not relieved of this
•
4
requirement if you abandon the permitted activity, although you may make a good faith transfer
to a third party in compliance with General Condition 4 below. Should you wish to cease to
maintain the authorized activity or should you desire to abandon it without a good faith transfer,
you must obtain a modification of this permit from this office, which may require restoration of
the area
3. If you discover any previously unknown historic or archeological remains while
accomplishing the activity authorized by this permit, you must immediatelynotify this office of
what you have found. We will initiate the Federal and state coordination required to determine if
the remains warrant a recovery effort or if the site is eligible for listing in the National Register of
Historic Places.
4. If you sell the property associated with this permit, you must obtain the signature of the new
owner in the space provided and forward a copy of the permit to this office to validate the
transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you must comply
with the conditions specified in the certification as special conditions to this permit. For your
convenience, a copy of the certification is attached if it contains such conditions.
6. You must allow representatives from this office to inspect the authorized activity at any time
deemed necessary to ensure that it is being or has been accomplished in accordance with the
terms and conditions of your permit.
Special Conditions:
1. After installation of sewerline crossings, you shall restore stream channels and wetland
surfaces to original contours. In wetlands, ruts or similar features from equipment must
be repaired to create a level surface to improve revegetation of the wetland area.
2. During installation of authorized stream and wetland crossings, if a cave or fracture is
encountered during excavation activities, all work shall cease and the Corps of Engineers
shall be contacted. The Corps will assess the situation, coordinate with the U.S. Fish and
Wildlife Service, and provide further consultation before work can proceed.
3. You shall install and maintain appropriate erosion control methods (silt fences, hay
bales, etc.) during construction to prevent erosion and sedimentation into streams and
wetlands. After construction, all disturbed areas and exposed slopes shall be adequately
stabilized to prevent subsequent erosion.
4. You shall ensure that all elements of the Final Wetland Compensatory Mitigation Plan,
dated January 2005, are fully implemented within the East and West Mitigation Sites
totaling 26.62 acres. The following conditions are included as part of this mitigation:
a. You shall establish 4.05 acres of wet meadow wetlands and 3.06 acres of forested
wetlands, restore and enhance 7.29 acres of existing emergent wetlands, and enhance 12.22
•
•
•
acres of existing upland prairie as buffering. This shall be accomplished through
construction of small berms and overflow weirs to form wetland cells with various
hydrological zones. -
b. You shall plant native woody and herbaceous vegetation within the constructed
mitigation sites according totheappropriate hydrological zones, as indicated in the
Mitigation Plan. The survival rate of planted species must be at least 75% by year three, -
and the overall vegetative coverage of the mitigation sites must be at least 75% by year five.
Desirable native volunteers may account for up to 25% of vegetative coverage.
c. All components of the required mitigation proposal shall be constructed prior to,
or concurrently with, the discharge of the authorized fill material.
d. Prohibited activities within the mitigation areas include, but are not limited to:
clearing, logging, bushhogging, mowing, grazing, spraying with herbicides, filling, leveling,
ditching, draining, dumping, construction of any structure, or any other activity that would
adversely impact the natural state of the area without obtaining a revision of this
Department of the Army permit. Specific activities for wildlife enhancement or any other
activities involving alteration of this mitigation tract must have prior approval from the
Corps of Engineers.
•
5. A total of five annual reports on the status of the mitigation sites shall be submitted to
the Corps of Engineers. The first report is due on December 31st after the first growing
season followingcompletion of the mitigation work, and subsequent reports shall be
submitted on or before December 31st of each year thereafter. These reports shall include
inventories of all plant species, along with their estimated relative frequency and percent
cover, and photographs showing all representative areas of the mitigation sites.
6. Corps of Engineers approval is required for completed work within the mitigation site '
to ensure that sufficient wetland and riparian mitigation is provided. If the Corps of
Engineers determines that the mitigation site does not adequately satisfy required wetland
mitigation, you shall be responsible for any corrective work determined to be necessary by
the Corps of Engineers. This corrective work may include, but is not limited to, grading
the site or manipulating. water levels to achieve necessary wetland hydrology, or replanting
the mitigation site. This responsibility shall extend for a period of five years, unless
extended by the District Engineer, beginning upon completion of the mitigation work.
7. A perpetual deed restriction, including the restrictions specified in Special Condition
No. 4 of the permit, shall be placed on the mitigation sites to guarantee preservation of the
wetlands and upland buffers. A certified copy of the Notice of Deed Restriction, as well as
a copy of this Department of the Army permit, shall be recorded with the Registrar of
Deeds for Washington County. It is your responsibility to attach to the deed restriction, a
clear map, and legal description of the mitigation sites based on a survey performed by a
registered professional land surveyor. Documentation of the deed restriction recording
shall be provided to the Corps no later that 120 days from the date of issuance of this
permit.
•
•
•
•
8. The corners of the mitigation sites shall be clearly and permanently marked in the field
for easy identification. Signs shall be placed around the boundaries of the mitigation area
no further than 200 feet apart indicating that this is a protected wetland area and that no
prohibited activities shall be conducted beyond this point. The specific wording of the
signs shall be approved by the Corps of Engineers.
•
Further Information:
•
1. Congressional Authorities: You have been authorized to undertake the activity described
above pursuant to:
•
( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S. Code 403).
(X) Section 404 of the Clean Water Act (33 U.S. Code 1344).
( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C.
1413). •
2. Limits of this authorization:
a. This permit does not obviate the need to obtain other Federal, state, or local authorizations
required by law.
b. ' This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existingor proposed Federal project.
3. Limits of Federal Liability: In issuing this permit, the Federal Government does not assume
any liability for the following:
a. Damages to the permitted project or uses thereof as a result of other permitted, or
unpermitted activities or from natural causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities
undertaken by or on behalf of the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or structures
caused by the activity authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.
e. Damage claims associated with any future modification, suspension, or revocation of this
permit. .
•
4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is
not contrary to the public interest was made in reliance on the information you provided.
5. Reevaluation of Permit Decision: This office may reevaluate its decision on this permit at any
time the circumstances warrant. Circumstances that could require a reevaluation include, but are
not limited to, the following:
a. You fail to comply with the teens and conditions of this permit.
b. The information provided by you in support of your permit application proves to have been
false, incomplete, or inaccurate (See 4 above).
c. Significant new information surfaces which this office did not consider in reaching the
original public interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension,
modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures
such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures
provide for the issuance of an administrative order requiring you to comply with the terms and '
conditions of your permit and for the initiation of legal action where appropriate. You will be
required to pay for any corrective measures ordered by this office, and if you fail to comply with
such directive, this office may in certain situations (such as those specified in 33 CFR 209.170)
accomplish the corrective measures by contract or otherwise and bill you for the cost.
6. Extensions: General Condition 1 establishes a time limit for the completion of the activity
authorized by this permit Unless there are circumstances requiring either a prompt completion
of the authorized activity or a reevaluation of the public interest decision, the Corps will
normally give favorable consideration to a request for an extension of this time limit.
Your signature below, as permittee, indicates that you accept and agree to comply with the terms
and conditions of this permit.
IL
RMITTEE)
Or
This permit becomes e ecuve when the Federal official, designated to act for the Secretary of the
Army, has signed below.
Pursuant to the direction from Colonel Wally Z Walters, District Engineer:
Chief, Regulatory Branch
1//7/rte
(DATE)
•
When the structures or work authorized by this permit are still in existence at the time the
property is transferred, the terms and conditions of this permit will continue to be binding on the
new owner(s) of the property. To validate the transfer of this permit and the associated liabilities
associated with compliance with its terms and conditions, have the transferee sign and date
below.
(TRANSFEREE) (DATE)
•
•
•
•
o
•
-91
�e���57`��®�� Acketam...",„i' ` f4
2'30
I II
ACTION NO. 14207
City of Fayetteville
Wastewater Treatment System
Washington County, Arkansas
March 2005 SHEET I OF 7
Enact
CITY OF F'AYETTEVILLE i
PROPERTY
EAST AND WEST
MITIGATION SITES
PROPOSED WESTSIDE WWTP
Mc600dmla Williams eines
tnP�p� u.A
DESIGNED
DETAILED
ELN
FAYETTEVILLE
Timm( OF FAYEf.IEYILLE.ARKANSAB
•
WESTSIDE WASTEWMER)NEAIYENT PLANT
WETLAND AREAS.
PROJECT LOCATION MAP
ACTION NO. 14207
City of Fayetteville
Wastewater Treatment System
Washington County, Arkansas
March 2005 SHEET 2 OF 7
r
(1.3.07) Clarice Pearman - Deed Restriction Page 1
•
From: Clarice Pearman
To: Jurgens, David
Date: 1.3.07 12:42 PM
Subject: Deed Restriction
David:
Do you have an original of the deed restriction form. The copy that I have with your backup does not have a signature line
for mayor. Just a space that says By:
•
(1.16.07 Clarice Pearman - Res. 01-07
From:
To:
Date:
Subject:
Attachments:
Clarice Pearman
Jurgens, David
1.16.07 4:23 PM
Res. 01-07
01-07 WSIP Deed Restriction.pdf
CC: Audit
David,
Attached is a copy of the resolution passed by City Council, January 2, 2007 regarding the WSIP deed restriction. I have
forwarded to you via interoffice mail one of two copies of the deed restriction. Please let me know if there is anything else
needed.
Thanks.
Clarice
Clarice Buffalohead-Pearman, CMC
City Clerk/Treasurer Division
113 West Mountain
Fayetteville, AR 72701
479-575-8309
cpearman@ci.fayetteville.ar.us
•
Page 1