HomeMy WebLinkAbout25-17 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 25-17
File Number: 2016-0654
KESSLER MOUNTAIN REGIONAL PARK:
A RESOLUTION TO APPROVE A DEED RESTRICTION COVENANT RESTRICTING
DEVELOPMENT IN CERTAIN PORTIONS OF KESSLER MOUNTAIN REGIONAL PARK AS
REQUIRED BY THE U.S. ARMY CORPS OF ENGINEERS SECTION 404 NATIONWIDE PERMIT
NUMBER 2014-00110.
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 a deed restriction
covenant restricting development in certain portions of Kessler Mountain Regional Park as required by the
U.S. Army Corps of Engineers Section 404 Nationwide Permit Number 2014-00110 and authorizes
Mayor Jordan to sign the Notice of Deed Restriction, a copy of which is attached to this Resolution.
PASSED and APPROVED on 1/3/2017
Page 1
Attest:
Printed on 114117
Sandra E. Smith,City Clerk Treasury G' •'tV -�/u
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Printed on 114117
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
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Text File
File Number: 2016-0654
Agenda Date: 1/3/2017 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: A. 26
KESSLER MOUNTAIN REGIONAL PARK:
A RESOLUTION TO APPROVE A DEED RESTRICTION COVENANT RESTRICTING
DEVELOPMENT IN CERTAIN PORTIONS OF KESSLER MOUNTAIN REGIONAL PARK AS
REQUIRED BY THE U.S. ARMY CORPS OF ENGINEERS SECTION 404 NATIONWIDE PERMIT
NUMBER 2014-00110
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 a deed
restriction covenant restricting development in certain portions of Kessler Mountain Regional Park as
required by the U.S. Army Corps of Engineers Section 404 Nationwide Permit Number 2014-00110 and
authorizes Mayor Jordan to sign the Notice of Deed Restriction, a copy of which is attached to this
Resolution.
City of Fayetteville, Arkansas Page 1 Printed on 11412017
City of Fayetteville Staff Review Form
2016-0654
Legistar File ID
1/3/2017
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
/
Alison Jumper 12/14/2016 Parks & Recreation
Parks & Recreation Department
Submitted By Submitted Date Division / Department
Action Recommendation:
Staff recommends approval of a Deed Restriction Covenant for a portion of Kessler Mountain Regional Park, as
required by the Corps of Engineers Section 404 Nationwide Permit Number 2014-00110.
Budget Impact:
2250.9255.520.5806.00 Parks Development
Account Number Fund
02002.1 Regional Park
Project Number Project Title
Budgeted Item? Yes Current Budget $ 65,724.00
Funds Obligated $ 48,706.00
Current Balance F$__ J
Does item have a cost? Yes Item Cost $ 60.00
Budget Adjustment Attached? No Budget Adjustment
Remaining Budget .t6.958.Ot
V20140710
Previous Ordinance or Resolution #
Original Contract Number: Approval Date:
Comments:
CITY OF
Tay Ile
ARKANSAS
MEETING OF JANUARY 3, 2017
TO: Mayor Lioneld Jordan
City Council
CITY COUNCIL AGENDA MEMO
THRU: Don Marr, Chief of Staff
Connie Edmonston, Parks and Recreation Director
FROM: Alison Jumper, Park Planning Superintendent
DATE: December 13, 2016
SUBJECT: Approval of a Deed Restriction Covenant for Kessler Mountain Regional
Park, as Required by the Corps of Engineers Section 404 Nationwide Permit Number
2014-00110
RECOMMENDATION:
Staff recommends approval of a Deed Restriction Covenant for a portion of Kessler Mountain
Regional Park, as Required by the Corps of Engineers Section 404 Nationwide Permit Number
2014-00110.
BACKGROUND:
Corps of Engineers Section 404 Nationwide Permit Number 2014-00110, issued for the work
associated with the development of Phase One of Kessler Mountain Regional Park, requires
approximately 5.84 acres be a restrictive covenant by which the site must be held in perpetuity
as a wetlands area.
DISCUSSION:
The attached deed restriction is part of Kessler Mountain Regional Park Phase One. It has no
impact on potential future land uses and accommodates a planned trail crossing for the Cato
Springs shared use paved trail.
BUDGET/STAFF IMPACT:
County filing fees of approximately $60 will be associated with this deed restriction and are
available in project 02002.1.
Attachments:
Notice of Deed Restriction
USACOE 404 permit 2014-00110
USACOE 404 permit 214-00110 amendment
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
NOTICE OF DEED RESTRICTION
STATE OF ARKANSAS
COUNTY OF WASHINGTON
The City of Fayetteville, Arkansas is the owner of the real estate within its corporate limits and
within Washington County, Arkansas, more particularly described as:
See Exhibit "A" attached.
For all purposes throughout this document, that real property described above and identified in
the survey attached as Exhibit "B" shall be referred to as the "Property". The Property has been
designated as a mitigation site associated with U.S. Army Corps of Engineers Section 404 Permit
No. 2014-00110 issued on April 20, 2015 and modified on June 8, 2016 as Permit No. 2014-
00110-1.
014-
001l0-1. The permit grants authorization to the City of Fayetteville, Arkansas for the placement
of dredged and fill material in waters of the United States associated with the construction of the
Kessler Mountain Regional Park.
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:
1. Future development or land -use conversion of the wetland and stream
mitigation areas, or any part thereof, for any purpose, which may interfere
with, or be detrimental to wetland and stream characteristics is prohibited.
Upon mutual agreement between the City of Fayetteville, Arkansas and the U.S. Army Corps of
Engineers, this mitigation covenant may be modified due to unforeseen circumstances.
I have hereunto set my hand as Mayor of the City of Fayettev'4e, Arkansas on this the day
of January, 2017. ,'fj ,_-�
AN, Mayor
Attest:
y�rsti�t��rrrr��
SONDRA E. SMITH, City Clerk •' �'�I.�*•;�.
'FAME •
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ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF WASHINGTON
On this day before me, a Notary Public, duly commissioned, qualified and acting within
and for the County and State aforesaid, personally appeared the within named Mayor Lioneld
Jordan and City Clerk Sondra Smith, to me well known, who acknowledged themselves to have
authority to execute the foregoing instrument for the City of Fayetteville, Arkansas.
In WITNESS WHEREOF, I hereunto set my hand and official seal on this day of
January, 2017.
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pTAyj��' Notary Public
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EXHIBIT A
MITIGATION AREA - Tract 1
Approximately 1.540 acres in the Southeast Quarter (SE '/4) of the Southwest Quarter (SW '/4) and
approximately 0.004 acres in the Southwest Quarter (SW '/4) of the Southeast Quarter (SE '/4), all in
Section Thirty (30), Township Sixteen (16) North, Range Thirty (30) West of the 5"' Principal Meridian,
Washington County, Arkansas, being more particularly described as follows:
Commencing at a found aluminum monument (stamped "P.L.S. 1532, CS 1/16 S30 R30W TI 6N") for
the Center South Sixteenth (CS 1/16) Corner of said Section Thirty (30); thence South 02°52'28" West
along a forty acre line, 778.26 feet; thence North 87°14'51" West, 611.12 feet to a set %" rebar with cap
(PS 1514) for the Point Of Beginning; thence South 50°49'27" East, 45.88 feet; thence South 38'15'04"
East, 72.08 feet; thence South 65°48'12" East, 96.25 feet; thence North 18°33'02" East, 37.61 feet;
thence North 85°08'47" East, 66.56 feet; thence South 8718'07" East, 126. 10 feet; thence South
69°38'39" East, 115.78 feet; thence South 86°55'19" East, 105.53 feet; thence South 73°56'06" East,
28.10 feet; thence South 16°03'54" West, 88.94 feet; thence North 75°18'12" West, 11.49 feet; thence
North 86°11'31" West, 110.84 feet; thence North 72°44'16" West, 126.26 feet; thence South 80°12'53"
West, 177.50 feet; thence North 75°29'05" West, 182.06 feet; thence North 38°49'33" West, 79.32 feet;
thence North 27°44'16" East, 117.35 feet to the Point Of Beginning, containing 1.544 acres more or less.
MITIGATION AREA - Tract 2
Part of the Southwest Quarter (SW %4) of the Southeast Quarter (SE %4) of Section Thirty (30), Township
Sixteen (16) North, Range Thirty (30) West of the 5"' Principal Meridian, Washington County,
Arkansas, being more particularly described as follows:
Commencing at a found aluminum monument (stamped "P.L.S. 1532, CS 1/16 S30 R30W T16N") for
the Center South Sixteenth (CS 1/16) Corner of said Section Thirty (30); thence South 02°52'28" West
along a forty acre line, 972.43 feet; thence South 87° 14'51 " East, 316.80 feet to a set %" rebar with cap
(PS 1514) for the Point Of Beginning; thence South 87°09'43" East, 69.96 feet; thence South 87°20'46"
East, 80.93 feet; thence South 88°26'19" East, 107.87 feet; thence South 85°36'19" East, 169.95 feet;
thence North 63°06'20" East, 166.93 feet; thence North 63°30'13" East, 169.35 feet; thence South
27°38'33" East, 110.09 feet; thence South 59°56'30" West, 135.93 feet; thence South 28°04'45" West,
98.02 feet; thence North 33°34'14" West, 28.41 feet; thence South 84°46'46" West, 94.02 feet; thence
South 65°44'28" West, 43.71 feet; thence North 70°28'04" West, 60.46 feet; thence North 89°33'28"
West, 260.37 feet; thence North 82°29'29" West, 154.72 -feet; thence North 02°50'17" East, 84.70 feet
to the Point Of Beginning, containing 1.942 acres more or less.
MITIGATION AREA - Tract 3
Approximately 0.731 acres in the Southwest Quarter (SW 1/4) of the Southeast Quarter (SE'/4) and
approximately 0.622 acres in the Southeast Quarter (SE '/4) of the Southeast Quarter (SE '/4), all in
Section Thirty (30), Township Sixteen (16) North, Range Thirty (30) West of the 5th Principal Meridian,
Washington County, Arkansas, being more particularly described as follows:
Commencing at a found aluminum monument (stamped "P.L.S. 1532, CS 1/16 S30 R30W TI 6N") for
the Center South Sixteenth (CS l/16) Corner of said Section Thirty (30); thence South 02°52'28" West
along a forty acre line, 795.04 feet; thence South 87° 14'51" East, 1064.06 feet to a set %" rebar with cap
(PS 1514) for the Point Of Beginning; thence North 62°49'02" East, 64.63 feet; thence North 61'10'11 "
East, 124.32 feet; thence North 54°47'07" East, 35.23 feet; thence North 66°06'28" East, 103.52 feet;
thence North 71°12'57" East, 26.44 feet; thence South 86°10'45" East, 133.46 feet; thence North
82°37'17" East, 30.48 feet; thence South 52'10'55" East, 147.41 feet; thence North 88°07'42" West,
189.86 feet; thence South 73°52'00" West, 103.95 feet; thence South 38°09'38" West, 61.67 feet;
thence South 82°18'07" West, 16.97 feet; thence South 18°25'53" West, 39.02 feet; thence North
85°21'47" West, 78.33 feet; thence South 63°45'10" West, 88.51 feet; thence South 59°56'30" West,
34.85 feet; thence North 27°38'33" West,108.23 feet to the Point Of Beginning, containing 1.353 acres
more or less.
MITIGATION AREA - Tract 4
Approximately 0.391 acres in the Southwest Quarter (SW '/4) of the Southeast Quarter (SE 1/4) and
approximately 0.610 acres in the Southeast Quarter (SE '/4) of the Southeast Quarter (SE '/4), all in
Section Thirty (30), Township Sixteen (l 6) North, Range Thirty (30) West of the 5'h Principal Meridian,
Washington County, Arkansas, being more particularly described as follows:
Commencing at a found aluminum monument (stamped "P.L.S. 1532, CS 1/16 S30 R30W TI 6N") for
the Center South Sixteenth (CS 1/16) Corner of said Section Thirty (30); thence South 02°52'28" West
along a forty acre line, 900.73 feet; thence South 87° 14'51 " East, 1152.40 feet to a set %" rebar with cap
(PS 1514) for the Point Of Beginning; thence North 60°25'33" East, 94.81 feet; thence South 84°57'14"
East, 78.77 feet; thence North 55°28'22" East, 49.20 feet; thence North 35°23'02" East, 68.03 feet;
thence North 72°42'42" East, 68.95 feet; thence South 84°32'19" East, 122.60 feet; thence South
71 °26'04" East, 31.49 feet to the beginning of an 8.03 feet radius curve to the right; thence along the
centerline are of said curve, 17.33 feet the chord of which bears South 15°56'16" East 14.15'; thence
South 40°53'35" West, 18.42 feet to the beginning of an 99.95 feet radius curve to the left; thence along
the centerline arc of said curve 196.95 feet the chord of which bears South 53°36'40" West 166.60 feet;
thence South 74°29'57" West, 179.47feet; thence South 57°49'54" West, 91.35feet; thence North
77°02'58" West, 27.32 feet; thence North 12°35'08" East, 11.40 feet; thence North 26°35'28" West,
93.60 feet to the Point Of Beginning, containing 1.001 acres more or less.
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Regulatory Division
DEPARTMENT OF THE ARMY
LITTLE ROCK DISTRICT, CORPS OF ENGINEERS
POST OFFICE BOX 867
LITTLE ROCK, ARKANSAS 72203-0867
www.swl.usace.army.mil
June 8, 2016
P�7c,�fVP70
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NATIONWIDE PERMIT MODIFICATION NO. 2014-00110-1
Mr. Ryan Mountain
Garver
2049 E. Joyce Blvd.
Fayetteville, Arkansas 72703
Dear Mr. Mountain:
Please refer to your letter dated May 10, 2016, on behalf of the City of Fayetteville,
concerning a proposed modification to a previously authorized mitigation area. Enclosed are
new drawings for Nationwide Permit Verification No. 2014-00110, issued on April 20, 2015,
which authorizes the construction of the Fayetteville Regional Park which includes soccer,
softball, and baseball fields, with associated walking trails. The new drawings will replace sheet
numbers 3 of 4 and 4 of 4 dated April 2015. The project is located in sections 30 and 31, T. 16
N., R. 30 W., southwest of Fayetteville, Washington County, Arkansas.
The facility shall be constructed and maintained as described in the permit. It is your
responsibility to understand and comply with the conditions of the permit and to make your
employees or agents involved in the operation continuously aware of the permit conditions. If
changes are proposed in the design or location of the facility, you are required by law to submit
revised plans to the District Engineer for approval before construction of the change is begun.
All conditions of the original permit remain in effect. It is your responsibility and extremely
important that you understand and comply with all of the conditions of the permit and that you
make any of your employees or agents involved in this operation continuously aware of the
permit conditions.
If you have any questions about this permit or any of its provisions, please contact me at
(501) 340-1373 and refer to Permit No. 2014-00110-1.
-2 -
Please submit your comments or suggestions on our Customer Service Survey:
http://cgMsmapu.usace.4nU.mil/em apex/f?p=regulatory survey. -
Sincerely,
Christopher G. Davies
Project Manager
Enclosures
cc:
Proj Mgr, Beaver Lake PO, w/cy permit
Ch, Regulatory Enf, w/cy permit
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DEPARTMENT OF THE ARMY
LITTLE ROCK DISTRICT, CORPS OF ENGINEERS
POST OFFICE BOX 867
LITTLE ROCK, ARKANSAS 72203-0867
www.swl.usace.army.mil
April 20, 2015
Regulatory Division
NATIONWIDE PERMIT NO. 2014-00110
Ms. Alison Jumper
City of Fayetteville
113 West Mountain Street
Fayetteville, Arkansas 72701
Dear Ms. Jumper:
Please refer to your leiter dated February 13, 2015, concerning Department of the Army
permit requirements pursuant to Section 404 of the Clean Water Act (33 U.S. Code 1344). You
requested authorization for the placement of dredged and fill material in waters of the United
States associated with the construction of the Fayetteville Regional Park which include soccer,
softball, and baseball fields, with associated walking trails. The project would impact 0.42 acres
of emergent wetlands and approximately 877 linear feet of unnamed intermittent streams that
flow into Cato Springs Branch. The project is located in the sections 30 and 31, T. 16 N., R. 30
W., southwest of Fayetteville, Washington County, Arkansas.
The proposed activity is authorized by Department of the Army Nationwide Permit (NWP)
No. 42 (copy enclosed), provided that the conditions therein, and the following added special
condition, are met. You should become familiar with the conditions and maintain a copy of the
permit at the worksite for ready reference. If changes are proposed in the design or location of
the facilities, you should submit revised plans to this office for approval before construction of
the change begins.
Special Condition:
1. The permittee (City of Fayetteville) shall provide on-site mitigation for the impacts to
0.42 acres of wetlands, and 877 linear feet of intermittent streams according to the
mitigation plan titled, "Mitigation Plans and Specifications, Fayetteville Regional Park
Wetland and Stream Mitigation Area", dated February 2015. Proof of mitigation shall be
submitted to the US Army Corps of Engineers, Little Rock District, Enforcement Branch,
within 60 days of completion of the project.
Please refer to NWP Condition No. 12, which stipulates that appropriate erosion and siltation
controls be used during construction and all exposed soil be permanently stabilized. Erosion
control measures must be implemented during and after construction of the proposed project to
comply with this permit condition.
9•L
In order to fully comply with the conditions of the NWP, you must submit the enclosed
compliance certification within 30 days of completion of the project. This is required pursuant to
General Condition No. 30 of the permit.
This permit action is based upon a Corps of Engineers determination that the subject work is
within the jurisdiction of the Department of the Army regulatory program. You may contact the
Little Rock District Regulatory Division if you wish to discuss your options for appealing this
determination.
The NWP determination will be valid until March 18, 2017. If NWP No. 42 is modified,
suspended, or revoked during this period, your project may not be authorized unless you have
begun or are under contract to begin the project. If work has started or the work is under
contract, you would then have twelve months to complete the work.
The authorization of this work by a NWP does not relieve you of complying with other
applicable local, state, and Federal laws, nor does it grant any property rights or exclusive
privileges.
If you have any questions about this permit or any of its provisions, please contact me at
(501) 340-1712 and refer to Permit No. 2014-00110.
Please submit your comments or suggestions on our Customer Service Survey:
httv://corpsmapu.usace.anny.mil/cm apex/f?p=re ulatory survey.
Sincerely,
Scott Kelly
Project Manager
Enclosures
cc:
Arkansas Department of Environmental Quality, Mr. Mark Hathcote, w/cy dwgs
Proj Mgr, Beaver Lake PO
Ch, Regulatory Enf,
GIS Specialist, Mr. Kyle Green, w/cy dwgs
ACTION NO.: 2014-00110
City of Fayetteville, Arkansas
Fayetteville Regional Park
Section 31, T. 16 N., R. 30 W.
April 2015 Sheet 1 of 4
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0.02 Acre - Avoided
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Indirect Impact
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Avoided
Approximate Site Boundary "
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PGARVER
ACTION NO.: 2014-00110
FAYETTEVILLE RE City of Fayetteville, Arkansas
Section 404 JD - Fayetteville Regional Park
ESRI Aerial I Section 31, T. 16 N., R. 30 W.
April 2015 Sheet 2 of 4
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Nationwide Permit No. 42
Recreational Facilities. Discharges of dredged or fill material into
non -tidal waters of the United States for the construction or
expansion of recreational facilities. Examples of recreational facilities
that may be authorized by this NWP include playing fields (e.g.,
football fields, baseball fields), basketball courts, tennis courts,
hiking trails, bike paths, golf courses, ski areas, horse paths, nature
centers, and campgrounds (excluding recreational vehicle parks).
This NWP also authorizes the construction or expansion of small
support facilities, such as maintenance and storage buildings and
stables that are directly related to the recreational activity, but it does
not authorize the construction of hotels, restaurants, racetracks,
stadiums, arenas, or similar facilities.
The discharge must not cause the loss of greater than 1/2 -
acre of non -tidal waters of the United States, including the loss of no
more than 300 linear feet of stream bed, unless for intermittent and
ephemeral stream beds the district engineer waives the 300 linear foot
limit by making a written determination concluding that the discharge
will result in minimal adverse effects. This NWP does not authorize
discharges into non -tidal wetlands adjacent to tidal waters.
Notification: The permittee must submit a pre -constriction
notification to the district engineer prior to commencing the activity.
(See general condition 31.) (Section 404)
Natiomvide Permit General Conditions:
Note: To qualifq for NWP authorization, the prospective permittee
must comply with the following general conditions, as applicable, in
addition to any regional or case -specific conditions imposed by the
division engineer or district engineer. Prospective permittees should
contact the appropriate Corps district office to determine if regional
conditions have been imposed on an NWP. Prospective permittees
should also contact the appropriate Corps district office to determine
the status of Clean Water Act Section 401 water quality certification
and/or Coastal Zone Management Act consistency for an NWP.
Every person who may wish to obtain permit authorization under one
or more NWPs, or who is currently relying on an existing or prior
permit authorization under one or more N WPs, has been and is on
notice that all of the provisions of 33 CFR §§ 330.1 through 330.6
apply to every NWP authorization. Note especially 33 CFR § 330.5
relating to the modification, suspension, or revocation of any NWP
authorization.
1. Navigation. (a) No activity may cause more than a minimal adverse
effect oil navigation.
(b) Any safety lights and signals prescribed by the U.S. Coast Guard,
through regulations or otherwise, must be installed and maintained at
the permittee's expense on authorized facilities in navigable waters of
the United States.
(c) The permittee understands and agrees that, if future operations by
the United States require the removal, relocation, or other alteration,
of the structure or work herein authorized; or if, in the opinion of the
Secretary of the Army or his authorized representative, said structure
or work shall cause unreasonable obstruction to the free navigation of
the navigable waters; the permittee will be required, upon due notice
from the Corps of Engineers, to remove, relocate, or alter the
structural work or obstructions caused thereby, without expense to
the United States. No claim shall be made against the United States
on account of any such removal or alteration.
2. Aquatic Life Movements. No activity rmay substantially disrupt the
necessary life cycle movements of those species of aquatic life
indigenous to the waterbody, including those species that normally
migrate through the area, unless the activity's primary purpose is to
impound water. All permanent and temporary crossings of
waterbodies shall be suitably culverted, bridged, or otherwise
designed and constructed to maintain low flows to sustain the
movement of those aquatic species.
3. Spawning. Activities in spawning areas during spawning
seasons must be avoided to the maximum extent practicable.
Activities that result in the physical destruction (e.g., through
excavation, fill, or downstream smothering by substantial turbidity)
of an important spawning area are not authorized.
4. Mi rg atoiy Bird Breeding Areas. Activities in waters of the United
States that serve as breeding areas for migratory birds must be
avoided to the maximum extent practicable.
5. Shellfish Beds. No activity may occur in areas of concentrated
shellfish populations, unless the activity is directly related to a
shellfish harvesting activity authorized by N WPs 4 and 48, or is a
shellfish seeding or habitat restoration activity authorized by N W P
27.
6. Suitable Material. No activity may,use unsuitable material (e.g.,
trash, debris, car bodies, asphalt, etc.). Material used for construction
or discharged must be free from toxic pollutants in toxic amounts
(see Section 307 of the Clean Water Act).
7. Water Supply Intakes. No activity may occur in the proximity of a
public water supply intake, except where the activity is for the repair
or improvement of public water supply intake structures or adjacent
bank stabilization.
8. Adverse Effects From Impoundments. If the activity creates an
impoundment of water, adverse effects to the aquatic system due to
accelerating the passage of water, and/or restricting its flow must be
minimized to the maximum extent practicable.
9. Management of Water Flows. To the maximum extent practicable,
the pre -construction course, condition, capacity, and location of open
waters must be maintained for each activity, including stream
channelization and storm water management activities, except as
provided below. The activity must be constructed to withstand
expected high flows. The activity must not restrict or impede the
passage of normal or high flows, unless the primary purpose of the
activity is to impound water or manage high flows. The activity may
alter the pre -construction course, condition, capacity, and location of
open waters if it benefits the aquatic environment (e.g., stream
restoration or relocation activities).
10. Fills Within 100 -Year Floodplains. The activity must comply
with applicable FEMA -approved state or local floodplain
management requirements.
11. Equipment. Heavy equipment working in wetlands or mudflats
must be placed on mats, or other measures must be taken to minimize
soil disturbance.
12. Soil Erosion and Sediment Controls. Appropriate soil erosion and
sediment controls must be used and maintained in effective operating
condition during construction, and all exposed soil and other fills, as
well as any work below the ordinary high water mark or high tide
line, must be permanently stabilized at the earliest practicable date.
Permittees are encouraged to perform work within waters of the
United States during periods of low -flow or no -flow.
13. Removal of Temporary Fills. Temporary fills must be removed in
their entirety and the affected areas returned to pre -construction
elevations. The affected areas must be revegetated, as appropriate.
14. Proper Maintenance. Any authorized structure or fill shall be
properly maintained, including maintenance to ensure public safety
and compliance with applicable NWP general conditions, as well as
any activity -specific conditions added by the district engineer to an
NWP authorization.
15. Single and Complete Project. The activity must be a single and
complete project. The same NWP cannot be used more than once for
the same single and complete project.
16. Wild and Scenic Rivers. No activity may occur in a component of
the National Wild and Scenic River System, or in a river officially
designated by Congress as a "study river" for possible inclusion in
the system while the river is in an official study status, unless the
appropriate Federal agency with direct management responsibility for
such river; has determined in writing that the proposed activity will
not adversely affect the Wild and Scenic River designation or study
status. Information on Wild and Scenic Rivers may be obtained from
the appropriate Federal land management agency responsible for the
designated Wild and Scenic River or study river (e.g., National Park
Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish
and Wildlife Service).
17. Tribal Rights. No activity or its operation may impair reserved
tribal rights, including, but not limited to, reserved water rights and
treaty fishing and hunting rights.
18. -Endangered Species. (a) No activity is authorized under any
NWP which is likely to directly or indirectly jeopardize the continued
existence of a threatened or endangered species or a species proposed
for such designation, as identified under the Federal Endangered
Species Act (ESA), or which will directly or indirectly destroy or
adversely modify the critical habitat of such species. No activity is
authorized under any NWP which "may affect" a listed species or
critical habitat, unless Section 7 consultation addressing the effects of
the proposed activity has been completed.
(b) Federal agencies should follow their own procedures for
complying with the requirements of the ESA. Federal permittees
must provide the district engineer with the appropriate
documentation to demonstrate compliance with those requirements.
The district engineer will review the documentation and determine
whether it is sufficient to address ESA compliance for the NWP
activity, or whether additional ESA consultation is necessary.
(c) Non-federal permittees must submit a pre -construction
notification to the district engineer if any listed species or designated
critical habitat might be affected or is in the vicinity of the project, or
if the project is located in designated critical habitat, and shall not
begin work on the activity until notified by the district engineer that
the requirements of the ESA have been satisfied and that the activity
is authorized. For activities that might affect Federally-]isted
endangered or threatened species or designated critical habitat, the
pre -construction notification must include the name(s) of the
endangered or threatened species that might be affected by the
proposed work or that utilize the designated critical habitat that might
be affected by the proposed work. The district engineer will
determine whether the proposed activity "may affect" or will have
"no effect" to listed species and designated critical habitat and will
notify the non -Federal applicant of the Corps' determination within
45 days of receipt of a complete pre -construction notification. In
cases where the non -Federal applicant has identified listed species or
critical habitat that might be affected or is in the vicinity of the
project, and has so notified the Corps, the applicant shall not begin
work until the Corps has provided notification the proposed activities
will have "no effect" on listed species or critical habitat, or until
Section 7 consultation has been completed. if the non -Federal
applicant has not heard back from the Corps within 45 days, the
applicant must still wait for notification fi•om the Corps.
(d) As a result of formal or informal consultation with the FWS or
NMFS the district engineer may add species-specific regional
endangered species conditions to the NWPs.
(e) Authorization of an activity by a NWP does not authorize the
"take" of a threatened or endangered species as defined under the
ESA. In the absence of separate authorization (e.g., an ESA Section
10 Permit, a Biological Opinion with "incidental take" provisions,
etc.) from the U.S. FWS or the NMFS, The Endangered Species Act
prohibits any person subject to the jurisdiction of the United States to
take a listed species, where "take" means to harass, hams, pursue,
hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to
engage in any such conduct. The word "harm' in the definition of
"take" means an act which actually kills or injures wildlife. Such an
act may include significant habitat modification or degradation where
it actually kills or injures wildlife by significantly impairing essential
behavioral patterns, including breeding, feeding or sheltering.
(f) Information on the location of threatened and endangered species
and their critical habitat can be obtained directly from the offices of
the U.S. FWS and NMFS or their world wide web pages at
http://www.fws.gov/orlittp://ww",.fWs.pov/ipac and
http://vNtiwv.noaa.gov/fisheries.litml respectively.
19. Migratory Birds and Bald and Golden Eagles. The permittee is
responsible for obtaining any "take" permits required under the U.S.
Fish and Wildlife Service's regulations governing compliance with
the Migratory Bird Treaty Act or the Bald and Golden Eagle
Protection Act. The permittee should contact the appropriate local
office of the U.S. Fish and Wildlife Service to determine if such
"take" permits are required for a particular activity.
20. Historic Properties. (a) Incases where the district engineer
determines that the activity may affect properties listed, or eligible for
listing, in the National Register of Historic Places, the activity is not
authorized, until the requirements of Section 106 of the National
Historic Preservation Act (NHPA) have been satisfied.
(b) Federal permittees should follow their own procedures for
complying with the requirements of Section 106 of the National
Historic Preservation Act. Federal permittees must provide the
district engineer with the appropriate documentation to demonstrate
compliance with those requirements. The district engineer will review
the documentation and determine whether it is sufficient to address
section 106 compliance for the NWP activity, or whether additional
section 106 consultation is necessary.
(c) Non-federal permittees must submit a pre -construction
notification to the district engineer if the authorized activity may have
-the potential to cause effects to any historic properties listed on,
determined to be eligible for listing on, or potentially eligible for
listing on the National Register of Historic Places, including
previously unidentified properties. For such activities, the pre -
construction notification must state which historic properties may be
affected by the proposed work or include a vicinity map indicating
the location of the historic properties or the potential for the presence
of historic properties. Assistance regarding information on the
location of or potential for the presence of historic resources can be
sought from the State Historic Preservation Officer or Tribal Historic
Preservation Officer, as appropriate, and the National Register of
Historic Places (see 33 CFR 330.4(g)). When reviewing pre -
construction notifications, district engineers will comply with the
current procedures for addressing the requirements of Section 106 of
the National Historic Preservation Act. The district engineer shall
make a reasonable and good faith effort to carry out appropriate
identification efforts, which may include background research,
consultation, oral history interviews, sample field investigation, and
field survey. Based on the information submitted and these efforts,
the district engineer shall determine whether the proposed activity
has the potential to cause an effect on the historic properties. Where
the non -Federal applicant has identified historic properties on which
the activity may have the potential to cause effects and so notified the
Corps, the non -Federal applicant shall not begin the activity until
notified by the district engineer either that the activity has no
potential to cause effects or that consultation under Section 106 of
the NHPA has been completed.
(d) The district engineer will notify the prospective permittee within
45 days of receipt of a complete pre -construction notification whether
NHPA Section 106 consultation is required. Section 106
consultation is not required when the Corps determines that the
activity does not have the potential to cause effects on historic
properties (see 36 CFR §800.3(a)). If NHPA section 106
consultation is required and will occur, the district engineer will
notify the non -Federal applicant that he or she cannot begin work
until Section 106 consultation is completed. If the non -Federal
applicant has not heard back from the Corps within 45 days, the
applicant must still wait for notification from the Corps.
(e) Prospective permittees should be aware that section 1 l Ok of the
NHPA (16 U.S.C. 470h -2(k)) prevents the Corps from granting a
permit or other assistance to an applicant who, with intent to avoid
the requirements of Section 106 of the NHPA, has intentionally
significantly adversely affected a historic property to which the
permit would relate, or having legal power to prevent it, allowed such
significant adverse effect to occur, unless the Corps, after
consultation with the Advisory Council on Historic Preservation
(ACHP), determines that circumstances justify granting such
assistance despite the adverse effect created or permitted by the
applicant. If circumstances justify granting the assistance, the Corps
is required to notify the ACHP and provide documentation specifying
the circumstances, the degree of damage to the integrity of any
historic properties affected, and proposed mitigation. This
documentation must include any views obtained from the applicant,
SHPO/THPO, appropriate Indian tribes if the undertaking occurs on
or affects historic properties on tribal lands or affects properties of
interest to those tribes, and other parties known to have a legitimate
interest in the impacts to the permitted activity on historic properties.
21. Discovery of Previously Unknown Remains and Artifacts. If you
discover any previously unknown historic, cultural or archeological
remains and artifacts while accomplishing the activity authorized by
this permit, you must immediately notify the district engineer of what
you have found, and to the maximum extent practicable, avoid
construction activities that may affect the remains and artifacts until
the required coordination has been completed. The district engineer
will initiate the Federal, Tribal and state coordination required to
determine if the items or remains warrant a recovery effort or if the
site is eligible for listing in the National Register of Historic Places.
22. Designated Critical Resource Waters. Critical resource waters
include, NOAA-nmanaged marine sanctuaries and marine monuments,
and National Estuarine Research Reserves. The district engineer may
designate, after notice and opportunity for public comment,
additional waters officially designated by a state as having particular
environmental or ecological significance, such as outstanding
national resource waters or state natural heritage sites. The district
engineer may also designate additional critical resource waters after
notice and opportunity for public comment.
(a) Discharges of dredged or 611 material into waters of the United
States are not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35,
39, 40, 42, 43, 44, 49, 50, 51, and 52 for any activity within, or
directly affecting, critical resource waters, including wetlands
adjacent to such waters.
(b) For NWPs 3. 8. 10, 13. 15. 18, 19, 22, 23, 25, 27, 28, 30, 33, 34,
36. 37, and 38. notification is required in accordance with general
condition 31, for any activity proposed in the designated critical
resource waters including wetlands adjacent to those waters. The
district engineer may authorize activities under these NWPs only
after it is determined that the impacts to the critical resource waters
will be no more than minimal.
23. Mitigation. The district engineer will consider the following
factors when detennining appropriate and practicable mitigation
necessary to ensure that adverse effects on the aquatic environment
are minimal:
(a) The activity must be designed and constructed to avoid and
nminitr ize adverse effects, both temporary and permanent, to waters of
the United States to the maximum extent practicable at the project
site (i.e., on site).
(b) Mitigation in all its forms (avoiding, minimizing, rectifying,
reducing, or compensating for resource losses) will be required to the
extent necessary to ensure that the adverse effects to the aquatic
environment are minimal.
(c) Compensatory mitigation at a minimum one-for-one ratio will be
required for all wetland losses that exceed 1/10 -acre and require pre -
construction notification, unless the district engineer determines in
writing that either some other form of mitigation would be more
environmentally appropriate or the adverse effects of the proposed
activity are minimal, and provides a project -specific waiver of this
requirement. For wetland losses of 1/10 -acre or less that require pre -
construction notification, the district engineer may determine on a
case-by-case basis that compensatory mitigation is required to ensure
that the activity results in minimal adverse effects on the aquatic
environment. Compensatory mitigation projects provided to offset
losses of aquatic resources must comply with the applicable
provisions of 33 CFR part 332.
(1) The prospective permittee is responsible for proposing an
appropriate compensatory mitigation option if compensatory
mitigation is necessary to ensure that the activity results in minimal
adverse effects on the aquatic environment.
(2) Since the likelihood of success is greater and the impacts to
potentially valuable uplands are reduced, wetland restoration should
be the first compensatory mitigation option considered.
(3) If permittee -responsible mitigation is the proposed option; the
prospective permittee is responsible for submitting a mitigation plan.
A conceptual or detailed mitigation plan may be used by the district
engineer to make the decision on the NWP verification request, but a
final mitigation plan that addresses the applicable requirements of 33
CFR 332.4(c)(2) — (14) must be approved by the district engineer
before the permittee begins work in waters of the United States,
unless the district engineer determines that prior approval of the final
mitigation plan is not practicable or not necessary to ensure timely
completion of the required compensatory mitigation (see 33 CFR
332.3(k)(3)).
(4) if mitigation bank or in -lieu fee program credits are the proposed
option, the mitigation plan only needs to address the baseline
conditions at the impact site and the number of credits to be
provided.
(5) Compensatory mitigation requirements (e.g., resource type and
amount to be provided as compensatory mitigation, site protection,
ecological performance standards, monitoring requirements) may be
addressed through conditions added to the NWP authorization.
instead of components of a compensatory mitigation plan.
(d) For losses of streams or other open waters that require pre -
construction notification, the district engineer may require
compensatory mitigation, such as stream rehabilitation, enhancement,
or preservation, to ensure that the activity results in minimal adverse
effects on the aquatic environment.
(e) Compensatory mitigation will not be used to increase the acreage
losses allowed by the acreage limits of the NWPs. For example, if an
NWP has an acreage limit of 1/2 -acre, it cannot be used to authorize
any project resulting in the loss of greater than 1/2 -acre of waters of
the United States, even if compensatory mitigation is provided that
replaces or restores some of the lost waters. However, compensatory
mitigation can and should be used, as necessary, to ensure that a
project already meeting the established acreage limits also satisfies
the minimal impact requirement associated with the NWPs.
(f) Compensatory mitigation plans for projects in or near streams or
other open waters will normally include a requirement for the
restoration or establishment, maintenance, and legal protection (e.g.,
conservation easements) of riparian areas next to open waters. In
some cases, riparian areas may be the only compensatory mitigation
required. Riparian areas should consist of native species. The width
of the required riparian area will address documented water quality or
aquatic habitat loss concerns. Normally, the riparian area will be 25
to 50 feet wide on each side of the stream, but the district engineer
may require slightly wider riparian areas to address documented
water quality or habitat loss concerns. If it is not possible to establish
a riparian area on both sides of a stream, or if the waterbody is a lake
or coastal waters, then restoring or establishing a riparian area along
a single bank or shoreline may be sufficient. Where both wetlands
and open waters exist on the project site, the district engineer will
determine the appropriate compensatory mitigation (e.g., riparian
areas and/or wetlands compensation) based on what is best for the
aquatic environment on a watershed basis. In cases where riparian
areas are determined to be the most appropriate form of
compensatory mitigation, the district engineer may waive or reduce
the requirement to provide wetland compensatory mitigation for
wetland losses.
(g) Permittees may propose the use of mitigation banks, in -lieu fee
programs, or separate permittee -responsible mitigation. For activities
resulting in the loss of marine or estuarine resources, permittee -
responsible compensatory mitigation may be environmentally
preferable if there are no mitigation banks or in -lieu fee programs in
the area that have marine or estuarine credits available for sale or
transfer to the permittee. For permittee -responsible mitigation, the
special conditions of the NWP verification must clearly indicate the
party or parties responsible for the implementation and performance
of the compensatory mitigation project, and, if required, its long-term
management.
(h) Where certain functions and services of waters of the United
States are permanently adversely affected, such as the conversion of a
forested or scrub -shrub wetland to a herbaceous wetland in a
permanently maintained utility line right-of-way, mitigation may be
required to reduce the adverse effects of the project to the minimal
level -
24. Safety of Impoundment Structures. To ensure that all
impoundment strictures are safely designed, the district engineer may
require non -Federal applicants to demonstrate that the structures
comply with established state dam safety criteria or have been
designed by qualified persons. The district engineer may also require
documentation that the design has been independently reviewed by
similarly qualified persons, and appropriate modifications made to
ensure safety.
25. Water Quality. Where States and authorized Tribes, or EPA
where applicable, have not previously certified compliance of an
NWP with CWA Section 401, individual 401 Water Quality
Certification must be obtained or waived (see 33 CFR 330.4(c)). The
district engineer or State or Tribe may require additional water
quality management measures to ensure that the authorized activity
does not result in more than minimal degradation of water quality.
26. Coastal Zone Management. In coastal states where an NWP has
not previously received a state coastal zone management consistency
concurrence, an individual state coastal zone management
consistency concurrence must be obtained, or a presumption of
concurrence must occur (see 33 CFR 330.4(d)). The district engineer
or a State may require additional measures to ensure that the
authorized activity is consistent with state coastal zone management
requirements.
27. Regional and Case -BY -Case Conditions. The activity must
comply with any regional conditions that may have been added by
the Division Engineer (see 33 CFR 330.4(e)) and with any case
specific conditions added by the Corps or by the state, Indian Tribe,
or U.S. EPA in its section 401 Water Quality Certification, or by the
state in its Coastal Zone Management Act consistency determination.
28. Use of Multiple Nationwide Permits. The use of more than one
NWP for a single and complete project is prohibited, except when the
acreage loss of waters of the United States authorized by the NWPs
does not exceed the acreage limit of the NWP with the highest
specified acreage limit. For example, if a road crossing over tidal
waters is constructed under NWP 14, with associated bank
stabilization authorized by NWP 13, the maximum acreage loss of
waters of the United States for the total project cannot exceed 1/3 -
acre.
29. Transfer of Nationwide Permit Verifications. If the pennittee sells
the property associated with a nationwide permit verification, the
permittee may transfer the nationwide permit verification to the new
owner by submitting a letter to the appropriate Corps district office to
validate the transfer. A copy of the nationwide permit verification
must be attached to the letter. and the letter must contain the
following statement and signature:
"When the structures or work authorized by this nationwide permit
are still in existence at the time the property is transferred, the terns
and conditions of this nationwide permit, including any special
conditions, will continue to be binding on the new owner(s) of the
property. To validate the transfer of this nationwide permit and the
associated liabilities associated with compliance with its terms and
conditions, have the transferee sign and date below."
(Transferee)
(Date)
30. Compliance Certification. Each pennittee who receives an NWP
verification letter from the Corps must provide a signed certification
documenting completion of the authorized activity and any required
compensatory mitigation. The success of any required permittee -
responsible mitigation, including the achievement of ecological
performance standards, will be addressed separately by the district
engineer. The Corps will provide the permittee the certification
document with the NWP verification letter. The certification
document will include:
(a) A statement that the authorized work was done in accordance with
the NWP authorization, including any general, regional, or activity -
specific conditions;
(b) A statement that the implementation of any required
compensatory mitigation was completed in accordance with the
permit conditions. If credits from a mitigation bank or in -lieu fee
program are used to satisfy the compensatory mitigation
requirements, the certification must include the documentation
required by 33 CFR 332.3(1)(3) to confirm that the permittee secured
the appropriate number and resource type of credits; and
(c) The signature of the permittee certifying the completion of the
work and mitigation.
31. Pre -Construction Notification. (a) Timing. Where required by the
terms of the NWP, the prospective pennittee must notify the district
engineer by submitting a pre -construction notification (PCN) as early
as possible. The district engineer must determine if the PCN is
complete within 30 calendar days of the date of receipt and, if the
PCN is determined to be incomplete, notify the prospective pennittee
within that 30 day period to request the additional information
necessary to make the PCN complete. The request must specify the
information needed to make the PCN complete. As a general rule,
district engineers will request additional information necessary to
make the PCN complete only once. However, if the prospective
pennittee does not provide all of the requested information, then the
district engineer will notify the prospective pennittee that the PCN is
still incomplete and the PCN review process will not commence until
all of the requested information has been received by the district
engineer. The prospective permittee shall not begin the activity until
either: -
(1) He or she is notified in writing by the district engineer that the
activity may proceed under the NWP with any special conditions
imposed by the district or division engineer; or
(2) 45 calendar days have passed from the district engineer's receipt
of the complete PCN and the prospective permittee has not received
written notice from the district or division engineer. However, if the
permittee was required to notify the Corps pursuant to general
condition 18 that listed species or critical habitat might be affected or
in the vicinity ofthe project, or to notify the Corps pursuant to
general condition 20 that the activity may have the potential to cause
effects to historic properties, the permittee cannot begin the activity
until receiving written notification from the Corps that there is "no
effect" on listed species or "no potential to cause effects' on historic
properties, or that any consultation required under Section 7 of the
Endangered Species Act (see 33 CFR 330.4(o) and/or Section 106 of
the National Historic Preservation (see 33 CFR 330,4(g)) has been
completed. Also, work cannot begin under NWPs 21, 49, or 50 until
the permittee has received written approval from the Corps. if the
proposed activity requires a written waiver to exceed specified limits
of an NWP, the permittee may not begin the activity until the district
engineer issues the waiver. If the district or division engineer notifies
the permittee in writing that an individual permit is required within
45 calendar days of receipt of a complete PCN, the permittee cannot
begin the activity until an individual permit has been obtained.
Subsequently, the permittee's right to proceed under the NWP may
be modified, suspended, or revoked only in accordance with the
procedure set forth in 33 CFR 330.5(d)(2).
(b) Contents of Pre -Construction Notification: The PCN must be in
writing and include the following information:
(1) Name, address and telephone numbers of the prospective
permittee;
(2) Location of the proposed project;
(3) A description of the proposed project; the project's purpose;
direct and indirect adverse environmental effects the project would
cause, including the anticipated amount of loss of water of the United
States expected to result from the NWP activity, in acres, linear feet,
or other appropriate unit of measure; any other NWP(s), regional
general permit(s), or individual permit(s) used or intended to be used
to authorize any part of the proposed project or any related activity.
The description should be sufficiently detailed to allow the district
engineer to determine that the adverse effects of the project will be
minimal and to determine the need for compensatory mitigation.
Sketches should be provided when necessary to show that the activity
complies with the terms of the NWP. (Sketches usually clarify the
project and when provided results in a quicker decision. Sketches
should contain sufficient detail to provide an illustrative description
of the proposed activity (e.g., a conceptual plan), but do not need to
be detailed engineering plans);
(4) The PCN must include a delineation of wetlands, other special
aquatic sites, and other waters, such as lakes and ponds, and
perennial, intermittent, and ephemeral streams, on the project site.
Wetland delineations must be prepared in accordance with the
current method required by the Corps. The permittee may ask the
Corps to delineate the special aquatic sites and other waters on the
project site, but there may be a delay if the Corps does the
delineation, especially if the project site is large or contains many
waters of the United States. Furthermore; the 45 day period will not
start until the delineation has been submitted to or completed by the
Corps, as appropriate;
(5) If the proposed activity will result in the loss of greater than 1/10 -
acre of wetlands and a PCN is required, the prospective permittee
must submit a statement describing how the mitigation requirement
will be satisfied, or explaining why the adverse effects are minimal
and why compensatory mitigation should not be required. As an
alternative, the prospective permittee may submit a conceptual or
detailed mitigation plan.
(6) If any listed species or designated critical habitat might be
affected or is in the vicinity of the project, or if the project is located
in designated critical habitat, for non -Federal applicants the PCN
must include the name(s) of those endangered or threatened species
that might be affected by the proposed work or utilize the designated
critical habitat that may be affected by the proposed work. Federal
applicants must provide documentation demonstrating compliance
with the Endangered Species Act, and
(7) For an activity that may affect a historic property listed on,
determined to be eligible for listing on, or potentially eligible for
listing on, the National Register of Historic Places, for non -Federal
applicants the PCN must state which historic property may be
affected by the proposed work or include a vicinity map indicating
the location of the historic property. Federal applicants must provide
documentation demonstrating compliance with Section 106 of the
National Historic Preservation Act.
(c) Form of Pre -Construction Notification: The standard individual
permit application form (Form ENG 4345) may be used, but the
completed application form must clearly indicate that it is a PCN and
must include all of the information required in paragraphs (b)(1)
through (7) of this general condition. A letter containing the required
information may also be used.
(d) Agency Coordination: (l) The district engineer will consider any
comments from Federal and state agencies concerning the proposed
activity's compliance with the tenns and conditions of the NWPs and
the need for mitigation to reduce the project's adverse environmental
effects to a minimal level.
(2) For all NWP activities that require pre -construction notification
and result in the loss of greater than 1/2 -acre of waters of the United
States, for NWP 21, 29, 39, 40, 42, 43, 44, 50, 51, and 52 activities
that require pre -construction notification and will result in the loss of
greater than 300 linear feet of intennittent and ephemeral stream bed,
and for all NWP 48 activities that require pre -construction
notification, the district engineer will immediately provide (e.g., via
e-mail, facsimile transmission, overnight mail, or other expeditious
manner) a copy of the complete PCN to the appropriate Federal or
state offices (U.S. FWS, state natural resource or water quality
agency, EPA, State Historic Preservation Officer (SHPO) or Tribal
Historic Preservation Office (THPO), and, if appropriate, the NMFS).
With the exception of NWP 37, these agencies will have 10 calendar
days from the date the material is transmitted to telephone or fax the
district engineer notice that they intend to provide substantive, site-
specific comments. The comments must explain why the agency
believes the adverse effects will be more than minimal. If so
contacted by an agency, the district engineer will wait an additional
15 calendar days before making a decision on the pre -construction
notification. The district engineer will fully consider agency
comments received within the specified time frame concerning the
proposed activity's compliance with the terms and conditions of the
NWPs, including the need for mitigation to ensure the net adverse
environmental effects to the aquatic environment of the proposed
activity are minimal. The district engineer will provide no response to
the resource agency, except as provided below. The district engineer
will indicate in the administrative record associated with each pre -
construction notification that the resource agencies- concerns were
considered. For NWP 37, the emergency watershed protection and
rehabilitation activity may proceed immediately in cases where there
is an unacceptable hazard to life or a significant loss of property or
economic hardship will occur. The district engineer will consider any
comments received to decide whether the NWP 37 authorization
should be modified; suspended, or revoked in accordance with the
procedures at 33 CFR 330.5.
(3) In cases of where the prospective permittee is not a Federal
agency, the district engineer will provide a response to NMFS within
30 calendar days of receipt of any Essential Fish Habitat conservation
recommendations, as required by Section 305(b)(4)(B) of the
Magnuson -Stevens Fishery Conservation and Management Act.
(4) Applicants are encouraged to provide the Corps with either
electronic files or multiple copies of pre -construction notifications to
expedite agency coordination.
District Engineer's Decision:
1. In reviewing the PCN for the proposed activity_ the district
engineer will determine whether the activity authorized by the NWP
will result in more than minimal individual or cumulative adverse
environmental effects ormay be contraryto the public interest. For
a linear project, this determination will include an evaluation of the
individual crossings to determine whether they individually satisfy
the terms and conditions of the N WP(s), as well as the cumulative
effects caused by all of the crossings authorized by NWP. If an
applicant requests a waiver of the 300 linear foot limit on impacts to
intermittent or ephemeral streams or of an otherwise applicable limit,
as provided for in NWPs 13, 21. 29. 36, 39. 40, 427 43, 44, 50, 51 or
52, the district engineer will only grant the waiver upon a written
determination that the NWP activity will result in minimal adverse
effects. When making minimal effects determinations the district
engineer will consider the direct and indirect effects caused by the
NWP activity. The district engineer will also consider site specific
factors, such as the environmental setting in the vicinity of the NWP
activity, the type of resource that will be affected by the NWP
activity, the functions provided by the aquatic resources that will be
affected by the NWP activity, the degree or magnitude to which the
aquatic resources perform those functions, the extent that aquatic
resource functions will be lost as a result of the NWP activity (e.g.,
partial or complete loss), the duration of the adverse effects
(temporary or permanent), the importance of the aquatic resource
functions to the region (e.g,, watershed or ecoregion), and mitigation
required by the district engineer. If an appropriate functional
assessment method is available and practicable to use, that
assessment method may be used by the district engineer to assist in
the minimal adverse effects determination. The district engineer may
add case -specific special conditions to the NWP authorization to
address site-specific environmental concerns.
2. If the proposed activity requires a PCN and will result in a loss of
greater than 1/10 -acre of wetlands, the prospective permittee should
submit a mitigation proposal with the PCN. Applicants may also
propose compensatory mitigation for projects with smaller impacts.
The district engineer will consider any proposed compensatory
mitigation the applicant has included in the proposal in determining
whether the net adverse environmental effects to the aquatic
environment of the proposed activity are minimal. The compensatory
mitigation proposal may be either conceptual or detailed. If the
district engineer determines that the activity complies with the terns
and conditions of the NWP and that the adverse effects on the aquatic
environment are minimal, after considering mitigation, the district
engineer will notify the permittee and include any activity -specific
conditions in the NWP verification the district engineer deems
necessary. Conditions for compensatory mitigation requirements
must comply with the appropriate provisions at 33 CFR 332.3(k).
The district engineer must approve the final mitigation plan before
the permittee commences work in waters of the United States, unless
the district engineer determines that prior approval of the final
mitigation plan is not practicable or not necessary to ensure timely
completion of the required compensatory mitigation. If the
prospective permittee elects to submit a compensatory mitigation
plan with the PCN, the district engineer will expeditiously review the
proposed compensatory mitigation plan. The district engineer must
review the proposed compensatory mitigation plan within 45
calendar days of receiving a complete PCN and determine whether
the proposed mitigation would ensure no more than minimal adverse
effects on the aquatic environment. If the net adverse effects of the
project on the aquatic environment (after consideration of the
compensatory mitigation proposal) are determined by the district
engineer to be minimal, the district engineer will provide a timely
written response to the applicant. The response will state that the
project can proceed under the terms and conditions of the NWP,
including any activity -specific conditions added to the NWP
authorization by the district engineer.
3. If the district engineer determines that the adverse effects of the
proposed work are more than minimal, then the district engineer will
notify the applicant either: (a) That the project does not qualify for
authorization under the NWP and instruct the applicant on the
procedures to seek authorization under an individual permit; (b) that
the project is authorized under the NWP subject to the applicant's
submission of a mitigation plan that would reduce the adverse effects
on the aquatic environment to the minimal level; or (c) that the
project is authorized under the NWP with specific modifications or
conditions. Where the district engineer determines that mitigation is
required to ensure no more than minimal adverse effects occur to the
aquatic environment, the activity will be authorized within the 45 -day
PCN period, with activity -specific conditions that state the mitigation
requirements. The authorization will include the necessary
conceptual or detailed mitigation or a requirement that the applicant
submit a mitigation plan that would reduce the adverse effects on the
aquatic environment to the minimal level. When mitigation is
required, no work in waters of the United States may occur until the
district engineer has approved a specific mitigation plan or has
determined that prior approval of a final mitigation plan is not
practicable or not necessary to ensure timely completion of the
required compensatory mitigation.
Further Information:
I. District Engineers have authority to determine if an activity
complies with the terms and conditions of an NWP.
2. NWPs do not obviate the need to obtain other federal, state, or
local permits, approvals, or authorizations required by law.
3. NWPs do not grant any property rights or exclusive privileges.
4. NWPs do not authorize any injury to the property or rights of
others.
5. NWPs do not authorize interference with any existing or proposed
Federal project.
ADEQ
A R K A N S A S
Department of Environmental Quality
March 16, 2012
Colonel Glen A. Masset
District Commander,
Little Rock District Corps of Engineers
P. O. Box 867
Little Rock, Arkansas 72203-0967
RE: Public Notice: Re -issuance of Nationwide Permits
Dear Colonel Masset:
The Arkansas Department of Environmental Quality ("ADEQ") has completed its review of the
above referenced public notice for re -issuance of the U.S. Army Corps of Engineers Nationwide
Permits for the State of Arkansas.
ADEQ has determined that there is a reasonable assurance that this activities covered under these
Nationwide Permits will be conducted in a manner which, according to the Arkansas Pollution
Control and Ecology Commission's Regulation No.2, will not physically alter a significant
segment of the waterbody and will not violate the water quality criteria.
Therefore, pursuant to §401(a)(1) of the Clean Water Act., the ADEQ hereby issues water quality
certification for this project contingent upon the following conditions:
1) Individual Water Quality Certification requests must be submitted to ADEQ for any
activity impacting Extraordinary Resource Waters, Ecologically Sensitive Waters, and
Natural and Scenic Waters as identified in Regulation No.2.
2) Applicant shall contact ADEQ for a Short Term Activity Authorization needs
determination for activities that have the potential to violate water quality criteria.
3) Applicant shall comply with NPDES Stormwater Program requirements.
Sin. crely.
#w&v
Steve Drown
Chief, Water Division
cc: Elaine Edwards, Chief Regulatory Division DSACE
Rocky Presley, Branson Regulatory Field Office USACE
Wanda Boyd, Region V1, Environmental Protection Agency
ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY
5301 NORTHSHORE DRIVE / NORTH LITTLE ROCK / ARKANSAS 721 18-531 7 / TELEPHONE 501-682-0744 / FAX 501-682-0880
www.adeq_state.ar.us
PERMITTEE COMPLIANCE CERTIFICATION
PERMIT NO.: 2014-00110
PERMITTEE NAME: City of Fayetteville
DATE OF ISSUANCE: April 20, 2015
PROJECT MANAGER: Scott Kelly
NWP/S NO.: 42
Upon completion of the activity authorized by this permit and any mitigation required by
the permit, sign this certification and return it to the following address:
US Army Corps of Engineers; Little Rock
ATTENTION: CESWL-RD
PO Box 867
Little Rock, Arkansas 72203-0867
Please note that your permitted activity is subject to a compliance inspection by a US Army
Corps of Engineers representative. If you fail to comply with this permit, you are subject
to permit suspension, modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been
completed in accordance with the terms and conditions of the said permit, and required
mitigation was completed in accordance with the permit conditions.
DATE WORK COMPLETED:
OF PERMITTEE
I-6-aull
DATE
Req �s i-7
Doc ID: 017291440006 Type: REL
Kind: DEED
Recorded: 02/10/2017 at 10:09:02 AM
Fee Amt: $40.00 Page 1 of 6
Washington County, AR
Kyle Sylve
iist
er Circuit Clerk
File201 / —000041
5
NOTICE OF DEED RESTRICTION
STATE OF ARKANSAS
COUNTY OF WASHINGTON
The City of Fayetteville, Arkansas is the owner of the real estate within its corporate limits and
within Washington County, Arkansas, more particularly described as:
See Exhibit "A" attached.
For all purposes throughout this document, that real property described above and identified in
the survey attached as Exhibit "B" shall be referred to as the "Property". The Property has been
designated as a mitigation site associated with U.S. Army Corps of Engineers Section 404 Permit
No. 2014-00110 issued on April 20, 2015"and modified on June 8, 2016 as Permit No. 2014-
00110-1. The permit grants authorization to the City of Fayetteville, Arkansas for the placement
of dredged and fill material in waters of the United States associated with the construction of the
Kessler Mountain Regional Park.
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:
1. Future development or land -use conversion of the wetland and stream
mitigation areas, or any part thereof, for any purpose, which may interfere
with, or be detrimental to wetland and stream characteristics is prohibited.
Upon mutual agreement between the City of Fayetteville, Arkansas and the U.S. Army Corps of
Engineers, this mitigation covenant may be modified due to unforeseen circumstances.
I have hereunto set my hand as Mayor of the City of Fayette
e, Arkansas on this the I VOt day
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ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF WASHINGTON
On this day before me, a Notary Public, duly commissioned, qualified and acting within
and for the County and State aforesaid, personally appeared the within named Mayor Lioneld
Jordan and City Clerk Sondra Smith, to me well known, who acknowledged themselves to have
authority to execute the foregoing instrument for the City of Fayetteville, Arkansas.
In WITNESS WHEREOF, I hereunto set my hand and official seal on this day of
January, 2017.
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EXHIBIT A
MITIGATION AREA - Tract I
Approximately 1.540 acres in the Southeast Quarter (SE '/4) of the Southwest Quarter (SW '/4) and
approximately 0.004 acres in the Southwest Quarter (SW '/4) of the Southeast Quarter (SE '/4), all in
Section Thirty (30), Township Sixteen (16) North, Range Thirty (30) West of the 5"' Principal Meridian,
Washington County, Arkansas, being more particularly described as follows:
Commencing at a found aluminum monument (stamped "P.L.S. 1532, CS 1/16 S30 R30W TI 6N") for
the Center South Sixteenth (CS 1/16) Corner of said Section Thirty (30); thence South 02°52'28" West
along a forty acre line, 778.26 feet; thence North 87°14'51" West, 611.12 feet to a set %" rebar with cap
(PS 1514) for the Point Of Beginning; thence South 50°49'27" East, 45.88 feet; thence South 38° 15'04"
East, 72.08 feet; thence South 65°48'12" East, 96.25 feet; thence North 18°33'02" East, 37.61 feet;
thence North 85°08'47" East, 66.56 feet; thence South 87° 18'07" East, 126.10 feet; thence South
69°38'39" East, 115.78 feet; thence South 86°55'19" East, 105.53 feet; thence South 73°56'06" East,
28.10 feet; thence South 16°03'54" West, 88.94 feet; thence North 75°18'12" West, 11.49 feet; thence
North 86° 1 1'31 " West, 110.84 feet; thence North 72'44'16" West, 126.26 feet; thence South 80'12'53"
West, 177.50 feet; thence North 75°29'05" West, 182.06 feet; thence North 38°49'33" West, 79.32 feet;
thence North 27°44'16" East, 117.35 feet to the Point Of Beginning, containing 1.544 acres more or less.
MITIGATION AREA - Tract 2
Part of the Southwest Quarter (SW '/4) of the Southeast Quarter (SE %4) of Section Thirty (30), Township
Sixteen (16) North, Range Thirty (30) West of the 5"' Principal Meridian, Washington County,
Arkansas, being more particularly described as follows:
Commencing at a found aluminum monument (stamped "P.L.S. 1532, CS 1/16 S30 R30W TI6N") for
the Center South Sixteenth (CS 1/16) Corner of said Section Thirty (30); thence South 02°52'28" West
along a forty acre line, 972.43 feet; thence South 87° 14'51 " East, 316.80 feet to a set %" rebar with cap
(PS 1514) for the Point Of Beginning; thence South 87°09'43" East, 69.96 feet; thence South 87020'46"
East, 80.93 feet; thence South 88°26'19" East, 107.87 feet; thence South 85°36'19" East, 169.95 feet;
thence North 63°06'20" East, 166.93 feet; thence North 63'30'13" East, 169.35 feet; thence South
273833" Fast, 110.09 feet; thence South 59°56'30" West, 135.93 feet; thence South 28°04'45" West,
98.02 feet; thence North 33°34'14" West, 28.41 feet; thence South 84°46'46" West, 94.02 feet; thence
South 65°44'28" West, 43.71 feet; thence North 70°28'04" West, 60.46 feet; thence North 89°33'28"
West, 260.37 feet; thence North 82°29'29" West, 154.72 -feet; thence North 02°50'17" East, 84.70 feet
to the Point Of Beginning, containing 1.942 acres more or less.
. ti
MITIGATION AREA - Tract 3
Approximately 0.73 l acres in the Southwest Quarter (SW '/4) of the Southeast Quarter (SE '/4) and
approximately 0.622 acres in the Southeast Quarter (SE '/4) of the Southeast Quarter (SE '/4), all in
Section Thirty (30), Township Sixteen (16) North, Range Thirty (30) West of the 5'h Principal Meridian,
Washington County, Arkansas, being more particularly described as follows:
Commencing at a found aluminum monument (stamped "P.L.S. 1532, CS 1/16 S30 R30W TI 6N") for
the Center South Sixteenth (CS 1/16) Corner of said Section Thirty (30); thence South 02°52'28" West
along a forty acre line, 795.04 feet; thence South 87°14'51" East, 1064.06 feet to a set %" rebar with cap
(PS 1514) for the Point Of Beginning; thence North 62049'02" East, 64.63 feet; thence North 61' 10'11 "
East, 124.32 feet; thence North 54°47'07" East, 35.23 feet; thence North 66°06'28" East, 103.52 feet;
thence North 71'12'57" East, 26.44 feet; thence South 86° 10'45" East, 133.46 feet; thence North
82037'17" East, 30.48 feet; thence South 52° 10'55" East, 147.41 feet; thence North 88007'42" West,
189.86 feet; thence South 73°52'00" West, 103.95 feet; thence South 38°09'38" West, 61.67 feet;
thence South 82°18'07" West, 16.97 feet; thence South 18°25'53" West, 39.02 feet; thence North
85°21'47" West, 78.33 feet; thence South 63°45'10" West, 88.51 feet; thence South 59°56'30" West,
34.85 feet; thence North 27°38'33" West,108.23 feet to the Point Of Beginning, containing 1.353 acres
more or less.
MITIGATION AREA - Tract 4
Approximately 0.391 acres in the Southwest Quarter (SW '/4) of the Southeast Quarter (SE '/4) and
approximately 0.6 10 acres in the Southeast Quarter (SE '/4) of the Southeast Quarter (SE '/4), all in
Section Thirty (30); Township Sixteen (16) North, Range Thirty (30) West of the 5'11 Principal Meridian,
Washington County, Arkansas, being more particularly described as follows:
Commencing at a found aluminum monument (stamped "P.L.S.. 1532, CS 1/16 S30 R30W TI 6N") for
the Center South Sixteenth (CS 1/16) Corner of said Section Thirty (30); thence South 02°52'28" West
along a forty acre line, 900.73 feet: thence South 87°14'51" East, 1152.40 feet to a set %" rebar with cap
(PS 1514) for the Point Of Beginning; thence North 60°25'33" East, 94.81 feet; thence South 84°57'14"
East, 78.77 feet; thence North 55°28'22" East, 49.20 feet; thence North 35°23'02" East, 68.03 feet;
thence North 72042'42" East, 68.95 feet; thence South 84'32'19" East, 122.60 feet; thence South
71 °26'04" East, 31.49 feet to the beginning of an 8.03 feet radius curve to the right; thence along the
centerline arc of said curve, 17.33 feet the chord of which bears South 15056'16" East 14.15'; thence
South 40°53'35" West, 18.42 feet to the beginning of an 99.95 feet radius curve to the left; thence along
the centerline arc of said curve 196.95 feet the chord of which bears South 53°36'40" West 166.60 feet;
thence South 74°29'57" West, 179.47feet; thence South 57°49'54" West, 91.35feet; thence North
77°02'58" West, 27.32 feet; thence North 12°35'08" East, 11.40 feet; thence North 26°35'28" West,
93.60 feet to the Point Of Beginning, containing 1.001 acres more or less.
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CITY OF FAYETTEWLLE
REGIONAL PARK MITIGATION AREA
MITIGATION AREA - TRACT 1
APPROXIMATELY 1.540 ACRES IN THE SOUTHEAST QUARTER (SE Y.) OF THE SOUTHWEST
QUARTER (SW/.) AND APPROXIMATELY 0.004 ACRES IN THE SOUTHWEST QUARTER (SW Y.)
OF THE SOUTHEAST QUARTER (SE Y.), ALL IN SECTION THIRTY (30), TOWNSHIP SIXTEEN (16)
NORTH, RANGE THIRTY (30) WEST OF THE 5TH PRINCIPAL MERIDIAN, WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND ALUMINUM MONUMENT (STAMPED -P.L.S. 1532, CS 1/16 S30 R30W
T18N") FOR THE CENTER SOUTH SIXTEENTH (CS 1116) CORNER OF SAID SECTION THIRTY
(30); THENCE SOUTH 02'5228"WEST ALONG A FORTY ACRE LINE, 77626 FEET; THENCE
NORTH 87'14'51" WEST, 611.12 FEET TO A SET %- REBAR WITH CAP (PS 1514) FOR THE POINT
OF BEGINNING; THENCE SOUTH 50'49'27" EAST, 45.88 FEET: THENCE SOUTH 38'15'04' EAST,
72.08 FEET; THENCE SOUTH 65'48'12' EAST, 96.25 FEET; THENCE NORTH 18'33'02" EAST,
37.61 FEET; THENCE NORTH 85'08'47" EAST, 66.56 FEET; THENCE SOUTH 87'18'07" EAST,
126.10 FEET; THENCE SOUTH 69'38'39' EAST, 115.78 FEET; THENCE SOUTH 96'55'19" EAST,
105.53 FEET; THENCE SOUTH 73'56'06" EAST, 28.10 FEET; THENCE SOUTH 16.03'54" WEST,
88.94 FEET; THENCE NORTH 75'18'12" WEST, 11.49 FEET; THENCE NORTH 86'11'31"WEST,
110.84 FEET; THENCE NORTH 72.44'16' WEST, 126.26 FEET; THENCE SOUTH 80'12'53" WEST,
177.50 FEET; THENCE NORTH 75'29'05" WEST, 182.06 FEET; THENCE NORTH 38'4933' WEST,
79.32 FEET; THENCE NORTH 27'44'16" EAST, 117.35 FEET TO THE POINT OF BEGINNING,
CONTAINING 1.544 ACRES MORE OR LESS.
MITIGATION AREA - TRACT 2
PART OF THE SOUTHWEST QUARTER (SW Y.) OF THE SOUTHEAST QUARTER (SE Y.) OF
SECTION THIRTY (30), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST OF THE
STH PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND ALUMINUM MONUMENT (STAMPED -P.L.S. 1532, CS 1116 S30 R30W
T16N-) FOR THE CENTER SOUTH SIXTEENTH (CS 1/16) CORNER OF SAID SECTION THIRTY
(30); THENCE SOUTH 02'52'28' WEST ALONG A FORTY ACRE LINE, 972.43 FEET; THENCE
SOUTH 87'14'51' EAST, 316.80 FEET TO A SET Y." REBAR WITH CAP (PS 1514) FOR THE POINT
OF BEGINNING; THENCE SOUTH 87'09'43" EAST, 69.96 FEET; THENCE SOUTH 87.2(Y46' EAST,
80.93 FEET; THENCE SOUTH 88'26'19' EAST, 107.87 FEET; THENCE SOUTH 85'3619' EAST,
169.95 FEET; THENCE NORTH 63'06'20" EAST, 166.93 FEET; THENCE NORTH 63'30'13" EAST,
169.35 FEET; THENCE SOUTH 27'38'33" EAST, 110.09 FEET; THENCE SOUTH 59'5670" WEST.
135.93 FEET; THENCE SOUTH 28'0445' WEST. 98.02 FEET; THENCE NORTH 33'34'14" WEST,
28.41 FEET; THENCE SOUTH 84'46'46" WEST, 94.02 FEET; THENCE SOUTH 65'44'28" WEST,
43.71 FEET; THENCE NORTH 70'28'04" WEST, 60.46 FEET; THENCE NORTH 89.3328" WEST,
260.37 FEET; THENCE NORTH 82.29'29" WEST, 154.72 FEET; THENCE NORTH 02'50'17" EAST,
84.70 FEET TO THE POINT OF BEGINNING, CONTAINING 1.942 ACRES MORE OR LESS.
MITIGATION AREA - TRACT 3
APPROXIMATELY 0.731 ACRES IN THE SOUTHWEST QUARTER (SW'/.) OF THE SOUTHEAST
QUARTER (SE Y.) AND APPROXIMATELY 0.622 ACRES IN THE SOUTHEAST QUARTER (SE %) OF THE
SOUTHEAST QUARTER (SE'/.), ALL IN SECTION THIRTY (30), TOWNSHIP SIXTEEN (16) NORTH,
RANGE THIRTY (30) WEST OF THE 5TH PRINCIPAL MERIDVW, WASHINGTON COUNTY, ARKANSAS,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND ALUMINUM MONUMENT (STAMPED 'P.L.S. 1532, CS 1116 S30 R30W
T16N") FOR THE CENTER SOUTH SIXTEENTH (CS 1116) CORNER OF SAID SECTION THIRTY (30);
THENCE SOUTH 02.52'28" WEST ALONG A FORTY ACRE LINE, 795.04 FEET; THENCE SOUTH
87'14'51" EAST. 1064.06 FEET TO A,SET Y.' REBAR WITH GAP (PS 1514) FOR THE POINT OF
BEGINNING; THENCE NORTH 62'4902" EAST, 64.63 FEET; THENCE NORTH 61'10'11" EAST, 124.32
FEET; THENCE NORTH 54'47'07" EAST, 35.23 FEET; THENCE NORTH 66'06'28' EAST, 103.52 FEET;
THENCE NORTH 71'12'57" EAST, 26.44 FEET; THENCE SOUTH 86'10'45' EAST, 133.46 FEET;
THENCE NORTH 82'37'17' EAST, 30.48 FEET; THENCE SOUTH 52'1955" EAST, 147.41 FEET;
THENCE NORTH 88'07'42' WEST, 189.86 FEET; THENCE SOUTH 73'52'00' WEST, 103.95 FEET;
THENCE SOUTH 38'09'38" WEST, 61.67 FEET; THENCE SOUTH 82'16'07' WEST, 16.97 FEET;
THENCE SOUTH 18'25'53" WEST, 39.02 FEET; THENCE NORTH 85'21'4T' WEST, 78.33 FEET;
THENCE SOUTH 63'45'1 D- WEST, 88.51 FEET; THENCE SOUTH 59'5670' WEST, 34.85 FEET;
THENCE NORTH 27'38'33' WEST, 108.23 FEET TO THE POINT OF BEGINNING, CONTAINING 1.353
ACRES MORE OR LESS.
MITIGATION AREA -TRACT 4
APPROXIMATELY 0.391 ACRES IN THE SOUTHWEST QUARTER (SW Y,) OF THE SOUTHEAST
QUARTER (SE Y.) AND APPROXIMATELY 0.610 ACRES IN THE SOUTHEAST QUARTER (SE A) OF THE
SOUTHEAST QUARTER (SE Y.), ALL IN SECTION THIRTY (30), TOWNSHIP SIXTEEN (16) NORTH,
RANGE THIRTY (30) WEST OF THE 5TH PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND ALUMINUM MONUMENT (STAMPED "P.L.S. 1532, CS 1/16 S30 R30W
T16N") FOR THE CENTER SOUTH SIXTEENTH (CS 1/16) CORNER OF SAID SECTION THIRTY (30);
THENCE SOUTH 02'52'28" WEST ALONG A FORTY ACRE LINE, 900.73 FEET; THENCE SOUTH
87-14-51' EAST, 1152.40 FEET TO A SET Y." REBAR WITH CAP (PS 1514) FOR THE POINT OF
BEGINNING; THENCE NORTH 60'25'33' EAST, 94.81 FEET; THENCE SOUTH 64'5T14" EAST, 78.77
FEET; THENCE NORTH 55'28'22' EAST, 49.20 FEET; THENCE NORTH 35'23102" EAST, 68.03 FEET;
THENCE NORTH 72'4242' EAST, 68.95 FEET; THENCE SOUTH 84'32'19' EAST, 122.60 FEET;
THENCE SOUTH 71'26'04" EAST, 31.49 FEET TO THE BEGINNING OF AN 8.03 FEET RADIUS CURVE
TO THE RIGHT; THENCE ALONG THE CENTERLINE ARC OF SAID CURVE, 17.33 FEET THE CHORD
OF WHICH BEARS SOUTH 15.56'16" EAST 14.15; THENCE SOUTH 40'53'35' WEST, 18.42 FEET TO
THE BEGINNING OF AN 99.95 FEET RADIUS CURVE TO THE LEFT; THENCE ALONG THE
CENTERLINE ARC OF SAID CURVE 196.95 FEET THE CHORD OF WHICH BEARS SOUTH 53'3640"
WEST 166.60 FEET; THENCE SOUTH 74.29'57' WEST, 179.47FEET; THENCE SOUTH 57.4954" WEST,
91.35FEET; THENCE NORTH 77.02'58' WEST, 27.32 FEET; THENCE NORTH 12'35'08" EAST, 11.40
FEET; THENCE NORTH 26'3528' WEST, 93.60 FEET TO THE POINT OF BEGINNING, CONTAINING
1.001 ACRES MORE OR LESS.
VICINITY MAP
J
BeBL 14. ZOIB
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