20100035 Ver 1_401 Application_20100110

?MCTQM&CREED
To: NC DWQ, 404/Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
ATTENTION:
WE ARE SENDING: ® Originals
? Specifications
LETTER OF TRANSMITTAL
Date: January 12, 2010
PROJECT NO: 05658-0002
PHASE NO: 4B/****
RE: RTP Pedestrian Trail System Phases 14-16
TRANSMITTAL NO: PAGE 1 OF 1
? Prints ? Shop Drawings ? Samples
? Calculations ? Other -
Quantity Drawing No. Rev. Description Status
5 PCN Application H.
2 Full Size Plans - 2406 H.
3
i 77.1
11 x 17 Plan Size

H.
1 Check for $240.00'
'AN H.
DENR - W,',FF QUALIT Y

Issue Status Code: A. Preliminary B. Fabrication Only C. For Information D. Bid
E. Construction F. For Review & Comments G. For Approval H. See Remarks
Action Status Code: 1. No Exceptions Taken 2. Make Corrections Noted 3. Other
4. Amend & Resubmit 5. Rejected - See Remarks
REMARKS: Please find the above enclosed documents on behalf of Dale Hyatt. Feel free to call with any
questions. Thank you!
1730 Varsity Drive Suite 500, Raleigh, NC 27606 919/233-8091 Fax [phone]
cc:
McKIM & CREED, PA
.
Signed
10
Nicole G. Pennington
S: \ 5658 - Greenway\ 0002 \ 10-Comm\ 19-Transmittal Letters \ NCDWQ Transmi t tal. d oc
Updated 1-1-08
v MCKIM&CREED
v
January 12, 2010
E N G I N E E R S
S U R V E Y O R S
P L A N N E R S
5658-0002 (48)
US Army Corps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105 a N A ? 2) C 'L
Wake Forest, North Carolina 27587 DENR - NSA- 01iAUTY
'A'ETU1N.D' AND STT ." 11,TER CH
RE: Pre-Construction Notification (PCN) Form
Research Triangle Park Pedestrian Trail System Phases 14-16
Wake County, NC
To Whom it May Concern,
Attached you will find a Pre-Construction Notification (PCN) application
submitted to the NC Division of Water Quality (DWQ) for buffer authorization and
to the US Army Corps (USAGE) for notification only. Review areas for this project
were limited to a twenty-five foot corridor along the proposed pedestrian trail
alignment; areas outside of this review area were not studied for potential
jurisdictional waters.
The project involves pedestrian trail paving within the currently maintained NCDOT
right of way for Phases 14 and 16. Visual observation of these areas yielded no
wetlands; areas were maintained with mowing equipment and planted with grasses.
Phase 15 of the project does impact jurisdictional waters and riparian buffers. The
majority of this phase will be 15B which proposes converting the current
maintenance path into a dual purpose pedestrian trail and maintenance path. The
path runs along a "wetland divider berm" that separates RTP Lake W-5 and the
Venture IV B u i l d i n g adjacent wetland area. This path is currently constructed of compacted ABC, which
in the proposed condition will have a twelve (12) foot wide asphalt pedestrian trail
Suite 500 poured within the current footprint. Therefore there is no change to land cover here
1730 Varsity Drive only a change in impervious type.
Raleigh, NC 2 7 6 0 6 Sub-Phase 15C involves placing a pedestrian bridge across Kit Creek a "blue line"
and jurisdictional stream. The proposed bridge will span the entire stream with the
919.233.8091
Fax [phone]
www.mckimcreed.com
USACE
January 12, 2010
Page 2 of 2
abutments placed at the upper portion of buffer Zone 1. The asphalt pedestrian trail
will tie into the bridge therefore there is also impacts to the remaining portion of
Zone 1 and Zone 2. Construction is planned to be from outside of top of bank only,
to minimize the impact to jurisdictional waters. The bridge will impact Kit Creek as
a permanent impact because of blocking light transmission and preventing growth
along the stream banks, this permanent impact should be limited to the width of the
proposed bridge (15 feet). The buffer impacts are quantified on the enclosed PCN
Form. These areas are listed as "Allowable" according to the Neuse Buffer rules;
therefore there should be no mitigation requirement. However the final
determination for this shall be made by NC DWQ.
Please find the attached Pre-Construction Notification Form (PCN) and all
supporting documentations. If you have any questions or concerns please feel
free to contact me at 919-233-8091.
Sincerely,
7 CREED, P.A.
Z . I Dale N. HyEngineer Intern
En: PCN Form
Agent Authorization Form
Review Area Locations Map
Buffer Impact Map
Construction Plans for Phases 14, 15, and 16 (December, 2009)
Cc: NC DWQ
Brittain Mylacraine, Greenways Inc.
v? WIQM&CREED
o?ot wnrF9oG
M o ?
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification PCN Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the
Corps:
El Section 404 Permit El Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: NA or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps? ? Yes ® No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
? 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ® Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
? Yes ® No For the record only for Corps Permit:

® Yes ? No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. ? Yes ® No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ? Yes ® No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: Research Triangle Park Pedistrian Trail System Phases 14 - 16
2b. County: Wake
2c. Nearest municipality / town: Mooresville
2d. Subdivision name: RTP
2e. NCDOT only, T.I.P. or state
project no:
3. Owner Information
3a. Name(s) on Recorded Deed: Research Triangle Foundation of NC
3b. Deed Book and Page No. 01670-0239
3c. Responsible Party (for LLC if
applicable): Elizabeth Rooks, VP
3d. Street address: 12 Davis Drive, P.O. Box 12255
3e. City, state, zip: Research Triangle Park, NC, 27709
3f. Telephone no.: 919-549-8181
3g. Fax no.: 919-549-8246
3h. Email address: [e-mail]
Page I of 11
PCN Form - Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: ® Agent ? Other, specify:
4b. Name: Dale Hyatt, El
4c. Business name
(if applicable): McKim & Creed
4d. Street address: 1730 Varsity Drive, Suite 500
4e. City, state, zip: Raleigh, NC, 27606
4f. Telephone no.: 919-233-8091
4g. Fax no.: 919-233-8031
4h. Email address: [e-mail]
5. Agent/Consultant Information (if applicable)
5a. Name: Dale Hyatt, El
5b. Business name
(if applicable): McKim & Creed
5c. Street address: 1730 Varsity Drive, Suite 500
5d. City, state, zip: Raleigh, NC, 27606
5e. Telephone no.: 919-233-8091
5f. Fax no.: 919-233-8031
5g. Email address: [e-mail]
Page 2 of 11
PCN Form - Version 1.3 December 10, 2008 Version
4.. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past?
Comments: No JD has been done on this project, a field
inspection within the project area was done on December 10,
2009. The project area crosses Kit Creek a "blue line" ? Yes ® No ? Unknown
stream and obviously jurisdictional; therefore no JD will be
done as part of this project. However wetlands have
previously been delineated for the same property circa 2001
which resulted in the Corps authorizing (Action ID
#200120933) fill in wetlands, since this authorization no JD
has been done.
4b. If the Corps made the jurisdictional determination, what type
? Preliminary ? Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company:
Name (if known): Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
5. Project History
5a. Have permits or certifications been requested or obtained for ? Yes ? No ® Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project? ? Yes ® No
6b. If yes, explain.
Page 4 of 11
PCN Form - Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
? Wetlands ® Streams - tributaries ® Buffers
? Open Waters ? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Temporary T
W1 ? P ? T ? Yes ? Corps
? No ? DWQ
W2 ? P ? T ? Yes ? Corps
? No ? DWQ
W3 ? P ? T ? Yes ? Corps
? No ? DWQ
W4 ? P ? T ? Yes ? Corps
? No ? DWQ
W5 ? P ? T ? Yes ? Corps
? No ? DWQ
W6 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number - (PER) or (Corps - 404, 10 stream length
Permanent (P) or intermittent
DWQ -non-404
width
(linear
Temporary (T) (INT)? ,
other) (feet) feet)
S1 ®P ? T Crossing/Spanning Kit Creek ® PER
? INT ® Corps
? DWQ 25 12
S2 ? P ®T Construction Kit Creek ® PER
? INT ® Corps
? DWQ 25 60
S3 ? P ? T ? PER ? Corps
? INT ? DWQ
S4 ? P ? T ? PER ? Corps
? INT ? DWQ
S5 ? P ? T ? PER ? Corps
? INT ? DWQ
S6 El P F1 T F-1 PER [:1 Corps
? INT ?DWQ
3h. Total stream and tributary impacts 72 LF
3i. Comments: Bridge spans the entire stream. Permanent impacts are directly under the bridge (blocking of light) and
potential temporary impacts would be associated with construction.
Page 5 of 11
PCN Form - Version 1.3 December 10, 2008 Version
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
Open water
impact number
- Permanent (P)
or Temporary
T 4b.
Name of waterbody
(if applicable) 4c.

Type of impact 4d.

Waterbody type 4e.

Area of impact (acres)
01 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a.

Pond ID 5b.

Proposed use or purpose of 5c.
Wetland Impacts (acres) 5d.
Stream Impacts (feet) 5e.
Upland
. (acres)
number pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5E Total
5g. Comments:
5h. Is a dam high hazard permit required?
? Yes ? No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
Page 6 of 11
PCN Form - Version 1.3 December 10, 2008 Version
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a.
? Neuse ? Tar-Pamlico ® Other: Cape Fear
Project is in which protected basin? ? Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number- Reason Buffer Zone 1 impact Zone 2 impact
Permanent (P) for impact Stream name mitigation (square feet) (square feet)
or Temporary required?
T
B1 ®P ? T Crossing Kit Creek ® Nees 900 600
B2 ®P ? T Greenway RTP W5 Lake ® Nos 26,400
B3 ? P ®T Crossing Kit Creek ® Nos 4,800 3,200
6h. Total buffer impacts 32,100 3,800
6i. Comments: Buffers lie in Wake County in the Cape Fear watershed however all of Wake County has adobted the Neuse
Buffer rules therefore requiring approval. B1 impact is a bridge spanning a portion of Zone 1 and will have pavement and
abutments in Zone 1 & 2. B2 is currently an existing maintenance/access road located on the divider berm that separates
Lake W5 from a wetland area which is constructed of compacted ABC, acting as an impervious surface. This project involves
creating a asphalt greenway on top of the existing maintenance path inside of the current gravel footprint. Therefore there is
no change in buffer conditions from existing to proposed conditions. B3 is temporary impacts for construction of the trail and
bridge which will be re-vegetated post construction.
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The project involves spanning the stream and constructing the pedestrian trails in non-wetland areas.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
The stream crossing will be constructed from an area just upstream and downstream of the crossing and will be re-vegetated
post construction, machinery with long reaches will be used to prevent unneccessary impacts.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for ? Yes ® No
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps
? Mitigation bank
2c. If yes, which mitigation option will be used for :this project? ? Payment to in-lieu fee program
? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter) T Page 7 of 11
PCN Form - Version 1.3 December 10, 2008 Version
X Comments:
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ? Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? ? Yes ® No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.

Zone 6c.
Reason for impact 6d.
Total impact
(square feet)
Multiplier 6e.
Required mitigation
(square feet)
Zone 1 3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments:
Page 8 of 11
PCN Form - Version 1.3 December 10, 2008 Version
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified ® Yes ? No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
Yes No
® ?
Comments:
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? 2.6 %
2b. Does this project require a Stormwater Management Plan? ® Yes ? No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
The plan is disconnected impervious areas placed on grade to keep the existing drainage pattern in place.
® Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program
? DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project? Wake County
® Phase II
3b. Which of the following locally-implemented stormwater management programs ? NSW
? USMP
apply (check all that apply): ? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ® No
attached?
4. DWQ Stormwater Program Review
? Coastal counties

4a. Which of the following state-implemented stormwater management programs apply ? HQW
? ORW
(check all that apply):
? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? ? Yes ? No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No
5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No
Page 9 of 11
PCN Form -Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1a. Does the project involve an expenditure of public (federal/state/local) funds or the ? Yes ® No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ? Yes ? No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.) ? Yes ? No
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ? Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
NA
Page 10 of 11
PCN Form -Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ? Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes ® No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted. El Raleigh
? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ? Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? T ZYes ? No
8b. If yes, explain how project meets FEMA requirements: will be permitted under a "no-rise" certification or a Conditional
Letter of Map Revision (CLOMR)
Sc. What source(s) did you use to make the floodplain determination? Effective FIRM Panel 0736, Effective Date May 2, 2006
Dale Hyatt, EI - . '? 12/18/2009

Applicant/Agent's Printed Name Ap Ii is Signature Date
(Agent's signaturevat d only if n authorization letter from the applicant
is provided.)
Page I I of 11
PCN Form - Version 1.3 December 10, 2008 Version
AGENT AUTHORIZATION FORM
PROPERTY LEGAL DESCRIPTION:
BOOK 01670 PAGE 0239 PARCEL ID: 0736847591
STREET ADDRESS: 7133 Kit Creek Road
Research Triangle Park, NC 27709
Please print:
Property Owner: RESEARCH TRIANGLE FOUNDATION OF NC
The undersigned, registered property owners of the above noted property, do hereby authorize
Dale Hyatt, EI , of McKim & Creed, PA
(Contractor / Agent) (Name of consulting firm)
to act on my behalf and take all actions necessary for the processing, issuance and acceptance of
this permit or certification and any and all standard and special conditions attached.
Property Owner's Address (if different than property above):
12 Davis Drive, Research Triangle Park NC 27709
Telephone: [phone]
We hereby certify the above information submitted in this application is true and accurate to the
best of our knowledge.
Autho ed Signature
Elizabeth Rooks, Vice President
Name
Date:
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