20101035 Ver 1_401 Application_20110111

l
Stantec
Stantec Consulting Services Inc.
801 Jones Franklin Road Suite 300
Raleigh NC 27606
Tel: [phone]
Fax: [phone]
January 13, 2011
DENR - Division of Water Quality
DWQ Central Office
512 N. Salisbury St
Raleigh NC 27604
Dear Ms. Gilleski:
?x.p ?0-035
D
AN 2011
AN'ATER
QUgIM
ATER BRANCH
Enclosed please find the Pre-Construction Notification Form for the UT to Swift Creek and Higgins Greenway
Project. There are five copies of the form along with supporting documentation. The documentation attached
to the permit includes: a scanned Wake County soil survey map with and without the project area highlighted,
the acceptance letter from the EEP In-Lieu Fee Instrument for buffer impacts, an agent authorization letter, a
jurisdictional waters map for the upper portion of the study area, and the 2006 signed jurisdictional
determination for the lower portion of the project area. There are existing and proposed conditions maps
along with a drainage map for the entire project area. The existing conditions map shows the existing
greenway and the existing drainage patterns including culverts and other areas of concentrated flow. The
proposed impact map includes wetland, buffer, and stream impacts as well as the proposed drainage
associated with the greenway and naturalized stormwater wetlands (pocket wetlands). Five copies of the
restoration plan are also enclosed. The restoration plan contains a vicinity map and topographic map in
Appendix A. Design sheets along with the proposed diffuse flow plan consisting of naturalized stormwater
wetlands are included in Appendix E. DWQ stream forms can be found in Appendix F. In addition, there is a
set of construction plans and a CD with black and white copies of the existing and proposed conditions maps.
Please contact me with any questions or concerns regarding the application.
Sincerely,
STANTEC CONSULTING SERVICES INC.
; ?_ /67
Melissa Ruiz PWS
Scientist
Tel: [phone]
Fax: [phone]
[e-mail]
Attachment: Pre-Construction Notification Form and supporting documentation
Restoration Plan including design sheets
Construction Plans
Version 1.4
January 9, 2009
401 Oversight/Express Permitting PCN Submittal Checklist
® The application fee (Checks may be made out to "N.C. Division of Water Quality"
- $240.00 for 401 Water Quality Certification with minor impacts
- $570.00 for 401 Water Quality Certification with major impacts
- Express Review Fee (Amount requested on Acceptance Letter)
® Five (5) complete and collated copies of the PCN Application and supporting
documentation (instead of providing 5 copies of the full size plans you may provide two
copies of full size plans along with three copies of 11 X 17 plans)
? Stormwater Management Plan (if applicable - see PCN Form Help File Section E)
1) Please provide three (3) copies of the stormwater management plans along with all
supporting information pertaining to this project including the following:
a. Entire site development/layout plans delineating all drainage areas;
b. Design calculation sheets for all proposed BMP(s) sized for both on-site and
off-site drainage;
c. BMP supplements for each proposed BMP and Required Items Check List
(http://h2o.enr.state.nc.us/su/bmp forms.htm) along with all required
items;
d. A Notarized Operation & Maintenance Agreement for each stormwater
management facility;
e. Detailed construction drawing sheets shall include
(i) Erosion and sediment control plans;
(ii) Installation and planting schedules for the proposed BMPs;
(iii) Appropriately scaled plan views and cross sectional details of all
BMPs and associated components - inlet and outlet structures,
forebay, respective zones and pertinent elevations.
® If your project is located within a State implemented Riparian Buffer Rule Area, submit the
following along with site plans and PCN form:
1) Three (3) copies of the details for on-site diffuse flow provisions, (refer to
http://h2o.enr.state.nc.us/su/bmp_jorms.htm).
® DWQ Stream Determination Forms for streams on property and DWQ determination
letter for wetlands or streams (if applicable).
The following is the most critical of all the information that you must provide. The quality and
detail of the information will often determine the expeditiousness of the review. The following is
a checklist of the types of pertinent information required at a minimum:
Maps and Plans:
® The most recent version of the 1:24,000 USGS Topographic Map - Please cleanly draw or
delineate the site boundaries on the topographic map.
® The most recent version of the bound and published County NRCS Soil Survey Map -
(required for projects within the Neuse River Basin, Tar-Pamlico River Basin, Randleman
Lake Watershed and the Catawba River Basin, also recommended for all projects) -
Please clearly delineate the site boundaries, etc. on the map. If the delineation obscures
any of the features, it is recommended that a clean copy be provided. Copies of the
Version 1.4
January 9, 2009
current soil survey and/or soil survey map sheets can be obtained from the local NRCS
County Office (http://www.nc.nres.usda.gov/). GIS soil layers are not acceptable.
® Vicinity map - Please clearly mark the location and approximate boundaries of the property
and project on the map. Please indicate north arrow and scale. Please include applicable
road names or State Road numbers.
® The Site Plan - The most critical map to be provided is the site plan. You must provide full
sized plans. The following is the minimum list of plans that are typically needed.
® Pre-construction/Pre-existing conditions - This sheet (or sheets) must include:
• All jurisdictional and non-jurisdictional wetland, stream, water features, State regulated
buffers (delineated into Zones 1 and 2)
• Topographic contours with elevations
• Any existing structures and impervious areas
• Existing utility lines and easements
• Existing roads, culverts, and other pertinent features
• North arrow and the scale (1":50' scale is recommended).
® Proposed conditions - This sheet (or sheets) must include:
• All jurisdictional and non-jurisdictional wetland, stream, water features, State regulated
buffers (delineated into Zones 1 and 2)
• Lot layout (if a subdivision or commercial development is proposed) - lots must be
developable without further impacts to iurisdictional and non-jurisdictional wetlands,
streams, water features, and State regulated buffers. Building envelopes must be
provided when streams, wetlands, riparian buffers, or water features exist on a lot
• All built-out structures and impervious cover
• Final grading contours with elevations
• All utilities and easements (including septic fields on all lots within 100 feet of stream,
wetland, or water features - if applicable)
• Impacted areas - these should correspond with the Impact numbers listed on your PCN
form.
® Drainage Plans - Final drainage plans must include the following:
• Locations and pertinent elevations and sizes of the stormwater collection system and
drainage ways
• All inlets and outlets must also be shown with pertinent elevations (All outlets to
wetlands must be at a non-erosive velocity, generally less than 2 ft/sec during the peak
flow from the 10-Vr storm)
• Scaled stormwater BMPs must also be indicated as required by DWQ rules and policies
• In certain cases (see Section E of PCN form), final stormwater management plans must
also be provided (see Stormwater Management Plan Checklist)
® Proposed Impacts - All impacts to jurisdictional and non-jurisdictional wetland, stream,
water features, and State regulated buffers must be shown and labeled on the site plans at
a scale no smaller than 1" = 50'. All excavation, fill, flooding, stabilization, and other impacts
that will be conducted in or near jurisdictional and non-jurisdictional wetland, stream, water
features, and State regulated buffers must be indicated. Please provide cross sectional
details showing the provisions for aquatic life passage (burial of culvert 20% for culverts <_48
inches, and 1-foot for culverts > 48 inches).
Version 1.4
January 9, 2009
Wetland Impacts:
® Precise grading and final elevation contours must be provided. Existing
vegetation and any clearing must be specified.
? All subsurface utility lines must indicate the location of anti-seep collars.
Construction detail for anti-seep collars must be provided.
® Roadway or other crossings of riparian wetlands may require floodway culverts to
maintain existing hydrological conditions.
® Plans should show that the hydrology of remaining wetlands on the site will be
maintained.
Stream Impacts:
® Stream impacts must be clearly shown on the plans. The centerline as well as
the banks of the stream must be surveyed or located by GPS for the portion of
the stream to be impacted.
® The inlet and the outlet of all culverts should be aligned with the stream as
much as possible. Inlet and outlet elevations and streambed elevations should
be indicated. Any inlet or outlet protection must be shown and enumerated on
the impact map(s).
? For bottomless culverts or other spans, a vertical cross section should be
provided that shows the minimum distance from each span to each stream bank,
the stream cross section, the height of the span above the stream and the
minimum distance from the edge of each footer to each stream bank.
Additionally, please provide a signed and sealed geotechnical report of
subsurface soils at the proposed bottomless culvert location. The report must
comply with the Division of Highways - Guidelines for Drainage Studies and
Hydraulic Design, prepared by A.L. Hankins, Jr., State Hydraulics Engineer -
1999.
? Multiple culverts or sectioned box culverts typically require the use of sills, off-
setting or other means to match the cross section of the existing stream (in order
to maintain stream stability and provide aquatic life passage). A vertical cross
section of the culverts should be shown overlain with the up and downstream
stream cross section including the stream flood-prone area.
? Impacts associated with dam construction must indicate and enumerate all fill
associated with the dam footprint, spillway and any bank stream bank
stabilization. The length of stream impounded must also be indicated and
enumerated.
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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:
®Section 404 Permit El Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 14 & 27 or General Permit (GP) number: N/A
1 c. 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: UT to Swift Creek Stream Restoration - Phase I repairs & Phase II
2b. County: Wake
2c. Nearest municipality / town: Cary
2d. Subdivision name: N/A
2e. NCDOT only, T.I.P. or state
project no: N/A IAN 1 8 2011
3. Owner Information ?I?SAIM ?hR?y

3a.
Name(s) on Recorded Deed: WWWW1
Town of Cary
3b. Deed Book and Page No. see Table 8, Section 9.1 of the Mitigation Plan
3c. Responsible Party (for LLC if
applicable): Tim Bailey, Director of Engineering, Town of Cary
3d. Street address: PO Box 8005
3e. City, state, zip: Cary, NC 27513
3f. Telephone no.: 919-469-4034
3g. Fax no.: 919-460-4935
3h. Email address: [e-mail]
Page 1 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: N/A
4c. Business name
(if applicable): N/A
4d. Street address: N/A
4e. City, state, zip: N/A
4f. Telephone no.: N/A
4g. Fax no.: N/A
4h. Email address: N/A
5. Agent/Consultant Information (if applicable)
5a. Name: Melissa Ruiz
5b. Business name
(if applicable): Stantec Consulting Services, Inc.
5c. Street address: 801 Jones Franklin Rd Suite 300
5d. City, state, zip: Raleigh, NC 27606
5e. Telephone no.: 919-865-7529
5f. Fax no.: 919-851-7024
5g. Email address: [e-mail]
Page 2 of 11
PCN Form - Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
1. Property Identification
1 a. Property identification no. (tax PIN or parcel ID): See Table 8, Section 9.1 of the Mitigation Plan
Latitude: 35.778592 Longitude: -
1 b. Site coordinates (in decimal degrees): 78.795492
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: 18.6 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to UT to Swift Creek
proposed project:
2b. Water Quality Classification of nearest receiving water: WS-111 NSW
2c. River basin: Neuse
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The forested site is located in an urban watershed with industrial and residential land uses. The streams onsite are
strongly influenced by stormwater runoff from surrounding residential areas. Development within the watershed has
influenced the height of the stream hydrograph and down-cutting is evident throughout the site and has reached a
weather resistant rock in several areas. There are undercut banks and moderate to high levels of bank erosion on many
sections. There are six small wetlands located in the floodplain of the stream within the Phase 2 section of the project,
and one small wetlands in the floodplain of the Phase 1 section. Refer to Section 5 of the Mitigation Plan for additional
details.
3b. List the total estimated acreage of all existing wetlands on the property:
0.45
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
4,970
3d. Explain the purpose of the proposed project:
The restoration of the streams on the project site will achieve the following: (also see section 7.1 of Mitigation Plan)
1. Establishing an adequate floodplain;
2. Reducing bank erosion and sedimentation;
3. Improving aquatic habitat with the use of natural materials, stabilization techniques, and a riparian buffer;
4. Protecting 8.6 acres (Phase 1 & 2) of riparian buffer within the Neuse River watershed;
5. Mitigating for future off-site stream impacts within the Town of Cary;
6. Providing space for stormwater BMPs which will help improve water quality
7. Improve and expand a public greenway which is a community amenity and provides recreation opportunities.
3e. Describe the overall project in detail, including the type of equipment to be used:
See Section 7.3-7.7 of the Mitigation Plan. Equipment such as trackhoes and backhoes will be used.
Page 3 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: Wetland and stream JD for Phase I was signed ® Yes ? No ? Unknown
March 1, 2006 (see attached). Approval of the wetland and
stream JD for Phase 2 are being requested in this permit
application.
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: Stantec Consulting
Name (if known): Phase 1 - unknown. Services, Inc
Phase 2 delineated by Amber Coleman and Ryan Robot Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Phase 1
USACE: March 1, 2006, AID: 200620490
Phase 2
Wetland and stream JD for Phase 2 are being submitted with this permit application. Note that a portion of Reach 2, as
well as one wetland area (Wetland E) within the Phase 2 project boundary were delineated previously as a part of Phase
1.
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.
Corps Action ID: 200320636/200420872/200420873. Permit Issued: April 16, 2004
DWQ Project number: 04-0313. Approved May 2, 2004.
6. Future Project Plans
6a. Is this a phased project? ® Yes ? No
6b. If yes, explain.
This is the second phase of stream restoration for 2 unnamed tributaries of Swift Creek. The first phase included
restoration of 1,767 linear feet of stream just downstream of the proposed Phase 2 restoration site. Included in this permit
application is the re-design of the first phase of the project.
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 SEE ATTACHED ? Yes ? Corps
TABLE ? 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 0.06
2h. Comments: SEE ATTACHED TABLE
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 SEE ATTACHED ? PER ? Corps
TABLE ? INT ? DWQ
S2 ? P ? T ? PER ? Corps
? INT ? DWQ
S3 ? P ? T ? PER ? Corps
? INT ? DWQ
S4 ? P ? T ? PER ? Corps
? INT ? DWQ
S5 ? P ? T ? PER ? Corps
? INT ? DWQ
S6 ? P ? T ? PER ? Corps
? INT ?DWQ
3h. Total stream and tributary impacts 4246
3i. Comments: SEE ATTACHED TABLE
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 N/A N/A N/A N/A
02 ? PEI T N/A N/A N/A N/A
03 ? P ? T N/A N/A N/A N/A
04 ? P ? T N/A N/A N/A N/A
4f. Total open water impacts N/A
4g. Comments: N/A
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 N/A N/A N/A N/A N/A N/A N/A N/A
P2 N/A N/A N/A N/A N/A N/A N/A N/A
5f. Total N/A N/A N/A N/A N/A N/A N/A
5g. Comments: N/A
5h. Is a dam high hazard permit required?
? Yes ? No If yes, permit ID no:
5i. Expected pond surface area (acres): N/A
5j. Size of pond watershed (acres): N/A
5k. Method of construction: N/A
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 an impacts require mitigation, then you MUST fill out Section D of this form.
6a.
® Neuse ? Tar-Pamlico ? Other:
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
61 ®P ? T Greenway UT to Swift Creek ® Nos 26,905 40,305
B2 ®P ? T Nat. SW
wetlands UT to Swift Creek ® Nos 9,201 9,639
B3 ®P ? T Nat. SW
wetlands UT to Swift Creek ®? Nos 2,478 2,044
6h. Total buffer impacts 38,584 51,988
6i. Comments: Runoff from the greenway is treated by the naturalized stormwater wetlands. These wetlands are sized to treat
additional stormwater runoff from the surrounding urban area in order to improve water quality. See impacts map for individual
stormwater
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 restoration of the UT to Swift Creek will contribute towards improving water quality, water storage, and habitat benefits in
the nutrient-sensitive Neuse River Basin.
Wetland impacts were unavoidable as the existing wetlands are located where the newly designed channel will be
constructed. Channel location of the restored stream is constrained by the confined valley onsite and easement lines. New
wetland pockets will most likely form in the floodplain of the new channel as it is designed to allow for overbank flows during
rain events.
Most of the stream impacts are temporary as a new channel will be constructed to restore the existing channel. This channel
will have an appropriate dimension, pattern, and profile for the flow it receives. Some tributaries are shorter due to the
relocation of the main channel. Permanent stream impacts are the result of two new culverts for the greenway.
Buffer impacts are a result of the greenway that parallels the restored channels. The greenway is located as far from the
stream channel as possible while still remaining on level ground and on property owned by the Town of Cary. The greenway
was also constrained by the required radius of curvature for safety vehicles and the required approaches for the bridges
associated with the greenway. Buffer impacts are also associated with the creation of stormwater wetlands which are being
installed to treat stormwater runoff from the surrounding developed area to help improve water quality in the stream.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
E&SC measures will be adhered to. The channel will be constructed in the dry using a pump around. Additionally, the
greenway will be limited to 8 ft wide between Union and Normandy street in order to avoid extra asphalt in the buffer in this
area.
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 (buffer impacts)
® Permittee Responsible Mitigation (stream impacts due
to greenway culverts)
Page 7 of 11
PCN Form - Version 1.3 December 10, 2008 Version
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank: N/A
3b. Credits Purchased (attach receipt and letter) Type N/A Quantity N/A
3c. Comments: N/A
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: N/A linear feet
4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): 4,522 square feet
4e. Riparian wetland mitigation requested: N/A acres
4f. Non-riparian wetland mitigation requested: N/A acres
4g. Coastal (tidal) wetland mitigation requested: N/A acres
4h. Comments: N/A
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.
This project involves stream restoration and the expansion of a greenway. The stream impacts resulting from the
installation of culverts for the greenway are subtracted from the requested stream restoration credits. The mitigation plan
is attached.
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 Stormwater wetlands 2,478 3 (2 for Catawba) 7,435
Zone 2 Stormwater wetlands 2,044 1.5 3,064
6f. Total buffer mitigation required: 10,499
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).
Payment to NC EEP in-lieu fee fund.
6h. Comments: At $0.94 per square foot, the total amount paid to the in-lieu fee program would be $9,869
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
1a. 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? 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: This is a low-density project: i) Overall
built-out imperviousness is less than 24% (6%); ii) all stormwater is conveyed primarily through vegetated conveyances;
and iii) all flow from impervious areas (the greenway) drains to surface waters and drainageways via diffuse flow
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
N/A
? 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? N/A
? 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)
1 a. 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
? Yes ®No
letter.)
Comments: N/A
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): N/A
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.
N/A
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.
The project will not result in the generation of wastewater
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.
Raleigh
®
? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat? - - -
NC Natural Heritage Program Virtual Workroom '
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?
NC Wildlife Resources Commission Division of Inland Fisheries
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?
NC State Historic Preservation Office
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? 7 0-yes ? No
8b. If yes, explain how project meets FEMA requirements: Project will occur upstream of FEMA-studied floodplain area and
will not result in W.S.E. increases in the unnumbered A zone.
8c. What source(s) did you use to make the floodplain determination? FIRM
Melissa Ruiz January 6,
2011
Applicant/Agent's Printed Name Applicant/Agent's Signature
' Date
(Agent
s signature is valid only if an authorization letter from the applicant
is rovided.
Page 11 of 11
PCN Form - Version 1.3 December 10, 2008 Version
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Ecosystem
PROGRAM
January 11, 2011
Town of Cary
c/o Melissa Ruiz
Stantec Consulting Services, Inc.
801 Jones Franklin Road, Suite 300
Raleigh, NC 27606
Project: UT to Swift Creek Stream Restoration- Phase II
Expiration of Acceptance: October 11, 2011
County: Wake
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept
payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will
be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these
agencies to determine if payment to the NCEEP will be approved. You must also comply with all other state, federal or local
government permits, regulations or authorizations associated with the proposed activity including SL 2009-337• An Act to Promote
Compensatory Mitigation by Private Mitigation Banks.
This acceptance is valid for nine months from the date of this letter and is not transferable. If we have not received a copy of the
issued 404 Permit/401 Certitication/CAMA permit within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based
on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In
Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following
table.
River
Basin CU
Location Stream (feet) Wetlands (acres) Buffer I
(Sq. Ft.) Buffer II
(Sq. Ft.)
Cold Cool Warm Riparian Non-Riparian Coastal Marsh
Impact Neuse 03020201 0 0 0 0 0 0 2,478 2,044
Credits Neuse 03020201 0 0 0 0 0 0 7,434 3,066
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies require
mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional mitigation, the
applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The mitigation will be performed
in accordance with the N.C. Department of Environment and Natural Resources' Ecosystem Enhancement Program In-Lieu Fee
Instrument dated July 28, 2010.
If you have any questions or need additional information, please contact Kelly Williams at [phone].
Sincerely,
// 4tc
William D. Gilmore, PE
Director
cc: Ian McMillan, NCDWQ Wetlands/401 Unit
File
kutoru ... Enka"... Prot" Our State
A-1 MIA
RUM
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
07/08/2009 10:29 919-460-4935
CARY ENG PAGE 02/03
ENGINEFIRING DEPARTMNT
July 8, 2009
US Army Corps of Engineers
Raleigh Regulatory Field :Office
3331 Heritage Trade Drive, Suite 105.
Wake Forest, North Carolina 27587
ATTN.: Mr. Jamie Steam, Regulatory Specialist
Subject: Jurilsdictlonal Waters Permitting.
for UT Swift Creek Stream Realloratlon Phase 11
Dear Sir:
The Tom of Cary has retained Stantec Consulting Services of Raleigh, NC to provide stream
restoration services on the UT Swift .CreeklHiggins Greenway project site. This letter applies to
all project site parcels and easements as listed on the attached table. All easements are owned
by the Town of Cary. Stantec has authorization to act on our behalf and take all actions
necessary for the processing, issuance and acceptance of this permit or certification.
Thank you for your assistance. If you have any questions or need any additional information, please
contact me at (919-462.3981).
Sincerely,
Michael L. Babuin, PhD, PG
Environmental Specialist
Cc: Melissa Ruiz, Stantec Consulting Services
TOWN rJf C??1tY
316 North Academy Stmet • Cftx), VC -27513•1>0 Box $005 •Caey, NC 27512-8005
te1919-469-4030.• fax [phone] www.tDwnofco.ry.org
Pin Number, Deed Book, and Paqe Number Information
Parcel:Owner Pin Number Deed Book Page Numbers
Town of Ca 0763072902 03298 0785
Town of Ca 0763085505 03117 0918
Town of Ca 0763088273 12811 1727
Town of Ca 0763070365 03186 0258
Town of Ca 0753979036 02837 0017
Town of Ca 0763060640 02983 0009
Town of Ca 0753968692 12197 0331

Parcel Owner'-
n.. Pin Number Deed Book ..:
: -
.= easement Page Numbers 4
K
°:- easement
TOW, Inc 0763089429 012692 01260-01264
George, Silas & Joni 0763073623 012634 02642-02646
Miller, Elmer & Mabel 0763073722 012606 00549-00553
G on os, Dale & Bruce 0763073870 012606 00544-00548
McClain, Jackson & Margaret 0763074931 012606 00554-00558
Peterson, Joan & Jason 0763074999 012606 00534-00538
Cooper, Thomas & Rebecca 0763085087 012606 00529-00533
Barr, Mark & Jean 0763086199 012606 00539-00543
Thomas, Donald & Sharon 0763185130 05710 00732-00733
Bellet, Cristina & Richard 0763175924 013201 01980
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200620490 County: Wake U.S.G.S. Quad: Cary
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent: Town of Cary
Attn: Mike Babuin G F r,
Address: PO Box 8005
Cary, NC 27512
Telephone No.: 919-462-3931
Size and location of property (waterbody, road name/number, town, etc.) The property is located north side of
SW Maynard Road, near Cary in Wake County NC
Indicate Which of the Following Apply:
Based on preliminary information, there may be Wetlands and Streams on the above described property. We
strongly suggest you have this property inspected to determine the extent of Department of the Army (DA)
jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps.
X There are Wetlands and Streams on the above described property subject to the permit requirements of Section
404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
We strongly suggest you have the Wetlands and Streams on your property delineated. Due to the size of
your property and/or our present workload, the Corps may not be able to accomplish this wetland
delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be
considered final, any delineation must be verified by the Corps.
The Wetlands and Streams on your property have been delineated and the delineation has been verified by
the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should
be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all
areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our
published regulations, may be relied upon for a period not to exceed five years.
X The Wetlands and Streams have been delineated and surveyed and are accurately depicted on the plat
signed by the Corps Regulatory Official identified below on March 1, 2006. Unless there is a change in the
law or our published regulations, this determination may be relied upon for a period not to exceed five
years from the date of this notification.
There are no waters of the U.S., to include wetlands, present on the above described property which are subject
to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in
the law or our published regulations, this determination may be relied upon for a period not to exceed five years
from the date of this notification.
The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area
Management Act (CAMA). You should contact the Division of Coastal Management in
Washington, NC, at [phone] to determine their requirements.
Remarks: p
Corps Regulatory Official: Monte Matthews-
Date March 1, 2006 Expiration Date March 1, 2011
Page 1 of 2
Action Id. 200620490
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army
permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any
questions regarding this determination and/or the Corps regulatory program, please contact Monte Matthews at
919-876-8441 x30.
Basis For Determination: Areas on this site exhibit wetland criteria as described in the 1987 Corps Wetland
Delineation Manual and are adjacent to UT of Swift Creek. The property also contains stream channels that
exhibit an Ordinary High Water Mark as indicated by changes in soil character and absence or terrestrial
vegetation and are hydrologically connected to Swift Creek in the Neuse River Basin.
Appeals Information: (This information applies only to approved jurisdictional determinations as indicated
above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object
to this determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331.
Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you
request to appeal this determination you must submit a completed RFA form to the South Atlantic Division,
Division Office at the Following address:
Mr. Michael F. Bell, Administrative Appeal Review Officer
CESAD-ET-CO-R
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the
criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of
the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by May 1,
2006.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.**
Corps Regulatory Official (Initial): Iy y" `
FOR OFFICE USE ONLY:
• A plat or sketch of the property and the wetland data form must be attached to the file copy of this form.
• A copy of the "Notification Of Administrative Appeal Options And Process And Request For Appeal"
form must be transmitted with the property owner/agent copy of this form
• If the property contains isolated wetlands/waters, please indicate in "Remarks" section and attach the
"Isolated Determination Information Sheet" to the file copy of this form.
CF: Stantec Consulting Services
Attn: Brad Fairley .
801 Jones Franklin Road, Suite 300
Raleigh, NC27606
.3 ?.'[ .-?.e ne ? ? sue"' lity F'?X. _Y.fi' - Z'1° R{' ?'iL ?V.-.'lf.?' •?"v'° X. , _fyR?+?" `VY } t«"?FP.w k.+»vrrw. .???;? .scr y
4N? v; 'A
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rNUZiFICIUN OI~AD7\I1?15TiTT \PI'f;:1t. (iE' I (()\TS \
PRU(_ L5S _?D
I? -QUE D JO APPEAL

Applicant: Town of Cary File Number: 200620490 Date: March 1, 2006
Attn: Mike Babuin
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of A
permission)
PROFFERED PERMIT Standard Permit or Letter of permission) B
PERMIT DENIAL C
X APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I The, following' identifies your itg is and options regarding any admuustrative appeal of`the above ::.
decision. Additional information maybe found' at http://w.ww usace army rtiil/inet/functions/cw/cecwo/reg or : .
;.
Co_ .sre lationa. at 33 CFR Part 331''. , . :.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section R of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer
within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
SECTION IL= RE UEST.FOR APPEAL or OBJECTIONS TO`AN' INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
POINT' OF (. ONTACTFO'UESTfONS`OR INF ORIVlATION,
If you have questions regarding this decision If you only have questions regarding the appeal process you
and/or the appeal process you may contact: may also contact:
Monte Matthews Mr. Michael F. Bell, Administrative Appeal Review
6508 Falls of the Neuse Road Officer
Suite 120 CESAD-ET-CO-R
Raleigh, NC 27614 U.S. Army Corps of Engineers, South Atlantic Division
919-876-8441 x30 60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
'RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
government consultants, to conduct investigations of the project site during the course of the appeal process. You
will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site
investigations.
Date: Telephone number:
Signature of appellant or agent.
ll1 VIS10A ENGINEER:
Commander
U.S. Army Engineer Division, South Atlantic
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-3490
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