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HomeMy WebLinkAbout20051360 Ver 3_More Info Received_20061229 COPY ~~~:~ ~ ~ 20~~ 1~ RALEIGtI REGI;;,~TOR~" FiELii ~FFIC R URS Corporation -North Carolina 1600 Perimeter Park Drive Momsville, North Carolina 27560 V 3 ~ 5 ~ 3 to b Telephone: 919.461.1100 Fax: 919.461.1415 31823400 December 13, 2006 Ms. Jean Manuele, Chief U.S. Corps of Engineers CESAW-RG-R Raleigh Regulatory Field Office 6508 Falls of the Neuse Road, Suite 120 Raleigh, North Carolina 27615 Re: Extension of Morrisville Parkway Phases Ic, II, and IIId Dear Ms. Manuele: P;,YP~EI`iT RECEIVED In accordance with Section 404 of the Clean. Water Act (33 USG 1344), the Town of Cary, Wake County, North Carolina is requesting authorization for a Department of the Army Individual Permit to disturb Waters of the United States for new roadway construction.. Please find enclosed form ENG 4345 along with supporting documentation and figures. Please call me at (919) 461-1435 if you should have any questions regarding this request. Sincerely, URS Corporation -North Carolina ,~ ~.-~~~ Charles E. Benton, PWS Senior Environmental Scientist Enclosures cc: Russ Overton, Town of Cary Mike Babuin, Town of Cary Monte Matthews, USACE-Raleigh William D. Gilmore, PE, NC EEP NC DWQ - 401/Wetlands Unit File copy ~~~_ ~~~~/ o~~ ~ ~ '~T ~N~S Ak ivAiF 7006, ~. gT~'R~~gC~)y gTFRe~Ch v3 o5-i3,tDa APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO. 0710-0003 (33 CFR 325/ Expires December 31, 2004 The Public burden for this collection of information is sestimated to average 10 hours per response, although the majority of applications should require 5 hours or bas. This includes the lima for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and compbting and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service Directorate of Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302; and to the Office of Management and Budget, Paperwork Reduction Project (0710.0003-, Washington, DC 20603. Respondents should be aware that notwithstanding any other provision of law, ra person shall be subject to any penaky for faiNng to comply with a collection of information 'rf it does not display a currently valid OMB control number. Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having jurisdiction over the location of the proposed activity. ' - PRIVACY ACT STATEMENT Authorities: Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marine Protection ,Research and Sanctuaries Act, 33 USC 1413, Section 103. Principal Purpose: Information provided on this form will be used in evaluating the application for a permit. Routine Uses: This information may be sharod with the Department of Justice and other federal, state, and local government agencies. Submission of requested information is voluntary, however, if information is not provided the permk application cannot be evaluated nor can a pemtit be issued. Ons set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample drawings and instnuctions) and be submitted to the District Engineer having plrisdictan over the location of the proposed activity. An application that is not completed in fuN wiN bs returned. -*-~ ~ ,r-y ~ T r ~ ~ ~^~ 1. APPLICATION N0. 12. FIELD OFFICE CODE 13. DA ~~RECEIV~ED ~~~ 14. DATE APPLICATION COMPLETED irrcuc acl nw Tn RF cu I Fn RY dPPI M_dNT 5. APPLICANT'S NAME RA i~'.1Cf1r~t~Fll ~'d%~ (1~ID~ND TITLE renecerKisnureaubedl Mr. Russ Overton, P.E. Mr. Charles E. Benton 6. APPLICANT'S ADDRESS 9. AGENT'S ADDRESS Town of Cary, Engineering Department URS Corporation, 1600 Perimeter Park Dr., P.O. Box 8005, Cary, NC 27512-8005 STE 400, Morrisville, NC 27560-8421 7.. APPLICANT'S PHONE NOS. W/AREA CODE 10. AGENT'S PHONE NOS. W/AREA CODE a. Residence a. Residence b. Business (919) 4 6 9- 4 0 3 6 b. Business (919) 4 61-14 3 5 11 STATEMENT OF AUTHORIZATION I hereby authorize, Charles E . Benton to,act in my behalf as my agent in the processing of this application and to tarnish, upon request, supplemental information in support of this permit application. ~I 7_31© APPLICANT'S SIGNATURE DATE NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY 12. PROJECT NAME OR TITLE fseenaYiuaions~ Morrisville Parkway Extension -Phase Ic, II; and IIId 13. NAME OF WATERBODY. IF KNOWN /i/wn~JiraMwl i 14. PROJECT STREET ADDRESS lif applimble) Hatchet Grove Tributary - Crabtree Creek 15. LOCATION OF PROJECT Wake NC PA,Yf~ENT RECEIVED COUNTY STATE 16. OTHER LOCATION DESCRIPTIONS, IF KNOWN, Iseeinsuucrionsl Project Begin: 35°48'49.35"N, 78°52'21.64"W End: 35°48'48.82"N, 78°50'53.34"W (NAD83/WGS84) 17. DIRECTIONS TO THE SITE From Raleigh, take Route 40 West to Aviation Parkway (Exit 285); continue straight onto Morrisville-Carpenter Road; turn left onto Route 55. Project site begins approximately 1/2 mile on the left (proposed NC 55/Morrisville Parkway intersection). See Figure 1: Vicinity Map (attached). EDITION OF FEB 94 IS OBSOLETE. (Proponent: CECW-OR? 18. Nature Of ACilVlly (Description of projeU, inGude all /eatures) Road construction. See attachment labeled Block 18. 19. Project Purpose (Describe the reason a purpose o1 the project, see inshuctions) The project purpose is to extend Morrisville Parkway and finish some of the missing gaps of this rcadway to provide a continuous 4-lane divided median divided roadway section from NC 55 to NC 54. The start and complete dates are 07/07 and 12/08 respectively. USE BLOCKS 20.22 IF DREDGED ANDIOR FILL MATERIAL IS TO BE DISCHARGED 20. Reason(s) for Discharge The proposed activity will require the unavoidable discharge of fill into wetlands and streams for the construction of the read embankment, bridge placement, culvert placement, and erosion control. 21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards See attachment labeled Block 21. 22. Surface Area in Acres of Wetlands or Other Waters Filled (see insvucrions) See attachments labeled Block 22, and Table 1. 23. Is Any Portion of the Work Already Complete? Yes _Slo _JEYES, DESCRIBE THE COMPLETED WORK 24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (If more than can be entered here, please attach a supplemental list). See attachment labeled Block 24. 25. List of Other Certifications or Approvals/Denials Received from other Federal, State or Local Agencies for Work Described in This Application. AGENCY TYPE APPROVAL' IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED NCDENR Permit 'Would include but is not restricted to zoning, building and flood plain permits 26. Application is hereby made for a permit or permits to authorize the work described in this app ication. I certify that the information in this application is complete and accurate. I further certify that I possess the authority io ~rt e t e work describ herein or am actin as the duly authorized agent of the applicant. 2:~~ ~~~ ~~ 5 0 ~ SIGNATURE OF APPLICANT DATE SIGNATURE OF AGENT DATE The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent if the statement in block 11 has been filled out and signed. 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or Traudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fined not more than 510,000 or imprisoned not more than five years or both. ENG FORM 4345 -BLOCK 18 18. NATURE OF ACTIVITY The proposed project is located in the Town of Cary, Wake County, North Carolina (see Figure 1), and is situated within the Neuse River Basin (Hydrologic Unit Code 03020201). The overall proposed activity is a road construction project that would extend the Morrisville Parkway and finish some of the missing gaps of the roadway to provide a continuous 4-lane median divided roadway section from NC 55 to NC 54. The proposed project includes three areas of construction activity (Phase Ic, Phase II, and Phase IIId). The Phase Ic project segment is a proposed connection of an existing section of the Morrisville Parkway at the intersection with Louis Stephens Drive to an existing section of the Morrisville Parkway near Preston Village Way, the Phase II project segment would connect an existing section of the Morrisville Parkway at the intersection near Ashmore Drive to an existing section of the Morrisville Parkway at the intersection with Davis Drive, and the Phase IIId project segment is a proposed connection of the existing section of the Morrisville Parkway at the intersection with Carpenter-Upchurch Road to NC 55. 1 g.l EXISTING CONDITIONS Phase Ic -Bridge: The Phase Ic -Bridge project segment is bordered to the east and west by existing sections of the Morrisville Parkway, and to the north and south by undeveloped forested land (see Figure 2A). The existing conditions within this project segment include upland hardwood/pine forest, Section 404 jurisdictional forested wetlands, and a perennial stream named Hatchet Grove tributary. The upland forest is dominated by loblolly pine (Pinus taeda) and sweetgum (Liquidambar styraciflua) with saplings of red maple (Ater rubrum). American elm (Ulmus americana), and willow oak (Quercus phellos) dominate in the understory. The forested wetland is dominated by sweetgum and red maple, with loblolly pine present in lesser quantities. Tag alder (Alnus serrulata) is dominant in the understory. The on-site stream is located approximately 500 feet upstream of an impounded lake. This impoundment is part of the Crabtree Creek flood storage system and is controlled by Natural Resource Conservation Service Dam Number 2. A U.S. Corps of Engineers (USAGE) jurisdictional determination has been completed for this proposed project segment (see Appendix A). Phase II -Culvert: The Phase II -Culvert project segment is bordered to the west by an existing section of the Morrisville Parkway, to the east by Davis Drive, and to the north and south by undeveloped forested land and residential properties (see Figure 3A). The existing conditions within this project segment include upland mixed hardwoods, Section 404 jurisdictional forested wetlands, isolated forested wetlands, and an unnamed perennial stream. The upland forest canopy is comprised of loblolly pine, sweetgum, red maple, American beech (Fagus grandifolia), and sourwood (Oxydendron arboreum). The forested wetlands contains predominantly loblolly pine, sweetgum, and red maple, with slippery elm (Ulmus rubra) and ironwood (Carpinus caroliniana) present in lesser quantities. The on-site stream is located approximately 700 feet upstream of its confluence with Hatchet Grove tributary, which drains to Crabtree Creek. A USAGE jurisdictional determination has been completed for this proposed project segment and has verified the wetland and stream features listed above (see Appendix A). One wetland area within this project segment was determined by the USAGE to be hydrologically isolated, and Town of Cary Morrisvitle Parkway Extension Phases Ic, II, & Illd Block 18: page 1 of 3 ENG FORM 4345 -BLOCK l8 therefore is a non jurisdictional wetland under Section 404 of the Clean Water Act. The North Carolina Division of Water Quality (NCDWQ) may take jurisdiction over this isolated wetland. Phase IIId - NC 55 Connector: The Phase IIId - NC 55 Connector project segment is bordered to the west by NC 55, to the east by Carpenter-Upchurch Road, to the north by an undeveloped wooded property, and to the south by a developed property that contains a mulch storage facility (see Figure 4A). The existing conditions within this project segment include both developed and undeveloped properties. The developed property is used primarily for the storage and distribution of mulch and other landscape products. A section of rail line is also located within this project segment. The undeveloped portion of this project segment contains upland mixed hardwood/pine forest, and an isolated forested wetland. The upland forest is dominated by tulip poplar (Liriodendron tulipifera), sweetgum, and loblolly pine. The isolated wetland is dominated by sweetgum, loblolly pine, and black willow (Salix nigra). A USACE jurisdictional determination has been completed for this proposed project segment (see Appendix A). The on-site wetland area was determined by the USACE to be hydrologically isolated, and therefore is a non jurisdictional wetland under Section 404 of the Clean Water Act. NCDWQ may take jurisdiction over this isolated wetland. 1 H.2 PROJECT DESCRIPTION The road design for the proposed project segments would be similar to the existing sections of the Morrisville Parkway. The proposed design is an approximately 105-foot wide, 4-lane median divided roadway, including 5-foot wide sidewalks and 5-foot wide utility strips to be situated on both sides of the roadway. Fill slopes within the project area are 2:1. To accommodate the roadway alignment, two stream crossings are required (bridge and culvert, 35° 48' S1"N, 78° 51' 46"W and 35° 48' S0"N, 78° Sl' OS"W (NAD83/WGS84), respectively). The project would use standard road construction methods and use of heavy equipment, such as cranes, backhoes, bulldozers, and dump trucks. Phase Ic -Bridge: A new 4-lane median divided roadway, approximately 1,130 feet in length, would be constructed to connect the existing section of the Morrisville Parkway at the intersection with Louis Stephens Drive to an existing section of the Morrisville Parkway near Preston Village Way. To minimize wetland and stream impacts, a 180-foot long, 82-foot wide, prestressed concrete, three-span bridge is proposed to be constructed over the Hatchet Grove tributary within this project segment. The bridge would be constructed using cranes placed above and on the side of the bridge site. Two bents would be placed on top of drilled piers set approximately fifteen feet below ground surface. The bridge has been designed to accommodate the 100-year flood. A temporary haul road would be constructed to access the bridge site. Design elements for this project segment are depicted on Figures 2B and 2C. Phase II -Culvert: A new 4-lane median divided roadway, approximately 1,260 feet in length, would be constructed to connect the existing section of the Morrisville Parkway near the intersection with Ashmore Drive to an existing section of the Morrisville Parkway at the intersection of Davis Drive. To allow the road crossing of an unnamed perennial stream within this project segment, the installation of a 162-foot long, 12-foot by 8-foot, reinforced concrete single box culvert is Town oJCary Morrisville Parkway Extension Phases Ic, II, dt Illd Block 18: page 2 of 3 ENG FORM 4345 -BLOCK 18 proposed. The culvert would be constructed using cranes and other standard heavy equipment. A temporary channel would be constructed to divert flow prior to constructing the culvert. In addition, two temporary gravel and rip rap filter basins would be installed to trap sediment. These temporary basins would be converted to permanent preformed scour holes for on-going erosion and sediment control. Design elements for this project segment are depicted on Figures 3B and 3C. Phase IIId - NC 55 Connector: A new intersection would be constructed at NC 55 to connect to the existing terminus of the Morrisville Parkway at the intersection with Carpenter-Upchurch Road. The distance from NC 55 to Carpenter-Upchurch Road is approximately 415 feet. The design of the new intersection requires an at grade crossing rail crossing. Design elements for this project segment are depicted on Figure 4B. 18.3 PROJECT IMPACTS TO WETLANDS AND STREAMS The proposed project would require the unavoidable discharge offill material into wetlands and streams. These impacts are described in detail by project segment in the attachment labeled Block 22, and are summarized in Table 1. 18.4 PROJECT IMPACTS TO RIPARIAN BUFFERS The project is subject to riparian buffer rules for the Neuse River, as established in 15A NCAC 2B .0233. Project impacts within 50-foot riparian buffer areas are presented by project segment in Table 2. 18.5 AVOIDANCE AND MINIMIZATION Avoidance and minimization measures have been incorporated in the roadway design to limit the amount of wetland, stream, and buffer impacts. Alternative alignments for the roadway were limited by the fixed endpoints of the existing sections of the Morrisville Parkway. Fill slopes were designed at 2:1 to limit fill within wetlands and streams. In addition, the design incorporates a bridge, rather than a box culvert, to limit impacts to Hatchet Grove tributary and its adjacent wetlands. Moreover, the proposed bridge has been specifically designed to limit the footprint of disturbance. The bridge design incorporates an "hour-glass" shape that requires a lesser amount offill than traditional bridge designs. The project has been designed to avoid temporary wetland impacts to the greatest extent practicable. Where temporary wetland impacts are unavoidable, the heavy equipment working in wetlands would be placed on mats to minimize soil disturbance. All temporary disturbed wetlands would be restored to pre-construction conditions. In addition, the project would include a comprehensive sediment and erosion control plan to ensure that sedimentation and turbidity within wetlands and surface waters are minimized to the greatest extent practicable. 18.6 MITIGATION The applicant proposes to mitigate for their requested wetland and stream impacts through payment to the North Carolina Ecosystem Enhancement Program (NCEEP). A letter from the NCEEP indicating that they are willing to accept payment for the mitigation has been obtained (see Appendix B). Town of Cary Mon~isville Parkway Extension Phases Ic, II, 8c IIId Block 18: page 3 of 3 ENG FORM 4345 -BLOCK 21 21. TYPE(S~ OF MATERIAL BEING DISCHARGED AND THE AMOUNT OF EACH TYPE IN CUBIC YARDS Within each of the three project segments, the roadway would be constructed using agravel/soil fill that meets NC Department of Transportation roadway embankment specifications. The bridge would be constructed using two reinforced concrete bents that are placed on top of eight drilled reinforced concrete piers set approximately fifteen feet below ground surface. Within the Phase II project segment, a 162-foot long, 12-foot by 8-foot, reinforced concrete single box culvert is proposed. In addition, Class I Rip Rap will be used for erosion control at the culvert's inlet and outlet, and for the construction of permanent scour holes. The fill material amounts within Section 404 jurisdictional waters for each project segment are presented in Table 3. Town of Cary Morrisville Parkway Extension Phases Ic, II, Br IIId Block 21: page 1 of 1 ENG FORM 4345 -BLOCK 22 22. SURFACE AREA IN ACRES OF WETLANDS OR OTHER WATERS FILLED Each of the three project segments would require unavoidable fill material discharge into wetlands and/or streams. All impacted wetland areas are forested wetlands, and both on-site streams are classified as perennial. Specific descriptions of the permanent fill areas and temporary impact areas within each project segment are provide below, and these impacts are summarized in Table 1. Phase Ic -Bridge: This project segment would require 0.40 acre of permanent fill material discharge into Section 404 jurisdictional wetlands (see Figure 2A). The permanent placement of fill within the wetlands is required for construction of the proposed road embankment. Bulldozers would be used for grading activities, and cranes would be used to install the bridge. Fill slopes are designed at 2:1 in this project segment. In addition, the project segment would temporarily disturb 0.27 acre of Section 404 jurisdictional wetlands, and 12.2 linear feet of stream. The temporary impacts are required for the construction of a temporary haul road and the area required for the heavy equipment operation during bridge construction. All heavy equipment would be placed on mats within the temporary wetland impact areas. Phase II -Culvert: This project segment would require permanent fill material discharge into 0.51 acre of Section 404 jurisdictional wetlands, and 0.09 acre of isolated wetlands. In addition, the project would involve the piping and fill of 250.4 linear feet of a jurisdictional channel (see Figure 3A). The permanent placement of fill within the wetlands is required primarily for the construction of the proposed road embankment, and to a lesser extent for the construction of permanent preformed scour holes. The permanent stream impact is required for the construction of a 162-foot long, 12-foot by 8-foot wide, reinforced concrete single box culvert. Bulldozers would be used for grading activities, and cranes would be used to install the culvert. Fill slopes are designed at 2:1 in this project segment. In addition, the project segment would temporarily disturb 0.16 acre of Section 404 jurisdictional wetlands, 0.03 acre of isolated wetlands, and 32.1 linear feet of stream. The temporary impacts are required for the construction of temporary gravel and rip rap filter basins and for a temporary construction easement. Except for the areas that that would be converted to permanent preformed scour holes, the temporary filter basins would be restored to pre-construction conditions. Impacts associated with the temporary construction easement are limited to clearing activities; no ground disturbance is anticipated. Phase IIId - NC 55 Connector: The proposed connection of NC 55 to the existing portion of the Morrisville Parkway at the intersection of Carpenter-Upchurch Road would require 0.15 acre of permanent impacts, and 0.05 acre of temporary impacts to an isolated wetland (see Figure 4A). The permanent placement of fill within the wetlands is required for construction of the proposed road embankment. Fill slopes are designed at 2:1 in this project segment. Bulldozers would be used for grading activities. Impacts associated with the temporary construction easement are limited to clearing activities; no ground disturbance is anticipated. Town of Cary Morrisville Parhtivay Extension Phases Ic, II, & IIId Block 22: page 1 of I '~Y N U O 7 w z W C w a M"H O A W A '~ N A W O A N w a .fl .~ v rr a 000 O 0o ~ N ~ ~ ~ ~O N V N O~ ~ O ~ O ~ 000 0 0 0 M 0 M 0 0 a ~ ~ ~ ~ ~ ~ ~ ° x x x a ° U U x oU O ~ x W ~ W ~ ~ ~ . ~ U a . ..' ~ J O O i w O ~ v v U r °' Z c i~ i i V a ~" v~ z c~ 0 z w x w ¢ ~ awp.,, w O 0 a G ¢ O 0 O ~ ~ ~O oo ~ 0 M Or V N N M ~ ~ ~ 00 ~ O~ O~ ,~ ~ h r N ~ r N o z o g ~ z ~ N ~ ~ D, ~ D` ~ ~ Q O Q o ~ U z U Q ~ N ~ N ~n N U Q Q x x ~ c~ ~ x o ~ x z z z x N ~ ~ Q Z L~ z z p ~ U U U ~ } U U U U U .., w ~- ~" W ~ ~ ~ p ~ ~ ~ U U ~ ~ Q ~ ~ ~ U ~ c~ x w z W ~ ~ a X O O ~G ~G ~ O w o ~ ~ a ¢ ¢ ~ z 0 H ~ .a ° ~ ~ U x ° ~ o ~' ~ z ti C] a ~23 vQi ~ U ~ ~ ~ .a m Q ~ ~ W w . ¢ a ~ ~ > ~ z z ¢ .-, A- w w z O U O U ,~ , ~< w m z ~ . ~ z ~ ~ ~ ° ~ ~ w 3 ¢ ¢ ~ ~ ~ ~ A o 3 3 ~ x ° ¢ o U r.r d h e~ a ~ O ~O V ~ O~ M r M O ~ r r N ~O 01 ~Y ~ ~ 00 M Q~ N M O ~ M M M M ~ t} ~ M O M O M O M O O~ M O O~ a ~ ~ ~ ~ ~ ~ ~ ~ a ~., z U ~ ~ J . a ~ o ~ x x x ~ ~ > "~ -~ E- F- F- ° ° v~ F vi v°'i vai vai `~ ~ ~ C p 'x x x o ~ a o. o M ° ~ O 'ct ° O M O~ M ~--~ V' O N 00 O~ N N U z ~ 0 Q O~ O~ 00 N (~ v1 o~ v~ o~ M oo v O~ o U A a; ~ ~ ~ ~ z ~1 H ~ ~ N x ~ w r N r N r N o, -- V1 ~o r N ~ w ~ z z z N z Q ~ ~ a z z x U U U U r~ W ~ .w.,l z z z U Q F., ~ p ~ x F x ° ~ O p v i ~ E - w ~v [ -- r~ ~ o w a o c a, d ... ~ r °~ ¢ o o Q w ~ x x z ° o 3 ~ O O N M O ~ O V O O M d O M x w ~ x U d ~ ~ O .~ w w - ¢ m ~ ¢ ¢ F- J- ~3 ¢ ~ ¢ ° ~ ,, ~ a aG ¢ C~ z 0 U w 0 w F- ¢ a3 ~i v`~ .`~a C~ z ~ m x ~ ~, x w w x ~ z o s w w ¢ ° r1 ~ 0 ~ ~ F ~ w ~ ¢ C7 ~ w z 0 ¢ ~ a p U a ~ z . ~ c i~ o ° > 3 z ~ ~ n 3 v as C p 0 z d y eC a 00 Vl V 0o 00 ~ O~ 00 N ~n O N O M N vi M D1 O ~ N r 00 N ~ 00 ~ ~ ~ ~ ~ ~ ~ ~ O '7 O 00 ~ z ~ o o ~ ~ ~ ~ ~ ~~ a a o a O ~ ~ F" ~ ~ ~ ~ ~ ~ ~ F" w x x x x x x x w y, p, ~n ~n v~ v~ ~n .n ~n W p., Q U U Z U Z U Z U Z U Z U Z U Z d U a 0 0 ~O ~ ~ M N ~ M O.~ rn N oo M r M r M r M r M r M r M oo N M r ~_ h r N o M °O M U z ~ M N N M ~ N N N N ~ _ O O O N ~D O ~ r ~O 0 ~O 0 N M U Cj y~ o ~O r N ~O r ~O r U z '~ ~ Z 7 O ~ N U U Z N U N U x N U ~ 6i c ¢ a ~ w ~ N Z ~ J ~ -' V .W~ ~ .W~ ~ V ~ , ~ ~ ' ' ° ~ F ' ' ' U v~ ~ ~ = Q C j ~ ~' = A R : A W W ~ a ° ~ ~ ~ Z z o ~ d o N °o oo w O w w ,~ aC ~ ~ ~ ~ X X x F- •.~ U x E- x F. U O F' .~ O 7w 0 0 ¢ w d ¢ ao 0 ~ ~ 0~ CG O~ N O~ O~ vl M O O O O - N N O O M M ~O M O~ ~ -- M z z z ¢ a ¢ ¢ L1 w ° O ~ z ~ ~ x ¢ a~' ~ 3 °~ 3 3 z a W .w.~ g .w.~ .w.~ ~ w vim, '~ ~ w r'' ~ z ~ ~ U J H 3 0 0 a~ ~ ~ w Q w x cG w j cs a: ~ w x U a. ~ Q O z ,_ J z z X z U ~ ~= ~ ~ ~ ~ W0.' w w 0 `n Q ~A. }, ~~ 1 ` _" T_ ~ju s ;.. , - ,~ ~e~.; .~33""~ .,, `~ 00 N U O ~' v 0 3 h ENG FORM 4345 -FIGURES FIGURES Town of Carv Morrisville Pm-kway Extension Phases Ic, 11, & Illd Figures ~.`r ~_.~„, t!J ~.°"S ~S e:Y°t 9 ^~ k a N N A q 7 ° ~ n ~° d N T N ~ ~ ~ 'gO ~ O N _ N ~~~ (J T 7tG = m m y~ ^O ~ ` ' ' r m O ' 3+ .. ~m dfl P ~ (^ ~' r S" > K o ~ d "T1 O c~ ~ Z c v $R -ot~ o ®®°o ®I I 8 I r o ~ m ~~ ~ o NaNVN 2~~8 ~ ~ = 3 ~ ~~ a Zn~d ' aD aP <~ TO D 3 ~ - _ z cr r m ~ m ~ 3 z ~ n is ~ ~, ~ ~ ~ o a ~ m a ~ i _~ _ ~WIa~ I I ~ z I a i I I I !W LB~ ~ _ ~~B f i i ! s 1 ! ; i ~ m m _ y 11 I i i i t 1 g' ! ! i i~ i ! I !~ ! I C I ifr i! m ! I i I I a,. 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ENG FORM 4345 -TABLES 1"~~., ~,... S..Ld 6XV TABLE 1. SUMMARY OF WETLAND AND STREAM IMPACTS Project Segment Phase Ic Phase II Phase l lld Brid e Culvert NC 55 Connector Total Section 4041~orested Wetlands (acre) 0.40 0.51 - 0.91 Permanent Im acts lsolatcd ForestedWetlands (acre) - 0.09 0.15 0.24 p PercnniaLStreams (linear feet) - 250.4 - 250.4 Scction404 Forested Wetlands (acre) 0.27 O.16 - 0.43 Temporary aets lm lsolatcd Forested Wetlands (acre) - 0.03 0.05 0.08 p Perennial Streams (linear feet) 12.2 32.1 - 443 TABLE 2. SUMMARY OF RIPARIAN BUFFER IMPACTS Project Se merit Phase Ic Phase II Phase 11Id- Bride Culvert NC 55 Connector Total ft Section 404 Wetlands 814 2,379 N/A 3,193 1 `Z .) Permanent Impacts lsq, U lands 1,102 9,985 N/A 11,087 one T I ft Section 404 Wetlands 4,553 285 N/A 4,838 emporary .) mpacts (sq, U.lands 0 2,754 N//~ 2,754 f Section 404 Wetlands 224 1,534 N/A 1,758 ` 2 Permanent lmpaets (sq. t.) U lands 2,878 5,053 N/A 7,931 Zone T I s f Section 404 Wetlands 2,828 1,273 N/A 4,101 t.) emporary mpacts ( q. U lands 48 1,708 N/A 1,756 TABLE 3. SUMMARY OF FILL MATERIALS WITHIN JURISDICTIONAL WATERS Pro'ect Semment Phase ]c Phase II Phase llld Fill Material Bridee Culvert NC 55 Connector Total Gravel/Soil Road Embankment (cubic yards) 6,000 7,500 1,500 15,000 Class TRi Ra (cubic ards N/A 4 N/A 4 Reinforced~Concrete Drilled Piers (# er site) 8 N/A N/A 8 Reinforced'Concrete Box Culvert (# er size) N/A 1 (162' x 12' x 8' N/A 1 KAL '' ,ti ~ - ''LIi Or~FICE Town of Cary Morrisville Parh~vay Extension Phases Ic, li, c?c Ilid Tables: page 2 of 2 ENG FORM 4345 -APPENDIX A APPENDIX A: USAGE JURISDICTIONAL DETERMINATIONS Town of Cary Morrisville Parkway Extension Phases Ic, II, & Illd Appendix A _,~ ~~ ~~~~ t~;_ .~ c U.S. ARl~'I1' CORPS OF ENGINEERS - WILMINGTON DISTRICT Action Id. 200620573 RAi,EIGii hEGi;l~aTiih~i'~'i 1_ OFrICE County: 1~1'ake U.S.G.S. Quad: C~ NOTIFICATION OF JURLSDICT]ONAL DETERIVIINATION Property Owner/Agent: Town of Cary Attn: Mike Babuin Address: PO Box 8005 Carv, NC 21512 Telephone No.: 919-462-3931 Size and location of property (waterbody, road name/number, town, etc.) The properh~ is located east of the exi~tin~ ceQment of Morriwille Parkway and extends toward Davis Drive. near Can' in Wake County, NC and is identified as A~orrisville Parkway Extension, Phase 1. Indicate ~'~'hich of the Follo~~in~ 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 Depar-trnent of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. X_ There are ~~hetlands 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 ow published - regulations, this determination may be relied upon for a period not to exceed five-years frorrr the date of this _ notification. We strongly suggest you have the Wetlands and Streams on yow property delineated. Due to the size of yow 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 `>v~etlands and Streams on yow 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 acewate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, maybe relied upon for a period not to exceed five years. X_ The ~>,~etlands and Streams have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on May 4, 2006. Unless there is a change in the law or our published regulations, this determination maybe 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 ow published regulations, this deternination 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 (LAMA). You should contact the Division of Coastal Management in Washington, NC, at (252) 946-6481 to determine their requirements. Remarks: Corps Regulatory Official: Monte Matthews ~~~.f~'-i--~ Date Mav 4.2006 Expiration Date Mav 4, 2011 Page 1 of 2 Action Id. 200620573 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 30] of the Clean 1~'ater Act (33 USC § l 31 l ). If you have any questions regarding this determination and/or the Corps regrolatory program, please contact 1\7onte Matthews at 919-876-844] x30. Basis For Determinztion:.Areas on this site exhibit wetland criteria as described in the ]987 Corps R'etland Delineation )\7anual and are adjacent to UT of Crabtree Creek. The properi,~ also contains stream channels that exhibit an Ordinary I3ieh V1'ater Mark as indicated by changes in soil character and absence o_r terrestrial vegetation and are hvdrologicalh~ connected to Crabtree 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 deternination 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 I~rotification 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 July 4, 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): '"\~ FOR OFFICE USE ONLY: • A plat or sketch of the property and the v,~etland 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: URS Attn: Ray Bode 1600 Perimeter Park Drive, Suite 400 Momsville, NC 27560 NOTlI-)CATION OF _~DMT'~]STRA7I~%E APPE,~L OPTIONS AND PROCESS AI~T]D . _ ,:~ . `°~=-`i... -_~ - :- - REQtTEST I~ORIAI'PE,~L - _ = - _ Applicant: Town of Cary File 1~umber: 200620573 Date: May 4, 2006 Attn: Mike Babuin Attached is: See Section below II~TITIAL PROFFERED PERMIT (Standard Permit or Letter of A ern~ission PROFFERED PERMIT (Standard Pern~it or Letter of ermission B PERMIT DEl\~IAL C X APPROVED NR]SDICTIONAL DETERMINATION D PRELIMINARY JUR]SDICTIONAL DETERMINATION E SECTION I -The following identifies your rights and options "regarding an administrative appeal of the above . decision. Additional information maybe found'at http://«~~~~.usace.ai=mv.mil/inet/functions/cw/cecwo/reg or Co s re latioris at 33 CFR Part 331: ~ ;' .. , . ~ ::_ A: II~TITIAL 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 yow work is authorized. Your signature on the Standard Permit or acceptance of the LOP means-that you accept the permit in its entiret)~, and waive all rights to appeal the pernvt, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OB7ECT: 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 11 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 yow right to appeal the permit in the future. Upon receipt of your letter, the district engineer v~i11 evaluate ~~ow objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of yow 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 yow 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 yow 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 Il 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 JURISD]CTIONAL 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 entiret)~, and waive a]] 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 Il of this form and sending the form to the division en@ineer. This form must be received by the division engineer urithin 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 maybe 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. SECT]ON I1-REQUEST FOR APPEAL or OBJECTI01\1S TO AID' 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 lI~'FORMATION: 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. Ho~~~ever, you may provide additional information to clarify the location of information that is already in the administrative record. .. :_.. POINT OF CONTACT FOR QUESTIONS OR INFOR.IvIATIQN": - '= ~` ~" ~ `~ 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, Geor is 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 ~~ill be provided a 15 day notice of any site investigation, and will have the opportunity to participate in al] site investi ations. Date: Telephone number: Signature of appellant or agent. DIV1S10N ENGII~TEER: Commander U.S. Army Engineer Division, South Atlantic 60 Forsyth Street, Room 91\'i15 Atlanta, Georgia 30303-3490 O~E~ bq y,q ~~ hG. ^, c ~f ccoO ~ sN W 1GiC ` C W f c e h x MOA4iSVr~LF~ n CgAF EN7ER hG SITE ~ORR,cV1LLE MOkRIc VILLE z PK.NY. -~ n ~ ~ \ ROFOSED MOPRISVILLE c '" z FARNWAY VI N ~ , z o` ti r,~ ee ~y k~ NOT TO SCALE VICINITY MAP DATUM DESCRIPTION THE LOCALIZED COORDINATE SYSTEM DEVELOPED FOR THIS PROJECT IS EASEG ON THE S1ATE PLANE COORDINATES ESIABLISHED BY OTHERS FOR MONUMENT 'TN 100' WITH NAD 63 STATE PLANE GRID COORDINATES OF NORTHING: 751,265.702(fl) FASTING: 2,037,799.295(ft) 7HE AVERAGE COId61NED GRID FACTOR USED ON THIS PROJECT (GROUND 10 GRID) IS: 0.999907459 THE N.C. LAMBERT GRID GEARING AND LOCALIZED HORIZONTAL GROUND DISTANCE FROM "TN 100' TO N.C.GS. "CHANDLER" IS N 74° 00' 06' E 355.16(8) ALL LINEAR DIMENSIONS ARE LOCALZED HORIZONTAL DISTANCES VERTICAL DATUM USED IS NGVD 29 ~~~~IV~~ SEP 2. ;? 2D06 RALEIGH REGULATORY FIELD OFFICE NOTES: 1. THE DEPICTED WETLANDS WERE FIELD SURVEYED BY THIS OFFICE USING CONVENTIONAL SURVEY METHODS. 2. THE PURPOSE OF THIS SURVEY IS TO DEPICT SECTION 404 JURISDICTION WETLANDS ONLY. BOUNDARY AND PROPOSED ROADWAY LINES ARE BY OTHERS AND ARE SHOWN HERE SOLELY FOR ORIENTATION PURPOSES. I, JESSE J. PRICE, PROFESSIONAL LAND SURVEYOR HEREBY CERTIFY THAT THIS SECTION 404 WETLAND SURVEY AND SUBSEQUENT PLANS WAS MADE UNDER MY DIRECT SUPERVI~~rfjl"AND THAT IT IS CORRECT TQa'yj=ij3!<,S~,rQF MY KNOWLEDGE. I /\ ~ ~~~ "- FI N WELL? RfSA n ( A ~~ ( ml 1 III I ~I II I ~i ~~ ~ ` Zl O M -I O ~ D Ua I ~ SHEET 2 OF 2 z` N.C.G :. CHANDLER' __ N- 751,363.586 ESP'TN 700' _ E- i,03E 740.9D4 N= ]57265.701®~ ~ ~~, ELEV= 365.53(6) E= 2.037399285 _ ____~ ELEV= 36a.85f6) I ~ECTID 404MORRISVILLE FgRKN,AY WETLANDS EXTENSION _'_-- I n 1 .~ ( -~_.~_ - ®® N.C. PROFESS ~QNAL.SURVEYOR L•3220 *~..... NORTH CAROLINA WAKE COUNTY This certifies that this copy of this plat accurately depicts the boundary of the jurisdiction of Section 404 of the Clean Waler Act 2s determined by the undersigned on this date. Unless there is a change in the law or our published regulations, this determination of Section 404 jurisdiction may be relied upon for a periotl not to exceed five years from this date. This determination was made utilizing the 1987 Corps of Engineers Wetlands Delineation Manual. Regulatory Official ~ ~' Title• / -S c- Dater ' (~ ~ ~ USACE Action ID: Z~o~.20 f7~ GRAPHIC SCALE ° 1w e°o { IN FEET 1 inch = 500 ft Submitted by URS Corporation -North Corollno 1600 Perimeter Fark Drive Morrisville, North Carolina 27560 TELEPHONE (S1 S) 461-1100 FAk (915) aE1-Ia15 COP 7RIGHT ~ 2000, URS CORPORATION, INC. °Arr scar SECTION 404 WETLANDS SURVEY FOR: c7•z.oE r=5oo °5~°Ke' ~JJ~ °' ARMY CORPS OF ENGINEERS .qua,„~ ESP ASSOCIATES, P.A. vr7uNO:oeuNEAno~~suRVEV MORRISVILLEFARKWFYEXTENSION engineering-surueying°yiannting S`1rf i OF 2 PHASE ONE _ 561 Tri77ity Road GARY, WAKE COUNIY. NORTH CAROLINA _ Fw.letigh, NC 29609 (91$) 65E-5200 z2, I .Z~. GL Submllted b~ GRAPHIC SCALE 30 0 ~s 3o URS Cor so ,ooration -North CorolJna 1600 Perimeter Pork Drlve -NEY~SIDNS ~ I ~ ~ ~ ~ Morrlsvllle, North Carolina 27560 (IN FEET) T inch • 30 h. TELEPHONE (9,8) a6,-Tt00 FAX (8T8) 4E7-141 COP VRIGNT 2000, URS ® CORPORRTON, INC. D<TE 0,•1T•U6 i•`~`~o~ SECTION 404 WETLANDS SURVEY FOR: Dr.<O~wKex EnEJF er ARMY CORPS OF ENGINEERS -0E$CNIF,IDrt. ESP A SSO CIA TES, P. A vET~,r~D:cEUnEAna:suRV~r SHEET MORRISVILLEPARKWAYEX7ENSION engineering•:urueying.planning 2 OF 2 PHASE ONE CARY, WAKE COUNTY, NORTH CAROLING. = 981 Trinity bond - Raleigh, NC 27609 (915J 858-5200 U.S. ARAZY CORPS OF ENGII\'EERS _ F' ~'1'ilmington District Action ID: 200320957 County: ~'Vak ...~ ~. ~. NOTIFICATl01\' OF Jt1RlSDICTl01\'AL DETERMINATION,.._, . Property Authorized Owner Town of Cary Agent URS. Group, ~#~~:IGHi;EG~:;,~~ult1'FEI.IioFriCE Attti: Russ Overton, P.E. ~ ~ ~ Attn: Ray Bode Address P.O. Box 8005 Address ] 600 Perimeter Park Drive Cary NC 27512 Morrisville; NC 27560 Telephone Number 919-469-4030 Telephone l~TUmber 919-461-1100 Size and Location of Properh' (~'~'aterbody. Hi~h~~~ay name/number, town, etc.): The project is located on Louis Stevens.Drive between Heritage Pine and~Morrisville-Carpenter Road and on IVlorrisville Parkway between~Preston Village North and Carpenter Upchurch Road in Morrisville, Wake County; North Carolina. Basis for Determination: The.site contains wetlands.and stream channels with indicators of ordinary high water marks, Iocated adjacent to an unnamed tributary of Crabtree Creek in the Neuse River Basin. Indicate ~~1'hich of the Following Annly: There are waters of the U.S., to include wetlands, on the above described property which we strongly suggest should be delineated and surveyed. The surveyed wetland lines must be verified by our staff before the Corps will make a final jurisdictional determination on your property. Because of the size of your property and our present workload, our identification and delineation of your wetlands cannot be accomplished in a timely manner. You may wish to obtain a consultant to obtain a more timely delineation of the wetlands. Once the consultant has flagged a wetland line on the property, Corps staff will review it, and, if it is accurate, we strongly recommend that you have the line surveyed for final approval by the Corps. The Corps will not make a final jurisdictional determination on your property without an approved survey. X The waters of the U.S., to include wetlands, on your lot have been delineated, and the limits of the Corps jurisdiction have been explained to you. 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 Rater 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 of this notification. Placem t of dredged or fill material in wet)ands on this property without a Department of the Army P rmit is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A permi snot required for ~~~ork on the proyzrty restricted entirely to existing high ground. If you have any questions regarding the Corps of Engineers regulatory program, please contact Andrea Wade at telephone number (919) 876 - 8441 extension 31. Project Manager Signature Date November 12, 2003 Expiration Date November 12, 2008 SURVEY PLAT OR FIELD SKETCH OF THE DESCRIBED PROPERTY AND THE WETLAND DELI)\~ATION FORM )\~UST BE ATTACHED TO THE FILE COPY OF THIS FORM. R ~. ,-LJ T)~L., ~.I pa.~ v ~~f1-,, k' kh••- S':.-._'f: "?!'yyt ~` ~ ~-. LROCLS.S;' ,. 01SM~'~D ~3-10~~Ol~AD'~7l'~1~71?~Il~li ~PP7 ~LOP7l ]~OTI]itC 3 : ~ _ , ,~- ,,~ _ ll l C ~ :~ ~tl 5~,:'.l ~ ~~`^~~I)I)Ii=~1 `i.-j ~,~ 'l Sl L -1) ~1Z1~ :. _g ~ -ri r. FL-$ tp.. ~~ - l A plicant. Town of Cary File 1\TUmber: 200320957 Date:Nov 12, 2003 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of ermission) A PROFFERED PERMIT (Standard Permit or Letter of ermission) B PERMIT DENIAL C X APPROVED JURISDICT]ONAL DETERMINATION D PRELA~IARY JURISDICT]ONAL DETERMINAT]ON E SECTIC~~ ]`- '1 he follo~vm4 identt~ies your r7gh s vnd optt~n~ re~ardrng~an adi~mt~tratt~~e appeal£~T~ie abo ,- ~~~ ~ .,~ ~~~: ~- ~, dect~ton ~adtttonafinformatron;~nay be found athttp Ilu~ace ar~m~ 1~»j,?i1~eUfu~ctt~nslcti3~/cec~ti ~~egor ,~ Corps regr~]ations at 33 CFR P~rt_~~1. __;_ _ -° = y =` A: INITIAL. PROFFERED PERMIT: You may accept or object to the permit. you may sign the permit document and return it to the district engineer for final • ACCEPT: ~If you received a Standard Permit , 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 jwisdictional 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 permirbe modified accordingly: You must complete Section ~I] 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 al] 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: ]f 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 DEI\TIAL: 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 JUR1SDlCTIONAL DETERNIII~IATION: 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. _SELT)OI~ II;=_:_REQLZST ]~OR ~~1?PEAL car OBJECT]ONS4.7 O .?~~~ LI~'1?TL~L,PROFF~RED PLRMT~'_: --_ ,~ p- REASONS FOR APPEAL OR OBJEC?ION'S: (Describe yow 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 yow reasons or objections are addressed in the adminisvative record.) ADDITIONAL INFORMAT]ON: The appeal is limited to a review of the adminisvative 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 adminisvative 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 adminisvative record. -- - - - - - s~ ~-~ - - - _ ~ol~~r or col\T~eT I<oR -QL?zs7>_c~~s oR ~~~~ol~~~_>>o:~~_ _ _ ~ ~ ~ --- ---- If you have questions regarding this decision and/or the appeal If you only have questions regarding the appeal process you may process you may contact: also contact: Ms. Andrea Wade, Regulatory Specialist Mr. Arthw Middleton, Adminisvative Appeal Review Officer Raleigh Regulatory Field Office CESAD-ET-CO-R 6508 Falls of the Neuse Road, Suite 120 U.S. Army Corps of Engineers, South Atlantic Division Raleigh, North Carolina 27615 60 Forsyth Sveet, Room 9M15 Atlanta, Geor is 30303-8801 RIGHT OF ENTRY: Yow signatwe below grants the right of envy to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the cowse of the appeal process. You will. be provided a 15 day notice of any site investigation, and will have the opportunity to participate in al] site investigations. Date: Telephone number: Signature of appellant or agent. DIVISION ENGINEER: Commander U.S. Army Engineer Division, South Atlantic 60 Forsyth Street, Room 9M15 Atlanta, Georgia 30303-3490 0~ ,4y~0 RO ~~ a° GOOD ~ 0 ~~ \~./~ W y N W O,e C 4Q f c o h >< f , CARPENTER P1RE RD ~RRrSy14 . :IATWN f~C 'uPP fA,~R RO C1Y R° `"0~ - SITE 40RRISyI~ g PKWY. ~ A S :° W G lr ~ p W O y G GREEN HOp[ SCH. RD. °s i c p~ ~ RO NOT TD SGIF >0 ,Fl ~ ~~y4M ZO ~/ r ~~ y ~~ .y~ ~Y ` , J} ~0 M SITE--- • ~ °¢'"" ~ ~icH us ~' 1-40 "+" ~ s oy' ~ $ WAKE COUNTY 7 ~ J NORTH CAROLINA ?fo~o '}~`~ SP 0 ~ ~``~ 1 NoT To scxE VICINITY MAP , I -... - i__ - _ . ' i _.~ __ _ ._ , _._.. _. -...: I.. o~ E~ ~ I .o u< ROAD i~ SECTION 404 WETLANDS GRAPHIC SCALE i -` I ~ ~ , 0 oso eoo ~ r I ~ ~ I- ~ TT_I _ ~ ~-i_i~_ !.i.;-.~ SHEET 2 OF 3 ~ ( IN FEET) .. - 1 inch 500 ft ~ ~ i~~===i==i ~ ~-_--- I NOTES ,~--~_~ -,--+L-' ~ I : ~~ ~ ~ 1. THE DEPICTED WETLANDS WERE FIELD SURVEYED - -~ - ~- i i BY THIS OFFICE USING CONVENTIONAL SURVEY _ j j ~ l ! I METHODS. i....f__~_1__; I 2. THE PURPOSE OF THIS SURVEY IS TO DEPICT I ~ II ! ! ! r' ' = ~ SECTION 404 JURISDICTION WETLANDS ONLY. - --I-- ~ ~+ BOUNDARY AND PROPOSED ROADWAY LINES ARE BY I` j ~; i i ! OTHERS AND ARE SHOWN HERE SOLELY FOR ~_~.! ~-_~, ' I ORIENTATION PURPOSES. -~- N.C.GS.'GIANDI.Bt' ROAD H= 751,383.586 E= 203E,u0.7a I Elty 3&°.53 PROPOSED i, ROAD I ~ SECTION 404 i WETLANDS n1 ~ ~ , ~'.I _ . ~ I SHEET 3 OF 3 SECTION 404 ' RECEIVED W~`A"°S ` ~ cTREAM ----...--- -- --- #YI51P6 ~ OCT-9-1.2003-----~ ----------_.-.~.---- aam arvamrcrwm a3rr ~~ 1 _~"`~ SECTION 404 WETLANDS SURVEY FOR: DoT `~~° ARMY CORPS OF ENGINEERS ~~~~. rru~ orln/c~mas;m~rr LOUIS STEPHENS DRIVE 8 MORRISVILLE PARKWAY EXTENSION sei PHASE ONE 1 OF 3 CARY, WAKE COUNTY, NORTr CAROLINA LOCATION MAP DATUM DESCRIPTION THE LOCALIZED COORDINATE SYSTEM DEVELOPED FOR THIS PROJECT ~ IS BASFD ON THE S1ATE PLANE COORDINATES ESTABLISHED BY OTHERS FOR MONUMENT'GPS Nog' WITH NAD E3 STATE PLANE GRID COORDINATES OF NORTHING: 750,973.96D(n) EASnNG: z,at,t2z.490(Il) THE AVERAGE COMBINED GRID FACTOR USED ON THIS PROJECT (GROUND TO GRID) S: 0.999907156 1HE N.C. LAMBERT GRID BEARING AND LOCALIZED HORIZONTAL GROUND DISTANCE FROM 'GPS No.B' TO N.C.G.S.'CHANDLER' IS N B2' 33' t9' W 3,007.12(n) ALL LINEAR DIMENSIONS ARE LOCALIZED HORIZONTAL DISTANCES VERTICAL DATUM USED IS NGVD 28 ninoTU ~ecnl lele ~..~: G.. v ra~3s~ wnKE couNrY d °^d W""'^"s "I °"" ~~ RF aa.+R V'tr snd WVF1.+'d5 N11 rc.J~t.i~d p~sw+ntl+ This certifies that this copy of this plat eewratet7 ~ielrlhe- ' 404 of Me Clean Water Ad in the areas impeded by the present proposetl activity, as tleterminetl by the undersigned on this dale. Olher areas of jurisdiction may be present on the sne bul have not been tlelineated. Unless there is a change in the law or our published regulations, this determinatlon o1 Section 404 jurisdiction may be relied upon for a period not to exceed five yearn from this date. This determination was made utilizing the 1987 Corps of Engineers Wetlands DelineationMa\nual. Name:~~, w ~~- T-roe: -~ ~~ I.As-r Date: l2 1.I of 200 3 LAKE AID: ~ uo 3 a o951 U~"~ `.. V Submitted by I `~ l 'cP: Nn8 TN ~`~, ~ T50'~~0 ~1 URS Cor rotlon -North Carolina E=2D11,17Y.480 ~ ~ I EEEV= 353.3~(Il) +,. I60D Perimeter Park Drive i ~ Morrisville. North Carollno 27560 ! TEIFFP.•i.TE 1919) 461-1100 FAX 1919) 461-1418 }I ~ _ coarpic+tr C zooo. uas SAT ran Irrc. /~ -.- "~ -' I, JESSE J. PRICE, PROFESSIONAL LAND -~ ~' SURVEYOR HEREBY CERTIFY THAT THIS ~, SECTION 404 WETLAND SURVEY AND '~,~• ' SUBSEOUENTP,LAhIS WAS MADE UNDER MY F = ;: DIRECT SU 1S, 1 SHAT R IS ; ,,' GORREC ~ti KNOWLEDGE. -- I ,. 1, OQ. 9 Z3-t~3 N.C. PRO dR L3220 Trrw .~. ~ ~~~ A lrerracon Company ENGINEERING -SURVEYING -PLANNING X246 GREEN'S DAIRY ROAD, RALEIGH ,N.C. 2767E (919) E732211 ~~ Ohl /\ ~ M ~~ ( 0 U Q Z PROPOSED LZ7 S8'_'25'OB'E BE.7E-- L2e so7.2E46w sE.eF L24 S"21'74.79w 78,72 L30 505'7 t'S3w 8728' L31 S7P'2741w 9E.4E L92 s2nv7Btw 150.45 l33 563'4T42w 4427 L34 S8F•57'55w 25fi.73 L35 N0728'71'E 56.Oa L3fi N17'1438'E 80,77 L37 N42'2028•E SO.Op' L38 579'3771'E 50,8E 138 NE1'S136`E 94.0E Loo Ns4.34•s0w s68r U1 N00'ta10•E 48,3$ L42 N77't 757E 103,95 L43 N2f'0517w 43,37 LM S7E'2Ft6w 1868E L45 N2T751Bw 2589' L48 N73'30'33•E 188.3,? U7 N40'03'43'E 743.85 U8 N46'48'03•E t6A1' L49 N36'47'S8'E 27.18' L50 N35.OD'41'E 4e.w' L51 N4rors2•E 21.7r L52 N46'Oa12'E 22.17 L53 N47'S8'S3•E 4187 L54 N7703'40•E 48.95 L65 N37K718•E BOOT l5B ND7'1E76w 47.18' 157 N14.53'4B'W 9E,ag LSB N35'S9'54'E 3181' lSB N19'OF74'E 38.50' L80 N53'38'a9•E x.87 Let N07.3577•E 34.46' L82 SO7.4372'E 37.89 L83 S56'18'00111 3381' Leo s1oroT.1w 32.ss L% S39'2631w 3385 L88 618'1910•E 100.31' L87 S%'2750•E 4287 Lee s24.55n1w 4ear L~ s3e•4S38w 20.89 L7o s76•,a44w 278s ut s46•te~6w 992z U2 540'3T50w 102.84' CTION 406 WETLAND AREA ,416.62 SOFT. / 2.443 ACRES 194 ~ 161 ~1~ 12e 180,-;;;-?.,... A • J ~~ •: '~~~. 131 /~ '5'91- f" ''4ee ~~~ I 192 GRAPHIC SCALE o Bo 175 xao .00 171 FEET ) 1 inch 100 ft a4am ~ wrcuol ~r LINE BEARING DISTANCE L73 N87'13'S-'+w 56.11' L74 ss3.4oroF-w 3c.fi4• vs s6o•3o.4w 43.4E L7B N22'3737E 45.37 L77 N77'3627E 50,4E ve NBE•,727E 40.57 L7B NBE'4Lr28•E 2E.79 LBO SOP'1a24w 3E.84' LB1 S25'07'77'E 83,4E Lee s7o•3ao7w 4E.eo Lea N67'SF07w 55.8E Leo sfir.r.tw 46.4p L% N2 t'30'S2w 31.7E Lee N31't4'32'E 93b0' LE7 N55'00'00•E 4780' L88 S57'25'47'E SE28' L84 N67'13'29•E 22.11' L80 547t4'48•E +6.51• L91 S7P'3F78•E 5.B? LB2 N74'aFtO•E 23,9E L93 S)f'3E'03'E 3E.OD' L9/ NBP'7T414 3E.38' L% M3'1848f SE.49' L% N3E't872•E 2127' LW N73'ST42•E tB.BE L% N5E'33'5B•E 578E L98 E74'08'S1'E 16.17 L 100 NC~'17n1'E 2787 1101 N58'1E5B•E 28.0E 1102 NB.',•7T54•E 258E L703 567'2743'E 75.0E L701 MB'33'11~ 80.07 1106 N88'bE47•E 65.4E Pr1T NORTHING EASTINGT ' 727 75775E.362', 2040727.8080 1 12E 757 t4E.3F14 2040827.4927 7 72F 75tOeF.87&' 2ao8228482 1 130 7:7015.5743 2040783.8700 1 137 75093t.fi424 294078E834B 1 132 750840.6745 2D40754,1902 1 733 750694.9387 2040701 J1O8B 1 t34 750680.409E 2070687.3316 1 735 75o674.eo+6 2070aW8034 7 13E 750735.7518 2070707,0386 1 137 750783.7401 2040425,0318 1 13E 750830,8&74 204045e.777B 1 134 750821.8906 2040507.8810 1 740 750666A207 2W059,'2648 1 741 750BOt.3823 2070546.6170 1 t42 750877.7374 2040546.05/0 1 143 750870.7361 20706,50,4242 1 144 75700E.BBSe 2040631,3510 1 14s 750476.,,53 204046fi.878p , 146 750942.8565 2040454,D777 1 147 751046.4277 20708,758U1 1 746 75068E.7903 2040561.4724 1 144 7506BP.9547 20405742101 1 150 750721.1782 20405912132 1 1St 75075E.882E 2040617.8258 1 752 750773.8416 20406338760 1 753 75078F.0889 2040WBS269 7 164 750E 18.9481 2040680.4480 1 tY 750852.8446 20407128987 1 t56 750903.5783 2(110744.8888 157 750850.7039 2010743.1253 t5E 757046.1146 2040717.7462 759 757077.968E 2040736A7B2 1eo 751106.300, 2040749,1386 181 75tt22.eB84 20407878662 t82 751157.0757 2040T7i,4561 183 751t5E.7B86 20407808136 161 751122.1094 2070787.%88 765 7517032852 2010753.7489 _ 18E 7510712573 2040748.0292 2 787 751045.0354 2040726.4627 18E 750874.6116 20407578817 t% 750807.9784 2040761 Ji212 127 PM NORTHING FPS'fING 70 750862.9337 2040740.9880 71 75084fi.6440 20407278179 r 750832,3,58E zo7071 t3800 73 750763.7786 2040636.8788 74 750665.8E 1e 2Da0.,728407 76 750400.5882 20402812713 n 7so4o5..39e zD7ozz3.4569 7e 750385.9202 20401 %.5526 74 750376.750E 2040162.%,91 BO 750420.W23 2040170.0702 B1 750435.7332 204021E2427 82 75043b8559 2040256.6751 B3 750438.6483 2040287.4538 e4 7sD44o.eso5 20400562%4 % 7so36s.oeee 20.0041.5%2 BE 750321.1582 2070075.1887 87 75032E.945E 2040018.8578 % 7503118026 2038876.%10 86 750340.848E 2D3996520/8 BO 750420.7874 2070013.8988 91 7503782834 2038857.3116 92 750317.9218 2039906.4221 93 750318.9826 2038928.61% 94 780283.0801 2039967.7273 % 750282.0181 2038966.9568 % 7502882883 2038880.0780 97 750281.7811 2040025.4847 % 750?95.7/61 2040082.3239 66 750.'+12.6248 20401182825 200 750325.861E 20401308768 201 76033481% 20401468089 202 760364J9499 20401BIM28 203 )503808458 2040209.%06 204 7503722849 20402352834 205 75os96.964fi 2040258.1118 206 750389.1049 2010251.8848 207 750382 U% 20+0298.1768 206 750383.0429 2D403572547 206 750~3.OB48 2040412.8838 10 a5010B.18H 20104448590 .. 182 ~ 183 1~ I 1 181 ~" L1oe N63'2898•E 36.ar /.: :.-- S/~ °°" S`"~E SECTION 404 WETLANDS SURVEY FOR: FAP. JJ.P. °~~" ~°~~ ARMY CORPS OF ENGINEERS -0ESO41Rg6 Erw~aL.r7~.11as:x~EV LOUIS STEPHENS DRIVE & MORRISVILLE PARKWAY EXTENSION; 3 OF 3 cARY, WnIQ: COUMY, NOFTr cAtiouru Submitted Gy URS Corporotlon -North Corollna 1600 Perimeter Park Orhe Morrisville. North Caro!!no 27560 Tt'yfR1pl.E 1919) 467-1100 FAx 1979) 461-td16 COPYRI(}ff ®2000. Lf75 BRAT ICI•l IhC. Trr~v ~~ ~~~~ A lferracon Company ENGINEERING -SURVEYING -PLANNING 5246 GREEN'S DAIRY ROAD, RALEIGH ,N.C.1~E16 (919) &Ts-2211 , :~~ U.S. AR1~ZY CORPS OF ENGINEERS ~~'... ' °' ~~~ WILMINGTON DISTRICT Rai;EIUr n~,G~;:~,'1~+JnY Fi;l,i t1FFICE Action ]d. 200620573 Couniy: \'~'ake U.S.G.S. Quad: C r NOTIFICATION OF JUR]SDICTIONAL DETERP'IINATION Property Owner/Agent: Town of Cary Attn: Mike Babuin Address: PO Box 8005 Can', NC 27512 Telephone No.: 919-462-3931 Size and location of property (waterbody, road name/number, town, etc.) The property is located east of the exictin~ cecment of Morrisville Park~~~av and extends toward Davis Drive, near Cary in ~'~'ake Counh~, NC and is identified as Morrisville Parkway Extension, Phase 1. Indicate \'~'hich of the Follo~yin~ Apply: _ Based on preliminary information, there may be \\~etlands 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 \\~etlands 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 V~~etlands 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 surve;~ed and are accurately depicted on the plat signed by the Cotps Regulatory Official identified below on May 4, 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 ]344). 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 \\Jashington, NC, at (252) 946-6481 to determine their requirements. Remarks: Corps Regulatory Official: Monte Matthews ~~-,~ ~Jy(~- Date Mav 4, 2006 Expiration Date Mav 4, 2011 Page l of 2 Action ]d. 200620573 Placement of dredged or fill material within ~~~aters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 30l of the Clean ~~'ater Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program; please contact )\7onte Matthews at 919-876-8441 x30. Basis For Determination• Areas on this site exhibit ~~etland criteria as described in the 1987 Corps V1'etland Delineation )\9anual and are adjacent to UT of Crabtree Creek. The property also contains stream channels that exhibit an Ordinary Nigh ~'~'ater)\7ark as indicated by chanoes in soil character and absence or terrestrial vegetation and are h~~drolo~ically connected to Crabtree Creek in the Neuse Riyer 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 33 ] .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 July 4, 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): A FOR OFF]CE 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 "]solated Determination Information Sheet" to the file copy of this form. CF: URS Attn: Ray Bode ] 600 Perimeter Park Drive, Suite 400 Morrisville, NC 27560 ROCLSS ~ND~ ~;`~` .'' '. ' NOTIFICATION OF AD\]1N157IZ~11\ E~.~I'I'1 :~I ~~PTIONS ~,itiDI ~ ~ _ ~ - r .~ REQUEST FOR APPEAL '` ` ~ l' ,: , Applicant: Town of Cary File Number: 200620573 Date: May 4, 2006 Attn: Mike Babuin Att ached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of A ermission i B on PROFFERED PERMIT (Standard Permit or Letter of ermiss PERMIT DENIAL C X APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I -The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information maybe found at htt~//www usace army mil/inet/functions/cw/cecwo/reg or Co s re lations 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 II 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 al] 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: ]f 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 al] 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 DETERMINAT]ON: 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 maybe appealed), by contacting the Corps district for further instruction. Also you may provide new inforn~ation for further consideration by the Corps to reevaluate the JD. SECTION II - RE VEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe ;lour 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 detern~ined is needed to clarify the administrative record. I~'either 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 CONTACT FOR QUESTIONS OR INFOR1ViATlON: 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. Be]], 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. Geor is 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 investi ations. Date: Telephone number: Signature of appellant or agent. DIVISION ENGINEER: Commander U.S. Army Engineer Division, South Atlantic 60 Forsyth Street, Room 9M15 Atlanta, Georgia 30303-3490 p~p~~~ ~1SY ~qRp Rp e Cp In c p0 ~ ~, H W p W iC~, 4 P p a CR, Y MORR a ISy/LLCM CARpCN7C R RD. SITE \ vOPPICNLCC PK`~' uOPRICVILLE P KWy, ~ z PGOPDSED < ~ taOFkISVILLE o N Z GARKWAY N ~ ~ z o gs . c,A Cy Rp NoT Te scALE VICINITY MAP DATUM DESCRIPTION THE LOCAL2EG COOkDINATE SYSTEM DEVELOPED FOR THIS PROJECT IS EASEG ON THE STATE PLANE COORDINATES ESTA6LISHED 8Y 07HEkS FOk MONUMENT 'GPS No.B' WITH NAD 83 S1ATE PLANE GRID COORDINATES OF NORTHING: 750,973.96DIft) FASTING 2,041,12i.4Bafl) THE AVERAGE COM6INED GRID FACTOk USED ON THIS PROJECT (GROUND TO GRID) IS: D X99907459 THE N.C. lAM6ERT GRID GEARING AND LOCALZED HORIZONTAL GROUND DISTANCE FROM 'GPS No.B' TO N.C.G .'CHANDLER' IS N B2° 33' 19' W 3,OD7.121ft) ALL LINEAk DIMENSIONS ARE LOCALIZED HORIZONTAL DISTANCES VERTICAL DATUM USED IS NGVD 29 NOTES: 1. THE DEPICTED WETLANDS WERE FIELD SURVEYED EY THIS OFFICE USING CONVENTIONAL SURVEY METHODS. 2. THE PURPOSE OF THIS SURVEY IS TO DEPICT SECTION 404 JURISDICTION WETLANDS ONLY. 60UNDARY AND PROPOSED ROADWAY LINES ARE BY OTHERS AND ARE SHOWN HERE SOLELY FOR ORIENTATION PURPOSES. I ~ ' ~ I I N.C.G .'CHANDLER' I i r N= 751.3E3.SB6 ~~..~ I I C s E= i.03E,u0.901 ,%~ r--_. j ELEV= 385.53p1) ~ ~ __ 11.1 ~ `7 \\~ ~. .` ,' ~1~ •... ~ 1__--=~ ~'( N= 756.9)3.960 ~. _ ~`;_"~~ f ~ -T--". ~1, ELEV= 353.3gA) \,i,% I ' - - ~~ ( N.C. GRID ~ i l~ ~^ ~"~, ~\I (NAD-83) ~~ . ~. -. ` i~'•, 116 ~ ~ •, ~~ r `/ y 1 ~ /,m~ i ~ !~ __._ I Y r~~ 1~ `--!- ~ I _-~ ~ SECTION 4~ r -i- 'WETLANDS J I j _L-:_1~ ~ / i i I IT_ I I i ~._ i_ - ~; --i -- / ~' 'SEC ~ON 404 j ! iy ;---•~ / 'WETLANDS ~ ,' / I ~____~ / i I i I ''I ;--- ~i I i ~ ~ DAVIS DRIVE .uwslun. E.ECEIVED FEB D 1 2006 RALEIGH REGULI'TORY FIELD OFFICE I, JESSE J. PRICE, PROFESSIONAL LAND SURVEYOR HEREBY CERTIFY THAT THIS SECTION 404 WETLAND SURVEY AND SUBSEQUENT PLANS WAS MADE UNDER MY DIRECT SUPERVISION AND THAT IT IS CORRECT TO jryE; BEST OF MY KNOWLEDGE. .:~ :~- 220 F ~ Z 7-oG N.C. PROF ibfr~•s~,-~°~YOR L-3220 --~~'F .1 c F ~;r NORTH CAROLINA WAKE COUNTY This certifies that this copy of this plat accurately depicts the boundary of the jurisdiction of Section 404 of the Clean Water Act as determined by the undersignetl on this date. Unless there is a change in the law or our published regulations, this determination of Section 404 jurisdiction may be relied upon for a period not to exceed five years from this date. This determination was made utilizing the 1987 Corps of Engineers Wetlands Delineation Manual.{r/^j ~,t ~'I~1 Regulatory Official: /-1- ~ / ~ccV• H ~--- Title: ~ - J r~2F r . .~_~_ Date: 2 c~D G USACE Action ID:_~ ~ 2.o.t~7~ GRAPHIC SCALE 9 aso soo (( IN~ 1 inch = 500 ft. Submltied by URS Corporofhm - North CorWlno 1600 Perlrneter Pork Drive Morrisville, North Corollno 27560 TELEPwONE (9t9) s61-1100 FAk (919) a6~-t~t5 GOF YRIGMT (~1 2000. URS CORPORATION, INC. D,ii~ ,5~~, SECTION 4D4 WETLANDS SURVEY FOR: ~G.K¢1 •lJ.P el ARMY CORPS OF ENGINEERS ESP ASSOCIATES, P.A. {f SCFW/Kr1~ ~TV,NO~o[urlECnonsunvEV MORRISVILLEFARKWAYEXTENSION engineering•surueying•planning vec PHASE ONE _ 961 Trinity Road 1 OF L CARP, WAKE COUNTY, NQFiTH CAROLINP. - Rale4gh, NC 29607 (919) e5~-9200 Coordinate 1aDle Coordinote ' Pt Northino EcHin Pl SDO 15130).7210 2Daa069.G795 536 501 15133 1.3322 2055008.6644 537 502 7513E 5,8341 2Ga4077.5774 538 503 757360.822E 2G<aD9E.5354 539 504- 5t3Et.OS07 2055171.1461 540 505 506 75737 1.25)9 ' 2045241.7693 541 507 51370.5477 75730E 2986 2055 J15.26b4 2055315 3319 Coordina te ' SOB . 751250.6696 . 2055313.2043 Ft 509 i5t22a.E000 2055329.1306 542 510 157209.2222 2044352.6904 543 ' 511 757198.024) 2054303.2935 544 512 151170.1856 2055329.6915 545 513 7511 18.61 05 2055374.51 Z2 546 514 755180.7897 2055390.0439 547 ' 515 i5atE5.t016 20aaa02.E730 548 516 75121 i.E119 20aaaG3.6627 549 `17 757208.3029 205542E.2724 550 518 75121 c,1909 2055567.7876 551 515 7St 212.5331 205 <48L7a45 552 `20 -51204.7359 2055477.5685 SSJ 751 3E3.7653 2055055.8911 521 751168.9203 2Da<55C.5355 554 7S 525.7768 2055051.0071 `22 75120t.0E2t 2054510 6871 555 757445.7854 2045055.3950 523 755219.5589 205551 E.2089 556 751 a7G.3t66 2054071.6030 524 757270.0%B 2Ga5551 5924 557 75taS2.6605 20aa06E.6024 525 757278.1720 20445E2.7875 556 757502.)357 2055061.0625 526 157178.5506 2Da5556.a165 559 751545.067E 20550726853 527 751181.7190 2C555E9.3295 560 757559.9720 20oa08E.0a07 528 751798.9E SB 2055553.7571 561 75156E ES70 20aa0E_'.6049 Coordin ote Table 562 7515Ea.J972 2054122.2571 Pt Northin Eastin 563 564 751579.0990 751600 4241 2645130.3150 20a4134 ab44 `29 757511.345E 2054758.5724 565 . 7576)8.9791 . 20x4131 7667 530 7S7a7i.E32e 2044785.57)1 566 751E50.1795 . 2054120 9063 `31 751558.6873 2054203.9679 567 751829.2089 . 2055120.8700 532 75Ua7.t773 2055224.7547 56e 751602.2b48 2044721.9742 533 7515826092 2055255.5270 569 757562263) 20N115.9222 534 751502.9702 2055 26E.1749 570 751 582.3039 2045090.9505 535 7515aE.5E29 2055201.7485 571 751567.850) 2045065.7898 1, N.C. GRID ~' O (NAD-83) 523 Z N ~.- ..~ LINE FEARING DISTANCE LINE FEARING DISTANCE LINE BEARING DISTANCE L1 NSa'O6'S4"E 53:29' L38 57979'52"W x5.51' L57 NOa'15'0TW 3E.66' L2 L3 554'52'08"E 516'0552"W 78.95' x2.01' L39 Lao Na3'2b'a2"w NE5'SO'19"W 36.36' 256.77 L58 L59 Nn'03'a5"E 528'43'36"W 21.73' 16.77 L4 583'03'55"W 3x.07' L41 NOC35'S1"W 34.21' L60 NE2'77'Ot'W 19.56' L5 Nb5'a3'05"w 20.22' lag NOE'02'a6"E 27.66' L61 N0716'40"W 19.14' LE N32't7'06"W 3a.ab' L43 NGO'OS'47"E 21.57 L62 523'05'178 31.06' L7 N3a'20'aTW x7.86' lax NG720'Sa"w 26.95' L63 N00'0T5TE 22.16' Lb 553'09'51'8 37.83' L45 519'25'16"W 21.21' l64 S35'2a'38'W 16.45' L9 SG3'DE't4"w 66.47 Lab 589'51'03"E 23.97 L65 505'24'06'8 25,90' L10 SG7'3E'39"W 53.76' la7 N59'a7'00"E 29,12' L66 N2a'36't9'E 25.15' L11 N6a'13't2"w 55.01' Lab 57725'.50"E 23.65' L67 S03'72'S2'W tb.84' L12 N22'S550"E 75.25' Lag 516'52'57"E 53.54' L68 Nob'a9'02'E 33.07 L73 NOE'2E'S0"E 35.26' L50 552'73'OS'W 15.79' L69 N03'29'1TE 3~.2T L1a N59'36'3TE 31.25' L51 50E'o509'E 22.57 UO NOE'Sb'S0'E 37.59' L15 NE9'39'44'E 72.61' L52 N3J'4E'30'E 29.51' L76 NbE'S525"W 70.75' L53 511'56'58"W 2L52' 506 L Lt7 Sba'a7'12"E 73.80' LSa N06'a2'a3"W 51.84' L18 500'02'24"E 62.25' L55 500'25'26'8 35.17' L19 S02'OE'S2"w 57.67' L56 N00'S0'S0"E 51.58' L20 531'37'05"E 30.38' L21- 556'44'59"E 28.41' L22 N80'3Tt5'E 51.58' 534 L23 569'15'53'8 26.29' 03 533 L24 Nia'35'42"E 50.99' L25 585'09'52"E 15.51' `' L26 N79'00'12`E 37.15' v ~ r se° L27 515'04'57"E 34.61' ~ L28 N52'S4'42"E 13.41' - 532 l29 55E'1t'05"E 3b.00' - .v.~ 1c. '"- y'~ ~~ L30 518'11'35"W 15.88' 95 ~ ~ ~„~ ~- ' ~ L31 585'08'51"W 31.07 , , ~ f t ~- . 531 .~ ~ x L32 N6a'a5'00'W 52.77 ~ - 6 _ -:n ~ ,. ~ ~ L33 NE3'a0'12'w 3,,.32' ( . . _ ~ .~F_-° 530 a L34 558'38'50"w 32.38' , L35 567'x9'27"W 41.90' ~ ~' \ • i 504 i J l36 S71'Ob'S2'W 13.34' 529 ~u -Wa L37 SE2'03'49`W 15.78' - svcnnrv xm wcn 5tin 5oc5. 565 L57 564. E,aaE 50 FT 10.15 ACRES o ~ X61 550 L63 54! 70 L61560 (y 561 559 L69 556 ~' L48 Aso 57,. - L9 -- t 0 f ~ 9,: y-T 541 L13 ~~`' /. ('`. SECTION 404 WETLAND AREA: 4,197 50 FT 10.10 ACRES 547 _.._ - 50'e 066 556 L67 555 L68 f 544 5(2 STREAM ~ L y 555 ICf`/ 055 -_. tF,d 553 GRAPHIC SCALE '•~ 0 25 50 100 -4EV1510N5- )~ ( 1N F EET ) 1 inch = 50 •L E $Ulf L•t L56 506 517 ~~ _ : ,.. - - 515 :514. ~' 513 510 y~ SECTION 404 WETLAND AREA; 39,774 SO FT / 091 ACRE5 Submltled by URS Corporation -North Coro//no 1600 Perimeter Pork Orlve Morrlsvllle, North Carollno 27560 TELEPHONE (fltfl) 561-7100 FAX (910) 461-1413 COFYRIOHT Q~°.~ 2000. URS GORPORA710N, INC. -06 1•`100' SECTION 404 WETLANDS SURVEY FOR: ~Y `~~~ a, ARMY CORPS OF ENGINEERS .~~Iw,t~ ESP ASSOCIATES P.A. '-D~'"~'T10N$'""~'' MORRISVILLEPARKWAYEXTENSION ~ enginee7-ing.au~-ueying.pZannting SeFT 526 ~ry v ( I, 521 ~ ... 2 OC r1 I PHASE ONE ~ ~~ 981 Trinity Road r G /~ GARY, WAKE COUNTY, NORTH CAROLINA Raieagh, NC 27809 (918) 858-9200 ENG FORM 4345 -APPENDIX B APPENDIX B: MITIGATION LETTER FROM NCEEP Town of Cary Morrisville Parkway Extension Phases Ic, 11, & IId Appendix B 11-21-'86 13:29 FROM-DENS EEP 9197152001 T-399 Pt~2/02 U-978 Y - ~! os stem PROGRAM November 21, 2006 Russ Overton Town of Cary PO Box 8005 Cary, NC 275]2-8005 Project: Morrisville Parltway Extension, Phases Ic, II, and IIId ~''_ ~~~~ ;RALEIGH R'r;i ~ :.a'-'Ohs DEL) ter FICE County: V~'ake The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) is willing to accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that the paymont 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 NC EEP will be approved. This acceptance is valid for six months from the date of this letter. }s we have not received a copy oP the issued 40~ Permit/401 CertifScation vt~ithin this time frame, this acceptance vrill expire. It is the applicant's responsibility to send copies of.the 404/401/LAMA permits to NC EEP. Once NC EEP receives a copy~of the 404 Permit and/or the 401 Certification an invoice will be issued and payment must be made. Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following table. River Bssin Wetlands Stresm Buffer Buffer Cataloging (Acres) (Linear Feet) Zone 1 zone 2 Unit (Sq. Ft.) (Sq. Ft.) fii Arian Non-Ri Arian Coastal Marsh Cold Cool Warm Neuse 1.34 0.32 0 0 0 295 13,841 9,687 03020201 Upon receipt of payment, EEP will take responsibility for providing the compensatory midgadon for the permitted impacts up to a 2:1 mitigation-to-impact ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amoun[ of the compensatory mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or CAMA Permit. The mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998. If you hsve any questions or need additional information, please contact Kelly William§ at (919) 716-1921. Sincerely, •~"~"v 1~ tlliam Crilmore, E Director cc: Cyndi Karoly, Wetlands/4Q1 Unit Monte Matthews, USACE-Raleigh Eric Kulz, DWQ-Raleigh Charles 13enton, agent (fax) File ~~r ~ R.e~tovr,~t~... ~ ... Pvot~ D~.rv sta.t~ ~ ~ North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.neeep.net