20091141 Ver 1_More Info Received_20091030

McGill
A S S O C I A T E S
October 29, 2009
Ms. Tasha Alexander,
Asheville Regulatory Field Office
US Army Corps of Engineers
151 Patton Avenue
Room 208
Asheville, NC 28801-5006
Ms. Cyndi Karoly, Supervisor
401 Oversight and Express Permits Unit
1650 Mail Service Center
Mail Service Center
Raleigh, NC 27699-1650
Dear Ms. Alexander and Ms. Karoly:
0 ? - o4
PAI
u
0 C T 2009
DENR - WATER QUALITY
WETLANDS AND STM WATER BRANCH
Re: 404/401 Permit Application for the
City of Lenoir: Greenway Trail
Caldwell County, North Carolina
Per the letter received from Ms. Karoly dated October 27, 2009 please find attached the
revised 404/401 permit applications for the City of Lenoir: Greenway Trail project located in the
City of Lenoir, Caldwell County, NC. The City of Lenoir's representative has been added and
the property owner's signature has been obtained. Sorry for any confusion this oversight may
have caused.
Please let me know of any issues or consideration that needs to be addressed to secure
approval for this planned work. I can be reached at phone number 828-328-2024 or email
David.Richmondgmc ig llengineers.com. Thank you for your attention to these applications.
Sincerely,
McGILL A O TES, P.
DAVID E. RICHMOND, P.E.
Enclosure
DER/war
F:\05921 LENOIR GREENWAY\05921 LENOIR GREENWAY\02_Design Phase\404-401
Permit\DWQ_Response Letter 10_29_09.doc
E n g i n e e r i n g P l a n n i n g F i n a n c e
McGill Associates, P.A. • 124019'h Street, Lane NW. Hickory, NC 28601
828-328-2024 • FAX.- 828-328-3870
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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 16
1. Processing fiance
1 a. Type(s) of approval sought from the
Corps:
? Section 404 Permit El Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 13 or General Permit (GP) number:
1 c. Has the NWP or GP number been verified by the Corps? 13 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 E 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
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes No
2. Project Information
2a. Name of project: Lenoir Greenway Trail Phase 2
2b. County: Caldwell
2c. Nearest municipality / town: Lenoir D
2d. Subdivision name: N/A
2e. NCDOT only, T.I.P. or state
project no: N/A 009
3.
UhNK - FR QUALITY
Owner Information WETLAND
S ANDSTORMWATElRBRANCH
3a. Name(s) on Recorded Deed: JAI JALARAM BAPA LLC
3b. Deed Book and Page No. Book #: 1664 Page #: 977 Year: 2007
3c. Responsible Party (for LLC if
applicable):
3d. Street address: 206 Blowing Rock Blvd.
3e. City, state, zip: Lenoir, NC 28645
3f. Telephone no.:
3g. Fax no.:
3h. Email address:
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent 0 Other, specify: Project Owner
4b. Name: Charles Beatty - Planning Director
4c. Business name
(if applicable): City of Lenoir, NC
4d. Street address: 801 West Avenue
4e. City, state, zip: Lenoir, NC 28645
4f. Telephone no.: 828 -757 -2107
4g. Fax no.:
4h. Email address: cabeattyaaci.lenoir.nc.us
5. Agent/Consultant Information (if applicable)
5a. Name: Dave Richmond
5b. Business name
(if applicable): McGill Associates, P.A.
5c. Street address: 1240 19TH Street, Lane NW
5d. City, state, zip: Hickory, NC 28603
5e. Telephone no.: 828 -328 -2024
5f. Fax no.: 828 -328 -3870
5g. Email address: [e-mail]
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): 2759288086
1 b. Site coordinates (in decimal degrees): Latitude: 35.916414 Longitude: -81.524197
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: 2.63 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to Zacks Fork Creek
proposed project:
2b. Water Quality Classification of nearest receiving water: C
2c. River basin: Catawba River
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:
Currently a Days Inn owns the property adjacent to Zacks Fork Creek. The lot is mainly asphalt parking with some
stream buffer along the overbanks of Zacks Fork Creek.
3b. List the total estimated acreage of all existing wetlands on the property:
0.0 Acres
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
300 feet
3d. Explain the purpose of the proposed project:
The City of Lenoir is proposing to utilize a NCDOT culvert to pass their Phase 2 of their Greenway Trail system
underneath Hwy 321.
3e. Describe the overall project in detail, including the type of equipment to be used:
Currently, The City of Lenoir is proposing to utilize a NCDOT Box Culvert to pass their proposed greenway trail
underneath Hwy 321. The NCDOT culvert is a four (4) barrel - 14'x12' box culvert that is currently only utilizing the
center two (2) barrels for base flow. The two (2) outer barrels have been filled with sediment overtime to a depth of
approximately 3 - 3.5 feet deep.
The City of Lenoir is planning on removing the sediment in the right side barrel (looking downstream) in order for
residents to safely pass underneath Hwy 321. While McGill Associates cannot dictate means or methods for removal of
the sediment, we expect hand shovels and wheel barrows, as requested by NCDOT, to be utilized for removal of the
sediment in the box culvert. All sediment removed from the culvert will be directly loaded into a dump truck and disposed
of properly.
In order for residents to gain access to the NCDOT culvert for greenway purposes, a small ramp will be constructed down
and up out of Zacks Fork Creek to the floor of the culvert utilizing the overbanks inside of the creek channel. Stabilization
measures will be incorporated into the bank to prevent further bank erosion and future soil loss from occurring due to
increased foot traffic along the greenway trail. Stabilization measures will consist of concrete block and the establishment
of the native riparian vegetation once construction is complete.
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:
? Yes No ? Unknown
4b. If the Corps made the jurisdictional determination, what type
of determination was made?
? Preliminary ? Final
4c. If yes, who delineated the jurisdictional areas?
Name (if known): Agency/Consultant Company:
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past? ? Yes No ? Unknown
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project? ? Yes No
6b. If yes, explain.
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
? Wetlands 0 Streams - tributaries ? Buffers
? Open Waters ? Pond Construction
2. Wetland Impacts: N/A
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Temporary T
W1 ? P ? T ? Yes ? Corps
? No ? DWQ
W2 ? P M T ? Yes ? Corps
? No ? DWQ
W3 ? P ? T ? Yes ? Corps
? No ? DWQ
W4 ? P ? T ? Yes ? Corps
? No ? DWQ
W5 ? P ? T ? Yes ? Corps
? No ? DWQ
W6 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number - (PER) or (Corps - 404, 10 stream length
Permanent (P) or intermittent DWQ - non-404, width (linear
Temporary (T) (INT)? other) (feet) feet)
S1 M P ? T Bank Stabilization Zacks Fork PER
? INT Corps
? DWQ 15 80
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 80
3i. Comments:
4. Open Water Impacts: N/A
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individual) list all open water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number - (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary T
01 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction: N/A
If and or lake construction proposed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or purpose (acres)
number of pond
Flooded Filled Excavated Flooded Filled Excavated Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
? Yes ? No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
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) or for Stream name mitigation (square feet) (square feet)
Temporary T impact required?
B1 ?P?T ?Yes
? No
B2 ?P?T ?Yes
? No
B3 ? P ? T ? Yes
? No
6h. Total buffer impacts
6i. Comments:
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Several options were considered to safely pass pedestrians across/underneath Hwy 321 while navigating the greenway
trail system. Utilizing a traffic light was not feasible due to the amount of traffic present on Highway 321 at any given
time. A causeway would have been too expensive for the limited budget available for the project. Therefore, utilizing the
overflow barrel of the NCDOT culvert was deemed the best option.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
All construction efforts will be performed from the banks of Zacks Fork Creek. No machinery will enter the stream bed for
any purpose. All sediment removal will be performed with shovels and wheel barrows, per NCDOT request, and loaded
in the back of a dump truck and disposed of properly. The Toe stabilization measures will be installed with filter fabric on
the backside of the structure in order to prevent water and sediments from piping through the structure and causing
additional bank erosion once installation is complete. Native riparian vegetation will be planted in all disturbed areas
once construction is complete.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State: N/A
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State? ? Yes No
2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps

2c.
If yes, which mitigation option will be used for this
project? ? Mitigation bank

El Payment to in-lieu fee program
? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank: N/A
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter) Type Quantity
3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program: N/A
4a. Approval letter from in-lieu fee program is attached. ? Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan: N/A
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ: N/A
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? ? Yes No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.

Zone 6c.
Reason for impact 6d.
Total impact
(square feet)
Multiplier 6e.
Required mitigation
(square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments:
E. Stormwater Management and Diffuse Flow Plan (required by DWQ) : N/A
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified ? Yes No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
? Yes ? No
Comments:
2. Stormwater Management Plan: N/A
2a. What is the overall percent imperviousness of this project? 0%
2b. Does this project require a Stormwater Management Plan? ? Yes No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
All stormwater runoff will be directed into grassed lined swales that will eventually flow into designated wetlands.
? 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: N/A
3a. In which local government's jurisdiction is this project?
? 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: N/A
? Coastal counties
? HQW
4a. Which of the following state-implemented stormwater management programs apply ? ORW
(check all that apply): ? Session Law 2006-246
? Other: Local Stormwater
Program
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? ? Yes ? No
5. DWQ 401 Unit Stormwater Review: N/A
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
letter.) ? Yes ? No
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ? Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
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?
El Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted. ® Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
http://www.saw.usace.army.mil/Vv'ETLANDS/esa
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? TO Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
http://ocean. floridamarine.org/efh_corallims/viewer. htm
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?
http://www.h po.dcr.state. nc. us
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ® Yes ? No
8b. If yes, explain how project meets FEMA requirements: A FEMA No-Rise certification has been submitted to the State of
NC and has been accepted
8c. What source(s) did you use to make the floodplain determination? We aquired the Current Effective Model from the State
of NC Flood Mapping Program and performed our No-Rise analysis.

Applicant/Agent's Printed Name Applicant/Age Signature Date
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
?15?7- ?I(??