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HomeMy WebLinkAbout20160670 Ver 2_401 Application_20180318'J MCADAMS NATIONWIDE PERMIT 39/GC 4139 > YMC-17020 March 21, 2018 Ms. Tasha Alexander U.S. Army Corps of Engineers Raleigh Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 RE: Nationwide Permit 39/GC 4139 Poole Family YMCA — Greenway Modification Garner, Wake County, North Carolina USACE Action ID: SAW -2015-01777 DWR Project #: 16-0670 V2 YMC-17020 Dear Ms. Alexander and Ms. Higgins: Ms. Karen Higgins NC Division of Water Resources 401 & Buffer Permitting Branch 512 N. Salisbury St. Archdale Bldg. 9th Floor Raleigh, NC 27604 On behalf of YMCA of Raleigh, Inc., we are applying for a Nationwide Permit 39 from the US Army Corps of Engineers (USACE) and a Water Quality Certification 4139 and Riparian Buffer Authorization from the NC Division of Water Resources (DWR) for additional, proposed impacts to jurisdictional waters and Neuse buffers associated with the project known as Poole Family YMCA, which included a greenway connection to White Deer Park. The project area is located within the Neuse River Basin on the northwest side of Aversboro Road across from Old Scarborough Lane in Garner, North Carolina. The greenway connection was originally permitted as an 8 -foot wide trail with a boardwalk crossing of the wetland and stream. Upon planning construction of the greenway trail, McAdams engineers discovered a conflict with installation of boardwalk over the sanitary sewer easements. Patrick Paine with the Public Utilities Department of the City of Raleigh explained that piles to support the boardwalk cannot be located within their easement. Therefore, the greenway has been re -designed to be constructed on fill across the two sanitary easements. The section of the greenway trail crossing the stream and wetland area located outside the easement will be constructed as a boardwalk. The Town of Garner also required the greenway trail to be widened to 10 -foot wide to conform with their standard greenway specifications. The following attachments are included as part of this permit application: > Pre -Construction Notification > Fig. 1 - USGS Quad — Garner > Fig. 2 - Wake County Soil Survey (Sheet: 78 & 86) > Fig. 3 — Impact Map - Overall creating experiences through experience 1 of 2 'J MCADAMS NATIONWIDE PERMIT 39/GC 4139 > YMC-17020 > Fig. 3 - Impact Map — Inset 1 > Fig. 3 - Impact Map — Inset 2 > USACE Preliminary Jurisdictional Determination (Action ID SAW -2015-01777; dated August 12, 2016) > NC DWR Stream Buffer Determination (NBRRO# 15-323; dated August 3, 2015) > USACE Nationwide Permit Verification (Action ID SAW -2015-01777; dated August 12, 2016) > NC DWR 401 WQC & Buffer Authorization (DWR Project # 16-0670; dated July 20, 2016) > Patrick Paine, City of Raleigh Public Utility Department Email (dated February 2, 2018) > Greenway Trail Vegetated Swale Calculations > Raleigh USFWS Letter (dated February 26, 2018) > Signed YMCA Agent Authorization Form > Signed Town of Garner Agent Authorization Form > $240 Check for Permit Review Fee (DWR only) Consideration of this project is greatly appreciated. If you should have any questions or require additional information, please do not hesitate to contact me at (919) 361-5000. Sincerely, MCADAMS Jennifer Burdette Senior Environmental Consultant cc: Tim Carr, YMCA of Raleigh, Inc. (via Tim.Carr@YMCATriangle.org) creating experiences through experience 2 of 2 O�OF W A -rf? �.S.' n Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Page 1 of 11 PCN Form — Version 1.3 December 10, 2008 Version Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ®Section 404 Permit El Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ® Yes ❑ No 1d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ® Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ® No For the record only for Corps Permit: ❑ Yes ® No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes ® No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h below. ❑ Yes ® No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: Poole Family YMCA — Greenway Modification 2b. County: Wake 2c. Nearest municipality / town: Garner 2d. Subdivision name: NA 2e. NCDOT only, T.I.P. or state project no: NA 3. Owner Information 3a. Name(s) on Recorded Deed: Town of Garner 3b. Deed Book and Page No. DB 008713 PG 01826 3c. Responsible Party (for LLC if applicable): Rodney Dickerson, Town Manager 3d. Street address: P O Box 446 3e. City, state, zip: Garner, NC 27529-0446 3f. Telephone no.: 919-773-4420 3g. Fax no.: NA 3h. Email address: tchalk@garnernc.gov Page 1 of 11 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ® Other, specify: Greenway Developer 4b. Name: Tim Carr, SVP of Property, Facilities, and Risk Management 4c. Business name (if applicable): YMCA of Raleigh, Inc. 4d. Street address: 801 Corporate Center Drive, Suite 200 4e. City, state, zip: Raleigh, NC 27607 4f. Telephone no.: 919-719-9622 4g. Fax no.: NA 4h. Email address: Tim.Carr@YMCATriangle.org 5. Agent/Consultant Information (if applicable) 5a. Name: Jennifer Burdette 5b. Business name (if applicable): McAdams Company 5c. Street address: 2905 Meridian Parkway 5d. City, state, zip: Durham, NC 27713 5e. Telephone no.: 919-287-0743 5f. Fax no.: NA 5g. Email address: burdette@mcadamsco.com Page 2 of 11 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 1710035130 — Greenway Connection to White Dear Park1710138336 — YMCA Site 1 b. Site coordinates (in decimal degrees): Latitude: 35.681901 Longitude: - 78.622342 (DD.DDDDDD) (-DD.DDDDDD) 1 c. Property size: --13.9 acres — YMCA Property --0.56 acres — Offsite Greenway Connector 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Reedy Branch — Stream Index: 27-43-7-(2) proposed project: 2b. Water Quality Classification of nearest receiving water: WS -III; NSW; CA 2c. River basin: map is available at Neuse - 03020201 http://h2o.enr.state.nc.us/admin/maps/ 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: Construction on the YMCA facilities permitted in 2016, consisting of high density develop on the upland area of the property, is nearly complete. Riparian buffer and wetland areas located along the southern property boundary were avoided and remain forested. Clearing of the offsite sewer easement, over which the greenway is planned, has also been completed. Areas of the proposed greenway trail outside of the easement consist of an existing sanitary sewer easement and forested wetlands and upland areas. Land use in the vicinity of the project consists of residential subdivisions and forested areas from undeveloped parcels and White Deer Park. 3b. List the total estimated acreage of all existing wetlands on the property: --0.97 acres — YMCA property —0.12 acres — Offsite Greenway Alignment 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: —1,507 linear feet — YMCA property —104 linear feet — Offisite Greenway Alignment 3d. Explain the purpose of the proposed project: The purpose of the original project was to construct a YMCA facility to meet the recreational needs of Garner that did not exist in this area. It consisted of construction of the YMCA facility and associated infrastructure including parking, utilities, stormwater management and a greenway trail. 3e. Describe the overall project in detail, including the type of equipment to be used: The original project consisted of the construction of a full-service YMCA facility, including an outdoor aquatics center, multiuse play field and greenway, and the associated infrastructure (i.e. roads, parking, utilities and stormwater management). Retaining walls were utilized to stabilize site fill for the outdoor aquatics center and parking lot to minimize impacts to waters of US and riparian buffers. Although the greenway trail connection to White Deer Park was included in the original application for the facility, construction of the trail will be completed separately. The alignment of the trail remains the same as it was permitted; however, the width of the trail was increased from 8 feet wide to 10 feet to conform with standard greenway specifications for the Town of Garner. It was permitted as a boardwalk across the wetland and buffered stream. Unfortunately, two sanitary sewer easements join a common manhole in the area where the greenway crosses the wetland. Because the City of Raleigh does not allow pilings to be driven within the sanitary sewer easement, construction of the greenway trail has been changed to fill across the Y formed by the two easements. The portion of the trail crossing the stream and adjacent wetland outside of the easements will be constructed as a boardwalk. Please see Figure 3 Impact Map for the overall view showing the greenway trail in relation to the facility and location of the insets. Figure 3 Impact Map Insets 1 and 2 show the detailed impacts required to construct the greenway. Standard construction equipment will be used to complete the earth moving such as excavators, bull dozers etc. Page 3 of 11 PCN Form — Version 1.3 December 10, 2008 Version 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ®Yes El No El Unknown project (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type ®Preliminary El Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: WithersRavenel Name (if known): Troy Beasley Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. David Shaeffer with the Corps approved the delineation in an email on September 23, 2015, and Tasha Alexander issued a preliminary jurisdictional determination along with the issuance of NWP 39 on August 12, 2016 (AID SAW -2015-01777). NCDWR issued a buffer determination for the YMCA property on August 3, 2015 (NBRRO# 15-323). The only feature depicted within the off-site greenway alignment is the downstream portion of Feature A that was determined to be subject to the buffer rule as part of the YMCA determination. 5. Project History 5a. Have permits or certifications been requested or obtained for ® Yes ❑ No ❑ Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. The attached NWP 39 was issued for the YMCA facility and off-site greenway on August 12, 2016. NCDWR issued the attached General Certification 3890 and a Buffer Authorization for the project on July 20, 2016. All impacts approved by the previous permit/approval have been completed except for the temporary wetland and riparian buffer impacts associated with construction of the greenway trail. Details of these impacts and the proposed impacts are provided below. The revised impact quantities for the new greenway design are provided in Section C — Proposed Impacts Inventory. Previously Approved/Not Completed Revised Proposed Impacts Impact 1 — 1,703 sf Zone 2 buffer Impact 1 — 98 sf Zone 1 buffer (net increase = 98 sf) 1,874 sf Zone 2 buffer (net increase = 171 sf) Impact 6 — 1,273 sf Zone 1 buffer Impact 6 — 2,252 sf Zone 1 buffer (net increase = 979 sf) 1,009 sf Zone 2 buffer 2,320 sf Zone 2 buffer (net increase = 1,311 sf) Impact 8 — 0.042 ac temporary wetland Impact 8 — 0.069 ac permanent wetland 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. Page 4 of 11 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ® Wetlands ® Streams - tributaries ® Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non -404, other) (acres) Temporary T -1T Impact #8 El Yes ® Corps W1 ® P F greenway trail Headwater Forest ®No ❑DWQ 0.060 fill W2 ® P ❑ T Impact #8 excavation Headwater Forest ® Yes ❑ No ❑ Corps ❑ DWQ 0.009 2g. Total wetland impacts 0.069 2h. Comments: Most of the wetland impact is located within existing sanitary sewer easement that is not forested. However, a small triangle section in the Y of the two easements is forested. The impact number references the number from the original application. The only wetland impact completed from the previous permit was 0.023 acre of temporary impact that was also permanent conversion for installation of the sanitary sewer line. The amount of permanent conversion from the original permit and new permanent wetland impact proposed for the greenway crossing total 0.092 acre. 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non -404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ® P ❑ T Fill UT Reedy Branch ❑ PER ® INT ® Corps ❑ DWQ 3 18 3h. Total stream and tributary impacts 18 3i. Comments: It is important to note that the previous application indicated that the project impacted a UT to Swift Creek, but the stream channels on the project drain to Reedy Branch just above its confluence with Lake Benson (Swift Creek). The stream classification is the same for both surface waters (WS -III; NSW, CA). A boardwalk is proposed for the greenway trail's crossing of the buffered stream. Therefore, the buffered stream channel will not be impacted. The amount of permanent stream impact (115 LF) from the original permit and new permanent stream impact (18 LF) proposed for the greenway crossing total 133 linear feet. Page 5 of 11 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then indivi ually 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 Tempora T 01 ❑P❑T 02 ❑P❑T 03 ❑ PEI T 04 ❑ PEI T 0. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond 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 any impacts require mitigation, then you MUST fill out Section D of this form. 6a. ® Neuse El Tar -Pamlico El Other: Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number — Reason for Buffer Zone 1 impact Zone 2 impact Permanent (P) or impact Stream name mitigation (square feet) (square feet) Temporary T required? 131 ®P ❑ T Impact #1 Greenway UT to Reedy Branch ❑ Yes ® No 98 1,874 B2 ®P ❑ T Impact #6 Greenway UT to Reedy Branch ❑ Yes ® No 2,252 2,320 6h. Total buffer impacts 2,350 4,194 6i. Comments: The impact number references the number from the original application. Buffer impacts for Impact #6 include both sides of the crossing. Page 6 of 11 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The alignment of the greenway trail was selected to cross the wetland area at its narrowest point in the original application. Upon planning construction of the greenway trail, McAdams engineers discovered a conflict with installation of boardwalk over the sanitary sewer easements. Patrick Paine with the Public Utilities Department of the City of Raleigh explained that piles to support the boardwalk cannot be located within their easement, but a boardwalk that sits on the ground would be acceptable (attached). A boardwalk that sits on the ground would require structural support and creates significant maintenance issues and hydraulic impairment. Because the greenway alignment runs within the sanitary sewer easement, there is no way to provide structural support for a boardwalk on the north side of the crossing as originally permitted. To avoid piers within the second easement, it would take a 20 -foot wide span that also creates significant maintenance issues. Therefore, the greenway has been re -designed to be constructed on fill across the two sanitary easements. The section of the greenway trail crossing the stream and wetland area located outside the easements will be constructed as a boardwalk to maintain the hydraulic connection of the wetland and minimize impact to the stream and wetland where it is feasible. A 15 -inch RCP culvert will be installed through the fill to maintain the hydraulic connection. We have over estimated some excavation on the upstream side of the greenway to ensure flow through the culvert. More than likely, a drainage pattern is present in the field that does not show up on the survey. The culvert will be aligned in the field to match the existing drainage pattern in the wetland and may not require any excavation. b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Construction of the greenway trail will be conducted in accordance with WithersRavenel Phase II Erosion Control Plan — West (C5.2-5.3) approved by the Town of Garner. This includes the use of silt fence, tree protection fencing and stabilization requirements of the NPDES Stormwater Discharge Permit to protect downstream water quality from construction. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for ❑ Yes ® No impacts to Waters of the U.S. or Waters of the State? 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps ❑ Mitigation bank 2c. If yes, which mitigation option will be used for this El Payment to in -lieu fee program project? ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: Page 7 of 11 PCN Form — Version 1.3 December 10, 2008 Version 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ❑ warm ❑ cool ❑cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you will have to fill out this entire form — please contact the State for more information. ❑ Yes ® No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 8 of 11 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified ® Yes ❑ No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. Comments: Stormwater from the south side of the paved greenway trail will runoff via sheet flow. A vegetated swale on the north side of the greenway will discharge to the ® Yes ❑ No wetland at a non-erosive velocity (2 ft/s) prior to Zone 2. A vegetated swale on the south side of the greenway has been designed to spread the discharge out to enter Zone 2 diffusely. Calculations showing the stormwater discharge velocity from the north swale are attached. 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 30 % for the entire YMCA facility 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: Three stormwater control measures, including a bioretention area, constructed wetland and wet detention pond, were designed to treat stormwater runoff from the facility. The Town of Garner approved the Stormwater Management Plan for the project. ® Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Garner ® Phase II ❑ NSW 3b. Which of the following locally -implemented stormwater management programs ❑ USMP apply (check all that apply): ® Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ® No attached? 4. DWQ Stormwater Program Review ❑ Coastal counties ❑ HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ ORW (check all that apply): ❑ Session Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ❑ No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ® Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ® Yes ❑ No Page 9 of 11 PCN Form — Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ® No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval 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. The proposed YMCA facility and greenway connection are not anticipated to result in additional development. 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. Wastewater generated from the YMCA facility will be discharged to the City of Raleigh sanitary sewer system. 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? ® 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? The attached regulatory review through USFWS IPaC - Information for Planning and Consultation was completed on February 26, 2018 to update the species information. Two protected species were identified, Red -cockaded Woodpecker (Picoides borealis) and Michaux's Sumac (Rhus michauxii). WithersRavenel did not identify potential habitat for any federally protected species known to occur in Wake County except for the northern long eared bat (NLEB) and determined that the project "may affect, but is not likely to adversely affect" the NLEB. Clearing for the greenway trail was completed with the YMCA facility development; therefore, the proposed greenway trail will have no effect on NLEB. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? The Essential Fish Habitat (EFH) Mapper (https://www.habitat.noaa.gov/protection/efh/efhmapper) was accessed on February 26, 2018. 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? WithersRavenel reviewed the NC State Historic Preservation Office's (SHPO) online database and did not identify any known resources within or in the vicinity of the proposed project as part of the original application. To update this determination, an environmental review request was submitted to SHPO on February 26, 2018. SHPO's response will be provided upon receipt. 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: 8c. What source(s) did you use to make the floodplain determination? NCFLOODMAPS. COM, FIRM Panel:1710; Map Number: 3720171000J, Effective Date: 5/2/2006 Jennifer Burdette 3/21/2018 Applicant/Agent's Printed Name Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant isprovided.) Page 11 of 11 _ Woodland N.Or "r srcK FZd P O w 3 APs. rew �P N WadOpve Berkshire Or c m Q Q. P O` s'qS G o S m i th Or 3 8 m \CA 0 rr �� e 011 Or y B 6 a rP0 O 6 Rand h� a f Park Park Ave 0� IV o �a lOy a 0, a rprrO nev k'iP yc rO F E:clgebrook Dr N 0aYk Kentucky Y Dr ?� � Olt bi a rOr r TiL :�ti� SDr rchrn u n pte05 rn P° 2 C Z o y s o Pine n Eia o .p` Fouth co'P 6 Dr Hurst Park Vandora'P rin95 - r Gamer Park m �� Foley N p� Slwoodp p� o a a Heathe%01 Pr c' °n Dr � y° Bry117s m 0 Southerby Dr 21 V_ 43 l Q C�yi AWrrh,p - - - - - - o Claymore or - E G Trrnber m 2 Or n Timber Dr Torrey t.n O` r U_ h'h ° i " O o ,%� Atchison St �eeko °°'>trndDf E PROJECT AREA �� "e Dr J J G --- 0�St d - n av°\moo November 5� v y Of N A C ° 3 a v n z z 3 LT o ; WCn 0 O v 3 Foxbury G - o ,Pid� m r y r erlrrJ/pP - O J 401 �� d i ir z Q, y _ r o I 4 p L N 9 Ghillio V ti Q N Lake Benson D Dunhavvn Ur p N c 0 rr as Sources: Esri, HERE, DeLorme;, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), Mapmylndia, NGCC, © OpenStreetMap contributors, and'the GIS User F dcl evr ater� Community NOTES: 1. USGS; 7.5 MINUTE, QUAD, GARNER, NORTH CAROLINA; 2013 NATIONAL GEOGRAPHIC SOCIETY 2. LAT: 35.681901 N, LONG: 78.622342 W 0 1,000 2,000 Feet FIGURE 1. USGS TOPOGRAPHIC VICINITY MAP 1 inch = 2,000 feet POOLE FAMILY YMCA- GREENWAY MODIFICATION DATE: 2/26/2018 MCADAMS GARNER, WAKE COUNTY, NORTH CAROLINA JOB NO: YMC-17020 DRAWN BY: burdette X:\Projects\YMC\YMC-17020\Storm\Wetlands\GIS\YMC17020 Fiqure 1 USGS.mxd, 2/26/2018 3:38:35 PM, burdette or ngs i 1 ApB? �. SR, P [02 npC ` APB' 1aC A 2 Cn. p� Cn� 1, -v OL r LaC2 c� AaC2 ! I ^T f Ah(2 AP82 j^ III DuB °d - t u B2 Cn fir Vry I APB2 f EnC? ma V ` Ag EnC2 \ \'� C183 / '7' ./ j '�gB v..\G`,c!Ln 2 ?`,�• \_n)B \ C yG�fi L(IB2 \ ` Wo CeC2 ( A 2 ApC'1 ` CeB2 anf32 Me CfC3 µ� L APC Ce Pay � GeH� CeC2 (� AR'8 t�eG Ce '. Me CIB3 EnB AfA — 9a P/ EnC \' Me _ A APCAPG Ce£2 i/DuC Me EnC CPe CeC2 'L Ld62. Q LoC i Q'� APB �2 WwC CeB: LdC2 j � M Cel lI r1-1 C CeB2 CeC2 � _ CeB2WAP62 ;. ApC . ApF31 i a r �.-[ Cm' n G2 Dui, F'rtBe LoB CeC2 G APB ApC2 Au❑ Cec` ' � f APB p tea: t CeC e + 4402 Ce G rm [ CeC2 CeB2_ yvy CeB2 AnC2 ' `' CIC3 - APB2 APC EnC CeW, PB Gu 3B2 't �iAnG:' ~RpG2, ArB2 A ., AV ,CIC3 1' Q ApC2 QG`ti� 5 __4 Crf CeB2 CeB C C rr e/ C ry Gu 2 M ApC s / m At APB Wh J CeB2 . rr . 0 4 w C' [ �" t .--- - —_ P62 m CeB2 _ ti ApB ' CIBC �r e� CIC3 �1 G 6� G ueI32 CeC P� Ceaz✓'' P` CeB2 A 67 v CeC2 Cm, CeC2 Cci,"r' APB2 eD i Ap�� e a PVC2 m Wy -Cm, CeC2 III In CeCr Q QGt. `� Cin J /1�"Me WMG. APC2 CeC2 �Q�� P Q- Cef3,? U P Sw ApB 1 } 1JIe 4. CeC2 �� LtlC2CeF Ap62 ApB �1 Cm eC y .,,t. i+ APB ,G� r CICLdH" CH -3 1 CIES APB ApB Ce82 CeC2 4 c° I EnC LdC2 I AP132 CeB2 APB /, CeF/end i C¢4 [ ApC2 - - CIC 2 ApB m Me G N APB2 Ln Cn 1 ApC B CeC2 v` AP82 CeHi'. - LdC2 C2 CeC2 r \ CeH2 A sC 1 l> i i p f f� CeD M ew hg Cn ApC a ApD pn '\ I hurch i CeC7 C'n 41.G4 ApC / Ce8 CeC2 CIC3 _ �'` p ' qCeC2 . 9 Wo AP .f m C A <UND>NOTES:</UND> 1. USGS; SOIL SURVEY SHEET [78 & 86]. [WAKE] COUNTY, NORTH CAROLINA 2. LAT: 35.681901 N, LONG: 78.622342 W 0 660 1,320 Feet FIGURE 2. NRCS SOIL SURVEY 1 inch = 1,320 feet POOLE FAMILY YMCA GREENWAY MODIFICATION DATE: 2/26/2018 MCADAMS GARNER, WAKE COUNTY, NORTH CAROLINA JOB NO: YMC-17020 DRAWN BY: burdette X:\Projects\YMC\YMC-17020\Storm\Wetlands\GIS\YMC17020 Fiqure 2 Soil Survev.mxd, 2/26/2018 3:54:07 PM, burdette m 1� WADAMS NJ — - Existing stream feature Existing 1 -ft contours Q Project area 0 Existing wetland — Proposed greenway trail — Proposed stream impact -- Existing riparian buffer Q Proposed boardwalk Q Proposed permanent wetland impact Existing pipe — Proposed storm pipe ® Proposed temporary wetland impact ® Existing riprap — - Proposed easement Proposed Zone 1 buffer impact --- Existing sanitary sewer Proposed 1 -ft contours Proposed Zone 2 buffer impact — Existing easement FIGURE 3. OVERALL IMPACT MAP POOLE FAMILY YMCA GREENWAY TRAIL GARNER, WAKE COUNTY, NORTH CAROLINA 0 100 200 Feet 1 inch = 200 feet VERSION: 3 DATE: 3/21/2018 JOB NO: YMC-17020 DRAWN BY: roth PROJECT AREA Proposed Zone 2 - - - - - - Neuse Buffer impact \ +/- 1,874 sf (131) Proposed�greenway trail Proposed Zone 1 Neuse Buffer impact- _ - +/-98sf(B1) ` j, Zone 2 _ Neuse Buffer - - - - - -Zone-1 \-_-_---- Neuse Buffer - I Existing....pipe % - Existing wetland LIJ = (boundary continues, Existing riprap - - beyond project area)` 51J Buffered intermittent stream' - - - -- - - - - ----___ - ---------------------- It LEGEND i Project area Existing stream feature �\ \`1\ \\ - - - - _ 'Y` `♦ Existing wetland �� _ - �` \` `♦ --- Existing riparian buffer rte__- I `\-------:�_` `♦� Existing pipe 5--' I �♦ , ® Existing riprap Proposed greenway trail Proposed easement �- - Proposed Zone 1 buffer impact Proposed Zone 2 buffer impact 0 J 30 3 FIGURE 3 -INSET 1 Feet POOLE FAMILY YMCA GREENWAY TRAIL 1 inch = 30 feet GARNER, WAKE COUNTY, NORTH CAROLINA VERSION: 3 DATE: 3/21/2018 WADAMS JOB NO: YMC-17020 DRAWN BY: roth X:\Projects\YMC\YMC-17020\Storm\Wetlands\GIS\YMC17020 Figure 3 Impact Map - Inset 1.mxd, 3/21/2018 4:28:21 PM, roth Non -buffered intermittent stream Proposed permanent wetland impact Proposed storm pipe +/- 0.060 ac. (W1) N Existing wetland ,(boundary continues beyond project area) Proposed streak impact Proposed greenway trail .PROJECT AREA �C < - - - - _ -� a�ltc •._ '::. _.. _ '-' _ - -.._.. _. • - -.._'. 'flu All -c r_ y - =-Y. Buffered intermittent stream - _ .:._._, --.. - - - - o :.cr: _� :: - - - -._ _- :: Proposed wetland IN, excavation impact 0.009 ac. (W2) - - - - - - - - - - - Proposed boardwalk - i, ?F i, :•:'.:. i; Zone 1 Neuse Buffer - - - - - - - - - - _ Proposed concrete _- ' _ _ _ _ _ _ _ _ _ _ :-. boardwalk approach ,—,—....�,� ---------- `.\ ,------���-- - - -- - - - - - - - - - - - - - - - - - - Zone 2 � `-- "_y` 1`---- -- - - - - - -- Neuse Buffer - - - - Proposed boardwalk pilings -- - - -- "Proposed Zone 1 - -- - -- - ---- `--- Neuse Bufferjmpact•�� 2,252 sf (132) \\ `-- _ - - '-- ----_Proposed Zone 2 \\\\ - - _ Neuse•Buffer impact +/- 2,320 if(B2)- LEGEND f(B2)_ LEGEND \\ \ Project area O Proposed boardwalk pilings Proposed stream impact - - Existing stream feature — Proposed greenway trail F_l Proposed permanent wetland impact Existing wetland — Proposed concrete boardwalk approach ® Proposed wetland excavation impact --- Existing riparian buffer Proposed boardwalk - Proposed Zone 1 buffer impact — Existing easement — - Proposed easement Proposed Zone 2 buffer impact --- Existing sanitary sewer — Proposed storm pipe 0 15 30 FIGURE 3 -INSET 2 Feet J POOLE FAMILY YMCA GREENWAY TRAIL 1 inch = 30 feet GARNER, WAKE COUNTY, NORTH CAROLINA VERSION: 3 DATE: 3/21/2018 WADAMS JOB NO: YMC-17020 DRAWN BY: roth X:\Projects\YMC\YMC-17020\Storm\Wetlands\GIS\YMC17020 Figure 3 Impact Map- Inset 2.mxd, 3/21/2018 4:31:51 PM, roth ATTACHMENT A PRELIMINARY JURISDICTIONAL DETERMINATION FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR RELIMINARY JURISDICTIONAL DETERMINATION (JD):�,' f B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: YMCA of Raleigh, Inc. 801 Corporate Center Drive, Suite 200; Raleigh, NC 27607 C. DISTRICT OFFICE, FILE AME, AND NUMBER: D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: Project is located at intersection of Aversboro Rd and Old Scarborough Rd in Garner. Wake Co PIN#1710-13-8336 (USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES) State: NC County/parish/borough: Wake county City: Garner Center coordinates of site (lat/long in degree decimal format): Lat. 35.681901 ON; Long. -78.622342 °W. Universal Transverse Mercator: NAD83 Name of nearest waterbody: Swift Creek (Lake Benson) 27-43-(5.5) Identify (estimate) amount of waters in the review area: Non -wetland waters: ± 1,554 linear feet: varies width (ft) and/or acres- Cowardin Class: Riparian Stream Flow: Intermittent Wetlands: ± 1.09 acres. Cowardin Class: Riparian Name of any water bodies on the site that have been identified as Section 10 waters: Tidal: N/A Non -Tidal: N/A 1 E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑✓ Office (Desk) Determination. Date: 9/23/2015 rz f 2- n❑ Field Determination. Date(s): SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply - checked items should be included in case file and, where checked and requested, appropriately reference sources below): ❑✓ Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Martin Richmond - WithersRavenel VData s eets prepared/submitted by or on behalf of the app lica consultant. Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data ❑ USGS 8 and 12 digit HUC maps ® U.S. Geological Survey map(s). Cite scale & quad name: 1:24,000 Garner Quad ® USDA Natural Resources Conservation Service Soil Survey. Citation: Wake County Soil Survey, 1970 Sheet 78 ❑ National wetlands inventory map(s). Cite name: ❑ State/Local wetland inventory map(s): ❑ FEMA/FIRM maps:_ ❑ 100 -year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ❑✓ Photographs: Aerial (Name &Date): IVconeMap - 2013 or ❑ Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): 2 1. The Corps of Engineers believes that there may be jurisdictional waters of the United States on the subject site, and the permit applicant or other affected party who requested this preliminary JD is hereby advised of his or her option to request and obtain an approved jurisdictional determination (JD) for that site. Nevertheless, the permit applicant or other person who requested this preliminary JD has declined to exercise the option to obtain an approved JD in this instance and at this time. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre -construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an approved JD for the activity, the permit applicant is hereby made aware of the following: (1) the permit applicant has elected to seek a permit authorization based on a preliminary JD, which does not make an official determination of jurisdictional waters; (2) that the applicant has the option to request an approved JD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an approved JD could possibly result in less compensatory mitigation being required or different special conditions; (3) that the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) that the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) that undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes the applicant's acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is practicable; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a preliminary JD constitutes agreement that all wetlands and other water bodies on the site affected in any way by that activity are jurisdictional waters of the United States, and precludes any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an approved JD or a preliminary JD, that JD will be processed as soon as is practicable. Further, an approved JD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331, and that in any administrative appeal, jurisdictional issues can be raised (see 33 C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary to make an official determination whether CWA jurisdiction exists over a site, or to provide an official delineation of jurisdictional waters on the site, the Corps will provide an approved JD to accomplish that result, as soon as is practicable. 3 This preliminary JD finds that there "maybe" waters of the United States on the subject project site, and identifies all aquatic features on the site that could be affected by the proposed activity, based on the following information: IMPORTANT NOTE. The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for (REQUIRED) 4 Signat re and date of person requesting preliminary JD 06/10/16 (REQUIRED, unless obtaining the signature is impracticable) A 7 � ((DD O_ = m O -n � 3 C C7 � D a m CL O C% 1-10 N C% v rr O O DOS D52� D �� y DQ in. 3 n Cl (''D Da, Cl (-D D� � ('D as (gy m y� n m Daa 7 C) 3 a) C1 '� D� Z c _Vf _V1 3 Vf 3 V1 3 N � a N 7 a '* Ln r+ m r+ m W•+ N rr m N rr m N = r+ W rt m D cr m m Ln Ln Ln Ul vi 0 Ln Ln T O, O� O, O, CT CT b, =•� O NNO O O 00 O C FA Ln FA co FA OD 0. V WNV V m m V V V V V V V O O 00 00 O 00 00 00 O C W W V 0000 ONO LnN •A (D m � � n IA Dy .� (D 3 1+ 0 1+ 0 r+ U � W 4 %D (p N N V <. O- V O V 00 O m D '••fi X11 .y " }t --h "AS O D °c ( A m r+ o Q z O 7 z O z O z O z O z O O C O C D) to y to m to m to m 7 to m to m to m G' m 0 (D < 7 (D 1n O O O 0 2r (D rA+, m rA+, m rA+, m rA+, m .Art, m rA+, a! rA+, C D m� uo uouo UO �0UO Qo ao = a_ �o sa"0 °'o a0 0 0 0 0 n A 7 � ((DD O_ = m O -n � 3 C C7 � D a m CL O C% 1-10 N C% v f, o GRAPHIC SCALE 0 100 200 1 inch = 200 ft. WHIT ORN DR �L�� L . y ` S*ERS WA L CIRM; Z NNI L � e O 0 Q.47 OQ 't NOTES: Q - 1) WETLAND DELINEATION FOR YMCA PROPERTY APPROVED BY DAVID SHAEFFER WITH CORPS OF. ENGINEERS ON 09/23/15 (AID: SAW -2015-01777). ` - 2) WETLANDS AND STREAM LOCATIONS BASED ON FIELD SURVEY OF DELINEATION. POOLE FAMILY YMCA DELINEATION EXHIBIT 10 WithersRavenet Engineers I Planners I Surveyors GARNER WAKE COUNTY NORTH CAROLINA NACU R North Carolina Department of Environment and Natural Resources Pat McCrory Governor YMCA of Raleigh, Inc. 801 Corporate Center Dr. Suite 200 Raleigh, NC 27607-5243 Determination Type. Ri iffer Call August 3, 2015 Isolated or EIP Call Donald R. van der Vaart Secretary Subject: Buffer Determination NBRRO#15-323 Wake County ® Neuse (15A NCAC 2B .0233) ❑ Tar -Pamlico (15A NCAC 26 .0259) ❑ Ephemeral/Intermittent/Perennial Determination ❑ Isolated Wetland Determination ❑ Jordan (15A NCAC 213 .0267) Project Name: Garner YMCA Location/Directions: Property is located at the west side of Aversboro Rd at the intersection of Old Scarborough Rd. Subject Stream Swift Creek [ Lake Benson I Determination Date: June 29, 2015 Staff: James Graham Feature Not Subject E/UP* Start@ Stop@ Soil USGS /Flag Subject To Survey Topo To Buffers Buffers A X I Approximate throughout X location shown on map S2 B X I S1 Confluence with A C X E D X I S4 chic N Mat'olina rrrll� North Carolina Division of Water Resources 1628 Mail Service Center Raleigh, NC 27699-1628 Phone (919) 791-4200 Internet: www.ncwaterguality.org Location: 3800 Barrett Drive Raleigh, NC 27609 Fax (919) 788-7159 An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper Garner YMCA Wake County August 3, 2015 Page 2 of 2 E X I Approximate Approximate location shown on location shown map on map S5 S5 -A *E/I/P - Ephemeral/Intermittent/Perennial Explanation: The feature(s) listed above has or have been located on the Soil Survey of Wake County, North Carolina or the most recent copy of the USGS Topographic map at a 1:24,000 scale. Each feature that is checked "Not Subject" has been determined not to be a stream or is not present on the property. Features that are checked "Subject" have been located on the property and possess characteristics that qualify it to be a stream. There may be other streams located on your property that do not show up on the maps referenced above but, still may be considered jurisdictional according to the US Army Corps of Engineers and/or to the Division of Water Resources (DWR). This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWR or Delegated Local Authority may request a determination by the Director. An appeal request must be made within sixty (60) days of date of this letter or from the date the affected party (including downstream and/or adjacent owners) is notified of this letter. A request for a determination by the Director shall be referred to the Director in writing. If sending via US Postal Service c/o Karen Higgins DWR — 401 & Buffer Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617. If sending via delivery service (UPS, FedEx, etc.) Karen Higgins DWR — 401 & Buffer Permitting Unit 512 N. Salisbury Street Raleigh, NC 2760. This determination is final and binding unless, as detailed above, you ask for a hearing or appeal within sixty (60) days. The owner/future owners should notify the Division of Water Resources (including any other Local, State, and Federal Agencies) of this decision concerning any future correspondences regarding the subject property (stated above). This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be directed to the Division of Water Resources (Central Office) at (919)-807-6300, and the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-554-4884. If you have questions regarding this determination, please feel free to contact James Graham at (919) 791-4256. 'rs I" pe ttully, Danny Smith Supervisor Water Qua] ity Regional Operation Section Raleigh Regional Office cc: RRO/SWP File Copy Martin Richmond Withers and Ravenel 115 MacKenan Dr. Cary, NC 27511 ;Y ` .•r,._ +el'� :ice � - _ ,: �� - �".-�'� NO �r •} s�`.iFP .,�i. _��Fi f z ;. 4. � "� .41. . ' I - ���4• + � i _ -S ex-, .ori . k -A - - " • r rn 4kj" ir- '-' `�� � ;� • � '' � �1C'�+meq �r � ��,. • . � - �Y k���' >^ h� ., lit10 -Z All ��� �� `` N < , �• .r�� _�,,' � ` a F � },�3;-',ate-tri -, - i_:� l ',e"�'r`,a,�,. �r '��`' Rr ry j� •-4, " - .�y.'`Riq'[ s '3f - v MSR ,�� `- %'s ► '+,� CLu'� _ AV URE A . IP U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID. 2015-01777 County: Wake U.S.G.S. Quad: NC -Garner GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: YMCA of Raleigh, Inc. / Tim Carr Address: 801 Corporate Center Drive Raleigh, NC 27607 Telephone Number: 919-719-9628 Nearest Town: Raleigh Nearest Waterway: UT to Swift Creek Coordinates: 35.6819010 N, -78.6223420 W River Basin/ HUC: Neuse / 03020201 Location description: The project is located off Aversboro Road, Garner, Wake County, North Carolina. Description of projects area and activity: This verification authorizes impacts to 115 LF of an unnamed tributary to Swift Creek and 0.065 acre of wetlands to construct a YMCA facility. The proposcd vroiect consists of the construction of a YMCA facility and associated infrastructure including parking, utilities, stormwater management, and a greenway trail. Fill will be placed in the stream channel for construction of the pool house and narking lot. Stream impacts are permanent. 0.023 acre of wetlands will be impacted temporarily, for a sewer line installation. This area will be permanently converted from forested wetland to herbaceous. 0.042 acre of wetlands will be temporarily impacted during construction of an elevated pedestrian bridge. Applicable Law: N Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number or Nationwide Permit Number: 39 SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information dated July 5, 2016. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide/regional authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide/regional permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide/regional permit. If the nationwide/regional permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide/regional permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide/regional permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide/regional permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Tasha Alexander at 919-554-4884, ext. 35 or tasha.l.alexander@usace.army.mil. Corps Regulatory Official: /ate: August 12, 2016 T�lia Alexander Expiration Date of Verification: March 18, 2017 Determination of Jurisdiction: A. ® Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. 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. C. ❑ There are waters of the US and/or wetlands within the above described project area 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. D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued . Action ID: SAW - Basis for Determination: Based on information submitted by the applicant, the project area appears to exhibit criteria for waters of the U.S. as defined in 33 CFR 328 the JD Guidebooks i.e. Ra anos Guidance),the 1987 Wetland Delineation Manual, and the Regional Supplement to the 1987 Manual: Eastern Piedmont and Mountains v2.0. The approximate boundaries of the potential waters of the U.S. including wetlands within the groiect boundary reviewed are depicted on the man submitted on July 5, 2016 with the PCN labeled Delineation Exhibit, Poole Family YMCA. provided by WlthersRavenel. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B and C 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 following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 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 within N/A. **It is not necessary to s«bnit a i RFA form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: _*der as is A lex Issue Date of JD: August 12, 2016 Expiration Date of JD: N/A The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at 11111)://regulatory.LisacesLirvey.com/. Copy Furnished: Troy Beasely Withers and Ravenel 1410 Commonwealth Drive Suite 101 Wilmington, NC 28403 2015-01777 SPECIAL CONDITIONS Please be advised that if additional impacts to waters of the U.S., either on this property or on/adjacent to this property and associated with this project/activity, are proposed at a later date, those impacts will be combined with the current impacts to waters of the U.S. and will be reviewed cumulatively. Generally, compensatory mitigation will be required if individual or cumulative (i.e., past and present) losses or degradation of waters of the U.S. are greater than 150 linear feet of perennial or intermittent stream channel and/or 0.1 acre of wetland. Additionally, cumulative impacts that result in the loss or degradation of greater than 300 linear feet of perennial or intermittent* stream channel, and/or 0.5 acre of wetland, will be processed under an Individual Permit. This verification of the use of the Nationwide Permit Program for this project does not imply that this office will necessarily approve any future proposal to impact waters of the U.S. on this property and/or associated with this projectlactivity. * The District Commander has the ability to waive the 300 linear foot limit for intermittent streams on a case-by- case basis. All requests for waiver must be in writing and shall include rationale for the request. Disturbed wetland areas should be re -vegetated using a wetland seed mix. Action ID Number: 2015-01777 County: Wake Permittee: YMCA of Raleigh, Inc. / Tim Carr Date Verification Issued: August 12, 2016 Project Manager: Tasha Alexander Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn.: CESAW-RG-R 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date I 1 I� 1 I 1 I I 1 I� I 1 I� 1 I 1 'I 1 LOCATION OF BUFFER IMPACT 5 AND 6 AND 1 WETLAND IMPACT 7 AND 8 1 LOCATION OF BUFFER 1 STREAM IMPACT 1 AND 2 I I Illl ---271 = SCM #3 WETPOND �� ,_, —.�a_ ►, � , fir �1,���� T�� � — —' 1 INTERMITTENT _ _ _ _ _ _ `Vo� NOT BUFFERED , ® I 265 . . • . . . • . . . 265 ` STREAM 3 INTERMITTENT NOT BUFFERED 265 SCM #2 WETLANDZy �. © .1. # y4 STREAM 4 `/ / 1 =� ` 0 STREAM 1 1 2 INTERMITTENT - - ` �- 21 / �� INTERMITTENT C) 25 r `♦tns' i$ I NOT BUFFERED �' -� ��f_ NOT BUFFERED " _ aar r.� ��° � INTERMITTENT ` BIO RETENTION _ _ SCM #1 i I1j ` BUFFERED �^ fes- / - 1 o L - - - -- ` - - - - - - _ 1 28, POND ) - _ STREAM 2 INTERMITTENT I r BUFFERED WHITE DEER I I % '00 -1000, �.jo I PARK I I 1 ` / �I I I IMPACT TABLE IMPACT BUFFER IMPACT STREAMIMPACT WETLAND IMPACT MAP ZONE (SF) (AC) (LF) (SF) (AC) NUMBER 2 1 ZONE 1 0 SF 0 AC. 0 LF 0 SF 0 AC. ZONE 2 1,703.08 SF 0.039 AC. 0 LF 0 SF 0 AC. 2 2 ZONE 1 597.79 SF 0.014 AC. 0 LF 0 SF 0 AC. ZONE 2 293.00 SF 0.007 AC. 0 LF 0 SF 0 AC. 3 3 - 0 SF 0 AC. 115 LF 0 SF 0 AC. ZONE 1 486.93 SF 0.011 AC. 0 LF 0 SF 0 AC. 4 4 ZONE 2 668.28 SF 0.015 AC. 0 LF 0 SF 0 AC. ZONE 1 0 SF 0 AC. 0 LF 0 SF 0 AC. 5 5 ZONE 2 530.06 SF 0.012 AC. 0 LF 0 SF 0 AC. ZONE 1 1,273.00 SF 0.029 AC. 0 LF 0 SF 0 AC. 5 6 ZONE 2 1,009.45 SF 0.023 AC. 0 LF 0 SF 0 AC. 6 7 - 0 SF 0 AC. 0 LF 1,005.77 SF 0.023 AC. 6 8 - 0 SF 0 AC. 0 LF 1840.40 SF 0 .042 AC. TOTALS 6,561.59 SF 0.150 AC. 115 LF 2,846.17 SF = LEGEND r PROPOSED IMPACT AREAS L - J PROJECT INFORMATION: TOTAL ACREAGE: 13.92 AC. REAL ESTATE I.D.:0005627 PIN REFERENCE: 1710138336 EXISTING SURVEY INFORMATION PROVIDED BY WITHERSRAVENEL. GRAPHIC SCALE 80 0 40 80 160 1 inch = 80 ft. E ►] \ \ I \ J i \ C IMPACT 1 \ I v 3 PERMANENT f \ �� 3 ZONE 1: 0.00 SF— — — — �265 un ZONE 2: 1,703.08 SF JJ daI _ ', 255=-:;77 a m -260 ► W W w w _ 50' STREAM 0 W N BUFFER Z OSS Lu u L1L, W J� W ` W W C ` m o Q a N \ Z / U a / \ SCM #3 HIGH ✓ \ > = FLOW BYPASS IMPACT 2 W W W W PERMANENT \ Q �I i i li li W i W • ZONE 1: 597.79 SF W W o w\ ` LLL c I I I ZONE 2: 293.00 SF m o \ \ w Z J STREAM 2 W W W W W �i W /i o / INTERMITTENT P BUFFERED P 2 I i r i r F \ \ O o \ Z J \ a�oo 3T3"o LEGEND m 3 ® ZONE 0 ZONE v o GRAPHIC SCALE c 20 0 10 20 40 ° E > v C 1 inch = 20 ft. z° HC v v cn _ a a ee I _ • a\ I —$$ss _ Imo' � e e e• / - u IMPACT 3 �� /I ° _ ss \ PERMANENT N _ / / _ \ \ \ \ �• / / \ u v Y INTERMITTENT STREAM ' - — .� —_ — — \�� \ \ ss I °'• . : \ 1, 115 LF1.4. 3w�P d ° \ \ '1 ' d A ° Q a W OUSE p� \ \ \ \' ° .. ° �' : ° _ W a ° l �. d I ° U dl/dS_ \\ �� / �C(�Qi / / d'°. ° ° °' .'d< .° d'.ie. • �l a .� 1 is .e I a a ° W Q LL :44 LL A .v• :� je e �� STREAM 3 / / �� °. / ° : : i /: e \ �° 4' s e / o -'_ INTERMITTENT s a L ��� I ° i / °i I I I I I a° NOT BUFFERED /�'�,, / ,' a a ' . a< A. KID POOL ° i i Z I. d• A° I a' O u S ° I I o ° A aP a A.* a / ' ° d° e ° l"r► o i e j a Al I I a/ ° a i j i a Na a �s LEGEND STREAMIMPACT GRAPHIC SCALE 20 0 10 20 40 1 inch = 20 ft. i E \ c Q(cn ..n =jS+� 0 .. a' a e.a c rn STREAM 1 \ / \ w AF, INTERMITTENT l w w ��• —� \ �I \ \III NOT BUFFERED Lu Fn w Q 285 N X p W Z SCM #1 Q H \ \ �. / j// / /�\\ j _ _ _ _ \ \\ • ���� ` 1 BIO -RETENTION POND \ U Lu �— L a SCM #1 280 \ m N / i OUTFALL i If \ a Z i STREAM 2 _ �` IMPACT 4 — �' '! ��—� di/=18d� d1/dS�— INTERMITTENT PERMANENT Z BUFFERED ZONE 1: 486.93 SF — — — — — — —__ — ZONE 2: 668.28 SF ---� ------------------- --- /_ j c c----_ rt---- O o CL ol I/ o LEGEND ZONE 1 ® ZONE 2 GRAPHIC SCALE 20 010 20 40 1 inch =20 ft. ID 255' / \ I / I o STREAM 5 r / WETLANDS , INTERMITTENT \ \ \ U ` NOT BUFFERED IMPACT 5 a PERMANENT �� s ♦ '` - d114S L N = ZONE 1: 0.00 SF ♦ ♦�-\�\ \I- 1J ZONE 2: 530.06 SF r ♦` r _� ` N ELEVATED AFAW+ ` PEDESTRIAN BRIDGE `` _ • . \r r_ r r � / ♦fir r r � �iJ t � � \ EX. t I WETLANDS, r r I I I. I- Q L: o0 Lu — \ \ _ �.�� ♦♦♦ ss -♦� /M o \III I � X + + + x. i r \ i r N r r i r _ � ♦♦ ♦♦ w ++ ♦/ ♦ , J I I V I C) ozS IMPACT 6 r ��� r ♦ r r c_ ,2y1' / I I I- - I` Q Ln PERMANENT _ I I I w F- ... ZONE 1:1,273.00 SF �� - - _ ... — .. - - r ZONE 2: 1,009.45 SF / - - - - rt� - - - - - - I i ' w a — — — ` 255 ♦ ^ \ ♦ — 255 ---_-__ `�♦ \ STREAM �� ll�� �` - Q z \. 1 a�� ♦♦ INTERMITTENT - U — — — — d�ds`dll` ♦♦ BUFFERED ♦ I� o �x\ ♦♦ ss ♦1_ / / STREAM 4 I J -17 — ♦♦_ INTERMITTENT Q o ♦ ♦ NOT BUFFERED 1 LL c `r 2 / ♦ \ ♦ W Z ` / ♦ cP ♦ O o Co \ \ \ /_ / ♦ S ♦ z 0 \ \ ♦ ♦ _ o �36- \ \ ♦♦ ss ♦♦ T3m o 50' STRERAM ♦♦ ' A— \ \ BUFFER ♦♦ ♦ ° 3 v� o LEGEND ® GRAPHIC SCALE ZONE 1 zo o io zo ao `o 0 �e ZONE 2 1 inch = zo ft. Z IMPACT 7 r TEMPORARY WETLAND IMPACT r r 1,005.77 SF 0 STREAM 5— �� INTERMITTENT ` ♦� \�\�� ,�� ` ` ` ` / NOT BUFFERED ELEVATED PEDESTRIAN' ` — — BRIDGE 1 255 2 co — \ �;0I /I--- — — J- It♦♦ IMPACT 8 ♦ TEMPORARY CONSTRUCTION ACCESS ♦♦ WETLAND IMPACT p ♦ 1,840.40 SF __ � ♦r � � r ♦♦ r r r � r \ \� \ � r a ♦♦ : a r Irti�� � / ♦♦ STREAM 2 �♦ / INTERMITTENT BUFFERED ♦♦ h ♦ ♦ L� _ ♦ ♦ 5`�+' jf ♦ 777 LEGEND ® WETLAND IMPACT GRAPHIC SCALE 20 010 20 40 1 inch =20 ft. E E U LL W L T Q X Z Lu Q 00 J 06 H W G� Water Resources ENVIRONMENTAL QUALITY July 20, 2016 YMCA of Raleigh, Inc. Attn: Tim Carr 801 Corporate Center Dr. Raleigh, NC 27607 PAT MCCRORY Govemor DONALD R. VAN DER VAART Secretary S. JAY ZIMMERMAN Director RECETVED JUL 2 n 2016 DWR #16-0670 YMCA OF THE TRIANGLE AREA, INC. Wake County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER PROTECTION RULES (15A NCAC 02B.0233) WITH ADDITIONAL CONDITIONS Poole Family YMCA —Garner Dear Mr. Carr: You have our approval for the impacts listed below for the purpose described in your application dated July 1, 2016 and received by the Division of Water Resources (Division) on July 5, 2016. These impacts are covered by the attached Water Quality General Certification Number 3890 and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 39 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This approval requires you to follow the conditions listed in the enclosed certification and the following additional conditions: The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification and Buffer Rules are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B .0506(b)(c) and 15A NCAC 02B .0233(8)] Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http://portal.ncdenr.org/web/wq/aps 1628 Mail Service Center, Raleigh, NC 27699-1628 Phone: (919) 791-4200 Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: (919) 788-7159 Poole Family YMCA DWR #16-0670 401 AND BUFFER APPROVAL Page 2 of 5 Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Wetland 0 (acres) 0.023 (acres) Impact 7 Wetland 0 (acres) 0.042 (acres) Impact 8 Stream 115 (linear feet) 0 (linear feet) Impact 3 Buffers —Zone 1 0 (square feet) 0 (square feet) Impact 1— Greenway Buffers — Zone 2 1,703 (square feet) 0 (square feet) Impact 1— Greenway Buffers —Zone 1 598 (square feet) 0 (square feet) Impact 2 — BMP Bypass Buffers — Zone 2 293 (square feet) 0 (square feet) Impact 2 — BMP Bypass Buffers — Zone 1 487 (square feet) 0 (square feet) Impact 4 — Bioretention Outfall Buffers — Zone 2 668 (square feet) 0 (square feet) Impact 4 — Bioretention Outfall Buffers —Zone 1 0 (square feet) 0 (square feet) Impact 5 — Sewer Buffers — Zone 2 530 (square feet) 0 (square feet) Impact 5 — Sewer Buffers — Zone 1 1,273 (square feet) 0 (square feet) Impact 6 — Greenway Buffers — Zone 2 1,009 (square feet) 0 (square feet) Impact 6 — Greenway Stormwater Management Plan (SMP) Approval from Local Community Required You are required to provide one copy (hard copy or digital) of the approved SMP, including plan details on full-sized plan sheets, with proof of the Town of Garner's approval. The approved SMP shall be submitted to the DWR 401 & Buffer Permitting Unit (1617 Mail Service Center, Raleigh, NC 27699-1617) before any impacts authorized in this certification Poole Family YMCA DWR #16-0670 401 AND BUFFER APPROVAL Page 3 of 5 occur. After it is approved and submitted to the Division, the SMP may not be modified without prior written authorization from the Town of Garner. If the SMP is modified in the future, then you shall provide one modified SMP with proof of approval to the DWR 401 & Buffer Permitting Unit prior to the commencement of the modifications. [15A NCAC 02H .0506(b)(5)] 3. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre -Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. [15A NCAC 02H .0501 and .0502] 4. Protective Fencing The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15 NCAC 02H .0500. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)] 5. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification and Buffer Authorization. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions. [15A NCAC 02B .0507(d)(2)] 6. This approval and its conditions are final and binding unless contested. [G.S.'143-215.5] This Certification and Buffer Authorization can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAHathttp://www.ncoah.com or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within thirty (30) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). Poole Family YMCA DWR #16-0670 401 AND BUFFER APPROVAL Page 4 of 5 The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending by First Class Mail via the US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (e.g. UPS, FedEx): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: Sam Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 Please send one (1) copy of the petition to DWR: If sending by First Class Mail via the US Postal Service: Karen Higgins NC DEN R-DWR-401 & Buffer Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 If sending via delivery service (e.g. UPS, FedEx): Karen Higgins NC DENR-DWR — 401 & Buffer Permitting Unit 512 N. Salisbury Street Raleigh, NC 27604 This letter completes the review of the Division under section 401 of the Clean Water Act and the Neuse Riparian Buffer Rules as described in 15A NCAC 02B .0233. Please contact Cherri Smith at 919-791-4251 or cherri.smith@ncdenr.gov if you have any questions or concerns. Slicer ly, `~ Danny S ith Supervisor, Water Quality Regional Operations Section Poole Family YMCA DWR #16-0670 401 AND BUFFER APPROVAL Page 5 of 5 Enclosure: GC 3890 cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Dr., Ste. 105; Wake Forest, NC 27597 Troy Beasley; WithersRavenel; 1410 Commonwealth Dr., Ste. 101; Wilmington, NC 28403 DWR RRO 401/Riparian Buffer file DWR 401 & Buffer Permitting Unit From: Paine, Patrick[mailto:Patrick.Paine@raleighnc.gov] Sent: Friday, February 2, 2018 10:25 AM To: Stanley, Chris <cstanlev@mcadamsco.com> Cc: Cotter, Rachel <cotter@mcadamsco.com> Subject: RE: Poole Family YMCA (Garner) - SS Easement There can be no piles in our easement. You can put a boardwalk that sits on the ground but no structures like a pier or caisson. Patrick Paine EI Public Utilities Dept. E -Mail; Patrick.paine@raleighnc.gov Phone 919-996-3481 From: Stanley, Chris [mailto:cstanley@mcadamsco.com Sent: Thursday, February 01, 2018 4:25 PM To: Paine, Patrick <Patrick.Paine@raleighnc.gov> Cc: Cotter, Rachel <cotter@mcadamsco.com> Subject: Poole Family YMCA (Garner) - SS Easement Hey Patrick, Hope you are doing well. You may recall us reaching out with some questions about this project back in the fall. We are in the process of finalizing a plan for a new greenway trail/extension for the Poole YMCA facility in Garner. Reference attached. The proposed trail includes a boardwalk crossing in the vicinity of two sanitary sewer mains and crossing these easements (highlighted in red). Can you advise of what PUD's required minimum offset is for pilings/piers from SS main? We are finalizing the design of the boardwalk and easement crossing and will be likely looking at helical piers, which will be 10' span o.c. along the structure. Also curious as to whether you may have any as -built information for the main running east to west (highlighted in green)? The lower main we know is an 8" PVC. Thanks much and feel free to contact me directly if any questions. Chris Chris Stanley, PE, CFM I Project Manager, Water Resources + Infrastructure McAdams 2905 Meridian Parkway, Durham, NC 27713 office 919. 361. 5000 x168 I direct 919. 287. 0767 1 cstanlev@mcadamsco.com www.mcadamsco.com I linkedin I twitter I instagram I loin our team 0 M ADAMS creating experiences through experience Velocity Calculations - Trail Swale Project Description Friction Method Manning Formula Solve For Normal Depth Input Data Roughness Coefficient 0.035 ft Channel Slope 0.03000 ft/ft Left Side Slope 6.00 ft/ft (H:V) Right Side Slope 6.00 ft/ft (H:V) Discharge 1.00 ft'/s Results Normal Depth 0.29 ft Flow Area 0.50 ftz Wetted Perimeter 3.51 ft Hydraulic Radius 0.14 ft Top Width 3.46 ft Critical Depth 0.28 ft Critical Slope 0.03500 ft/ft Velocity 2.00 ft/s Velocity Head 0.06 ft Specific Energy 0.35 ft Froude Number 0.93 ft Flow Type Subcritical ft/ft GVF Input Data Downstream Depth 0.00 ft Length 0.00 ft Number Of Steps 0 GVF Output Data Upstream Depth 0.00 ft Profile Description Profile Headloss 0.00 ft Downstream Velocity Infinity ft/s Upstream Velocity Infinity ft/s Normal Depth 0.29 ft Critical Depth 0.28 ft Channel Slope 0.03000 ft/ft Critical Slope 0.03500 ft/ft Bentley Systems, Inc. Bentley FlowMaster M (SELECTseries 1) [08.11.01.03] 2/26/2018 4:23:02 PM 27 Siemons Company Drive Suite 200 W Watertown, CT 06795 USA +1-203-755-1666 Page 1 of 1 h FYSJilcVJ)urr. -" United States Department of the Interior ,�x" FISH AND WILDLIFE SERVICE %$ Raleigh Ecological Services Field Office 'a��,e Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: February 26, 2018 Consultation Code: 04EN2000-2018-SLI-0375 Event Code: 04EN2000-2018-E-00816 Project Name: Poole Family YMCA - Greenway Subject: List of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project To Whom It May Concern: The species list generated pursuant to the information you provided identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 etseq.). New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. Section 7 of the Act requires that all federal agencies (or their designated non-federal representative), in consultation with the Service, insure that any action federally authorized, funded, or carried out by such agencies is not likely to jeopardize the continued existence of any federally -listed endangered or threatened species. A biological assessment or evaluation may be prepared to fulfill that requirement and in determining whether additional consultation with the Service is necessary. In addition to the federally -protected species list, information on the species' life histories and habitats and information on completing a biological assessment or 02/26/2018 Event Code: 04EN2000-2018-E-00816 2 evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the web site often for updated information or changes If your project contains suitable habitat for any of the federally -listed species known to be present within the county where your project occurs, the proposed action has the potential to adversely affect those species. As such, we recommend that surveys be conducted to determine the species' presence or absence within the project area. The use of North Carolina Natural Heritage program data should not be substituted for actual field surveys. If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely to adversely affect) a federally -protected species, you should notify this office with your determination, the results of your surveys, survey methodologies, and an analysis of the effects of the action on listed species, including consideration of direct, indirect, and cumulative effects, before conducting any activities that might affect the species. If you determine that the proposed action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally listed species, then you are not required to contact our office for concurrence (unless an Environmental Impact Statement is prepared). However, you should maintain a complete record of the assessment, including steps leading to your determination of effect, the qualified personnel conducting the assessment, habitat conditions, site photographs, and any other related articles. Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require development of an eagle conservation plan (http://www.fws.gov/windenergy/ eagle_guidance.html). Additionally, wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http:// www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/towers.htm; http:// www.towerkill.com; and http://www.fws. og v/mi rgratorybirds/CurrentBirdIssues/Hazards/towers/ comtow.html. Not all Threatened and Endangered Species that occur in North Carolina are subject to section 7 consultation with the U.S Fish and Wildlife Service. Atlantic and shortnose sturgeon, sea turtles,when in the water, and certain marine mammals are under purview of the National Marine Fisheries Service. If your project occurs in marine, estuarine, or coastal river systems you should also contact the National Marine Fisheries Service, http://www.nmfs.noaa.gov/ We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. If you have any questions or comments, please contact John Ellis of this office at john_ellis@fws.gov. 02/26/2018 Event Code: 04EN2000-2018-E-00816 Attachment(s): • Official Species List 02/26/2018 Event Code: 04EN2000-2018-E-00816 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 (919) 856-4520 02/26/2018 Event Code: 04EN2000-2018-E-00816 Project Summary Consultation Code: 04EN2000-2018-SLI-0375 Event Code: 04EN2000-2018-E-00816 Project Name: Poole Family YMCA - Greenway Project Type: DEVELOPMENT Project Description: Construction of the YMCA facility, permitted in 2016, is nearly complete. The approximately 0.56 -acre section of greenway trail will be constructed separately and requires additional wetland impacts to resolve a conflict with crossing two sanitary sewer easements. Clearing of the alignment was completed as part of the clearing for the YMCA facility. Construction of the trail is anticipated to be completed by May 2018. Project Location: Approximate location of the project can be viewed in Google Maps: https: www.2oo2le.com/maps/place/35.682195715839896N78.62295253512998W 3 Ila Er Counties: Wake, NC 2 02/26/2018 Event Code: 04EN2000-2018-E-00816 3 Endangered Species Act Species There is a total of 2 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. Birds NAME Red -cockaded Woodpecker Picoides borealis Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws. oe v/ecp/species/7614 Flowering Plants NAIVE STATUS Michaux's Sumac Rhus michauxii Endangered No critical habitat has been designated for this species. Species profile: htips:Hecos.fws.2ov/ecp/species/5217 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECTAREA UNDER THIS OFFICE'S JURISDICTION. !J'I MCADAMS AGENT AUTHORIZATION FORM All Blanks To Be Filled In By The Current Property Owner Parcel IDs: Ilio - 13 - 6336, Property Owner Name: 'fMC-A 'r- Z'( -(C Tfe-1AAALr Art -FA, I AG. f�,pPLtc,An1T Property Owner Address: gal Co"-z,,we' e_-, t4r6a_ PR-Iu 3TO 2-Q.0 AAL.-Oal 1M.C17 Property Owner Phone: -'71,7, "i 19 . 7G1_8 Project Name: ff>_-,Lre PAHivy YMCA Project Number: Project Manager: 71 M CAa_4z__ Date: I Ser. 18 Attn: Tasha Alexander US Army Corps of Engineers Raleigh Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 Re: Wetlands Related Consulting and Permitting To Whom It May Concern: I hereby designate and authorize The John R. McAdams Company, Inc. to act in my behalf as my agent in the processing of permit applications, to furnish upon request supplemental information in support of applications, etc. from this day forward. I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on-site investigation and issuing a determination associated with Water of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. This notification supersedes any previous correspondence concerning the agent for this project. NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for government officials to enter the property when accompanied by The John R. McAdams Company, Inc. staff. Print Pro erty Owner YMc� of rP44 rP4AAQx Signature creating experiences through experience 2905 Meridian Parkway, Durham, NC / 919. 361. 5000 All Blanks To Be Filled In By The Current Property Owner ParcellDs: 1710035130 Property Owner Name: Town of Garner Property Owner Address: 900 7th Ave., Garner, NC 27529 Property Owner Phone: (919) 773-4420 Project Name: Poole YMCA Greenway Modification Project Number: YMC-17020 Project Manager: Rachel Cotter Date: 3 20 18 Attn: Tasha Alexander US Army Corps of Engineers Raleigh Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 Re: Wetlands Related Consulting and Permitting To Whom It May Concern: Attn: Karen Higgins NC Division of Water Resources 401 & Buffer Permitting Branch 512 N. Salisbury Street Raleigh, NC 27604 I hereby designate and authorize The John R. McAdams Company, Inc. to act in my behalf as my agent in the processing of permit applications, to furnish upon request supplemental information in support of applications, etc. from this day forward. I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) and NC Division of Water Resources to enter upon the property herein described for the purpose of conducting on-site investigation and issuing a determination associated with Water of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act/Section 10 of the Rivers and Harbors Act of 1899 and/or Waters of State and/or Riparian Buffer Rules. This notification supersedes any previous correspondence concerning the agent for this project. NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for government officials to enter the property when accompanied by The John R. McAdams Company, Inc. staff. nWA OF OARrJER by Igoodel Dick6RS-/1 . Print Property Owner Iov�ln) MgrJAGi6R Signature creating experiences through experience 2905 Meridian Parkway, Durham, NC / 919. 361. 5000