Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
20100045 Ver 1_401 Application_20100110
www.stewart-eng.com 7-1 ,`...7 O ? V ? ? W MrJ S T E WA R T Division of Water Quality JAN 2 0 2010 401/Wetlands Unit DENR-WIVERQUAuTy 1650 Mail Service Center WETLANDS AND STORMWATERMANCH Raleigh, NC, 27699-1650 Subject: EL-4998C Swift Creek Greenway and Pedestrian Bridge, Cary, NC Request for Buffer Authorization The Town of Cary is extending their greenway network to include a bridge over Swift Creek near Regency Parkway. This project will allow trail users to safely cross the creek and travel to a signalized crossing of Regency Parkway. In addition to the 78-foot long bridge the project also includes 1,254-feet of 10-foot wide asphalt trail to connect to the existing trail and the Regency Parkway / Ederlee Drive intersection. While the design eliminates all stream and wetland impacts there are impacts to Neuse River Buffers. During the design process all efforts were taken to avoid jurisdictional waters and minimize all impacts where avoidance was not possible. Attachments to the PCN include; a) photos of the bridges crossing location, b) Programmatic Categorical Exclusion (currently under NCDOT review), c) Natural Systems Report, d) No-Rise Certification, e) SHPO coordination and project plans. REGULATORY APPROVALS SOUGHT DWQ Buffer Authorization: Every effort has been made to minimize buffer impacts at the stream crossings. However there are impacts to Neuse River Buffers: • Zone 1 - 361 sf (.008 acre) • Zone 2 - 1129 sf (.025 acre) Please contact me (ithomasCastewart-eng com - (919) 866-4762) if you have any question or required further detail. Sincerely, STEWART ENGINEERING, INC. Iona L. Thomas AI6 -- Greenway Design Group Manager cc: Paul Kuhn, Town of Cary, Parks and Recreation ENGINEERING. INNOVATION. SOLUTIONS.T" 421 FAYETTEVILLE STREET RALEIGH, NC T 919.380.8750 SUITE 400 27601 F 919.380.8752 www.stewart-en9.com S S T E WA R T Division of Water Quality 401/Wetlands Unit 1650 Mail Service Center Raleigh, NC, 27699-1650 Subject: EL-4998C Swift Creek Greenway and Pedestrian Bridge, Cary, NC Request for Buffer Authorization The Town of Cary is extending their greenway network to include a bridge over Swift Creek near Regency Parkway. This project will allow trail users to safely cross the creek and travel to a signalized crossing of Regency Parkway. In addition to the 78-foot long bridge the project also includes 1,254-feet of 10-foot wide asphalt trail to connect to the existing trail and the Regency Parkway / Ederlee Drive intersection. While the design eliminates all stream and wetland impacts there are impacts to Neuse River Buffers. During the design process all efforts were taken to avoid jurisdictional waters and minimize all impacts where avoidance was not possible. Attachments to the PCN include; a) photos of the bridges crossing location, b) Programmatic Categorical Exclusion (currently under NCDOT review), c) Natural Systems Report, d) No-Rise Certification, e) SHPO coordination and project plans. REGULATORY APPROVALS SOUGHT DWQ Buffer Authorization: Every effort has been made to minimize buffer impacts at the stream crossings. However there are impacts to Neuse River Buffers: • Zone 1 - 361 sf (.008 acre) • Zone 2 - 1129 sf (.025 acre) Please contact me (ithomas0stewart-eng.com - (919) 866-4762) if you have any question or required further detail. Sincerely, STEWART ENGINEERING, INC. Iona L. Thomas, Al Greenway Design Group Manager cc: Paul Kuhn, Town of Cary, Parks and Recreation JAN n0 2010 DENR - WATaR QUA1.l"IY Vffi ANDS MIO STORViV ATER BRANCH ENGINEERING. INNOVATION. SOLUTIONS.T" 421 FAYETTEVILLE STREET RALEIGH, NC T 919.380.8750 SUITE 400 27601 F 919.380.8752 e0F W ATFRQG O Y Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre-Construction Notification PC Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: El Section 404 Permit El Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 14 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? ? Yes ® No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ? 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit ? 401 Water Quality Certification - Express ® Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ? Yes ? No For the record only for Corps Permit: ? Yes ? No 1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu fee program. ? Yes ® No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ? Yes ® No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ? No 2. Project Information 2a. Name of project: Swift Creek Pedestrian Bridge and Greenway Trail 2b. County: Wake 2c. Nearest municipality / town: Cary 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: EL-4998 C 3. Owner Information 3a. Name(s) on Recorded Deed: Town of Cary 3b. Deed Book and Page No. 0762204660 3c. Responsible Party (for LLC if applicable): Paul Kuhn, RLA, Cary Parks and Recreation 3d. Street address: 316 N. Academy Street 3e. City, state, zip: Cary, NC 27512-8005 3f. Telephone no.: 919-469-4360 3g. Fax no.: 919-469-4344 3h. Email address: paul.kuhn@townofcary.com Page 1 of 11 PCN Form -Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ? Agent ? Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Iona L. Thomas, AICP 5b. Business name (if applicable): Stewart Engineering 5c. Street address: 421 Fayetteville Street, Suite 400 5d. City, state, zip: Raleigh, nC 27601 5e. Telephone no.: 919-380-8750 5f. Fax no.: 919-380-8752 5g. Email address: ithomas@stewart-eng.com Page 2 of 11 PCN Form - Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 0762202260, 0762204660 1 b. Site coordinates (in decimal degrees): Latitude: 35.72997 Longitude: - 78.79000 (DD.DDDDDD) (-DD.DDDDDD) 1 c. Property size: 14.77 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Swift Creek proposed project: 2b. Water Quality Classification of nearest receiving water: WS-III;NSW 2c. River basin: Neuse River Basin 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The project area consists of maintained roadside bordered by manicured lawn and landscaping north of the existing greenway and forested areas south of the existing greenway, with a small forested area bordering a stream extending north of the greenway. 3b. List the total estimated acreage of all existing wetlands on the property: 0.12 acres 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 399 LF 3d. Explain the purpose of the proposed project: The existing trail ends midblock on Regency Parkway with no pedestrian accommodation for crossing the 4-lane road or the bridge over Swift Creek. The new bridge and trail connection will allow users to safely cross Swift Creek and then cross Regency Parkway at the signalized intersection with Ederlee Drive. 3e. Describe the overall project in detail, including the type of equipment to be used: The project includes a 78' long, 12' wide pedestrian bridge over Swift Creek and 1,254' of 10' asphalt trail which connects , to an existing greenway. The project also includes the removal of 182' of existing trail. The contractor selected for this project will determine the equipment used. However, the bid documents will specify hand clearing where possible use of , construction mats in sensitive areas, small paving machines and generally low impact machines to be used in sensitive areas. 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? ®Yes ? No ? Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? ? Preliminary ? Final 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Environmental Services Name (if known): Gail Tyner Inc Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. Page 3 of 11 PCN Form - Version 1.3 December 10, 2008 Version 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. Page 4 of 11 PCN Form -Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ? Wetlands ? Streams - tributaries ® Buffers ? Open Waters ? Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ - non-404, other) (acres) Temporary T W1 ? P ? T ? Yes ? Corps ? No ? DWQ W2 ? P ? T ? Yes ? Corps ? No ? DWQ W3 ? P ? T ? Yes ? Corps ? No ? DWQ W4 ? P ? T ? Yes ? Corps ? No ? DWQ W5 ? P ? T ? Yes ? Corps ? No ? DWQ W6 ? P ? T ? Yes ? Corps ? No ? DWQ 2g. Total wetland impacts 0 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ - non-404 width (linear Temporary (T) (INT)? , other) (feet) feet) S1 ? P ? T ? PER ? Corps ? INT ? DWQ S2 ? P ? T ? PER ? Corps ? INT ? DWQ S3 ? P ? T ? PER ? Corps ? INT ? DWQ S4 ? P ? T ? PER ? Corps ? INT ? DWQ S5 ? P ? T ? PER ? Corps ? INT ? DWQ S6 ? P ? T ? PER ? Corps ? INT ? DWQ 3h. Total stream and tributary impacts 0 3i. Comments: Page 5 of 11 PCN Form - Version 1.3 December 10, 2008 Version 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. Open water impact number - Permanent (P) or Temporary T 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 ?P?T 02 ?P?T 03 ?P?T 04 ?P?T 411 Total open water impacts 0 4g. Comments: 5. Pond or Lake Construction If and or lake construction proposed, then complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5L Total 5g. Comments: 5h. Is a dam high hazard permit required? ? Yes ? No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: Page 6 of 11 PCN Form - Version 1.3 December 10, 2008 Version 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If 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 for Buffer Zone 1 impact Zone 2 impact Permanent (P) impact Stream name mitigation (square feet ) (square feet) or Temporary required? T B1 ®P ? T Bridge Approaches Swift Creek ? Yes ® No 361 1129 B2 ? P ? T ? Yes ? No B3 ?P?T ?Yes ? No 6h. Total buffer impacts 361 1129 6i. Comments: D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for ? Yes ? No impacts to Waters of the U.S. or Waters of the State? 2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps ? Mitigation bank 2c. If yes, which mitigation option will be used for this project? ? Payment to in-lieu fee program ? Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) ::?? [Type Quantity Page 7 of 11 PCN Form -Version 1.3 December 10, 2008 Version 3c. Comments: 4. Complete if Making a Payment to In-lieu Fee Program 4a. Approval letter from in-lieu fee program is attached. ? Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non-riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ? Yes ? No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). 6h. Comments: Page 8 of 11 PCN Form -Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ® Yes ? No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. Comments: All stormwater from project site will be sheet flow ? Yes No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 2% 2b. Does this project require a Stormwater Management Plan? ? Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: The project qualifies as Low Density 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: ? 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? Town of Cary ? Phase II 3b. Which of the following locally-implemented stormwater management programs ? NSW apply (check all that apply): ? USMP ? Water Supply Watershed ? Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No attached? 4. DWQ Stormwater Program Review ? Coastal counties 4a. Which of the following state-implemented stormwater management programs apply [] HQW ? ORW (check all that apply): ? Session Law 2006-246 ? Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ? Yes ? No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? p 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 f ® Yes ? No use o 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: PCE pending NCDOT signature 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 additional development, which could impact nearby downstream water quality? ? Yes No 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. N/A 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 i ® ? Yes No mpacts? 5c. If yes, indicate the USFWS Field Office you have contacted El Raleigh . ? Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? NRTR completed by ESI. Utilized the North Carolina Natural Heritage Program. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? l Yes ® No E F 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? NRTR completed by ESI. Utilized the NCDOT Index by County of Waterbodies in which EFH species are found. 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 t t N i ? Yes N s a us (e.g., at onal Historic Trust designation or properties significant in o North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? Review of the project by the North Carolina Department of Cultural Resources - State Historic Preservation Office 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: Hydraulic Study found No Rise. See attached letter from Flood Plain Administrator 8c. What source(s) did you use to make the floodplain determination? HEC-RAS Study Iona L. Thomas /rv Applicant/Agent's Printed Name Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 1 I of 11 PCN Form - Version 1.3 December 10, 2008 Version www.stewart-eng.com S STEWART TAB A ENGINEERING. INNOVATION. SOLUTIONS.T" 421 FAYETTEVILLE STREET RALEIGH, NC T 919.380.8750 SUITE 400 27601 F 919.380.8752 www.stewart•eng.com .S S T E WA R T Exhibit and Photos . i? r; 1 x q Sideti alk ?} a Existing Sidewalk Exi tin ' n } t Proposed Sidewalk ,w r ' Prop?sed Siclewatk lv? Oft, ti tua4 Sidewalk j a Existing ,a?*x• Xi ,.x 1 ? z NO, - "? 'fi`r ?1*+ Existing Trail r S A4X to be dReinr,ve:i a k ? ' .. w ty Qa? Proposed Pedestrian rc`1 o f Bridge & Trail ey, +r y aq r d s" N " t At y `ti . w .'k 4 t! 74 it ` is S STEWART TAB B CATEGORICAL EXCLUSION FORM ENHANCEMENT PROJECTS While this form represents the most common level of environmental documentation required for Enhancement projects, the environmental impacts may be greater than those typically associated with this level of analysis. Always have a quaked professional determine the scope of environmental impacts and complete the environmental documentation. General Information Project Name: Swift Creek Pedestrian Bridge and Greenway Trail TIP Number (E-X'XX): EL-4998 C Federal Aid Number: HPP-0503(10) Project Sponsor: Town of Cary Project Contact Name: Paul Kuhn, Cary Parks and Recreation or Iona L. Thomas AICP, Stewart Telephone: 919-469-4360 919-866-4762 E-mail: paul.kuhn townofca or @ rY•9 ithomas@stewart-eng.com Project Description (Include project scope and location with map) The projects includes a 78-foot long, 12-foot wide pedestrian bridge over Swift Creek and 1,254-feet of 10-foot wide asphalt trail, which connects to an existing greenway. The project also includes the removal of 182-feet of existing trail that is being re-aligned. Purpose And Need The existing trail ends midblock on Regency Parkway with no pedestrian accommodation for crossing the 4-lane road or the bridge over Swift Creek. The new bridge and trail connection will allow users to safely cross Swift Creek and then cross Regency Parkway at the signalized intersection with Ederlee Drive. Proposed Improvements (Provide details attach exhibits as necessary) The projects includes a 78-foot long, 12-foot wide pedestrian bridge over Swift Creek and 1,254-feet of 10-foot wide asphalt trail, which connects to an existing greenway. The project also includes the removal of 182-feet of existing trail. (Vicinity Map and plans attached.) apeciat information (Include environmental commitments permits) There are zero stream and wetland impacts. Neuse Buffer impacts are BZ1:.008 AC and BZ2:.026 AC. -trails are an allowable use within Neuse River Buffers. The proposed bridge does not cause a rise in water surface elevation and a No-Rise has been certified by the Local Floodplain Administrator. Local ordinances for stormwater and buffer rules have been met. Note: This document will be reviewed by the NCDOT and by FHWA incorrect or incomplete information could delay or disqualifir a project Rcviscd Format - bfarch 2006 Threshold Criteria Instructions: Please answer each question. If a correct response falls within an enlaxged bOx then supporting documentation of the impact must be included. No. ECOLOGICAL YES NO 1 Will the project have a substantial impact on any unique or important natural resource? ? Does the project involve habitat where federally listed endangered or threatened 2 species may occur? ? 3 Will the project affect anadromous fish? ? ? If the project involves wetlands, is the amount of permanent and/or temporary 4 wetland taking less than one-third (1/3) of an acre and have all practicable measures to id d ? avo an minimize wetland takings been evaluated? If no wetlands are involved, write "N/A" `z` 5 Will the project require the use of U. S. Forest Service lands? ? Will the quality of adjacent water resources be adversely Impacted by proposed 6 construction activities? ? Does the project involve waters classified as Outstanding Water Resources and/or 7 High Quality Waters? ? 0 Will the project require fill in waters of the United States in any of the designated 8 mountain trout counties? ? Z( Does the project involve any known underground storage tanks (UST's) or hazardous ? materials sites? PERMITS and COORDINATION 10 If the project is located within a CAMA county, will the Project significantly affect the coastal zone and/or any "Area of Environmental Concern" (AEC)? ? ?? 11 Does the project involve Coastal Barrier Resources Act Resources? ? ? 12 Will a U. S. Coast Guard permit be required? ? ? 13 Will the project result in the modification of any existing regulatory floodway? ? ? 14 Will the project require any stream relocations or channel changes? ? ? Threshold Criteri a Instructions: Please answer each question. If a correct response falls within an enlarged box then supporting documentation of the impact must be included No. SOCIAL, ECONOMIC, AND CULTURAL RESOURCES YES NO 15 Will the project induce substantial impacts to planned growth or land use for the area? El 0 16 Will the project require the relocation of any family or business? ? 0 17 Will the project have a disproportionately high and adverse human health and environmental effect on an minority or low-income population? ? z 18 If the project involves the acquisition of Right-of-Way, is the amount of Right-of-Way ac uisition id d i © ? q cons ere m nor. 19 Will the project involve any changes in access control? ? 20 Will the project substantially alter the usefulness and/or land use of adjacent property? ? z? 21 Will the project have an adverse effect on permanent local traffic patterns or community cohesiveness? F] Z 22 Is the project included in an approved thoroughfare plan and/or Transportation Improvement Program (and is therefore, in conformance with the Clean Air Act of 1990)? 23 Is the project anticipated to cause an increase in traffic volumes? ? 10 24 Will traffic be maintained during construction using existing roads, staged construction , or on-site detours? z F1 25 If the project is a bridge replacement project, will the bridge be replaced at its existing location (along the existing facility) and will all construction proposed in association with the bridge replacement project be contained on the existing facility? El ? 26 Is there substantial controversy on social, economic, or environmental grounds concerning the project? F] W1 27 Is the project consistent with all Federal, State, and local laws relating to the environmental aspects of the project? 0 F1 28 Will the project have an "effect" on structures/properties eligible for or listed on the National Register of Historic Places? R 29 Will the project affect any archaeological remains that are important to history or pre- history? ? 30 Will the project require the use of Section 4(? resources (public parks recreation lands , , wildlife and waterfowl Refuges, historic sites, or historic bridges, as defined in Section 4(f) of the U. S. DOT Act of 1966)? ? ? 31 Will th l e project resu t in any conversion of assisted public recreation sites or facilities to non-recreation uses, as defined by Section 6(f) of the Land and Water Conservation Act of 1965, as amended? ? 21 32 Will h t e project involve construction in, across, or adjacent to a river designated as a component of or proposed For inclusion in the Natural System of Wild and Scenic Rivers? El 121 Additional Documentation required for unfaMrabk Responses: • "Checked" ENLARGED boxes indicate UNFAVORABLE responses. ¦ "Checked" smaller boxes indicate favorable responses. ............................................................................................................................................................................ Categorical Exclusion Approval (Note: Qualified Professional may be required to complete) Prepared by: Iona L. Thomas, AICP Name (print or type) 1/8/2009 Signature Senior Planner Title Stewart Engineering Company/Agency 018503 Date License Number ............................................................................................................................. ....................................................................... For Official NCDOT Use Only Reviewed by: ovate xeviewer's Signature Project Development & Environmental Analysis Branch North Carolina Department of Transportation Approved by: Late Division Administrator's Signature Federal Highway Administration ..............................................................................................................; Consultants should submit this completed form to the municipality or organization that engaged their service. The Municipality or organization should submit to their assigned Transportation Program Consultant. Please submit completed form within 90 days of the holding of your scoping meeting. S STEWART TAB C .I Natural Resources Investigation for the Swift Creek Pedestrian Bridge Wake County, North Carolina Prepared for: Stewart Engineering, Inc. 421 Fayetteville Street Suite 440 Raleigh, NC 27601 Prepared by: ENVIRONMENTAL SERVICES, INC. 524 South New Hope Road Raleigh, North Carolina 27610 January 2010 Natural Resources Investigation for the Swift Creek Pedestrian Bridge Wake County, North Carolina January 2010 Project Description The proposed Swift Creek Pedestrian Bridge project is located in the Town of Cary, Wake County, North Carolina. The "Town of Cary proposes to construct a greenway connector and pedestrian bridge across Swift Creek within the approximately 0.25 mile project study area located adjacent to the east side of Regency Parkway, north of its intersection with Ederlee Drive (Figure 1). The project study area is depicted on topographic, soils, and aerial photograph figures (Figures 1, 2, and 3). The project study area primarily consists of maintained roadside bordered by manicured lawn and landscaping north of the existing greenway path and forested areas south of the existing greenway path, with a small forested area bordering a stream extending north of the greenway. Forested areas south of the existing greenway can be characterized as piedmont/low mountain alluvial forest bordering Swift Creek, grading into mesic mixed hardwood forest to the south, much of which has been converted in the past to a pine-dominated stand. Project Understandinia Environmental Services, Inc., (ESI) was tasked by Stewart Engineering, Inc. (SEI), to provide the following services for the Swift Creek Pedestrian Bridge project: • Jurisdictional wetland, stream, and surface water delineation, • Non-survey grade GPS data collection, • Preliminary protected species habitat assessments for federally Endangered and Threatened species, and • Report and graphics preparation. F,SI was asked to delineate all jurisdictional features located within the project study area boundaries. The project study area boundary was determined using mapping provided by SEI. Background Research Prior to the initiation of field efforts, available sources were reviewed, including the U.S. Geological Survey (USGS) 7.5-minute topographic quadrangle of Apex, NC (USGS 1993) and Natural Resource Conservation Service (NRCS) soils mapping for Wake County (USDA 1970). Additionally, records kept by the North Carolina Natural Heritage Program (NHP) concerning any known occurrences of federally Threatened or Endangered species were reviewed on January 5, 2010 (NCNHP 2010). Water Resources The project study area is in subbasin 03-04-02 of the Neuse River Basin and is located in USGS hydrologic unit 03020201 (USGS 1974, NCDWQ 2010). A Best Usage Classification (BUC) is assigned to waters of North Carolina based on the existing or contemplated best usage of various bodies of water. The wetland within the project study area is associated with Swift Creek. Unnamed tributaries to named waterbodies hold the same BUC as the receiving waters. Swift Creek (SIN # 27-43-1) has a BUC of WS-III; NSW from its source to a point 0.6 mile upstream of Wake County SR 1006. Class WS-III are waters protected as water supplies which are generally in low to moderately developed watersheds and suitable for all Class C uses. Class C waters are freshwaters protected for secondary recreation, fishing, aquatic life (including propagation and survival), and wildlife. Secondary recreation is any activity involving human body contact with water on an infrequent and incidental basis. The supplemental classification NSW indicates Nutrient Sensitive Waters, which require limitations on nutrient inputs. None of the associated streams are listed as an Outstanding Resource Water (ORW) or a High Quality Water (HQW) (NCDWQ 2010). Section 404 & 401 Wetlands and Surface Waters Section 404 of the Clean Water Act (CWA) requires regulation of discharges into "Waters of the United States". Although the principal administrative agency of the CWA is the U.S. Environmental Protection Agency (EPA), the Army Corps of Engineers (ACOE) has major responsibility for implementation, permitting, and enforcement of provisions of the Act. The ACOE regulatory program is defined in 33 CFR 320-330. Water bodies such as rivers, lakes, and streams are subject to jurisdictional consideration under the Section 404 program. However, by regulation, wetlands are also considered "Waters of the United States". Wetlands have been described as: "Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas."[33 CFR 328.3(b) (1986)] According to the 1987 ACOE Wetland Delineation Manual (DOA 1987), areas must exhibit three distinct characteristics to be considered jurisdictional wetlands: 1) prevalence of hydrophytic (water tolerant) plants; 2) presence of hydric soils; and 3) sufficient wetland hydrology indicators within 12 inches of the ground surface. The wetland delineation effort associated with this project occurred on November 20, 2008. Vegetation, soils, and hydrology data were collected during the field surveys in order to determine whether the three criteria were satisfied within each potential wetland area. When present, intermittent and perennial stream channels are also considered Waters of the United States under Sections 404 and 401 of the CWA. Non-survey grade GPS data collection occurred concurrently with delineation. The ACOE "Rapanos" decision allows ACOE and EPA to establish CWA jurisdiction under one of two standards. The first standard upholds CWA jurisdiction if the water body is "relatively permanent", and its adjacent wetlands directly abut the water body. The second standard upholds jurisdiction if a water body, in combination with all wetlands adjacent to that water body, has a "significant nexus" with traditional navigable waters. 2 • Relatively Permanetrt Waters - A water body is relatively permanent if its flow is year round or its flow is continuous at least seasonally (e.g., three months). Wetlands adjacent to a "relatively permanent" tributary are also jurisdictional if those wetlands directly abut such a tributary. • Adjacent - Defined by ACOE and EPA as bordering, contiguous, or neighboring. Wetlands separated from other waters of the U.S. by man-made dikes or barriers, berms, or dunes and the like are adjacent. • Abutting - Wetlands that are not separated from the tributary by an upland feature are abutting. • Siguificrrnt Nexus - A water body will be determined to have a "significant nexus" if its functions affect the chemical, physical, and biological integrity of a downstream traditional navigable water. Delineation Results One (1) jurisdictional wetland area and two (2) stream channels were delineated within the project study area. The wetland boundary was flagged with sequentially numbered pink-and-black striped and solid blue flagging and is labeled W l. Stream boundaries were flagged with sequentially numbered solid orange and solid blue flagged and are labeled S1 (Swift Creek) and S2 (unnamed tributary to Swift Creek). Non-survey grade GPS based layouts depicting the approximate extent and approximate location of the wetland and streams were produced. These graphics are not intended to be a replacement for a traditional survey and are not intended to be used as such. A General Location Figure is attached as Figure 1. Aerial photography (1" = 400') depicting the delineated features are attached as Figure 3. ACOE Routine Wetland Determination forms were completed during the delineation. Wetland Data The jurisdictional wetland delineated within the project study area is depicted as Wl on the attached aerial photograph (Figure 3). W 1 abuts Swift Creek and is classified as a palustrine scrub-shrub (PSS) wetland pursuant to the Cowardin Classification System (Cowardin et al. 1979). Palustrine wetlands are defined by Cowardin et al. (1979) as all non-tidal wetlands dominated by trees, shrubs, persistent emergents, emergent mosses or lichens, and all such wetlands that occur in tidal areas where the salinity due to occan-derived salts is below 0.5 parts per thousand (ppt). The wetland within the project study area is dominated by shrubs, thus the PSS designation. Dominant vegetation within the PSS wetland includes green ash fraxinus Pennsylvanica), black willow (Salix nigra), smartweed (Polygnum spp.), and soft rush (Juncos effuses). Table 1 contains the wetland data collected within the project study area proposed impact area. 3 Table 1. Wetland Data for the Swift Creek Pedestrian Bridge. Wetland Flagging Cowardin Wetland Approximate Wetland Size within Project Study Area Riparian No. (W#) Sequence Classification Acres ae (Y/N) w l GA PSS 0.12 Y 'Acreages based on non-survey grade GPS data collected with a Trimble GeoXT and ProXK. Stream Data Jurisdictional stream channels within the project study area consist of I perennial stream and I intermittent stream. These stream channels have been delineated and are depicted on the enclosed aerial photography. The intermittent channel (Stream S2) is a small, first order stream and flows into the perennial channel [Stream SI (Swift Creek)]. Table 2 contains the stream data collected within the project study area. Table 2. Stream Data for the Swift Creek Pedestrian Bridge. Stream No. S# Flagging Sequence Perennial/ Intermittent Approximate Stream Length' (ft) Within PSA= NCDWQ Stream ID Form Score S l SGA Perennial 243 38.75 S2A SGB Intermittent 73 20.5 S213 SGB Intermittent 83 20.5 _ Total: 399 Intermittent: 156 Perennial: 243 ' Stream lengths within project study area are approximations based on non-survey grade GPS data. a PSA - Project Study Area Neuse River Riparian Buffers The Neuse River Riparian Buffer Rules (Buffer Rules) place a restriction on certain development within 50 feet of stream channels and surface waters that are depicted on the most recent version of the USGS 7.5-minute quadrangle map or on the NRCS soils mapping for Wake County. The riparian buffer consists of two distinct zones. Zone 1 comprises a 30-foot wide area adjacent to the surface water that cannot be disturbed except for those specific activities that are allowed by the Neuse River Riparian Buffer Rules. Zone 2 comprises a 20-foot wide area adjacent to Zone 1 that is to be left undisturbed except for those specific activities allowed by the Buffer Rules. Grading and re- vegetating Zone 2 is allowed provided that the condition of Zone I is not compromised. Two stream chamiels were delineated within the project study area. Both streams are depicted on the NRCS soils mapping and are subject to the Buffer Rules (Figure 2). S1 (Swift Creek) is also depicted on the USGS 7.5-minute quadrangle map (Figure 1). Town of Cary Urban Transition Buffers The Town of Cary has additional riparian buffer requirements called Urban Transition Buffers (UTBs). These UTBs apply to streams within the Neuse and Cape Fear River Basins. Streams (both intermittent and perennial) mapped on the USGS 7.5-minute quadrangle map are subject to a 100-foot 4 buffer. Streams depicted only on the NRCS soils mapping for Wake County are subject to a 50-foot buffer. In the Neuse River Basin, this 100-foot buffer includes the 50-foot Neuse River Riparian Buffer and also includes an additional protected Zone 3. Zone 3 extends an additional 50 feet from the outer edge of the Neuse River Buffer Zone 2. S1 (Swift Creek) is depicted on both the USGS 7.5-minute quadrangle map and NRCS soils mapping for Wake County and is therefore subject to the 100-foot UTB. S2 is not depicted on the USGS 7.5- minute quadrangle map and is depicted only on the NRCS soil mapping for Wake County and is therefore subject to a 50-foot UTB. 'fable 3 contains the Riparian Buffer Applicability. Table 3. Riparian Buffer Applicability for the Swift Creek Pedestrian Bridge. Stream No. Perennial/ Depicted on Soils and/or USGS Subject to Subject to (S#) Intermittent Map Neuse Buffer Additional UTB S1 Perennial Soils and USGS Yes Yes S2 Intermittent Soils only Yes No Wetland and Stream Permitting Dredge and fill activities in "Waters of the United States" must be authorized by ACOE pursuant to Section 404 of the CWA and also by N.C. Division of Water Quality (NCDWQ) pursuant to Section 401 of the CWA. Activities authorized by the ACOE are subject to further water quality requirements per Section 401 of the CWA. In North Carolina, the NCDWQ administers the Section 401 Water Quality Certification process, which also must include plans on how the applicant proposes to manage stormwater. Coordination is recommended with ALOE in order to determine the permitting requirements for this project. Compensatory mitigation can be required by ACOE if the proposed project is determined to have an adverse effect on Waters of the United States, including wetlands. At the time of this report, ESI has not contacted ACOE to review the jurisdictional delineation. Threatened and Endangered Species Species with the federal classifications of Endangered (E), or Threatened (T), are protected under the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531 et seq.). Three (3) of the four (4) species listed in Table 4 carry the federal designation of E or T and are listed by the U.S. Fish and Wildlife Service (USFWS) as having ranges that are considered to extend into Wake County based on the list dated January 31, 2008 (USFWS 2010). The bald eagle was officially delisted and removed from the federal Endangered Species List on August 9, 2007, but is still protected under the Bald and Golden Eagle Protection Act (BGPA) and the Migratory Bird Treaty Act (MBTA). 5 Table 4. Federal Protected Species for the Swift Creek Pedestrian Bride. Common Name Scientifie Name Federal Status (TIE)' Habitat Present (Y/N) Biological Conclusion Bald eagle Haliaeetus leucocephalus BGPA/MBTA N NR` Red-cockaded woodpecker Picoides borealis E N No Effect Dwarf wedgemussel Alasinindonta heterdon " E _ N No Effect Michaux's sutnae Rhus michauxii E Y No Effect - i nrearenea, r.-rnaangerea, i (wA)- i nreateneci aue to sirruarity of appearance. b Removed from federal Endangered Species list; remains protected by the BGPA and MBTA. ` NR-Not Required, no biological conclusion required, but project %vill have no effect. Bald eagle - Bald eagles typically feed on fish but may also consume birds and small mammals. In the Carolinas, nesting season extends from December through May (Potter et (il. 1980). Bald eagles typically nest in tall, living trees in a conspicuous location near water and forage over large bodies of water with adjacent trees available for perching (Hamel 1992). The bald eagle was officially delisted and removed from the federal Endangered Species List on August 9, 2007, but they are still protected under the BGEPA and the MTBA. The National Bald Eagle Management Guidelines (USFWS 2007) prohibit disturbance to a bald eagle. The Guidelines define disturb as "to agitate or bother a bald or golden eagle to a degree that causes, or is likely to cause, based on the best scientific information available: I) injury to an eagle; 2) a decrease in its productivity, by substantially interfering with normal breeding, feeding, or sheltering behavior; or 3) nest abandonment, by substantially interfering with normal breeding, feeding, or sheltering behavior." The definition also covers impacts that result from human-caused alterations initiated around a previously used nest site during a time when eagles are not present, if, upon the eagles return, such alterations agitate or bother an eagle to a degree that injures an eagle or interferes with normal breeding, feeding, or sheltering behavior (USFWS 2007). Under the current Guidelines, USFWS recommends the following measures for roads, trails, canals, power lines, and other linear utilities. If the eagle nest can be seen from the project site and there is no similar activity within 660 feet, then USFWS recommends that the project: 1) maintain a buffer of at least 660 feet between your activities and the nest; 2) maintain any established landscape buffers; and 3) if possible, create additional landscape buffers to screen the new activity from the nest. If these recommendations cannot be adopted for the project, then coordination is recommended with the local USFWS office. Habitat Present: No The project study area was reviewed on January 6, 2010 by ES1 biologist Kevin Markham. No large open water habitat is present within the project study area. The section of Swift Creek within the sturdy area is too shallow to support potential fish prey for bald eagle, and the streambanks are lined by trees considered too small to provide suitable roosting sites. No bald eagle nests were observed within the project study area or within trees adjacent to nearby Regency Lake. A review of NHP records indicates that there are no documented occurrences 6 of bald eagle within 1.0 mile of the project study area. The proposed project will have no effect on this species. BIOLOGICAL CONCLUSION: Not Required Red-cockaded woodpecker (RCW) - Primary habitat consists of mature to over-mature southern pine forests dominated by loblolly (Pinus tae(la), longleaf (P. pahish-is), slash (P. ellio[ii), and pond pines (P. echinata). Nest cavities are constructed in the heartwood of living pines, generally older than 60 years that have been infected with red-heart disease. Nest cavity trees typically occur in clusters, which are referred to as colonies. Pine flatwoods or pine savannas that are fire maintained serve as ideal nesting and foraging sites for this species. Development of a thick understory and midstory within a given area usually deters nesting and foraging. Potential nest sites for RCW's include pine and pine/hardwood stands greater than 60 years of age. Hardwood/pine stands (<50% pine) greater than 60 years of age may also be considered potential nesting habitat if adjacent to potential foraging habitat (Henry 1989). Foraging habitat is typically comprised of open pine/mixed hardwood stands over 30 years of age (Henry 1989). Pines must comprise at least 60 percent of the canopy in order to provide suitable foraging for RCW's. Somewhat younger pine stands may be utilized if the trees have an average diameter at breast height (DBH) greater than or equal to 9 inches. Foraging stands must be connected to other foraging areas or nesting areas in order to be deemed a viable foraging site. Open spaces or unsuitable habitat 200 ft or more in width are considered barriers to RCW foraging (USFWS 2003). Habitat Present: No The project study area was reviewed on January 6, 2010 by ESI biologist Kevin Markham. The pine stand bordering the southeastern portion of the project study area contains pines ranging mostly between 12 and 16 inches DBH, with sparse hardwood mistory. However, this pine stand is too small in areal extent to independently support RCWs and is separated by more than 200 feet of unsuitable habitat from any other pine stands. The combination of small stand size and isolation from other potential habitat eliminates this pine stand from consideration as suitable habitat for RCW. Transects through the pine habitat did not reveal any evidence of RCW activity. A review of NHP records indicates that the RCW has not been documented within 1.0 mile of the project study area. The proposed project will have no effect on this species. BIOLOGICAL CONCLUSTION: No Effect Dwarf wedgemussel - Habitat for dwarf wedgemussel consists of perennial streams with slow to moderate current, good water quality with little siltation, and with stable banks and substrate (USFWS 1993a). Within these areas, dwarf wedgemussels are typically found along roomats, around logs, and under overhangs or other relatively protected microhabitats. Habitat Present: No The project study area was reviewed on January 6, 2010 by ESI biologist Kevin Markham. The streams within the project study area do not provide suitable habitat for dwarf 7 wedgemussel. The unnamed tributary (S2) is too small and does not contain suitable substrate. Swift Creek (S1) is too disturbed within the project study area to provide suitable habitat. Swift Creek substrate was characterized by deep deposits of unconsolidated coarse sands overlain by fine silt deposits. Cobble-sized rip-rap rocks were scattered throughout the study reach along with several natural boulders. Submerged rocks were coated with organic growth indicating excessive nutrient input in the stream. Exposed rock surfaces above the waterline were coated in silt indicating sedimentation occurs during high flow conditions. No evidence of any mussel fauna (relict shells) was observed along stream banks or scan of stream bed. The stream banks exhibit evidence of scour and lack root mats at the waterline, reducing the suitability of the stream banks as suitable substrate. A review of NIP records indicates that the dwarf wedgemusssel has not been documented within 1.0 mile of the project study area. BIOLOGICAL CONCLUSTION: No Effect Michaux's stunac - This shrub tends to grow in disturbed areas where competition is reduced by periodic fire or other disturbances and may grow along roadside margins or utility easements (USFWS 1993b). Michaux's sumac appears to prefer sandy or rocky substrates consisting of basic soils. Habitat Present: Yes The project study area was reviewed on January 6, 2010 by ESI biologist Kevin Markham. The majority of the project study area would not be considered potentially suitable habitat for this species due to the dense canopy cover in the forested areas and thick vegetative growth along much of ecotone between the maintained roadside and adjacent forest. Potential habitat consisting of open edge areas is present within limited areas of the project study area. Surveys were conducted for this species within the potential habitat including utility corridor edges, trails, and roadsides. No individuals were observed during pedestrian surveys through potential habitat in the project study area. A review of NIIP records indicates that Michaux's sumac has not been documented within 1.0 mile of the project study area. No impacts to Michaux's sumac populations are anticipated as a result of this project. BIOLOGICAL CONCLUSTION: No Effect Sumtnat-y ESI identified one Section 404 jurisdictional wetland area and two jurisdictional stream channels within the project study area. Impacts to jurisdictional areas should be avoided and minimized as much as practicable. ESI has not contacted ACOE or NCDWQ to review the delineation. S1 is subject to a I00-foot Riparian Buffer and S2 is subject to a 50-foot Riparian Buffer. The proposed project will have No Effect on any of the protected species listed as having ranges extending into Wake County, NC. 8 REFERENCES Cowardin, L.M., V. Carter, F.C. Goblet, and E.T. Laroe. 1979. Classification of Wetland and Deepwater Habitats of the United States. U.S. Fish and Wildlife Service, USFWS/OBS 79/31. U.S. Department of Interior. 131 pp. [DOA] Department of the Army Environmental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual, Technical Report Y-87-1, U.S. Army Engineer Waterways Experiment Station, Vicksburg, MS. 100 pp. + appendices. Hamel, P.B. 1992. Land Manager's Guide to the Birds of the South. The Nature Conservancy, Southeastern Region, Chapel Hill, NC. 437 pp. Henry, V. G. 1989. Guidelines for Preparation of Biological Assessments and Evaluations for the Red-Cockaded Woodpecker. U. S. Fish and Wildlife Service, Southeast Region, Atlanta, Georgia. 13 pp. [NCDWQ] N.C. Division of Water Quality. 2010. Basinwide Information Management System (BIMS). Stream Classification. <h2o.enrstate.nc.us/bims>. Accessed January 2010. [NCNHP] N.C. Natural Heritage Program. 2010. Records Review in Raleigh, NC. January5, 2010. Potter, F.F., J.F. Parnell, and R.P. "feelings. 1980. Birds of the Carolinas. The University of North Carolina Press, Chapel Hill, NC. 408 pp. [USDA] U.S. Department of Agriculture. 1970. Soil Survey of Wake County, North Carolina. United States Department of Agriculture-Soil Conservation Service. 118 pp + maps. [USFWS] U.S. Fish and Wildlife Service. 1993a. Dwarf Wedgemussel Recovery Plan. U.S. Department of the Interior, U.S. Fish and Wildlife Service, Hadley, MA. 52 pp. [USFWS] U.S. Fish and Wildlife Service. 1993b. Recovery Plan for Michaux's Sumac (Rhos Alichnrrxii) Sargent. U.S. Department of the Interior, U.S. Fish and Wildlife Service. 30 pp. [USFWS] U.S. Fish and Wildlife Service. 2003. Recovery plan for the red-cockaded woodpecker (Picoides bore(lis): second revision. U.S. Department of the Interior, U.S. Fish and Wildlife Service, Atlanta, GA. 296 pp. [USFWS] U.S. Fish and Wildlife Service. 2007. National Bald Eagle Management Guidelines. 23 pp. 9 [USFWS] U.S. Fish and Wildlife Service. 2010. Endangered, Threatened, and Candidate Species and Federal Species of Concern, by County, in North Carolina: Wake County. http:/hv%vNv,Avs.gov/ne-es/es/countyfr.htinl. Accessed January 2010. [USGS] U.S. Geological Survey. 1974. Hydrologic Unit Map. [USGS] U.S. Geological Survey. 1993. Apex, North Carolina. Topographic 7.5-minute quadrangle map. United States Geologic Survey, Washington, D.C. 10 ???, t11?' \ \?I' ?')i ?s/rrI !J1'{f? ?x?5/R(K•f ?..:.,; -.?? ?"! ( - ` • I :?1?? l u ? 1''! 11.f ?' 1 ,? I 1 \ ,? - ? r a.rl. /??) !,[?? at+1•?, X11 '. J y't,? f 3 t % l r? HIIQen 11 a] I•} -'. 1 I Ir "tip ..1.•, cY);A, 1 '•? .- 1r -• l I.td? -+??! Yr , . f ? < ? - ` I) `,1?"s' ? 'iY ??`???'\}?) i, Wit .?.1 ! ?% ? ? 1i t?ii .:: 11 ?: , / _ ? ? f ??71/ r? ?, J n?? ? l r• ? _ , ,q,? 1 -,?S (? \/ :y 1 1 r v S / t?,!'i ) cv -t rs• •.,..` s', I 5utrl??? ??, fit f r Nrr ?°?l)iFl? ?fC ,?fP?, 1 ![ r ` 1 ? 1",t.?' L.?µ',i.. .?y J ?`}-? ?II, .?? ? ?r I (h,?,f?"?''Y4l>41?.1 1?. ,l ? t r l' i '..? t •? l \ Y4 / r' 1 tt \L.l I f' . - f,l? / '(? l Jt t .7' _ •r.? ,J r _ l 1,•'' ?? 41 1 r V '?I 1, <; ? ??•? ?/ , r 1 d t 1 y I f t /? at , )? P ?/r, yLK-+?"?'b-¢ `F i /' ,? it 1 lr ' ?! r/:'!I L' s )7 J11! l I U/ r /'Ji ( ( [``` L?? >,t. / , 'r/ tl\1 t +f 1l. Jr 8f r r r ? v I - r, \?(r) ON% ,) d .''% t+ I,? \,'h1 + ? I t FAY/ J? ,?? i( ?d x•11•_ ??rk?'I ? ( ?? ?;? I?? •. \ ?` ?7?-} I? ? . , \\! •A f'V / % , r[ \\\l1 ?_? [ ,.I ( ? r•?' V' t r? ti tN tS,l 1 ? ? /? 1 t ft t \??? ? ? l??a r ?, 1.`1. " ttt , S t r+ ??..?.? s / ? r' 1 Ip .? ??; f,a{ "? 1 ? v 7 ? t, /3•a 1;' ?,. ? , ? ..,. i `r r(? i / _ I) ti \ r:£.\a.. r , _ • ? f? , , 1 (• `: I ( :e t t t ? / o!'` Il a. I ?•. ?t yfix? 1 4 f C ", r 4 1 ija C? / e' t? r V. r, t t? •t ? J >? r ti, i t-. 1t / 1 ??{t•1/ Jllf 2? • /jr.. j ?, .it ?, ,t (( 7 ^? ? ? 1:? 1 I r'?1t- 'It?l )?1?13' .d?"?""'? {1/ .•,?'.?- 4.- ?`,1 ?J;i t ? l?? r1 ??j"•. r 1: ! 7 i?• ,. t ?C p f . 4•.(,j<?'?y? ?r;. i') ?y ?y --' 'p.? '!: ?1r1 ? Itr/? ••.- ?•.? ll, i LoCk?iul? ? 1 ?f- ??+i?i ?'_ -?`-:? s ?'1 l\ t a ' B• I a ?t l? t,(1 ,??; \? , ' 4 AR'3. Ow°°'°?(..a.?`3E ? . r ? ; ?, ? '- / - • f ( f ?......_-,a ... . 466 ? 1 h.?) 1 i ? ?•- 0I 1? T 1?:? t ?I ?", t f ? (/.'- -?1t1 ? `` ? 'r r •4G>t1 ?r efr ',. ? •h . . r Project Boundary 'Location and Extent is Approximate. < (r +l t - i?• 1 1 y 't•? % l; r I ,1?. L ?. 3ts? ?? I jC F; e 0 1000 2000 -Cb'[• ,?1_VC,?. ,1??•a;.•? 4 - - - le" Feet Sources: Apex Ouadrangla, NC. 1598, Protect % •"t7• i' '?.;` rJ t \ Boundary provided by Stewart Eng-nearing . Inc The rnlormaBOn depkled on this r9ore is for infonna6,na1 purposes only and was not prepared for, and is not auaeDI. br kaal or enp;neermp purposes. _ Y '= " '. i `? . • ' O •(? ENVIRONMENTAL Project: ER08160,01 SERVICES, INC. Project Location Sees ^ar North HQPO Rqad ',& Swift Creek Pedestrian Bridge Date: Jan 2010 Ra'e ?2h, Kod Carona 27910 (019)212.1760 Drwn/Chkd: JDS/KT (919212.1707 Pax Wake County, North Carolina ,:;:?envrenrna?!oCSeN.ces"nc ccrn Figure: F, c P'C ?"G,e Pre,::'s120M160-0 -n+.'Jcaton m•+1 P, oted 01:37'2010 8 Sn a n r a A O r` v 0 ?• _ Af A ,fl apG Cri 4 4 F a Ap8 y 't kda e a . '--M ' Atl 1 . POSH C r ID ' ,. 'C, x A u (' A?1 ?a a¦+ e`Y a}?? Yk? * ? ?ijCwf' *q¢u ? p ?1 I'? ? •3 ? ,py?? ? ' , { F • [ r `' M+ i Grin .^? r W' r^ In ? ati Y/ ?.. tom. ! 1 " G, V; s I GeF > N (40 ?.? 7 0183 Meru a ? ?")" .a" + ? m`' ?. ?p^'.• •"` ? .. t fv kR ??f r? b ° CIC F• C:a --?- Project Boundary{ " Q NRCS Soil Boundary Soil Mapping Units,' •a ; AsB2 - Appling sandy loam, 2 to 6 percent slopes, moderately eroded AsC2 - Appling sandy loam, 6 to 10 percent slopes, moderately eroded Cm - Chewacla Soils a1 'Location and Extant is Approximate Sources. NRCS Sole Survey of V14ke County, NC, 1970, Project Boundary provided by Stewart Eng nearing, Inc 0 300 600 The Infom aWn depcled on We fqure is for,nforrnatonal pury)ses oil/ and was not prepared for, and 11 "015" ta6b for regal or any naaring purposes. Peet ?Cgb2! ENVIRONMENTAL NRCS Soils Project: ER08160.01 SERVICES, INC. Date: Jan 2010 511 S, North CaRoad Swift Creek Pedestrian Bridge (9119) 2127760 --_-?---- - - -- R 9) 21 , NM Carona 276'0 Drwn/Chkd: JDS/KT (019212.1707 Fax Wake County, North Carolina nx•.venV+oNrMnla+senke s'ccc?m Figure: 2 Fie P'rerGra`Pm,ects'20061160.O1%•q'so's mm Prated 01;0720'01152 iw S tl r^. r rf5` A VVI r Y 14 ` ,. 41 7. 'Alf 4? _ x M)a uF?_ a -qm Mf +w. u ? v t? r r u On w' .^ M ??' A " f ? i A ,7M3Y?- ? ? _ r Project Baunciary4w 4- "Af Jurisdictional Stream* k?•, a: x a su aa,? ? Intermittent Stream Channel ytl Jurisdictional Wetland' g Streams S1 and S2 sub'ec1to a 50.41 buffer on each s,r+= per Neuse River Butler Rule. Stream S1 subject loan add tional 50-ft Town of Cary UT FS " k Location and extent is approximate a 0 90 100 rtl 711 P W Feel f tEt Sources True Color Image provided by NAIP, 2000; Pro,e Boundary provided by Stewart Eng nearing, Inca The information depicted on th s %ure is for Infonns[onal purposes c nr X " ''` `+? •?" ` '- end was not peparod for and is not sulatre for legal or enp'neerir. ,.10r purposes el, - t a id YSiwbei'd'I?rodiaS meu I B riuaOA alA MMIC19iffiY5B>Y?. ENVIRONMENTAL f1foJect: ER08160.01 SERVICES, INC. Approximate Jurisdictional Areas Date: Jan 2010 Raleigh 62x NNotrth Csro Caro t o nia a 27610 Swift Creek Pedestrian Bridge , Ko (919)212-1760 Drwn/Chkd: JDS/KT (919212.1707Fax Wake County, North Carolina •.? :'I enVlPominrd Salle, be M. Figure: 3 r?e P 1,soGra'Pro;eds'2006d GG 0n•p•;cris mid Pnn•ec 01,072010 1 -01 om DATA FORM ROUTINE WETLAND DETERMINATION GA NOV C.P. Wetlanrte nelineatinn Manuall Project/Site: Swift Creek Pedestrian Bride Date: 11/19/2008 Applicant/Owner: Stewart Engineering County: Wake Investigator: Environmental Services, Inc. (ESI), GT State: NC Do normal circumstances exist on the site? M?' Yes No Community ID: scrub/shrub Is the site significantly disturbed (atypical situation)? ?Yes ? No Transect ID: wetland Is the area a potential problem area (If needed, explain)? Data Point GA1 ? Yes (] No VA(1RTAT(C1N DOMINANT STRATUM INDICATOR DOMINANT STRATUM INDICATOR PLANT SPECIES PLANT SPECIES 1. green ash shrub FACW 7. #N/A #N/A Fraxiuus eiuus lvauica #N/A 2. smartweed herb OBL 8. #N/A #N/A Pol y onuun S PP. 9AM 3. soft rush herb FACW+ 9. #N/A #N/A Juucus e asus #N/A 4. Black willow shrub OBL 10. #N/A #N/A Salix ui ra #N/A 5. #N/A #N/A 11. #N/A #N/A #N/A #N/A 6. #N/A #N/A 12. #N/A #N/A #N/A 011A Percent of dominant species that are OBL, FACW, or FAC (Excluding FAC-): 100% Remarks The hydrophytic vegetation criterion has been met. HYDROLOGY RECORDED DATA (DESCRIBE IN REMARKS); WETLAND HYDROLOGY INDICATORS Primary Indicators: ? Stream, Lake, or Tide Gauge ? Inundated ? Aerial Photographs Q Saturated in Upper 12 Inches ? Other ? Water Marks El Drift Lines Q NO RECORDED DATA AVAILABLE ? Sediment Deposits Drainage Patterns in Wetlands FIELD OBSERVATIONS Secondary Indicators (2 or more required): ? Oxidized Root Channels in Upper 12 Inches Depth of Surface Water: 0 ? Water-Stained Leaves ? Local Soil Survey Data Depth to Free Water in Pit: >12" FAC-Neutral Test U Other (Explain in Remarks) Depth to Saturated Soil: 12" Remarks: The hydrologic criterion has been met. DATA FORM ROUTINE WETLAND DETERMINATION GA (1987 CE Wetlands Delineation Manual) Project/Site: Swift Creek Pedestrian Bride Date: 11/19/2008 Applicant/Owtter: Stewart Engineering County: Wake Investigator: Environmental Services, Inc. (ESI), GT State: NC Do normal circumstances exist on the site? Yes No Community ID: forested Is the site significantly disturbed (atypical situation)? ?Yes Q No Transect ID: upland Is the area a potential problem area Of needed, explain)? Data Point #: GAI ? Yes Fv] No VEGETATION DOMINANT STRATUM INDICATOR DOMINANT STRATUM INDICATOR PLANT SPECIES PLANT SPECIES 1. Sweetgum tree FAC+ 7. #N/A #N/A Li uidambar s raci :ra #N/A 2. Red maple tree FAC 8. #N/A #N/A Acer rubrion #N/A 3. winged elm tree FACU+ 9. #N/A #N/A Uhnus rubra #N/A 4. green ash tree FACW 10. #N/A #N/A Fravinus enns lvanica #N/A 5. honeysuckle vine FAC- 11. #N/A #N/A Lonicera 'a onica #N/A 6. Chinese privet shrub FAC 1 12. #N/A #N/A Li ush•um sinense #A?/A Percent of dominant species that are OBL, FACW, or FAC (Excluding FAC-): 67% Remarks The hydrophytic vegetation criterion has been met, HYDROLOGY ? RECORDED DATA (DESCRIBE IN REMARKS): WETLAND HYDROLOGY INDICATORS Primary Indicators: ? Stream, Lake, or Tide Gauge ? Inundated ? Aerial Photographs ( Saturated in Upper 12 Inches ? Other ? Water Marks ? Drift Lines [] NO RECORDED DATA AVAILABLE ? Sediment Deposits ? Drainage Patterns in Wetlands FIELD OBSERVATIONS Secondary Indicators (2 or more required): ? Oxidized Root Channels in Upper 12 Inches Depth of Surface Water: 0 ? Water-Stained Leaves ? Local Soil Survey Data Depth to Free Water in Pit: >18" ? FAC-Neutral Test ? Other (Explain in Remarks) Depth to Saturated Soil: >18" Remarks: The hydrologic criterion has not been met. a ,JOrtn caroiina division or water utum it - weam rcentmcauon rorm; version o. Date: 11/19/2008 Project: Swift Creek Ped. Bridge Latitude: lEvalualor: ES) (Gail Tyner) Site: Longitude: are at least fnlermltlent if 38.75 xrennfal ff >=30. Wake Other: A. Geomor hold subtotal = 19.5 V. Continuous bed and bank 00 01 02 03 2. Sinuosity 00 0 1 02 03 3. In-channel structure: riffle pool sequence 00 01 (D 2 03 4. Soil texture or stream substrate sorting 00 01 02 03 5. Active/relic floodplain 00 01 02 (D 3 6. Depositional bars or benches 00 C)1 02 03 7. Braided channel d 0 01 02 03 8. Recent alluvial deposits 00 (D 1 02 03 9'. Natural levees 00 01 02 03 10. hieadcuts G) 0 01 02 03 11. Grade controls t`) 0 00.5 01 01.5 12, Natural valley and drains ewa 00 00.5 01 01,5 13. Second or greater order channel on existing USGS or NRCS ma or other documented evidence. U No = 0 (D Yes = 3 -r<anmaua u.rcr>as Wu In M&-Val S. Hvdroloov subtotal = 9.5 14. Groundwater flow/dlschar a 00 01 02 03 5. Water in channel an >48 rs since rain, _qr Water In c anne - d or growing season 00 01 02 C•3 3 16. Leaflitter 01.5 0 1 00.5 00 17. Sediment on lank 00 00.5 01 01.5 18. Organic debris lines or piles wrack lines) 1 00 0 0.5 01 (D 1.5 19. H dric soils redoxomor hic features) resent? 0 No = 0 a Yes = 1.5 C. Bloloov subtotal = 9.75 20'. Fibrous roots in channel G 3 02 01 00 21*, Rooted plants in channel {D 3 02 01 00 22. Crayfish 00 00,5 01 01.5 23. Bivalves 00 01 Q 2 03 24. Fish Q 0 00.5 01 01.5 25. Amphibians 00 00.15 01 01.5 28. Macrobenthos note diversity and abundance 00 0 0.5 01 01.5 27. Filamentous algae; eri h ton 00 00.5 01 01.5 28. Iron oxidizing bacteria/fun us tD 0 00.5 0 1 01.5 29'. Welland plants in streambed Q FAC CD . . - FACW O OBL 0 SAV Q Other ?..?r.> <.. <, r.,w, v„ u,o Na>or w up,arv p:arxs, Run "no m on uw proxraw or aWacc or wevanc pants Votes: Swift Creek is mapped on both the USGS Wake County Soil Survey and USGS topographic Quadrangle. 'r .orth Carolina utviston of Water tluallt - Stream loenlntcation rorm; version s..1 Date: 11/19/2008 Project: Swift Creek Ped. Bridge Latitude: Evaluator: ESI (Gail Tyner) Site: Longitude: Total points: Streams are at least lntermillent It Coun !y Wake Other: 7?? S .>-Igor perennial if >-30. A r':smm?rnL?n(ntiu e1`rMM.f c 14 1`i '? dti a`ni - FliSr M?a 9r1<jM f ^P M M% 1 *. Continuous bed and bank 00 01 02 Q 3 2. Sinuosity G 0 01 02 03 3. In-channel structure: riffle pool sequence 00 O 1 02 03 4. Soil texture or stream substrate sorting 00 (7 1 02 03 5. Active/relic flood lain 00 U 1 02 03 6. Depositional bars or benches 00 (D 1 02 03 7. Braided channel (D 0 01 02 03 8. Recent alluvial deposits U 0 01 02 03 9*. Natural levees 00 M 1 02 03 10, Headcuts 00 01 02 03 11. Grade controls 00 00.5 01 01.5 12. Natural valley and drains ewa 00 (D 0.5 01 01.5 13. Second or greater order channel on existing USGS or NRCS map or other documented evidence. No = Q (! Yes = 3 'Marrmeoo mimes are M 1`8190; 394 01sw5510na 0 menuar R. Hvrirnlnnv suhfntal = .5 14. Groundwater flow/dischar e 00 (D 1 02 03 15, Water In channel an >48 rs since rain, or Water In channel . d or growing season 00 0 1 02 03 16. Leaflitter 01.6 01 00.6 00 17. Sediment on plants 00 (D 0.5 01 01.6 18.Organic debris lines or piles wrack lines) 00 O 0.5 01 01.5 19. H dric soils redoxomor hic features resent? O No = 0 0 Yes = 1.5 C. Bioloov subtotal = 4 20*. Fibrous roots In channel 03 02 01 00 21*. Rooted plants in channel 03 (D 2 01 00 22. Crayfish 0 0 00.5 01 01.6 23. Bivalves _ U 0 01 02 03 24. Fish 00 00.6 01 01.5 25. Amphibians 00 00.6 01 01.6 26. Macrobenthos pots diversity and abundance 00 00.5 01 01.5 27. Filamentous algae; eri h ton (D 0 00.6 (1 01.6 28. Iron oxidizing bacteriatfungus 00 00.5 01 01.6 29*. Wetland plants In streambed O FAC 0 FACW O OBL Q SAV Q Other hems 4vz1 rows a1` uw preserxa or Warm prams, item ze lotuses on ure preserxe of aquatic or weuano prams dotes: This tributary to Swift Creek Is mapped on the USGS Wake County Soil Survey S STEWART TAB D 1871 ENGINEERING DEPARTMENT December 18, 2009 Mr. Paul Kuhn Parks and Recreation Department Town of Cary 316 N. Academy St. PO Box 8005 Cary, NC 27513 Mr. Kuhn: After reviewing the plans for the Swift Creek Greenway and Pedestrian Bridge (dated November 9, 2009 on sheet 9 of 20), I have determined that this project does not impact the FEMA regulated floodway and therefore does not need a no-rise certification. The bridge abutments do not intersect the floodplain and the low cord is located greater than 1.0 feet above the FEMA floodplain elevation, therefore, the bridge spans the FEMA floodplain and no floodplain permits are needed. If you have any questions regarding floodplain issues on this project, please give me a call at (919) 380-2773 or email me at dan.clinton@townofcary.org. Thank you ? c. v o? Dan Clinton, PE, CFM Town of Cary Floodplain Manager TOWN Ot CARY 316 North Academy Street • Cary, NC 27513 • PO Box 8005 • Cary, NC 27512-8005 te1919-469-4030 9 fax 919-460-49359 www.townofcary.org www.stowart-en9.com S STEWART TAB E ?NRR ?Y QIWA North Carolina Department of Cultural Resources State Historic Preservation Office Peter B. Sandbeck, Administrator Beverly Eaves Perdue, Governor Linda A. Carlisle, Secretary Jeffrey J. Crow, Deputy Secretary January 5, 2010 Iona Thomas Stewart ,421 Fayetteville Street Suite 400 Raleigh, NC 27601 Office of Archives and History Division of Historical Resources David Brook, Director Re: Swift Creek Pedestrian Bridge and Greenway, Cary, Wake County, ER 09-3004 Dear Ms. Thomas: Thank you for your letter of December 17, 2009, concerning the above project. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill-Earley, environmental review coordinator, at 919-807-6579. In all future communication concerning this project, please cite the above-referenced tracking number. Sincerely, ..?.01-a a & L.? eter Sandbeck Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 807-6570/807-6599