20041920 Ver 2_More Info Received_20100308

DR. J.H. CARTER III & ASSOCIATES, INC.
Environmental Consultants
P.O. Box 891 • Southern Pines, N.C. 28388
[phone] 9 Fax [phone]
Ms. Lia Gilleski
NC Division of Water Quality
401 Wetlands Unit/ Express Review
1650 Mail Service Center
Raleigh, NC 27699-1650
5 March 2010
I; i: ?(? ?? LlJ ill
T :.NR • YVATER QUAD !TY
VYE;LANDS AND STOMAVATER SRANCH
SUBJECT: THIRD FORK CREEK GREENWAY, SOUTHERN TRAIL
ACTION ID 2009-01608; DWQ EXP # 04-1920v2
Dear Ms. Gilleski:
This letter is in reference to the issued Nationwide Permit No. 14, dated 8-28-2009, for the
Third Fork Creek Greenway, City of Durham, Durham County, North Carolina (NC). The permitted
impacts were for 0.37 acre of wetlands and 157 linear feet of intermittent/ unimportant stream and
12,390 square feet of riparian buffer (4,440 in Zone 1 and 7,950 in Zone 2). During the course of
reviewing the new Jordan Lake Nutrient Buffer Rules and modifying several fill slope issues on the
construction drawings the impacts to wetlands and riparian buffers have been slightly altered. The
attached tables and drawings illustrate the location and the amount of impacts associated with the
modifications. The modifications to the wetlands impacts total an additional 0.034 acre of wetland
bring the total wetlands impacts to 0.404 acre. The modifications to the riparian buffers result in an
additional 22,789 square feet of buffer impact bring the total to 35,269 square feet.
We respectfully requested a modification to the above-referenced permit for an additional
0.034 acre of wetland impacts and for an additional 22,798 square feet of riparian buffer impact. We
propose no additional wetland mitigation, since the original wetland mitigation credits purchased were
for 0.50 acre or riparian wetland.
Please contact me if you have any questions or concerns, or if you need any additional
information regarding this request. Thank you for your time.
Si cerely,
Je' i er M. Archam milt
Wildlife Biologist
Endangered Species Surveys 9 Environmental Assessments 9 Land Management • Wetlands Mapping and Permitting
CC: Mr. Daniel King - City of Durham
Mr. Dan Jewell - CJT, P.A.
Ms. Lia Gilleski - NC Division of Water Quality
ARMY CORPS OF ENGINES
WILMINGTON DISTRICT COPY
Action ID(s): 2009-01608 County: Durham USGS Quad: Southwest Durham
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner: City of Durham, Project Mgmt. Div. Authorized Agent: Dr. J.H. Carter III & Assoc., Inc.
Daniel L. King Attn: Jennifer M. Archambault
Mailing Address: 2011 Fay Street 515-F Midland Road
Durham, NC 27704 Southern Pines, NC 28387
Telephone No.: 919-560-4197,x245 910-695-1043
Size and location of property (road name/number, town, etc.): Proposed Third Fork Creek Greenway, Southern Trail,
project is approximately 3.7 miles in length, from Garrett Road (SR 1116), -700 feet north of Hope Valley Road, to Oak
Ridge Boulvard, southeast of S. Roxboro Street, southeast of Durham, North Carolina.
Site Coordinates: 35.94°N -78.92°W Waterway: UTs to Third Fork Creek River Basin: Cape Fear HUC: 03030002
Description of projects area and activity (see page 2 for a summary of authorized impacts): Mechanized land clearing,
excavation, the installation of culverts, and the placement of fill (earth, riprap and pavement), necessary for the
construction of the Third Fork Greenway, Southern Trail, in accordance with the drawings submitted on 8/6/2009 and
8/19/2009, and subject to the attached special conditions.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Nationwide General Permit Number(s): 14
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and
your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop
work order, a restoration order and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or
revoked. If, prior to the expiration date identified below, the nationwide 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 permit. If
the nationwide 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 permit, activities which have commenced (i.e., are under construction) or are under contract to
commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date
of the nationwide 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 Quality (telephone [phone]) to determine Section 401 requirements.
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 Eric Alsmeyer at telephone (M) 554-4884, ext. 23.
Corps Regulatory Official Date: 11/13/2009 Verification Expiration Date: 11/13/2011
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 the Customer Satisfaction Survey located at our website at http://regulatory.usacesurvey con-/ to complete the survey online.
Copy Furnished: JHC (J. Archambault)
Page 1 of 2
Determination of Jurisdiction:
F-1 used 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).
? 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.
? 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.
® The jurisdictional areas within the above described project area have been identified under a previous action. Please reference the
jurisdictional determination issued on 3/17/2005, AID 200020046.
Basis of Jurisdictional Determination: The impact area contains unnamed tributaries to Third Fork Creek, which flow to Jordan Lake
and the Cape Fear River, a navigable waterway, and and contains adiacent wetlands.
Summarv of Authorized Impacts and Required Mitigation
NWP / Open Water (ac) Wetland ac Unim ortant Steam (1 Important Stream (I
Action ID # GP # Tempora Permanent Temporary Permanent Temporary Permanent Temporary Permanent
2009-01608 14 0.39 157

Impact Totals 0 0 0 0.39 0 157 0
Total Loss of Waters of the U.S. (ac) 0.37 Total Loss of Waters of the U.S. I 157
Required Wetland Mitigation (ac) 1 0 Required Stream Mitigation (If) 0
Note: This verification replaces the previous verifications for this project dated 3/17/2005 and 8/28/2009. No additonal
mitigation is required.
Riprap erosion protection placed at culvert crossing sites should be placed only on the stream banks, or, if it is necessary
to be placed in the stream bed, the riprap should be placed no higher than the original stream bed.
Special Permit Condition: In order to compensate for loss of 0.37 acre of riparian wetlands, the permittee is required to
make payment to the North Carolina Ecosystem Enhancement Program (EEP), in the amount determined by EEP
sufficient to perform 0.37 acre of restoration equivalent riparian wetlands mitigation, in the Cape Fear River basin
(Hydrologic Cataloging Unit 03030002. According to a receipt dated April 21, 2005, EEP has provided written
confirmation that it agrees to accept responsibility for the mitigation work required, and the permittee has made
sufficient payment, in compliance with the MOU between the North Carolina Department of Environment and Natural
Resources and the United States Army Corps of Engineers, Wilmington District, dated November 4, 1998. No further
payment is required.
Page 2 of 2
Additional Wetland Area of Impact Located within
Type of Impact 100-year Type of Wetland',
impact (station) (acres)
Floodplain
6+35 (MLK Trail Non-forested
Fill/Riprap 0.01 yes
Spur) Easement
164+70 Fill/Riprap 0.009
177+90 to 178+45 ! Fill 0.007
---- --- - : --. -- - -
A 1-7 Fill/Grade 0.008
Non-forested
yes
Easement
yes Forested
T
yes Non-forested
Easement
Total Impacts 1 1 0.034
Buffer Impact Reason for Buffer Mitigation Zone 1 Impact Zone 2 Impact
Stream Name
Station Impact Requirement (square feet) (square feet)
6+30 to 7+40 GreenwaY Trail Third Fork Creek allowable 445 702

15+80 to 17+10 Greenway Trail Third Fork Creek allowable 668 508
37+50 to 51+40 Greenway Trail Third Fork Creek allowable 6,488 3,183

62+20 to 63+60 Greenway Trail Third Fork Creek allowable 359 222
89+40 to 92+20 Greenway Trail Third Fork Creek allowable 1,067 1,370

96+15 to Cardinal
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97+40 to 104+30 Greenway Trail Third Fork Creek allowable 2,150 3,598

111+45 to 113+10 Greenway Trail Third Fork Creek allowable 1,374 568
120+20 to 122+30 Greenway Trail Third Fork Creek allowable 0 444

128+50 to 132+75 Greenway Trail Third Fork Creek allowable 2,180 1,369
134+10 to 135+10 Greenway Trail Third Fork Creek allowable 187 799
164+60 riprap Third Fork Creek allowable 270 0
168+30 to 172+35* Greenway Trail Third Fork Creek allowable 1,435 2,424
175+40 to 178+80 Greenway Trail Third Fork Creek allowable 909 2,242
Total Impacts 17,718 17,551
*Impacts at Sta.170+50 to 172+40 are in an area that currently consists of paved parking lot that will be moved
9 feet to allow for the greenway trail.
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