20041920 Ver 3_401 Application_20100413

DR. J.H. CARTER III & ASSOCIATES, INC.
Environmental Consultants
P.O. Box 891 • Southern Pines, N.C. 28388
[phone] • Fax [phone] EXQ OA " % R Zo v 3
To: Ms. Lia Gilleski
NCDWQ 401/Express Permitting Unit
2321 Crabtree Blvd. Suite 250
Raleigh, NC 27604
Letter of Transmittal
Date: 4-12-10 Job # 0912
Attn:
Re: Third Fork Creek permit modification
WE ARE SENDING YOU Attached Reports Maps SPALID,
one
Copy of letter Plans Data
Prints Photos X Permit
COPIES DATE # P s DESCRIPTION
5 4-12-10 18 Application for permit modification
proposed Third Fork Creek Southern Greenwa
Durham, Durham Co., NC
1 -- check #16737 in the amount of $1,000 for permitting fee

THESE ARE TRANSMITTED
X For approval Approved as noted
For your use Approved as submitted
As requested Returned for corrections
For review and comment For your information
REMARKS: Lia,
***Coulter, Jewell, Thames is delivering their plats and electronic copy (on CD)
separately from this package; those materials are not included on this transmittal.***
Wetland, buffer and temporary impacts have been reduced or eliminated where possible.
Stream impacts remain unchanged. Please contact me and/or Kevin Hamak (CJT) with
any questions.
Thank you,
Jennifer M. Archambault

DENR • NRATER QUALITY
S ANO STO?yyrATER
COPY TO: Kevin Hamak -CJT SIGNED: r
Eric Alsmeyer - USACE
If enclosures are not noted, please contact us i ediately
Endangered Species Surveys • Environmental Assessments 9 Land Management 9 Wetlands Mapping and Permitting
DR. J.H. CARTER III & ASSOCIATES, INC.
Environmental Consultants
P.O. Box 891 • Southern Pines, N.C. 28388
[phone] 9 Fax [phone]
12 April 2010
Ms. Lia Gilleski
NC Division of Water Quality
401 Wetlands Unit/ Express Review
1650 Mail Service Center
Raleigh, NC 27699-1650
Dear Ms. Gilleski:
Enclosed is an application for a full permit modification for jurisdictional impacts along the
Third Fork Creek Southern Greenway (DWQ EXP No. 04-19200) in Durham, Durham County, North
Carolina. I've enclosed 5 copies and a check in the amount of S 1,000.00 (Express Review fee) in this
packet. The proposed project was most recently permitted in August 2009 under a Nationwide Permit
No. 14 (Action ID 2009-01608) and corresponding Water Quality Certification (DWQ Project # 04-
1920v2). The enclosed application contains proposed modifications to wetland and riparian buffer
impacts and includes temporary impacts to both wetlands and riparian buffers. There are no proposed
modifications to stream impacts.
The previous permits allowed the following impacts: 0.045 acre of forested wetlands, 0.329
acre of non-forested wetlands (0.374 acre total wetland impacts), 157 linear feet of intermittent ditch/
unimportant stream and 12,390 square feet of riparian buffer (4,440 in Zone 1 and 7,950 in Zone 2).
The 404 permit was modified in November 2009 to include a total of 0.39 acre of wetland impacts.
Proposed impacts in this modification include: 0.048 acre of forested wetlands, 0.307 acre of no-
forested wetlands in an existing sewer right-of-way (0.355 acre of total permanent wetland
impacts), 157 linear feet of intermittent ditch/ unimportant stream (unchanged), and 29,657
square feet of riparian buffer (12,916 in Zone 1 and 16,741 in Zone 2). Temporary impacts include
0.848 acre of wetland and 53,005 square feet of riparian buffer (24,058 in Zone 1 and 28,947 in Zone
2).
Changes to wetland impacts include impacts at 2 previously unidentified locations (identified in
the enclosed impact table as MLK spur) and additional impacts at 2 locations (A1-7 and W1-4). We
Endangered Species Surveys 9 Environmental Assessments 9 Land Management • Wetlands Mapping and Permitting
were able to slightly modify impacts in other locations, thus reducing the net permanent wetland
impact from the previous permit.
Temporary impacts were previously not accounted for. They will occur within the existing
sewer right-of-wax, which has had long-term disturbance and is still regularly disturbed and
maintained. Wetlands within the sewer right-of-way consist of mowed herbaceous vegetation with
disturbed soils and hydrology, as the sewer line has been in place and maintained for 30-40 years.
Temporary impacts were calculated using the position of silt-fencing, tree-protection fencing or limits
of work as shown on the enclosed plans. Temporary wetland and buffer impacts are needed to allow
heavy equipment to maneuver within the easement and alongside the trail as it is constructed and to
provide access to the trail route. Access is severely limited along the - 4 mile trail, which has only a
few access points via intersecting roads along the entire route. Additionally, limiting the construction
corridor strictly to the proposed 10-foot wide trail would increase construction costs significantly.
Temporary impact areas will be revegetated as necessary with an appropriate native seed mix from a
local supplier (Mellow Marsh Farms, Inc. - see attached sheet for seed mix ingredients).
There have been only modest changes to the project design since the last permitting action and
the purpose for the changes was to minimize and avoid jurisdictional impacts. As before, most of the
trail will be constructed within existing sewer and road rights-of-way and most jurisdictional impacts
are within these non-forested, disturbed rights-of-way. Jurisdictional impacts were avoided and
minimized by revising the project alignment several times during the permitting processes, by crossing
in areas that have already been disturbed and by using no-impact boardwalks at many crossings.
Mitigation requirements for the proposed impacts were satisfied via payment to the NC
Ecosystem Enhancement Program during the initial permitting of this project in 2004. Note that copies
of previous permits and other pertinent documentation were submitted during permitting last August.
Please review the enclosed application for permit modification and contact me if you need any
additional information. Thank you for your time.
Sincerely,
Jennifer M. Archambault
Wildlife Biologist
CC: Mr. Eric Alsmeyer - US Army Corps of Engineers
Mr. Don Stewart - City of Durham
Mr. Kevin Hamak - Coulter, Jewell, Thames, P.A.
ENCLOSURE: Contents of MMF Riparian Buffer Mix from Mellow Marsh Farms, Inc.
Source: http://www.mellowmarshfarm.com/seed.html#rbm. Accessed 12 April\
2010.
SCIENTIFIC, NAME CO1\IMON;NAME ?PERCENT
El mus vir inicus Virginia wild rye 15
Panicum vir atum blunt panic grass 15
A rostis stoloni era creeping bent grass 10
Rudbeckia hirta NC ecotype) black-eyed Susan 10
Coreo sis lanceolata lon stalk coreo sis 10
Panicum clandestinum deer tongue 10
Andro 0 on erardii big bluestem 5
Juncus effuses soft rush 5
Echinochloa muricata barnyard grass 5
Schizach rium sco arium little bluestem 5
Sor hastrum nutans Indian grass 5
Tri sacum dac loides gamma grass 5

TOTAL 100
Version 1.4
January 9, 2009
401 Oversight/Express Permitting PCN Submittal Checklist
® The application fee (Checks may be made out to "N.C. Division of Water Quality"
- $240.00 for 401 Water Quality Certification with minor impacts
- $570.00 for 401 Water Quality Certification with major impacts
Express Review Fee (Amount requested on Acceptance Letter)
® Five (5) complete and collated copies of the PCN Application and supporting
documentation (instead of providing 5 copies of the full size plans you may provide two
copies of full size plans along with three copies of 11 X 17 plans)
? Stormwater Management Plan (if applicable - see PCN Form Help File Section E)
1) Please provide three (3) copies of the stormwater management plans along with all
supporting information pertaining to this project including the following:
a. Entire site development/layout plans delineating all drainage areas;
b. Design calculation sheets for all proposed BMPs) sized for both on-site and
off-site drainage;
c. BMP supplements for each proposed BMP and Required Items Check List
(http://h2o.enr.state.nc.us/su/bmp forms.htm) along with all required
items;
d. A Notarized Operation & Maintenance Agreement for each stormwater
management facility;
e. Detailed construction drawing sheets shall include
(i) Erosion and sediment control plans;
(ii) Installation and planting schedules for the proposed BMPs;
(iii) Appropriately scaled plan views and cross sectional details of all
BMPs and associated components - inlet and outlet structures,
forebay, respective zones and pertinent elevations.
? If your project is located within a State implemented Riparian Buffer Rule Area, submit the
following along with site plans and PCN form:
1) Three (3) copies of the details for on-site diffuse flow provisions, (refer to
http://h2o.enr.state.nc.us/su/bmp_forms.htm).
? DWQ Stream Determination Forms for streams on property and DWQ determination
letter for wetlands or streams (if applicable).
The following is the most critical of all the information that you must provide. The quality and
detail of the information will often determine the expeditiousness of the review. The following is
a checklist of the types of pertinent information required at a minimum:
Maps and Plans:
® The most recent version of the 1:24,000 USGS Topographic Map - Please cleanly draw or
delineate the site boundaries on the topographic map.
w,
® The most recent version of the bound and published County NRCS Soil Survey Map -
(required for projects within the Neuse River Basin, Tar-Pamlico River Basin, Randleman
Lake Watershed and the Catawba River Basin, also recommended for all projects) -
Please clearly delineate the site boundaries, etc. on the map. If the delineation obscures
any of the features, it is recommended that a clean copy be provided. Copies of the
I,r,
v? -Ih? r? I cs+ V_",
Version 1.4
January 9, 2009
current soil survey and/or soil survey map sheets can be obtained from the local NRCS
County Office (http://www.nc.nres.usda.gov/). GIS soil layers are not acceptable.
® Vicinity map - Please clearly mark the location and approximate boundaries of the property
and project on the map. Please indicate north arrow and scale. Please include applicable
road names or State Road numbers.
® The Site Plan - The most critical map to be provided is the site plan. You must provide full
sized plans. The following is the minimum list of plans that are typically needed.
® Pre-construction/Pre-existing conditions - This sheet (or sheets) must include:
• All jurisdictional and non-jurisdictional wetland, stream, water features, State regulated
buffers (delineated into Zones 1 and 2)
• Topographic contours with elevations
• Any existing structures and impervious areas
• Existing utility lines and easements
• Existing roads, culverts, and other pertinent features
• North arrow and the scale (1 ":50' scale is recommended).
® Proposed conditions - This sheet (or sheets) must include:
• All jurisdictional and non-jurisdictional wetland, stream, water features, State regulated
buffers (delineated into Zones 1 and 2)
• Lot layout (if a subdivision or commercial development is proposed) - lots must be
developable without further impacts to jurisdictional and non jurisdictional wetlands,
streams, water features, and State regulated buffers. Building envelopes must be
provided when streams, wetlands, riparian buffers, or water features exist on a lot
• All built-out structures and impervious cover
• Final grading contours with elevations
• All utilities and easements (including septic fields on all lots within 100 feet of stream,
wetland, or water features - if applicable)
• Impacted areas - these should correspond with the Impact numbers listed on your PCN
form.
® Drainage Plans - Final drainage plans must include the following:
• Locations and pertinent elevations and sizes of the stormwater collection system and
drainage ways
• All inlets and outlets must also be shown with pertinent elevations (All outlets to
wetlands must be at a non-erosive velocity, generally less than 2 ft/sec during the peak
flow from the 10-vr storm)
• Scaled stormwater BMPs must also be indicated as required by DWQ rules and policies
• In certain cases (see Section E of PCN form), final stormwater management plans must
also be provided (see Stormwater Management Plan Checklist)
® Proposed Impacts - All impacts to jurisdictional and non-jurisdictional wetland, stream,
water features, and State regulated buffers must be shown and labeled on the site plans at
a scale no smaller than 1" = 50'. All excavation, fill, flooding, stabilization, and other impacts
that will be conducted in or near jurisdictional and non-jurisdictional wetland, stream, water
features, and State regulated buffers must be indicated. Please provide cross sectional
details showing the provisions for aquatic life passage (burial of culvert 20% for culverts <_ 48
inches, and 1-foot for culverts > 48 inches).
1
Version 1.4
January 9, 2009
Wetland Impacts:
® Precise grading and final elevation contours must be provided. Existing
vegetation and any clearing must be specified.
? All subsurface utility lines must indicate the location of anti-seep collars.
Construction detail for anti-seep collars must be provided.
® Roadway or other crossings of riparian wetlands may require floodway culverts to
maintain existing hydrological conditions.
® Plans should show that the hydrology of remaining wetlands on the site will be
maintained.
Stream Impacts:
® Stream impacts must be clearly shown on the plans. The centerline as well as
the banks of the stream must be surveyed or located by GPS for the portion of
the stream to be impacted.
® The inlet and the outlet of all culverts should be aligned with the stream as
much as possible. Inlet and outlet elevations and streambed elevations should
be indicated. Any inlet or outlet protection must be shown and enumerated on
the impact map(s).
? For bottomless culverts or other spans, a vertical cross section should be
provided that shows the minimum distance from each span to each stream bank,
the stream cross section, the height of the span above the stream and the
minimum distance from the edge of each footer to each stream bank.
Additionally, please provide a signed and sealed geotechnical report of
subsurface soils at the proposed bottomless culvert location. The report must
comply with the Division of Highways - Guidelines for Drainage Studies and
Hydraulic Desiqn, prepared by A.L. Hankins, Jr., State Hydraulics Engineer -
1999.
? Multiple culverts or sectioned box culverts typically require the use of sills, off-
setting or other means to match the cross section of the existing stream (in order
to maintain stream stability and provide aquatic life passage). A vertical cross
section of the culverts should be shown overlain with the up and downstream
stream cross section including the stream flood-prone area.
? Impacts associated with dam construction must indicate and enumerate all fill
associated with the dam footprint, spillway and any bank stream bank
stabilization. The length of stream impounded must also be indicated and
enumerated.
0?, IN A E9
ti
O liiii? ,c'
Ex p E) * - I Ot o 3
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.0 November 2008
Pre-Construction Notification (PCN) Form IM A V Wk
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the
Corps:
FN Section 404 Permit ? Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: NWP 14 (WQC 3704) or General Permit (GP) n umber:
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
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: Third Fork Creek Southern Greenway IN
13 Q
2b. County: Durham
2c. Nearest municipality / town: Durham AP R I
3 >?Oi0
2d. Subdivision name: N/A DENR vwER-QUm_ny
2e. NCDOT only, T.I.P. or state
project no: ARRMVNCH
3. Owner Information
3a. Name on Recorded Deed: City of Durham
3b. Deed Book and Page No.
3c. Responsible Party (for LLC if
applicable):
Don Stewart, Project Manager
3d. Street address: 2011 Fay Street
3e. City, state, zip: Durham, NC 27704
3f. Telephone no.: [phone] ext. 21245
3g. Fax no.: [phone]
3h. Email address: [e-mail]
Page 1 of 13
PCN Form - Version 1.0 November 2008 Version

Section A. Applicant Information, continued
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent ? Other, specify:
4b. Name:
4c. Business name
(if9pp a
4d. S,. .

4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name: Jennifer Archambault
5b. Business name
(if applicable): Dr. J.H. Carter III & Associates, Inc., Environmental Consultants
5c. Street address: 515-F Midland Road
5d. City, state, zip: Southern Pines, NC 28387
5e. Telephone no.: [phone]
5f. Fax no.: [phone]
5g. Email address: [e-mail]

Page 2 of 13
PCN Form - November 2008 Version
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): See Table 1
1b. Site coordinates (in decimal degrees): 'N - 'W
1 c. Property size: - 44.7 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to Third Fork Creek
proposed project:
C; NSW (from source to a point 2 mi. upstream from NC
2b. Water Quality Classification of nearest receiving water: Hwy 54). WS-IV; NSW (from 2 mi. upstream from NC 54
to New Hope Creek (Jordan Lake))
2c. River basin: Cape Fear 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:
Most of the proposed project will be along existing sewer and road rights-of-way. A small section of the project will
traverse a City Park (Garrett Road Park). Surrounding land use is primarily residential, with a few highways and
commercial districts. The flood plain of Third Fork Creek is predominantly forested.
3b. List the total estimated acreage of all existing wetlands on the property:
Unknown; only wetlands along the proposed project route were delineated.
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
Unknown, see above.
3d. Explain the purpose of the proposed project:
The trail will become part of the Durham Area Greenway system and is intended to provide Durham area residents with a
safe, City-maintained greenway for recreational activities and a natural areas experience.
3e. Describe the overall project in detail, including the type of equipment to be used:
The applicant proposes to construct approximately 3.7 miles of a 10-foot-wide paved trail from Garrett Road Park (near
the intersection of Garrett Rd (SR 1106 and Hope Valley Rd (NC Hwy 751)) north to Southern Boundaries Park (near
Martin Luther King Pkwy (SR 1146). USACE and DWQ permits have been issued for most impacts related to this project.
(0.374 acre of wetlands, 157 linear feet of intermittent stream channel (ditches), 4,440 square feet of Zone 1 and 7,950
square feet of Zone 2 Jordan Water Supply protected riparian buffer). This application contains proposed modifications to
wetland and riparian buffer impacts, and includes temporary impacts to wetlands and buffers. The new total riparian
buffer impacts are 12,916 square feet in Zone 1 and 16,741 square feet in Zone 2 (with temporary impacts of 24,058
square feet in Zone 1 and 28,947 square feet in Zone 2). Total permanent wetland impacts are 0.355 acre and temporary
impacts are 0.848 acre. Stream impacts have not changed. The entire length of the trail will be paved with concrete
(along roads) or asphalt (along sewer rights-of-way and in cross-country sections). Dump trucks and standard grading
equipment will be used.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property Yes ? No ? Unknown
project (including all prior phases) in the past?
4b. If the Corps made the jurisdictional determination, what type
? Preliminary ®Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company:
Name (if known): previous consultant Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
JD renewed in conjunction with the original permit.
Page 3 of 13
PCN Form - Version 1.0 November 2008 Version
B. Project Information and Prior Project History
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.
This project was previously approved by both DWQ and the USACE, however, the work had not commenced and the
permits expired. The application was submitted 11-26-04. The original 401 Certification was issued 1-11-05 (DWQ
project # 04-1920). The USACE permit verification (NWP 14) was issued on 3-17-05 and expired 3-17-07 (Action ID
200020046). The original permit was for both the Third Fork Creek Southern and Northern trails. More recently, a 401
Certification was issued on 8-24-2009 (DWQ EXP No. 04-1920v2), a USACE NWP 14 (Action ID 2009-01608) was
issued on 8-28-2009 and later revised on11-13-2009. The permits are currently valid and expire on 11-13-2011.
6. Future Project Plans
6a. Is this a phased project? ? Yes ® No
6b. If yes, explain.
There are future plans for another section of trail north of this proposed project, however, it is a separate project and each
trail has a defined starting point and terminus. Each trail stands alone and the projects are not dependent on each other.
Page 4 of 13
PCN Form - November 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 Type of wetland Forested (Corps - 404, 10 Area of impact (acres)
Permanent (P) or impact (if known) DWQ - non-404, other)
Temporary T
W1 ? P ? T ? Yes ? No ? Corps
? DWQ
W2 ? P ? T ? Yes ? No ? Corps
? DWQ
W3 ? P ? T ? Yes ? No ? Corps
? DWQ
W4 ? P ? T ? Yes ? No ? Corps
? DWQ
W5 ? P ? T ? Yes ? No ? Corps
? DWQ
W6 ? P ? T ? Yes ? No ? Corps
? DWQ
2g. Total wetland impacts 0.355 acre
2h. Comments: Please see attached Table 2 for impact details and locations (station numbers correspond to mapping).
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.
Stream impact Type of Stream name Perennial (PER) or Average stream width (feet) Impact
number - impact intermittent (INT)? length
Permanent (P) or (linear feet)
Temporary (T)
S1 ? P ? T ? PER ? INT
S2 ?P?T ?PER ?INT
S3 ? P ? T ? PER ? INT
S4 ?P?T ?PER ?INT
S5 ? P ? T ? PER ? INT
S6 ? P ? T ? PER ? INT
3g. Total stream and tributary impacts 157 If
3h. Comments: See table 3 attached - there are NO CHANGES from the previous permit.
Page 5 of 13
PCN Form - Version 1.0 November 2008 Version
C. Proposed Impacts Inventory, continued
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 individual) list all o en water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of
impact number waterbody Type of impact Waterbody type Area of impact (acres)
- Permanent (if
(P) or applicable)
Temporary T
01 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
4f. Total open water impacts
4g. Comments: N/A
Page 6 of 13
PCN Form - November 2008 Version
C. Proposed Impacts Inventory, continued
5. Pond or Lake Construction
If and or lake construction pro osed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or (acres)
number purpose of pond
Flooded Filled Excavated Flooded Filled Excavated Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
? Yes ? No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If an impacts require mitigation, then ou MUST fill out Section D of this form.
6a.
? Neuse ? Tar-Pamlico ® Other: Jordan (Cape Fear)
Project is in which protected basin? ? Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number - Reason Buffer Zone 1 impact (square Zone 2 impact
Permanent (P) for impact Stream name mitigation feet) (square feet)
or Temporary required?
T
131 ®P ? T Green-
way trail Third Fork Ck
? Yes ®No
B2 ? P ? T ? Yes ? No
B3 ?P?T ?Yes ?No
6h. Total buffer impacts 12,916 16,741
6i. Comments: Buffer impacts occur at 16 locations along the proposed trail and Third Fork Creek. See Attached Table 4 for
a description of impacts by location. Impacts for the greenway trail are allowable under the Jordan Nutrient Rules Table of
Uses provided there are no practical alternatives. Most of the - 3.7 mile trail has been proposed outside of the buffers. This
trail design has been in place for several years prior to the Jordan Nutrient Rules effective date (8-11-09, just days before the
most recent permitting action). The portions of the trail that encroach upon the buffers offer the best overall placement for
the trail - the trail will be placed within the existing sewer right-of-way, which is already disturbed. Moving the trail out of the
50-foot buffer in these locations would require additional disturbance of forested wetlands, including clearing, within or just
outside of the buffer area.
Page 7 of 13
PCN Form - November 2008 Version
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.
Approximately 98% of the proposed trail route will follow existing sewer and road rights-of-way. The soils in and along
these rights-of-way have previously been disturbed and the corridors are maintained as non-forested areas. Placing the
trail along these rights-of-way reduces the amount of impact to non-disturbed areas and this design was considered to
have the least amount of impact. Additionally, this route will minimize necessary clearing and is in accordance with the
City of Durham's tree buffer ordinance - a 50-foot buffer was maintained from Third Fork Creek Trail, where feasible.
During previous permitting actions, the plans were revised several times in order to avoid and/or minimize impacts to
jurisdictional areas.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
The use of boardwalks are planned at many crossings to completely avoid jurisdictional impacts at these sites. One low
rise crossing (Sector C, line E) will be used to minimize stream impacts (Figure 3).
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
®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:
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: 0 linear feet
4c. If using stream mitigation, stream temperature: N/A warm, cool, cold
4d. Buffer mitigation requested (DWQ only): N/A square feet
4e. Riparian wetland mitigation requested: 0 acres
4f. Non-riparian wetland mitigation requested: 0 acres
4g. Coastal (tidal) wetland mitigation requested: 0 acres
4h.. Comments: Mitigation requirement was satisfied with a payment to EEP during the original permitting action in 2005 for
0.5 acre of impact. During the most recent permitting action in 2009, 0.42 acre of that credit was used, leaving a balance of
0.08 acre credit. At a 2:1 mitigation ratio for the 0.048 total forested wetland impacts (= 0.096 acre mitigation) and 1:1
mitigation for the remaining 0.307 acre of non-forested riparian wetlands, total mitigation for these impacts is 0.403 (-0.40)
acre. The proposed mitigation has already been satisfied.
5. Complete if Using a Permittee Responsible Mitigation Plan
Page 8 of 13
PCN Form - Version 1.0 November 2008 Version
D. Impact Justification and Mitigation, continued
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 Reason for impact Total impact
(square feet) Multiplier Required mitigation
(square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
Total buffer mitigation required:
6c. 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).
6d. Comments: Mitigation is not required for the proposed buffer impacts.
Page 9 of 13
PCN Form - November 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? ? Yes ® No
2. Determination if the Project Requires a Stormwater Management Plan
2a. Does the project require a Non-404 Jurisdictional General Permit? ? Yes ® No
2b. Is the project subject to General Certification 3704 or 3705? ® Yes ? No
3. Determination of Stormwater Review Jurisdiction
3a. Is this project subject to any of the following state-implemented stormwater ? Coastal counties
? HOW
management programs (check all that apply)? ? ORW
If so, attach one copy of the approval letter from the DWQ and one copy of the ? Session Law 2006-246
approved stormwater management plan. ? Other:
3b. In which local government's jurisdiction is this project? Durham
3c. Is this local government certified to implement a state stormwater program? ® Yes ? No
If so, attach one copy of the approval letter from the local government and one copy
of the approved stormwater management plan (or one copy of the approved
Stormwater management plan stamped as approved).
4. Information Required for DWQ 401 Unit Stormwater Review
4a. What is the overall percent imperviousness according to the most current site plan? 16.00%, see Table 1

4b. Does this project contain any areas that meet the criteria for "high density" per ? Yes ® No
General Certifications 3704 and 3705?

4c. If the site is over 24% impervious and/or contains high density areas, then provide a brief narrative description of the
stormwater management plan.
4d . Has a completed BMP Supplement Form with all required items been submitted ? Yes ? No
for each stormwater BMP?
Page 10 of 13
PCN Form - Version 1.0 November 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 Greenway Trail is intended for the public to enjoy the natural surroundings and will not encourage further
development in the area. Cumulative impacts to downstream water quality are not expected as a result of this project.
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.
There are no waste-generating facilities included in this project.
Page 11 of 13
PCN Form - Version 1.0 November 2008 Version
F. Supplementary Information, continued
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?
A protected species survey was conducted.
NC Natural Heritage Program GIS data, updated Dec. 2008 (including Natural Heritage Element Occurrence, Significant
Natural Heritage Area and Managed Area GIS layers.
USACE map "NC Counties with Hydrologic Basins with Rare Aquatic Species :
http://www.saw.usace.army. mil/WETLANDS/esa/watersheds-rare-aquatic-species.pdf
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?
South Atlantic Habitat and Ecosystem IMS: http://ocean.floridamarine.org/efh_coral/ims/viewer.htm;
This project is not located on the NC coast.
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?
Letter from State Historic Preservation Office 11-13-02.
8. Flood Zone Designation (Corps Requirement)
_
_
8a. Will this project occur in a FEMA-designated 100-year floodplain? ® Yes ? No
T
8b . If yes, explain how project meets FEMA requirements: A portion of the Third Fork Creek trail will be built in the regulated
100 year flood fringe. All box culverts over tributaries; boardwalks and other structures have been designed to achieve a
no-rise condition using the requisite HEC modeling methods, and these calculations and certifications have been
approved by the local Durham FEMA Official. In addition, the remainder of the trail has been designed so that the net
ll or other materials will be placed in the 100 year flood fringe that would cause a change in the flood
f
lt i
th
t
i
no
s
a
resu
fringe cross section anywhere along the project limits, other than the structures described. (Submitted by Coulter, Jewell,
Thames, P.A.)
8c . What source(s) did you use to make the floodplain determination? Project engineer (Coulter, Jewell, Thames, P.A. has
flood layers depicted on drawings.
_
__ F__ F
_
rage -1 Z or 1,3
PCN Form - November 2008 Version
F. Supplementary Information, continued
Jennifer M. Archambault, Agent 4. L "ntbkp:?. 4-12-2010
Applicant/Agent's Printed Name plicant/Agent's Signature
(Agent's Sig a ure is valid only if an authorization letter from the applicant Date
is provided.)
Page 13 of 13
PCN Form - November 2008 Version

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Table 3. Proposed impacts to streams, South Third Fork Creek Trail, Durham, North Carolina.
Section C. Proposed Impacts Inventory
3. Individually list all intermittent and perennial stream impacts below:
Stream Length Average Approximate
Impact Site of Width of Acreage of Perennial or GPS
Number Type of Impact Stream Stream Stream Intermittent? Coordinates
(indicate on Impact (linear Name Before Impact (please specify) (UTM Zone
ma) feet) Im act 17N)
Sector C
Extension of Ditch
J1-7 existing 24" 73 UT to TFC 2-3' 0.0050 Intermittent/ 685962 3979166
culvert Unimportant
Ditch
W1-4 2 - 30 84 UT to TFC 2-3' 0.0058 Intermittent/ 686903 3980544
culverts
Unimportant
TOTAL 157 ft* 0.0108 ac**
IMPACTS
* All impacts are to intermittent/unimportant stream channel (ditches)
**All non-forested streams
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