20090783 Ver 1_Time Ext Request_20110928

WITHERS'" RAVEN EL
ENGINEERS I PLANNERS I SURVEYORS
July 26, 2011
US Army Corps of Engineers
Regulatory Field Office
Attn: Mr. Jamie Shern
3331 Heritage Trade Drive
Suite 105
Wake Forest, NC 27587
NC-Division of Water Quality
401 Wetlands Unit
Attn: Mr. Ian McMillan
1650 Mail Service Center.
Raleigh, North Carolina 27699
Re: Southbridge Trail Connector- NWP 14
Request for Permit Extension
Corps AID #2009-01342
DWQ Project #09-0783
W&R Project #02090053
Dear Mr. Shern and Mr. McMillan,
JUL 2 8 2011
I #1
- - rNATEF? QUALITY
nM.. R r ...
On behalf of the Town of Cary, we are requesting a 1-year extension of the NWP 14 and 401 WQC
which were previously issued for the proposed project. The existing permits will expire on August
10, 2011.
The project has not been constructed to date due to the Town of Cary receiving funding for
construction of the greenway through a NCDOT Grant. The project is currently under review with
NCDOT and should receive approval by September 30, 2o11. The Town of Cary can not begin
construction under the project receives approval from NCDOT, which will be after the current NWP 14
and DWQ WQC have expired. Once NCDOT approves the project for funding, construction of the
Southbridge Trail Connector will begin and will be completed within the next 12 months.
Therefore, the Town of Cary is requesting a 1-year extension of the current NWP 14 and WQC to allow
for construction of the Southbridge Trail Connector under the current permits.
Please feel free to call if you have questions or require additional information.
Sincerely,
--/ --?7?? C- C5
Troy Beasley
WITHERS &-RAVENEL, INC.
Attachments:
• Previous 404 Permit
• Previous 401 WQC
1410 Commonwealth Drive Suite 101 Wilmington, NC 28403 1 tel: [phone] fax: [phone]
www.withersravenet.com I License No. C-0832
ff?
NCD NR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Goverror Director
August 12, 2009
Doug McRainey
Town of Cary
316 North Academy St.
Cary, NC 27513
Subject Property: Southbridge Trail Connector
Panther Creek [030605, 16-41-1-17-3, WSIV, NSW]
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. McRainey:
Dee Freeman
Secretary
DWQ Project # 09-0783
Wake County
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.06 acres of 404/Wetlands, as described within your revised application dated
August 6, 2009, and received by the N.C. Division of Water Quality (DWQ) on August 6, 2009, to
construct the proposed trail at the site. After reviewing your application, we have decided that the
impacts are covered by General Water Quality Certification Number(s) 3704 (GC3704). The
Certification(s) allows you to use Nationwide Permit(s) NW 14 when issued by the US Army Corps of
Engineers (USACE). In addition, you should obtain or otherwise comply with any other required federal,
state or local permits before you go ahead with your project including (but not limited to) Erosion and
Sediment Control, Non-discharge, and other regulations. Also, this approval to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon
expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H.0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
401 OversighJE-xpress Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
ocatian: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
1rlterlet htlp:llh2o.enr.state.nc.us+ncwetiands?
NorthCarolina
Naturalltf
An Equal Jnlportunity + AKurnative Action Erno(iyer
Town of Cary
Page 2 of 3
August 12, 2009
Type of Impact Amount Approved nits)_ Plan Location or Reference
404/Wetland 0.06 (acres) PCN page 5 of I 1
Sediment and Erosion Control:
2. Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the 404/401Permit Application. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality standards,
statutes, or rules occur;
4. Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval
from the Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, design and placement of temporary erosion control measures shall not be conducted in a
manner that may result in dis-equilibrium of wetlands or stream beds or banks, adjacent to or upstream
and down stream of the above structures. All sediment and erosion control devices shall be removed
and the natural grade restored within two (2) months of the date that the Division of Land Resources or
locally delegated program has released the project;
5. Protective Fencing - The outside buffer, wetland or water boundary and along the construction corridor
within these boundaries approved under this authorization shall be clearly marked with orange warning
fencing (or similar high visibility material) for the areas that have been approved to infringe within the
buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15 NCAC 2H,
Section .0500;
Certificate of Completion:
6. Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 /Wetlands Unit, North Carolina Division of Water Quality,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 or CAMA Permit.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
Town of Cary
Page 3 of 3
August 12, 2009
impacts to waters as depicted in your application and as authorized by this Certification shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone Cyndi Karoly or Ian McMillan in the Central Office in
Raleigh at 919-733-1786 or Lauren Witherspoon in the DWQ Raleigh Regional Office at 919-791-4200.
Sincerely,
Coleen H. Sullins
CHS/ijm
Enclosures: GC3704
Certificate of Completion
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
DLR Raleigh Regional Office
File Copy
Todd Preuninger, Withers & Ravenel, Inc., I I 1 MacKenan Dr., Cary, NC 27511
Mr. Tom Liebrecht, Cary Park Property Owners Association, 1000 Park Forty Plaza, Suite 300,
Durham, NC 27713
Filename: 090783 SouthbridgeTrailConnector(W ake)401
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 200901342 County: Wake USGS Quad: Greenlevel, NC
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Town of Cary
Address: Attn: Doug McRainev
316 North Aeademv St
Cary. NC 27513
Telephone No.: 919-469-4061
Size and location of property (water body, road name/number, town, etc.): The Southbridte Trail Connector is
approximately 1,000 feet long and is located approximately 400 feet east of the intersection of Cal-y Glen Blvd and
Grogans Mill Dr in Cary, Wake County, NC.
Description of projects area and activity: 'This authorization is for the permanent impact to 0.06 acres of wetland due
to the construction of a greenwa trail.. The 12roiect must be conducted in accordance with the application and
drawings submitted on 7/15/2009.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 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.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Pen-nit, or the Corps of Engineers regulatory
program, please contact Crystal Amsehler.
Corps Regulatory Official Date: 08/10/2009
Expiration Date of Verification. 8/10/2011
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.cotn/ to complete the survey
online.
Page 1 of 2
Determination of Jurisdiction:
? Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area.
This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 331).
? 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
jurisdictional determination issued . Action ID
Basis of Jurisdictional Determination: Wetlands were determined using, the Corps 1987 delineation manual. Streams were
identified utilizing +ordinarv high water mark as identified in the field
Appeals Information (This information applies only to approved jurisdictional determinations.)
Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that approved jurisdictional
determination, you can make an administrative appeal under 33 CFR 331. Enclosed you will find a Notification of Appeal Process
(NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA
form to the following address:
District Engineer, Wilmington Regulatory Division
Attn: Jean Manuele, Field Office Chief,
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by 10/9/2009.
**It is not necessary to submit an RFA form to the strict fic if you do not object to the determination in this correspondence.**
Corps Regulatory Official:
Date 08/10/2009 Expiration Date 08/10/2014
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORNIMS, PROJECT PLANS, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Furnished:
Cary Park Property Owners Association
Attn: Tom Liebrecht
1000 Park Forty Plaze, Suite 300
Durham, NC 27713
Withers & Ravenel
Attn: Todd Preuninger
111 MacKenan Dr
Cary, NC 27511
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