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HomeMy WebLinkAbout20201767 Ver 1_ePCN Application_20210128DWR Division of Water Resources Pre -Construction Notification (PCN) Form October 26, 2020 Ver 3.3 Initial Review Has this project met the requirements for acceptance in to the review process?* r Yes r No Is this project a public transportation project?* C Yes r No Change only if needed. BIMS # Assigned 20201767 Is a payment required for this project?* r No payment required r Fee received r Fee needed - send electronic notification Reviewing Office * Central Office - (919) 707-9000 Information for Initial Review 1a. Name of project: Walnut Creek Wetland Park Improvements 1a. Who is the Primary Contact?* Kevin Nunnery 1b. Primary Contact Email:* knunnery@biohabitats.com Date Submitted 1 /28/2021 Nearest Body of Water Walnut Creek Basin Neuse Water Classification QNSW Site Coordinates Latitude: Longitude: 35.757924-78.626933 Pre -Filing Meeting Information ID# 20201767 Pre -fling Meeting or Request Date* 12/8/2020 Attach documentation of Pre -Filing Meeting Request here:* DWR Pre -Filing Meeting Request Form.pdf Version#* 1 What amout is owed?* IT $240.00 r $570.00 Select Project Reviewer* Rick Trone:eads\rvtrone 1c. Primary Contact Phone:* (919)815-2309 Version 1 52.59KB A. Processing Information C^U County (or Counties) where the project is located: Wake Is this a NCDMS Project r Yes r No Is this project a public transportation project?* r Yes r No la. Type(s) of approval sought from the Corps: * Section 404 Permit (wetlands, streams and waters, Clean Water Act) r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* r Yes r No 1b. What type(s) of permit(s) do you wish to seek authorization? W Nationwide Permit (NWP) r Regional General Permit (RGP) r Standard (IP) 1c. Has the NWP or GP number been verified by the Corps? r Yes r No Nationwide Permit (NWP) Number: 14 - Linear transportation Nationwide Permit (NWP) Number: 18 - Minor Discharges NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: W 401 Water Quality Certification - Regular r Non-404 Jurisdictional General Permit r Individual Permit le. Is this notification solely for the record because written approval is not required? For the record only for DWR401 Certification: For the record only for Corps Permit: r 401 Water Quality Certification - Egress V Riparian Buffer Authorization 1f. Is this an after -the -fact permit application?* r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No Acceptance Letter Attachment 1h. Is the project located in any of NC's twenty coastal counties? r Yes r No 1j. Is the project located in a designated trout watershed? r Yes r No B. Applicant Information 1d. Who is applying for the permit? r Owner W Applicant (other than owner) le. Is there an Agent/Consultant for this project?* r Yes r No 2. Owner Information 2a. Name(s) on recorded deed: City of Raleigh 2b. Deed book and page no.: 16 properties: 008583, 00871; 008589, 00978; 018023, 00658; 008219, 01273; 003353, 00917; 008219, 01273; 008219, 01273; 008219, 01273; 008219, 01273; 008206, 00631; 008206, 00631; 008219, 01273; 008219, 01273; 008219, 01273; 008219, 01273; 008219, 01273 * r Yes r No r Yes r No 2c. Responsible party 2d.Address Street Address PO BOX 590 Address tine 2 city State / Ftmince / F�gion Raleigh NC Rstal / Zip Code Country 27602-0590 USA 2e. Telephone Number: 2f. Fax Number: (919)996-3285 2g. Email Address:* prcontact@raleighnc.gov 3. Applicant Information (if different from owner) 3a. Name: Kevin Nunnery 3b. Business Name: Blohabitats, Inc 3c.Address Street Address 7904 Hilburn Drive Address Line 2 (Sty State / Rmince / Rion Raleigh NC Postal / Zip Code Country 27613 Wake 3d. Telephone Number: 3e. Fax Number: (919)815-2309 3f. Email Address:* knunnery@biohabitats.com 4. Agent/Consultant (if applicable) 4a. Name: Kevin Nunnery 4b. Business Name: Biohabitats, Inc 4c.Address Street Address 7904 Hilburn Drive Address Line 2 City, State / Ftmince / F�gion Raleigh NC Postal / Zip Code Country 27613 USA 4d. Telephone Number: 4e. Fax Number: (919)815-2309 4f. Email Address:* knunnery@biohabitats.com Agent Authorization Letter* AGENT_AUTHORIZATION_FORM.pdf 96.16KB C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality/ town Raleigh 2. Project Identification 2a. Property Identification Number: 1713000349,1713001432, 1713002456,1713003428,1713003581,1713 004543,1713005505,1713005567, 1713006620,1713006682,1713007644, 1713008616,1713009622,1713004765, 1713103832,1713017445 2c. Project Address Street Address 950 Peterson Street Address Line 2 city Raleigh Postal / Zip Code 27610 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Walnut Creek 3b. Water Resources Classification of nearest receiving water:* C;NSW 3c. What river basin(s) is your project located in?* Neuse 3d. Please provide the 12-digit HUC in which the project is located. 030202011101 4. Project Description and History 2b. Property size: 41.75, 6.68, 3.18, 0.3, 0.25, 0.22, 0.18, 0.18, 0.18, 0.19, 0.19, 0.19, 0.19, 0.19, 0.27, 0.33 State / Rovince / Fbgion NC Country USA 4a. 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 site consists of sixteen parcels (-55 ac total), all of which are owned by the City of Raleigh and together make up Walnut Creek Wetland Park. The Walnut Creek Wetland Center, built in 2009, is located in the NE corner of the park, which is situated between Garner Road and State Street, south of Peterson Street. The property extends south of Peterson Street, across Walnut Creek, to Bailey Drive and Darby Street. The Park is bounded on the north and south by residential development, and on the east and west by the undeveloped floodplain of Walnut Creek. Approximately 0.55 miles of the Walnut Creek Trail pass through the site, part of the Raleigh Greenway system. Over 90 % of the site is undeveloped and forested and Will remain undeveloped, as a nature preserve. The land use/land cover classification is Mixed Deciduous -Coniferous Forest Land. Almost half the acreage of the site (-23 acres) is jurisdictional palustrine forested wetland. Approximately 2,300 feet of Walnut Creek is within the property, flowing west to east. An unnamed tributary (locally called Little Rock Creek) enters the site from underneath Peterson St on the eastern side of the property, and flows generally south for approximately 1,500 feet, to Walnut Creek just before it flows under State Street. Most of the property is in the Walnut Creek 100-yr floodplain. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* r Yes f• No r Unknown 4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) WC site location on USGS topo.pdf 1.48 MB 4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) WakeCountySoils_2020_11_16.pdf 3.17MB 4f. List the total estimated acreage of all existing wetlands on the property: 23 4g. List the total estimated linear feet of all existing streams on the property: 3,802 4h. Explain the purpose of the proposed project:* Raleigh Parks and Recreation proposes to implement improvements to the Park for public education and recreation. The focal point of the improvement project is a teaching platform, to be built in the wetland area, adjacent to the greenway, to facilitate environmental education opportunities for elementary school, middle -school and general public classes. A trail is proposed between the Wetland Center and the teaching platform, with a bridge over the unnamed tributary, that facilitates group access from the Center. Trails south of Walnut Creek are proposed to enable neighborhoods south of the Park better access to the natural areas in the Park. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The improvements to the Park, to enhance public education and park accessibility are as follows: 1. A connector trail from the Wetland Center building is proposed that extends south and west, over the unnamed tributary to Walnut Creek, locally called Little Rock Creek, to the epsting greenvey. Trail impacts are proposed under NWP 14. 2. A 10 foot -wide 60 foot -long bridge will span the creek. It Will not require supports in the creek and will not impact it. 2. A square teaching platform is proposed just southeast of the intersection of the proposed new path intersection with the eAsting greenway. This teaching platform will be used to teach elementary and high school classes in wetland science, and Will be ADA compliant. It is necessary to locate it on the edge of the wetland in order to allow students to collect soil and water samples immediately beside the platform, and give propmity to the wetland for visual observations and documentation. This platform Will be built to float during flood events that frequent the area. Four support posts at each corner will be used to anchor in place the platform during flood events, and a concrete pad is necessary to provide a stable surface for the platform to rest on during normal flows. This impact is proposed under NWP 18. 3. A trail is proposed south of Walnut Creek to provide the public with access to the park from adjacent neighborhoods. The trail will be a maintained 4 foot -vide trail. The trail will provide access from Bailey Drive to the southwest, across the southern boundary of the park property eastward. 4. A 5 ft-6 inch -wide, 60 foot -long concrete boardwalk is proposed over a wetland, then the trail proceeds north and east, north of the wetland and through Zone 2 of the stream buffer south of Walnut Creek. 5. The trail continues east across an unnamed, unmapped ditch/channel on a 5 ft-6 inch -wide 12 foot -long concrete boardwalk and up a set of stairs to the sidewalk beside State Street. There will be no indirect impacts, no future activities associated with the Park improvements Will have adverse effects. 4j. Please upload project drawings for the proposed project. 00-2018-266 - Raleigh Wetland Park-withStructurePlans.pdf 32.93MB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary r Approved r Not Verified r Unknown r N/A Corps AID Number: 2017-00880 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Kevin Nunnery Agency/Consultant Company: Biohabitats, Inc Other: r Unknown 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made bythe Corps or DWR 9/28/2017 5d1. Jurisdictional determination upload NOTIFICATION OF JURISDICTIONAL DETERMINATION.PDF 4.75MB 6. Future Project Plans 6a. Is this a phased project?* r' Yes r No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed projector related activity? D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): W Wetlands f Streams -tributaries W Buffers r Open Waters r Pond Construction 2. Wetland Impacts 2a1 Reason (?) 2b. Impact type * (?) 2c. Type of W. 2d. W. name * 2e. Forested * 2f. Type of 2g. Impact F-1 Jurisdicition*M teaching platform pad P Bottomland Hardwood Forest teaching platform pad Yes Corps 0.012 (acres) v 2 clearing around P Bottomland Hardwood Forest teaching platform Yes Corps 0.044 teaching platform, clearing for construction (acres) clearing for construction and teaching purposes 3 footprint of 60-foot P Bottomland Hardwood Forest boardwalk footprint Yes Corps 0.007 boardwalk span (acres) 4 clearing beside 60-foot P mland Hardwood Forest ff clearing beside 60-foot Yes Corps 0.019 boardwalk boardwalk (acres) clearing for trail near T mland Hardwood Forest ff clearing for trail near Yes Corps 0.001 Bailey Drive Bailey Drive (acres) 2g. Total Temporary Wetland Impact 0.001 2g. Total Wetland Impact 0.083 2h. Comments: Please see accompanying plans and impact illustrations for Site #'s and locations of impacts. 6. Buffer Impacts (for DWR) 2g. Total Permanent Wetland Impact 0.082 6a. Project is in which protect basin(s)? Check all that apply. FJ Neuse r Tar -Pamlico r Catawba r Randleman r Goose Creek r Jordan Lake r Other 6b. Impact Type 6c. Per or Temp 6d. Stream name 6e. Buffer mitigation required? 61f. Zone 1 impact 6g. Zone 2 impact Site #6 P LIT or Little Rock Cr No 0 111 Site #7 T UT or Little Rock Cr No 0 353 Site #8 T UT or Little Rock Cr No 0 153 Site #9 P UT or Little Rock Cr No 112 0 Site #10 P UT or Little Rock Cr No 497 258 Site #11 P UT or Little Rock Cr No 1,218 481 Site #12 P Walnut Creek No 0 3,444 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: 0.00 506.00 Zone 1 Zone 2 Total Permanent impacts: 1,827.00 4,294.00 Zone 1 Zone 2 Total combined buffer impacts: 1,827.00 4,800.00 61. Comments: #6- Sidewalk footprint, alignment necessary to avoid electrical utility box and to enhance safety, sidewalk won't fit between utility box and Wetland Center driveway unless it is directly beside driveway. #7- Construction entrance, grassed area near Wetland Center building, temporary #8- Construction entrance, grassed area and greenway alignment, near Peterson Drive #9- Footprint of 10 it wide, 40 it long footbridge over UT #10- Footprint of 10 it wide approaches and bridge abutments #11- Additional clearance clearing for footbridge approaches, abutments and bridge itself, permanent impacts. #12- Clearing for 4 ft wide natural surface trail on S side of Walnut Creek Supporting Documentation 2021-01-13 - 00-2018-266 - Raleigh Env Impact Exhbiit.pdf 8.88MB E. Impact Justification and Mitigation u 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: #1. Teaching Platform Pad- the justification for this permanent impact is that in order for the Park to offer accessible wetland educational programming, there is a need to get all people to a location of inundated wetland safely. Among the objectives that guide the park's development are: to encourage social engagement, provide a range of access for residents and visitors of all ages and abilities, and promote understanding, awareness, and appreciation of the unique wetland environment. The existing pathways provide limited access to Little Rock and Walnut Creek and no access to the wetland, restricting the educational possibilities and access for all. The teaching platform will offer hands-on environmental education opportunities that would otherwise not be available by providing direct water access, netting, or other educational experiences. It will also provide access for all, including those with wheelchairs and strollers. The placement of the pad at the edge of the wetland minimizes impact. Adjacency to the wetland necessitates the need for the teaching platform to be in the FEMA Floodway. The concrete pad beneath the teaching platform is necessary to decrease site roughness sufficiently to allow the proposed platform to achieve a FEMA No -rise certification. #2. Clearing Around Perimeter of Teaching Platform- The clearing around the platform is minimized to the extent of the smallest area required to construct the platform. The cleared area will be maintained free of large woody vegetation to allow students and visitors to view into the interior of the wetland area while on the platform. #3. The alignment of the 60-foot boardwalk was located at the most narrow point in the wetland that would also accommodate the foot path's need to traverse the site in the east -west direction. #4. The limit of disturbance to construct the boardwalk was configured to the minimum amount needed to construct the boardwalk and also maintain unobstructed movement along the boardwalk itself. The clearing will be maintained, but limited, to prevent regrowth from hindering boardwalk use. #5- trail alignment moved as far south as possible to avoid wetland and excessive grading on south side of trail #6- sidewalk alignment constrained by large electrical utility box location. Cannot align sidewalk on north side of utility box and avoid wetland for pedestrian safety reasons #7- temporary construction entrance alignment on grass #8- temporary construction entrance alignment on grass #9- perpendicular crossing and requested manufacturer of bridge to decrease width of abutments and bridge doom from 11 feet 3 inches to 10 feet overall width. #10- requested manufacturer of bridge to decrease width of prefabricated abutments down to 10 feet so that approach width could also be decreased to 10 feet. #11- minimized clearing for bridge clearance #12- moved trail alignment to avoid wetland impacts as much as possible and avoid buffer impacts as much as possible 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: The limits of disturbance for each of the 4 wetland impacts was minimized to the extent possible and the teaching platform location was moved as far back towards the upland boundary as possible to still enable student contact with wetlands from the platform itself. Trail alignments were manipulated as much as possible to both ensure public safety and minimize impacts to jurisdictional buffers and wetlands. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? r Yes r No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: The proposed wetland impacts for the teaching platform are submitted under a NWP 18 Mlnor Discharge and the wetland impacts for the trail boardwalk is submitted under a MNP 14 Transportation Projects. The buffer impacts are allowable upon authorization for trails and greenways 10 ft wide or less with 2 ft shoulders, which the proposed trails comply with. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the INC Riparian Buffer Protection Rules? r Yes r No What type of SCM are you providing? r Level Spreader r Vegetated Conveyance (lower SMNT) r Wetland Swale (higher SMNT) r Other SCM that removes minimum 30 % nitrogen rJ Proposed project will not create concentrated stormwater flow through the buffer Diffuse Flow Documentation 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? r Yes r No 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? r Yes r No r NiA- project disturbs < 1 acre 3. Stormwater Requirements 3a. Select whether a completed stormwater management plan (SMP) is included for review and approval or if calculations are provided to document the project will not cause degradation of downstream surface waters.* r Stormwater Management r Antidegradation Plan Calculations 3b. Stormwater Management Plan 3c. Antidegradation Calculations: Comments: project will not create channelized flows that will require treatment, diffuse flow will be maintained. No storm water management plan is being submitted G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* r Yes r No 1b. 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 (North Carolina) Environmental Policy Act (NEPA/SEPA)?* r Yes r No Comments:* This is a Raleigh Parks, Recreation and Cultural Resources project, is funded totally by the City of Raleigh Park Bond. 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? * r Yes r No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* r Yes r No 3b. If you answered "no," provide a short narrative description. Minimal impacts are proposed for this project, and very little impervious surface is being proposed. This park's programming has natural resource preservation and protection as a focal point. No further improvements planned. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r Nor N/A 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* r Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes r No 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. Is another Federal agency involved?* r Yes r No r Unknown 5e. Is this a DOT project located within Division's 1-8? r Yes r No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? r Yes r No 5g. Does this project involve bridge maintenance or removal? r Yes r No 5h. Does this project involve the construction/installation of a wind turbine(s)?* r Yes r No 51. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? r Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? iPaC website using Walnut Creek Wetland Park boundary Red -cockaded Woodpecker (E)- No effect, while there are mature pines on the property, density per acre is low, and the understory is well developed, nest cavity tree presence and foraging habitat are not sufficient to support presence or viability Neuse River Waterdog (PT)- No effect- site is outside proposed Critical Habitat, historic and current heavy sediment loads and water pollution in Walnut Creek result in habitat too degraded to support viable populations. Carolina Madtom- (PE)- Not likely to affect- Site is outside proposed Critical Habitat. Optimal substrate for the Carolina madtom is predominantly silt - free, stable, gravel and cobble bottom habitat, and it must have cover for nest sites, including under rocks, bark, relic mussel shells, and even cans and bottles. Walnut Creek and UT or Little Rock Creek carry heavy sediment loads and little to no habitat for this species Atlantic Pigtoe (PT)- Not likely to affect- Site is outside proposed Critical Habitat. The preferred habitat of the Atlantic pigtoe is coarse sand and gravel, and rarely in silt and detritus. Historically, the best populations existed in small creeks to larger rivers with excellent water quality, where flows were sufficient to maintain clean, silt -free substrates. Heavy sediment loads are deadly to this species, and the sediment loads and urban pollution present in the 303d listed Walnut Creek impact site habitat to the extent that it is not viable for this species Dwarf Wedgemussel (E)- not likely to affect- requires clean water, with low sedimentation and chemical pollution levels. Also, the presence of dams immediately upstream and somewhat farther downstream are major habitat constraints at this site. Michawes sumac (E)- no effect- a thorough vegetative survey was conducted in 2017 by Dr. Alexander Krings and graduate student from NCSU, species was not detected on site. Site does not present any viable habitat for this species. Consultation Documentation Upload Species List_ Raleigh Ecological Services Field Office.pdf 220.69KB 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* r Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* NOAA Essential Fish Habitat Mapper, https://www.habitat.noaa.gov/application/efhmapper/index.html 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 status?* r Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* HPOWEB 2.0 Buffer Tool https://nc.maps.arcgis.corrVapps/webappvievver/indexhtml?id=773b7da94dc0478390cbOc3l86b7a498 7c. Historic or Prehistoric Information Upload SHPO search results.pdf 160.36KB 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* r Yes r No 8b. If yes, explain how project meets FEMA requirements: All improvements have been modeled hydraulically and a No -Rise Certification has been achieved for the proposed improvements. 8c. What source(s) did you use to make the floodplain determination?* NC Floodmaps, DFIRMS, FEMA data Miscellaneous Comments Miscellaneous attachments not previously requested. Signature u W By checking the box and signing below, I certify that: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief; and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I have given true, accurate, and complete information on this form; I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the PCN form. Full Name: Kevin Timothy Nunnery Signature Date 1 /28/2021 AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: LOT NO. PLAN NO. PARCELIDs: 1713017445,1713004765, 1713103832,1713000349, 1713001432,1713002456, 1713003428,1713003581, 1713004543,1713005505, 1713005567,1713006620, 1713006682,1713007644, 1713008616,1713009622 STREET ADDRESS: 950 Peterson Street, Raleiah, NC 27610 Please print: Property Owner: City of Raleigh The undersigned, registered property owners of the above noted property, do hereby authorize Kevin Nunnery , of Biohabitats, Inc. (Contractor / Agent) (Name of consulting firm) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or certification and any and all standard and special conditions attached. Property Owner's Address (if different than property above): City of Raleigh, Post Office Box 590, Raleigh, NC 27602-0590 Telephone: 919-996-4771 We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. Oscar Carmona Parks, Recreation and Cultural Resources Director Date: 12/1 /20 in"A L iz Ap U. EOLOGICAL-,SURVEY MAP :7 .SN J, *A 64 ffAf'r4 Ey max ys R. Lj F.—A L07—d smnt -If A Ir dff k % L 414 10p Lj �r rr mc3 L ri. 51 r -Walnut Creek Wetland Park Location, 950 > , Peterson St, Raleigh, NC 27610, in between 4.. State Street and Garner Road 40 j14Pr C .1 E3 Scal e: 1:24.000 Quad: Raleigh West, NC T'M N' zale: 1:24.000 T Quad: Raleigh East. NC i L t 'N,� 4u '12 ;13 71 117xizvuuu 38' IS r CN/ CeC2 CIC3 CeC2 V Ces2, d � ClQ Ci €3 :wB2 CeC2 Ma Apg2 , CeB2� Ma CeC2 Wy ApQ Me cA nn � '0 �, WO P X7. � 1 Ma _ / // A fA Apia Wn, AfA ApB2 Wo •NAfA ApC2 . f . _ApB2 WrnE > ApC2 - ApC ID A p D - --- ApC — Wake County Legend 0 375 750 • Soils Map r--j Property Boundaries Feet Walnut Creek B10habitatS Wetland Park Design Raleigh, NC November, 2020 iIM Qj #6 Buffer Zone 2(P) L 1 ,� \ Sidewalk Footprint #7 Buffer Zone 2 (T) �� Temporary Construction / i Entrance / PIO ez az U ROSS #9 Buffer Zone 1 (P) e ol / Footprint of 1Oft wide, 40 ft long footbridge \ — ,� 19- #1 Wetland (P) 0 9z Teaching Platform Pad 8z #10 Buffer Zones 1 + 2 P Footprint Footprint of 10 trail, approaches and abutments `r is LEGEND — \�—�Wetland (P) PROPERTY LINE #8 Buffer Zone 2 (T) \ y #11 Buffer Zones 1 + 2 (P) . EASEMENT LINE E E E Temporary Construction � � �� , 1 Additional - � Clearing Around EXISTING ETLARY —WLB— — — —WLB— — — —WLB— — p ry Additional clearing for 10 �\ /'ITeachingPlatform BOUNDJURISDICTIONAL STREAM �� �� Entrance \ \ — — — trail, approaches and TOP OF BANK T13 T13 T13 T _ HYDRO. BUFFER ZONE 1 BZ j � abutments, permanently HYDRO. BUFFER ZONE 2 13Z \ \ / \ cleared`' TREE CONSERVATION \ PERIMETER BUFFER 100 YEAR FLOODPLAIN —100-YR FP— — ——100-YR FP— — / O EFFECTIVE FLOODWAY —FW— — — —FW— — —FW— — EXISTING DITCH -- -- -- --- CONTOUR LINES EXISTING EDGE OF PAVEMENT EXISTING CURB EXISTING TREE 3" DIA. OR LARGER EXISTING TREE 3" DIA. OR LAGER TO BE REMOVED STREAM IMPACT PERMANENT (IMPERVIOUS) PERMANENT (PERVIOUS) I BUFFER 1 IMPACT PERMANENT (IMPERVIOUS) O �/ / PERMANENT (PERVIOUS) Z �7 I 1 TEMPORARY BUFFER 2 IMPACT PERMANENT (IMPERVIOUS) PERMANENT (PERVIOUS) TEMPORARY WETLAND IMPACT PERMANENT (IMPERVIOUS) PERMANENT (PERVIOUS) I �/ TEMPORARY DESIGNED: AEC REVISIONS REVIEWED: BLS NO DATE ITEM WA II NUT CREEK W E T LA N D STREAM B U F F E R DRAWN: AEC 111 E. Chapel Hill Street, Ste. 100 , 2018-266 1 /13/2021 altaDurham, NC 27701 p:919.484.8448 PARK IMPROVEMENTS AND WETLAND PROJECT NO. DATE Alta Engineering SE, PLLC NC License #P-1301 IMPACTS 00 2018 266 ENV 1"= 30'-0" - -IMPACTS RA L E I G H, NC SCALE FILE www.altago.com 1.8.2021 I SHEET NO. 1 N:\SHARED\PROJECTS\2018\00-2018-266 RALEIGH, NC WETLAND PARK CONSTRUCTION DOCUMENTS\CAD\00-2018-266_ENV IMPACTS.DWG i , .�tim it � S ww d~ I \ J IF ez if - � /Ar #12 Buffer Zone 2 P ez Clearing for footprint of 4 -� t ra i ITa ARE� Ta-53� z , ez w^ ,� �`�\( a a of �� -.. \ ✓� (�� ��� _ J � \ �I o LEGEND y PROPERTY LINE EASEMENT LINE — E EXISTING WETLAND E E —WLB— — — —WLB— — — —WLB— BOUNDARY JURISDICTIONAL STREAM TOP OF BANK T13 T13T13T13T HYDRO. BUFFER ZONE 1 BZ j HYDRO. BUFFER ZONE 2 TREE CONSERVATION PERIMETER BUFFER ) J 100 YEAR FLOODPLAIN —100-YR FP— — ——100-YR FP— — r , EFFECTIVE FLOODWAY —FW— — — —FW— — — —FW— — EXISTING DITCH -- -- -- --- CONTOUR LINES EXISTING EDGE OF PAVEMENT EXISTING CURB EXISTING TREE 3" DIA. OR LARGER EXISTING TREE 3" DIA. OR LARGER TO BE REMOVED STREAM IMPACT PERMANENT (IMPERVIOUS) PERMANENT (PERVIOUS) BUFFER1IMPACT PERMANENT (IMPERVIOUS) PERMANENT (PERVIOUS)• TEMPORARY BUFFER 2 IMPACT PERMANENT (IMPERVIOUS) PERMANENT (PERVIOUS) TEMPORARY WETLANDIMPACT PERMANENT (IMPERVIOUS) PERMANENT (PERVIOUS) TEMPORARY DESIGNED: CJA REVISIONS REVIEWED: BLS NO DATE ITEM DRAWN: CCW 111 E. Chapel Hill Street, Ste. 100 aitaDurham, NC 27701 2018-266 1 /13/20 Alta Engineering SE, PLLC NC License #P 1301 PROJECT NO. DATEE 00-2018-266 ENV 1" = 30'-0" IMPACTS SCALE FILE www.altago.com 1.8.2021 1 WALNUT CREEK WETLAND PARK IMPROVEMENTS RALEIGH, NC BUFFER AND WETLAND IMPACTS I SHEET NO. N:\SHARED\PROJECTS\2018\00-2018-266 RALEIGH, NC WETLAND PARK CONSTRUCTION DOCUMENTS\CAD\00-2018-266_ENV IMPACTS.DWG LEGEND PROPERTY LINE I . EASEMENT LINE — E E E /� EXISTING WETLAND —WLB— — — —WLB— — — —WLB— — BOUNDARY JURISDICTIONAL STREAM TOP OF BANK T11 T11 T11 T11 T11 HYDRO. BUFFER ZONE 1 BZ 1 HYDRO. BUFFER ZONE 2 TREE CONSERVATION PERIMETER BUFFER 100 YEAR FLOODPLAIN —100-YR FP— — ——100-YR FP — EFFECTIVE FLOODWAY —FW— — — —FW— — — —FW— — EXISTING DITCH -- -- -- --- CONTOUR LINES EXISTING EDGE OF PAVEMENT EXISTING CURB EXISTING TREE 3" DIA. OR LARGER EXISTING TREE 3" DIA. OR LARGER TO BE REMOVED STREAM IMPACT PERMANENT (IMPERVIOUS) PERMANENT (PERVIOUS) BUFFERIIMPACT PERMANENT (IMPERVIOUS) PERMANENT (PERVIOUS) TEMPORARY BUFFER 2 IMPACT PERMANENT (IMPERVIOUS) PERMANENT (PERVIOUS) TEMPORARY WETLANDIMPACT PERMANENT (IMPERVIOUS) PERMANENT (PERVIOUS) TEMPORARY DESIGNED: CJA REVISIONS REVIEWED: BLS NO DATE ITEM DRAWN: CCW 2018-266 1 /13/2021 PROJECT NO. DATE 00-2018-266 ENV 1" =30' IMPACTS SCALE FILE Sim 4111111MI0 -1k V4 V4 alta Alta Engineering SE, PLLC www.altago.com -k -k I -k I _ �71 ez 1 8z 1 2-4 _ —� ez I -� / , > / `► 1 o Z/ I J a ?r ( #3 Wetland P) I� �-Footprint nt of Jc Jc Jc Jc I 1 ��, ram) 60 Boardwalk �I #4 Wetland P \ �> Clearing Beside 60' � ,J o s� Boardwalk ��- �j �-7 #5 Wetland (T) Clearing For Trail Jc - Beside Bailey Drive ><- 111 E. Chapel Hill Street, Ste. 100 Durham, NC 27701 p:919.484.8448 NC License #P-1301 j / : 1.8.2021 WALNUT CREEK WETLAND PARK IMPROVEMENTS RALEIGH, NC SITE LAYOUT PLAN I SHEET NO. 3 N:\SHARED\PROJECTS\2018\00-2018-266 RALEIGH, NC WETLAND PARK CONSTRUCTION DOCUMENTS\CAD\00-2018-266_ENV IMPACTS.DWG .:.,. Mal s WIIJJUrV. United States Department of the Interior`" FISH AND WILDLIFE SERVICE Raleigh Ecological Services Field Office ' Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: November 18, 2020 Consultation Code: 04EN2000-2021-SLI-0264 Event Code: 04EN2000-2021-E-00558 Project Name: Walnut Creek Wetland Park Improvements Subject: List of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project To Whom It May Concern: The species list generated pursuant to the information you provided identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. Section 7 of the Act requires that all federal agencies (or their designated non-federal representative), in consultation with the Service, insure that any action federally authorized, funded, or carried out by such agencies is not likely to jeopardize the continued existence of any federally -listed endangered or threatened species. A biological assessment or evaluation may be prepared to fulfill that requirement and in determining whether additional consultation with the Service is necessary. In addition to the federally -protected species list, information on the species' life histories and habitats and information on completing a biological assessment or 11/18/2020 Event Code: 04EN2000-2021-E-00558 evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the web site often for updated information or changes If your project contains suitable habitat for any of the federally -listed species known to be present within the county where your project occurs, the proposed action has the potential to adversely affect those species. As such, we recommend that surveys be conducted to determine the species' presence or absence within the project area. The use of North Carolina Natural Heritage program data should not be substituted for actual field surveys. If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely to adversely affect) a federally -protected species, you should notify this office with your determination, the results of your surveys, survey methodologies, and an analysis of the effects of the action on listed species, including consideration of direct, indirect, and cumulative effects, before conducting any activities that might affect the species. If you determine that the proposed action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally listed species, then you are not required to contact our office for concurrence (unless an Environmental Impact Statement is prepared). However, you should maintain a complete record of the assessment, including steps leading to your determination of effect, the qualified personnel conducting the assessment, habitat conditions, site photographs, and any other related articles. Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require development of an eagle conservation plan (http://www.fws.gov/windenergy/ eagle_guidance.html). Additionally, wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http:// www.fws.gov/migratorybirds/CurrentBirdlssues/Hazards/towers/towers.htm; http:// www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdlssues/Hazards/towers/ comtow.html. Not all Threatened and Endangered Species that occur in North Carolina are subject to section 7 consultation with the U.S Fish and Wildlife Service. Atlantic and shortnose sturgeon, sea turtles,when in the water, and certain marine mammals are under purview of the National Marine Fisheries Service. If your project occurs in marine, estuarine, or coastal river systems you should also contact the National Marine Fisheries Service, http://www.nmfs.noaa.gov/ We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. If you have any questions or comments, please contact John Ellis of this office at john_ellis@fws.gov. 11/18/2020 Event Code: 04EN2000-2021-E-00558 Attachment(s): • Official Species List 11/18/2020 Event Code: 04EN2000-2021-E-00558 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 (919) 856-4520 11/18/2020 Event Code: 04EN2000-2021-E-00558 Project Summary Consultation Code: 04EN2000-2021-SLI-0264 Event Code: 04EN2000-2021-E-00558 Project Name: Walnut Creek Wetland Park Improvements Project Type: RECREATION CONSTRUCTION / MAINTENANCE Project Description: Walnut Creek Wetland Park- build a teaching platform adjacent to the Walnut Creek Trail greenway, a trail from the Wetland Center over an unnamed tributary to Walnut Creek to the teaching platform, and create 4'- wide natural trails with a boardwalk over a wetland south of Walnut Creek Project Location: Approximate location of the project can be viewed in Google Maps: https: www.google.com/maps/place/35.75863441902724N78.62767594724525W Counties: Wake, NC VA 11/18/2020 Event Code: 04EN2000-2021-E-00558 3 Endangered Species Act Species There is a total of 6 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Birds NAME Red -cockaded Woodpecker Picoides borealis No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/7614 Amphibians NAME Neuse River Waterdog Necturus lewisi There is proposed critical habitat for this species. Your location is outside the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/6772 Fishes NAME STATUS Endangered STATUS Proposed Threatened STATUS Carolina Madtom Noturus furiosus Proposed There is proposed critical habitat for this species. Your location is outside the critical habitat. Endangered Species profile: https:Hecos.fws.gov/ecp/species/528 11/18/2020 Event Code: 04EN2000-2021-E-00558 4 Clams NAME STATUS Atlantic Pigtoe Fusconaia masoni Proposed There is proposed critical habitat for this species. Your location is outside the critical habitat. Threatened Species profile: https:Hecos.fws.gov/ecp/species/5164 Dwarf Wedgemussel Alasmidonta heterodon Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/784 Flowering Plants NAME STATUS Michaux's Sumac Rhus michauxii Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/5217 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. by lnbc X ® Inic, X Fish X Fish X Fish X ® Fish X I NC Hon X 0 Res: X ® NC X (9 1-PC X G esse X I G nen X I w Rod X © Mic X + — X nc.maps.arcgis.com/apps/webappyiewertindex.htrnl?id=773b7da94dcC478390cbOc3186b7a498 {t O S ® HPOWEB 2.0 Buffer Tool • E,Q ;; + 5arn [s Rvc _ MA8138 McCracken Supply a. IMA6146 Butler Radio * &N Service St P olef s ort Peterson Park Opts Q 4 K a 5o9 Richard L. Revi./JA5� House' WF WA5547 Henry Land A5559 t7 aaidC and Ma-j ery B Niles House Betty W Sm th House .WA5575 Alf P 11148 11,1in and LI"GC5549 R by Broome A5552 John Land Saisy M. Gill House • HATE—'— N Alston House LVA56 House Della P Perry V a es WA5662 Ern LVA563 rthurknd Bertha�56> 8 Etta Solomon - TWil. E ❑we H3P.be Horlae , 30Cft ` WA5639 Ghades V Gore J Haywood H n of Cary, Tasks Results No result. Maude H Lands House '6 Pad E. and Peebles Ho• St and ❑uotYry House ,hnston Cau nty, State of North Carolina MY-, Es ri, HERE, G.—In, INCREI•IEN- ID#* 20201767 Version* 1 Regional Office * Central Office - (919) 707-9000 Reviewer List* Rick Trone Pre -Filing Meeting Request submitted 11/17/2020 Contact Name* Contact Email Address* Project Name* Project Owner* Project County* Owner Address: Kevin Nunnery knunnery@biohabitats.com Walnut Creek Wetland Park Improvements City of Raleigh Parks, Recreation and Cultural Resources Wake Street Address 222 W Hargett St Address Line 2 aty Raleigh Postal / Zip axle 27601 Is this a transportation project?* r Yes (' No State / Province / Pegion NC Country United States Type(s) of approval sought from the DWR: * 401 Water Quality Certification - F 401 Water Quality Certification - Regular Express * Individual Permit F Modification F Shoreline Stabilization Does this project have an existing project ID#?* C Yes (-- No Do you know the name of the staff member you would like to request a meeting with? Stephanie Goss Please give a brief project description below.* The City of Raleigh Parks and Rec propose to: 1. construct a trail from the Wetland Center building to the existing greenway, with a bridged crossing over an unnamed tributary to Walnut Creek- see sheet L05 and detail sheets 2. construct a teaching platform adjacent to the greenway on a concrete pad that will impact 551.78 sq ft of jurisdictional wetland (0.013 ac) see sheet L05 and detail sheets 3. construct a 4' natural surface trail with a boardwalk over a jurisdictional area that also passes through Zone 2 of the buffer- sheets L06 and L07 and detail sheets Please give a couple of dates you are available for a meeting. 11 /23/2020 11 /24/2020 11 /25/2020 11 /30/2020 12/1 /2020 Please attach the documentation you would like to have the meeting about. 00-2018-266 - Raleigh Wetland Park- 32.93MB with Structure Plans. pdf pdf only By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. 1 understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. 1 also understand that DWR is not required to respond or grant the meeting request. Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an application. Signature Submittal Date 11/17/2020