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HomeMy WebLinkAbout19930651 Ver 2_401 Application_20120813� ❑Kimley -Horn and Associates, Inc. Transmittal Date: 08 -13 -2012 Job Number: Project Name: Green Mill Run Greenway /Bikeway Phase II Extension To: NCDWQ 401 /Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699 -1650 (877) 623 -6748 We are sending these by ❑ U.S. Mail ❑ FedEx ❑ Other We are sending you ® Attached ❑ ❑ Shop drawings ❑ ❑ Other ° 3-bID �t u �- P.O. Box 33068 Raleigh North Carolina 27636 -3068 TEL 919 677 2000 FAX 919 677 2050 012654004 012 Under separate cover via the following items: Prints/Plans ❑ Samples ❑ Specifications ❑ Change Orders Conies Date No De.crrintinn 1 08 -03 -12 131676 Permit Application Fee - Check 5 08 -09 -12 Green Mill Run GreenwayBikeway Phase II Extension Nationwide Permit 18 Application Package 2 08 -09 -12 Green Mill Run Greenway /Bikeway Phase II Extension Plan Sheets and Permit Drawings (Full -Size Set) 3 08 -09 -12 Green Mill Run GreenwayBikeway Phase II Extension Plan Sheets and Permit Drawings (Half -Size Set) These are transmitted as checked below: ❑ For your use ❑ Approved as submitted ❑ Resubmit ❑ Copies for approval ❑ As requested ❑ Approved as noted ® Submit ❑ Copies for distribution ❑ For review and comment ❑ Retumed for corrections ❑ Return ❑ Corrected prints Remarks: If you have any questions or concerns, please contact me by phone at (919) 677 -2073 or by email at beth.reed @kimley- hom.com Copy to: File Signed: �6A Beth Reed, PWS D AUG 1 3 G12 DENR - WATER QUALITY tetlande & SWariwatee Branch Kimley -Hom and Associates, Inc. August 9, 2012 Mr. Josh Pelletier U.S. Army Corps of Engineers Washington Regulatory Field Office 2407 West Fifth Street Washington, NC 27889 NCDWQ 401/Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699 -1650 Re: Nationwide Permit 18 Application Green Mill Run Greenway/Bikeway Phase II Extension Pitt County, North Carolina Dear Mr. Pelletier and NCDWQ: 1J- D65lU �— ■ P.O. Box 33068 Raleigh, North Carolina 27636 -3068 AUG 13 I On behalf of the City of Greenville, Kimley -Horn and Associates, Inc. (KHA) is submitting the attached application for authorization under Nationwide Permit (NWT) 18 for the referenced project. The City of Greenville proposes to build a 10 -foot wide, 1.4 -mile long multi- use greenway/bikeway path from Charles Boulevard (SR 1707) to Arlington Boulevard and Evans Park, in Greenville, North Carolina. There are seven jurisdictional wetlands (referenced on Figure 3 as WA, WB, WC, WD, WF, WG, and WH) and four jurisdictional streams delineated within the project area, two of which are perennial (SC and SE) and two are intermittent (SB and SD). A field verification meeting to review these features was conducted by Emily Jernigan (USACE) and Roberto Scheller (NCDWQ) on April 25, 2012. A preliminary jurisdictional determination was issued for the project on May 18, 2012. Impacts to jurisdictional features have been minimized to the greatest extent practical, and boardwalks and pre - constructed footbridges will be used to ■ TEL 919 677 2000 FAX 919 677 2050 1:—Fl KimleyHom and Associates, Inc. avoid stream impacts. Minor buffer and wetland impacts will result from the proposed project, but overall the project will improve protection and public appreciation for these sensitive areas. The following information is included as part of the application: • PCN Application Form • Agent Authorization Forms • Vicinity Map • USGS Topographic Map • USDA/NRCS Soil Survey • USACE Preliminary Jurisdictional Determination Documentation • Permit Drawings • Project Plan Sheets • NCDWQ 401 Application Fee of $240 Please note that for your convenience, a half -size copy of the Project Plan Sheets and Permit Drawings are provided. However, should you prefer a full-sized set of plans, we will be happy to send a copy of the full-size Permit Drawing and Plan Sheet sets. If there is any additional information you need to assist in the processing of this NWP application package, please do not hesitate to contact me at (919) 677 -2073 or beth.reed@kimley- hom.com. Very truly yours, KIMLEY -HORN AND ASSOCIATES, INC. Beth Reed, PWS Senior Environmental Scientist Enclosures Cc: Mr. Tim Corley P.E., City of Greenville Ms. Elizabeth Lynch P.E., Kimley -Horn and Associates O�ot WA `= r o Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre - Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ® Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 18 or General Permit (GP) number: 1c. 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): Q 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express X❑ 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 ❑X No For the record only for Corps Permit: ❑ Yes ❑X 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 ❑X No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes Q No 2. Project Information 2a. Name of project: Green Mill Run Greenway /Bikeway Phase 2 Extension 2b. County: Pitt 2c. Nearest municipality / town: Greenville 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: TIP# EB -4996 3. Owner Information 3a. Name(s) on Recorded Deed: City of Greenville Public Works Department 3b. Deed Book and Page No. n/a 3c. Responsible Party (for LLC if applicable): Tim Corley 3d. Street address: 1500 Beatty Street 3e. City, state, zip: Greenville, North Carolina 27834 3f. Telephone no.: 252- 329 -4477 3g. Fax no.: 252 - 329 -4535 3h. Email address: tcodey @greenvillenc.gov Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑X Agent ❑ Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Beth Reed, PWS 5b. Business name (if applicable): Kimley -Horn and Associates, Inc. 5c. Street address: PO Box 33068 5d. City, state, zip: Raleigh, North Carolina 27636 5e. Telephone no.: 919 - 677 -2073 5f. Fax no.: 919- 677 -2050 5g. Email address: Beth.Reed @ Kimley- Horn.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): N/A 1 b. Site coordinates (in decimal degrees): I Latitude: 35.594002 Longitude: - 77.376404 1 c. Property size: 24.5 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Green Mill Run 2b. Water Quality Classification of nearest receiving water: QNSW 2c. River basin: Tar - Pamlico 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The project is located within a developed commercial and residential area around the East Carolina University (ECU) campus. The greenway will be constructed along urbanized areas and will also cross a large, undeveloped forested area along the floodplain of Green Mill Run. 3b. List the total estimated acreage of all existing wetlands on the property: 9.19 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 663 3d. Explain the purpose of the proposed project: The project will construct the Phase II Extension of the Green Mill Run Greenway. This will provide a scenic and environmentally friendly walkway and bike path along the water of Green Mill Run for the enjoyment of walkers, runners, bicyclists, and nature enthusiast. 3e. Describe the overall project in detail, including the type of equipment to be used: The site will be developed as a multiuse pathway including a 10' wide paved path with a 2' gravel shoulder on each side. Elevated boardwalks and pedestrian bridges will be constructed to span stream channels and low -lying wetland areas. Equipment used may include but is not limited to bulldozers, backhoes, tracked excavators, paving equipment, and graders. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the ❑X Yes ❑ No ❑ Unknown Corps or State been requested or obtained for this property / project (including all prior phases) in the past? Comments: Preliminary JD approved May 18, 2012 4b. If the Corps made the jurisdictional determination, what type ❑x Preliminary ❑ Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency /Consultant Company: Kimley -Horn and Associates, Inc. Name (if known): Beth Reed (KHA) and Jason Hartshorn (KHA) Other: N/A 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. Preliminary jurisdictional determination signed by Emily Jernigan on May 18, 2012. Roberto Scheller of NCDWQ concurred with USACE's determination. 5. Project History 5a. Have permits or certifications been requested or obtained for Yes ❑ No Q Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. N/A 6. Future Project Plans 6a. Is this a phased project? ❑ Yes © No 6b. If yes, explain. This project is Phase 2 of 2, so no additional or cumulative work will be conducted as part of this project. Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑X Wetlands ❑ Streams — tributaries Q 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 impact Type of wetland Forested Type of jurisdiction Area of number Corps (404,10) or impact Permanent (P) or DWQ (401, other) (acres) Temporary T W1 P Fill Headwater Wetland Yes Corps 0.008 W2 P Fill Bottomland Hardwood Forest Yes Corps 0.003 W3 T Fill Headwater Wetland Yes Corps 0.004 W4 T Fill Bottomland Hardwood Forest Yes Corps 0.15 W5 W6 2g. Total Wetland Impacts: 0.165 2h. Comments: The USACE jurisdictional wetlands will be impacted by the proposed project for purposes of constructing a pedestrian greenway and boardwalks. The majority of the impacts will be temporary, but due to requirements of construction and grading, permanent impacts to jurisdictional wetlands will result from the proposed project. 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial (PER) or Type of Average Impact number intermittent (INT)? jurisdiction stream length Permanent (P) or width (linear Temporary (T) (feet) feet) S1 S2 S3 S4 S5 S6 3h. Total stream and tributary impacts 3i. Comments: No stream impacts will result from the proposed project. Boardwalks and pedestrian footbridges will be used to ensure no impact to jurisdictional streams. Page 4 of 10 PCN Form — Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary T 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 02 03 04 4f. Total open water impacts 4g. Comments: NO open wa ers Will a impacted as a resu -5 e propose cons ruc ion. 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 P2 5f. Total: 5g. Comments: No ponds or lakes will be constructed by the proposed project. 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 any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ® Tar - Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer Impact number — Permanent (P) or Temporary T 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet ) 6g. Zone 2 impact (square feet B1 P Construction of Greenway UT to Green Mill Run /Green Mill Run No 2,142 1,940 B2 T Construction of Greenway UT to Green Mill Run/Green Mill Run No 389 543 B3 P Construction of Boardwalk UT to Green Mill Run No 97 367 B4 T Construction of Boardwalk UT to Green Mill Run No 974 174 B5 P Construction of Bridge UT to Green Mill Run No 941 1,124 B6 T Construction of Bridge UT to Green Mill Run No 492 241 6h. Total Buffer Impacts: 5,035 4,389 6i. Comments: Tar - Pamlico protected buffers will be impacted due to construction of the greenway, boardwalks and bridges to cross jurisdictional tributaries of Green Mill Run. A small area of Green Mill Run's buffer will be impacted for the paved greenway surface. Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Jurisdictional streams are being crossed on existing sidewalks when possible (SE), and are being crossed with boardwalks or foot bridges when no existing crossing is present (SC,SD). Buffer impacts are minimized by crossing the channels as close to perpendicular as topography allows. Boardwalks are being utilized in wetland areas to avoid impacts. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. The design plans require hand clearing only in wetland areas to minimize equipment traffic, and a pre - constructed footbridge is being used to cross SC to minimize buffer and stream impacts. Support structures beneath boardwalks have been carefully placed to minimize impacts to stream channels and protected Tar - Pamlico River Basin buffers. 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? ❑ Yes Q No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project. ❑ Mitigation bank ❑ Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: N/A 3b. Credits Purchased (attach receipt and letter) Type: N/A Type: N/A Type: N/A Quantity: N/A Quantity: N/A Quantity: N/A 3c. Comments: 191-iti—gation is not required for this project due to impact o a s below mitigation thresholdg. 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non - riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: N/A 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. N/A Page 6 of 10 PCN Form — Version 1.4 January 2009 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 Yes X No buffer mitigation? 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. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 N/A 3 (2 for Catawba) Zone 2 N/A 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). N/A 6h. Comments: Buffer mitigation is not required for greenway projects located in the Tar - Pamlico River Basin per NCDWQ Riparian Buffer Rules (15A NCAC 02B .0259). The project will result in minor impacts to protected buffers, but none of the proposed activities will require mitigation. Page 7 of 10 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 0 Yes ❑ No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. The Stormwater Management Plan and diffuse flow plan is currently being reviewed by the City of Greenville. ❑X Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 64% 2b. Does this project require a Stormwater Management Plan? ❑ Yes 0 No 2c. if this project DOES NOT require a Stormwater Management Plan, explain why: All stormwater will be allowed to sheet flow off the proposed path or it will be collected in existing conveyances. There will be no new conveyances through the buffer. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: The SMP is currently under review by the City of Greenville, but the the plan will ensure that stormwater is not concentrated or stored by the proposed construction. Diffuse flow will be achieved through the buffer. 2e. Who will be responsible for the review of the Stormwater Management Plan? Local Government (City of Greenville) 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? City of Greenville, North Carolina ❑x Phase II 3b. Which of the following locally - implemented stormwater management programs 0 NSW ❑ USMP apply (check all that apply): ❑ Water Supply Watershed 0 Other: 401 wQC 3c. Has the approved Stormwater Management Plan with proof of approval been El Yes ❑X No attached? 4. DWQ Stormwater Program Review ❑Coastal counties ❑HQW 4a. Which of the following state - implemented stormwater management programs apply ❑ORW (check all that apply): ❑Session Law 2006 -246 []Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑X Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? © Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 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 Q 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.) N/A E] Yes E] 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 ❑X No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after - the -fact permit application? El Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): N/A 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in El Yes ❑X 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. N/A 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. This project will not generate wastewater. Page 9 of 10 PCN Form — Version 1.4 January 2009 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? 5c. If yes, indicate the USFWS Field Office you have contacted. - 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? NCNHP Database of endangered species occurrences, USFWS critical habitat descriptions, and onsite field surveys for suitable habitat areas and community types. 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? NOAA Marine Fisheries Service EFH Mapper 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 El 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? NC State Historic Preservation Office (SHPO) Historic Preservation Office Web GIS Service. No resources were found within the project area. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA- designated 100 -year floodplain? ® Yes ❑ No 8b. If yes, explain how project meets FEMA requirements: The FEMA certification is currently under review by the floodplain administrator for the City of Greenville, but a no -rise certification is anticipated for the proposed project. 8c. What source(s) did you use to make the floodplain determination? FEMA Digital Flood Insurance Rate Map (DFIRM) panels and coordination with local floodplain administrator. Beth Reed, PWS 08-08 -2012 Applicant/Agent's Printed Name Applicant/Agent's Signature Date (Agents signature Is valid only if an authorization letter from the applicant is provided.) Page 10 of 10 Letter of Authorization Mr. Tim Corley, with the City of Greenville authorizes Kinnley -Horn and Associates, Inc. to act as our limited agent to coordinate with the U.S. Army Corps of Engineers and North Carolina Division of Water Quality for the preparation and submittal of jurisdictional determinations and 404/401 permits applications associated with Green Mill Run Greenway, Phase 2, Iocated in Pitt County, North Carolina. Authorization will terminate on either final agency action or upon written notification from either parties involved. Company Name: Kimley -Horn and Associates. Inc. Contact Name: Jeff Moore. P.E. Client Address: Public Works Department 1500 Beatty Street Greenville, NC 27834 Client Phone M 252 - 329 -4477 Client Email: tcorlev(a)ereenvittenc.wv (Signature of Client) Date Letter of Authorization Mr. Bill Bagnell, with East Carolina University authorizes Kimley -Horn and Associates, Inc. to act as our limited agent to coordinate with the U.S. Army Corps of Engineers and North Carolina Division of Water Quality for the preparation and submittal of jurisdictional determinations and 404/401 permits applications associated with Green Mill Run Greenway, Phase 2, located in Pitt County, North Carolina. Authorization will terminate on either final agency action or upon written notification from either parties involved. Company Name: Kimley -Horn and Associates, Inc. Contact Name: Jeff Moore. P.E. Client Address: East Carolina University Campus Operations HR 1001 E. Fourth Street Greenville, NC 27858 Client Phone #: 252 - 328 -6858 Client Email: bagnellw(i ,ecn.edu A �" (Signature of Client) Date �� Nnalmw o '94 o to Z o i ;S uapaeo ;SM M , as�aw c� C o C.0 o �a � m 0 m x a` � d 81 o rn �, Jos" J � � cu T (6 co ly I Spgset A� &MAMVIN r�� e m LL E� �C) ZLO C o C.0 V N d1 0 O 0 x a` w cu Co o •o C L YU m� co Z c F: UN 7 +�+ r O N c c Q CD CD a- � m 'o a c D a u in r .r . in CD 00 LL °o -ew �,•+ so- 7 N LL C) C Z Ln ,. (D 0 _ Fn V C', t _ r c d O O a h - i r� r ( �Y r A ;V7 co iD 4 0 s m � U � < .° ► x d `L * • W ^mil r W + co c co �� tq *I -., o co 0 Cf) m 0 O CN d� Y, (j O N U C: C: Q CU ''Nnn rrNnn CL K009 �, c r AF +� W I ,* „ 4 *• s t Q \ 1� iii O E �C) a c zU-) o fn �. UN a) yo of x a` CD o LO a� r W O En cu Qo in x LO N , ca C' O ! Cis to co CIO � fe co pC/) ou IKZ LU 4 C/) x w LU M � � 3 LU p a U 52 co p C� cn �a m er � _ x 2-0 `° W Co • o c . N K GEJ32 m W NN D D U 0 `° C J Ui 0 L Q m K 1 F m LL E �C) a c zU-) o fn �. UN a) yo x a` W W En cu / 0- C' O 0') `� cu YU o mz U m c }, U N C) 0 Q U � Z a Rg RE ,I T-- N N O O O N C C C C N N N N U U U U U E L L L L CO W CO co c c c c_ m O m O C a cn N U U M Co Q Q E E N C C C m m m' co a� 3 c CO o , .n m O N L E C- — m L E E N •- C C Y (0 U O O c •O N N o)302 L L =3 -2 U 0 cu t O 6 -C -a .fn C N m m _0 =3 O O O• - a C C .2 C O O to in O O a C m m ca m (a U V O Q = c E o N 3 ° O 0 U O O (U CO U U cU0 (D to � E m m E�,L m m m d a E a� >� i N a) U C > cu - s Qi U) a U) U E o E J o 2 Q N Z U U (A (M � E � — •ca c 0 m E U L m to Y U C-� O O v) (0 (n N N Co (D -0-0 m c O Q b 0 0 LO m LL LO I- m �� iz wV AW E O O J 4 LO r M - c O c O X W O c� d c o m (3) U N � o m O N (co z O c C � UU LL U = N c c = CD 0 � V C •� G a 9 m Ea u Approved Preliminary Jurisdictional. Determination Documentation EB -4996 - Green Mill Run Greenway Project ATTACHMENT PRELIMINARY JURISDICTIONAL DETERMINATION FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD): 12 Vftcu 201 �L B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Kimley -Horn and Associates, Inc. Attn: Beth Reed on behalf of the City of Greenville P.O. Box 33068 Raleigh, NC 27636 -3068 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Qfs1q\V -'Z.E - W SRW - M5.r On JL O D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES) State:NC County /parish /borough: Pitt City: Greenville Center coordinates of site (lat/long in degree decimal format): Lat. 35.5940020 N, Long. 77.3764040 W. Universal Transverse Mercator: 18 Name of nearest waterbody: Tar River Identify (estimate) amount of waters in the review area: Non - wetland waters: 663 linear feet: 2 -20 width (ft) and /or 0.18 acres. Cowardin Class: Riverine Stream Flow: Perennial (SC, SE) Intermittent (SB, SD) Wetlands: 9.19 acres(WA, WB, WC, WD, WF, WG, WH) Cowardin Class: Palustrine Name of any water bodies on the site that have been identified as Section 10 waters: Tidal: N/A Non - Tidal: N/A E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: A Field Determination. Date(s): P P(-"\ 2s i so { �2' 1. The Corps of Engineers believes that there may be jurisdictional waters of the United States on the subject site, and the permit applicant or other affected party EB -4996 - Green Mill Run Greenway Project who requested this preliminary JD is hereby advised of his or her option to request and obtain an approved jurisdictional determination (JD) for that site. Nevertheless, the permit applicant or other person who requested this preliminary JD has declined to exercise the option to obtain an approved JD in this instance and at this time. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre - construction notification" (PCN), or requests verification for a non - reporting NWP or other general permit, and the permit applicant has not requested an approved JD for the activity, the permit applicant is hereby made aware of the following: (1) the permit applicant has elected to seek a permit authorization based on a preliminary JD, which does not make an official determination of jurisdictional waters; (2) that the applicant has the option to request an approved JD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an approved JD could possibly result in less compensatory mitigation being required or different special conditions; (3) that the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) that the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) that undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes the applicant's acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is practicable; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a preliminary JD constitutes agreement that all wetlands and other water bodies on the site affected in any way by that activity are jurisdictional waters of the United States, and precludes any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an approved JD or a preliminary JD, that JD will be processed as soon as is practicable. Further, an approved JD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331, and that in any administrative appeal, jurisdictional issues can be raised (see 33 C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary to make an official determination whether CWA jurisdiction exists over a site, or to provide an official delineation of jurisdictional waters on the site, the Corps will provide an approved JD to accomplish that result, as soon as is practicable. This preliminary JD finds that there "maybe" waters of the United States on the subject project site, and identifies all aquatic features on the site that could be affected by the proposed activity, based on the following information: YD ai-eck_ O-s cisC_h 12-ta if) tk-k- Y V\Aa. ft U J­� OJ-\a O CLC! Cl CR vt.l 6��K MA A-n- � \) t1k V, _P" TCA Y_ EB -4996 - Green Mill Run Greenway Project SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply - checked items should be included in case file and, where checked and requested, appropriately reference sources below): ® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: ® Data sheets prepared /submitted by or on behalf of the applicant/consultant. ❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets /delineation report. ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ® U.S. Geological Survey map(s). Cite scale & quad name: Greenville SW, 1:24,000. ® USDA Natural Resources Conservation Service Soil Survey. Citation:Pitt County, 1974. ❑ National wetlands inventory map(s). Cite name: ❑ State /Local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100 -year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ® Photographs: ® Aerial (Name & Date):2010. or ❑ Other (Name & Date):. ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. :Ad Regulatory Project Manager (REQUIRED) bA &Kj 5/18/12 Signature and date of person requesting preliminary JD (REQUIRED, unless obtaining the signature is impracticable) EB -4996 - Green Mill Run Greenway Project Estimated Site Cowardin amount of Class of number Latitude Longitude Class aquatic aquatic resource in resource review area SB 35.5961 - 77.3730 Riverine 110 linear feet non - section 10 — non -tidal Sc 35.5931 - 77.3749 Riverine 343 linear feet non - section 10 — non -tidal SD 35.5926 - 77.3757 Riverine 183 linear fleet non - section 10 — non -tidal Green 35.5913 - 77.3792 Riverine 27 linear feet non - section Mill Run 10 — non -tidal SE WA 35.5993 - 77.3711 Palustrine 0.1 acres non - section 10 — wetland WB 35.5983 - 77.3707 Palustrine 0.1 acres non- section 10 — wetland WC 35.5985 - 77.3708 Palustrine 0.03 acres non - section 10 — wetland WD 35.5974 - 77.3714 Palustrine 0.3 acres non - section 10 — wetland WF 35.5961 - 77.3736 Palustrine 3.7 acres non - section 10 — wetland WG 35.5946 - 77.3756 Palustrine 0.06 acres non- section 10 — wetland WH 35.5932 - 77.3763 Palustrine 4.9 acres non - section 10 — wetland LL 3: Rd Lv FP ' "A X i My ' ! i / � Eo Z Lni CL CL "A X i My ' ! i / � Eo Z Lni Permit Drawings and Plan Sheet Set