HomeMy WebLinkAbout20130805 Ver 1_401 Application_20130813r
,A
ClEnIGrrdeyd�om and Assodates, Inc.
July 31, 2013
Ms. Cherrie Smith
North Carolina Division of Water Quality
512 N. Salisbury Street
Raleigh, NC 27604
Mr. Craig Brown
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
20130805
■
P.O. Box 33068
Raleigh, North Carolina
27636-3068
Subject: USACE - Preliminary Jurisdictional Determination and No- Permit Required
Request; NCDWQ - Riparian Buffer Authorization Request
Tanyard Branch Greenway Trail (Town Project A/E13 -007)
Orange County, North Carolina
Dear Ms. Smith and Mr. Brown:
On behalf of our client, the Town of Chapel Hill, Kimley -Horn and Associates, Inc. is
requesting a Preliminary Jurisdictional Determination request and No- Permit Required
approval from the USACE, and is applying for a Riparian Buffer Authorization from the
NCDWQ for the Tanyard Branch Greenway Trail Project in Orange County, North
Carolina. The following information is included as part of the application submittal:
• Preconstruction Notification Form
• Figures
> Figure 1: Project Vicinity Map
> Figure 2: USGS Topographic Map
> Figure 3: NRCS Soil Survey (Orange County) Map
> Figure 4: Jurisdictional Features Map
• Design Drawings
• Appendix A: Agent Authorization Forms
• Appendix B: Buffer Determination Request
• Appendix C: Preliminary Jurisdictional Determination Request
• Appendix D: USACE and NCDWQ Stream Data Forms
• Appendix E: Site Photos
1�U V L5
AUG - 1 2013
The Project consists of design of a greenway trail beginning at the terminus of McMasters
Street west of Mason Street, extending north through land owned by the Town of Chapel
Hill to end at the terminus of Jay Street. The length of the facility will be approximately
■
TEL 919 677 2000
FAX 919 677 2050
C:Mmn_ = Inc.
633 linear feet and includes a bridge crossing over Tanyard Branch approximately 50 feet
south of Jay Street.
The proposed project is located in the Cape Fear River Basin and streams in the vicinity of
the project are subject to the Jordan Lake Riparian Buffer Rules. The proposed pedestrian
bridge at Tanyard Branch will result in unavoidable impacts to Zone 1 (2,294 sq.ft.) and
Zone 2 (4,636 sq.ft) of the riparian buffers. The proposed project is allowable under the
Jordan Lake Riparian Buffer Rules and no mitigation is anticipated. No permanent or
temporary impacts to streams will result from the proposed project. No impacts to
wetlands will result from the project.
If you have any questions or comments, please contact me at (919) 677 -2121 or
Chad.Evenhouse @kimley- horn.com.
Sincerely yours,
KIMLEY -HORN AND ASSOCIATES, INC.
Z� 4�—�
Chad Evenhouse
Enclosures
CC: Bill Webster, Town of Chapel Hill
o�ot WATE9OG
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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre - Construction Notification C Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the
Corps:
❑Section 404 Permit ❑Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps?
❑ Yes
® No
1d. Type(s) of approval sought from the DWQ (check all that apply):
❑ 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ® Riparian Buffer Authorization
le. Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification:
❑ Yes ® No
For the record only for Corps Permit:
® Yes ❑ No
1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program.
❑ Yes
® No
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes
® No
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2. Project Information
2a. Name of project:
Tanyard Branch Greenway Trail
2b. County:
Orange
2c. Nearest municipality / town:
Chapel Hill
2d. Subdivision name:
N/A
2e. NCDOT only, T.I.P. or state
project no:
N/A
3. Owner Information
3a. Name(s) on Recorded Deed:
William C. Perry / Town of Chapel Hill
3b. Deed Book and Page No.
692 -415 / 461 -373, 406 -380, 4661 -356
3c. Responsible Party (for LLC if
applicable):
Town of Chapel Hill ATTN: Bill Webster, Transportation Planner
3d. Street address:
200 Plant Road
3e. City, state, zip:
Chapel Hill, NC 27514
3f. Telephone no.:
(919) 968 -2819
3g. Fax no.:
(919) 932 -4721
3h. Email address:
bwebster@ townofchapelhill.org
Page 1 of 12
PCN Form —Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is:
® 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:
Chad Evenhouse
5b. Business name
(if applicable):
Kimley -Horn and Associates, Inc. (KHA)
5c. Street address:
3001 Weston Parkway
5d. City, state, zip:
Cary, NC, 27513
5e. Telephone no.:
(919) 677 -2000
5f. Fax no.:
(919) 677 -2050
5g. Email address:
Chad.Evenhouse @kimley- hom.com
Page 2 of 12
PCN Form —Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
9788 -08 -5827 / 9788 -08 -3799, 9788 - 09-4147, 9788 -M
4386
Latitude: 35.917937 Longitude: -
1 b. Site coordinates (in decimal degrees):
79.066232
(DD.DDDDDD) (- DD.DDDDDD)
1c. Property size:
0.20 / 0.36, 1.58, 1.11 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
Tanyard Branch
proposed project:
2b. Water Quality Classification of nearest receiving water:
WS-V; NSW
2c. River basin:
Cape Fear
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 proposed greenway is located in a urban forested riparian corridor between residential communities. The proposed
greenway trail begins at the termini of McMasters Street west of Mason Street, extending north through land owned by
the Town of Chapel Hill to end at the termini of Jay Street, and is located along an existing maintained utility easement.
The length of the facility will be approximately 633 linear feet. Land use in the vicinity is primarily residential.
3b. List the total estimated acreage of all existing wetlands on the property:
No wetlands were identified within the Project Area.
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
767 L.F. perennial
3d. Explain the purpose of the proposed project:
The Town of Chapel Hill is proposing a greenway trail begining at the termini of McMasters Street west of Mason Street,
extending north through land owned by the Town of Chapel Hill to end at the termini of Jay Street.
3e. Describe the overall project in detail, including the type of equipment to be used:
The proposed improvements will include the construction of the greenway trail, and one single span bridge. Typical
roadway construction equipment will be utilized.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past?
® Yes ❑ No ❑ Unknown
Comments: A preliminary jurisidictional determination
request is included as part of this application.
4b. If the Corps made the jurisdictional determination, what type
❑ Preliminary ❑ Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas?
Agency /Consultant Company: Kimley -Hom and
Name (if known): Chad Evenhouse, PWS
Associates, Inc., on March 20,2013
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Page 3 of 12
PCN Form —Version 1.3 December 10, 2008 Version
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
❑ Yes ® No ❑ Unknown
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project?
❑ Yes ® No
6b. If yes, explain.
Page 4 of 12
PCN Form — Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑ Wetlands ❑ Streams - tributaries ® Buffers
❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
2b.
2c.
2d.
2e.
2f.
Wetland impact
Type of jurisdiction
number —
Type of impact
Type of wetland
Forested
(Corps - 404, 10
Area of impact
Permanent (P) or
(if known)
DWQ — non -404, other)
(acres)
Tem ora
W1 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W2 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W3 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W4 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W5 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W6 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g. Total wetland impacts
2h. Comments: No wetland impacts will result from the 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
Type of jurisdiction
Average
Impact
number -
(PER) ) or
(Corps -404, 10
stream
length
Permanent (P) or
intermittent
DWQ — non -404,
width
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
S1 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S2 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S3 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S4 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S5 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S6 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h. Total stream and tributary impacts
3i. Comments: No stream impacts will result from the project. The perennial stream will be crossed with a span structure
perpendicular to the channel and no fill, either temporary or permanent will be placed in the channel below the top of bank
(OHWM).
Page 5 of 12
PCN Form —Version 1.3 December 10, 2008 Version
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
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody type
4e.
Area of impact (acres)
01 ❑P ❑T
02 ❑P ❑T
03 ❑P ❑T
04 ❑P ❑T
4E Total open water impacts
4g. Comments: No open water impacts will result from this project.
5. Pond or Lake Construction
If Pond or lake construction proposed, the 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
Flooded
P1
P2
5E Total
5g. Comments: No pond or lake construction is proposed for this 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:
Page 6 of 12
PCN Form —Version 1.3 December 10, 2008 Version
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.
❑ Neuse ❑ Tar - Pamlico ® Other: Jordan
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b.
6c.
6d.
6e.
6f.
6g.
Buffer impact
number —
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P)
for impact
Stream name
mitigation
(square feet)
(square feet)
or Temporary
required?
61 ®P ❑ T
Greenway
Trail
Tanyard Branch
® Nos
2,294
4,636
B2 ❑P ❑T
El Yes
❑ No
B3 ❑P ❑T
❑Yes
❑ No
6h. Total buffer impacts
2,294
4,636
6i. Comments: Impacts to Zone 1 are associated with the perpendicular crossing of the buffered stream. Zone 2 impacts also
include fill slopes for the paved path, however, these areas are currently herbaceous areas within the existing maintained
utility easement, and the fill areas will be re- vegetated upon completion of the path.
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Direct impacts to streams in the project corridor were avoided by creating a perpendicular alignment and spanning the stream
with a pedestrian bridge. The path was relocated so that the paved surface would be outside of the regulated buffer except for
at the crossing location.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Measures will be taken throughout the construction process to reduce erosion sedimentation to the stream and buffers by
utilizing silt fencing along Tanyard Branch.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
❑ Yes ® No
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
❑ Mitigation bank
2c. If yes, which mitigation option will be used for this project?
❑ Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type
Quantity
Page 7 of 12
PCN Form —Version 1.3 December 10, 2008 Version
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
❑ warm ❑ cool ❑cold
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:
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.
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
❑ Yes ® No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
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).
6h. Comments:
Page 8 of 12
PCN Form —Version 1.3 December 10, 2008 Version
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified
® Yes ❑ No
within one of the NC Riparian Buffer Protection Rules?
1b. If yes, then is a diffuse flow plan included? If no, explain why.
Comments: The path is design to sheet flow into the riparian buffer. The proposed
drop inlet will collect offsite flow and bypass it under the trail into an existing
conveyance swale outside of Buffer Zone 2. The existing drainage pattern in the
buffer zones will be maintain. To help diffuse flow the drop inlet system will outlet
into a rip-rap dissipater pad outside of Buffer Zone 2.
® Yes ❑ No
The existing eroding swale at the beginning of the project will be stablized with rip
rap outside of Buffer Zone 2. Existing drainage pattern within buffer zones will be
maintained.
During construction silt fence and reinforced silt fence will be used to treat and
diffuse flow prior to reaching the riparian buffer.
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project?
31.52%
2b. Does this project require a Stormwater Management Plan?
❑ Yes ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Linear public transportation project.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
No runoff from the path will be allowed to concentrate. Any concentrated runoff from off site will be bypassed in a
nonerosive manner.
® Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan?
❑ DWQ Stormwater Program
❑ DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local governments jurisdiction is this project?
Town of Chapel Hill
® Phase II
3b. Which of the following locally- implemented stormwater management programs
® NSW
❑ USMP
apply (check all that apply):
® Water Supply Watershed
® Other: Jordan Buffer Rules
3c. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ® 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
Page 9 of 12
PCN Form —Version 1.3 December 10, 2008 Version
attached?
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements?
® Yes ❑ No
5b. Have all of the 401 Unit submittal requirements been met?
® Yes ❑ No
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1a. Does the project involve an expenditure of public (federal /stateAocal) funds or the
® Yes ❑ No
use of public (federal/state) land?
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
❑ Yes ® No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.)
❑ Yes ❑ No
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑ Yes ® No
or Riparian Buffer Rules (15A NCAC 2B.0200)?
2b. Is this an after - the -fact permit application?
❑ Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no; provide a short narrative description.
The proposed greenway trail will not result in additional development in the area.
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.
The proposed greenway trail will not generate any wastewater.
Page 10 of 12
PCN Form —Version 1.3 December 10, 2008 Version
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?
C1 Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
❑ Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
Critical habitat was not observed during site reconnaissance (03/20/2012) in the project study area for any of the
categorized species on the U.S. Fish and Wildlife Service ( USFWS) list of threatened and endangered species for
Orange County.
Red Cockaded Woodpecker - the forest community is mixed hardwoods surrounded by urban development... potential
habitat not present. Dwarf wedgemussel - The site is in the Cape Fear River Basin. DWM occurrs in the Neuse and Tar
River drainages in Orange county... potential habitat not present. Michaux sumac - the soil types observed are not typical
of Michaux sumac... potential habitat not present. Smooth coneflower - the soil and vegetation community was not
typical of smooth coneflower... potential habitat not present.
A review of the Natural Heritage Program (NHP) Element Occurrence Database and the USFWS website was conducted
on 05/29/2013. This review noted that there are no documented occurrences of federally threatened or endangered
species within a 1 -mile search radius of the site. For the federal T&E species listed for Orange County red - cockaded
woodpecker, dwarf wedgemussel, michau's sumac, and smooth coneflower.
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?
Project does not occur in coastal plain.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
Yes No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
A review of the State Historic Preservation Office (SHPO) online database was conducted on 05/29/2013 to identify any
properties eligible for listing on the National Register of Historic Places within the project study area. This review did not
identify any National Register properties within the project study area.
No historical structures or indicators were found or observed during the field reconnaissance conducted on 03/20/2013.
Page 11 of 12
PCN Form — Version 1.3 December 10, 2008 Version
Chad Evenhouse, PWS 7 -31 -13
Applicant/Agent's Printed Name Date
Applicant/Agent's Signature
(Agent's signature is valid only N an authorization letter from the applicant
Page 12 of 12
PCN Form — Version 1.3 December 10, 2008 Version
Ora
Cot
Ca
Figure 1
0 Legend Project Vicinity Map
- A/E13 -007 Proposed Alignment Town ProjectA /E13 -007
Kinnley -Horn Existing Sidewalks McMasters Street to Jay Street
GOM„ and Associates, Inc. Greenway Trail
/)" Floodway Orange County, NC
Iron Mine �, y
y ;
r ,
r
f
s ` f
4 a
i
a 1
,rte ell
•
• Ir �,,
End Project
Figure 2
USGS Topographic Map
Legend Town ProjectA /E13 -007
McMasters Street to Jay Street
E� Kimley -Horn Greenway Trail
m and Associates, Inc. A/E13 -007 Proposed Alignment Orange County, NC
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Legend Figure 3: NRCS Soil Survey (Orange County) Map
Town ProjectA /E13 -007
- - A/E13 -007 Proposed Alignment McMasters Street to Jay Street
I]M Kimley -Horn Greenway Trail
�I�� and Associates, Inc. -- - -- Streams Orange County, NC
Design Drawings
for Tanyard Branch Greenway Trail
(Town Proj ect A/E 13 -007)
GRAPHIC SCALE
50 1 Q 510 1Q0
MLIK-M" -Now
(IN FEET)
lINCH = /00 FT
z ze
L Z0 1 ZB
Z 20
� ZB
_...�., -tG I
, -.__ ., SITE
o
II =❑ Kimley -Horn
m and Associates, Inc. TANYARD BRANCH GREENWAY TANYARD BRANCH GREENWAY I OF 4
(D 2013
Posr !)Kca Boa 33068
Raleigh, North Carolina 27636
C] _ " Kimley -Horn
and Associates, Inc. TANYARD BRANCH GREENWAY IMPACT SUMMARY 2 OF 4
OC , 2013
Post OHwe Box 33068
Raleigh, N-h Ca 1m. 27636
TEMPORARY
PERMANENT
BUFFER
BUFFER
IMPACTS
STREAM
STREAM
ZONE I
ZONE 2
IMPACTS
IMPACTS
IMPACTS
IMPACTS
(FT)
(FT)
(FT 2 )
(FT 2 )
SITE 1
0
0
2,294 SF
4,636 SF
C] _ " Kimley -Horn
and Associates, Inc. TANYARD BRANCH GREENWAY IMPACT SUMMARY 2 OF 4
OC , 2013
Post OHwe Box 33068
Raleigh, N-h Ca 1m. 27636
BUFFER ZONE 1IMPACTS
e 2,294 SF
BUFFER ZONE 2 IMPACTS
OFFS/ FL A= J 4,636 SF
NTO l TU GRAPHIC SCALE
(IN FEET)
CH = 50 FT
_ rITREATED AT
M O N WITH
T FENCE
a
1\ \
i— —F PROPOSED SILT FENCE —TPF— TREE PROTECTION FENCE
APPROX.EDGE OF WATER —TO- TOP OF BANKS
— PROPOSED LIMITS OF DISTURBANCE —"z BUFFER ZONE I LIMITS BUFFER ZONE 1 IMPACTS
—POE— PERMANENT GREENWAY EASEMENT —azz— BUFFER ZONE 2 LIMITS BUFFER ZONE 2 IMPACTS
M Kimley -Horn SITE I
m❑ and Associates, Inc. TANYARD BRANCH GREENWAY BUFFER ZONE IMPACT 3 OF 4
CO , 20,3
Post Otfics Boa 33068
Raleigh, Noah Carolina 27636
.•
•
MOMED
GRAW
•
EGRWAIID
' all 11
�,
t I I'
LIMITS OF •'
PSTURBAWE ; t�
fTYP1
OMITS OF JURISQICTONAL WATER a
BASED OM OADMAW MW WATER
MARK INDCArtm AND EXIST
WDRiRAPMC TOP OF BANK RYP)
APPROX.EWE OF WATER OYPI
••••.
•
ft-ft�— ♦•
••
. •
PRaVMED dURVEYED 4/!6//31
ORAOINO Iry o VU.rn
GRAPMIC SCALE
3,0 , Q 3p 6p
(IN FEET)
IINCH = 60 FT
❑M❑ Kimley -Hom
and Associates, Inc. TANYARD BRANCH GREENWAY SITE I 4 OF 4
0,:013 .a,OM. Bw 33D68 SECTION A —A
APPENDIX A
Agent Authorization Form
for Tanyard Branch Greenway Trail
(Town Project A/E13 -007)
Letter of Authorization
Mr. Bill Webster, with the Town of Chapel Hill 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 the Tanyard Branch Greenway project located in
Orange County, North Carolina. Authorization will terminate on either final
agency action or upon written notification from either parties involved.
Company Name: Kimlev -Horn and Associates. Inc.
Contact Name: Jeff Moore, P.E.
Client Name: Bill Webster
Client Address: 200 Plant Road
Chapel HiIL NC 27514
Client Phone #: 919 -968 -2819
Client Fax #: 919 - 932 -2923
Client Email: bwebsterna.townofchayelhill.ors
12- !3
Date
APPENDIX B
Buffer Determination Request
for Tanyard Branch Greenway Trail
(Town Proj ect A/E 13 -007)
Jordan Watershed Riparian TOWN of CHAPEL HILL
Buffer Authorization Planning Department
405 Martin Luther King Jr. Blvd
Application phone (919) 968 -2728 fax (919) 969 -2014
www.townofchapelhill.org
Parcel Identifier Numbers (PINS): 9788-M3799,9788-09-4147,9788-09-4386 Date: 5/30/13
Section A: Project Information
Project Name: A/E13-007 Tanyard Branch Greenway Trail
Property Address: From McMasters St to Jay St Zip Code: 27514
The Tanyard Branch Greenway Trail project connects
Project Description: McMasters St and Jay St with bicycle and
pedestrian facili ies.
Section 13: Applicant . Applicant
Applicant Information (to whom correspondence will be mailed)
® Owner ❑ Contract Purchaser
Name: Town of Chapel Hill (attn: Bill Webster)
Address: 200 Plant Road
City: Chapel Hill State: NC Zip Code: 27514
Phone: 919- 968 -2819 Email: bwebster @townofchapelhill.org
Applicant Agent Information:
If authorizing an agent to act on your behalf, please fill out this section
Name:
Address:
City:
Phone:
State:
Email:
Zip Code:
The undersigned applicant does hereby authorize the Applicant Agent listed below to act on my behalf and take all
actions necessary for the processing, Issuance and acceptance of this Jordan Watershed Riparian Buffer Authorization
and any and all standard and special conditions attache
Signature: Date:
Page 1 of 3 1 Revised 12/2010
Jordan Watershed Riparian
Buffer Authorization Application
TOWN OF CHAPEL HILL
Planning Department
Impact Section C: Buffer
Complete the chart below. List each buffer impact individually.
Buffer
Impact ID*
Activity or Use
[From Table in 5.18.7(b) of the LUMO)
Linear
Impact
feet
Zone 1
Impact
(square feet
tone 2
Impact
(square feet)
Mitigation
Required?
(Yes or No)
Site 1
Greenway Trail
0
1,026
4,190
No
Total Buffer Impacts:
*Please use same ID on all plan sheets and narrative.
Section D: Certification of No Practical Alternatives
i certify that this project meets all the following criteria for a determination of no practical alternatives:
A. The basic project purpose cannot be practically accomplished in a manner that would better minimize
disturbance, preserve aquatic life and habitat, and protect water quality;
B. The use or activity cannot practically be reduced in size or density, reconfigured, modified or redesigned to better
minimize disturbance, preserve aquatic life and habitat, and protect water quality; and
C. Best management practices shall be used as necessary to minimize disturbance, preserve aquatic life and habitat,
and protect water quality.
Further, I certify that, to the best of my knowledge and belief, all information supplied with this application is true and
accurate.
2 (Seal) Date: 41V112-
Signature
/
ux ate 2 W /O� °F'L
Print Name
Page 2 of 3 Revised 12/2010
Buffer Authorization Application SUBMITTAL REQUIREMENTS
The following must accompany your application. Failure to do so will result in your application being considered incomplete. For
assistance with this application, please contact the Chapel Hill Planning Department (Planning) as (919)968 -2728 or at
planning @townofchapelhill.ora. For detailed information, please refer to the Description of Detailed Information handout. (Revised
10.01.09)
Y Digital Files and Paper Copies - provide digital files and Paper Copies of all plans and documents
Y plan Recorded Plat or Deed of Property
Y Written Narrative describing the proposal — must include:
• Explanation of why this plan for the use or activity cannot be practically accomplished, reduced or
reconfigured to better minimize disturbance to the riparian buffer, preserve aquatic life and habitat and
protect water quality.
• Description of measures taken to avoid or minimize the proposed impacts in designing the project.
• Description of measures taken to avoid or minimize the proposed impacts through construction techniques.
Y Stream Determination - necessary for all submittals
N/A Jurisdictional Wetland Determination — if applicable
app Copy of 404 permit /401 certification — if applicable
Site Plan (2 copies to be submitted no larger than 24 "06 "). Plans should be legible and clearly drawn.
All plan set sheets should include the following:
• Legend
• Labels
• North Arrow (North oriented toward top of page)
• Property Boundaries
• Scale (Engineering), denoted graphically and numerically
• Existing topography at minimum 2 -foot intervals and finished grade
• Setbacks and property boundaries
• Buffer Impact IDs, as specified in Section C - Buffer Impact Information
All lap n sets should include the following:
• Natural drainage and manmade drainage features, including, water bodies, streams, RCD Boundary, Jordan Riparian
Buffers Boundary, Floodplain, and Wetlands Boundary, where applicable (note ephemeral streams on site)
• Delineate the boundaries of the uses or land to be utilized for activities. Delineate the location and the dimensions of
any proposed disturbance in the riparian buffers.
• Existing/Proposed utilities in project area
• Notes for specific uses or activities based on requirements in Section 5.18 of the LUMO [including footnotes from Table
of Uses and Activities 5.18.7(b)]
• All relevant development plan items that impact, effect or cause buffer disturbance.
• Plans for any best management practices proposed to be used to control the impacts associated with the activity.
Page 3 of 3
Revised 12/2010
APPENDIX C
Preliminary Jurisdictional Determination Request
for Tanyard Branch Greenway Trail
(Town Project A/E13 -007)
ATTACHMENT
PRELIMINARY JURISDICTIONAL DETERMINATION FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL
DETERMINATION (JD):
B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD:
Kimley -Horn and Associates, Inc.
ATTN: Chad Evenhouse, PWS, on behalf of the Town of Chapel Hill
3001 Weston Parkway
Cary, NC 27513
C. DISTRICT OFFICE, FILE NAME, AND NUMBER:
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
(USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES
AT DIFFERENT SITES)
State: NC County /parish/borough: Orange City: Chapel Hill
Center coordinates of site (lat/long in degree decimal format):
Lat. 35.917937 0N, Long. 79.066232 0W.
Universal Transverse Mercator:
Name of nearest waterbody: Tanyard Branch
Identify (estimate) amount of waters in the review area:
Non - wetland waters: 767 linear feet: width 14 -20 (ft)
Cowardin Class: Riverine
Stream Flow: Perennial
Wetlands: n/a
Cowardin Class:n /a
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:
❑ Field Determination. Date(s):
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
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 "may be" 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:
2
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:
1:24,000 (Chapel Hill Quad)
® USDA Natural Resources Conservation Service Soil Survey.
Citation: Orange County (1977).
❑ 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):NC Orthoimagery Program (2010).
or ® Other (Name & Date):Site Photographs (2013).
❑ 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.
Signature and date of
Regulatory Project Manager
(REQUIRED)
Z�41er_�
Signature and date of
person requesting preliminary JD
(REQUIRED, unless obtaining
the signature is impracticable)
Estimated
Site
Cowardin
amount of
Class of
number
Latitude
Longitude
Class
aquatic
aquatic
resource in
resource
review area
SA
35.9175
- 79.0660
Riverine
81 linear feet
non - section
(UT to
10, non — tidal,
Tanyard
non - wetland
Branch
SB
35.9182
- 79.0662
Riverine
686 linear feet
non - section
( Tanyard
10, non — tidal,
Branch )
non - wetland
APPENDIX D
USACE and NCDWQ Authorization Forms
for Tanyard Branch Greenway Trail
(Town Project A/E13 -007)
North Carolina Division of Water Quality - Stream Identification Form, Version 4.11
Date: 3/19/2013
Project/Site: Tanyard Branch Greerway -
Stream SA (1)
Latitude: 35.917 N (dd)
Evaluator: Chad Evenhouse, PwS
County: Orange
Longitude: - 79.065 W (dd)
Total Points: 31.5
Stream Determination
Other
Stream is at least intermittent
Ephemeral Intermittilkt Perennial
.g. Quad Name:
ifs 19 or perennial if a 30
0
1
A. Geomorphology Subtotal = 18
Absent
Weak
Moderate
Strong
Score
1a. Continuity of channel bed and bank
0
1
2
3
3
2. Sinuosity of channel along thalweg
0
1
2
3
2
3. In- channel structure: ex. riffle -pool, step -pool, ripple-
ool se uence
0
1
2
3
2
4. Particle size of stream substrate
0
1
2
3
3
5. Active /relic flood lain
0
1
2
3
3
6. Depositional bars or benches
0
1
2
3
2
7. Recent alluvial deposits
0
1
2
3
0
8. Headcuts
1 0
1 1
1 2
3
1
9. Grade control
0
0.5
1
1.5
0.5
10. Natural valley
0
I
0.5
1
I
1.5
1.5
11. Second or greater order channel
No = 0
Yes = 3
0
artificial ditches are not rated; see discussions in manual
B. Hydrology Subtotal = 6.5
12. Presence of Baseflow
0
1
2
3
2
13. Iron oxidizing bacteria
0
1
2
3
0
14. Leaf litter
1.5
1
0.5
0
1
15. Sediment on plants or debris
0
0.5
1
1.5
0
16. Organic debris lines or piles
0
0.5
1
1.5
0.5
17. Soil -based evidence of high water table?
No = 0
Yes = 3
3
C. Biology Subtotal=
18. Fibrous roots in streambed
3
2
1
0
3
19. Rooted upland plants in streambed
3
2
1
0
3
20. Macrobenthos note diversity and abundance
0
1
2
3
0
21. Aquatic Mollusks
0
1
2
3
0
22. Fish
0
0.5
1
1.5
0
23. Crayfish
0
0.5
1
1.5
0
24. Amphibians
0
0.5
1
1.5
0
25. Algae
0
0.5
1
1.5
1
26. Wetland plants in streambed
FACW = 0.75; OBL
= 1.5; Other
= 0
0
*perennial streams may also be identified using other methods. See p. 35 of
manual.
Notes: Stream SA is a historically straightened, slightly incised perennial
tributary of Tanbark Branch. Substrate size ranges from gravel/cobble to large
boulders and bedrock. A sewer easement traverses the stream, and several
exposed sewage pipes were observed. Water was very turbid, which may be
due to construction activities upstream.
15' bankfull width, T bank height. T water width. 1' water depth
North Carolina Division of Water Quality - Stream Identification Form, Version 4.11
Date: 3/19/2013
Pro ect/Site: Tanya"° Branch creenway -
J Stream SA (2)
Latitude: 35.918 N (dd)
Evaluator: Chad Evenhouse, PwS
County: Orange
Longitude: - 79.066 W (dd)
Total Points: 33
Stream Determination
Other
Stream is at least intermittent
Ephemeral Intermitt t Perennial
.g. Quad Name:
if 2:19 or perennial if 2 30
0
1
A. Geomorphology Subtotal = 18.5
Absent
Weak
Moderate
Strong
Score
1a. Continuity of channel bed and bank
0
1
2
3
3
2. Sinuosity of channel along thalweg
0
1
0.5
3
2
3. In- channel structure: ex. riffle -pool, step -pool, ripple-
ol se uence
0
1
2
3
2
4. Particle size of stream substrate
0
1
2
3
3
5. Active /relic flood lain
0
1
2
3
3
6. Depositional bars or benches
0
1
2
3
2
7. Recent alluvial deposits
0
1
2
3
0
8. Headcuts
0
1
2
3
1
9. Grade control
0
0.5
1
1.5
1
10. Natural valley
0
0.5
1
1.5
1.5
11. Second or greater order channel
No = 0
Yes = 3
0
artmaai ancnes are not rates; see aiscussions in manual
B. Hydrology Subtotal =
12. Presence of Baseflow
0
1
2
3
2
13. Iron oxidizing bacteria
0
1
2
3
0
14. Leaf litter
1.5
1
0.5
0
1
15. Sediment on plants or debris
0
0.5
1
1.5
0.5
16. Organic debris lines or piles
0
0.5
1
1.5
0.5
17. Soil -based evidence of high water table?
No = 0
Yes = 3
3
C. Biology Subtotal = 7.5
18. Fibrous roots in streambed
3
2
1
0
3
19. Rooted upland plants in streambed
3
2
1
0
3
20. Macrobenthos note diversity and abundance
0
1
2
3
0
21. Aquatic Mollusks
0
1
2
3
0
22. Fish
0
0.5
1
1.5
0
23. Crayfish
0
0.5
1
1 1.5
0
24. Amphibians
0
0.5
1
1.5
0
25. Algae
0
0.5
1
1.5
1.5
26. Wetland plants in streambed
FACW = 0.75; OBL
=1.5; Other
= 0
0
`perennial streams may also be Identified using other methods. See p 35 of
manual.
Notes: Stream SA is a historically straightened, stabilized perennial
tributary of Tanbark Branch. Substrate size ranges from gravel /cobble to large
boulders. Dossibiv Dlaced to stabilize banks at a trail crossino (Dhoto).
20' bankfull width, 9' bank height, 8' water width, 1' water depth
North Carolina Division of Water Quality - Stream Identification Form, Version 4.11
Date: 3/19/2013
Project/Site: Tanyard Branch SBee�y
Stream
Latitude: 35.918 N (dd)
Evaluator: Chad Evenhouse, PWS
County: Orange
Longitude: - 79.067 W (dd)
Total Points: 30.5
Stream Determination
Other
Stream is at least intermittent
Ephemeral Intermitt4ii Perennial
g. Quad Name:
ifs 19 or perennial if a 30
0
1
A. Geomorphology Subtotal = 17
Absent
Weak
Moderate
Strong
Score
1a. Continuity of channel bed and bank
0
1
2
3
2
2. Sinuosity of channel along thalweg
0
1
3
3
1
3. In- channel structure: ex. riffle -pool, step -pool, ripple-
ol se uence
0
1
2
3
2
4. Particle size of stream substrate
0
1
2
3
3
5. Active /relic flood lain
0
1
2
3
3
6. Depositional bars or benches
0
1
2
3
1
7. Recent alluvial deposits
0
1
2
3
1
8. Headcuts
0
1 1
1 2
1 3
2
9. Grade control
0
0.5
1
1.5
1
10. Natural valley
0
0.5
1
1 1.5
1
11. Second or greater order channel
No = 0
Yes = 3
0
artificial ditches are not rated; see discussions in manual
B. Hydrology Subtotal =
12. Presence of Baseflow
0
1
2
3
1
13. Iron oxidizing bacteria
0
1
2
3
0
14. Leaf litter
1.5
1
0.5
0
1
15. Sediment on plants or debris
0
0.5
1
1.5
0.5
16. Organic debris lines or piles
0
0.5
1
1.5
0.5
17. Soil -based evidence of high water table?
No = 0
Ye,L:-,3
3
C. Biology Subtotal = 7.5
18. Fibrous roots in streambed
3
2
1
0
3
19. Rooted upland plants in streambed
3
2
1
0
3
20. Macrobenthos note diversity and abundance
0
1
2
3
0
21. Aquatic Mollusks
0
1
2
3
0
22. Fish
0
0.5
1
1.5
0
23. Crayfish
0
1 0.5
1
1.5
0
24. Amphibians
0
0.5
1
1.5
0
25. Algae
0
0.5
1
1.5
1.5
26. Wetland plants in streambed
FACW = 0.75; OBL
=1.5; Other
= 0
0
'perennial streams may also be identified using other methods. See p. 35 of
manual.
Notes: Stream SB is a stretch of Tanbark Branch, a blueline stream shown on
USGS topographic mapping. It is a perennial channel w
The buffer area is dominated by Chinese privet, with few trees.
14' bankfull width, 2' bank height, 8' water width, 0.5' water depth
APPENDIX E
Site Photos
for Tanyard Branch Greenway Trail
(Town Project A/E13 -007)