The URL can be used to link to this page

Home My WebLink About20150466 Ver 3_Modification Request_20220516Staff Review Form NORTH CAROLINA EnNmnmenfei Qea(Uy Updated September4, 2020 Staff Review Does this application have all the attachments needed to accept it into the review process?* Yes No ID# * 20150466 Version* 3 Is this project a public transportation project?* Reviewer List: * Colleen Cohn:eads\cmcohn Select Reviewing Office: * Yes No Raleigh Regional Office - (919) 791-4200 Does this project require a request for payment to be sent?* Yes No How much is owed?* $240.00 $570.00 Project Submittal Form Please note: fields marked with a red asterisk * below are required. You will not be able to submit the form until all mandatory questions are answered. Project Type: * For the Record Only (Courtesy Copy) New Project Modification/New Project with Existing ID More Information Response Other Agency Comments Pre -Application Submittal Re-Issuance\Renewal Request Stream or Buffer Appeal Pre -Filing Meeting Date Request was submitted on: 4/14/2022 Project Contact Information Name: Rick Trone Who is submitting the information? Email Address: rtrone@withersravenel.com Project Information Existing ID #: Existing Version: 20150466 3 20170001 (no dashes) 1 Project Name: Crabtree Creek Greenway Connector Is this a public transportation project? Yes No Is the project located within a NC DCM Area of Environmental Concern (AEC)? J Yes .s No `, Unknown County (ies) Wake Please upload all files that need to be submited. Click the upload button or drag and drop files here to attach document Crabtree Creek GW Connector NWP 14 ePCN 23.91MB Complete_Submitted 2022-05-16.pdf EMAIL_Crabtree Creek Greenway Connector Pre- 8.28MB Filing Meeting Request (WR# 02180750.10).pdf Only pdf or kmz files are accepted. Describe the attachments or comments: Package was originally submitted to USACE and NCDWR on 4/14/2022. The submittal was right around the time frame the Pre -Filing Meeting requirement was reinstated. Package was rejected by NCDWR due to less than 30 days elapsing between pre -filing meeting request and project submittal. Attached is the complete package and email confirmation of the pre -filing meeting request. Please note, the pre -filing meeting request was submitted directly to the project reviewer as this was before a dedicated email address was created for this purpose. Sign and Submit By checking the box and signing box below, I certify that: • I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. • I, 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 agree that submission of this online 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 online form. Signature: Submittal Date: Is filled in automatically. From: Trone, Rick To: Cohn, Colleen M Cc: Lastinger, James C CIV USARMY CESAW (USA) Subject: Crabtree Creek Greenway Connector Pre -Filing Meeting Request (WR# 02180750.10) Date: Thursday, April 14, 2022 11:18:00 AM Attachments: 20220405 CrabtreeCreek ImpactMaps CheckSet Binder.pdf Aerial.pdf Project Vicinity Exhibit.pdf NCDWR Crabtree Creek Greenway Connector NBRRO#20-070 04.22.2020.pdf Importance: High Hi Colleen, Please accept this email as our request for a pre -filing meeting for the subject project. I would like to submit a Pre -filing Notice for the following: Project Name: Crabtree Creek Greenway Connector Project Owner: Town of Cary Project Owner's Name/Address/Contact Information: Jamie Bissonnette-Project Manager, PO BOX 8005, Cary, NC 27512, 919-380-2760, Jamie.bissonnette@townofcary.org Project County: Wake Type of project/Approval Sought: NWP 14/GC4246 Please see attached documents. Please let me know if you have any questions or need further information. Thank you, Rick Trone Permitting Specialist 115 MacKenan Drive I Cary, NC 27511 Office: 919.469.3340 I Direct: 919.538.8184 rtroneCMwithercravenel.com CONFIDENTIALITY AND NONDISCLOSURE %. WithersRavenel 1111011 Our People. Your Success. April 14, 2022 US Army Corps of Engineers Raleigh Regulatory Field Office Mr. James Lastinger 3331 Heritage Trade Drive Suite 105 Wake Forest, NC 27587 NC -Division of Water Resources 401 & Buffer Permitting Unit Mr. Paul Wojoski 1617 Mail Service Center Raleigh, NC 27699 Re: Crabtree Creek Greenway Connector - NWP 14 PCN Submittal Cary, Wake County USACE AID: SAW-2014-01454, SAW-2020-00431 DWR#: 20150466 WR Project #02180759.10 Dear Mr. Lastinger and Mr. Wojoski, On behalf of the Town of Cary, we are requesting authorization from the USACE to use NWP 14 for 184 If/0.058 ac of permanent stream impacts and 61 If/0.018 ac of temporary stream impacts for construction of the Crabtree Creek Greenway Connector. We are requesting a 401 WQC from NC DWR for the above referenced impacts, as well as a Neuse River Riparian Buffer Authorization for 21,566 sf of permanent impacts to Neuse River Riparian Buffers (Zone 1: 13,109 sf; Zone 2: 8,457 sf). Proposed Impact Table Feature Type of Impact Impact Area LF SF AC Stream Permanent (Functional Loss) 121 If 1652 sf 0.038 ac Stream Permanent (No Functional Loss) 63 If 698 sf 0.016 ac Stream Temporary 61 If 797 sf 0.018 ac Stream Totals 219 If 3,023 sf 0.069 ac Zone 1 Permanent - 13,109 sf 0.300 ac Zone 2 Permanent - 8,457 sf 0.190 ac Zone 1 Temporary - 3,318 sf 0.070 ac Zone 2 Temporary - 683 sf 0.020 ac Buffer Totals - If 25,567 sf 0.58 ac Of the 0.054 acres of permanent stream impacts, only 0.038 acres of impact will result in a functional loss and therefore is eligible for authorization under an NWP 14. Type of Impact Impact Area LF SF AC Stream - Permanent (Functional Loss) 121 If 1652 sf 0.038 ac Stream - Permanent (No Functional Loss) 63 If 574 sf 0.016 ac Total 184 If 2,226 sf 0.054 ac 115 MacKenan Drive I Cary, NC 27511 t: 919.469.3340 I f: 919.467.6008 I www.withersravenel.com I License No. F-1479 Asheville I Cary I Charlotte I Greensboro I Lumberton I Pittsboro I Raleigh I Southern Pines I Wilmington Crabtree Creek Greenway Connector NWP 14/Neuse River Riparian Buffer Authorization Cary, Wake Co. Li. WithersRavenel Our People. Your Success. The proposed project is ±1.90 acres in size and is located on four parcels (PINS: 0765077116, 0765161551, 0765152804, 0756800223) Located north and south of the Weston Parkway between Centergreen Way and Norwell Boulevard in Wake County (Lat: 35.829556°N; - 78.795075°W). The project is in the Neuse River basin and onsite waters drain to Crabtree Creek/Lake Crabtree. The Water Quality Classification for Crabtree Creek is: B; NSW and the Stream Index Number is: 27-33-(3.5). The cataloging unit for the site is 030202010801. Proposed Project The purpose of the proposed project is to provide pedestrian and bicycle access from Weston Parkway and Weston Pud Trail to the existing Crabtree Creek Greenway and larger Town of Cary public greenway system. which will provide a connection from Weston Parkway and the Weston Pud Trails to Phase I of the Crabtree Creek Greenway. The project consists of construction of ±1,000 If of greenway trail extending from the existing terminus of the Weston Pud Trail to the existing Crabtree Creek Greenway to the north The proposed greenway trail will begin at the terminus of the Weston Pud Trail , just west of Weston Parkway (Lat: 35.829580°N; Long:-78.795076°W) and run north to tie into the existing Crabtree Creek Greenway (Lat: 35.8316028°N; Long:-78.7952556°W). A pedestrian tunnel will be installed below Weston Parkway to provide subterranean passage for pedestrian safety. In addition to the main greenway connector under Weston Parkway, an additional greenway path is proposed to the west extending from Weston Parkway to the proposed greenway trail. This segment of greenway will connect to the main connector and Weston Parkway. The purpose of this additional trail is to allow bicycle traffic to access the greenway connector from Weston Parkway and allow for easy access for sewer line maintenance which will not be feasible through the proposed pedestrian tunnel. The Town may include sidewalks along Weston Parkway as part of long-range plans. With the addition of sidewalks, foot traffic along Weston Parkway could reach the greenway connector via the proposed path that will meet Weston Parkway. A segment of existing trail on the south side of Weston Parkway is proposed to be augmented with a new section of trail at a lower grade to meet ADA access requirements. The proposed greenway connector and bicycle/maintenance path will be 10' in width and constructed of concrete. The purpose of these materials is to ensure the paths are ADA compliant. Project History The USACE issued a jurisdictional determination for the northern end of the project area (SAW- 2014-01454) in conjunction with NWP 14 issued on June 26, 2015. WR reviewed this portion of the project area and determined that the delineation was still accurate. The USACE issued a Preliminary JD for the southern portion of the project area (SAW-2020- 00431) on 4/21/2020, a copy of the PJD has been provided as an attachment to this application. NCDWR issued a buffer determination letter (RRO #20-070) on 4/22/2020 for the southern portion of the project area, which has been provided as an attachment to this application. All depicted streams within the northern portion of the project area were determined to be present and buffer subjectivity was conceded and a formal buffer determination was not requested. The northern portion of the proposed project is located within the Crabtree Creek Greenway Phase II project area, which was previously issued a NWP 14 (SAW-2014-01454) on 3/18/2017 and a NCDWR 401 WQC & Buffer Authorization (DWR# 15-0466 v2) on 1/7/2016. Crabtree Page 2 of 7 Crabtree Creek Greenway Connector NWP 14/Neuse River Riparian Buffer Authorization Cary, Wake Co. Li. WithersRavenel Our People. Your Success. Creek Greenway Phase II was never constructed, and the authorized stream and buffer impacts were not completed, and these previously issued permits have since expired. Copies of the previous NWP 14 and NCDWR 401 WQC & Buffer Authorization have been provided as attachments to this application. WithersRavenel staff reviewed the delineation previously approved during the Phase II permitting and determined it was still accurate. Proposed Impacts The proposed impacts consist of 121 If (0.038 ac) of permanent stream impacts with functional loss, 63 If (0.016 ac) of permanent stream impact with no functional loss, and 61 If (0.018 ac) of temporary stream impacts. The proposed stream impacts are necessary for construction of three perpendicular trail crossings There are no wetland impacts associated with this project. The southernmost trail crossing (Impacts S1-S3) permanent impacts will consist of a 48" RCP and associated riprap dissipator pad. The temporary stream impacts will result from installation of the culvert and procedures to dewater and install coffer dams to bypass flow, if necessary, in order to work in the dry. A second stream crossing (Impacts S4-S7) will consist of permanent impacts due to the installation of a 72" RCP and associated riprap dissipator pad on the downstream side of the culvert. The temporary stream impacts will result from installation of the culvert and the need to dewater and install coffer dams to bypass flow, if necessary, in order to work in the dry. A third crossing is proposed at the northern end of the project area near where the connector will meet the existing pedestrian trail (Impacts S8-S10). Permanent impacts proposed at this crossing are due to the installation of an 18" RCP and associated riprap dissipator pad. The riprap dissipator is aligned in such a way to protect an existing manhole from erosion. Note, this crossing was previously permitted. The temporary stream impacts will result from installation of the culvert and the need to dewater and install coffer dams to bypass flow, if necessary, in order to work in the dry. The proposed stream impacts are noted in the table below: Page 3 of 7 Crabtree Creek Greenway Connector NWP 14/Neuse River Riparian Buffer Authorization Cary, Wake Co. ail WithersRavenel Our People. Your Success. Im act p # Feature Permanent (Functional Loss) Permanent (No Functional Loss) Temporary LF SF AC LF SF AC LF SF AC S1 Stream 3 - - - - - - 11 173 0.004 S2 Stream 3 32 703 0.016 - - - - - - S3 Stream 3 - - - - - - 12 173 0.004 S4 Stream 2 - - - - - - 27 343 0.008 S5 Stream 2 30 740 0.017 - - - - - - S6 Stream 2 - - - 37 574 0.013 - - - S7 Stream 2 - - - - - - 5 90 0.002 S8 Stream 5 59 209 0.005 - - - - - - S9 Stream 5 - - - - - - 6 18 - S10 Stream 5 - - - 26 124 0.003 - - - Stream Totals 121 1652 0.038 63 698 0.016 61 797 0.018 Impacts to riparian buffers are proposed for trail construction and grading. Grading is necessary for the western trail segment from Weston Parkway to the main connector due to the slope and the desire to allow ADA access (Impacts B5-B6). Additionally, buffer impacts are proposed for the greenway trail and the first two crossings. Stream 5 is not subject to the Neuse buffer rules therefore no impacts are proposed at this crossing. The proposed buffer impacts are noted in the table below: Impact # Feature Permanent Temporary Zone 1 Zone 2 Zone 1 Zone 2 SF AC SF AC SF AC SF AC B1 Stream 1 2,096 0.05 2,679 0.06 - - - - B2 Stream 2/3 431 0.01 - - - - - - B3 Stream 2/3 731 0.02 - - - - - - B4 Stream 2 - - - - 994 0.02 - - B5 Stream 2 - - - - 2,324 0.05 683 0.02 B6 Stream 2 3,622 0.08 4,249 0.10 - - - - B7 Stream 2 6,229 0.14 1,529 0.04 - - - - Buffer Totals 13,109 0.30 8,457 0.19 3,318 0.07 683 0.02 Page 4 of 7 Crabtree Creek Greenway Connector NWP 14/Neuse River Riparian Buffer Authorization Cary, Wake Co. gm. WithersRavenel Our People. Your Success. The proposed stream and buffer impacts are necessary to construct a paved greenway trail connecting the Weston Pud Trails to the existing Crabtree Creek Greenway. Additionally, the western segment of trail will connect the greenway connector to Weston Parkway to allow bicycle traffic and future pedestrian traffic the ability to access the greenway connector and the Weston Pud trails from either direction of travel. This western trail segment must cross Stream 2 to reach the connector which results in an unavoidable impact. The greenway trails have been designed to cross streams as perpendicular as possible. Culvert 3 and associated riprap dissipator must be installed at an increased angle from the current stream alignment in order to avoid an existing 4' tall manhole. Riprap dissipators will be installed on the downstream ends of two culverts, resulting in permanent stream impacts with no functional loss. The riprap dissipator is necessary to prevent erosion of the streams. The riprap will be installed by burying the riprap such that the top of the riprap matches the pre -construction contours of the natural stream bed, allowing for the passage of aquatic life and preventing a loss of function of this section of stream channel. Construction will be completed in the dry by installing temporary coffer dams and constructing a temporary bypass swale to convey flow around the construction area. The installation of the temporary coffer dams, dewatering, and culvert will result in 0.018 acres (61 If) of temporary stream impacts. After construction is complete, the temporary stream impact areas will be restored to natural grade. The restored stream banks will be stabilized with biodegradable matting placed on the stream banks and seeded with rye grass to provide temporary stabilization until natural regeneration of native vegetation permanently stabilizes the banks. No matting will be placed on the stream bed. Avoidance and Minimization Prior to site plan design, the applicant requested that a detailed delineation be conducted so that impacts to wetlands and "waters" could be minimized. Impacts have been minimized to only those necessary for trail crossings to connect the southern side of Weston Parkway to the existing Crabtree Creek Greenway and to connect bicycle and future foot traffic to the greenway connector to the north without the need to cross Weston Parkway. All stream crossings have been designed to cross streams at a perpendicular angle at straight segments of stream channel to the maximum extent possible. Additionally, wing walls will be used at two crossings to stabilize rather than traditional backslopes. The previously permitted connector trail proposed a wooden bridge. Wooden bridges are not feasible for the western loop that crosses Stream 2 (impact S5) because this segment of trail will serve as sewer easement maintenance and any bridge must be able to support vehicles. The proposed trail crossing of Stream 3 (impact S2) will require a culverted crossing as the Town requires that bridges do not span sewer line easements. Additionally, it is not feasible at this crossing to use a bridge as the trail must be ADA compliant and current site conditions would require a much larger bridge in order to achieve the proper slope gradient. The crossing at Stream 5 (impact S8) remains unchanged from that which was previously permitted. The riprap dissipators below two culverts will be constructed such that the riprap will be installed by burying the riprap such that the top of the riprap matches the pre -construction contours of the natural stream bed, allowing for the passage of aquatic life and preventing a loss of function of this section of stream channel. Page 5 of 7 Crabtree Creek Greenway Connector NWP 14/Neuse River Riparian Buffer Authorization Cary, Wake Co. ::WithersRavenel Our People. Your Success. Upon completion of construction, the temporarily impacted stream channel will be restored to pre -construction conditions and grades, and temporarily stabilized with biodegradable matting and seeded with rye grass to provide temporary stabilization until natural regeneration of native vegetation permanently stabilizes the stream banks. No matting will be placed on the stream bed. Construction techniques used to avoid or minimize impacts include installation of erosion & sediment control devices prior to construction activities and construction access occurring in high ground. Mitigation The proposed project will result in 0.038 acres (121 If) of permanent stream impacts with functional loss which require compensatory mitigation. The applicant proposed to mitigate for the 121 If of permanent stream impacts (functional loss) at a 2:1 mitigation ratio, resulting in the provision of 242 If of stream mitigation. The Town of Cary has their own mitigation site, UT to Swift Creek Permittee Responsible Stream Restoration Site, which currently has 1,984 stream credits available as documented in the attached credit ledger. Therefore, the 242 If of stream mitigation credits will be provided within the UT to Swift Creek Permittee Responsible Stream Restoration Site. The proposed permanent buffer impacts are classified as "Allowable" uses within the 2020 Neuse River Riparian Buffer Rules and therefore buffer mitigation is not required. Please feel free to call if you have questions or require additional information to complete your review. Sincerely, WithersRavenel Rick Trone Environmental Scientist Attachments: • Agent Authorization Form • USGS Quads • Wake County Soil Survey • Aerial Photo • Delineation Exhibit • UT to Swift Creek Permittee Responsible Stream Restoration Site Credit Ledger • USACE PJD • NCDWR Buffer Determination Letter • Previous Phase II NWP 14 and NCDWR 401 WQC & Buffer Authorization Page 6 of 7 Crabtree Creek Greenway Connector NWP 14/Neuse River Riparian Buffer Authorization Cary, Wake Co. • USFWS IPaC Species List • NCNHP Project Review Letter • Stream Impact Exhibits • Buffer Impact Exhibits II&imp pp WithersRavenel Our People. Your Success. Page 7 of 7 916 la, Division of Water Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) April 13, 2022 Ver 4.3 Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all mandatory questions are answered. Also, if at any point you wish to print a copy of the E-PCN, all you need to do is right -click on the document and you can print a copy of the form. Below is a link to the online help file. https://edocs.deq.nc.govNVaterResources/0/edoc/624704/PCN % 20Help% 20File% 202018-1-30.pdf A. Processing Information Pre -Filing Meeting Date Request was submitted on:* 4/14/2022 If this is a courtesy copy, please fill in this with the submission date. County (or Counties) where the project is located:* Wake Is this a NCDMS Project* • Yes •No Click Yes, only if NCDMS is the applicant or co -applicant. Is this project a public transportation project?* 0Yes ®O No This is any publicly funded by municipal,state or federal funds road, rail, airport transportation project. la. Type(s) of approval sought from the Corps:* Section 404 Permit (wetlands, streams and waters, Clean Water Act) ❑ Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* 0 Yes ® No 1 b. What type(s) of permit(s) do you wish to seek authorization?* ❑O Nationwide Permit (NWP) ❑ Regional General Permit (RGP) ❑ Standard (IP) lc. Has the NWP or GP number been verified by the Corps?* Yes 0No Nationwide Permit (NWP) Number: 14 - Linear transportation NWP Numbers (for multiple NWPS): List all NW numbers you are applying for not on the drop down Iist. 1 d. Type(s) of approval sought from the DWR:* check all that apply 401 Water Quality Certification - Regular • Non-404 Jurisdictional General Permit • Individual 401 Water Quality Certification le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: • 401 Water Quality Certification - Express • Riparian Buffer Authorization • Yes •No • Yes • No 1f. Is this an after -the -fact permit application?* 0Yes ®No 1g. 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 Acceptance Letter Attachment Click the upload button or drag and drop files here to attach document FILE TYPE MUST BE PDF 1 h. Is the project located in any of NC's twenty coastal counties?* OYes O No 1j. Is the project located in a designated trout watershed?* 0 Yes No Link to trout information: http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Agency-Coordination/Trout.aspx B. Applicant Information la. Who is the Primary Contact?* Rick Trone 1 b. Primary Contact Email: * rtrone@withersravenel.com 1d. Who is applying for the permit?* • Owner (Check all that apply) 1 e. Is there an Agent/Consultant for this project?* ® Yes 0 No 2. Owner Information 2a. Name(s) on recorded deed:* See attached 2b. Deed book and page no.: 2c. Contact Person: (for Corporations) 2d. Address* Street Address 316 N. Academy St. Address Line 2 City Cary Postal /Zip Code 27512 2e. Telephone Number:* (xxx)xxx-xxxx (919)380-2760 2f. Fax Number: (xxx)xxx-xxxx 2g. Email Address: * jamie.bissonnette@townofcary.org 3. Applicant Information (if different from owner) 3a. Name:* Jamie Bissonnette-Project Manager 3b. Business Name: (if applicable) Town of Cary lc. Primary Contact Phone:* (xxx)xxx-xxxx (919)538-8184 ® Applicant (other than owner) State / Province / Region NC Country USA 3c. Address* Street Address PO BOX 8005 Address Line 2 City State / Province / Region Cary NC Postal /Zip Code Country 27512 USA 3d. Telephone Number:* (919)380-2760 3e. Fax Number: (xxx)xxx-xxxx (xxx)xxx-xxxx 3f. Email Address:* jamie.bissonnette@townofcary.org 4. Agent/Consultant (if applicable) 4a. Name:* Rick Trone 4b. Business Name: (if applicable) WthersRavenel 4c. Address* Street Address 115 Mackenon Drive Address Line 2 City State / Province / Region Cary NC Postal /Zip Code Country 27511 USA 4d. Telephone Number:* (919)538-8184 4e. Fax Number. (xxx)xxx-xxxx (xxx)xxx-xxxx 4f. Email Address:* rtrone@withersravenel.com C. Project Information and Prior Project History 1. Project Information la. Name of project:* Crabtree Creek Greenway Connector 1b. Subdivision name: (if appropriate) lc. Nearest municipality / town:* Cary, NC 2. Project Identification t:J 2a. Property Identification Number: (tax PIN or parcel ID) VVake Co PIN: 0765077116, Wake Co PIN:0765161551, Wake Co PIN:0765152804, VVake Co. PIN: 0756800223 2b. Property size: (in acres) ±1.90 2c. Project Address Street Address Address Line 2 City State / Province / Region Postal /Zip Code Country 2d. Site coordinates in decimal degrees Please collect site coordinates in decimal degrees. Use between 4-6 digits (unless you are using a survey -grade GPS device) after the decimal place as appropriate, based on how the location was determined. (For example, most mobile phones with GPS provide locational precision in decimal degrees to map coordinates to 5 or 6 digits after the decimal place.) Latitude: * Longitude: * 35.829556°N ex: 34.208504 -78.795075°W -77.796371 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Crabtree Creek 3b. Water Resources Classification of nearest receiving water: * Crabtree Creek Stream Index: 27-33-(3.5)Classification: Class B; NSW Surface Water Lookup 3c. What river basin(s) is your project located in?* Neuse 3d. Please provide the 12-digit HUC in which the project is located.* 030202010801 River Basin Lookup 4. Project Description and History 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 project site currently consists of undeveloped woodlands between the MetLife Campus and the NC Bar Association. The general land use in the vicinity consists of a mixture of commercial and residential development. An existing trail is located on the south side of the project area. An existing sanitary sewer easement is located adjacent and within the project area. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* O Yes 0 No 0 Unknown If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000). SAW-2014-01454, SAW-2020-00431 DVVR# 20150466 4f. List the total estimated acreage of all existing wetlands on the property: 0.002 ac 4g. List the total estimated linear feet of all existing streams on the property: (intermittent and perennial) 760 If 4h. Explain the purpose of the proposed project:* The purpose of the proposed project is to provide pedestrian and bicycle access from Weston Parkway and Weston Pud Trail to the existing Crabtree Creek Greenway and larger Town of Cary public greenway system. which will provide a connection from Weston Parkway and the Weston Pud Trails to Phase I of the Crabtree Creek Greenway. The project consists of construction of ±1,000 If of greenway trail extending from the existing terminus of the Weston Pud Trail to the existing Crabtree Creek Greenway to the north The proposed greenway trail will begin at the terminus of the Weston Pud Trail , just west of Weston Parkway (Lat: 35.829580°N; Long:-78.795076°W) and run north to tie into the existing Crabtree Creek Greenway (Lat: 35.8316028°N; Long:-78.7952556°W). A pedestrian tunnel will be installed below Weston Parkway to provide subterranean passage for pedestrian safety. In addition to the main greenway connector under Weston Parkway, an additional greenway path is proposed to the west extending from Weston Parkway to the proposed greenway trail. This segment of greenway will connect to the main connector and Weston Parkway. The purpose of this additional trail is to allow bicycle traffic to access the greenway connector from Weston Parkway and allow for easy access for sewer line maintenance which will not be feasible through the proposed pedestrian tunnel. The Town may include sidewalks along Weston Parkway as part of long-range plans. With the addition ofsidewalks, foot traffic along Weston Parkway could reach the greenway connector via the proposed path that will meet Weston Parkway. A segment of existing trail on the south side of Weston Parkway is proposed to be augmented with a new section of trail at a lower grade to meet ADA access requirements. The proposed greenway connector and bicycle/maintenance path will be 10' in width and constructed of concrete. The purpose of these materials is to ensure the paths are ADA compliant. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The proposed impacts consist of 121 If (0.038 ac) of permanent stream impacts with functional loss, 37 If (0.013 ac) of permanent stream impact with no functional loss, and 61 If (0.018 ac) of temporary stream impacts. The proposed stream impacts are necessary for construction of three perpendicular trail crossings There are no wetland impacts associated with this project. The southernmost trail crossing (Impacts S1-S3) permanent impacts will consist of a 48" RCP and associated riprap dissipator pad. The temporary stream impacts will result from installation of the culvert and construction of need to dewater and install coffer dams to bypass flow, if necessary, in order to work in the dry. A second stream crossing (Impacts S4-S7) will consist of permanent impacts due to the installation of a 72" RCP and associated riprap dissipator pad on the downstream side of the culvert. The temporary stream impacts will result from installation of the culvert and the need to dewater and install coffer dams to bypass flow, if necessary, in order to work in the dry. A third crossing is proposed at the northern end of the project area near where the connector will meet the existing pedestrian trail (Impacts S8-S10). Permanent impacts proposed at this crossing are due to the installation of an 18" RCP and associated riprap dissipator pad. The riprap dissipator is aligned in such a way to protect an existing manhole from erosion. Note, this crossing was previously permitted. The temporary stream impacts will result from installation of the culvert and the need to dewater and install coffer dams to bypass flow, if necessary, in order to work in the dry. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* ®Yes ®No Comments: ® Unknown 5b. If the Corps made a jurisdictional determination, what type of determination was made?* O Preliminary 0 Approved ® Not Verified to Unknown 0 N/A Corps AID Number: Example: SAW-2017-99999 SAW-2014-01454, SAW-2020-00431 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: T. Beasley, A. Ricci WithersRavenel 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR. SAW-2020-00431 4/21/2020, SAW-2014-01454 David Shaeffer with the Corps of Engineers verified the wetland delineation during a site visit on August 12, 2014. The subjectivity to buffers for the streams within the project area is not being contested. A buffer determination was conducted by NC DVVR (RRO #20-070) on 4/17/2020 and all streams were determined to be subject to the buffer rules with the exception of Stream E which was found to not be present. 6. Future Project Plans 6a. Is this a phased project?* O Yes OO 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 project or related activity? This includes other separate and distant crossing for linear projects that require Department of the Army authorization but don't require pre -construction notification. D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): ❑ Wetlands ❑O Streams -tributaries 10 Open Waters 0 Pond Construction ❑O Buffers 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. "S." will be used in the table below to represent the word "stream". 3a. Reason for impact* (?) 3b.Impact type* 3c. Type of impact* 3d. S. name* 3e. Stream Type* (?) 3f. Type of Jurisdiction* 3g. S. width* 3h. Impact length* S1 Greenway Crossing Temporary Dewatering Stream 3 Intermittent Both 3 Average (feet) 11 (linear feet) S2 Greenway Crossing Permanent Culvert Stream 3 Intermittent Both 3 Average (feet) 32 (linear feet) S3 Greenway Crossing Temporary Dewatering Stream 3 Intermittent Both 3 Average (feet) 12 (linear feet) S4 Greenway Crossing Temporary Dam construction Stream 2 Intermittent Both 12 Average (feet) 27 (linear feet) S5 Greenway Crossing Permanent Culvert Stream 2 Intermittent Both 12 Average (feet) 30 (linear feet) S6 Greenway Crossing Permanent Rip Rap Fill Stream 2 Intermittent Both 12 Average (feet) 37 (linear feet) S7 Greenway Crossing Temporary Dewatering Stream 2 Intermittent Both 12 Average (feet) 5 (linear feet) S6 Greenway Crossing Permanent Culvert Stream 5 Intermittent Both 2 Average (feet) 59 (linear feet) S9 Greenway Crossing Temporary Dewatering Stream 5 Intermittent Both 2 Average (feet) 6 (linear feet) S10 Greenway Crossing Permanent Rip Rap Fill Stream 5 Intermittent Both 2 Average (feet) 26 (linear feet) ** All Perennial or Intermittent streams must be verified by DVVR or delegated local government. 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 184 3i. Total temporary stream impacts: 61 3i. Total stream and ditch impacts: 245 3j. Comments: Of the 0.054 acres of permanent stream impacts, only 0.038 acres of impact will result in a functional loss and therefore is eligible for authorization under an NWP 14. 6. Buffer Impacts (for DWR) If project will impact a protected riparian buffer, then complete the chart below. Individually list all buffer impacts below. 6a. Project is in which protect basin(s)?* Check all that apply. p Neuse ❑ Catawba ❑ Goose Creek ❑ Other ▪ Tar -Pamlico la Randleman ® Jordan Lake 6b. Impact Type* (?) 6c. Per or Temp* (?) 6d. Stream name* 6e. Buffer mitigation required?* 6f. Zone 1 impact* 6g. Zone 2 impact* B1:Greenway P Stream 1 No 2,096 (square feet) 2,679 (square feet) B2: Greenway P Stream 3 No 431 (square feet) 0 (square feet) B3: Greenway P Stream 3 No 731 (square feet) 0 (square feet) B4: Greenway T Stream 2 No 994 (square feet) 0 (square feet) B5: Greenway T Stream 2 No 2,324 (square feet) 683 (square feet) B6: Greenway P Stream 2 No 3,622 (square feet) 4,249 (square feet) B7: Greenway P Stream 2 No 6,229 (square feet) 1,529 (square feet) 6h. Total buffer impacts: Total Temporary impacts: Total Permanent impacts: Total combined buffer impacts: 6i. Comments: Zone 1 3,318.00 Zone 2 683.00 Zone 1 Zone 2 13,109.00 8,457.00 Zone 1 Zone 2 16, 427.00 9,140.00 E. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: * Prior to site plan design, the applicant requested that a detailed delineation be conducted so that impacts to wetlands and "waters" could be minimized. Impacts have been minimized to only those necessary for trail crossings to connect the southern side of Weston Parkway to the existing Crabtree Creek Greenway and to connect bicycle and future foot traffic to the greenway connector to the north without the need to cross Weston Parkway. All stream crossings have been designed to cross streams at a perpendicular angle at straight segments of stream channel to the maximum extent possible. Additionally, wing walls will be used at two crossings to stabilize rather than traditional backslopes. The previously permitted connector trail proposed a wooden bridge. Wooden bridges are not feasible for the western loop that crosses Stream 2 (impact S5) because this segment of trail will serve as sewer easement maintenance and any bridge must be able to support vehicles. The proposed trail crossing of Stream 3 (impact S2) will require a culverted crossing as the Town requires that bridges do not span sewer line easements. Additionally, it is not feasible at this crossing to use a bridge as the trail must be ADA compliant and current site conditions would require a much larger bridge in order to achieve the proper slope gradient. The crossing at Stream 5 (impact S8) remains unchanged from that which was previously permitted. The riprap dissipators below two culverts will be constructed such that the riprap will be installed by burying the riprap such that the top of the riprap matches the pre -construction contours of the natural stream bed, allowing for the passage of aquatic life and preventing a loss of function of this section of stream channel. Upon completion of construction, the temporarily impacted stream channel will be restored to pre -construction conditions and grades, and temporarily stabilized with biodegradable matting and seeded with rye grass to provide temporary stabilization until natural regeneration of native vegetation permanently stabilizes the stream banks. No matting will be placed on the stream bed. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: * Construction techniques used to avoid or minimize impacts include installation of erosion & sediment control devices prior to construction activities and construction access occurring in high ground. 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? OO Yes O No 2c. If yes, mitigation is required by (check all that apply): • DWR ❑O Corps 2d. If yes, which mitigation option(s) will be used for this project? O Mitigation bank ❑ Payment to in -lieu fee program Permittee Responsible Mitigation NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington Districts RIBITS website. 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 including mitigation credits generated. The proposed project will result in 0.038 acres (121 If) of permanent stream impacts with functional loss which require compensatory mitigation. The applicant proposed to mitigate for the 121 If of permanent stream impacts (functional loss) at a 2:1 mitigation ratio, resulting in the provision of 242 If of stream mitigation. The Town of Cary has their own mitigation site, UT to Swift Creek Permittee Responsible Stream Restoration Site, which currently has 1,984 stream credits available as documented in the attached credit ledger. Therefore, the 242 If of stream mitigation credits will be provided within the UT to Swift Creek Permittee Responsible Stream Restoration Site. The proposed permanent buffer impacts are classified as' "Allowable" uses within the 2020 Neuse River Riparian Buffer Rules and therefore buffer mitigation is not required. 6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more information. OYes O No F. Stormwater Management and Diffuse Flow Plan (required by DWR) *** Recent changes to the stormwater rules have required updates to this section .*** 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? OO Yes O No 1 b. All buffer impacts and high ground impacts require diffuse flow or other form of stormwater treatment. If the project is subject to a state implemented riparian buffer protection program, include a plan that fully documents how diffuse flow will be maintained. All Stormwater Control Measures (SCM)s must be designed in accordance with the NC Stormwater Design Manual. Associated supplement forms and other documentation shall be provided. What type of SCM are you providing? O Level Spreader al Vegetated Conveyance (lower SHVVT) • Wetland Swale (higher SHVVT) Other SCM that removes minimum 30% nitrogen O Proposed project will not create concentrated stormwater flow through the buffer (check all that apply) For a list of options to meet the diffuse flow requirements, click here. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* OYes 0No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?* 0Yes CNo To look up low density requirement click here 15A NCAC 02H .1003(2). 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 OO Yes Q No O N/A - project disturbs < 1 acre Hint: projects that have vested rights, exemptions, or grandfathering from state or locally implemented stormwater programs or projects that satisfy state or locally -implemented stomiwater programs through use of community in -lieu programs should answer no to this question. 2d. Which of the following stormwater management program(s) apply (check all that apply):* Local Government O State If you have a local govemment approval please include the SMP on their overall impact map. Local Government Stormwater Programs* ❑O Phase II ❑ USMP Please identify which local government stormwater program you are using.* Town of Cary Comments: NSW ® Water Supply 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?* OO Yes O No 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 (North Carolina) Environmental Policy Act (NEPA/SEPA)?* OYes O No Comments: * Not required. 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)?* OYes O No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality?* OYes O No 3b. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* 0 Yes 0 No 0 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?* OYes O No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* OYes O No 5d. Is another Federal agency involved?* 0 Yes 0 No Unknown 5e. Is this a DOT project located within Division's 1-8?* 0Yes ®No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.?* OYes 0No 5g. Does this project involve bridge maintenance or removal?* 0 Yes ® No Link to the NLEB SLOPES document: http://saw-reg.usace.army.mil/NLEB/1-30-17-signed_NLEB-SLOPES&apps.pdf 5h. Does this project involve the construction/installation of a wind turbine(s)?** OYes C No 5i. 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.?* OYes ®O No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?* VVR reviewed the USFWS IPAC data, located at: https://ecos.fws.gov/ipac/, to identify the federally listed species and critical habitat known to occur within the vicinity of the project. The IPaC identified that RCW, Neuse River waterdog, Carolina madtom, Atlantic pigtoe, dwarf wedgemussel and Michaux's sumac have ranges that extend into the project area. The IPaC specified that there are no critical habitats within the project area. The IPaC species list has been provided as an attachment to this application. VVR reviewed the NC Natural Heritage Program database, located at https://ncnhde.natureserve.org/, as well as NCNHP GIS data to identify if there were any known occurrences of endangered species on or near the proposed project. The review of the NHP data did not identify any recent occurrences of federally listed threatened or endangered species or critical habitat on the subject property or within 1.0 miles of the project, see attached NCNHP project review letter dated 2/18/2022. Site reviews did not identify any potential habitat for red -cockaded woodpecker or Michaux's sumac. Site surveys did not identify any bald eagle nests within the project area or within 650 ft of the project area. The project site is within the known range of the Carolina madtom, Neuse River waterdog, Atlantic pigtoe and dwarf wedgemussel. The proposed project is located within the Crabtree Creek drainage area upstream of Lake Crabtree. Lake Crabtree prevents migration of these species to sustain viable populations Additionally, the proposed stream impacts will occur to intermittent streams, which are not potential habitat for these species. The lower section of Stream 2 below the confluence with Stream 4 is perennial. However, it is a small, shallow perennial stream with a silt substrate and was not considered potential habitat for Carolina madtom, Neuse River waterdog, Atlantic pigtoe, dwarf wedgemussel and yellow lance. Therefore, WR concludes that the proposed project will not adversely affect federally listed species or their designated critical habitat 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* OYes O No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* VVR reviewed the NOAA Essential Fish Habitat online mapper, located at: https://www.habitat.noaa.gov/apps/efhmapper/. There are no waters classified as EFH in Wake County. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data: http://gis.ncdcr.gov/hpoweb/ 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 (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)?* OYes O No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* VVR reviewed the NC State Historic Preservation Office's online database, located at: http://gis.ncdcr.gov/hpoweb/, to determine if there were any known historic or cultural resources within or in the vicinity of the proposed project. The database review did not identify any known resources within or in the vicinity of the proposed project. 8. Flood Zone Designation (Corps Requirement) Link to the FEMA Floodplain Maps: https://msc.fema.gov/portal/search 8a. Will this project occur in a FEMA-designated 100-yearfloodplain?* OYes O No 8c. What source(s) did you use to make the floodplain determination?* www.ncfloodmaps.com Miscellaneous Q Comments Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred. Click the upload button or drag and drop files here to attach document Appendix complete.pdf File must be PDF or KMZ 24.23MB Signature a O 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:* Rick Trone Signature* Taw Date 4/14/2022 ■■ WithersRavenel .. Our People. Your Success. Agent Authorization WithersRavenel Our People. Your Success. AUTHORITY FOR APPOINTMENT OF AGENT The undersigned contract purchaser, Town of Cary (Client) does hereby appoint WithersRavenel, Inc. as his, her, or it's agent for the purpose of petitioning the appropriate local, state and federal environmental regulatory agencies (US Army Corps of Engineers, NC Division of Water Quality, NC Division of Coastal Management, local municipalities, etc.) for: a) review and approval of the jurisdictional boundaries of onsite jurisdictional areas (wetlands, streams, riparian buffers, etc.) and/or; b) preparation and submittal of appropriate environmental permit applications/requests for the Crabtree Creek Greenway Project within the seven parcels listed below. • Wake Co PIN:0765071249, ±13.43 acres, located at 301 Metlife Way, Cary, NC 27513 • Wake Co PIN:0765067381, ±10.96 acres, located at 3000 Centregreen Way, Cary, NC 27513 • Wake Co PIN:0765063655, ±6 acres, located at 9001 Weston Parkway, Cary, NC 27513 • Wake Co PIN:0765170351, ±8.85 acres, located at 8000 Weston Parkway, Cary, NC 27513 • Wake Co PIN:0765077116, ±0.95 acres, located North of Weston Parkway between Centregreen Way and Norwell Boulevard in Cary, NC • Wake Co PIN:0765161551, ±3.64 acres, located south of Weston Parkway between Centregreen Way and Norwell Boulevard in Cary, NC • Wake Co PIN:0765152804, ±4.43 acres, located south of Weston Parkway between Centregreen Way and Norwell Boulevard in Cary, NC The Client does hereby authorize that said agent has the authority to do the following acts on behalf of the owner: (1) To submit appropriate requests/applications and the required supplemental materials; (2) To attend meetings to give representation on behalf of the Client. (3) To authorize access to subject property for the purpose of environmental review by appropriate regulatory agencies. This authorization shall continue in effect until completion of the contracted task or termination by the Client. 10 ZZ1 Date: Agent's Name, Address & Telephone: WithersRavenel, Inc. 115 MacKenan Drive Cary, NC 27511 , (Signature) Tel. (919)-469-3340 516 A. ACQ I een y 54 Mailing Address eat)/ Aft. P75' I2 City p� gState Zip Phone: {11 ' 3 O — 27 z Email: )e4s') to ..6DA h4J%lG 4481i» o'feqvy O3 115 MacKenan Drive I Cary, NC 27511 t: 919.469.3340 I f: 919.467.6008 I www.withersravenel.com I License No. C-0832 Asheville 1 Cary I Greensboro I Pittsboro I Raleigh I Wilmington Signature of Client: rnie- !SS Oil e+ic_) era jet4- Mao age"- ame - Print) (Title) OP Cleo • WithersRavenel rOur People. Your Success. AUTHORIZATION FOR PROPERTY ACCESS The undersigned owner(s), Weston Property Owners Association, do(es) hereby authorize WithersRavenel, Inc. to access the Crabtree Creek Greenway Project within the two parcels listed below for the purpose of environmental regulatory agency review (U5 Army Corps of Engineers, NC Division of Water Quality, NC Division of Coastal Management, US Fish and Wildlife Service, local Municipalities, etc.) and approvals (i.e. wetland delineation, stream/buffer determination, environmental permitting, etc.) at the request of the contract purchaser. • Wake Co PIN:0765161551, ±3.64 acres, located south of Weston Parkway between Centregreen Way and Norwell Boulevard in Cary, NC • Wake Co PIN:0765152804, ±4.43 acres, located south of Weston Parkway between Centregreen Way and Norwell Boulevard in Cary, NC This authorization does not bind the current property owner(s) to financial responsibility for services rendered on the subject property by WithersRavenel, Inc. This agreement shall continue in effect until completion/termination of the purchase contract for the subject property. Date: 101,1111 Contract Purchaser's Agent Info: Signature of Owner(s): WithersRavenel. Inc. RI OW[,0 w T - `1��(,Q.S r isutior Name —.Print / Title Pro y JI w kkam. 115 MacKenan Drive Cary, NC 27511 Tel. (919)-469-3340 Signat too _ ► o kikal VA - Mailing Address 1lLj h ii.C, 0-1(a 9.!-1 City State Zip Phone: Lq ICI 015 ' l022 Email: flhI .4tat• IOOJU' &Ai hW00%LS. Com 115 MacKenan Drive 1 Cary, NC 27511 t: 919.469.3340 f: 919.467.6008 www.withersravenel.com I License No. C-0832 Asheville 1 Cary 1 Greensboro I Pittsboro 1 Raleigh 1 Wilmington RIGHT OF ENTRY PERMIT THIS AGREEMENT made this the 2 E) day of October 2019, by and between Wake County (hereinafter called Landowner) and Withers & Ravenel, Inc. (hereinafter called Permit Holder). The Landowner hereby grants unto the Permit Holder, its employees, agents, consultants and cooperating parties, the right and privilege to enter the property, Parcel PIN 0765077116, being +/- .95 acres as more particularly shown on Exhibit "A" (the "Property") at any reasonable time for the purpose of: Accessing the Crabtree Creek Greenway Project within the parcel listed below for the purpose of environmental regulatory agency review (US Army Corps of Engineers, NC Division of Water Quality, NC Division of Coastal Management, US Fish and Wildlife Service, local Municipalities, etc.) and approvals (i.e. wetland delineation, stream/buffer determination, environmental permitting, etc.) at the request of the contract purchaser. This privilege to enter is subject to the following provisions and conditions: 1. The term of this permit shall be for 90 days from the date of execution. This term may be extended subject to mutual agreement of the parties. 2. In conducting the above activities, the Permit Holder, its contractors, agents or employees agree to exercise reasonable care in order to minimize physical damage to the Property. 3. This Right of Entry is not assignable. 4. The Permit Holder shall be responsible for i) any personal injury/death occurring on the Property and ii) any damage to the Property or fixtures on the Property (other than normal wear and tear and standard industry use) caused by Permit Holder or any contractors, subcontractors, and other designees of Permit Holder while on the Property. In the event of Property damage, the Permit Holder agrees to restore the Property to its condition existing prior to said damage. 5. insurance Requirements: maintain all insurance required by Town of Cary to perform the work described above. 6. This Right of Entry does not bind the Landowner to financial responsibility for services rendered on the Property by Permit Holder or any contractors, subcontractors, and other designees of Permit Holder and shall not subject the Property to any claimed liens. IN WITNESS WHEREOF, the parties have executed this agreement as of the above stated date. LANDOWNER Wake Ccz- By: Mark Forestieri Director, Facilities Design & Construction P.O. Box 550, Raleigh, NC 27602 Telephone: 919-856-6350 Email: mibrestieri a. w:ikeEkv.corn PERMIT HOLDER Withers & ve el Ipc. By: Name: Arhaldc., Ecle varriq Title: pry:c.t+ M inc-eg-e,✓ Address:115 MacKenan Dr, Cary, NC 27511 Telephone: Email: ■■ WithersRavenel WOOur People. Your Success. NCDWR Pre -Filing Meeting Request Email From: Trone, Rick To: Cohn, Colleen M Cc: Lastinger, James C CIV USARMY CESAW (USA) Subject: Crabtree Creek Greenway Connector Pre -Filing Meeting Request (WR# 02180750.10) Date: Thursday, April 14, 2022 11:18:00 AM Attachments: 20220405 CrabtreeCreek ImpactMaps CheckSet Binder.pdf Aerial.pdf Project Vicinity Exhibit.pdf NCDWR Crabtree Creek Greenway Connector NBRRO#20-070 04.22.2020.pdf Importance: High Hi Colleen, Please accept this email as our request for a pre -filing meeting for the subject project. I would like to submit a Pre -filing Notice for the following: Project Name: Crabtree Creek Greenway Connector Project Owner: Town of Cary Project Owner's Name/Address/Contact Information: Jamie Bissonnette-Project Manager, PO BOX 8005, Cary, NC 27512, 919-380-2760, Jamie.bissonnette@townofcary.org Project County: Wake Type of project/Approval Sought: NWP 14/GC4246 Please see attached documents. Please let me know if you have any questions or need further information. Thank you, Rick Trone Permitting Specialist 115 MacKenan Drive I Cary, NC 27511 Office: 919.469.3340 I Direct: 919.538.8184 rtroneCMwithercravenel.com CONFIDENTIALITY AND NONDISCLOSURE el WithersRavenel Our People. Your Success. Project Vicinity Exhibit GRAPHIC SCALE 0 1000 2000 1 inch = 2000 ft. CRABTREE CREEK GREENWAY CONNECTOR ARY WAKE COUNTY NORTH CAROLINA PROJECT VICINITY EXHIBIT '/DUBLIN'WOODS•DR 1!WithersRavenel Engineers Planners Surveyors ■■ WithersRavenel .. Our People. Your Success. Aerial Exhibit 8 9� 9 0 8 CRABTREE GRENWAY CONNECTOR CITY COUNTY NORTH CAROLINA AERIAL (2017) WithersRavenel mu pp Engineers Planners Surveyors ■■ WithersRavenel .. Our People. Your Success. USGS Quad 4 8 8 I MIS CRABTREE GRENWAY CONNECTOR CITY COUNTY NORTH CAROLINA 1 141 ‘L USGS (2019) - CARY GRAPHIC SCALE 0 200 400 1 inch = 400 ft. fl \: ter f \ \ i WithersRavenel mu pp Engineers Planners Surveyors ■■ WithersRavenel .. Our People. Your Success. Wake County Soil Survey i 3 Streams\CAD\PCN K:\18\18-0750\180759.1D— CRABTREE GRENWAY CONNECTOR CITY COUNTY NORTH CAROLINA olkT REVIEW AREA WAKE CO. SOIL SURVEY (1970) - SHEET 36 GRAPHIC SCALE 0 200 400 1 inch = 400 ft. jilt WithersRavenel 1/ Engineers I Planners I Surveyors ■■ WithersRavenel .. Our People. Your Success. Delineation Exhibit :ol Fkl - PoCCi, ALYSSA K:\18\18-0750\180759-Cobb Cnsk Grey Cosn.clw\WUosds-Sbwms\CAD\dD Ex111b1ls.d*9- 7bwsdoy, Fs 1 inch = 100 ft. NOTES: 1) DELINEATION PERFORMED BY WR ON 06/21/2019. 2) WETLAND/STREAM LOCATIONS ARE APPROXIMATE, BASED ON GPS LOCATION, WAKE CO. GIS DATA AND TOPOGRAPHIC INTERPRETATION. CRABTREE CREEK GREENWAY CONNECTOR CARY WAKE COUNTY NORTH CAROLINA WETLAND DELINEATION EXHIBIT WithersRavenel 1/ Engineers Planners Surveyors ■■ WithersRavenel .. Our People. Your Success. UT to Swift Creek Permittee Responsible Stream Restoration Site Credit Ledger SITE 4,184 UT to Swift Creek MITIGATION SAW-2011-00874 Stream Credit Ledger Total Potential Credits: Date Transaction/Project Credits (+) Debits (-) Credit Balance 1/21/2011 Credit Release #1 (15%) - mitigation plan 627.6 627.6 4/16/2004 Maynard Road Widening (#2003- 20636/2004-20772/2004-20873) 349 278.E 1/21/2011 Higgins Greenway Culvert (Statutory) 198 80.6 11/1/2012 Credit Release #2 (10%) - construction 418.4 499 11/1/2014 Potential Credit Release #3 (20%) - Year 1 (2013) 836.8 1335.8 11/1/2015 Credit Release #4 (10%) - Year 2 (2014) 418.4 1754.2 1/6/2016 Crabtree Creek Greenway (#2014-01454) 344 1410.2 5/15/2017 Chatham Pointe 263 1147.2 Date Transaction/Project Credits (+) Debits (-) Credit Balance 10/13/2017 Credit Release #4 (10%) - Year 3 (2015) 418.4 1565.6 10/13/2017 Credit Release #5 (10%) - Year 4 (2016) 418.4 1984 Potential Final Credit Release #5 (25%) - Year 5 (2017) 1,046 el WithersRavenel Our People. Your Success. U SAC E PJD Requestor: Address: Telephone Number: E-mail: Size (acres) Nearest Waterway USGS HUC U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2020-00431 County: Wake U.S.G.S. Quad: NC- Cary NOTIFICATION OF JURISDICTIONAL DETERMINATION WitherRavenel Alyssa Ricci 115 Mackenan Drive Cary, NC 27523 919-215-8619 aricci(a,withersravenel. co m 1.9 Nearest Town Cary Crabtree Creek River Basin Neuse 03020201 Coordinates Latitude: 35.8295 Longitude: -78.7950 Location description: The project area is approximately 1.9 acres located adjacent to Weston Parkway, near the town of Carv, Wake County, North Carolina. Indicate Which of the Following Apply: A. Preliminary Determination There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 2/27/2020. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. ❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. ❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once SAW-2020-00431 verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. ❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact James Lastin2er at 919-554-4884 ext 32 or James.C.Lastin2er(ausace.armv.mil. C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination form dated 04/21/2020. D. Remarks: None. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Phillip Shannin, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by Not applicable. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: Date of JD: 04/21/2020 Expiration Date of JD: Not applicable SAW-2020-00431 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cmapex/f?p=136:4:0 Copy fumished: Owners: Facilities Design & Construction Attn: Mark Forestieri Wake County (Wake Co PIN: 0765077116) Wake County Attorney's Office PO Box 550 Raleigh NC 27602 (919) 856-6350 m fo res tie ri(awa kegov. co m Weston Property Owners Association Inc (Wake Co PIN: 0765161551 & 0765152804) Attn: Michele Lowery 3100 Smoketree Court, Suite 600 Raleigh NC 27604 (919) 875-6608 Michele.lowery(a,highwoods.com PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 04/21/2020 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: WitherRavenel, Alyssa Ricci, 115 Mackenan Drive, Cary, NC 27523 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Crabtree Creek Greenwy Connector, SAW-2020-00431 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The project area is approximately 1.9 acres located adjacent to Weston Parkway, near the town of Cary, Wake County, North Carolina. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Wake City: Cary Center coordinates of site (lat/long in degree decimal format): Latitude: 35.8295 Longitude: -78.7950 Universal Transverse Mercator: Name of nearest waterbody: Crabtree Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): Z Office (Desk) Determination. Date: April21, 2020 ❑Field Determination. Date(s): TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION Site Number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resources in review area (acreage and linear feet, if applicable Type of aquatic resources (i.e., wetland vs. non -wetland waters) Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404 or Section 10/404) WA 35.8292 -78.7945 0.002 acre Wetland Section 404 S1 35.8292 -78.7946 540 LF Non -wetland Section 404 S2 35.8291 -78.7947 120 LF Non -wetland Section 404 S3 35.8300 -78.7948 100 LF Non -wetland Section 404 1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 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 AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) 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) 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) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (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 PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives 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 AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, 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. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative record and are appropriately cited: ® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: attached and dated 2/27/2020 ® Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets: ® Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ 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: Cary quad ▪ Natural Resources Conservation Service Soil Survey. Citation: Wake County, 1970, sheet 36 ® National wetlands inventory map(s). Cite name- USFWS NWI ❑ State/local wetland inventory map(s): ▪ FEMA/FIRM maps: NC FIRM Maps ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ® Photographs: ® Aerial (Name & Date): NC one maps 2017 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. Signature and date of Regulatory Signature and date of person requesting PJD staff member completing PJD (REQUIRED, unless obtaining the signature is 04/21/2020 impracticable)' 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. :ol Fkl - PoCCi, ALYSSA K:\18\18-0750\180759-Cobb Cnsk Grey Cosn.clw\WUosds-Sbwms\CAD\dD Ex111b1ls.d*9- 7bwsdoy, Fs 1 inch = 100 ft. NOTES: 1) DELINEATION PERFORMED BY WR ON 06/21/2019. 2) WETLAND/STREAM LOCATIONS ARE APPROXIMATE, BASED ON GPS LOCATION, WAKE CO. GIS DATA AND TOPOGRAPHIC INTERPRETATION. CRABTREE CREEK GREENWAY CONNECTOR CARY WAKE COUNTY NORTH CAROLINA WETLAND DELINEATION EXHIBIT WithersRavenel 1/ Engineers Planners Surveyors ■■ WithersRavenel .. Our People. Your Success. NCDWR Buffer Determination Letter ROY COOPER Cnvcrnnr MICHAEL S. REGAN Secretory S. DANIEL SMITH Director Wake County PO Box 550 Raleigh, North Carolina 27602 Weston Property Owners Association 3100 Smoketree Court Raleigh, North Carolina 27604 NORTH CAROLINA Environmental Quality April 22, 2020 Subject: Buffer Determination Letter RRO #20-070 Wake County Determination Type: Buffer Intermittent/Perennial • Neuse (15A NCAC 2B .0233) ❑ Tar -Pamlico (15A NCAC 2B .0259) ❑ Jordan (15A NCAC 2B .0267) (governmental and/or interjurisdictional projects) ❑ Intermittent/Perennial Determination (where local buffer ordinances apply) Project Name: Crabtree Creek Greenway Connector Address/Location: Wake Co PINs: 0765077116, 076516155 & 0765152804 Stream(s): UT to Crabtree Creek Determination Date: 04/17/2020 Staff: Erin Deck Stream E/I/P * Not Subject Subject Start@ StopR Soil Survey USGS Topo A X Throughout X X B X Throughout X C X Throughout X D X Throughout X E X - X Ephemera/ Interniittent:Perennurl (1) E=Ephemeral. 1, Intermittent, P -Perennial. NP -.Vot Present, N, l =, of applicable (2) Refers to riparian buffer rules only. Stream, wetland, or pond impacts may still be subject to applicable water quality standards and permitting requirements. Explanation: The features(s) listed above has been Located on the most recent published NRCS Soil Survey of Wake County, North Carolina and/or the most recent copy of the USGS Topographic map at a 1:24,000 scale. Each feature that is checked "Not Subject" has been r..perswMcr t'sPIPmarrt Ovstrk\ North Carol na Department of Envirumicntal Quality Division of Water Resources Raleigh Regional Office 38O0 !Barrett Dr rye Raleigh, Nor th Carolina 21609 910 791.1'O0 Crabtree Creek Greenway Connector Wake County 04 17 2020 Page 2 of 3 determined to not be at least intermittent or is not present. Streams that are checked "Subject" have been located on the property and possess characteristics that qualify it to be at least an intermittent stream. There may be other features located on the property that do not show up on the maps referenced above but may be considered jurisdictional according to the US Army Corps of Engineers. This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWR may request a determination by the Director. An appeal request must be made within sixty (60) days of date of this letter. A request for a determination by the Director shall be referred to the Director in writing. If sending via US Postal Service: c/o Paul Wojoski; DWR — 401 & Buffer Permitting Unit; 1617 Mail Service Center; Raleigh, NC 27699-1617. If sending via delivery service (UPS, FedEx, etc.): Paul Wojoski; DWR — 401 & Buffer Permitting Unit; 512 N. Salisbury Street; Raleigh, NC 27604. This determination is final and binding unless, as detailed above, an appeal is requested within sixty (60) days. This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be directed to the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-554-4884. If you have questions regarding this determination, please feel free to contact Erin Deck at (919) 791-4200, or by email at Erin.Deck@ncdenr.gov Sincerely, Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ cc: RRO DWR File Copy Alyssa Ricci via email: aricci:awithersravenel.com �1.01-htion.11117nMerable 6w. 44 •rIM Y+Md�.4GC.p c++Y.r.- - - . I6 sue vas... - Imo Isvaz' aam in ......0 41:1 ra ...wro-1Claei ,74C-#16.li4-. ■■ WithersRavenel .. Our People. Your Success. Previous Phase II NWP 14 and NCDWR 401 WQC & Buffer Authorization U.S. ARMY CORPS OF ENGINEERS COPY WILMINGTON DISTRICT Action Id. SAW-2014-01454 County: Wake U.S.G.S. Quad: NC-CARY GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Address: Telephone Number: Size (acres) Nearest Waterway USGS HUC Town of Cary Paul Kuhn Post Office Box 8005 Cary, North Carolina, 27512 919-469-4360 <1 Nearest Town Cary Crabtree Creek River Basin Upper Neuse 03020201 Coordinates Latitude: 35.8308 Longitude: -78.7990 Location description: The proiect area is located an the southern side of Lake Crabtree between Evans Road and Black Creek. Description of projects area and activity: This verification authorizes the placement of fill material 44 linear feet of stream to facilitate the construction of Phase II of the Crabtree Creek Greenway recreational trail. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Nationwide Permit Number: 14 Linear Transportation Projects SEE ATTACHED RGP or NWP GENERAL AND REGIONAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed Conditions, your application signed and dated May 7, 2015, and the enclosed plans Sheets WE-0 and WE-1 dated March 31, 2015. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Morehead City, NC, at (252) 808-2808. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact David Shaeffer at 919-554-4884 X31 or David.L.Shaefferu{ },usace.armv.mii. Corps Regulatory Official: ��- Expiration Date of Verification. 2017 Date: 6/26/2015 SAW-2014-01454 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our customer Satisfaction Survey online at http://regulatory.usacesurvey.com/. Copy furnished: Agent: Withers & Ravenel, Inc. Troy Beasley Address: 1410 Common Wealth Drive Suite I01 Wilmington, NC, 28403 Telephone Number: 910-256-9277 SAW-2014-01454 SPECIAL CONDITIONS 1. In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby incorporated as special conditions of this permit authorization. 2. This USACE permit does not authorize you to take a threatened or endangered species, in particular, the Northern Long-eared Bat (NLEB) (Myotis septentrionalis). In order to legally take a listed species, you must have separate authorization under the Endangered Species Act (ESA) (e.g., a Biological Opinion (BO) under the ESA, Section 7, with "incidental take" provisions with which you must comply). The U.S. Fish and Wildlife Service's (USFWS's) Programmatic BO titled "Northern Long-eared Bat (NLEB) Programmatic Biological Opinion for North Carolina Department of Transportation (NCDOT) Activities in Eastern North Carolina (Divisions 1-8)," dated March 25, 2015, and adopted on April 10, 2015, contains mandatory terms and conditions to implement the reasonable and prudent measures that are associated with "incidental take" that are specified in the BO. Your authorization under this USACE permit is conditioned upon your compliance with all the mandatory terms and conditions (incorporated by reference into this permit) associated with incidental take of the BO. Failure to comply with the terms and conditions associated with incidental take of the BO, where a take of the listed species occurs, would constitute an unauthorized take, and would also constitute non-compliance with your USACE permit. The USFWS is the appropriate authority to determine compliance with the terms and conditions of its BO and with the ESA. s g E 0 No. Revision Dale By 11nI,nee Drawn By W8R PAP Scale. Dale 1p_1.-1. Checked By WAR OE156290.00 Cary ea CRABTREE CREEK GREENWAY PHASE 1 Wake County North Carolina EXHIBIT 1 GRAPHIC SCALE 500 li 250 500 PHASE 1000 1 inch = 500 ft. WETLAND AND STREAM IMPACT MAPS OVERALL ALIGNMENT AND INDEX i1 WETLANDS — PERMANENT IMPACTS — TEMPORARY IMPACTS — STREAM IMPACTS: PERMANENT CHANNEL — PERMANENT AREA — TEMPORARY CHANNEL — TEMPORARY AREA RECEIVEC MAY 11 2015 RALEIGH REGULATORY FIELD OFFICE LEGEND ►*r*r�wfrrr4 T•4_sasa.s� 4 0.' — 0 SF (0 AC) — 0 SF (0 AC) — 44 LF — 179 SF O LF O SF WITHERS Sr RAVENEL ENGINEERS I PLANNERS I SURVEYORS 115 MacKcoan Orive Cary, North Carolina 27511 1e1: 919469-3350 fa. 919-167L000 www.wilhm,4vencl com 5heet No. WE-0 *edam] one Slr.ame.eeg— Tuesday, March 31, 2015 4:0120 PM — PETER50N, PATRICK K:\13\13-0240\130240—Crabtree Creek Gs/enemy \CAD\Impact Mapn\Impact No. Rl•1ISion naio By / n ` N WETLANDS — PERMANENT IMPACTS — TEMPORARY IMPACTS — STREAM IMPACTS: PERMANENT CHANNEL — PERMANENT AREA — TEMPORARY CHANNEL — TEMPORARY AREA — 1 LEGEND * N. ti PROPOSED GREENWAY TRAIL — 0 SF (0 AC) — 0 SF (0 AC) — 44 LF — 179 SF - 0 LF — 0 SF -, 7 IMPACT # 1 PERMANENT STREAM IMPACT 44 LF/179 SO. FT • 11 ZOE Ar are fly• f �® �' STREAM TO BE CROSSED USING A PEDESTRIAN BRIDGE TO AVOID STREAM IMPACTS. SEE TYPICAL PEDESTRIAN BRIDGE DETAIL PROPOSED 26 LF OF 24" RCP PERMANENT LIMITS OF : • : DISTURBANCE OPY --z Z GRAPHIC SCALE 50 0 25 50 100 1 inch = 50 ft. ow,rp.l Lawn it berf *IdR PAP Su4 A4 §MpMH der 3/1/IS wh otlwzaum Cary CRABTREE CREEK GREENWAY PHASE 2 Wake C:oun1 North Carolina WETLAND AND STREAM IMPACTS EXHIBIT 1 J WITHERS ccrRAVENEL ENGINEERS 1 PLANNERS I SURVEYORS 115 M*Kenan Drive Cary, North Carolina 27511 m1: 919-169-3390 lac 919467.009 www wilhorsavencl cum Shvei No WE-1 PAT MCCRORY Governor Water Resources ENVIRONMENTAL QUALITY January 7, 2016 DONALD R. VAN DER VAART Secretary S. JAY ZIMMERMAN Director DWR #15-0466 v.2 Wake County Town of Cary Attn: Paul Kuhn, Parks Planning Manager P.O. Box 8005 Cary, NC 27512-8005 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS AUTHORIZATION CERTIFICATE PER THE NEUSE RIVER BASIN RIPARIAN BUFFER PROTECTION RULES (15A NCAC 02B .0233) WITH ADDITIONAL CONDITIONS Crabtree Creek Greenway Phase II Dear Mr. Kuhn: You have our approval for the impacts listed below for the purpose described in your application dated May 7, 2015 and received by the Division of Water Resources (Division) on May 11, 2015 with additional information received on January 6, 2016. These impacts are covered by the attached Water Quality General Certification Number 3886 and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 14 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This 401 Water Quality Certification and Authorization Certificate for DWR #15-0466 v.2 do not replace the 401 Water Quality Certification and Authorization Certificate for DWR #15-0466. This approval requires you to follow the conditions listed in the enclosed certification and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification and Buffer Rules are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B .0506(b)(c) and 15A NCAC 02B .0233(8)] Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http://portal.ncdenr.org/web/wq/aps 1628 Mail Service Center, Raleigh, NC 27699-1628 Phone: (919) 791-4200 Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: (919) 788-7159 Type of Impact Stream Crabtree Creek GW Phase II DWR #15-0466 v.2 401 AND BUFFER APPROVAL Page 2 of 4 Amount Approved (units) Permanent Amount Approved (units) Temporary 44 (linear feet) 0 (linear feet) Buffers — Zone 1 7,009 (square feet) 0 (square feet) Buffers — Zone 2 7,446 (square feet) 0 (square feet) 2. Diffuse Flow All stormwater must be directed and maintained as diffuse flow at non -erosive velocities through the protected stream buffers such that it will not re -concentrate before discharging into a stream. [15A NCAC 02H .0506(b)(5)] 3. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre -Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. [15A NCAC 02H .0501 and .0502] 4. Protective Fencing The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15 NCAC 02H .0500. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)] 5. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification and Buffer Authorization. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions. [15A NCAC 02B .0507(d)(2)] 6. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification and Buffer Authorization can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Crabtree Creek GW Phase II DWR #15-0466 v.2 401 AND BUFFER APPROVAL Page 3 of 4 Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncaah.cem/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within thirty (30) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending by First Class Mail via the US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (e.g. UPS, FedEx): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: Sam Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 Please send one (1) copy of the petition to DWR: If sending by First Class Mail via the US Postal Service: Karen Higgins NC DENR-DWR — 401 & Buffer Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 If sending via delivery service (e.g. UPS, FedEx): Karen Higgins NC DENR-DWR — 401 & Buffer Permitting Unit 512 N. Salisbury Street Raleigh, NC 27604 Crabtree Creek GW Phase II DWR #15-0466 v.2 401 AND BUFFER APPROVAL Page 4of4 This letter completes the review of the Division under section 401 of the Clean Water Act and the Neuse Riparian Buffer Rules as described in 15A NCAC 02B .0233. Please contact Cherri Smith at 919-791-4251 or cherri.smith@ncdenr.gov if you have any questions or concerns. -.1 Sincerely, Danny Smit Supervisor, Water Quality Regional Operations Section Enclosure: GC 3886 cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office; 3331 Heritage Trade Dr., Ste. 105; Wake Forest, NC 27597 Troy Beasley; Withers & Ravenel; 1410 Commonwealth Dr., Ste. 101; Wilmington, NC 28403 DWR RRO 401/Riparian Buffer file DWR 401 & Buffer Permitting Unit 1444040Niwi ' * t ti� :�� `! taw WETLANDS — PERMANENT IMPACTS — TEMPORARY IMPACTS — STREAM IMPACTS: PERMANENT CHANNEL — PERMANENT AREA — TEMPORARY CHANNEL — TEMPORARY AREA — AA A L I — O SF (O AC) — O SF (O AC) — 44 LF — 179 SF — 0 LF — 0 SF STREAM TO BE CROSSED USING A PEDESTRIAN BRIDGE TO AVOID STREAM IMPACTS. SEE TYPICAL PEDESTRIAN BRIDGE DETAIL IMPACT #1 PERMANENT STREAM IMPACT 44 LF/179 SQ. FT 50 mmmmmi-Z - GRAPHIC SCALE 0 25 50 100 1 inch = 50 ft. No. Revision Date Drsittnrr W&R calp AS SOWN D1,, By t 15, k(,d By PAP W&R 3/2/15 inh No 021302A0.00 Cary CRABTREE CREEK GREENWAY PHASE 2 Wake County North Carolina WETLAND AND STREAM IMPACTS EXHIBIT 1 WITHERS & RAVENEL ENGINEERS I PLANNERS I SURVEYORS 115 htacKenan Drive Cary, \orth Carolina -511 te1: 915-46,3340 fax: 919,5,000 wwwBvithersraveiiel.corn Shur\n_ WE-1 2015 •:10:08 PY - PETERSON, PA ZONE 1 PERMANENT 40,0 • k$ LEGEND 7,009 SF (0.161) ZONE 1 TEMPORARY i NONE EX. TOP OF BANK /1/1- ZONE 2 PERMANENT ZONE 2 TEMPORARY 7,446 SF (0.171) NONE ZONE 1 PERMANENT IMPACTED AREA: 7,009 SQ. FT. LIMITS OF DISTURBANCE 50 �Z GRAPHIC SCALE 0 25 50 100 1 inch = 50 ft. No. Revision Date Drsignor WtR AS SROWN t 15, k(,d By PAP W&R 3/26/15 Inh No. 02130240.00 Cary CRABTREE CREEK GREENWAY PHASE 2 Wake County North Carolina RIPARIAN BUFFER IMPACT EXHIBIT 1 WITHERS & RAVENEL ENGINEERS I PLANNERS I SURVEYORS 115 51331, 130 Drive Cary, \orth Carolina -511 te1: 919-469-3340 fax: 919-46%6000 3,333333,ttersravenel.corn ■■ WithersRavenel .. Our People. Your Success. USFWS IPaC Species List IPaC U.S. Fish & Wildlife Service IPaC resource list This report is an automatically generated list of species and other resources such as critical habitat (collectively referred to as trust resources) under the U.S. Fish and Wildlife Service's (USFWS) jurisdiction that are known or expected to be on or near the project area referenced below. The list may also include trust resources that occur outside of the project area, but that could potentially be directly or indirectly affected by activities in the project area. However, determining the likelihood and extent of effects a project may have on trust resources typically requires gathering additional site -specific (e.g., vegetation/species surveys) and project -specific (e.g., magnitude and timing of proposed activities) information. Appolk * Below is a summary of the project information you provided and contact information for the USFWS office(s) with jurisdiction in the defined project area. Please read the introduction to each section that follows (Endangered Species, Migratory Birds, USFWS Facilities, and NWI Wetlands) for additional information applicable to the trust resources addressed in that section. Location Wake County, North Carolina G Local office Raleigh Ecological Services Field Office t. (919) 856-4520 I (919) 856-4556 MAILING ADDRESS Post Office Box 33726 Raleigh, NC 27636-3726 PHYSICAL ADDRESS 551 Pylon Drive, Suite F Raleigh, NC 27606-1487 4)° Endangered species This resource list is for informational purposes only and does not constitute an analysis of project level impacts. The primary information used to generate this list is the known or expected range of each species. Additional areas of influence (AOI) for species are also considered. An AOI includes areas outside of the species range if the species could be indirectly affected by activities in that area (e.g., placing a dam upstream of a fish population even if that fish does not occur at the dam site, may indirectly impact the species by reducing or eliminating water flow downstream). Because species can move, and site conditions can change, the species on this list are not guaranteed to be found on or near the project area. To fully determine any potential effects to species, additional site -specific and project -specific information is often required. Section 7 of the Endangered Species Act requires Federal agencies to "request of the Secretary information whether any species which is listed or proposed to be listed may be present in the area of such proposed action" for any project that is conducted, permitted, funded, or licensed by any Federal agency. A letter from the local office and a species list which fulfills this requirement can only be obtained by requesting an official species list from either the Regulatory Review section in IPaC (see directions below) or from the local field office directly. For project evaluations that require USFWS concurrence/review, please return to the IPaC website and request an official species list by doing the following: 1. Draw the project location and click CONTINUE. 2. Click DEFINE PROJECT. 3. Login (if directed to do so). 4. Provide a name and description for your project. 5. Click REQUEST SPECIES LIST. Listed species' and their critical habitats are managed by the Ecological Services Program of the U.S. Fish and Wildlife Service (USFWS) and the fisheries division of the National Oceanic and Atmospheric Administration (NOAA Fisheries). Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown on this list. Please contact NOAA Fisheries for species under their jurisdiction. 1. Species listed under the Endangered Species Act are threatened or endangered; IPaC also shows species that are candidates, or proposed, for listing. See the listing status page for more information. IPaC only shows species that are regulated by USFWS (see FAQ). 2. 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. The following species are potentially affected by activities in this location: Birds NAME STATUS Red -cockaded Woodpecker Picoides borealis Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/7614 Amphibians Endangered NAME STATUS Neuse River Waterdog Necturus lewisi Wherever found There is final critical habitat for this species. The location of the critical habitat is not available. https://ecos.fws.govfec p/spec ies/6772 Fishes NAME Threatened Oc\O STATUS t>04o Carolina Madtom Noturus furiosus Endangered Wherever found A There is final critical habitat for this species. The location of the - critical habitat is not available. https://ecos.fws.gov/ecp/specres/528 Clams NAM ■ STATUS Atlantic Pigtoe Fusconaia masoni Wherever found There is final critical habitat for this species. The location of the critical habitat is not available. https://ecos.fws.gov/ecp/spec ies/5164 Dwarf Wedgemussel Alasmidonta heterodon Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/784 Insects Threatened Endangered NAME STATUS Monarch Butterfly Danaus plexippus Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/9743 Candidate Flowering Plants NAME Michaux's Sumac Rhus michauxii Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/5217 Critical habitats STATUS Endangered Potential effects to critical habitat(s) in this location must be analyzed along with the endangered species themselves. THERE ARE NO CRITICAL HABITATS AT THIS LOCATION. Migratory birds Certain birds are protected under the Migratory Bird Treaty Act.'and the Bald and Golden Eagle Protection Acts. Ite•ft,%*inio Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. Additional information can be found using the following links: • Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species) b irds-of-conservati on -concern. php • Measures for avoiding and minimizing impacts to birds http://www.fws.gov/birds/management/project-assessment-tools-and-guidance/ conservation-measures.php • Nationwide conservation measures for birds http://www.fws.gov/migratorybirds/pdf/management/nationwidestandardconservationmeasures.pdf The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. NAME Bald Eagle Haliaeetus leucocephalus This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https://ecos.fws.govlecp/species11626 Prairie Warbler Dendroica discolor This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Prothonotary Warbler Protonotaria citrea This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Red-headed Woodpecker Melanerpes erythrocephalus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Rusty Blackbird Euphagus carolinus This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA BREEDING SEASON (IF A BREEDING SEASON IS INDICATED FORA BIRD ON YOUR LIST, THE BIRD MAY BREED IN YOUR PROJECT AREA SOMETIME WITHIN THE TIMEFRAME SPECIFIED, WHICH ISAVERY LIBERAL ESTIMATE OF THE DATES INSIDE WHICH THE BIRD BREEDS ACROSS ITS ENTIRE RANGE. 'BREEDS ELSEWHERE' INDICATES THAT THE BIRD DOES NOT LIKELY BREED IN YOUR PROJECT AREA.) Breeds Sep 1 to Jul 31 Breeds May 1 to Jul 31 Breeds Apr 1 to Jul 31 Breeds May 10 to Sep 10 Breeds elsewhere Wood Thrush Hylocichla mustelina This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Breeds May 10 to Aug 31 Probability of Presence Summary The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence ( ) Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. - r How is the probability of presence score calculated? The calculation is done in three steps: 1. The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. To see a bar's probability of presence score, simply hover your mouse cursor over the bar. Breeding Season ( ) Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort ( ) Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. To see a bar's survey effort range, simply hover your mouse cursor over the bar. No Data ( ) A week is marked as having no data if there were no survey events for that week. Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. probability of presence breeding season survey effort - no data SPECIES JAN FEB MAR APR ITAY JUN JUL AUG SEP OCT NOV DEC Bald Eagle 1111 !III 1111 1111 1111 +++1 1+1+ 1111 1111 1111 1111 1111 Non -BCC �� ... .... .�� Vulnerable (This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities.) Prairie Warbler BCC Rangewide (CON) (This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.) Prothonotary Warbler BCC Rangewide (CON) (This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.) I-+++ ++++ ++++ +III _ I-! +41,L I i- ++++ 1111 II++ ++++ ++++ 1.•+ ++++ ++++ 1111 1111 1111 1111 ++++ ++++ ++++ ++++ ++++ Red-headed Woodpecker BCC Rangewide (CON) (This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska) 1111 1111 mu 1+11 111+ 111! ! ! 1111 1111 1111 1111 111+ Rusty Blackbird 11+1 +111 0+11 ++1+ ++++ ++++ ++++ ++++ ++++ +++1 +10 1+1+ BCC - BCR (This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA) Wood Thrush BCC Rangewide (CON) (This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.) ++++ ++++ ++++ +111 ++++ ++111111 ++++ ++++ \.\f esft 14) Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the migratory birds potentially occurring in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the AKN Phenology Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets . Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering, migrating or present year-round in my project area? To see what part of a particular bird's range your project area fails within (i.e. breeding, wintering, migrating or year-round), you may refer to the following resources: The Cornell Lab of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 2. "BCC - BCR" lairds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component, if the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. Facilities National Wildlife Refuge lands Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. THERE ARE NO REFUGE LANDS AT THIS LOCATION. Fish hatcheries THERE ARE NO FISH HATCHERIES AT THIS LOCATION. Wetlands in the National Wetlands Inventory Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District. Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site. This location overlaps the following wetlands: FRESHWATER FORESTED/SHRUB WETLAND PFO1A A full description for each wetland code can be found at the National Wetlands Inventory website Data limitations lk488411\111 The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level information on the location, type and size of these resources. The maps are prepared from the analysis of high altitude imagery. Wetlands are identified based on vegetation, visible hydrology and geography. A margin of error is inherent in the use of imagery; thus, detailed on -the -ground inspection of any particular site may result in revision of the wetland boundaries or classification established through image analysis. The accuracy of image interpretation depends on the quality of the imagery, the experience of the image analysts, the amount and quality of the collateral data and the amount of ground truth verification work conducted. Metadata should be consulted to determine the date of the source imagery used and any mapping problems. wetlands or other mapped features may have changed since the date of the imagery or field work. There may be occasional differences in polygon boundaries or classifications between the information depicted on the map and the actual conditions on site. Data exclusions Nk•gL Certain wetland habitats are excluded from the National mapping program because of the limitations of aerial imagery as the primary data source used to detect wetlands. These habitats include seagrasses or submerged aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and nearshore coastal waters. Some deepwater reef communities (coral or tuberficid worm reefs) have also been excluded from the inventory. These habitats, because of their depth, go undetected by aerial imagery. Data precautions Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and describe wetlands in a different manner than that used in this inventory. There is no attempt, in either the design or products of this inventory, to define the limits of proprietary jurisdiction of any Federal, state, or local government or to establish the geographical scope of the regulatory programs of government agencies. Persons intending to engage in activities involving modifications within or adjacent to wetland areas should seek the advice of appropriate federal, state, or local agencies concerning specified agency regulatory programs and proprietary jurisdictions that may affect such activities. ■■ WithersRavenel WOOur People. Your Success. NCN H P Project Review Report ■Mr'S' NC DEPARTMENT OF :p' NATURAL AND CULTURAL RESOURCES AI... February 18, 2022 Troy Beasley Withers & Ravenel 115 MacKenan Drive Cary, NC 27511 RE: Crabtree Creek GW Connector: 02180759.10 Dear Troy Beasley: Roy Cooper, Governor D. Reid Wilson, Secretary Misty Buchanan Deputy Directtrr, Natural Heritage Program NCNHDE-17220 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database indicates that there are records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. These results are presented in the attached `Documented Occurrences' tables and map. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is documented within the project area or indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or an occurrence of a Federally -listed species is documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rodney.butler@ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL. AND CULTURAL RESOURCES 4) 121 W. JONES STREET, RALEiGh 1_ NC 27603 • 1651 MAIL SERVICE CENTER. RALEIGH. NC 27699 OFC V19 707.9120 • FAX 919.707.9121 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area Crabtree Creek GW Connector Project No. 02180759.10 February 18, 2022 NCNHDE-17220 No Element Occurrences are Documented within the Project Area There are no documented element occurrences (of medium to very high accuracy) that intersect with the project area. Please note, however, that although the NCNHP database does not show records for rare species within the project area, it does not necessarily mean that they are not present; it may simply mean that the area has not been surveyed. The use of Natural Heritage Program data should not be substituted for actual field surveys if needed, particularly if the project area contains suitable habitat for rare species. If rare species are found, the NCNHP would appreciate receiving this information so that we may update our database. No Natural Areas are Documented within the Project Area Managed Areas Documented Within Project Area* Managed Area Name IP6wner Wake County Open Space - Crabtree Creek Wake County Mitigation Project Owner Type Local Government NOTE: If the proposed project intersects with a conservation/managed area, please contact the landowner directly for additional information. If the project intersects with a Dedicated Nature Preserve (DNP), Registered Natural Heritage Area (RHA), or Federally -listed species, NCNHP staff may provide additional correspondence regarding the project. Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.ora/help. Data query generated on February 18, 2022; source: NCNHP, Q4, January 2022. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 5 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area Crabtree Creek GW Connector Project No. 02180759.10 February 18, 2022 NCNHDE-17220 Element Occurrences Documented Within a One -mile Radius of the Project Area Taxonomic EO ID Scientific Name Common Name Group Amphibian 19862 Dragonfly or 32043 Damselfly Freshwater Fish32571 Reptile 39357 Vascular Plant 3645 Vascular Plant 3633 Hemidactylium scutatum Coryphaeschna ingens Regal Darner Four -toed Salamander Notropis volucellus Mimic Shiner Ophisaurus attenuatus Slender Glass Lizard Cirsium carolinianum Carolina Thistle Dichanthelium Ringed Witch Grass annulum Observation Date 2002-11-07 2004-Pre 1980-04-24 1964-10-24 1950-05-21 1937-06-01 Natural Areas Documented Within a One -mile Radius of the Project Area Site Name Representational Rating NEU/Crabtree Creek Aquatic Habitat R5 (General) Element Occurrence Rank E Managed Areas Documented Within a One -mile Radius of the Project Area Managed Area Nam wn liillr— NC Department of Transportation Mitigation Site NC Department of Transportation Town of Cary Greenway - Black Creek Greenway Town of Cary Town of Cary Open Space Town of Cary Open Space Town of Cary Open Space - North Cary Park Wake County Open Space - Crabtree Creek Mitigation Project Wake County Open Space - Crabtree Creek Mitigation Project Wake County Open Space - Crabtree Creek Mitigation Project Wake County Open Space - Lake Crabtree County Park Town of Cary Town of Cary Town of Cary Wake County Wake County Wake County Wake County H? 5-Very Low H 3-Medium H 4-Low H H Accuracy Federal State Global Status Status Rank 3-Medium Special G5 Concern Significantly G5 S2? Rare Threatened G5 S2 Significantly G5 S1 Rare 4-Low Endangered G5 S2 4-Low Endangered G4 S1 Collective Rating C4 (Moderate) Owner State Local Government Local Government Local Government Local Government Local Government Local Government Local Government Local Government State Rank 1 S3 Page 3 of 5 Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.ora/help. Data query generated on February 18, 2022; source: NCNHP, Q4, January 2022. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 4 of 5 February 18, 2022 Project Boundary Buffered Project Boundary NHP Natural Area (NHNA) Managed Area (MAREA) NCNHDE-17220: Crabtree Creek GW Connector 9 0 1:21,985 9.175 9.35 5 ti II 0.3 0.6 9.7 mi r I 1 2 km Sources: Esn. HERE, Garmin, Iniermap, inuernenl P Corp.. GEBCO. USGS, FAO. NPS, NRCAN, GeoBase. IGN, Kadaster NI_ Ordnance Survey. Esri Japan. ME-fE_ Esn China (Hong Kong). ic] Opera5lreetMap coninhutors, and the GIS User Community Page 5 of 5 el WithersRavenel Our People. Your Success. Stream Impact Exhibits sets \impaMmaps\Stream_Impact_Maps 100 )UNDATION INC 99 0765170351 REID: 0193170 GRAPHIC SCALE 0 50 100 200 1 inch = 100 ft. a < IMPACT# IMPACT SPECIFICATION OVERALL STREAM IMPACT SUMMARY PERMANENT STREAM IMPACT (FUNCTIONAL LOSS) PERMANENT STREAM IMPACT (NO FUNCTIONAL LOSS) TEMPORARY STREAM IMPACT (LF) (SF) (AC) (LF) (SF) (AC) (LF) (SF) (AC) B S1 DEWATERING - - - - - - 11 173 0.004 S2 CULVERT CROSSING 32 703 0.016 - - - - - - S3 DEWATERING - - - - - - 12 173 0.004 S4 DEWATERING - - - - - - 27 343 0.008 S5 CULVERT CROSSING 30 740 0.017 - - - - - - S6 RIPRAP DISSIPATER - - - 37 574 0.013 - - - S7 DEWATERING - - - - - - 5 90 0.002 C S8 CULVERT CROSSING 59 209 0.005 - - - - - - S9 DEWATERING - - - - - - 6 18 0.000 S10 RIPRAP DISSIPATER - - - 26 124 0.003 - - - TOTALS 121 1652 0.038 63 698 0.016 61 797 0.018 VICINITY MAP 111=10001 LAKE CRABTREE EXISTING CRABTREE CREEK GREENWAY SITE • Centr s,..err way IVP5tol[ Pkwy— EMI Micros. e�. .omorn No. Revision Date By Designer Drawn By Checked By Scale AS NOTED Date 4/5/2022 lob No. 02180759.10 CRABTREE CREEK GREENWAY CONNECTOR CARY WAKE COUNTY NORTH CAROLINA OVERALL STREAM IMPACTS \/ WithersRavenel I/ Engineers I Planners I Surveyors 115 MacKenan Drive I Cary, NC 27511 t: 919.469.33401 license #: C-0832 1 m.withersravenel.com Sheet No A \CAD\drawing sets\impactmaps\Siream_Impact_Maps.dwg— Thursday, April 14. PROPOSED 14' CIRCULAR TUNNEL LINER PLATE PIPE / "ETAIvI G/I \ WALL / �///////�/ // / RISTRAP // // f/l / / /// f/ / / / I / TOP►O /// //M, / �O //////////// / ///////// / / / /// / / /// // / ///� / // //// � / // // I] // / / TOE OF E TING WESTON ///// %�/ / / / . / PARKWAY ETf FILL / / / / / liANK \ � F _ NEUSE RIP RIAN ZONE FFE 1 LIMITS 0 DISTUR ANCE PROPOSED 10' CONCRETE GREENWA /`N, N l IMPACT S4 / LIMIT,S OF / TEMPORAR�' STEAM IMPACT DISTURBANCE \ DEWATERING / / \•/ 27LLF(343SF) XISI`ING </ / MPACT S —TEMPT STREAI(IIMPACT — D�#ATERIN — _ 12LP-1Z2 HW15 „HW12 — ULVERT1 / \CULVERT2 IMPA-GT S2 — 0'`SQ PERMANENT STRE%{M-IMPACN- / (FUNCTI NAL LOSS) 1 HW 13 CULV T CRRNSING /\ �2 LF (703 SF) IMPACT S1 TEMPORARY STREAM IMPACT DEWATERING 11 LF (173) SP' -STREAM 3 INTERMITTENT/ \ L (vIIT�OF DISTURBANCE �286- 86` -STREAM 4 INTERMITTENT IMPACT S5 —EERMANENT STREAM IMPACT (FUNCTIONAL LOSS) < CULVERT CROSSSVG 30 LF (740,_SFy / TOP OF BANK / NEUSE RIPARIAN) ZONE 1 BUFF IMPACT S6 \� i PERMANENT SIRE MIMPACT _ ,� (NOTUNCTIONAL L SS)' / RIPRAP DISSIPATE 37 LF (574 SF) I IMPACT S7 \\TEMPORARY STRE M IMPACT `DEWATERING 1I / 5LF 90 STREAM 2 INTERMITTENT IMPACT LEGEND ■ \\ —\ TOP OF BANK i PERMANENT STREAM IMPACT (FUNCTIONAL LOSS) PERMANENT STREAM IMPACT (NO FUNCTIONAL LOSS) TEMPORARY STREAM IMPACT NEUSE RIPARIN ZONE 1 BUFFER 7- — ‘1 ta. 'n•.�- •y:.:,wEX.4MH :�� .�: 7 EXI-STING 20' TOWN OF CARY SANITARY EWER EASEMENT \ i / \ \// / \ \ PROPOSED10' CONCRETE GREENTY — NEUSE RIPARIAN ZONE 2 BUFFER 30 28> GRAPHIC SCALE 0 15 30 L 60 1 inch = 30 ft. No. Revision Date By Designer Drawn By Checked By Scale AS NOTED Date 4/5/2022 lob No. 02180759.10 CRABTREE CREEK GREENWAY CONNECTOR CARY WAKE COUNTY NORTH CAROLINA STREAM IMPACT MAP \/ WithersRavenel I/ Engineers I Planners I Surveyors 115 MacKenan Drive I Cary, NC 27511 t: 919.469.3340I license #: C-0832 I www.withersravenel.com Sheet No B S E / , \\ \ / � If • IMPACT LEGEND STREA�v12\ / v / l / PERENNIAL \ 2 / /I / NEUSE RIPARIAN LH ZONE 2 BUFFER/ I / / ❑ PERMANENT STREAM IMPACT (FUNCTIONAL LOSS) / i ;Xi I/ — ---/- / _ / \� / /1 / I i 1 — / �� NEUSE RIPARIAN \ \ / I ZONE 1 BUFFER i / / % -'�� I i I PERMANENT STREAM IMPACT (NO FUNCTIONAL LOSS) TOP OF _ / STREAM 2 BANK / j ��— �� INTERMITTENT , �` 1 TEMPORARY STREAM ■ IMPACT / 7 i / \ / / /1/ -- /1 �� NEUSE RIPARIAN _ / —ZONE 1-BUFFER �hAQPACT S10 ' ........_ / /cVcz, PERMANENT STREAM IMPACT ] / I ter/ — — — (NO FUNCTIONAL LOSS) I / • / RIPRAPJSS+PATER / / I / NEUSE RIPARIAN /� I26LF (124 SF) / I `ZONE 2 BUFFER // PROPOSED 10' 1__------ SS / / CONCRETE GREEN Y PERMANENT STREAM IMPACT 1 (FUNCTIONAL LOSS) �� CUOSSING \ ..�; �� I -Ti 59 LF (209 SF) EX. 4' MH 'i' ni;1�:/ �, \ -.I:.IMPACT .1. .11I.•II.:llflf'III'Ift��Ilt�f�'�II�,�I�iff�f��1._f- 11... �� Qs, t / .,11..1..,1.1 ..,.:•IIi f .1111•f 11111.1f1 �•'if1.11f�, JJ _ t�,pqt �t, 11.1.... f111 f'1: ..11...........111..1. •11 .:�,1 .••1�.ite.1___f•1`!`"` ff at'S_S 1`IIe••" ` \ '! �`11'''1 1 war.��IfIf p (+ 11 •.1�•. '..11j11,11111j 1• \ 1 .,111•EX. 8" PVC .1'.. 1 ••,•111:112..1 1.�.tt111.1 11 If•f11.1.'I..f1' ' 1 / f I��f1 •'.•1 •1j111111-, I•4li41 lllgggt•V't• ..I:•111...�• \ f1.1..1..� f ......f1f11.•... ' 4 N �� ..1.11ff......•1f••••••1 .. .. ,; _ •- 1� . �1 ice' I�••• LIMITS OF \ 1.�. 82 \ ....q.•:_;;:%..%,:.'a.. 20' TOWN OF CARY '•.%....................... \ DISTURBANCE •• ._•_.. \ SANITARY SEWER •`•11 • ••1•,.•.1f•,•1.11. ll11 '•!.%'�••1••' •••1 iv EX. PEDESTRIAN 1••I.1.111f1�•1.1 �-� \ EASEMENT \ ��•.. �:1:� �• ��, `I'•'... - `:C;i:.cue ) TRAIL `�........ 1..f. / \ � — � 100' UTB BUFFER \ •" "•" A `'....4111111� / i CJ / I .If1 •i .I. . CULVERTS / / `L� r \ /� \ \ / IMPACTS9 \ 6 LF (18 SF) ' TEMPORARY STREAM IMPACT / DEWATERING �� TO�A1F � \ \ ` t \ INTERMITTENT STREAM 5 BANK \-------f viry \ I Ir 0 100 - YR FLOODPLAIN •I I _ \ I 30 GRAPHIC SCALE 0 15 30 60 1 inch = 30 ft. No. Revision Date By Designer Scale AS NOTED STREAM IMPACT MAP 110 W i Lh e rs Ra ve n e l IM/ Engineers IPlannersISurveyors 115 MacKenan Drive I Cary, NC 27511 t:919.469.3340Ilicense #:C-0832Iwww.withersraveneLcom s1PP=N° C Drawn By Date 4/5/2022 CRABTREE CREEK GREENWAY CONNECTOR Checked By lob No. 02180759.10 CARY WAKE COUNTY NORTH CAROLINA CULVERT 1 - UPSTREAM 295 295 290 290 PPOPOSE9 GRADE EXISTING GRADE 285 \ 285 28.87 LF 48"RCP CL. V @ -1.04% TOP OF BANK 12" EMBE DE Y -0+50 295 0+00 0+50 CULVERT 2 -UPSTREAM 1+00 295 290 1 1 290 PROPOSED GRADE 285 1 285 EX STING \ —27.54 LF GRADE 72" @ 1.31% RCP CL. V 280 TOP OF BANK 280 12 EMBEDDED -0+50 285 280 -0+50 0+00 0+50 CULVERT 3 - UPSTREAM 29.74 LF 18" RCP @ 1.34% EXISTING GRADE TCIP 0 1+00 285 F BA 0+00 NK 1 2" EM P ROP GRA BEI) 0+50 DEC OSE E D 280 1+00 CULVERT 1 - DOWNSTREAM 295 295 290 EXISTING GRADE290 285 7 (-6/ \ PROPOSED GRADE 285 28.87 LF 48"RCP CL. V @ -1.04% 4 I TFP OF BANK 12" EMBEDDED -0+50 295 0+00 0+50 CULVERT 2 - DOWNSTREAM 1+00 295 290 PR POSED GRADE 290 285 1<:\-----, EXISTING _......---------'\ r GRA E I 27.54 LF v 72" RCP CL. V 285 280 TOP OF (RANK @ 1.31% 12"EMBEDDED 280 -0+50 285 280 0+00 0+50 CULVERT 3 - DOWNSTREAM I■ 29.74 LF 18" RCP @ 1.34% EXISTING G"DE 1r"E BEDDED -0+50 0+00 P'OPISE GRADE TOP OF BANK 0+50 1+00 285 280 1+00 SCALE: 1 " = 50' HORIZ. 1 " = 5' V E RT. No. Revision Date By Designer Scale AS NOTED Drawn By Date 4/5/2022 CRABTREE CREEK GREENWAY CONNECTOR CULVERT PROFILE \/ WithersRavenel I/ Engineers I Planners I Surveyors eet No D Checked By lob No. 02180759.10 CARY WAKE COUNTY NORTH CAROLINA 115 MacKenan Drive I Cary, NC 27511 t: 919.469.3340I license #: C-0832 I www.withersravenel.com ■■ WithersRavenel .. Our People. Your Success. Buffer Impact Exhibits sefe\impaMmape\Buffer_ImpoM 100 ION DATION INC .0765170351 REID: 0193170 D.B005 i772 GRAPHIC SCALE 0 50 100 200 1 inch = 100 ft. a a 2 IMPACT# IMPACT SPECIFICATION OVERALL BUFFER IMPACT SUMMARY TEMPORARY IMPACT TEMPORARY IMPACT PERMANENT IMPACT PERMANENT IMPACT ZONE 1 ZONE 2 ZONE 1 ZONE 2 (SF) (AC) (SF) (AC) (SF) (AC) (SF) (AC) F B1 CONCRETE GREENWAY - - - - 2096 0.05 2679.00 0.06 G B2 CONCRETE GREENWAY - - - - 431 0.01 - - B3 CONCRETE GREENWAY - - - - 731 0.02 - - B4 CONCRETE GREENWAY 994 0.02 - - - - - - B5 CONCRETE GREENWAY 2324 0.05 683.00 0.02 - - - - B6 CONCRETE GREENWAY - - - - 3622 0.08 4249.00 0.10 H B7 CONCRETE GREENWAY - - - - 6229 0.14 1529.00 0.04 TOTALS 3318 0.07 683.00 0.02 13109 0.30 8457.00 0.19 VICINITY MAP 111=10001 LAKE CRABTREE EXISTING CRABTREE CREEK GREENWAY stoR p� SITE wl?ttort may_ Microsoft Corporation .2021 Tomiom No. Revision Date By Designer Drawn By Checked By Scale AS NOTED Date 4/5/2022 lob No. 02180759.10 CRABTREE CREEK GREENWAY CONNECTOR CARY WAKE COUNTY NORTH CAROLINA OVERALL BUFFER IMPACTS \/ WithersRavenel I/ Engineers I Planners I Surveyors 115 MacKenan Drive I Cary, NC 27511 t: 919.469.33401 license #: C-0832 1 www.withersravenel.com eet No E sefe\impactmape\Buffer_Impaet IMPACT LEGEND / 1 / /. r--- ��\�� -_-� .j ///// % / / / I /2 / -- / / / 100' UTB BUFFER / 1 /� — \ j� / / / 1 \ / / (1 �/ \/� �� / / \\ PERMANENT ZONE 1 NEUSE RIVER 30' BUFFER \\ \ JI OE OF EXISTING WTON — \ / I / . / \ \ / / / �\ PAR AY ETF FILL . i ) / TI � / / NEU�E RIPAi�i IAN�\ ..***---:•'� �o � / // •/ � /� �`. —\/ ----\. A \ / � � /� \ \ / ZONE 2 BUFF R \• / I./ o / i'a PERMANENT ZONE NEUSE RIVER 50' BUFFER / — _ . ../ / / \ \ _\_ — — — — — / NEUSE RIPARIAN \"...... / / / ..�: / — ZO E�BUFFER / I� ` // / // / / / / / / '�"• \ �f EX. P�DE TRIAN / / / / / /� 1 / / I \ N_ — — — — —\ 7 / /JTRAIL ' / // /// �/ r l�/ ��CC• / /// TEMPORARY ZONE 1 // --/ / 1 \ \ / — J �— / _ / / °\ /� \ / ` // / / / / // / //k// TEMPORARY ZONE 2 NEUSE RIVER 50' BUFFER — — — — STREAM 2 _ /� �/ RCP // \\ — ExPED RIAN ti�� / e EX. 15" RCP / INTERMITTENT /� r' n// / / _ - �__ - -_%� �,// ..•/// / / //////� / / / / 4/ NEUSE RIPARIAN �— / / \ //// l//� \ l // / // j / /� /� / \ �_ /"/ / 1 / / / �i, / 60 RCP/_/N_ t. "• `• ///o // /„ / 7 /// //o NEUSE RIPARIAN PERMANENT BUCTER / // / �,�,, PROPOSED 14' _ ' ' % �%[F / �� CIRCULAR TUNNEL / �w! /l ZONE 2 BUFFER IMPACT CONCRETE \ 4 / / .::... - �( / / �� / / • �s�� /' �c/ / GREENWAYZ01 -2,096 (�� `4,ZO 2-2,679SF / 299,TOP OF,BANK I� LINER PLATE PIPE: � "'� � �9� �� / �� // �/ / � I / / // �i�� /' .. -iOw'1.1 / ,•r i � _ _ 8" N�pp�i� A r�: '•:/.. i �� ' A171 �it��.�/-� / STREAM 1 P // // — — _ / D -- .;1®� ,,'��. / ,' INTERMITTENT / Tq — ••/ / .I r �— -%�e — /1 ' / Mi I ING / ��lj: / / � �� --- / �l — EX.8" DIP / / ) / / / / / %/ �i/��;:: •' / / / // ///) • // / / 300LIMITS OF °� DISTURBANCE YI2., .ij2;/ // / // / //Mo / �/ / // / / 1 / // NEUSE RIPARIAN 1 � �� • ! �� p/Nk�� / /// 1�/ / /f / / / ZON1 BUFFER �•�. .• / / / // ///// / / % // •••••,r / Oa,"'� // //c9// _ '�'"�. �.J• .�Y.F �.••. / / / l 11 l / //// _;r. s1,,0iii�, i//////°' / / ////I/ 1 l/ /// /lit /// ��— —�— \PROPOSED10i /,< / / 4 a//z//� NEUSE RIPARIAN j �� A / / / ZONE 2 BUFFER �CONCRET�GREE�Y / j / / / �� / // / // /rp�OF�E I�F vG 0 //�%/ — / /// // / P4) < TF FILY// / ' / / / // /// ' // / // / 30 GRAPH IC SCALE 0 15 30 60 / — — / /// // / / // / / // / / // // / // / > �� " _ // / // �/ / / / // / // / \ r� 1 inch = 30 ft. No. Revision Date By Designer Scale AS NOTED BUFFER IMPACT MAP 1/ Withe rs Rave nel g I/ Engineers 115 MacKenan Drive I Cary, NC 27511 t: 919.469.3340 I license#:C-0832 I www.withersravenel.com s,eet uo. F Drawn By Date 3/3/2022 CRABTREE CREEK GREENWAY CONNECTOR Checked By lob No. 02180759.10 CARY WAKE COUNTY NORTH CAROL NA sefe\impactmape\Buffer_Impaet E 4' MH yIIMPACT B2 / / ibERMANEN,T )CONCRET / ZONE�1 - �� / ) / ■ CULVERT 1 ` IMPACT B4/ N 1 STREAM 3 _ TEMPORARY BUFFER IMPACT INTERMITTENT/ CONC TE GREENWA? IMPACT B3 \ ZONE 1 - 9 SE \ / PERMANENT Bl1FF,�R IMPACT / — _ — — CONCRETE GRE Vj AY- y _ — ZONE 1 - 731 SF — i ACT B5 TE PORARZU,FER IM CONCRETE GREEN ZONE 1 - 2,324 SF ZO E 2 - 683<<SF PR .P SED 10' CONCRETE GREENWAY NEUSE RIPARIAN ZONE 2 BUFFER" STREAM 4 INTERMITTENT 286— FMPACT B6 PERMANENT BUFFER IMPACT I CONCRETEGREENWAY ZONE 1 - 3,622 SF ZONE 2 - 4,249 SF DISTURBANCE \ IMPACT B7 PERMANENT BUFFER IMPACT CONCRETE GREENWAY ZONE 1 - 6,229 SF ZONE 2 - 1,529 SF STREAM 2 I INTERMITTENT NEUSE RIPARIAN ZONE 2 BUFFER PROPOSED 10' L�� \ / CONCRETE�GREENWA \ � 1 - � — co N / \ 1 '— --, 1 30 IMPACT LEGEND PERMANENT ZONE 1 NEUSE RIVER 30' BUFFER PERMANENT ZONE 2 NEUSE RIVER 50' BUFFER TEMPORARY ZONE 1 NEUSE RIVER 30' BUFFER TEMPORARY ZONE 2 NEUSE RIVER 50' BUFFER GRAPHIC SCALE 0 15 30 60 1 inch = 30 ft. No. Revision Date By Designer Scale AS NOTED Drawn By Date 3/3/2022 CRABTREE CREEK GREENWAY CONNECTOR BUFFER IMPACT MAP \/ WithersRavenel I/ Engineers I Planners I Surveyors Sheet No G Checked By lob No. 02180759.10 CARY WAKE COUNTY NORTH CAROLINA 115 MacKenan Drive I Cary, NC 27511 t: 919.469.3340I license #: C-0832 I www.withersravenel.com sefe\impactmape\Buffer_Impaet _' I( / / ' 1 / \ `l /Y7 IMPACT LEGEND I 1 I / \\ ` STREA�/12 / v / / "\_ —'--__--� J I / PERENNIAL \ / 2 I NEUSE RIPARIAN / �/ ZONE 2 BUFFER/ I I ❑ PERMANENT ZONE 1 NEUSE RIVER 30' BUFFER / / / // 4 / \ / / I / / �� _ _ / - i / L\\� / / I I _ _ J I / \ / ❑ PERMANENT ZONE 2 1 / i 1 — �� NEUSE \ I NEUSE RIVER 50' BUFFER / RIPARIAN i ZONE1BUFFER / I '/ �J / \ � 2g3 / l / I I / TEMPORARY ZONE 1 — - // ( TOP OF �/ 28� =� STREAM 2 BANK j �— �� i ` PERENNIAL �� ` / /1 \ NEUSE RIVER 30' BUFFER � / — r — _�� TEMPORARY / �\ � / / C� — �_ �� ' �\ � / II \ / / 1 ZONE2 NEUSE RIVER 50' BUFFER / _ j/ \/ ,______ / / y \ \ l / I ^� / ic I I 1 d _/// \\ / NEUSE RIPARIAN _ / i ZON�1-BUFFER \ \ ' / / , IMPACT B7 \ II l � ' 1 w 1-,,, J / PERMANENT BUFFER IMPACT ///I I C CRE.TE GREENWAY• Or ZONE 1 - 6,22 ; NEUSE RIPARIAN -- ` / / J 1 I ZONE 2 - 1,529 SF v ZONE 2 BUFFER /� I / // V \ �' PROPOSED 10' // / / / 1 I CONCRETE GREEN Y 1 l 11 . — V I7.�ii • O�A\ / L-4'M• \ 1 / SS— 'Illir• 1�11. f f I�t�aki .1*,,,INZMIZ 11111111:11�11INIf.1* 11111111iI.2,*;1•f 1•�111,•„ . .''`...1 _ _= _ 4 11 tr.: a �.• f FI Itf1�i�i111ffiif��Nik flfflfgagIf�ff,,2-1cl. ��f�1 0�1f �1-II4.157. iillYf�f�� 4: /Iffj1\;.fy IA, \/ / 1 ��.'. .i • . :-; ` 1 •,'�t� 101:f fi111111:11111f11i11145 1i11i11f11...................'i��::011�111 •SW j1111f lfllf:i: f1 111 f.11j 1�•� ' N. '..........<I• • •. f1 f �e 1 11 11•f•ff7 f�1 �ri 'S 11(� .f� -11111 r 11 1.1If1i1111fIff1 f.f •. - I / ........................� ' ' \ " f.�1f :0,0,111f:.111f11f� �\\ �I.f11�11•f11•f� If1�111•1111' •��. / \LIMITS OF 20' TOWN OF CARY �, .• f1 ............ f 1f1j1'i fIf11 �� •1�1'I.f::.......................... fit \ 111• 1 f.11IIi1-U DISTURBANCE S YSEi�ERco �. co .:;�1,.;,;1. ASEMENT N \ — -- STREAM 5 � \ / INTERMITTENT I ,�l • \ , C: �_ \ EX. PEDESTRIAN \ .11 ,Id TRAIL ..�!;°p111•r1.•1111;•; .f11'�-' 1, ,;. ��111'�.;1.1:•;/ 98 �/ \ 7 ��.�:�� i'� / / ' 100�UTB BUFFER / I / — • /* \ / �' t- \ / / ---- -- 7____—,40, \ / / \ N \/ J ,00_ YR \ N\ FLOODPLAIN \ / \ •I i \ \ / / i ' / J \ I 4ir15 GRAPHIC SCALE 30 0 15 30 60 1 inch = 30 ft. No. Revision Date By Designer Scale AS NOTED BUFFER IMPACT MAP 110 W i Lh e rs Ra ve n e l IM/ Engineers IPlannersISurveyors 115 MacKenan Drive I Cary, NC 27511 t:919.469.3340Ilicense#:C-0832Iwov.withersravenel.com s1PP=N° H Drawn By Date 3/3/2022 CRABTREE CREEK GREENWAY CONNECTOR Checked By lob No. 02180759.10 CARY WAKE COUNTY NORTH CAROLINA