20230536 Ver 1_ePCN Application_20230418

DWR
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
Initial Review
Has this project met the requirements for acceptance in to the review process?"
Yes
No
Is this project a public transportation project?'
Yes No
Change only If needed.
Pre -Filing Meeting Date Request was submitted on:
10/6/2022
BIMS # Assigned
20230536
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Select Project Reviewer's
Rob Ridings: rob. [e-mail]
Information for Initial Review
la. Name of project:
Crabtree Creek Greenway
1a. Who is the Primary Contact?*
Nancy Cherie
1b. Primary Contact Email:
[e-mail]
Date Submitted
4/18/2023
Nearest Body of Water
Crabtree Creek
Basin
Neuse
Water Classification
C;NSW
Site Coordinates
Latitude:
35.787906
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Wake
Is this a NCDMS Project
Yes No
Longitude:
-78.831196
Version#*
1
Reviewing Office`
Central Office - [phone]
1c. Primary Contact Phone: x
[phone]
a
Is this project a public transportation project?*
Yes No

Is this a NCDOT Project?"
Yes No
(NCDOT only) T.I.P. or state project number:
BL-0036 (Town of Cary project, LAPP funding
administered by NCDOT)
WBS # (?)
49876.1.1
1a. 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?*
Yes
No
1b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
1e. 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:
1f. Is this an after -the -fact permit application? *
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1h. Is the project located in any of NC's twenty coastal counties?
Yes No
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
'Id. Who is applying for the permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
Town of Cary
2b. Deed book and page no.:
2c. Contact Person:
Todd Milam
401 Water Quality Certification - Express
Riparian Buffer Authorization
Yes No
Yes No
O

2d. Address
Street Address
316 N. Academy Street
Address Line 2
city
Cary
Postal / Zip Code
27513
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Nancy Oberle/James Mason
4b. Business Name:
Three Oaks Engineering
4c.Address
Street Address
324 Blackwell Street, Suite 1200
Address Line 2
city
Durham
Postal / Zip Code
27701
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Cary
2. Project Identification
2a. Property Identification Number:
075305197293
2c. Project Address
Street Address
801 High House Road
Address Line 2
city
Cary
Postal / Zip Code
27513
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Crabtree Creek
3b. Water Resources Classification of nearest receiving water:
C;NSW
3c. What river basins) is your project located it *
Neuse
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
2b. Property size:
22.6
State / Province / Region
NC
Country
USA

3d. Please provide the 12-digit HUC in which the project is located.
030202010801
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 proposed project is located in Bond Park, a 310-acre facility in Cary, NC. The park includes several facilities, including access to Bond Lake with boathouse rentals, Prestonwood
Soccer Complex, multiple sports fields, a Senior Center and Community Center, pedestrian trails/greenways, an amphitheater, and a compost education center. The park also includes
nine separate parking areas, a playground, restrooms, and park shelters. In the vicinity of the park, there are residential and commercial areas as well as roadways, including Cary
Parkway and High House Road.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? *
Yes No Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
0
4g. List the total estimated linear feet of all existing streams on the property:
2,366
4h. Explain the purpose of the proposed project: *
The purpose of the proposed project is to extend Crabtree Creek Greenway to provide improved non -motorized access between Bond Park and the Prestonwood Soccer Complex.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The Town of Cary proposes to extend Crabtree Creek Greenway from Fred G. Bond Metro Park (Bond Park) to High House Road in Wake County, North Carolina. The extended greenway
will improve multimodal connectivity between Bond Park and the Prestonwood Soccer Complex, and will be constructed entirely within existing public rights of way and Town of Cary
property. This segment is a part of the Crabtree Creek Corridor which is a segment in Cary's largest greenway corridor that extends from Research Triangle Park to Middle Creek Park in
southern Cary. The proposed greenway extension will cross an unnamed tributary (UT) to Crabtree Creek and impact riparian buffers of the UT and Crabtree Creek.
Indirect impacts are not anticipated as a result of the proposed project.
Typical construction equipment, such as trucks and dozers, will be used during construction.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?
Yes No O Unknown
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
SAW-2022-01444
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Nathan Howell, PWS, MS
Agency/Consultant Company: Three Oaks Engineering
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
8/8/2022
6. Future Project Plans
6a. Is this a phased project?*
Yes O No
6b. If yes, explain.
This portion of the greenway itself is a standalone project. However, future plans are to continue extension of the Crabtree Creek Greenway in other locations, depending on funding and
scheduling.
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?
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
6. Buffer Impacts (for DWR)

6a. Project is in which protect basin(s)?
Check all that apply.
Neuse Tar -Pamlico
Catawba Randleman
Goose Creek Jordan Lake
Other
6b. Impact Type
11
6c. Per or Temp
6d. Stream name
6e. Buffer mitigation required?
6f. Zone 1 impact
6g. Zone 2 impact
Site 1 - Impact of than Perpendicular Crossing
P
SB
Yes
0
367
Site 2 - Bridge Allowable Upon Authorization
P
SB
No
1,378
919
Site 3 - Bridge Allowable Upon Authorization
Site 4 - Greenway Allowable w/ Mitigation Upon
Authorization
P
P
SB
Crabtree Creek
No
Yes
1,624
1,189
1,243
742
Site 5 -Greenway Allowable Upon Authorization
P
Crabtree Creek
No
867
2,269
Site 6 - Greenway Allowable Upon Authorization
P
Crabtree Creek
No
343
0
Site 7 - Greenway Allowable Upon Authorization
P
Crabtree Creek
No
47
14
6h. Total buffer impacts:
Zone 1 Zone 2
Total Temporary impacts: 0.00 0.00
Zone 1
Zone 2
Total Permanent impacts: 5,448.00
5,554.00
Zone 1
Zone 2
Total combined buffer impacts: 5,448.00
5,554.00
61. Comments:
Due to rounding, the totals do not exactly match those in the impact summary table (attached).
Sue Homewood was consulted on how to classify impacts for the project.
Impacts at Sites 4, 5, 6, and 7 cannot be avoided/further reduced due to the existing facility and other constraints that require the greenway to be in the
buffer. For these sites, Zone 1 impacts were unavoidable and there was no practical alternative; if the greenway was moved out of the buffer at those
sites, it would impede on the use of the existing park facility/fields. At Site 4 specifically, the greenway had to tie into an existing facility along Crabtree
Creek/under Cary Parkway.
The mitigable impacts are either where the greenway encroaches on the buffer in a non -perpendicular manner due to the bridge alignment across SB
(Site 1) or where the greenway exceeds the required 10-foot path with 2-foot shoulders and has 3-foot shoulders (Site 4; required larger shoulders to tie
into existing trail/sidewalk design at tunnel crossing under Cary Parkway.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The greenway crossings have been designed to cross the streams perpendicularly whenever possible. Where it is not possible to cross entirely
perpendicularly (at the crossing of Cary Parkway), the existing culvert crossing is instead utilized, thus minimizing further impacts.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Erosion and sedimentation BMPs will be installed prior to construction. Construction has been sequenced and designed to avoid/minimize impacts by
avoiding wetland and stream impacts. Impacts will be minimized to only riparian buffer impacts by strict enforcement of Best Management Practices for
the protection of surface waters, restrictions against the staging of equipment in or adjacent to waters of the US, and coordination with appropriate
environmental staff.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
Yes
No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
There are no proposed impacts to waters of the U.S. Mitigation is being proposed due to impacts associated with riparian buffer impacts.
a
F. Stormwater Management and Diffuse Flow Plan (required by DWR) 8

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?
Yes No
What type of SCM are you providing?
Level Spreader
Vegetated Conveyance (lower SHWT)
Wetland Swale (higher SHWT)
Other SCM that removes minimum 30 % nitrogen
Proposed project will not create concentrated stormwater flow through the buffer
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? *
Yes No
Comments:
G. Supplementary Information
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?
Yes No
1b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina)
Environmental Policy Act (NEPA/SEPA)?*
Yes No
1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House?
Yes No
Comments:*
A Draft Categorical Exclusion Type I or II has been prepared and is being finalized for signature.
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)? *
Yes No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?
Yes No
3b. If you answered "no," provide a short narrative description.
No additional development or expansion of the site is planned and no development outside of the proposed project site is anticipated as a result of the
project.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?
Yes No 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?*
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?
Yes No
5c. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
5d. Is another Federal agency involved?*
Yes No
Unknown
5e. Is this a DOT project located within Division's 1-8?
Yes No

5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
IPaC, NCNHP Data Explorer. An NRTM has been prepared that outlines the results of the project's protected species assessments (see attached).
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
Yes No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?
NOAA Essential Fish Habitat Mapper
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status? *
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
SHPO coordination letter (see attached).
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? *
Yes No
8b. If yes, explain how project meets FEMA requirements:
The Town of Cary and/or NCDOT Hydraulic Design Unit will coordinate with the NC Floodplain Mapping Program (FMP), to determine status of the
project with regard to applicability of NCDOT'S Memorandum of Agreement, or approval of a Conditional Letter of Map Revision (CLOMR) and
subsequent final Letter of Map Revision (LOMR).
8c. What source(s) did you use to make the floodplain determination?
FEMA Flood Map Service Center
Miscellaneous
u
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
BL-0036_AGENT_AUTHORIZATION_FORM_Permitting_Signed.pdf
296.77KB
20230403_Buffer Impacts Plan.pdf
6.06MB
Crabtree Creek Greenway_Design_EC_Typicals.pdf
5.64MB
Crabtree Creek Greenway_PreFilingMeetingRequest_10062022.pdf
108.35KB
SAW-2022-01444 signed PJD.pdf
5.23MB
Crabtree Creek Greenway FINAL NRTM_April 2023.pdf
7.58MB
ER-22-1325.pdf
129.56KB
File must be PDF or KMZ
Comments
No wetland or stream impacts will result from the project. Was not able to submit without answering 404/401 questions although neither are required for the project.
Mitigation is being obtained from a private mitigation bank for riparian buffer impacts. Letter will be provided when available.
Signature
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:
James Mason
Signature
019A,way- wft
Date
4/18/2023