20150466 Ver 1_401 Application_20150515 (2)

WITHERS �. C R,A VEN EL
May 7, 2015
US Army Corps of Engineers
Regulatory Field Office
Mr. David Shaeffer
3331 Heritage Trade Drive
Suite 105
Wake Forest, NC 27587
ENGINEERS I PLANNERS I SURVEYORS
NC- Division of Water Resources
401 & Buffer Permitting Unit
Ms. Karen Higgins
1617 Mail Service Center
Raleigh, North Carolina 27699
Re: Crabtree Creek Greenway Phase II (Lake Crabtree) — NWP 14 PCN Submittal
Cary, Wake County
TIP Project No. C -5163
Federal -Aid No. CMS - 0503(17)
Corps AID #SAW - 2014-01454
DWR Project #NBRRO 13-378
W &R Project #02130240.00
Dear Mr. Shaeffer and Ms. Higgins,
On behalf of the Town of Cary, we are requesting authorization from the USACE to use NWP 14 for 44
if of permanent stream impacts for construction of Phase II of the Crabtree Creek Greenway (Lake
Crabtree). We are also requesting a 401 WQC from NCDWR for the above referenced impacts, as well
as Buffer Authorization for 14,455 sq ft or permanent riparian buffer impacts.
The project consists of ±800 if of proposed greenway trail that will be Phase II of the Crabtree Creek
Greenway at Lake Crabtree in Cary, Wake County. The proposed greenway trail will begin at the
Weston Parkway, just west of NC Bar Association (Lat: 35.8297944 °N; Long: - 78.7948222 0W), and
run north to tie into Phase I of the Crabtree Creek Greenway (Lat: 35.8316028 °N; Long: -
78.7952556 °W). Phase I of the Crabtree Creek Greenway is being submitted for review under a
separate application. The project is located in the Neuse River Basin and the site drains to Crabtree
Creek /Lake Crabtree (Stream Index: 27- 33-(3.5))• The Water Quality Classification for Crabtree Creek
is B;NSW and the cataloging unit for the site is 03020201.
Proposed Proiect
The proposed project consists of the construction of ±800 if of greenway trail, which will provide a
connection from Weston Parkway to Phase I of the Crabtree Creek Greenway. The proposed
greenway trail will initially be used for a second construction access during construction of Phase I,
and then converted to a greenway trail after construction of Phase I is complete.
The proposed greenway is being funded through the federal Congestion Mitigation and Air Quality
Improvement (CMAQ) Program and, therefore, must satisfy NEPA requirements. NEPA
documentation will be satisfied through the submittal of a Programmatic Categorical Exclusion
(PCE), which has been prepared and anticipated to be submitted to NCDOT within a week of the
submittal of this PCN. Upon issuance of the PCE approval, a copy will be provided to the
Corps /DWR.
1410 Commonwealth Drive I Suite 1011 Wilmington, NC 28403 1 tel: [phone] fax: [phone]
www.withersravenet.com I License No. C -0832

Crabtree Creek Greenway— Phase II (Lake Crabtree) — NWP 14 PCN
05/07/15
The State /Federal project numbers are:
State: TIP Project No. C -5163
Federal -Aid No. CMS - 0503(17)
Project History
Onsite wetlands were delineated by Withers and Ravenel. There are no wetlands and two streams
within the proposed alignment. We are requesting a preliminary Jurisdictional Determination for the
impact areas only, to be issued in conjunction with issuance of the NWP 14. The Preliminary JD
documentation has been provided as an Appendix.
Cherri Smith with NCDWR conducted a site visit on March 26th, 2015 for a buffer determination on
the streams within the proposed alignment.
Proposed Impacts
The proposed impacts consist of 44 if of permanent stream impacts. The project will also require
7,009 sq ft of permanent Zone 1 impacts and 7,446 sq ft of permanent Zone 2 impacts.
Avoidance and Minimization
Prior to site plan design, the applicant requested that a detailed wetland delineation be conducted
so that impacts to wetlands and "waters" could be minimized.
Permanent stream impacts have been minimized by designing the greenway trail to cross these
features at as close to perpendicular as possible. A bridge will be utilized at the crossing of the
larger southernmost stream.
The northern stream crossing (Impact #1) has been designed as a culverted crossing. The stream at
this location is a small, unmapped stream that was created as a result of stormwater runoff from the
NC Bar Association. The stream channel runs around an existing sewer manhole, and has eroded
right to the actual manhole. In order to protect against future damage to the manhole, the stream
will be placed in a culvert, which will provide both a crossing for greenway, as well as protection of
the manhole.
Mitigation
The proposed greenway trail is part of the larger Town of Cary public greenway system. As such, the
proposed impacts are considered cumulative with the impacts associated with prior phases of the
greenway system. As a result of the cumulative impacts, mitigation is required for the proposed
permanent stream impacts. Therefore, the applicant proposes to mitigate for the 44 if of permanent
stream impacts at 2:1 ratio by purchasing a total of 88 if of stream mitigation credits from the Neu -
Con Wetland & Stream Umbrella Mitigation Bank. A copy of the Letter of Availability has been
provided as an Appendix.
The current request is for 44 if of permanent stream impacts and 14,455 sq ft of permanent riparian
buffer impacts (see the attached maps and PCN for details).
WITHERS RAVENEL Page 2 of 3
ENGINEERS I PLANNERS I SURVEYORS

Crabtree Creek Greenway— Phase II (Lake Crabtree) — NWP 14 PCN
05/07/15
Please feel free to call if you have questions or require additional information.
Sincerely,
Troy Beasley
Environmental Scientist
Attachments:
• PCN Form
• Agent Authorization
• USGS Quad
• Wake County Soil Survey
• Mitigation Letter of Availability from Neu -Con Mitigation Bank
• Preliminary JD Request (Corps PCN Only)
• Impact Exhibits
WITHERS t\ RAVENEL Page 3 of 3
ENGINEERS I PLANNERS I SURVEYORS

W ATF9QG
oNjiiW�"MWIIAMI-'<
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Page 1 of 12
PCN Form — Version 1.3 December 10, 2008 Version
Pre - Construction Notification (PCN) Form
A. Applicant Information
1.
Processing
1 a.
Type(s) of approval sought from the
Corps:
®Section 404 Permit El Section 10 Permit
1 b.
Specify Nationwide Permit (NWP) number: 14 or General Permit (GP) number:
1 c.
Has the NWP or GP number been verified by the Corps?
FE Yes
❑ No
1d.
Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ® Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification:
❑ Yes ® No
For the record only for Corps Permit:
❑ Yes ® No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program.
® Yes
❑ No
1g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes
® No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2.
Project Information
2a.
Name of project:
Crabtree Creek Greenway Phase II (Lake Crabtree)
2b.
County:
Wake
2c.
Nearest municipality / town:
Cary
2d.
Subdivision name:
2e.
NCDOT only, T.I.P. or state
project no:
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Wake County
3b.
Deed Book and Page No.
Book: 3006; Page: 246
3c.
Responsible Party (for LLC if
applicable):
Wake Count Attorney's Office
3d.
Street address:
PO Box 550
3e.
City, state, zip:
Raleigh, NC 27602
3f.
Telephone no.:
919 - 856 -5562
3g.
Fax no.:
3h.
Email address:
Fcope @wakegov.com
Page 1 of 12
PCN Form — Version 1.3 December 10, 2008 Version

4.
Applicant Information (if different from owner)
4a.
Applicant is:
❑ Agent ® Other, specify: Town of Cary
4b.
Name:
Paul Kuhn — Parks Planning Manager
4c.
Business name
(if applicable):
Town of Cary
4d. Street address:
PO Box 8005
4e.
City, state, zip:
Cary, NC 27512 -8005
4f.
Telephone no.:
919 - 469 -4360
4g.
Fax no.:
4h.
Email address:
Paul. kuhn(a)townofcary.org
5.
Agent/Consultant Information (if applicable)
5a.
Name:
Troy Beasley
5b.
Business name
(if applicable):
Withers and Ravenel
5c.
Street address:
1410 Commonwealth Drive, Suite 101
5d.
City, state, zip:
Wilmington, NC 28403
5e. Telephone no.:
910 - 256 -9277
5f.
Fax no.:
910 - 256 -2584
5g.
Email address:
tbeasley @withersravenel.com
Page 2 of 12
PCN Form — Version 1.3 December 10, 2008 Version

B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
0755987679
At Weston Pkwy - Lat: 35.82979 °N Long: - 78.79482 °W
1 b. Site coordinates (in decimal degrees):
At Phase I — Lat: 35.83160 °N Long: - 78.79525 °W
(DD.DDDDDD) (- DD.DDDDDD)
1 c. Property size:
N/A — Linear Project
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
Crabtree Creek /Lake Crabtree (Stream Index: 27- 33 -(3.5)
proposed project:
2b. Water Quality Classification of nearest receiving water:
B;NSW
2c. River basin:
Neuse River - 03020201
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The project 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.
3b. List the total estimated acreage of all existing wetlands on the property:
There are no wetlands within the proposed alignment.
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
90 If of streams within the proposed alignment.
3d. Explain the purpose of the proposed project:
The purpose of the proposed project is to expand the existing Town of Cary Greenway system by constructing a
greenway trail which will run from Weston Parkway to Phase I of the Crabtree Creek Greenway, which is being permitted
under a separate PCN.
3e. Describe the overall project in detail, including the type of equipment to be used:
The proposed project consists of the second phase of the Crabtree Creek Greenway (Lake Crabtree), which will run from
Weston Parkway to Phase I, which is being permitted under a separate PCN. The proposed greenway will be utilized for
a second construction access during construction and converted to a greenway trail after construction is completed.
Standard commercial construction equipment will be used to construct the greenway.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
® Yes ❑ No F1 Unknown
project (including all prior phases) in the past?
Comments:
4b. If the Corps made the jurisdictional determination, what type
Preliminary Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas?
Agency /Consultant Company: Withers & Ravenel
Name (if known): Troy Beasley
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
David Shaeffer with the Corps of Engineers verified the wetland delineation during a site visit on August 12, 2014 (AID#
SAW- 2014 - 01454).
The subjectivity to buffers for the streams within the project area is not being contested. Therefore, a formal Buffer
Determination by NCDWR was not requested.
Page 3 of 12
PCN Form — Version 1.3 December 10, 2008 Version

5. Project History
5a. Have permits or certifications been requested or obtained for
® Yes ❑ No ❑ Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
The proposed greenway will be an expansion of the existing Town of Cary greenway system. While permits or
certifications have not been requested or obtained for the current project limits, the previously construction segments of
the Town of Cary greenway system have, and the proposed impacts are considered cumulative with previously approved
greenway segments.
6. Future Project Plans
6a. Is this a phased project?
® Yes ❑ No
6b. If yes, explain.
Due to funding constraints, the proposed greenway will be constructed in two separate phases. Phase 1 consists of the
alignment from the existing Black Creek Greenway on the east side of Lake Crabtree to Aviation Parkway, which is being
permitted under a separate PCN. Phase 2 consists of the greenway connector spur that runs from Weston Parkway
north to the greenway trail.
Page 4 of 12
PCN Form — Version 1.3 December 10, 2008 Version

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑ Wetlands ® Streams - tributaries ® Buffers
❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
2b.
2c.
2d.
2e.
2f.
Wetland impact
Type of jurisdiction
number —
Type of impact
Type of wetland
Forested
(Corps - 404, 10
Area of impact
Permanent (P) or
(if known)
DWQ — non -404, other)
(acres)
Temporary T
W1 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W2 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W3 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W4 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W5 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W6 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
Total
Temporary Wetland Impacts
ac
2g. Total wetland impacts
ac
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
3b.
3c.
3d.
3e.
3f.
3g.
Stream impact
Type of impact
Stream name
Perennial
Type of jurisdiction
Average
Impact
number -
(PER) or
(Corps - 404, 10
stream
length
Permanent (P) or
intermittent
DWQ — non -404,
width
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
Impact #1
Culvert/Rip -rap
UT to Crabtree
El PER
® Corps
3'
44 If
P
® ❑ T
Creek
® INT
ED
3h. Total stream and tributary impacts
44 If
3i. Comments: The proposed culverted crossing has been designed to cross the stream at a meander which wraps around the
south side of an existing sewer manhole and continues to erode around the manhole. The placement of the culvert within the
stream will serve to protect the manhole from damage from erosion caused by the stream.
Page 5 of 12
PCN Form — Version 1.3 December 10, 2008 Version

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
4b.
4c.
4d.
4e.
Open water
Name of waterbody
impact number -
(if applicable)
Type of impact
Waterbody type
Area of impact (acres)
Permanent (P)
or Temporary
T
01 ❑P ❑T
02 ❑P ❑T
03 ❑ PEI T
04 ❑P ❑T
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below.
5a.
5b.
5c.
5d.
5e.
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
Pond ID
Proposed use or purpose of
(acres)
number
pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a.
® Neuse ❑ Tar - Pamlico ❑ Other:
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b.
6c.
6d.
6e.
6f.
6g.
Buffer impact
number-
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P)
for impact
Stream name
mitigation
(square feet)
(square feet)
or Temporary
required?
T
RB Exhibit 1
F1 ® P T
Greenway
Trail
UT to Crabtree Creek
® Yes s
7,009 sq ft
7,446 sq ft
6h. Total buffer impacts
7,009 sq ft
7,446 sq ft
6i. Comments:
Page 6 of 12
PCN Form - Version 1.3 December 10, 2008 Version

D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Prior to site plan design, the applicant requested that a detailed wetland delineation be conducted so that impacts to wetlands
and "waters" could be minimized.
Permanent stream impacts have been minimized by designing the greenway trail to cross these features at as close to
perpendicular as possible. A bridge will be utilized at the crossing of the larger southernmost stream.
The northern stream crossing (Impact #1) has been designed as a culverted crossing. The stream at this location is a small,
unmapped stream that was created as a result of stormwater runoff from the NC Bar Association. The stream channel runs
around an existing sewer manhole, and has eroded right to the actual manhole. In order to protect against future damage to
the manhole, the stream will be placed in a culvert, which will provide both a crossing for greenway, as well as protection of
the manhole.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
A bridge will be utilized to cross the southern stream within the proposed alignment to avoid impacts at this crossing.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
® Yes ❑ No
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply):
® DWQ ® Corps
® Mitigation bank
2c. If yes, which mitigation option will be used for this project?
❑ Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank: Neu -Con Stream and Wetland Umbrella Mitigation Bank
Quantity: 88 If
3b. Credits Purchased (attach receipt and letter)
Type: Stream
3c. Comments: The applicant will purchase mitigation at a 2:1 ratio, resulting in the purchase of 88 If of stream mitigation from
the Neu -Con Wetland and Stream Umbrella Mitigation Bank. A copy of the letter of availability has been provided as an
Appendix.
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
❑ warm ❑ cool ❑cold
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non - riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 7 of 12
PCN Form — Version 1.3 December 10, 2008 Version

6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
❑ Yes ® No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments: Buffer impacts for greenways are "Allowable" and do not require mitigation.
Page 8of12
PCN Form — Version 1.3 December 10, 2008 Version

E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1 a.
Does the project include or is it adjacent to protected riparian buffers identified
® Yes ❑ No
within one of the NC Riparian Buffer Protection Rules?
1 b.
If yes, then is a diffuse flow plan included? If no, explain why.
Comments: The Town of Cary will be reviewing the project for stormwater
❑ Yes ® No
management requirements, including diffuse flow requirements.
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
N/A %
2b.
Does this project require a Stormwater Management Plan?
® Yes ❑ No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why:
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
The stormwater management plan will be reviewed and approved by the Town of Cary as a Certified Local Government.
® Certified Local Government
2e.
Who will be responsible for the review of the Stormwater Management Plan?
❑ DWQ Stormwater Program
❑ DWQ 401 Unit
3.
Certified Local Government Stormwater Review
3a.
In which local government's jurisdiction is this project?
Town of Cary
® Phase II
3b.
Which of the following locally - implemented stormwater management programs
® NSW
❑ USMP
apply (check all that apply):
® Water Supply Watershed
❑ Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ® No
attached?
4.
DWQ Stormwater Program Review
❑ Coastal counties
❑ HQW
4a.
Which of the following state - implemented stormwater management programs apply
❑ ORW
(check all that apply):
❑ Session Law 2006 -246
❑ Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
attached?
❑ Yes ❑ No
5.
DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b.
Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 9 of 12
PCN Form — Version 1.3 December 10, 2008 Version

F.
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
1a.
Does the project involve an expenditure of public (federal /state /local) funds or the
® Yes
❑ No
use of public (federal /state) land?
1 b.
If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
® Yes
❑ No
(North Carolina) Environmental Policy Act (NEPA /SEPA)?
1 c.
If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.)
Comments: A Programmatic Categorical Exclusion (PCE) has been prepared to
❑ Yes
® No
satisfy NEPA review and will be submitted to NCDOT for approval within a week of
submittal of this PCN. A copy of the PCE approval will be provided to the
Corps /DWR upon issuance.
2.
Violations (DWQ Requirement)
2a.
Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑ Yes
® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b.
Is this an after - the -fact permit application?
❑ Yes
® No
2c.
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3.
Cumulative Impacts (DWQ Requirement)
3a.
Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes
® No
additional development, which could impact nearby downstream water quality?
3b.
If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
The project consists of the construction of a greenway trail which will not be a catalyst for future development.
4.
Sewage Disposal (DWQ Requirement)
4a.
Clearly detail the ultimate treatment methods and disposition (non- discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
N/A
Page 10 of 12
PCN Form — Version 1.3 December 10, 2008 Version

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
❑ Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes ® No
impacts?
❑ Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
❑ Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
W &R reviewed the NC Natural Heritage Program database, located at http: / /www.ncnhp.org /web /nhp /database- search,
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 identified only identified a single occurrence of federally protected species
within 1.0 miles of the project alignment, which consisted of a bald eagle nest (Nest ID: Wake #1), located approximately
0.94 miles north of the project, on the northeastern shore of Lake Crabtree at Latitude: 35.8451'N; Longitude: -
78.8042 °W. The US Fish and Wildlife Services' "National Bald Eagle Management Guidelines" (May 2007), specifies that
activities taking place in excess of 660' from a bald eagle nest will have no effect on the nesting activities.
W &R conducted a survey for the presence of, and habitat for, federally protected species known to occur within Wake
County. The surveys for the presence of federally protected species were negative with the exception of the northern
long eared bat (NLEB), due to the presence of potential roosting habitat within the "mature forest" within the proposed
alignment. There were no federally protected species identified within the proposed alignment.
On April 2, 2015 the NLEB was approved for listing as "Threatened" under the ESA, which became effective on May 4,
2015. The USFWS is protecting the northern long -eared bat under the Endangered Species Act because of strongly
declining populations, largely because of white -nose syndrome, a disease that is severely affecting this species. While
there is no critical habitat designated for the NLEB, its potential habitat is classified as mature forest, which is used for
roosting during the day. As a result of the listing of the NLEB, the proposed project area contains potential habitat for the
NLEB. In an email from USFWS dated April 15, 2015, the USFWS has specified that a project may result in an adverse
effect on the NLEB is there will be cutting or destroying of mature forest within 0.25 miles of an known roosting site, or if
the project involves the cutting or destroying of known, occupied roost trees during the pup season (June 1St — July 31St)
The only known active roost tree site is in Currituck County.
The USFWS has developed a programmatic biological opinion (PBO) in conjunction with the Federal Highway
Administration (FHWA), the US Army Corps of Engineers (USACE), and NCDOT, for the northern long -eared bat in
eastern North Carolina. The PBO covers the entire NCDOT program in Divisions 1 -8, including all NCDOT projects and
activities. The programmatic determination for the northern long -eared bat for the NCDOT program in Divisions 1 -8 is
"May Affect, Likely to Adversely Affect." The PBO will provide incidental take coverage for the northern long -eared bat
and will ensure compliance with Section 7 of the Endangered Species Act for five years for all NCDOT projects with a
federal nexus in Divisions 1 -8, which includes Wake County, where the project is located.
Therefore, consultation requirements under Section 7 of the ESA have been satisfied for the NLEB through the PBO and
no further coordination is required. Furthermore, consultation with USFWS should not be required for other federally
protected species known to occur in Wake County as the project will have No Effect on these species.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
There are no waters in Wake County classified as EFH.
Page 11 of 12
PCN Form — Version 1.3 December 10, 2008 Version

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 (e.g., National Historic Trust designation or properties significant in
❑ Yes ® No
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
W &R 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)
8a. Will this project occur in a FEMA- designated 100 -year floodplain?
❑ Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? www.ncfloodmaps.com
-7
Troy Beasley — Withers & Ravenel
Authorized Agent
5/7/15
Applicant/Agent's Printed Name
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
Page 12 of 12
PCN Form — Version 1.3 December 10, 2008 Version

AGENT AUTHORIZATION

WITHERS - RAVENEL
ENGINEERS I PLANNERS ISURVEYORS
AUTHORITY FOR APPOINTMENT OF AGENT
The undersigned municipality Town of Cary (Client) does hereby appoint Troy Beasley /Withers
& Ravenel. 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 Greenwav (Lake Crabtree).
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.
Date: NDV. l5, 2D13
Agent's Name, Address & Telephone: Signature of Client:
Troy Beasley/ Withers& Ravenel, Inc. RLd '<,J)" Ho-YA-- PIannr"
1410 Commonwealth Drive, Suite 101
Wilmington, NC 28403
Tel. [phone]
ame - Pri (Title)
(Signature)
Fo.ox Saos
Mailing Address
CcrV /JG 2.-751 2 - 0005
City State Zip
Phone: /I --iG -9 - 43Go
Email: %!ccL /, kkh1) �t�vo�Cavy, o�
115 MacKenan Drive 1 Cary, NC 275111 tel.: [phone] fax: [phone] www.withersravenet.com 1 License No. C -0832
1410 Commonwealth Drive I Suite 1011 Wilmington, NC 28403 1 tel: [phone] fax: [phone]
7011 Albert Pick Road I Suite G 1 Greensboro, NC 274091 tek 336.605.30091 fax: [phone]

WITHERS &RAVENEL
ENGINEERS I PLANNERS I SURVEYORS
AUTHORIZATION FOR PROPERTY ACCESS
The undersigned owner(s), Wake County, do(es) hereby authorize Troy Beasley / Withers & Ravenel, Inc. to
access the Lake Crabtree property 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 Town of Cary.
This authorization does not bind the current property owner(s) to financial responsibility for services rendered on
the subject property by Withers and Ravenel, Inc.
This agreement shall continue in effect until completion /termination of the purchase contract for the subject
property. C
Date: l J 3
Contract Purchaser's Agent Info: Signature of Owner(s):
Troy Beasley 1 Withers & Ravenel. Inc. pi
Name — P Title
1410 Commonwealth Drive. Suite 101
Wilmington, NC 28403 D Signature 4
Tel. [phone] [ IQ. &4 Q5 0 _
Mailing Address
City U State Zip
Phone: D 1 % " 8 5 `"554-2
Email:� G ICi�CQMQ . C0-/Y\
115 MacKenan Drive: Cary, NC 27511 tel.: [phone] fax: [phone] www.withersravenel.com i License No. C -0832
1410 Commonwealth Drive � Suite 1011 Wilmington, NC 284031 tel: [phone] fax: [phone]
7011 Albert Pick Road Suite G I Greensboro, NC 274091 tel: [phone] fax: [phone]

USGS QUAD &
WAKE CO. SOIL SURVEY

\",.O/ / A Q%M
%moop .01 All
LAKE CRABTREE
)v
GRAPHIC SCALE
0 200 400
1 inch = 400 ft.
PHASE
low
1
PHAS l
(P ECT)
t 1 «�
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CRABTREE CREEK GREENWAY PH II USGS QUAD - CARY WITHER8 RAVENEL
tNOINRRRO 1 •LANNRRO 1 fORYNYONS
GARY WAKE COUNTY NORTH CAROLINA

IIT
\ M f 1 n
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GRAPHIC SCALE
0 200 400
i
1 inch = 400 ft.
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E REE CREEK GREENWAY PH II WAKE CO. SOIL SURVEY - SHEET 36 WITHER8 RAVENEL
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WAKE COUNTY NORTH CAROLINA

MITIGATION LETTER OF AVAILABILITY

fires
EBX Statement of Availability April 6, 2015
EBX -Neuse Neu -Con Wetland and Stream Umbrella Mitigation Bank
EBX -EM Forrest Creek Mitigation Bank
NC Division of Water Resources U.S. Army Corps of Engineers
Ms. Katie Merritt Mr. David Schaeffer
512 N. Salisbury St. Raleigh Regulatory Field Office
9th floor 3331 Heritage Trade Center, Suite 105
Raleigh, NC 27604, Archdale Building Wake Forest, NC 27587
Re Project: Crabtree Creek Greenway Phase 2 (Weston Parkway)
This document confirms that Town of Cary (Applicant) for the Crabtree Creek Greenway Phase 2
(Weston Parkway) (Project) has expressed an interest to utilize 88 Stream Mitigation Credits from
EBX -Neuse sponsored Neu -Con Wetland & Stream Umbrella Mitigation Bank (Bank) or EBX -EM
sponsored Forrest Creek Mitigation Bank, both in the Neuse HUC 03020201. As the official Bank
Sponsor, EBX, attests to the fact that mitigation is available for reservation at this time.
These mitigation credits are not considered secured, and consequently are eligible to be used for alternate
purposes by the Bank Sponsor, until payment in full is received from the Applicant resulting in the
issuance of a Mitigation Credit Transfer Certificate by the bank acknowledging that the Applicant has
fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation
obligation requiring the credits /units.
The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the
purchase price. Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and
a documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating the permit
number and the resource type secured by the applicant. A copy of the Mitigation Credit Transfer
Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the
proper documentation.
If any questions need to be answered, please contact me at 919 - 829 -9909 x 21 or 919 - 608 -5876.
Best Regards,
Cara S. Conder
Resource Environmental Solutions, LLC
909 Capability Drive Suite 3100
Raleigh, NC 27606

IMPACT EXHIBITS

i
\
ul
EXHIBIT 1
. i O
PHA E 7 /
\ PROPOSED GR ENWAY ALIGNMENT 1 PHASE 2 \ I
° N 0
LEGEND
WETLANDS —
PERMANENT IMPACTS — — 0 SF (0 AC)
TEMPORARY IMPACTS — ® — 0 SF (0 AC)
STREAM IMPACTS:
PERMANENT CHANNEL — — 44 LF
GRAPHIC SCALE PERMANENT AREA — �''.',', *.'.' — 179 SF
500 0 250 500 1000
TEMPORARY CHANNEL — --- - - - - -- — 0 LF
1 inch = 500 ft. TEMPORARY AREA — ® — 0 SF
No. Revision Dale By D—g— SCd1e CRABTREE CREEK GREENWAY WETLAND AND STREAM IMPACT MAPS
WkR AS SNOWN sheer No.
D"' By Dare WITHERS RAVENEL
PAP 10 -14 —I4
By b�� PHASE 1 OVERALL ALIGNMENT AND INDEX ENGINEERS 1 PLANNERS I SURVEYORS WE-0
wt�R oz,aoz4o.00 Car Wake Count North Carolina „ sM��Ke�m ,D:IVeca,,Noithca «ia,az.s, ,Pi.z,z- a. -33ao z,¢— .os w.,i,e..,�. ,•i --,

I
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a
PROPOSED
IMPACT #1 .I
GREENWAY TRAIL
PERMANENT STREAM IMPACT I
44 LF/179 SO. FT
2l11F AE
%
s N
Lu
,-
CL ;
��
PROPOSED 26 LF OF 24" RCP
m
PERMANENT LIMITS OF \ o
DISTURBANCE
STREAM TO BE CROSSED_
- s
USING A PEDESTRIAN
'
BRIDGE TO AVOID STREAM
IMPACTS. SEE TYPICAL
1 1
PEDESTRIAN BRIDGE DETAIL
LEGEND
C, 0
WETLANDS —
PERMANENT IMPACTS — — 0 SF (0 AC)
TEMPORARY IMPACTS — ® — 0 SF (0 AC)
STREAM IMPACTS:
PERMANENT CHANNEL — — 44 LF
PERMANENT AREA — O — 179 SF
GRAPHIC SCALE
TEMPORARY CHANNEL — --- - - - - -- — 0 LF
50 0 25 50 100
TEMPORARY AREA — ® — 0 SF
1 inch = 50 ft.
No.
Revision
Date
By
oe „.....
Drawn BY
PAR
s,e Al 1. .1
Dam
3/2/15
CRABTREE CREEK GREENWAY
PHASE 2
Car Wake Count North Carolina
WETLAND AND STREAM IMPACTS
EXHIBIT 1
/�
WITHERS RAVENEL
ENGINEERS 1 PLANNERS I SURVEYORS
nsma <Ke�m,D:me<arv,Nor,h 27511 ml.e,�- aee -33ao �1 v 467 60os w¢he::,e,ei -o,
sheer No.
WE -1
ae dBV
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JobNO.
oz,aozao.00

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77-,> -
D—­, "" CRABTREE CREEK GREENWAY
W@R AS SHOWN
Drawn By Dare PHASE 2
vu+ la o� u
Checked By lob Na.
W @R 0213030.00 Cary Wake County
PROJECT SUMMARY
NEUSE RIVER RIPARIAN BUFFER
ZONE 1 PERMANENT M 7,009 SF (0.161) ZONE 2 PERMANENT
ZONE 1 TEMPORARY 0 SF (0 AC) ZONE 2 TEMPORARY
EX. TOP OF BANK
w
EXHIBIT 1
L� mum PH
L. ASE 1 ,
%ROPOSED GR NWAY ALIGNMENT (� pH SA E 2
B
GRAPHIC SCALE
500 0 250 500 1000
1 inch = 500 ft.
BUFFER IMPACT MAPS
iCarolina OVERALL ALIGNMENT AND INDEX
7,446 SF (0.171)
0 SF (0 AC)
Q��
i_
I�
WITHERS & R"ENEL
ENGINEERS I PLANNERS 1 SURVEYORS
115 —K— Drive Cary, North Caro14na]1511 tel: [phone] fax:9,- -fio08 www withersrz —l.com
j;.
)/"/, Al
Sheet No,
BU -1

s
ZONE 1 PERMANENT
ZONE 1 TEMPORARY
i
� I
—� PROPOSED GREENWAY
\ TRAIL \ _/
A— ZONE 2
a \ ►1 —PERMANENT IMPACTED AREA:
i /► , 7,446 SO. FT. / ► ► /��,��� r °
PROPOSED BRIDGE J /
I
/ZONE BUFFER
I
/ZONE 1 Bo i \ /►►
awZ 1� ► %
V V
--I /
o�O ►► /
(/ ► � N � BUFFER/ /
E28jER/
/
I
LEGEND
7,009 SF (0.161) ZONE 2 PERMANENT 7,446 SF (0.171)
EX. TOP OF BANK i'A
NONE ZONE 2 TEMPORARY — NONE
°
LIMITS OF DISTURBANCE
ZONE 1
PERMANENT IMPACTED AREA:
7,009 SO. FT.
PROPOSED GREENWAY,
PHASE 1
z
0
I
i
,I
1
.I
V'
N t—
W W 11
L CL
1'
0
GRAPHIC SCALE
50 0 25 50 100
1 inch = 50 ft.
No.1 Revision I Date I by 111 De „..... I 5ca1e III CRABTREE CREEK GREENWAY RIPARIAN BUFFER IMPACT
W &R 3/26/15 SHOWN WITHERS & RAV E N E L
Drawn BY Dam
PM
C,,erker,BY ,�,b"021302. PHASE 2 EXHIBIT 1 ENGINEERS 1 PLANNERS I SURVEYORS
W$R 0.00 Car Wake Count North Carolina 115M,Kew Dm, Cary, North C„wlina 27511 trl. 9,9-0641340 9,44676008 withersraveneLmm