20090136 Ver 10_00_DunnPh3_PCN Cover Letter_20230825

Kimley»>Horn
August 25, 2023
Mr. Dicky Harmon
U.S. Army Corps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
Mr. Rob Ridings
NC Division of Water Resources
401 & Buffer Transportation Permitting Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
RE: Nationwide Permit 14 Application Package
Dunn Creek Greenway — Phase 111 (SAW-2017-02221)
Wake County, North Carolina
Dear Mr. Harmon and Mr. Ridings:
On behalf of our client, the Town of Wake Forest, Kimley-Horn is submitting the attached application for
authorization under Nationwide Permit (NWP) #14 and corresponding Individual 401 Water Quality
Certifications for the Dunn Creek Greenway — Phase III project located in Wake County, North Carolina.
The project was previously permitted with the USACE and NCDWR under Nationwide Permit (NWP) 14,
issued February 21, 2018. The permit was then reauthorized by the USACE and the NCDWR, which
included a modification to Impact Site 1, under NWP 14, issued February 5, 2021 (SAW-2017-02221) and
a 401 Individual Water Quality Certification with Neuse River Basin Riparian Buffer Authorization on
March 4, 2021 (DWR# 20090136 ver 8). In anticipation of the project not being able to complete
construction prior to expiration of existing NWP, and since the plans have been updated, the project is
now requesting to be authorized under NWP 14 again. The issued permit approvals and authorizations
referenced above have been attached as part of this permit application package. As previously permitted,
the proposed project consists of the installation of approximately 1.7 miles of greenway beginning at the
northern terminus of Phase 2 of the Dunn Creek Greenway, which is currently under construction, and
continuing north to Juniper Avenue. In addition, the proposed project would also construct spur trails to
Ailey Young Park, Wildflower Ridge Road, Seventh Street, and along Wait Avenue to Traditions Grande
Boulevard. Since the previous permit, the proposed project plans have been updated to include slight
adjustments to the grading limits associated with the greenway alignment and minor tweaks to the limits
of disturbance.
Additionally, a small portion of the Dunn Creek Greenway — Phase III project overlaps with the previously
constructed Ailey Young Park Dam and Stream Restoration project (SAW-2018-01206; DWR# 18-0815),
and Buffer Impact Sites 15 and 17 and Stream Impact Site 8 were partially constructed. The Ailey Young
Park Dam and Stream Restoration project restored stream S9 with natural channel design techniques,
breached the failing dam, and restored a pond (OW1) to floodplain wetland (wetland W2) to improve the
water quality along the reach of the Dunn Creek watershed and the experience of the users for the
proposed Dunn Creek greenway. As a result, stream S10 is no longer present and two new wetlands (W3

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and W4) were identified along S9 in the restored reach. Therefore, the previously permitted Stream
Impact Site 7 no longer exists. As part of the Ailey Young project, a haul road was constructed for the
stream restoration project and four culverts were permanently installed under the haul road in accordance
with the Dunn Creek Greenway — Phase III culvert designs in these locations. These culverts will be
retained as part of the greenway project, where two of the culverts result in no impacts to any
jurisdictional features and two of the culverts are located at the previously authorized impact sites listed
above with riparian buffer impacts only.
The project was previously delineated by Kimley-Horn in October 2016. Since a small portion of the Dunn
Creek Greenway — Phase III project overlaps with the previously constructed Ailey Young Park Dam and
Stream Restoration project, as mentioned above, Kimley-Horn re -delineated the project on July 6, 2023.
Stream S9 was observed to be restored and re-channelized, stream S10 is no longer present, OW1 was
observed to be converted to wetland W2, and two new wetlands (W3 and W4) were identified along S9 in
the restored reach (see attached Figure 3).
Impacts to streams, wetlands, and regulated buffer zones were avoided and minimized where possible
throughout project by careful and intentional design. Wetlands found to occur within the corridor were
completely avoided. Stream crossings were aligned to be near perpendicular crossings to minimize
impact footprints to streams and riparian buffers. Bridges will be installed at the larger stream crossings
over Dunn Creek and S9 to avoid impacts to the main channels. In addition, the final alignment was
intentionally located within existing, maintained sewer easement to the extent practical in order to avoid
unnecessary additional clearing of riparian buffers and additional impacts to surrounding streams already
crossed by the utility easement.
No impacts to wetlands are proposed as part of the greenway project. However, temporary stream
impacts to Dunn Creek and its tributaries will result from the temporary construction access required to
construct the greenway trail and install culverts and rip rap near permanent impact sites. All temporary
impacts will be returned to preconstruction contours and conditions upon completion of the project.
Permanent impacts to stream S4 at Stream Impact Site 9, S9 at Stream Impacts Sites 5 and 6, and S11
at Stream Impact Site 4 will result from the installation of new culverts under the greenway. Permanent
impacts to stream S7 at Stream Impact Site 1 and S9 at Stream Impact Site 3 will result from the
extension of existing culverts. Compensatory mitigation has been proposed for the 155 linear feet of the
permanent stream impacts resulting from new culverts or culvert extensions. Permanent impacts to Dunn
Creek at Stream Impact Site 2, S7 at Stream Impact Site 1, S9 at Stream Impact Sites 3, 5, and 6, and
S11 at Stream Impact Site 4 will result from installation of rip rap stabilization for outlet protection. The rip
rap will be keyed into the bank to ensure no loss of waters results from the rip rap stabilization. As a result
of the Ailey Young Park Dam and Stream Restoration project, stream S10 is no longer present, and the
previously permitted Stream Impact Site 7 no longer exists.
The proposed project will construct a greenway path along an existing sewer easement adjacent to Dunn
Creek and Stream S9 (UT to Dunn Creek). Unavoidable permanent Neuse River Basin Buffer Zone 1 and
Buffer Zone 2 (BZ2) impacts will result in locations where these streams and their tributaries are crossed,
or where other constraints prevented construction outside of the riparian buffers. Temporary buffer impact
areas will be re -seeded or re -planted to return temporary disturbance areas to pre -construction conditions
upon completion of the project. Compensatory mitigation is not proposed for impacts to Neuse River
Basin riparian buffers as a result of this greenway project. According to the Neuse River Basin Riparian

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Buffers Table of Uses, these riparian buffer impacts as a result of the greenway system are considered
"allowable upon authorization" since the "built upon area is added to the riparian buffer, equal to or less
than 10 feet wide with two foot wide shoulders".
Stream impact amounts have been input into the ePCN as a whole number. However, total stream
impacts for compensatory mitigation were calculated using exact stream impact amounts as reflected in
the separate Stream Impacts Table and Permit Impact Drawings attached as part of this permit
application. The project proposes to provide compensatory mitigation credits at a 2:1 ratio for the 155
linear feet of permanent stream impacts resulting from new culvert installations or culvert extensions. To
offset these losses, 310 stream credits have been reserved through the EBX-Neuse I, LLC sponsored
Neu -Con Wetland & Stream Umbrella Mitigation Bank, provided from the Bucher Site, and through the
Restoration Systems, LLC sponsored Milburnie Dam Mitigation Bank. The Statement of Availability from
the mitigation banker has been included as part of this application package.
To assist with the processing of this application, the following information is included:
• ePCN Application Form
• Stream Impacts Table
• Buffer Impacts Table
• Signed Agent Authorization Form
• Project Figures
• Mitigation Bank Statements of Availability
• Previous Permit Verifications
• Permit Impact Drawings
• Plan Sheets
If there is any additional information you need to assist in the processing of this NWP application, please
do not hesitate to contact me at [phone] or Mackenzie. Richards @ Kim ley-Horn.ccm.
Sincerely,
Mackenzie Richards, PWS
Kimley-Horn & Associates, Inc.
Attachments