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HomeMy WebLinkAbout20150995 Ver 1_401 Application_20150915Kimley > >>H rn September 24, 2015 Mr. James Lastinger US Army Corps of Engineers Raleigh Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 Ms. Karen Higgins NC Division of Water Resources 401 & Buffer Permitting Unit 512 North Salisbury Street Raleigh, NC 27604 G°�l°Q�D ��@Cp WIN D SEP 2 5 2015 DENR - WATER RESOURCES 401 & BUFFER PERMITTING RE: Nationwide Permit 18 Application — Town of Fuquay - Varina 2 0 1 5 0 9 9 5 Park Depot Greenway Trail, Fuquay- Varina, Wake County, North Carolina Dear Ms. Higgins and Mr Lastinger: On behalf of our client, the Town of Fuquay- Varina, Kimley -Horn is submitting the attached application for authorization under Nationwide Permit (NWP) 18 for the above referenced project. The town of Fuquay - Varina proposes to construct a 10 -foot wide asphalt and timber boardwalk greenway with 2 -foot wide grassed shoulders. The greenway will be approximately 2000 -feet long, of which 400 -feet will be timber boardwalk. The proposed greenway will connect Honeycutt Park to an existing greenway east of NC 55. Kimley -Horn conducted a field reconnaissance within the project corridor on March 18, 2015 and identified one perennial stream (SA) and one wetland (WA) within the project corridor. Stream SA has been heavily impounded by numerous beaver dams A buffer determination was issued for the project by James Graham of the NC Division of Water Resources (NCDWR) on June 5, 2015 (NBRRO #15 -228). A preliminary jurisdictional determination request is included with this application. Impacts to jurisdictional features have been minimized to the greatest extent practical, and boardwalks will be used to avoid stream impacts and to minimize wetland impacts. Minor buffer and wetland impacts will result from the proposed project, but overall the project will improve protection and public appreciation for these environmentally sensitive areas. The following information is included as part of the application: • PCN Application Form • Preliminary Jurisdictional Determination Request • Signed Agent Authorization Letters • Stream and Wetland Data Forms • Vicinity Map • USGS Topographic Map . ` ni e - horn.com; y ... <- ., • Jurisdictional Features Map • USDA/NRCS Soil Survey Map • Wake County Property Parcels Map • Permit Drawings • Plan Sheets • NCDWR 401 Application Fee of $240 Kimley »>Horn Page 2 If you have any questions or need any additional information, feel free to contact me at 919 - 677 -2104 or Ross.SuIlivan @Kimley - Horn.com. Sincerely, Ross Sullivan Attachments Cc. Tracy A. Stephenson, Town of Fuquay - Varina Erin Thompson, Kimley -Horn O,C WArFq p OG ti 4 � EZ It Office Use Only Corps action ID no DWQ project no Form Version 1.3 Dec 10 2008 Pre - Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps ®Section 404 Permit El Section 10 Permit 1b. Specify Nationwide Permit (NWP) number 18 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes 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 For the record only for DWQ 401 because written approval is not required? Certification: ❑ 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. 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h Tracy Stephenson below. applicable): 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? 2. Project Information City, state, zip: 2a. Name of project: Park Depot Greenway 2b. County Wake 2c. Nearest municipality / town: Fuquay - Varina 2d. Subdivision name. N/A 2e. NCDOT only, T I P. or state TIP U- 5530GA project no: 3. Owner Information /t For the record only for Corps Permit: ❑ Yes ® No ❑ Yes ® No ❑ Yes ❑ Yes 3a. Name(s) on Recorded Deed: Town of Fuquay Varina (easement will be acquired) 3b. Deed Book and Page No. Deed book: 008042 Deed page: 00845 3c. Responsible Party (for LLC if Tracy Stephenson applicable): 3d. Street address: 401 Old Honeycutt Road 3e. City, state, zip: Fuquay - Varina, NC 27526 3f. Telephone no.: 919 - 753 -1039 3g. Fax no : 3h. Email address: tstephenson @fuquay - varina.org /1 M Page 1 of 10 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ® Agent ❑ Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Ross Sullivan 5b. Business name (if applicable): Kimley -Horn 5c. Street address: 3001 Weston Parkway 5d. City, state, zip: I Cary, NC 27513 5e. Telephone no.: 1 919 - 677 -2104 5f. Fax no.: 1 919 - 677 -2050 5g. Email address- I ross.sullivan @kimley -horn com B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID) 1 b. Site coordinates (in decimal degrees): 1 c. Property size: 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to proposed project. 2b. Water Quality Classification of nearest receiving water: 2c. River basin: 0676069453 ,0676150431,0676340956 Latitude: 35.578551 Longitude: -78.758607 (DD DDDDDD) ( -DD DDDDDD) 2.37 acres Black Creek B, NSW l Neuse Page 2 of 10 PCN Form — Version 1.3 December 10, 2008 Version 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: A majority of the project corridor is currently forested and undeveloped. The northernmost portion of the corridor is within a municipal park and the corridor crosses a sewer easement and NC 55. The general land use in the vicinity of the project consists of large patches of forest and agricultural fields with areas of low to high density residential housing and some commercial /industrial development. 3b. List the total estimated acreage of all existing wetlands on the property - 0.44 acres 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 83 linear feet of perennial stream (stream SA) 3d. Explain the purpose of the proposed project: The proposed project will construct a greenway trail that will connect an existing asphalt path in Honeycutt Park to the existing Park Depot Greenway Trail located on the east side of NC 55 to provide greater access and connectivity between residential areas and park facilities. 3e. Describe the overall project in detail, including the type of equipment to be used: The proposed project will construct a 10 -foot wide asphalt and timber boardwalk greenway with 2 -foot wide grassed shoulders. The greenway will be approximately 2,000 linear feet, of which 400 linear -feet will be timber boardwalk with one crossing over a tributary to Black Creek. A majority of the wetlands will be crossed using a boardwalk to minimize impacts. The portions of the greenway in upland areas will consist of a paved path. The greenway will begin at the existing asphalt path at Honeycutt Park and end at the existing Park Depot Greenway Trail located on the east side of NC 55. There will be a midblock crossing at NC 55. Typical roadway construction equipment will be used, including cranes, track hoes, back hoes, graders, dump trucks, and bulldozers. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? Comments: James Graham from NCDWR issued a Buffer Determination for the project corridor on June 5, 2015 ® Yes ❑ No ❑ Unknown (NBRRO #15 -228). A preliminary jurisdictional determination (PreJD) request was submitted to the USACE on May 6, 2015 and an updated PreJD request is being submitted with this document. 4b. If the Corps made the jurisdictional determination, what type E:1 Preliminary [:1 Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency /Consultant Company- Kimley -Horn Name (if known). Ross Sullivan Other: N/A 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. James Graham from NCDWR issued a Buffer Determination for the project corridor on June 5, 2015 (NBRRO #15 -228). 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. N/A 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. N/A Page 3 of 10 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 f for each wetland area impacted. 2a. 2b. 2c. 2 2d. 2 2e. 2f. Wetland impact T Type of jurisdiction number — Type of impact Type of wetland F Forested ( (Corps - 404, 10 Area of impact Permanent (P) or (if known) D DWQ — non -404, other) (acres) Temporary (T) Site 2 (WA) Greenway ® ® Yes ® ® Corps ® P ❑ T Construction P ❑ No E El DWQ 2g. Total wetland impacts 0 0.03 2h. Comments: The permanent wetland impacts resulting from construction of t the greenway project involve the placement of a culvert and fill material. The culvert will maintain connectivity beneath the greenway path. Impacts to the larger stream and wetland system were avoided by use of 400 feet of boardwalk. 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. 3 3d. 3 3e. 3f. 3g. Stream impact Type of impact Stream name P Perennial T Type of jurisdiction Average Impact number - ( (PER) or ( (Corps - 404, 10 stream length Permanent (P) or i intermittent D DWQ — non -404, width (linear Temporary (T) ( (INT)? o other) (feet) feet) S1 ❑ P ❑ T ❑ ❑ PER ❑ ❑ Corps ❑ INT ❑ ❑ DWQ S2 ❑ P ❑ T ❑ ❑ PER ❑ ❑ Corps ❑ INT ❑ ❑ DWQ S3 ❑ P ❑ T ❑ ❑ PER ❑ ❑ Corps ❑ INT ❑ ❑ DWQ S4 ❑ P ❑ T ❑ ❑ PER ❑ ❑ Corps ❑ INT ❑ ❑ DWQ S5 ❑ P ❑ T ❑ ❑ PER ❑ ❑ Corps ❑ INT ❑ ❑ DWQ ❑ PER ❑ S6 ❑ P FIT orps ❑ INT ❑ DWQ 3h. Total stream and tributary impacts 3i. Comments: No stream impacts will result from the proposed construction. Stream SA will be crossed by the boardwalk and four pilings will be placed within the stream. However, these pilings will be suficiently spaced as to not impede flow within the stream channel. Page 4 of 10 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 ❑P ❑T O4 ❑P ❑T 4f. Total open water impacts 4g. Comments: No open water impacts will result from the proposed construction. 5. Pond or Lake Construction If pond or lake construction proposed, then 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 I Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 5g. Comments: No ponds or lakes will be constructed as a result of the proposed construction. 5h. Is a dam high hazard permit required? ❑ Yes 0 N If yes, permit ID no: 5i. Expected pond surface area (acres): N/A 5j. Size of pond watershed (acres): N/A 5k. Method of construction: N/A 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 El Tar-Pamlico ❑Other: Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number - Reason for Buffer Zone 1 impact Zone 2 impact Permanent (P) impact Stream name mitigation (square feet) (square feet) or Temporary required? (T) Site 1 Greenway ® P T Construction ❑ UT to Black Creek ® Yes s 2623 2216 Site 3 Greenway UT to Black Creek El Yes 1104 ® P ❑ T Construction ® No 6h. Total buffer impacts I 2623 3320 6i. Comments. Portions of the protected riparian buffer of a UT to Black Creek will be impacted due to the construction of the greenway path. The buffer impact at Site 1 includes the placement of a stormwater pipe within an existing conveyance and rip Page 5 of 10 PCN Form - Version 1.3 December 10, 2008 Version rap outlet protection. The proposed stormwater pipe is piping an existing stormwater conveyance in its current location and the flow and capacity of the conveyance will not change. D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Impacts to streams and wetlands were mostly avoided through a combination of selecting a corridor alignment that avoided streams and wetlands to the extent practical and by using 400 feet of boardwalk to cross the large beaver impounded stream and adjacent wetlands The one stream crossing location was intentionally located where a perpendicular crossing was feasible to minimize impacts to the stream and associated riparian buffers. Four support pilings are proposed to be placed within stream SA, however, these pilings will be sufficiently spaced in a manner that does not impede flow. Wetland impacts will occur where the proposed greenway alignment perpendicularly crosses a linear wetland finger that extends south from wetland WA (Site 2) Due to the use of a boardwalk path the poposed greenway will only impact 0.03 acres of wetland. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Impacts to streams and wetlands within the corridor will be minimized to the extent practical throughout the construction process by avoiding stream and wetland features wherever possible. Where feasible, staging and construction access routes will be located in upland areas throughout the corridor. Top -down construction will be utilized to build the boardwalk crossing to avoid impacts to the wetland system. Tree protection fencing, silt fencing, and other standard Best Management Practices (BMPs) and measures will be used throughout the construction process to minimize impacts to downstream receiving waters and minimize runoff from the construction sites. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for ❑ Yes ® No impacts to Waters of the U.S. or Waters of the State? 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps ❑ Mitigation bank 2c. If yes, which mitigation option will be used for this project? ❑ Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) 3c. Comments. 4. Complete if Making a Payment to In -lieu Fee Program 4a Approval letter from in -lieu fee program is attached. 4b. Stream mitigation requested 4c. If using stream mitigation, stream temperature: 4d. Buffer mitigation requested (DWQ only): 4e. Riparian wetland mitigation requested: 4f. Non - riparian wetland mitigation requested: 4g. Coastal (tidal) wetland mitigation requested- 4h. Comments, Type I Quantity ❑ Yes linear feet ❑ warm ❑ cool square feet acres 5. Complete if Using a Permittee Responsible Mitigation Plan acres acres ❑cold 5a If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 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 ❑ Yes ® No buffer mitigation? 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. 6c. Zone Reason for impact Zone 1 Zone 2 6d Total impact Multiplier (square feet) 3 (2 for Catawba) 1.5 6f. Total buffer mitigation required: 6e Required mitigation (square feet) i o i 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). Buffer mitigation is not required for the unavoidable buffer impacts resulting from the proposed greenway project. 6h. Comments: Per the Neuse River Basin riparian buffer rules, impacts to protected riparian buffers resulting from greenway construction are "allowable ". As such, no mitigation is required for the proposed riparian buffer impacts. 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: For the most part, stormwater will not be collected, but allowed to sheet - flow off the path. Typically, where it is being collected, it will be conveyed in grass swales. Most collected stormwater will be on the upslope side to bypass offsite ® Yes ❑ No runoff around the trail. Additionally, there is one location where offsite runoff will be bypassed beneath the path into an existing conveyance without modifying the capacity of that conveyance. NOTE- Please see the attached Erosion Control Drawings to see the most detailed information of measures to handle stormwater. Page 7 of 10 PCN Form — Version 1.3 December 10, 2008 Version 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 29.8% 2b. Does this project require a Stormwater Management Plan? ® Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why. N/A 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: The SMP is currently under review by the Town of Fuquay - Varina. All stormwater will be allowed to sheet flow off the proposed path or it will be collected in existing conveyances. There will be no new conveyances through the buffer. 2e. Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? 3b. Which of the following locally - implemented stormwater management programs apply (check all that apply): 3c. Has the approved Stormwater Management Plan with proof of approval been attached? 4. DWQ Stormwater Program Review 4a. Which of the following state - implemented stormwater management programs apply (check all that apply): 4b. Has the approved Stormwater Management Plan with proof of approval been attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? 5b. Have all of the 401 Unit submittal requirements been met? ® Certified Local Government ❑ DWQ Stormwater Program ❑ DWQ 401 Unit Fuquay - Varina ® Phase II ® NSW ❑ USMP ❑ Water Supply Watershed ❑ Other: ❑ Yes ® No ❑ Coastal counties ❑ HQW ❑ ORW ❑ Session Law 2006 -246 ❑ Other: ❑ Yes ® No ® Yes ❑ No ® Yes ❑ No Page 8 of 10 PCN Form — Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. 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)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) ❑ Yes ®No Comments: It is anticipated that the project will qualify for a Programmatic Categorical Exclusion and approval is pending. 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)? I 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): n/a 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy If you answered "no," provide a short narrative description. The proposed project will not result in additional development. The proposed greenway will serve existing communities and connect existing public locations with safe and dedicated pedestrian routes. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non- discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. The proposed project will not generate wastewater. Page 9 of 10 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 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 ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? According to the NC Natural Heritage Program Element Occurrence records (updated July 2015), no known occurrences of any federally threatened or endangered species are located within the project area. There are no element occurences of federally threatened or endangered species within 1 0 mile of the project area. Based on field reviews by Kimley -Horn biologists in June 2015, suitable habitat is not present within the project area for red - cockaded woodpecker or dwarf wedgemussel. Suitable habitat is present for Michaux's sumac along forest edges and cleared areas within the project corridor, but no occurrences of the plant were observed within the project corridor during a pedestrian survey conducted by Kimley -Horn biologists on June 4, 2015. Summer roosting habitat is present for northern long -eared bat (NLEB) within the project corridor in trees greater than 3 inches in diameter, therefore the project may effect the NLEB. Based on the minimal ammount of clearing associated with the project and the large swaths of forested area in the vicinity of the project, Kimley -Horn believes that the proposed project may affect, not likely to adversely affect the NLEB or its formally designated critical habitat. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? I ❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? The NOAA Essential Fish Habitat Mapper was reviewed in September 2015. No essential fish habitat was found within the project area or within the vicinity of the project. 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 ❑ Yes ® No Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? The State Historic Preservation Office HPOWeb GIS database was reviewed on September 2015 to determine if any historic resources occurred in the vicinity of the study area. There were no historically significant sites or structures with the project corridor or within 1.0 mile of the project corridor. 8. Flood Zone Designation (Corps Requirement) 8a Will this project occur in a FEMA- designated 100 -year floodplain? I ❑ Yes ® No 8b. If yes, explain how project meets FEMA requirements: N/A 8c. What source(s) did you use to make the floodplain determination? FEMA FIRM Panel 3720067600J Ross Sullivan ql� y/070�5 Applicant /Agent's Printed Name � plic t/Agent's Signature Date (Agent's signature is valid Ifily if an authorization letter from the applicant is provided.) Page 10 of 10 PCN Form — Version 1.3 December 10, 2008 Version AGENT AUTHORIZATION FORM Name �1 �°'' l7r . r / C 6�� Tow A / -P-4o Address: 4 7L va r; KC, 155 2 4 Phone `i 01 Tech l 6 e�hC.1W.1 raw" IEVIIo Adv 9 t S"re`3 "la,� Project Name/Description. Park Depot Greenwav Date: r / -711 5 The Department of the Army U.S. Army Corps of Engineers, Wilmington District Attention: James Lastinger, USACE Field Office: Raleigh Regulatory Field Office Re: Wetland Related Consulting and Permitting To Whom It May Concern: The Town of Fuquay - Varina hereby designates and authorizes Kimley -Horn and Associates, Inc. to act in my /our behalf as my /our agent solely for the purpose of processing Jurisdictional Determinations, Section 404 permits /Section 401 Water Quality Certifications applications, and Neuse River Basin Riparian Buffer Determinations, and to furnish upon request supplemental information in support of applications, etc. from this day forward until successful completion of the permitting process or revocation by the owner. In addition, I, the undersigned, a duly authorized owner of record of the property /properties identified herein, do authorize representatives of the Wilmington Distract, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and /or Section 10 of the Rivers and Harbors Act of 1899. Authorized this the = day of U Adam 6.r"U�r_ �e1( Print Property Owner's N,a/me Cc Karen Higgins NC Division of Water Resources 401 & Buffer Permitting Unit 1650 Mail Service Center Raleigh, NC 27699 -1650 2015— A-,- ropy Owner's Signature AGENT AUTHORIZATION FORM S�,".ss _W . Name: Mr. �. Stephens Address: P.O. Box 392, Fuquay- Varina, NC 27526 -0392 Phone: 865- 300 -8566 Project Name /Description: Park Depot Greenway Trail Date: March 13, 2015 The Department of the Army U.S. Army Corps of Engineers, Wilmington District Attention: James Lastinger, USACE Field Office: Raleigh Re: Wetland Related Consulting and Permitting To Whom It May Concern: I, the current property owner of the "Stephens Property ", Wake County property parcel PIN 0676150431, hereby designate and authorize Kimley -Horn and Associates, Inc. to act in my /our behalf as my /our agent solely for the purpose of processing Jurisdictional Determinations, Section 404 permits /Section 401 Water Quality Certifications applications, and Neuse River Basin Riparian Buffer Determinations, and to furnish upon request supplemental information in support of applications, etc. from this day forward until successful completion of the permitting process or revocation by the owner. In addition, I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and /or Section 10 of the Rivers and Harbors Act of 1899. Authorized this the 2­-, day of %%1at-r'L , � Print Property Owne" s Nam 1�r Cc: Karen Higgins NC Division of Water Resources 401 & Buffer Permitting Unit 1650 Mail Service Center Raleigh, NC 27699 -1650 oia i �cyc� ow Project Corridor Kentucky Tennessee Georgia �0 40 80 mmw= Miles Kimley >Morn sJ I0 2,000 4,000 eP GRANVILLE DURHAM'y soma F d d"6 o^ 8,000 = Feet FRANKLIN NASHI Project Location JOHNSTON Atlantic Ocean LEE / t, 6 12 T P� Miles Figure 1: Vicinity ap Park Depot Greenway Fuquay - Varina, Wake County, NC September 2015 ft"J -r !i j Legend f Feet Project Corridor ,' 0 500 1,000 01 -10 r • x � r • r Y •r • ..CQm 1 ..4 10 w '• ■ • % 0_ -N ++ Kimley > >> Horn Figure 2: USGS Topographic Map (Fuquay - Varina Quad, 1981) Park Depot Greenway Fuquay- Varina.. Wake County, NC September 2015 l: 1 L i. WA SS r• ' - �t,�: ASS - ..L ^`t -'�� .�,• a Legend Project Corridor Kimley)))Horn twl WaA :10 2 No LI ----i Feet 0 350 700 Figure 4: NRCS Soil Survey Map (Wake County, 1970) Park Depot Greenway Fuquay-Varina, Wake County, NC September 2015 R �:k ' 417 r iont Ae _ R - r: btepnens;q rreay bi �ParCel PIN'0106iM Legend Affected Parcels Wake County Parcels (April 2015) Project Corridor Kimley > >> Horn .' r� I 55 ♦ , stn Feet I 0 600 1,200 Figure 5: Wake County Property Parcels Map Park Depot Greenway Fuquay - Varina, Wake County, NC September 2015 Jurisdictional Determination Request US Army Corps of Engineers Wilmington District This form is intended for use by anyone requesting a jurisdictional determination (JD) from the U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting information, as described within each category, with your request. You may submit your request to the appropriate Corps Field Office (or project manager, if known) via mail, electronic mail, or facsimile. A current list of county assignments by Field Office and project manager can be found on -line at: httn: / /www.saw.usace.armv.mil/ Missions /ReaulatorvPermitProiaram.ast)x . by telephoning: 910 - 251 -4633, or by contacting any of the field offices listed below: ASHEVILLE REGULATORY FIELD OFFICE US Army Corps of Engineers 151 Patton Avenue_ Room 208 Asheville. North Carolina 28801 -5006 General Number (828) 271 -7980 Fax Number (828) 281 -8120 RALEIGH REGULATORY FIELD OFFICE US Army Corps of Engineers 3331 Heritage Trade Drive; Suite 105 Wake Forest, North Carolina 27587 General Number. (919) 554 -4884 Fax Number (919) 562 -0421 WASHINGTON REGULATORY FIELD OFFICE US Anr y Corps of Engineers 2407 West Fifth Street Washington; North Carolina 27889 General Number (910) 251 -4610 Fax Number (252) 975 -1399 WILMINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 General Number 910- 251 -4633 Fax Number. (910) 251 -4025 Version: December 2013 Page 1 Jurisdictional Determination Request INSTRUCTIONS: All requestors must complete Parts A, B, C, D, E and F. NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a paying client or your agency, please note the specific submittal requirements in Part G. NOTE ON PART D — PROPERTY OWNER AUTHORIZATION: Please be aware that all JD requests must include the current property owner authorization for the Corps to proceed with the determination, which may include inspection of the property when necessary. This form must be signed by the current property owner to be considered a complete request. NOTE ON PART D - NCDOT REOUESTS: Property owner authorization/notification for JD requests associated with North Carolina Department of Transportation (NCDOT) projects will be conducted according to the current NCDOT/USACE protocols. NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD 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 also request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. Version: December 2013 Page 2 Jurisdictional Determination Request A. PARCEL INFORMATION Street Address: N/A (Linear transportation project) City, State: Fuquay- Varina, North Carolina County. Wake County Directions: See Figure 1: Vicinity Map Parcel Index Number(S) (PIN): Town of Fuquay: 0676069453 and 0676340956 Stephens, Fred L Stephens, Isaac: 0676150431 B. REQUESTOR INFORMATION Name: Mailing Address Telephone Number: Electronic Mail Address Ross Sullivan, Kimley -Horn 3001 Weston Parkway; Cary, INC 27513 919 - 677 -2104 Ross.Sullivan @kimley - hom.com Select one: ❑ I am the current property owner. ❑✓ I am an Authorized Agent or Environmental Consultant ❑ Interested Buyer or Under Contract to Purchase ❑ Other, please explain. C. PROPERTY OWNER INFORMATION Name: Town of Fuquay- Varina, ATTN: Tracy A. Stephenson Mailing Address: 401 old Honeycutt Road Fuquay- Varina, INC 27526 Telephone Number: 919- 753 -1039 Electronic Mail Address 3: ttephenson @fuquay - varina org ❑ Proof of Ownership Attached (e.g. a copy of Deed, County GIS/Parcel /Tax Record data) 1 If available z Must attach completed Agent Authorization Form 3 If available Version: December 2013 Page 3 Jurisdictional Determination Request D. PROPERTY OWNER CERTIFICATION I, the undersigned, a duly authorized owner of record of the property /properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and /or Section 10 of the Rivers and Harbors Act of 1899. Property Owner (please print) Date Property Owner Signature E. JURISDICTIONAL DETERMINATION TYPE Select One: I am requesting that the Corps provide a preliminary JD for the property identified herein. This request does include a delineation. ❑ I am requesting that the Corps provide a preliminary JD for the property identified herein. This request does NOT include a delineation. ❑ I am requesting that the Corps investigate the property /proj ect area for the presence or absence of WoUS' and provide an approved JD for the property identified herein. This request does NOT include a request for a verified delineation. F] I am requesting that the Corps delineate the boundaries of all WoUS on a property /project area and provide an approved JD (this may or may not include a survey plat). ❑ I am requesting that the Corps evaluate and approve a delineation of WoUS (conducted by others) on a property /project area and provide an approved JD (may or may not include a survey plat). 4 For NCDOT requests following the current NCDOT /USACE protocols, skip to Part E. 5 Waters of the United States Version: December 2013 Page 4 Jurisdictional Determination Request F. ALL REQUESTS ❑✓ Map of Property or Project Area (attached). This Map must clearly depict the boundaries of the area of evaluation. ❑✓ Size of Property or Project Area 2.37 acres I y l I verify that the property (or project) boundaries have recently been surveyed and marked by a licensed land surveyor OR are otherwise clearly marked or distinguishable. G. JD REQUESTS FROM CONSULTANTS OR AGENCIES (1) Preliminary JD Requests: Completed and signed Preliminary Jurisdictional Determination Form6. Project Coordinates: 35.578551 Latitude - 78.758607 Longitude Maps (no larger than 11x17) with Project Boundary Overlay: ❑✓ Large and small scale maps that depict, at minimum: streets, intersections, towns Aerial Photography of the project area FVI USGS Topographic Map Z Soil Survey Map Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps) 6 See Appendix A of this Form. From Regulatory Guidance Letter No. 08 -02, dated June 26, 2008 Version: December 2013 Page 5 Jurisdictional Determination Request Delineation Information (when applicable)7: Wetlands: Wetland Data Sheetsg Tributaries: 0 USACE Assessment Forms Upland Data Sheets Z Other Assessment Forms (when appropriate) zLandscape Photos, if taken 7 Field Sketch overlain on legible Map that includes: ■ All aquatic resources (for sites with multiple resources, label and identify) ■ Locations of wetland data points and /or tributary assessment reaches ■ Locations of photo stations ■ Approximate acreage /linear footage of aquatic resources (2) Approved JDs including Verification of a Delineation: ❑ Project Coordinates: Latitude Longitude Maps (no larger than 11x17) with Project Boundary Overlay: ❑ Large and small scale maps that depict, at minimum: streets, intersections, towns ❑ Aerial Photography of the project area ❑ USGS Topographic Map ❑ Soil Survey Map ❑ Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps) 1987 Manual Regional Supplements and Data forms can be found at: htto: / /www.usace.armv.mil/ Missions/ CivilWorks/ ReaulatorvProgramandPermits /ree suoo.asox Wetland and Stream Assessment Methodologies can be found at: htto: / /oortal.ncdenr.oriz/c /document library /eet file ?uuid= 76f3c58b -dab8- 4960- ba43- 45b7faf06f4c &erouold =38364 and, htto: / /www.saw.usace.armv.mil/ Portals/ 59 /docs /regulatory /oublicnotices /2013 /NCSAM Draft User Manual 130318.odf 8 Delineation information must include, at minimum, one wetland data sheet for each wetland /community type. Version: December 2013 Page 6 Jurisdictional Determination Request Delineation Information (when applicable): Wetlands: ❑ Wetland Data Sheets Tributaries: ❑ USACE Assessment Forms ❑ Upland Data Sheets ❑ Other Assessment Forms (when appropriate) ❑ Landscape Photos, if taken ❑ Field Sketch overlain on legible Map that includes: • All aquatic resources (for sites with multiple resources, label and identify) • Locations of wetland data points and /or tributary assessment reaches • Locations of photo stations • Approximate acreage /linear footage of aquatic resources Supporting Jurisdictional Information (for Approved JDs only) ❑ Approved Jurisdictional Determination Form(s) (also known as "Rapanos Form (s) ") ❑ Map(s) depicting the potential (or lack of potential) hydrologic connection(s), adjacency, etc. to navigable waters. 9 Delineation information must include, at minimum, one wetland data sheet for each wetland /community type. Version: December 2013 Page 7 I. Jurisdictional Determination Request REQUESTS FOR CORPS APPROVAL OF SURVEY PLAT Prior to final production of a Plat, the Wilmington District recommends that the Land Surveyor electronically submit a draft of a Survey Plat to the Corps project manager for review. Due to storage limitations of our administrative records, the Corps requires that all hard - copy submittals include at least one original Plat (to scale) that is no larder than 11 "x17" (the use of match lines for larger tracts acceptable). Additional copies of a plat, including those larger than 11 "x17 ", may also be submitted for Corps signature as needed. The Corps also accepts electronic submittals of plats, such as those transmitted as a Portable Document Format (PDF) file. Upon verification, the Corps can electronically sign these plats and return them via e -mail to the requestor. (1) PLATS SUBMITTED FOR APPROVAL ❑ Must be sealed and signed by a licensed professional land surveyor ❑ Must be to scale (all maps must include both a graphic scale and a verbal scale) ❑ Must be legible Must include a North Arrow, Scale(s), Title, Property Information ❑ Must include a legible WoUS Delineation Table of distances and bearings /metes and bounds /GPS coordinates of all surveyed delineation points Must clearly depict surveyed property or project boundaries ❑ Must clearly identify the known surveyed point(s) used as reference (e.g. property corner, USGS monument) ❑ When wetlands are depicted: • Must include acreage (or square footage) of wetland polygons • Must identify each wetland polygon using an alphanumeric system Version: December 2013 Page 8 Jurisdictional Determination Request When tributaries are depicted: • Must include either a surveyed, approximate centerline of tributary with approximate width of tributary OR surveyed Ordinary High Water Marks (OHWM) of tributary • Must identify each tributary using an alphanumeric system • Must include linear footage of tributaries and calculated area (using approximate widths or surveyed OHWM) • Must include name of tributary (based on the most recent USGS topographic map) or, when no USGS name exists, identify as "unnamed tributary" ❑ all depicted WoUS (wetland polygons and tributary lines) must intersect or tie -to surveyed project/property boundaries Must include the location of wetland data points and /or tributary assessment reaches ❑ Must include, label accordingly, and depict acreage of all waters not currently subject to the requirements of the CWA (e.g. "isolated wetlands ", "non - jurisdictional waters "). NOTE: An approved JD must be conducted in order to make an official Corps determination that a particular waterbody or wetland is not jurisdictional. ❑ Must include and survey all existing conveyances (pipes, culverts, etc.) that transport WoUS Version: December 2013 Page 9 Jurisdictional Determination Request (2) CERTIFICATION LANGUAGE F] When the entire actual Jurisdictional Boundary is depicted: include the following Corps Certification language: "This certifies that this copy of this plat accurately depicts the boundary of the jurisdiction of Section 404 of the Clean Water Act as determined by the undersigned on this date. Unless there is a change in the law or our published regulations, the determination of Section 404 jurisdiction maybe relied upon for a period not to exceed five (5) years from this date. The undersigned completed this determination utilizing the appropriate Regional Supplement to the 1987 U.S. Army Corps of Engineers Wetlands Delineation Manual." Regulatory Official: Title: Date: USA CE Action ID No.: When uplands may be present within a depicted Jurisdictional Boundarv: include the following Corps Certification language: "This certifies that this copy of this plat identifies all areas of waters of the United States regulated pursuant to Section 404 of the Clean Water Act as determined by the undersigned on this date. Unless there is change in the law or our published regulations, this determination of Section 404 jurisdiction may be relied upon for a period not to exceed five years from this date. The undersigned completed this determination utilizing the appropriate Regional Supplement to the 1987 U.S. Army Corps of Engineers Wetlands Delineation Manual." Regulatory Official: Title: Date: USACEAction ID No.: Version: December 2013 Page 10 Jurisdictional Determination Request (3) GPS SURVEYS For Surveys prepared using a Global Positioning System (GPS), the Survey must include all of the above, as well as: ❑ be at sub -meter accuracy at each survey point. ❑ include an accuracy verification: One or more known points (property corner, monument) shall be located with the GPS and cross - referenced with the existing traditional property survey (metes and bounds). ❑ include a brief description of the GPS equipment utilized. Version: December 2013 Page 11 ATTACHMENT A PRELIMINARY JURISDICTIONAL DETERMINATION FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD): B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Kimley -Horn, ATTN• Ross Sullivan on behalf of the Town of Fuquay - Varina 3001 Weston Parkway; Cary, NC 27513 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES) State: NC County /parish /borough: Wake county City: Fuquay -Vanua Center coordinates of site ([at/long in degree decimal format): Lat. 35 578551 °N; Long. 78 758607 OW. Universal Transverse Mercator: 17 Name of nearest waterbody: Black Creek Identify (estimate) amount of waters in the review area: Non - wetland waters: 83' linear feet: 4 -5' width (ft) and /or N/A acres. Cowardin Class: Riverine Stream Flow: Perennial (SA) Wetlands: 0.44 acres. Cowardin Class: Palustrine (WA) Name of any water bodies on the site that have been identified as Section 10 waters: Tidal: N/A Non - Tidal: N/A E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ❑ Field Determination. Date(s): SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply - checked items should be included in case file and, where checked and requested, appropriately reference sources below): ❑✓ Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Kimley -Horn ❑ Data sheets prepared /submitted by or on behalf of the applic nt/consultant. Office concurs with data sheets /delineation report. Office does not concur with data sheets /delineation report. ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data ❑ USGS 8 and 12 digit HUC maps ❑✓ U.S. Geological Survey map(s). Cite scale & quad name: Fuquay -vanna (1:24,000) ❑✓ USDA Natural Resources Conservation Service Soil Survey. Citation: Wake County (1970) ❑ National wetlands inventory map(s). Cite name: ❑ State /Local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100 -year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ❑✓ Photographs: ❑✓ Aerial (Name & Date): ESR1 BasemapOrthoimagery (accessed 5i5i2015) or ❑ Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): 0 1. The Corps of Engineers believes that there may be jurisdictional waters of the United States on the subject site, and the permit applicant or other affected party who requested this preliminary JD is hereby advised of his or her option to request and obtain an approved jurisdictional determination (JD) for that site. Nevertheless, the permit applicant or other person who requested this preliminary JD has declined to exercise the option to obtain an approved JD in this instance and at this time. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non - reporting NWP or other general permit, and the permit applicant has not requested an approved JD for the activity, the permit applicant is hereby made aware of the following: (1) the permit applicant has elected to seek a permit authorization based on a preliminary JD, which does not make an official determination of jurisdictional waters; (2) that the applicant has the option to request an approved JD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an approved JD could possibly result in less compensatory mitigation being required or different special conditions; (3) that the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) that the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) that undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes the applicant's acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is practicable; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a preliminary JD constitutes agreement that all wetlands and other water bodies on the site affected in any way by that activity are jurisdictional waters of the United States, and precludes any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an approved JD or a preliminary JD, that JD will be processed as soon as is practicable. Further, an approved JD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331, and that in any administrative appeal, jurisdictional issues can be raised (see 33 C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary to make an official determination whether CWA jurisdiction exists over a site, or to provide an official delineation of jurisdictional waters on the site, the Corps will provide an approved JD to accomplish that result, as soon as is practicable. This preliminary JD finds that there "may be" waters of the United States on the subject project site, and identifies all aquatic features on the site that could be affected by the proposed activity, based on the following information: IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later iurisdictional determinations. 9/21/2015 Signature and date of Signature and date of Regulatory Project Manager person requesting preliminary JD (REQUIRED) (REQUIRED, unless obtaining the signature is impracticable) I Estimated Site amount of Class of aquatic number Latitude Longitude Cowardin Class aquatic resource resource in review area SA 35.578285 - 78.758125 Riverine 83 linear feet WA 35.579360 - 78.759873 Palustrine 0.44 acres 5 non - section 10 — non -tidal non - section 10 — wetland AGENT AUTHORIZATION FORM Name , -Q 6�. 2 S-� i 4(�1 Address: 4 o ( ( 4-1 foal_ � r, n4_1 Ak Z 15°2 C Phone- q1q & ¢ =T� � ? hev4sOd1�T n f `4«Y Project Name/Description Park Depot Greenwav Date: 5-/ -711 The Department of the Army U S. Army Corps of Engineers, Wilmington District Attention: James Lastinger, USACE Field Office: Raleigh Regulatory Field Office Re: Wetland Related Consulting and Permitting To Whom It May Concern- The Town of Fuquay - Varina hereby designates and authorizes Kimley -Horn and Associates, Inc. to act in my /our behalf as my /our agent solely for the purpose of processing Jurisdictional Determinations, Section 404 permits /Section 401 Water Quality Certifications applications, and Neuse River Basin Riparian Buffer Determinations, and to furnish upon request supplemental information in support of applications, etc from this day forward until successful completion of the permitting process or revocation by the owner. In addition, 1, the undersigned, a duly authorized owner of record of the property /properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the U.S. subject to Federal Jurisdiction under Section 404 of the Clean Water Act and /or Section 10 of the Rivers and Harbors Act of 1899. Authorized this the = day of U Adam 6 r"U�c4eff Print Prope Owner's Name Cc: Karen Higgins NC Division of Water Resources 401 & Buffer Permitting Unit 1650 Mail Service Center Raleigh, NC 27699 -1650 ,.2015- ` Prope Owner's Signature AGENT AUTHORIZATION FORM Name: Mr. +reds. Stephens Address: P.O. Box 392, Fuquay - Varina, NC 27526 -0392 Phone: 865- 300 -8566 Project Name /Description: Park Depot Greenway Trail Date: March 13, 2015 The Department of the Army U.S. Army Corps of Engineers, Wilmington District Attention: James Lastinger, USACE Field Office: Raleigh Re: Wetland Related Consulting and Permitting To Whom It May Concern: I, the current property owner of the "Stephens Property ", Wake County property parcel PIN 0676150431, hereby designate and authorize Kimley -Horn and Associates, Inc. to act in my /our behalf as my /our agent solely for the purpose of processing Jurisdictional Determinations, Section 404 permits /Section 401 Water Quality Certifications applications, and Neuse River Basin Riparian Buffer Determinations, and to furnish upon request supplemental information in support of applications, etc. from this day forward until successful completion of the permitting process or revocation by the owner. In addition, I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and /or Section 10 of the Rivers and Harbors Act of 1899. Authorized this the 2-,,s, day of Aa-rL , LIS Print Property Owner's Name a44_ &5Zwk- Cc: Karen Higgins NC Division of Water Resources 401 & Buffer Permitting Unit 1650 Mail Service Center Raleigh, NC 27699 -1650 GRANVILLE Kentucky Virginia u� FRANKLIN i - DURHAM / Tennessee i_ North CHATHAM NASHI Carolina WAKE Project Location I South � Carolina JOHNSTON Georgia �, Atlantic Ocean LEE / 0 40 80 6 12 T % Miles - �� Miles 5 i�' Figure 1: Vicinity Map Kimle > >> Horn Park Depot Greenway Y Fuquay- Varina, Wake County, NC September 2015 1(, V y • 130 � r t, N F Or a Lem -Ma o n& .0 r Legend [� Project Corridor ,\ r 0 Kimley > >> Horn owl r Feet 0 500 1,000 Figure 2: USGS Topographic Map (Fuquay - Varina Quad, 1981) Park Depot Greenway Fuquay- Varina, Wake County, NC September 2015 r : i I w 1' ! e c e= is i of .d .d 1 11 1{ A' �1 lI 1� e � s I w 1' ! e c e= is i of .d .d 1 11 1{ A' �1 lI 1� e � ��e WgA Aa f_.? e, 4x WaB OB -"Wo D No . . . . . . . . . . . . Legend i Feet Project Corridor 0 350 700 L Figure 4: NRCS Soil Survey Map (Wake County, 1970) Kimley)))Horn Park Depot Greenway Fuquay-Varina, Wake County, NC September 2015 ti w Legend Affected Parcels Wake County Parcels (April 2015) Project Corridor Kimley > >> Horn �l 4' Feet 0 600 1,200 Figure 5: Wake County Property Parcels Map Park Depot Greenway Fuquay - Varina, Wake County, NC September 2015 North Carolina Division of Water Quality - Stream Identification Form, Version 4.11 Date: 3/18/2015 Project/Site: Park Depot Greenway Latitude: 35.578773 Stream SA Evaluator: R. Sullivan, : Count Wake Longitude: - 78.75882 C. Evenhouse y g Total Points: 46.5 Stream Determination (cir Other Stream is at least intermittent Ephemeral Intermitte Perennial .g. Quad Name: Fuquay - Varina if z 19 or perennial if ? 30 A. Geomorphology Subtotal = 26.5 Absent Weak Moderate Strong Score �1a. Continuity of channel bed and bank 0 1 2 3 3 2. Sinuosity of channel along thalweg 0 1 2 3 3 3. In- channel structure: ex. riffle -poo), step -pool, ripple- pool sequence 0 1 2 3 3 14. Particle size of stream substrate 0 1 _ 3 2 15. Active /relicfloodplain 0 1 2 3 3 16. Depositional bars or benches 0 1 2 3 3 17. Recent alluvial deposits 0 1 2 3 3 18. Headcuts 0 1 2 3 1 19. Grade control 0 0.5 1 1.5 1 �10. Natural valley 0 0.5 1 1.5 1.5 11. Second or greater order channel No = 0 Yes = 3 3 artificial ditches are not rated, see discussions in manual B. Hydrology Subtotal = 12.5 Presence of Baseflow 0 1 2 3 3 I12. 13. Iron oxidizing bacteria 0 1 2 3 2 114. Leaf litter 1.5 1 0.5 0 1.5 115. Sediment on plants or debris 0 0.5 1 1.5 1.5 116. Organic debris lines or piles 0 0.5 1 1.5 1.5 17. Soil -based evidence of high water table? No = 0 Yes = 3 3 C. Biology Subtotal = 7.5 118. Fibrous roots in streambed 3 2 1 0 3 119. Rooted upland plants in streambed 3 2 1 0 3 120. Macrobenthos (note diversity and abundance) 0 1 2 3 1 121. Aquatic Mollusks 0 1 2 3 0 122. Fish 0 0.5 1 1.5 0 123. Crayfish 0 0.5 1 1.5 0.5 124. Amphibians 0 0.5 1 1.5 0 125. Algae 0 0.5 1 1.5 0 126. Wetland plants in streambed FACW = 0.75; OBL = 1.5; Other = 0 0 (`perennial streams may also be identified using other methods. See p. 35 or manual Notes: Stream SA is a perennial stream with strong baseflow and a natural meander. The stream is somewhat incised throughout. The stream has been impounded heavily by beavers in the western portions of its historic reach with many of the beaver dams appearing old and well - established. The stream becomes a beaver impounded wetland west of the first major beaver dam. There were numerous signs of animals along the reach such as tracks, droppings, and beaver chews. USACE AID# DWQ # Site # (indicate on attached map) M STREAM QUALITY ASSESSMENT WORKSHEET - Provide the following information for the stream reach under assessment: 1. Applicant's name: Town of Fuquay- Varina 2. Evaluator's name: R. Sullivan, C. Evenhouse (Kimley -Horn) 3. Date of evaluation: 03/18/2015 5. Name of stream: Stream SA 7. Approximate drainage area: 286 acres 9. Length of reach evaluated: 1000 linear feet 11. Site coordinates (if known): prefer in decimal degrees. 4. Time of evaluation: 2:30 pm 6. River basin: Neuse 8. Stream order: Third Order 10. County: Wake 12. Subdivision name (if any): N/A Latitude (ex 34 872312): 35.578773 Longitude (ex. -77.556611): - 78.758820 Method location determined (circle): ✓ 3PSQ✓ Topo Sheet✓ Ortho (Aerial) Photo /GIS[DDther GISE10ther 13. Location of reach under evaluation (note nearby roads and landmarks and attach map identifying stream(s) location): Stream SA was evaluated from the culvert inlet off of NC -55 west to the first large beaver dam where the stream becomes impounded. 14. Proposed channel work (if any): None 15. Recent weather conditions: No rain within three days prior to site visit. Though, the preceding months were very wet. 16. Site conditions at time of visit: Sunny and dry with cool temperatures ranging from 40 t0 60 degrees Fahrenheit. 17. Identify any special waterway classifications known: F Section 10 Tidal Waters Essential Fisheries Habitat [Trout Waters Outstanding Resource Waters 0 Nutrient Sensitive Waters [Water Supply Watershed (I -IV) 18. Is there a pond or lake located upstream of the evaluation point? NO If yes, estimate the water surface area: 19. Does channel appear on USGS quad map? YES 20. Does channel appear on USDA Soil Survey? YES 21. Estimated watershed land use: 40 % Residential 30 % Forested 22. Bankfull width: 4 -5' 15 % Commercial % Industrial % Agricultural 15 % Cleared /Logged % Other ( 23. Bank height (from bed to top of bank): 4' 24. Channel slope down center of stream: Flat (0 to 2 %) Gentle (2 to 4 %) [Moderate (4 to 10 %) ,[Steep ( >10 %) 25. Channel sinuosity: ElStraight Occasional bends OFrequent meander ,Very sinuous Braided channel Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality. Total Score (from reverse): 73 Comments: Stream SA is a perennial stream with strong baseflow and a natural meander. The stream is somewhat incised throughout. The stream has been impounded heavilv by beavers in the western portions of its historic reach with manv of the beaver dams appearina old and well - established. The stream becomes a beaver Impounded wetland west of the first maior beaver dam. There were numerous sians of animals along the reach such as tracks. droDDinas. and beaver chews. Evaluator's Signature ` o-q/), Y`t&t,-` /m Date 03/18/2015 This channel evaluation form is intended to be used only as a guide to assist landowners and environmental professionals in gathering the data required by the United States Army Corps of Engineers to make a preliminary assessment of stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a particular mitigation ratio or requirement. Form subject to change — version 06/03. To Comment, please call 919 - 876 -8441 x 26. Stream SA STREAM QUALITY ASSESSMENT WORKSHEET 2 ECOREGION°POINT RANGE # CHARACTERISTICS SCORE Coastal Piedmont Mountain I Presence of flow/'persistent . pools in,stream — ' 5 (no_ flow or saturation = 0; strong flow =_maz_points)° Evidence of past human alteration ° 0 = -6 ° 0 -5 0•-5 4 ____(extensive alteration =0; no alteration =max points) 3 a ° -_ Riparian zone ° ": ° 0 = 6' 0 °°— 4 0 — 5 ° ,. 5 (no buffer= o; contiguous, wide buffer= max points)'. 4e Evidence of nutrient or-chemical discharges ° ` ° ° - °0 -5 ,., -;4 ° A =.4 5 (extensive discharges =A, no_ discharges = max points) -0 a 5 Groundwater discharge ° I -° 0 =3° ­0 =4 0 -4 3 dl° (uo discharge'— 0; springs, seeps, wetlands, etc. = max points) ,..� 6 Presence of adjacent floodplain a ° 0 — 4 , , 0-4 A - 2 4 _ (no floodplain_= 0; extensive =max points) , Entrenchment / floodplain access . ° _(deeply entrenched °_0;_frequen_t; ;flooding = inax points) _ 0; 5 0 = -4 ,° 0 -2 3 8 Q o Presence of adjacent wetlands I 0-6 I 0° 4 0— 2° I 5 __(no wetlands = 0; large adjacent wetlands = max points)--- g e: Channel sinuosity 0- -5 °° o:, 0 -4 0 -3 4 _(extensive cfiannelization "= 0; natural' meander =max points)_ ° 8 0° Sediment °input _(extensive deposition= 0; little or no_sediment = max points) 3 11 B ° Size & diversity °of channel bed substrate ° NA*, 0 -4 0 -5° NA _(fine, homogenous _° 0; large,_diver"se sizes 'max points)_ °°Evidenece of °channel incsion or widening 0 -5 ° 0 -4 ° 0 -5 3 .(deeply incised=' 0; stable bed &_banks = max p oints ) - 13 Presence of major bank failures 0 -51: ®° 0_5 r° � 0 -5 °a, ° 3 a� " :_ °(severe erosion = 0;_ no erosion, °stable banks =max points) ` ° .� 14 ('" I' o Root depth and density on banks" 0 -3 ° 0 —.4 0 -5 3 E„ ` __(no` visible- roots ='0; dense °roots throughout = max points) a ° 15 Impact by agriculture,- livestock, or timber production 0 -5. ° 0 =4 .e.0 -5 4 - _,(subaiantialimpact. =o; no evidence= max-points) -`° 16 Presence of riffle - pool /ripple -pool complexes • °r°iffles -.0 -3 °° 0 -s5 0 -6 3 (no /ripples or pools = 0; well - developed, = -max points) Habitat complexity � 17 (littl_e or n& habitat = 0;-frequent, varied habitats = max points) 0 — "6 � 0 -6 . 0 -6 °ne ° 5 �• 18 ( a °° Canopy coverage over streambed e° I 1 00 -5 .. 0-5 0 -5 5 x ,° __(no shading vegetation -- 0; °continuous canopy _= max points)„ - 19 Substrate embeddedness P ° I a NA* 0-4 ° 0-4 o NA (deeply embedded = 0; loose."structure ° max) : ° ° °20 Presence of stream invertebrates (see page 4) 0-4 0 =°5 -,0 1 - (no evidence = 0; common, numerous types = max points)- ° ° Presence-of amphibians 'O no evidence - 0;- coinmon,_nwnerous_ types = max points)_ a O 22, a r Presence of fish (no evidence = 0; common, numerous types = max points) 0 -4 �. 0 =:,4 . • °:0 -4° Q 23 _ _ Evidence of wildlife use° B 0 -6 0 -5 0 -5 5 (no_ evidence =_O; abundant evidence, = -max.points) _ . _ • Total Points Possible I 100 100 TOTAL SCORE (also _enter on first page)' 73 * These characteristics are not assessed in coastal streams. 2 WETLAND DETERMINATION DATA FORM — Atlantic and Gulf Coastal Plain Region Project/Site: Park Depot Greenway City/County: Fuquay - Varina /Wake Sampling Date: 03/18/2015 Applicant/Owner: Town of Fuquay - Varina State: NC Sampling Point: WA -UP Investigator(s). R. Sullivan, C. Evenhouse (Kimley -Horn) Section, Township, Range: Middle Creek Landform (hillslope, terrace, etc ): Hillslope Local relief (concave, convex, none): None Slope ( %) 5% Subregion (LRR or MLRA): LRR P Lat: 35.580383 Long: - 78.760635 Datum: NAD 1983 Soil Map Unit Name. Wagram loamy sand NWI classification: None Are climatic / hydrolo is conditions on the site typical for this time of year? Yes © No = (If no, explain in Remarks.) Are Vegetation Soil Eor or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes ©No= Are Vegetation Soil Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes ✓ No Is the Sampled Area � Hydric Soil Present? Yes No ✓ within a Wetland? Yes F_1 No I Wetland Hydrology Present? Yes No ✓ Remarks The upland data form is approximately 40 feet east from and 4 feet higher in elevation than the wetland data form location. The upland data point is on a hill side next to a soccer field. HYDROLOGY Wetland Hydrology Indicators: Primary Indicators (minimum of one is reouired. check all that aoDly) _ Surface Water (Al) _ Aquatic Fauna (B13) _ High Water Table (A2) _ Marl Deposits (B15) (LRR U) _ Saturation (A3) Hydrogen Sulfide Odor (Cl) _ Water Marks (131) _ Oxidized Rhizospheres along Living Roots (C3) _ Sediment Deposits (132) _ Presence of Reduced Iron (C4) _ Drift Deposits (63) _ Recent Iron Reduction in Tilled Soils (C6) — Algal Mat or Crust (134) _ Thin Muck Surface (C7) Iron Deposits (85) `Other (Explain in Remarks) _ Inundation Visible on Aerial Imagery (B7) Water- Stained Leaves (139) Field Observations: Surface Water Present? Yes No 91 Depth (inches) Secondary Indicators (minimum of two reouired) Surface Sod Cracks (136) _ Sparsely Vegetated Concave Surface (138) _ Drainage Patterns (1310) Moss Trim Lines (616) _ Dry- Season Water Table (C2) _ Crayfish Burrows (C8) _ Saturation Visible on Aerial Imagery (C9) _ Geomorphic Position (D2) _ Shallow Aquitard (D3) ® FAC- Neutral Test (135) Sphagnum moss (D8) (LRR T, U) Water Table Present? Yes No Depth (inches): > 15" Saturation Present? Yes No ✓ Depth (inches): > 15 if Wetland Hydrology Present? Yes a No ,l (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: No wetland hydrology indicators were present at the upland data point. Neither the water table nor saturated soil was observed at the data point. US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region – Version 2.0 VEGETATION (Four Strata) — Use scientific names of plants. Sampling Point: WA -UP US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region —Version 2 0 Absolute Dominant Indicator Dominance Test worksheet: Tree Stratum (Plot size: 30' radius % Cover Species? Status Number of Dominant Species 5 1 Pinus taeda 25% Y FAC That Are OBL, FACW, or FAC (A) 2. Liquidambar styraciflua 20% Y FAC Total Number of Dominant 6 3 Species Across All Strata: (B) 4. Percent of Dominant Species 83'3% 5. That Are OBL, FACW, or FAC: (AtB) 6. 7 Prevalence Index worksheet: 8 Total % Cover of: MultiDIv bv: 45% = Total Cover OBL species x 1 = 50% of total cover: 22.5% 20% of total cover. 90/0 FACW species x 2 = SaDlina/Shrub Stratum (Plot size: 15 ' radius ) FAC species x 3 = 1 Liquidambar styraciflua 10% Y FAC FACU species x 4 = 2. Baccharis halimifolia 10% Y FAC UPL species x 5 = 3. Column Totals, (A) (B) 4. Prevalence Index = B/A = 5. Hydrophytic Vegetation Indicators: 6. _ 1 - Rapid Test for Hydrophytic Vegetation 7. X 2 - Dominance Test is >50% 8. 3 - Prevalence Index is :53.0' 20% = Total Cover _ _ Problematic Hydrophytic Vegetation' (Explain) 50% of total cover. 10% 20% of total cover 40/n Herb Stratum (Plot size- 5' radius ) 'Indicators of hydric soil and wetland hydrology must 1. Festuca sp 90% Y NI be present, unless disturbed or problematic 2, Rubus arQutus 10% N FAC Definitions of Four Vegetation Strata: 3. Tree — Woody plants, excluding vines, 3 in (7 6 cm) or 4. more in diameter at breast height (DBH), regardless of 5 height. 6. Sapling /Shrub —Woody plants, excluding vines, less 7 than 3 in DBH and greater than 3 28 ft (1 m) tall. 8. Herb — All herbaceous (non - woody) plants, regardless 9. of size, and woody plants less than 3.28 ft tall. 10. Woody vine — All woody vines greater than 3.28 ft in 11 height. 12 100% = Total Cover 50% of total cover 50% 20% of total cover: 20% Woodv Vine Stratum (Plot size: 30' radius ) 1. Lonicera japonica 15% Y FACU 2 3. 4. 5 15% =Total Cover Hydrophytic Vegetation 121 50% of total cover: 7.5% 20% of total cover: 3% Present? Yes No Remarks- (If observed, list morphological adaptations below) None of the plants observed in the upland area had morphological adaptations that would indicate a wetland environment. US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region —Version 2 0 SOIL Sampling Point: WA -UP Profile Description: (Describe to the depth needed to document the Indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type' Loc` Texture Remarks 0 -15" 10YR 5/4 1000/0 Sandy loam 'Type: C= Concentration, D= Depletion, RM= Reduced Matrix, MS= Masked Sand Grains. Location: PL =Pore Lining, M= Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Soils': Histosol (Al) Polyvalue Below Surface (S8) (LRR S, T, U) 1 cm Muck (A9) (LRR O) Histic Epipedon (A2) Thin Dark Surface (S9) (LRR S, T, U) 2 cm Muck (A10) (LRR S) Black Histic (A3) Loamy Mucky Mineral (F1) (LRR O) Reduced Vertic (F18) (outside MLRA 150A B) Hydrogen Sulfide (A4) e Loamy Gleyed Matrix (F2) Piedmont Floodplain Soils (F19) (LRR P, S, T) Stratified Layers (A5) _ Depleted Matrix (F3) Anomalous Bright Loamy Soils (F20) Organic Bodies (A6) (LRR P, T, U) Redox Dark Surface (F6) (MLRA 1536) 5 cm Mucky Mineral (A7) (LRR P, T, U) _ _ Depleted Dark Surface (F7) Red Parent Material (TF2) Muck Presence (A8) (LRR U) _ Redox Depressions (F8) Very Shallow Dark Surface (TF12) 1 cm Muck (A9) (LRR P, T) Marl (F10) (LRR U) Other (Explain in Remarks) Depleted Below Dark Surface (A11) Depleted Ochric (F11) (MLRA 151) Thick Dark Surface (Al2) Iron- Manganese Masses (F12) (LRR O, P, T) 3Indicators of hydrophytic vegetation and Coast Prairie Redox (A16) (MLRA 150A) Umbric Surface (F13) (LRR P, T, U) wetland hydrology must be present, Sandy Mucky Mineral (S1) (LRR O, S) Delta Ochric (F17) (MLRA 151) unless disturbed or problematic. _ Sandy Gleyed Matrix (S4) _ Reduced Vertic (F18) (MLRA 150A, 15013) ® Sandy Redox (S5) _ Piedmont Floodplain Sods (F19) (MLRA 149A) Stripped Matrix (S6) ` Anomalous Bright Loamy Soils (F20) (MLRA 149A, 153C, 153D) Dark Surface (S7) (LRR P, S, T, U) Restrictive Layer (if observed): Type: Depth (inches) Remarks Hydric Soil Present? Yes _a No . No hydric soil indicators were present at the upland data point. The soil was compacted and difficult to auger past 15" in the soil's profile. US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region —Version 2.0 WETLAND DETERMINATION DATA FORM — Atlantic and Gulf Coastal Plain Region Project/Site: Park Depot Greenway City /County: Fuquay - Varina /Wake Sampling Date: 03/18/2015 Applicant/Owner: Town of Fuquay - Varina State: NC Sampling Point: WA -WET Investigator(s): R. Sullivan, C. Evenhouse (Kimley -Horn) Section, Township. Range: Middle Creek Landform (hillslope, terrace, etc.): Toe of slope Local relief (concave, convex, none): None Slope ( %): 1 -2% Subregion (LRR or MLRA): LRR P Lat: 35.580367 Long: - 78.760767 Datum: NAD 1983 Soil Map Unit Name: Lynchburg sandy loam NWI classification: None Are climatic / hydrolo is conditions on the site typical for this time of year? Yes © No= (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances' present? Yes © No= Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes ✓ No Is the Sampled Area Hydric Soil Present? Yes ✓ No within a Wetland? Yes No Wetland Hydrology Present? Yes No Remarks Wetland WA is a large floodplain wetland around stream SA. Stream SA has been impounded in multiple locations by beavers and large portions of the bottomland area are inundated with shallow water. Many of the beaver dams appear old and well established. HYDROLOGY Wetland Hydrology Indicators: Primary Indicators (minimum of one is reauired. check all that aoolv) Inundation Visible on Aerial Imagery (B7) Water - Stained Leaves (69) Field Observations: Surface Water Present? Yes No Depth (inches) Secondary Indicators (minimum of two reauired) Surface Sod Cracks (B6) ✓ Sparsely Vegetated Concave Surface (68) I Drainage Patterns (610) _ Moss Trim Lines (B16) _ Dry- Season Water Table (C2) ✓ Crayfish Burrows (C8) Saturation Visible on Aerial Imagery (C9) ✓ Geomorphic Position (D2) _ Shallow Aquitard (D3) FAC- Neutral Test (D5) Sphagnum moss (D8) (LRR T, U) Water Table Present? Yes No Depth (inches): I)" Saturation Present? Yes No IJ Depth (inches): Surface Wetland Hydrology Present? Yes IV] No Ll (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: Wetland WA receives hydrology from groundwater, overland flow off of the surrounding uplands during precipitation events, and from water backing up at the numerous beaver impoundments found throughout the bottomland drainage system. Surface water to at least it deep was observed in large portions of the wetland. US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region – Version 2.0 Surface Water (Al) _ Aquatic Fauna (B13) High Water Table (A2) _ Marl Deposits (B15) (LRR U) Saturation (A3) Hydrogen Sulfide Odor (Cl) ✓ Water Marks (B1) _ Oxidized Rhizospheres along Living Roots (C3) ✓ Sediment Deposits (B2) _ Presence of Reduced Iron (C4) ✓ Drift Deposits (B3) _ Recent Iron Reduction in Tilled Soils (C6) Algal Mat or Crust (B4) _ Thin Muck Surface (C7) Iron Deposits (65) —Other (Explain in Remarks) Inundation Visible on Aerial Imagery (B7) Water - Stained Leaves (69) Field Observations: Surface Water Present? Yes No Depth (inches) Secondary Indicators (minimum of two reauired) Surface Sod Cracks (B6) ✓ Sparsely Vegetated Concave Surface (68) I Drainage Patterns (610) _ Moss Trim Lines (B16) _ Dry- Season Water Table (C2) ✓ Crayfish Burrows (C8) Saturation Visible on Aerial Imagery (C9) ✓ Geomorphic Position (D2) _ Shallow Aquitard (D3) FAC- Neutral Test (D5) Sphagnum moss (D8) (LRR T, U) Water Table Present? Yes No Depth (inches): I)" Saturation Present? Yes No IJ Depth (inches): Surface Wetland Hydrology Present? Yes IV] No Ll (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: Wetland WA receives hydrology from groundwater, overland flow off of the surrounding uplands during precipitation events, and from water backing up at the numerous beaver impoundments found throughout the bottomland drainage system. Surface water to at least it deep was observed in large portions of the wetland. US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region – Version 2.0 VEGETATION (Four Strata) — Use scientific names of plants. Number of Dominant Species 8 Absolute Dominant Indicator Tree Stratum (Plot size: 30' radius ) % Cover Species? Status 1 Liquidambar stvraciflua 25% Y FAC 2. Salix nigra 15% Y OBL 3 Acer rubrum 15% Y FAC 4. FAC species x 3 = 5 UPL species x 5 = 6. (B) 7. 8. 55% =Total Cover 50% of total cover: 27.5% 20% of total cover: 11% SaDlina /Shrub Stratum (Plot size: 15' radius ) 1. Morella cerifera 15% Y FAC 2. Ilex opaca 5% Y FAC 3. Vacciniun: fuscatum 5% Y FACW 4. 5. 6. 7. 8. 20% = Total Cover 50% of total cover 10% 20% of total cover. 4% Herb Stratum (Plot size: 5' radius ) 1. !'vlicrostegium vimineum 35% Y FAC 2, Arundinaria tecla 20% Y FACW 3. Gi oodwardia areolata 10% N OBL 4. Rubus arguttts 5% N FAC 5. 6. 7. 8. 9. 10 11 12 70% = Total Cover 50% of total cover: 35% 20% of total cover, 14% Woody Vine Stratum (Plot size: 30' radius ) 1 Lonicera japonica 10% Y FACU 2 3. 4. 5. 10% =Total Cover 50% of total cover: 5% 20% of total cover 2% Remarks (If observed, list morphological adaptations below). Sampling Point: WA -WET Dominance Test worksheet: Number of Dominant Species 8 That Are OBL, FACW, or FAC: (A) Total Number of Dominant 9 Species Across All Strata: (B) Percent of Dominant Species 88 9% That Are OBL, FACW, or FAC: (A/B) Prevalence Index worksheet: Total % Cover of: Multiply by: OBL species x 1 = FACW species x 2 = FAC species x 3 = FACU species x 4 = UPL species x 5 = Column Totals, (A) (B) Prevalence Index = B/A = Hydrophytic Vegetation Indicators: _ 1 - Rapid Test for Hydrophytic Vegetation X 2 - Dominance Test is >50% _ 3 - Prevalence Index is :53.01 _ Problematic Hydrophytic Vegetation' (Explain) 'Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic Definitions of Four Vegetation Strata: Tree — Woody plants, excluding vines, 3 in (7 6 cm) or more in diameter at breast height (DBH), regardless of height. Sapling /Shrub — Woody plants, excluding vines, less than 3 in DBH and greater than 3 28 ft (1 m) tall Herb —All herbaceous (non - woody) plants, regardless of size, and woody plants less than 3.28 ft tall. Woody vine — All woody vines greater than 3 28 ft in height. Hydrophytic Vegetation J Present? Yes • No Numerous trees in the wetland have buttressed trunks. Also, many trees in and around the wetland have been girdled and killed by beavers. US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region —Version 2.0 SOIL Sampling Point WA -WET Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of Indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type, Loc` 0 -6" 10YR 2/2 95% 7.5 YR 4/5 5% C M 6 -15" 10YR 4/2 95% 7.5 YR 4/5 5% C M 15 -24" 10YR 5/1 100% Texture Remarks Sandy loam Sandy loam Sand 'Type: C= Concentration, D= Depletion, RM= Reduced Matrix, MS= Masked Sand Grains. 'Location: PL =Pore Lining, M= Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Solls3: Histosol (Al) _ Polyvalue Below Surface (S8) (LRR S, T, U) _ 1 cm Muck (A9) (LRR O) Histic Epipedon (A2) Thin Dark Surface (S9) (LRR S, T, U) 2 cm Muck (A10) (LRR S) Black Histic (A3) Loamy Mucky Mineral (F1) (LRR O) _ Reduced Vertic (F18) (outside MLRA 150A,B) Hydrogen Sulfide (A4) Loamy Gleyed Matrix (F2) _ Piedmont Floodplain Soils (F19) (LRR P, S, T) _ Stratified Layers (A5) _ Depleted Matrix (F3) , Anomalous Bright Loamy Sods (F20) Organic Bodies (A6) (LRR P, T, U) Redox Dark Surface (F6) (MLRA 153B) ®, 5 cm Mucky Mineral (A7) (LRR P, T, U) _ ✓ Depleted Dark Surface (F7) Red Parent Material (TF2) Muck Presence (A8) (LRR U) _ Redox Depressions (F8) Very Shallow Dark Surface (TF12) ® 1 cm Muck (A9) (LRR P, T) Marl (F10) (LRR U) Other (Explain in Remarks) ® Depleted Below Dark Surface (A11) Depleted Ochdc (F11) (MLRA 151) _ Thick Dark Surface (Al2) Iron - Manganese Masses (F12) (LRR O, P, T) 'Indicators of hydrophytic vegetation and Coast Prairie Redox (A16) (MLRA 150A) c Umbnc Surface (F13) (LRR P, T, U) wetland hydrology must be present, Sandy Mucky Mineral (S1) (LRR O, S) Delta Ochric (1717) (MLRA 151) unless disturbed or problematic Sandy Gleyed Matrix (S4) _ Reduced Vertic (1`18) (MLRA 150A, 150B) Sandy Redox (S5) _ Piedmont Floodplain Soils (F19) (MLRA 149A) Stripped Matrix (S6) i Anomalous Bright Loamy Sods (F20) (MLRA 149A, 153C, 153D) Dark Surface (S7) (LRR P, S, T, U) Restrictive Layer (if observed): Type Depth (inches): Remarks, Hydric Soil Present? Yes No The water table was observed at 6" and the soil was saturated at the surface. US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region — Version 2.0 ALT-,-K;w4 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Town of Fuquay Varina Tracy A. Stephenson 401 Old Honeycutt Rd. Fuquay Varina, NC 27526 Determination Type: Buffer Call June 9, 2015 Isolated or EIP Call Donald R. van der Vaart Secretary Subject: Surface Water Determination NBRRO #15 -228 Wake County ® Neuse (15A NCAC 2B .0233) ❑ Tar - Pamlico (15A NCAC 213 .0259) ❑ Ephemeral /Intermittent/Perennial Determination ❑ Jordan (15A NCAC 2B .0267) ❑ Isolated Wetland Determination Project Name: Park Depot Greenway Trail Location /Directions: Property is located SE of Honeycutt Road Park and west of NC -55 in Fuquay Varina, NC Subject Stream: Black Creek Determination Date: June 5, 2015 Feature A B C *E /l /P - Er Subject to Not Buffers Subject to Buffers X X X hemeraUinterm ittent/Perennial Staff: James Graham E /11P* Start@ Stop@ Soil USGS Survey Topo P X X E X E X Explanation: The feature(s) listed above has or have been located on the Soil Survey of Wake County, North Carolina 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 determined not to be a stream or is not present on the property. Features that are checked "Subject" have been located on the property and possess characteristics that qualify it to be a stream. There may be other streams located on your property that do not show up on the maps referenced above but, still ma�hCarolina Aatura!!tf North Carolina Division of Water Resources 1628 Mail Service Center Raleigh, NC 27699 -1628 Phone (919) 791 -4200 Internet- www.ncwaterQuality orq Location 3800 Barrett Drive Raleigh, NC 27609 Fax (919) 788 -7159 An Equal Opportunity /Affirmative Action Employer— 50% Recycled /10% Post Consumer Paper Park Depot Greenway Trail Wake County June 9, 2015 Page 2 of 2 considered jurisdictional according to the US Army Corps of Engineers and/or to the Division of Water Resources (DWR). 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 or Delegated Local Authority may request a determination by the Director. An appeal request must be made within sixty (60) days of date of this letter or from the date the affected party (including downstream and /or adjacent owners) is notified of this letter. A request for a determination by the Director shall be referred to the Director in writing. If sending via USPostal Service c/o Karen Higgins DWR — 401 & Buffer Permitting Unit 1617 Mail, Service Center Raleigh, NC 27699 -1617. If sending via delivery service (UPS, FedEx, etc.) Karen Higgins DWR — 401 & Buffer Permitting Unit 512 N. Salisbury Street Raleigh, NC 2760. This determination is final and binding unless, as detailed above, you ask for a hearing or appeal within sixty (60) days. The owner /future owners should notify the Division of Water Resources (including any other Local, State, and Federal Agencies) of this decision concerning any future corres pond enc,.fegarding the subject property (stated above). This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be directed to the Division of Water Resources (Central Office) at (919)- 807 -6300, and 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 James Graham at (919) 791 -4256. / /I Respect lly, ` YY %y Danny Smith, $upervisor Water Quality Regional Operation Section Raleigh Regional Office cc: RRO /SWP File Copy Ross Sullivan Kimley -Horn 3001 Weston Parkway Cary, NC 27513 to As- AM 1..• Znf beg ff r a e xp q n E ` pATW&V `d r y 1110 4 ^ ,�.. 4 � �. ATIRS ASK MA AY SA viol P y J 4 6.� <„ eet 04 1, OT'a 'a 1� ay e . v �,�ar��`e�a G, ee� �a�0a,���e May ��� \-ego ct e�66 V-A P�o� r , `�'�V