20240034 Ver 2_01_W. Chatham_MOD_Narrative_20240409

Kimley»>Horn
April 9, 2024
Ms. Rachel Capito and Mr. Eric Parks
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
512 North Salisbury Street
Raleigh, NC 27604
RE: Nationwide Permit 14 and Buffer Authorization Modification
West Chatham Street — Connecting Cary Sidewalks (SAW-2023-00461; DWR 20240034)
Cary, Wake County, North Carolina
Dear Ms. Capito, Mr. Parks, and Mr. Ridings
On behalf of our client, the Town of Cary, Kimley-Horn is submitting this Nationwide Permit #14 and
Buffer Authorization modification request for the above referenced project. The Town of Cary is
proposing the construction of seven sidewalk projects as part of the Cary Community Plan which
highlights the importance of a multi -modal transportation system to provide a safe and accessible
transportation network for all users. The West Chatham Street project (Connecting Cary "Project G")
is one of the seven sidewalk projects and will construct a sidewalk to fill in gaps along the eastern
side of West Chatham Street in Cary, Wake County, NC.
The Section 404/401 and Buffer Authorization application was originally submitted in December 2023.
The Section 401 Water Quality Certification and Neuse River Basin Buffer Authorization was issued
by Mr. Rob Ridings of the NC Division of Water Resources (NCDWR) on February 6, 2024 (DWR #
20240034). The Section 404 Authorization is still pending and assumed statutory (SAW-2021-00350).
The proposed project has been designed and located to avoid and minimize impacts to environmental
features, however, necessary and unavoidable impacts to wetlands, streams, and Neuse River Basin
Buffer Zones 1 and 2 will result from construction of the proposed project. The project site plans have
been modified since the submittal of the permit application and the issuance of the Section 401
Permit and Buffer Authorization. These changes would result in new wetland impacts and an increase
in previously authorized stream impacts, as well as a net increase in Buffer Zone 1 impacts and a net
decrease in Buffer Zone 2 impacts. Plans were modified for Project G - Site 2 as indicated on the
attached updated permit drawings and site plans due to the following reasons:
• At Impact Site 1 (Project G — Site 2), drainage design was revised to better tie the culvert
outlet to the natural stream at the Temporary Construction Easement (TCE) limits. This
design revision would increase impacts to Stream S1 and its associated riparian buffer
zones. This will include the extension of the existing culvert and rip -rap, and the addition of a
permanent drainage easement.

Kimley»>Horn
Page 2
• A new impact site, Impact Site 2 (Project G - Site 2), proposes temporary impacts to wetland
W1. These temporary construction impacts are necessary to facilitate the removal of a tree
along West Chatham Street, located outside of W1, for the construction of the proposed
sidewalk.
The proposed wetlands, stream, and buffer impacts from the originally submitted permit (December
2023) in are compared with the requested wetland, stream, and buffer modification impacts
(April 2024) in red below.
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
® Wetlands ® Streams - tributaries ® Buffers
❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
2b.
2c.
2d.
2e.
2f.
Wetland impact
Type of jurisdiction
number —
Permanent (P) or
Type of
Type of
Forested
(Corps - 404, 10
Area of impact
Temporary (T)
impact
wetland
(acres)
DWO —non-404, other)
(if known)
Impact Site 2
Temporary
Headwater
® Yes
® Corps
(Project G — Site 2)
Construction
Forest
ElNo
® DWO
0.0008 acre
ElP ® T
Access
Previously Authorized Wetland Impacts Total
0
Proposed Wetland Modification Impacts Total
0.0008 acre
Total Net Change
2h. Comments: Unavoidable impacts to wetland W1 will result from the proposed project. Headwater wetland W1 will be
temporarily impacted in order to remove an existing tree within the project corridor to facilitate the construction of the
proposed sidewalk. The existing tree is located outside of wetland W1. Temporarily impacted wetlands will be returned
to pre -construction conditions upon completion of the project.

Kimley>»Horn
Page 3
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete
this question for all stream sites impacted.
3a.
3b.
3c.
3d.
3e.
3f.
3g.
Stream impact
Type of
Stream name
Perennial
Type of
Average
number -Permanent
impact
(PER) or
jurisdiction
stream
Impact length
(P) or Temporary (T)
intermittent
(Corps - 404,
width
(linear feet)
(INT)?
10
(feet)
DWQ — non-
404, other)
Impact Site 1
Culvert
Extension
Connecting Cary
Project G Stream
® PER
21 LF (0.0015
acre)
(Project G —Site 2)
-
Crossing/
Impact Site 2:
El INT
Both
4
26 LF (0.00197
® P ❑ T
Culvert
Stream S1
acre)
Rip -Rap
Connecting Cary
14 LF (0.0014
Impact Site 1
Placement
Project G Stream
PER
acre)
(Project G — Site 2)
(P-NNL) -
Impact Site 2:
❑INT
Both
4
20 LF (0.00193
® P ❑ T
Bank
Stream S1
Stabilization
acre)
Impact Site 1
Temporary
Connecting Cary
5 LF (0.0005
Construction
Project G Stream
® PER
acre)
(Project G — Site 2)
El ® T
Access
Impact Site 2:
Stream S1
El INT
Both
4
10 LF (0.0008
acre)
40 LF (0.0034-
Previously Authorized Stream Impacts Total
acre)
56 LF (0.0047
Proposed Stream Modification Impacts Total
acre)
Total Net Change
3i. Comments: Unavoidable impacts to intermittent stream S1 will result from the proposed project. A total of 26 LF
(0.00197 acre) of permanent impacts to stream S1 will result from the culvert outlet improvements to tie the outlet into
the natural stream at the Temporary Construction Easement (TCE) limits is proposed at Impact Site 1 (Project G - Site
2). This will include the extension of the existing culvert, as well as a total of 20 LF (0.00193-acre) of permanent -no net
loss (P-NNL) impacts will result from the installation of keyed -in rip rap. Additionally, a total of 10 LF (0.0008-acre) of
temporary stream impacts would result from the proposed project due to the construction access necessary to install the
proposed culverts and rip rap. Temporarily impacted areas will be returned to pre -construction conditions upon
completion of the project.

Kimley»>Horn
Page 4
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer
impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a.
® Neuse ❑ Tar -Pamlico ❑ Other:
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b.
6c.
6d.
6e.
6f.
6g.
Buffer impact
number —
Permanent (P) or
Reason for
Buffer
Zone 1 impact
Zone 2 impact
Temporary (T)
impact
mitigation
(square feet)
(square feet)
Stream name
required?
Impact Site 1
Crossing/
Connecting Cary Project G
❑ Yes
1,966
1.406
(Project — )
Pect G Site 2
Culvert/
Bridge
Buffer Impact Site 2: Stream
S1
No
2,237
1,406
Impact Site 1
Temporary
Connecting Cary Project G
❑ Yes
439
248
(Project G — Site 2)
Construction
Buffer Impact Site 2: Stream
® No
334
247
Access
S1
Previously Authorized Buffer Impacts Total
2,405 sqft
1,654 sqft
Proposed Buffer Modification Impacts Total
21571 sqft
1,653 sqft
Total Net Change
6i. Comments: A total of 2,237 square feet of permanent impacts to Buffer Zone 1 and 1,406 square feet of permanent
impacts to Buffer Zone 2 are proposed at Impact Site 1 (Project G - Site 2) from the extension of the existing culvert and
rip rap, and the addition of a permanent drainage easement. Additionally, a total of 344 square feet of temporary
impacts to Buffer Zone 1 and 247 square feet of temporary impacts to Buffer Zone 2 will result from the proposed
construction access necessary to install the proposed culverts and riprap, as well as to facilitate the construction of the
proposed sidewalk. Temporarily impacted buffer areas will be returned to pre -construction conditions upon completion
of the project.

Ki m ey >>> H o r n Page 5
Compensatory mitigation is not proposed for streams (<0.02 acre; <300 LF) or wetlands (<0.01 acre)
as part of this permit modification request due to the minimal permanent impacts to streams and
wetlands resulting from the proposed project. Additionally, according to the Neuse River Basin Buffer
Rules: Table of Uses, the buffer impacts resulting from sidewalks that are "equal to or less than 10
feet wide with two -foot wide shoulders... and located outside Zone 1 unless there is no practical
alternative" are considered "allowable upon authorization". Therefore, no compensatory buffer
mitigation is proposed as part of this application.
The following information has been included as part of this modification request:
• Signed Agent Authorization Form
• 2024 Approval of Individual 401 Water Quality Certification and Buffer Authorization (DWR #
20240034)
• 2023 USACE Section 404 Nationwide Permit #14 Submittal (SAW-2023-00461)
• Revised Permit Impact Drawings
• Updated Plan Sheets
If you need any additional information to assist in your review of this NWP modification application,
feel free to contact me at 919-677-2215 or [e-mail].
Sincerely,
Emma Radford, WPIT, CA
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