20150466 Ver 2_401 Application_20151215

a
CATEGORICAL EXCLUSION ACTION CLASSIFICATION FORM
TIP Project No.
W.B.S. No.
Federal Project No
Project Description:
C-5163
46228.1.1, 2.1 & 3.1
CMS -0503(17)
The Town of Cary in Wake County, North Carolina is proposing the construction
of the Crabtree Creek Greenway. The project is included in the Town of Cary's
2012 Parks Recreation and Cultural Resources Master Plan. The project provides
a greenway/multiuse path from Evans Road around Lake Crabtree and will
connect to the existing Black Creek Greenway, NC (see Attachments 1 & 2). The
Greenway project will add approximately 2.25 miles of 10 -ft. wide paved trail
along the southern edge of Lake Crabtree, extending from the existing Black
Creek Greenway (at Weston Parkway) to the intersection of Evans Road and
Aviation Parkway (see Attachments 3 for photos of the site). The greenway will
have a new 105 foot bridge from Station 17+25 to 18+30 (see Attachment 4b &
4c) that replaces an existing 95 foot bridge at the same location, a 30" embedded
culvert at Station 45+60 (see attachment 4g), a 70 foot bridge from Station 51+60
to 52+30 (see Attachment 4h), a 36" embedded culvert at Station 65+30 (see
attachment 4j), a 80 foot bridge from Station 70+00 to 70+80 (see Attachment 4j),
a 100 foot boardwalk from Station 73+30 to 74+30 (see attachment 4k), a 700
foot boardwalk from Station 95+50 to 102+50 (see Attachment 4n & 40). There
are numerous pipe crossings on the proposed project that are extensions of
existing drainage systems. The project is proposed to be constructed within the
existing Lake Crabtree Park and along public right of way on currently
undisturbed land.
B. Purpose and Need:
The Town of Cary desires to design a thoroughfare system that comprehensively
incorporates a variety of transportation modes for adequate access, flow,
connectivity, safety, and mobility. As a part of that thoroughfare system, the
Town wishes to emphasize pedestrian -oriented development to achieve a
comprehensive system of bicycle lanes, greenways, and sidewalks that connect to
neighborhoods, parks, schools, offices, commercial areas, and other public spaces.
The construction of the Crabtree Creek Greenway will provide connectivity to the
Black Creek Greenway (thereby connecting to William B. Umstead Park to the
Northeast and Bond Park to the Southwest), and will provide a parallel route for
bicyclist and pedestrians to Weston Parkway and Evans Road reducing conflict
with motorized vehicles on those heavily travelled facilities. The project will also
connect to the Morrisville Crabtree Creek/Hatcher Creek Greenway. The project
is included in the Town of Cary's 2012 Parks Recreation and Cultural Resources
Master Plan.
1

C. Proposed Improvements:
This project provides for the construction of a 10' wide multi -use path to be
used as a greenway for pedestrians and bicyclists.
Circle one or more of the following Type I activities:
1. Non -construction activities (program activities).
2. Approval of utility installations along or across a transportation facility.
O3 Construction of bicycle and pedestrian lanes, paths, and facilities.
4. Activities included in the State's "highway safety plan" under 23 USC 402
(programs administered by the Division of Motor Vehicles).
5. Transfer of Federal lands pursuant to 23 USC 317 when the subsequent action is
not a FHWA action.
6. The installation of noise barriers or alterations to existing publicly owned
buildings to provide for noise reduction.
7. Landscaping.
8. Installation of fencing, signs, pavement markings, small passenger shelters, traffic
signals, and railroad warning devices.
9. Emergency repairs under 23 USC 125 (Governor Declared Emergency).
10. Acquisition of scenic easements.
11. Determination of payback under 23 CFR Part 480 for property previously
acquired with federal -aid participation.
12. Improvements to existing rest areas and truck weigh stations.
13. Ridesharing activities.
14. Bus and Rail car rehabilitation.
15. Alterations to facilities or vehicles in order to make them accessible for elderly
and handicapped persons.
16. Program administration, technical assistance activities, and operating assistance to
transit authorities to continue existing service or increase service to meet changes
in routine demand.
17. The purchase of vehicles by the applicant where the use of these vehicles can be
accommodated by existing facilities or by new facilities which themselves are
within a CE.
18. Track and rail bed maintenance and improvements when carried out within the
existing right of way.

19. Purchase and installation of operating or maintenance equipment to be located
within the transit facility and with no significant impacts off the site.
20. Promulgation of rules, regulations and directives.
21. Replacement of guardrail.
Circle one or more of the following Type II improvements which apply to the
project;
Modernization of a highway by resurfacing, restoration, rehabilitation,
reconstruction, adding shoulders, or adding auxiliary lanes (e.g., parking,
weaving, turning, climbing).
a. Restoring, Resurfacing, Rehabilitating, and Reconstructing
pavement (3R and 4R improvements)
b. Widening roadway and shoulders without adding through lanes
C. Modernizing gore treatments
d. Constructing lane improvements (merge, auxiliary, and turn lanes)
e. Adding shoulder drains
f. Replacing and rehabilitating culverts, inlets, and drainage pipes,
including safety treatments
g. Providing driveway pipes
h. Performing minor bridge widening (less than one through lane)
i. Slide Stabilization
j. Structural BMP's for water quality improvement
2. Highway safety or traffic operations improvement projects including the
installation of ramp metering control devices and lighting.
a. Installing ramp metering devices
b. Installing lights
C. Adding or upgrading guardrail
d. Installing safety barriers including Jersey type barriers and pier
protection
e. Installing or replacing impact attenuators
f. Upgrading medians including adding or upgrading median barriers
g. Improving intersections including relocation and/or realignment
h. Making minor roadway realignment
i. Channelizing traffic
J. Performing clear zone safety improvements including removing
hazards and flattening slopes
k. Implementing traffic aid systems, signals, and motorist aid
1. Installing bridge safety hardware including bridge rail retrofit
Bridge rehabilitation, reconstruction, or replacement or the construction of
grade separation to replace existing at -grade railroad crossings.
a. Rehabilitating, reconstructing, or replacing bridge approach slabs
b. Rehabilitating or replacing bridge decks
C. Rehabilitating bridges including painting (no red lead paint), scour
repair, fender systems, and minor structural improvements
0
Replacing a bridge (structure and/or fill)

4. Transportation corridor fringe parking facilities.
Construction of new truck weigh stations or rest areas.
6. Approvals for disposal of excess right-of-way or for joint or limited use of
right-of-way, where the proposed use does not have significant adverse
impacts.
Approvals for changes in access control.
Construction of new bus storage and maintenance facilities in areas used
predominantly for industrial or transportation purposes where such
construction is not inconsistent with existing zoning and located on or near
a street with adequate capacity to handle anticipated bus and support
vehicle traffic.
9. Rehabilitation or reconstruction of existing rail and bus buildings and
ancillary facilities where only minor amounts of additional land are
required and there is not a substantial increase in the number of users.
10. Construction of bus transfer facilities (an open area consisting of
passenger shelters, boarding areas, kiosks and related street
improvements) when located in a commercial area or other high activity
center in which there is adequate street capacity for projected bus traffic.
11. Construction of rail storage and maintenance facilities in areas used
predominantly for industrial or transportation purposes where such
construction is not inconsistent with existing zoning and where there is no
significant noise impact on the surrounding community.
12. Acquisition of land for hardship or protective purposes, advance land
acquisition loans under section 3(b) of the UMT Act. Hardship and
protective buying will be permitted only for a particular parcel or a limited
number of parcels. These types of land acquisition qualify for a CE only
where the acquisition will not limit the evaluation of alternatives,
including shifts in alignment for planned construction projects, which may
be required in the NEPA process. No project development on such land
may proceed until the NEPA process has been completed.
13. Acquisition and construction of wetland, stream and endangered species
mitigation sites.
14. Remedial activities involving the removal, treatment or monitoring of soil
or groundwater contamination pursuant to state or federal remediation
guidelines.
D. Special Project Information:
Withers & Ravenel (W&R) environmental staff has completed a survey of the
proposed alignment of the Crabtree Creek Greenway (Lake Crabtree Phase) for
the presence of federally listed Threatened (T) and Endangered (E) species known
to occur within Wake County. The review area consists of the proposed greenway
alignment, beginning on the eastern side of Lake Crabtree at the proposed
connection to the Black Creek Greenway (Lat: 35.834°N; Long: -78.787°W),
4

running along the south bank of Lake Crabtree, running north along the eastern
side of Evans Road and terminating at the southeastern corner of the intersection
of Evans Road and Aviation Parkway (Lat: 35.833°N; -78.814°W).
On July 10th, 2013 and June 24th, 2014, W&R conducted pedestrian surveys of
the proposed alignment, as well as areas immediately adjacent to the proposed
alignment to identify the potential habitat for, as well as the presence of, federally
listed Threatened and Endangered species known to occur within Wake County.
The proposed alignment and adjacent areas were reviewed to map vegetative
communities and identify potential habitat for federally listed species. The
proposed alignment contains three specific vegetative communities; hardwood
forest, mixed hardwood/pine forest and maintained utility easement.
The U.S. Fish and Wildlife Service (USFWS) maintains lists of species that
receive Federal protection under the Endangered Species Act. Endangered (E)
status refers to "any species which is in danger of extinction throughout all or a
significant part of its range," and Threatened (T) status refers to any species
which is "likely to become endangered within the foreseeable future throughout
all or a significant portion of its range" (Endangered Species Act, Section 3).
Those federally listed species known to occur in Wake County as of April 2, 2015
are included below.
Common Name
Scientific Name
Federal Status
Habitat
Present
Bald Eagle
Haliaeetus
BGPA
No
leucoce halus
Northern Long
Myotis
T
Yes
Eared Bat
se tentrionalis
Red -cockaded
Picoides borealis
E
No
Woodpecker
Michaux's
Rhus michauxii
E
Yes
sumac
Dwarf
Alasmidonta
E
No
Wed emussel
heterodon
BGPA — Bald and Golden Eagle Protection Act
E — Endangered
T — Threatened
Results of the threatened and endangered species survey for the proposed
Crabtree Creek Greenway (Lake Crabtree Phase) were negative for four of the
five species known to occur in the project area. No occurrences of bald eagle,
red -cockaded woodpecker, or dwarf wedgemussel were observed and known
habitats where these species are likely to occur were not present. During the
pedestrian surveys, W&R focused the survey for Michaux's sumac on the
artificial edges which consisted of the cleared/maintained ROW along Evans
Road and the cleared sewer easement which runs through the mixed
hardwood/pine forest and along the southern edge of Lake Crabtree, as these areas
were considered potential habitat. W&R did not identify any individuals of
Michaux's sumac during the pedestrian survey. A review of NCNHP GIS data
did not identify any known occurrences of Michaux's sumac within 2.0 miles of
the proposed greenway alignment.

While marginal habitat does exist for Michaux's sumac within the proposed
greenway alignment, based on the combination of a lack of existing individual
plants, slow colonization rates and lack of nearby records, Withers & Ravenel
concludes that construction of the proposed greenway will have No Effect on
Michaux's sumac. Therefore, W&R concludes that the Crabtree Creek Greenway
(Lake Crabtree Phase) project will have "No Effect" on these federally listed
species, their habitat or designated critical habitat and it is our professional
opinion that consultation under the Endangered Species Act is not required.
The USFWS has developed a programmatic biological opinion (PBO) in
conjunction with the Federal Highway Administration (FHWA), the US Army
Corps of Engineers (USACE), and NCDOT, for the northern long-eared bat in
eastern North Carolina. The PBO covers the entire NCDOT program in Divisions
1-8, including all NCDOT projects and activities. The programmatic
determination for the northern long-eared bat for the NCDOT program in
Divisions 1-8 is "May Affect, Likely to Adversely Affect." The PBO will
provide incidental take coverage for the northern long-eared bat and will ensure
compliance with Section 7 of the Endangered Species Act for five years for all
NCDOT projects with a federal nexus in Divisions 1-8, which includes Wake
County, where the project is located. Also, clearing of trees (greater than 3 inches
in diameter at breast height) during construction will be measured in tenths of
acres. At the time of project completion, the Town of Cary will submit the actual
amount of tree clearing to NCDOT's Natural Environment Section.
Section 4(f): While the greenway is not on park Property, the greenway will use
an existing natural trail on County property. The Federal Highway has
determined that this is a de minimus Section 4(f) impact results from this
connection. In order to address the concern, a Section 4(f) De minimus packet
was prepared (see Attachment 10) and approved by the County. A notice was
displayed in the Lake Crabtree County Park for two weeks soliciting comments
on the project. No comments were received.
Estimated Costs:
Total Construction $ 3,900,000
Right of Way $ 0
Total $ 3,900,000
The proposed project will be located on land owned by Wake County, as
established through an inter -local agreement between the Town of Cary and Wake
County (see Attachment 9). Therefore, no right of way will be acquired for the
project.
Design Exceptions: There are no anticipated design exceptions for this project.
Bridge Demolition: There is an existing bridge within the proposed alignment of
the greenway. The bridge will be removed and reused in another location. The
bridge is constructed entirely of timber and steel and should be possible to remove
with no resulting debris based on standard demolition practices.
Other Agency Comments:
Wake County has written a letter in support of the project. (see Attachment 5)
6

The North Carolina Department of Cultural Resources, State Historic Preservation
Office, stated in a letter dated February 12, 2013 that a review of the project was
conducted and that they are aware of no historic resources which would be
affected by the project. (Attachment 6)
Permits Required:
• Corps of Engineers Nationwide Permit 14 (Both Phase 1 and Phase 2 permits
were issued on June 28, 2015)
• NCDWR 401 Water Quality Certification & Buffer Authorization
• NCDENR Sediment and Erosion Control Permit
• FEMA CLOMR
• NCDOT Encroachment Permit
Public Involvement:
A Public information meeting was held on June 28, 2014. There were forty-two
people in attendance at the meeting. Three individuals commented on the project
through email, five individuals commented in writing at the meeting, and one
individual gave verbal comments. A summary of the comments is below.
Move the trail away from the NC Bar Association Building as has been done with
the Verizon and MetLife buildings. The concern is that the parking lot of the NC
Bar Association Building will become a parking lot for users of the trail and it
will become a trail head. Response: The trail has been shifted as much as
possible from buildings while still allowing for constructability.
Concerned that the foot path (natural trail) will be gone. Will the natural foot path
around the lake remain? Response: Where possible the natural trail remains and
connects to the proposed trail.
Three comments complimenting the plan.
One comment addressing concerns about repairs being needed on the Black Creek
Trail. Response: The Town of Cary currently has a project out for selection to
realign and renovate the Black Creek Trail.
A request was made to improve the trail along Aviation Parkway due to being
unsafe and not pleasant. Response: The Town of Morrisville currently has a
project underway that addresses the greenway need along Aviation Parkway.
There were two comments with recommendations for design considerations: Take
advantage of the old roadway bed, move the trail that follows the edge of water
near Reedy Creek Dam, make the trail straight, provide a parking lot at Evans
Road, connect to the Weston Greenway, provide a mid -block crossing on Evans
instead of taking trail to the signal at Aviation Parkway. Response: A mid -block
crossing is being proposed for Evans Road. The proposed location of the
greenway is following the Town of Cary's 2012 Parks Recreation and Cultural
Resources Master Plan and is aligned to stay within existing right of way.

E. Threshold Criteria
The following evaluation of threshold criteria must be completed for Type II
actions
ECOLOGICAL
YES
NO
(1)
Will the project have a substantial impact on any
X
(11)
Does the project involve Coastal Barrier Resources Act
unique or important natural resource?
resources?
X
X
(2)
Does the project involve habitat where federally
X
(13)
listed endangered or threatened species may occur?
X
regulatory floodway?
(3)
Will the project affect anadromous fish?
❑
changes?
X
X
(4)
If the project involves wetlands, is the amount of
permanent and/or temporary wetland taking less than
one-tenth (1/10) of an acre and have all practicable measures
to avoid and minimize wetland takings been evaluated?
X
(5)
Will the project require the use of U. S. Forest Service lands?
❑
X
(6)
Will the quality of adjacent water resources be adversely
impacted by proposed construction activities?
X
(7)
Does the project involve waters classified as Outstanding Water
Resources (OWR) and/or High Quality Waters (HQW)?
X
(8)
Will the project require fill in waters of the United States
in any of the designated mountain trout counties?
X
(9)
Does the project involve any known underground storage
tanks (UST's) or hazardous materials sites?
X
PERMITS AND COORDINATION
YES
NO
(10) If the project is located within a CAMA county, will the
8
project significantly affect the coastal zone and/or any
"Area of Environmental Concern" (AEC)?
X
(11)
Does the project involve Coastal Barrier Resources Act
resources?
X
(12)
Will a U. S. Coast Guard permit be required?
❑
X
(13)
Will the project result in the modification of any existing
regulatory floodway?
X
(14)
Will the project require any stream relocations or channel
changes?
X
8

SOCIAL, ECONOMIC, AND CULTURAL RESOURCES YES NO
(15) Will the project induce substantial impacts to planned
growth or land use for the area? X
(16) Will the project require the relocation of any family or
business? X
(17) Will the project have a disproportionately high and adverse
human health and environmental effect on any minority or
low-income population? X
(18) If the project involves the acquisition of right of way, is the ❑
amount of right of way acquisition considered minor? X
(19) Will the project involve any changes in access control?
X
(20) Will the project substantially alter the usefulness
and/or land use of adjacent property?
X
(21) Will the project have an adverse effect on permanent
local traffic patterns or community cohesiveness?
X
(22) Is the project included in an approved thoroughfare plan
and/or Transportation Improvement Program (and is, ❑
therefore, in conformance with the Clean Air Act of 1990)? X
(23) Is the project anticipated to cause an increase in traffic
volumes? X
(24) Will traffic be maintained during construction using existing ❑
roads, staged construction, or on-site detours? X
(25) If the project is a bridge replacement project, will the bridge
be replaced at its existing location (along the existing facility)
and will all construction proposed in association with the ❑
bridge replacement project be contained on the existing facility? X
(26) Is there substantial controversy on social, economic, or
environmental grounds concerning the project? X
(27) Is the project consistent with all Federal, State, and local laws ❑
relating to the environmental aspects of the project? X
(28) Will the project have an "effect" on structures/properties
eligible for or listed on the National Register of Historic Places? X
(29) Will the project affect any archaeological remains which are
important to history or pre -history? X
(30) Will the project require the use of Section 4(f) resources
9

(public parks, recreation lands, wildlife and waterfowl refuges,
historic sites, or historic bridges, as defined in Section 4(f)
of the U. S. Department of Transportation Act of 1966)? X
(31) Will the project result in any conversion of assisted public
recreation sites or facilities to non -recreation uses, as defined
by Section 6(f) of the Land and Water Conservation Act
of 1965, as amended? X
(32) Will the project involve construction in, across, or adjacent
to a river designated as a component of or proposed for
inclusion in the National System of Wild and Scenic Rivers? X
F. Additional Documentation Required for Unfavorable Responses in Part E
Response to Question 2: USFWS is protecting the northern long-eared bat (NLEB)
under the Endangered Species Act because of strongly declining populations, largely
because of white -nose syndrome, a disease that is severely affecting this species. A
proposal to list this bat as endangered was submitted by USFWS on October 2, 2013, and
the bat gained Federal protection when it was officially listed as a Threatened species
under the Endangered Species Act on April 2, 2015.
The US Fish and Wildlife Service has developed a programmatic biological opinion
(PBO) in conjunction with the Federal Highway Administration (FHWA), the US Army
Corps of Engineers (USACE), and NCDOT, for the NLEB in eastern North Carolina.
The PBO covers the entire NCDOT program in Divisions 1-8, including all NCDOT
projects and activities. The programmatic determination for NLEB for the NCDOT
program in Divisions 1-8 is "May Affect, Likely to Adversely Affect." The PBO will
provide incidental take coverage for NLEB and will ensure compliance with Section 7 of
the Endangered Species Act for five years for all NCDOT projects with a federal nexus in
Divisions 1-8, which includes Wake County, where the project is located.
While marginal habitat does exist for Michaux's sumac within the proposed greenway
alignment, based on the combination of a lack of existing individual plants, slow
colonization rates and lack of nearby records, Withers & Ravenel concludes that
construction of the proposed greenway will have No Effect on Michaux's sumac.
Therefore, W&R concludes that the Crabtree Creek Greenway (Lake Crabtree Phase)
project will have "No Effect" on these federally listed species, their habitat or designated
critical habitat and it is our professional opinion that consultation under the Endangered
Species Act is not required.
Response to Question 4: The construction of the proposed greenway will result in
wetland impacts exceeding 1/10 acre (approximately 0.2 acre), but all practicable
measures have been taken to avoid and minimize impacts. Prior to design of the
proposed greenway, a detailed wetland delineation was completed so that impacts to
wetlands and streams could be minimized. The wetland delineation was preliminarily
approved by the Corps of Engineers on August 12, 2014 (AID# SAW -2014-01454).
Please note that the formal Jurisdictional Determination will be issued in conjunction
with issuance of the 404 permit. (See attachment 7)
The proposed greenway alignment has been designed to minimize impacts to wetlands
and streams. Specifically, the wetland impacts have been minimized by designing the
greenway alignment to avoid the majority of the wetlands adjacent to Lake Crabtree.
10

However, due to site constraints, including the steep grades along Evans Road and
general site topography, wetland and stream impacts will be necessary for construction of
the greenway. Wetland and stream impacts have been further minimized by designing
greenway crossings at perpendicular angles, and utilizing bridged crossings to completely
avoid stream impacts at strategic locations. Table 1 details the wetland and stream
impacts.
Table l
Please note that issuance of the Corps 404 permit and NCDWR 401 Water Quality
Certification will confirm that sufficient avoidance and minimization has been achieved
through the project design.
Response to Question 13: The floodways on Crabtree Creek and Black Creek Tributary
A are modified to maintain the elevation difference from the floodplain. Because the
existing pedestrian bridge is 95 feet, the proposed extension of the bridge to 105 feet
changes the allowable floodway width such that it can maintain a true non -encroachment
area. Widths are changed on Black Creek Tributary A due to the insertion of the
boardwalk. The boardwalk obstruction in the floodway causes the floodway elevation to
change slightly from what it's currently effective for a short distance. The changes that
occur to both floodways are small and have minimal effect on land around them due to
the presence of Lake Crabtree, the marshy wet areas along Crabtree Creek and the steep
banks along Black Creek Tributary A.
Response to Question 14: The construction of the proposed greenway will require the
installation of culverts at several stream crossings, which will result in "changes" to these
streams. The culverts will be installed according to General Condition 13 of the
NCDWR Water Quality Certification #3886, which requires that culverts less than 48" be
buried 20% of the culvert diameter to allow for low flow passage of water and aquatic
life. Therefore, the overall hydrologic and biological function of these streams will not
be affected by the changes from installation of the culverts.
11
Site Number
Latitude
Longitude
Cowardin
Class
Permitted Impacts
Permanent
Temporary
Wetland D
35.833
-78.789
Lacustrine
0.066 ac
0.081 ac
Wetland E
35.831
-78.795
Riparian
0.055 ac
0.030 ac
Wetland F
35.831
-78.796
Riparian
N/A
0.014 ac
Wetland G
35.830
-78.809
Riparian
0.272 ac
0.218 ac
Phase
Stream 1
35.831
-78.796
Perennial
N/A
N/A
l
Stream 2
35.831
-78.798
Intermittent
45 if
N/A
Stream 3
35.830
-78.802
Intermittent
N/A
N/A
Stream 4
35.829
-78.803
Intermittent
61 if
N/A
Stream 5
35.829
-78.809
Perennial
281f
18 if
Stream 6
35.830
-78.809
Perennial
381f
121f
Stream 7
Crabtree
Creek
35.830
-78.810
Perennial
N/A
N/A
Phase
Stream 1
35.830
-78.795
Perennial
N/A
N/A
2
Stream 2
35.831
-78.795
Perennial
441f
N/A
Please note that issuance of the Corps 404 permit and NCDWR 401 Water Quality
Certification will confirm that sufficient avoidance and minimization has been achieved
through the project design.
Response to Question 13: The floodways on Crabtree Creek and Black Creek Tributary
A are modified to maintain the elevation difference from the floodplain. Because the
existing pedestrian bridge is 95 feet, the proposed extension of the bridge to 105 feet
changes the allowable floodway width such that it can maintain a true non -encroachment
area. Widths are changed on Black Creek Tributary A due to the insertion of the
boardwalk. The boardwalk obstruction in the floodway causes the floodway elevation to
change slightly from what it's currently effective for a short distance. The changes that
occur to both floodways are small and have minimal effect on land around them due to
the presence of Lake Crabtree, the marshy wet areas along Crabtree Creek and the steep
banks along Black Creek Tributary A.
Response to Question 14: The construction of the proposed greenway will require the
installation of culverts at several stream crossings, which will result in "changes" to these
streams. The culverts will be installed according to General Condition 13 of the
NCDWR Water Quality Certification #3886, which requires that culverts less than 48" be
buried 20% of the culvert diameter to allow for low flow passage of water and aquatic
life. Therefore, the overall hydrologic and biological function of these streams will not
be affected by the changes from installation of the culverts.
11

See the NCDWR Buffer Determination Letter which identifies the stream classifications
and buffer subjectivity for features within the greenway alignment. (Attachment 7)
The Corps' Jurisdictional Determination for the wetlands will be issued in conjunction
with the issuance of the NWP 14 for the project.
Response to Question 30: While the greenway is not on park Property, the greenway
will use an existing natural trail on County property. The Federal Highway has
determined that this is a de minimus Section 4(f) impact results from this connection. In
order to address the concern, a Section 4(f) De minimus packet was prepared (see
Attachment 10) and approved by the County. A notice was displayed in the Lake
Crabtree County Park for two weeks soliciting comments on the project. No comments
were received.
G. CE Approval
TIP Project No.
W.B.S. No.
Federal Project No
Project Description:
C-5163
46228.1.1, 2.1 & 3.1
CMS -0503(17)
The Town of Cary in Wake County, North Carolina is proposing the
construction of the Crabtree Creek Greenway. The project is included in
the Town of Cary's 2012 Parks Recreation and Cultural Resources Master
Plan. The project provides a greenway/multiuse path from Evans Road
around Lake Crabtree and will connect to the existing Black Creek
Greenway, NC (see Attachments 1 & 2). The Greenway project will add
approximately 2.25 miles of 10 -ft. wide paved trail along the southern
edge of Lake Crabtree, extending from the existing Black Creek
Greenway (at Weston Parkway) to the intersection of Evans Road and
Aviation Parkway (see Attachments 3 for photos of the site). The
greenway will have a new 105 foot bridge from Station 17+25 to 18+30
(see Attachment 4b & 4c) that replaces an existing 95 foot bridge at the
same location, a 30" embedded culvert at Station 45+60 (see attachment
4g), a 70 foot bridge from Station 51+60 to 52+30 (see Attachment 4h), a
36" embedded culvert at Station 65+30 (see attachment 4j), a 80 foot
bridge from Station 70+00 to 70+80 (see Attachment 4j), a 100 foot
boardwalk from Station 73+30 to 74+30 (see attachment 4k), a 700 foot
boardwalk from Station 95+50 to 102+50 (see Attachment 4n & 4o).
There are numerous pipe crossings on the proposed project that are
extensions of existing drainage systems. The project is proposed to be
constructed within the existing Lake Crabtree Park and along public right
of way on currently undisturbed land.
12

Categorical Exclusion Ac
J
Prepared B
12122115
Date
Prepared For,
!22Z (tea
Date
Approved:
Amy M-4--,krr,/Vs J,, L s�- f � ,•`r��fr
Name, Title, Signature ,r!
Town of Cary
Date Assisfant Manager
ProjAct Development & v y
•onmental Analysis Branch
l/ p I�Id >
Date ProjectPlanning nit Head
Pro st Developznent & Environmental Analysis Branch
D to ra}eet Planning Igincer
Project Develops it & Environmental Analysis Branch
For Type 11(B) projects only: j
ate John F. Sullivan, III, PE, Division Administrator
Federal Highway Administration
13

PROJECT COMMITMENTS
WAKE COUNTY
CRABTREE CREEK GREENWAY
(CARY PHASE)
FEDERAL -AID PROJECT NO. CMS -0503(17)
WBS ELEMENT 46228.1.1, 2.1 & 3.1
TIP NO. C-5163
NEU — Northern Long Eared Bat
The Town of Cary's Project Manager will submit to the North Carolina Department of
Transportation Natural Environment Section the actual amount of tree clearing that occurred for
the project. That information should be sent at the time of project completion and should be
reported in tenths of acres.
Neil Medlin
NES Unit
NCDOT
1598 MAIL SERVICE CENTER
RALEIGH NC 27699-1598
[phone]
knmedlin (a,ncdot. gov
The following permits will be required for the project:
• Corps of Engineers Nationwide Permit 14 (Both Phase 1 and Phase 2 permits were issued on
June 28, 2015)
• NCDWR 401 Water Quality Certification & Buffer Authorization
• NCDENR Sediment and Erosion Control Permit
• FEMA CLOMR
• NCDOT Encroachment Permit

ATTACHMENTS

Vicinity Map
W
I
LLJ
Wv" 1191
ul
. r ff •e� � . �' 1 1{ k S • iy .T � � I
r, ' 3: s -rfr' .i•�r '�j ��l' ISN t I �.
i
+. C)LU
t `
LU
cc
Ilk
a a �s
(00 cc
xiv�- 00 Ln fLL
W LL
'- LL
� W CA
QCA
Cl
�! C
d Q
v Ow
4r, w
cc
wui
O QD 1 t. �� Y u
¢- OF - U) w
OIL- ui} m
0 aC ��Q i_ , Res; f t ''aa �r w
Zcc
, % 3: s cc
0 �� a �` cc
Ju
}tl3'�_W3Y - SIOL 'B! �n -6•Dl6 tlr3 f11 Dr!D:I\YN\OYJ \�c..+aar� L.r �J ra.l0or0�rLCf I\Orr0-:I\:I\�r
Attachment 1

N o
ef r C
42
U "' '° 3{ f 1, I �-1 1 W
LLJ
7-1
cc
_ �. Jam._ - _ •�✓ �r �� � V�»�� ,• • � t`�.,. � _
�.._� "^ y �: ,F _ . � �'�� ., tri ` 4 ..- �-�"T} F•
•' i _ n
M .
/may
_ r
LU
IL
/ r R
LU
NP
41
�+
Idol .may r 2'iS J J
94"
�.
f -•'�," f-� 2 '�` yrs ' L 4_
a
•
LLJ
�
�•. , ...� ,1 •i�I yr :rte .. —�� _ - •.:` � J
-

Attachment 3a

f
Y
' r9 �•'
f
jjj
4
,
r
f
Y
' r9 �•'
f
jjj
,
r
f

<$3H
-� oa'° :o
M.
wso°<�gaaS ot�tw�m�g��z m°Wt
- c �S
&t�
e€ rrr,8� �;r8
i— Ss�e$ssas
x nS#"SR�re
y o
a ai 0000000
w 888858
g
J
6 r
888
z �
N l .7 w
U;_y HiQ a 000
j ? 8 = 88S
��W s
w
i
w
?-5
0
0
o S
++:58
8S
U ^R- m
L
R5 55
FSO°8
o
5� w
�e
U
�n
tl
�-
w
i
w
?-5
0
o $8$00
g8
++:58
8S
U ^R- m
L
R5 55
FSO°8
o
5� w
�-
a
Q�$USE
a
8888
N
I
�0000
U
.2. ryrrnr
y =
8888
v
&$R8
r§
a
Q
Z
LUW
U
w
w
w
U
w
w
CO
U
I. rvo .- n, se'1st�1 -, i i 11r -1 wi -a.o igiau q .— — - oroEori Vbw .w —,1111-\—\..o .._mzori\ovea-ci\"\:,
e�
L
o
5� w
�-
0 0
a
8888
o�
I
�0000
.2. ryrrnr
y =
8888
v
&$R8
s
A Alii
0
w
N
5888
U
n.3r
SSSE
€gv
ao
'R<-
-$°
I
a
Q
Z
LUW
U
w
w
w
U
w
w
CO
U
I. rvo .- n, se'1st�1 -, i i 11r -1 wi -a.o igiau q .— — - oroEori Vbw .w —,1111-\—\..o .._mzori\ovea-ci\"\:,

C�C� d3 3 V a
N
s
cnz b d
W
o
W
o I I
o Q z
m Z
L"
o U0
Y r
LU
LU
U3
a
LU
w
ce
Uy

W
a� gg
9133HS33S
'i V1S 3NI1}l
IIff
- g i 711
i fl
rr
a � ,
�1
B iI
Kiril
SYS � \� f .nom. ]1P•� I —s5— _ � �
rely
\ y R5
ig
i H r iu yf�
4 ~w..}*.vo1S3NN14k'31'1{{'.
ci�3~rs3�s � ll
�- of ru�1l41lll�ii�llll�lllll`,
NOON■
�
11111
NOMME
1ICC:111
■■C1'11 �1�1111�"En.
11■■■•:IIal1N1
■■■
■■
NOON
MEN■
.
■■ ■■
WENN
■■
-
.::1
�1Now
-
■■ME 11��11
■O■■ ; '1:'•�1■1111
mi■■■mmal mill
El■■■ i■■■E■
■
111111111�111111C1■
■I�■EA41 `SiY �. NOON ■■ ■�
L7C�i
■kK '�I■■■Eli■�■■��
MIE
•
11��11■EE.�
11
IRA■1■N-a
.
EIO■NONE■�jj
.: ■1MEMO
MIN
1 1
' 1
OEM mmNOON1
�■ ■v ■■■■■■■■■■
C...11■w■■■■■■■■■■
■■■■■■■■ frt■■■■■■■■■E
ME Him
�i 11111
11111111 �.C.
11111::'■ •■ NONE
■■■■■ ■■■EE
MENEM
NOMEME
InON ��Wmm
ONE
111. 11■■■■�■.
111

4133HS 338
11S 3NIl HOJA
1
I
o=u'yl
Jpu
wool
Ea
�ff Clue �v
:�pVo •1 1
Y
n`� I
�1
1
1
�+ I
� 'iY'rXCI�
.I
1
g I
yO "F�4
o =04 Y
J Zv
Q U =
@ Lf
o >
>-2
W
�N5
,1�aa
0
O
6
N
P�P•P1����1�4'4C0��4®�P>� � III - '.,.

f W�
L �
�3n
yr$
s
-
$
s.
•,
s oR"s
',i
J
gg�
^y
deo
`OucG
z
_
�3
IJw
o
a
0
m
�
m
aim
-
Na
• •S 133HS 33S
G. jl
to
�o_
f3ln_
.gym
��T!
f W�
L �
•,
s oR"s
',i
^y
�
,,
•, ,, 1
IJw
o
a
0
m
�
m
aim
-
Na
f W�
L �
•,
s oR"s
',i
•,
•• ^�li NISI
�
,,
•, ,, 1
aim
-
,+S" —
• •S 133HS 33S
•,
s oR"s
',i
-
G. jl
to
r
OS'9i vIa
�

E
cnza
°
V°v
W
7
Z
a❑ �
6l
Q ,
N 6`
a.=
wt
I-
H

z
CL
CL
r
Y
`1
J v
S�� U
LO a�tu
-
cnza
W
1L N
ul
m
W
I-
hW
3
�IIC11�t11Q:11.
t 1111._ ■®■..
, . MEssaORMONI1 11=
tt ■■■■■
■
.■■.MOSE
: CIAII®1
■■■. ..■ C1111a1
- ►�,� • _. _ ...E .■•lC - 1.11..
s :C::1,9�11
111111
■M.2.
t
SINE
■.
h :, ■n�i�0i E1111111.E III.
AgKOM
f

Q �z
-
m^ Ela
v�i z
d E
W =
0 8.2
°
V < _
N=
W
Hw
o
o �
Q
z
LU
LU
oo
U
o Y
w
LU
o U
+ w
�LU
m
+ U
+
0
0

J
o�ea aooerze - wa sz ers smz a �� +�o• .� a osnowz k.,e - oo o.zoen>a�;.,,a �_,, i �ea�ors�•=..»m ,>en ».0 o-omoc��o>m-nim:,.

z
d
w
Y
0

4j
u
N
41
4J
41 1W5

T4�7i�F�I�I�TT7 ;
Jia3 rv0aer3e - na sc oe.s si02 ii �u p Rop i �� - o Sa33w5 rma - oobvzos \�°.!.e.p �o,�.�,�a�aJ\avJ\Rn�».J 3ae.J »iq 3-u... ...LJ-:.....�
J
i
2 7
° 5
T4�7i�F�I�I�TT7 ;
Jia3 rv0aer3e - na sc oe.s si02 ii �u p Rop i �� - o Sa33w5 rma - oobvzos \�°.!.e.p �o,�.�,�a�aJ\avJ\Rn�».J 3ae.J »iq 3-u... ...LJ-:.....�

_ E � � � too •
M LL =
O r w• €
3:
0
0
o Lr)
N
m
o � O
+ oQ
N
O
d �
O Q +
LLJ
O Q
U1
O
O
0
"
0
0
o Q z
o
o Z
W
o v"
+ Y .
W
LLJV
o W
m W
H
m
o �
" U
0
0
0
v>
m
O
rn
0
oras Noaasa - +< msa sioz ii . c moi e. a cvaaxs era - wo.zon\�s =.a a. a .. ws,. ,,,.eo.o-mzo;
�p to;
N yati w
[� N
cnz
W
_ E � � � too •
M LL =
O r w• €
3:
0
0
o Lr)
N
m
o � O
+ oQ
N
O
d �
O Q +
LLJ
O Q
U1
O
O
0
"
0
0
o Q z
o
o Z
W
o v"
+ Y .
W
LLJV
o W
m W
H
m
o �
" U
0
0
0
v>
m
O
rn
0
oras Noaasa - +< msa sioz ii . c moi e. a cvaaxs era - wo.zon\�s =.a a. a .. ws,. ,,,.eo.o-mzo;

Attachment 5
WAKE Parks, Recreation &
COUNTY Open Space
XORi n (.rRO Nn
April 4, 2015
Mr. Robert W. Deaton
NCDOT - PDEA
c/o Sheila Gibbs
Local Programs Management Office
1595 Mail Service Center
Raleigh, NC 27699-1595
Re: C-5163: Crabtree Creek Greenway -Cary
Dear Mr. Deaton:
TEL [phone]
FAX [phone]
Wake County Office Building 10`h Floor
337 S. Salisbury Street
PO Box 550, Suite 1000
Raleigh, NC 27602
http://www.wakegov.com/county/parks/default.htm
Wake County, as owner of the majority of the property that Cary's segment of the Crabtree
Creek Greenway will traverse, strongly supports the Crabtree Creek Greenway project proposed
by the Town of Cary. This greenway will provide a bicycle/pedestrian route between the
Town's existing Black Creek Greenway and Evans Road/Aviation Parkway along the south side
of Lake Crabtree increasing the accessibility of the park and making future greenway
connections within Wake County.
Cary's Crabtree Creek Greenway is an integral part of a major east/west trail connection which
will link Cary's greenway system with the greenway networks of Raleigh, Morrisville and
ultimately Research Triangle Park. Construction of this regionally critical trail will provide
greenway access to employment centers, shopping areas, parks and schools, and a safe and
efficient way to reduce motor vehicle trips.
The proposed improvements will NOT convert any existing facilities from their existing uses.
The Wake County property that the trailhead will occupy is part of the 868.86 acre Crabtree
Creek watershed parcel which is used primarily for flood control. The trail route is undeveloped
land and is currently not used or intended for any other purpose, except for an unpaved foot -
trail that the greenway trail will replace, and continuance of the Town of Cary's existing sanitary
sewer, that will not be impacted by this project. The project does not fall within the parcel of
land leased from The Raleigh-Durham Airport Authority for Lake Crabtree County Park. It will,
however, enhance the recreation activities that the watershed parcel contributes to that park,
particularly improvement of the existing trail connections to the County Park.

Attachment 5a
Wake County fully supports this project and hopes that the North Carolina Department of
Transportation will support the project as well.
Sincerely,
Christopher Snow
Director, Wake County Parks, Recreation & Open Space
919-856-6677

Attachment 6
North Carolina Department of Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Pat McCrory
Secretary Susan Kluttz
October 28, 2013
Stephen Greene
Ramey Kemp & Associates, Inc.
5808 Faringdon Place, Suite 100
Raleigh, NC 27609
Re: Crabtree Creek Greenway Phase 3, C-5193, Wake County, ER 13-2567
Dear Mr. Greene:
Thank you for your letter of October 14, 2013, concerning the above project.
Office of Archives and History
Deputy Secretary Kevin Cherry
We have conducted a review of the project and are aware of no historic resources which would be affected by
the project. Therefore, we have no comment on the project as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR
Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or renee.gledhill-
earleykncdcr.gov. In all future communication concerning this project, please cite the above referenced
tracking number.
Sincerely,
tom- 60KRamona M. Bartos
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6599

Attachment 7
Beasley, Troy
From: Shaeffer, David L SAW <[e-mail]>
Sent: Wednesday, October 15, 2014 9:31 AM
To: Beasley, Troy
Subject: RE: Crabtree Creek Greenway (Lake Crabtree) (SAW -2014-01454) - Request for
Documentation of Wetland Delineation Verification on August 12, 2014
(UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats: NONE
H i Troy,
I concur with your summary of our August 12, 2014 site review.
Sincerely,
David L. Shaeffer, Geographer
U.S. Army Corps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Phone: [phone] ext. 31 Fax: [phone]
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at http://regulatory.usacesurvey.com/
-----Original Message -----
From: Beasley, Troy [mailto:[e-mail]]
Sent: Monday, October 13, 2014 9:21 AM
To: Shaeffer, David L SAW
Subject: [EXTERNAL] Crabtree Creek Greenway (Lake Crabtree) (SAW -2014-01454) - Request for Documentation of
Wetland Delineation Verification on August 12, 2014
David,
This email is in follow-up to our site meeting on August 12, 2014 to review the wetland delineation for the proposed
alignment of the Crabtree Creek Greenway (SAW -2014-01454). At the site meeting, the wetland delineation was
approved with no revisions, as depicted in the attached Exhibits.
Since we will be submitting a PCN for a NWP 14 for this project, the Preliminary Jurisdictional Determination will be
issued in conjunction with the NWP 14. However, we need written documentation that the wetland delineation has
been preliminarily approved in order to move forward with submittals, including the Categorical Exclusion being
submitted to NCDOT. Therefore, in order to provide written documentation for upcoming submittals that the wetland
delineation was approved in the field, will you please reply to this email concurring with my recap of the site meeting in
August 12, 2014.

Attachment 7a
Thanks for your help, and please let me know if you have any questions.
Troy Beasley
Withers & Ravenel<http://www.withersravenel.com/sigs/WRLogo.gif>
1410 Commonwealth Drive, Unit 1011 Wilmington, NC 28403
Phone: [phone] Fax: [phone]
Direct: 910.509.6512 Mobile: [phone] [e-mail] www.withersravenel.com
<http://www.withersravenel.com>
NOTICE OF CONFIDENTIALITY AND NONDISCLOSURE: This electronic message, which includes any attachments and other
documents referred to herein, contains information from Withers & Ravenel, Inc. that may be proprietary or
confidential. The information is intended for the use of the addressee(s) only. If you are not the addressee, note that any
disclosure, copying, printing, distribution, or use of the contents of this message is prohibited. If you received this
message in error, please advise the sender by reply and delete this electronic message and any attachments.
COPYRIGHT NOTICE: Copyright 2010 Withers & Ravenel, Inc. All Rights Reserved by Withers & Ravenel, Inc. This
electronic message, any attachments thereto and all documents referred to therein are provided for the recipient's
information only, and no rights are licensed, transferred or otherwise granted by the transmission of this electronic
message by Withers & Ravenel, Inc. or receipt of this message by the recipient or any other party.
Classification: UNCLASSIFIED
Caveats: NONE

]., X
W
W
Q
'4i
Q W +
W W
Er Cc
u7 LC
J t Ir
Q Q
WCO
L Q
W W
/fir
N
r f
/,
¢
QN
G
Z
5a
J J
W �
W
w R
Z r N

GRAPHIC SCALE
'D IOU
WhA -amp
. _
1 inch 00 ft. ft
STREAM 7 a
CRABTjR/EE CREEK
F K`r
4V- Aq,:
1
ON
# w
F .
w E
♦ . ♦ w S w
..� .•. w+rw.w. rW wyw.w.w.
a r w w w r w .. r v ► Y
-'. � .. ;� III �� W . .. ♦ w 1 ♦ w . . w a . #
. W wWETLOND6 G w # w
Y w w w. . . w# w w+. w. r. r Y+ w . r
w a Y# a . a Y . .�.
9TAREM6a_ w W W W
w r
{ �.' ..✓^�, w Y. ... Y .. w
•
. w w r. w . # . w # + Y w . V .
w w.
WETLANw F w r r w
D wSfREfAM 5
Y w a
LINE . w
a Y • w
v 4w

.. . . . . .r.`. .`. . . . . w Y w wt
w . • . + a . w . . w w R. . w w .. r #� . r r . ` w a . . w . w . .
W . . . ` . . . . . . .` w' . W . . W ``. . . . . W 4
w w r w w w . 4 t Y w W . V. . W W ♦ r .♦• . V ♦ . . r
. . . . . . . . . . . . . Y ` r ` . W . ` w r . .^. . . .
f+�
w`waSfR AS_..w_a.Yw Frr.va ww.w.aW .aw�.w www.ww�a�.r.
i r
. . . W r w . .. . . . . . . . ` 6 . .
`
. r . . . . . . . ` . Y Y
a ♦ + + . a . w w . W . Y W . . . . . w w . . . . . r
. . . . . . . e . `
w . . . . . . . . . . w r w . . w . . . ` . . . . . .
`
r w w . . . . . . . . . r '. a . . . W . r . . ♦ t . . t
.. w ` . ..... w ...... . .... r . w .
.. W W r . Y . + . . r .. w .. + . r . a . .. W .... .
. w . . . . . . . .. . . . . . v w
• . w ♦ w w w a r r V r r Y . w r . . . . ` . . . . . .
. . . w . ` . . . r V ` V * . ` . . . . . .
w w ♦ ` . . . . . . . V . . . . . Y w w w W ` w w . w . . w . . .
r . . V r a w . /..1 r . • . V a w . . . . w . . . .
r ww w.
w. ` w .` ` . w r i. r a .
. . w . W w w W . r w w
w w . . . w . . . . . . . . . . w
. . . . . . wWE$LANa Q + . ` ` ` r w a . . . a . .
. . a
w . w . . . . . . . . . . .
. . . w . w . . . .
w a w w r . . .�`.r W a `♦ri `. . w `. `
. W . . W . w . r . . r a . . . . . w
. . . . w . . w . . . . . .. . . .
` w ` . ` w w . . . . . . . . . r
`.. . w w . . w w . .
. r. Y i ri V r
. r ♦ . +` w . w . w w . w Y w .
W Y . . W . . W . . . . . .
. . . . . . . . . w w
r W . . . r . r . . . . a
�. i � W w w a F.` r ♦ W . . . T.
i ♦ ► r'i
r . w w` r
. . .
.` V` V
�"�� w • . ` r W

'r
4r
,� N
1
a
LU
cc
F-
s
4
w
Z
a
J
H
�
,� N
1
a
LU
cc
F-
s

��
p
0
A*
a .
tr,006 '
46
4 E
•

Attachment' 8 ���
NC®ENR -
North Carolina'Department of Environment'and Natural Resources,
Division of Water Resources `
Water Quality Programs
Pat McCrory Thomas,A•. Reeder
Govern, or° Director
January 64014
_Wake Courity°,AttorneYs,Offce
P046 -x 550-
Raleigh,,NC27602
John Ef. Skvarla, `III
Secretary -
Sutiject:;Surface Water:DeUrminatronldt-er,
NBRRO#_4137.8=
'Wake County
Determination Type:,
Buffer Call
Isolatedror EIP'Call
®'Neuse (1+5A NGAC ,2B,• 0233)
Star(*
❑ `r r-Pamhc6,0'5A NCAC'2B 0259)
❑ Ephemeral/Intermittent/Pe_rennial, Det6rmination,
"
❑ Isolated'Wetland,'Determ'ineition,
❑,Jordan (15A•NCAC 2B,.0267)
_ J
Project Name: Crabtree Creek Gfeeriway,(I ake�Crabtree), Cary.
LocationYDirecti`ons: Project is a Wake,County greenway,; extending from,intersection of
Evans,Road and' Aviation Parkway, along,south,side of Lake<Crabtree,to
'Weston Parkway;, approximately 11 miles-
Subject;Stream: UT to Crabtree,Creek/Lake Crabtree
Determination' -Date: January 1, 20.14 Staff: Sara Kaies
£,Feature/Flag
E_/UP*
Not;
aSnb''ect
Subject
Star(*
Stop@
Soil
,Surve
USGS '
To oo
- A --,�
`P_
--Not
_ J
_X
Throughout
-
Throughout
-�
'X,
-X
X
B
-,Present
-
X
-
X
G
Not
Present
_ XX�-
-
FD
I
X_
Throu out
T_ _hr_ong3io_ut
X
E'
Not
X
X
_F*_*
;I
X _ _I
_
DWQ Flag;
X
G
h
X
Throughout
Throughout
X
_ H _
R
_X _
Throughout
Throughout
- - -
- Xe -
X
--
�I
Not
Present
X
�
X
*E/UP' Epli Mr ral/Intermittent/Perennial.
`**Feature •stops prior to project boundary; buffer may impact pr.`o�ect area. one
No Carolina
AIMUMMY
;North Carolma,Division of Water Resources I628,'Mad Service Center Raleigh, NC,276W-1'628 Phone 019j 791-4200
Internet, www ncw_ aterauality org Location 3800 B'arreftUrive ,Raleigh„ NC, `27609 Fax (9'19)'._7,88-2159
,An Equal Opportunely/Qffrmabve{Acbon,Employer-50%Recycled/10%fPost�ConsumerPaper

Crabtree Lake Greenway Attachment 8a
Wake County
January 7-,2614
Page 2' of 2
`Explanation: The feature(s) listed.above has or have been,located onithe 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 maybe
other•streams located on your property that do not show up�on•the maps referenced "above but, still.may, be
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"reque§t.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 c/o Karen.Higgins, DWR,WeBSCAPe Unit, 1650 Mail Service
Center, Raleigh, NC 27699.
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 (inclpding auyother Local, State, and
Federal Agencies) of this decision.concerning any future correspondences- egarding,the subject property (stated
above). This project may require a Section.404/401 P,ermitfor 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.
I_f you have questions regarding this determination, please feel fiee-to contact.,Sara Knies.at,(910) 791'-4200.
spctfully;
Darin y' Sm i _ Superviso,
Water QualityiSection
Raleigh Regiorial Office,
cc: RRO/SWP File�Copy

Attachment 8b

MAL
M
c
rIn 0
'D
0
"n Cn
Z M
z
Tf
m
-4 -n
OD M
m
I >
>
M _4
rtr-
me
"M
M M
m
0 m
-n
M >
m
m
>
4
m
m
CD
m
C
-M
m
(7
MAL
M
c
rIn 0
'D
0
"n Cn
Z M
z
Tf
m
-4 -n
C: m
m
m
>
m
rn
m
"M
MAL
M
c
rIn 0
'D
0
"n Cn
Z M
z

Attachment 9
�T�XIG-0909-- - 0 s-
65077116 LEASE AND INTERLOCAL AGREEMENT FOR
STATE OF NORTH CAROLINA LAKE CRABTREE PROPERTY
COUNTY OF WAKE
THIS LEASE AND INTERLOCAL AGREEMENT ("Agreement") made and entered into as
of the lct h-\ day of 5 1- , 2015, by and between the County of Wake, North
Carolina (hereinafter referred to as "County") and the Town of Cary, a municipal corporation of the
State of North Carolina (hereinafter referred to as "Town"). The County and Town are sometimes
referred to as the Parties.
LTI rV1'M&Y'M:5
WHEREAS, the County owns a parcel of land identified as Wake County PIN #0756800223
totaling approximately 869 acres, and purchased as a part of Site 23 of the Crabtree Creek
Watershed Project, and
WHEREAS, the County leases from the Ra[eigh-Durham Airport Authority approximately
330 additional acres (a portion of PIN #0767324317), adjacent to the property referenced above,
and
WHEREAS, the County owns a parcel of land identified as Wake County PIN #0765077116
totaling approximately 0.95 acres, and
WHEREAS together, these parcels are commonly referred to as Lake Crabtree and/or Lake
Crabtree County Park, located off Aviation Parkway in Cary, North Carolina as shown and labeled
on the attached Exhibit A attached hereto and incorporated herein by reference (hereinafter
referred to as the "Lake Crabtree Property"), and
WHEREAS, the Town's Greenway Master Plan includes a paved greenway trail, extending
from the Black Creek Greenway at the east end of Lake Crabtree, along the south shore of the
lake and along Evans Road, and extending west along Crabtree Creek (hereinafter referred to as
the "Trail"); and
WHEREAS, the County and the Town desire to enter into an agreement to establish this
Trail, which Trail is further defined as Corridor A in Exhibit B — Trail Plan, attached hereto and
incorporated herein by reference; and
WHEREAS, the Town may use an access corridor, defined as Corridor B in Exhibit B
("Access Trail"), for construction access to the Trail and may in the future improve or construct
Access Trail as a means of public access to Trail; and

Attachment 9a
WHEREAS, the Town has obtained Federal grant funding to assist with design and
construction of the Trail and Access Trail to connect to the segment of Crabtree Creek Greenway
trail that the Town of Morrisville is constructing west of Evans Road; and
WHEREAS, the Trail and Access Trail, if constructed, will serve both visitors to the Lake
Crabtree Property and users of the Town's Greenway system, and will also provide a regional
connection to trails in Umstead Park, and between greenway systems of the City of Raleigh and
the Town of Morrisville; and
WHEREAS, the County currently maintains a narrow unpaved foot trail around the lake; and
WHEREAS, the Trail will provide an accessible and more durable route for part of the lake
circuit trail; and
WHEREAS, this Interlocal Agreement is authorized and entered into pursuant to North
Carolina General Statutes, Articles 18 and Article 20, Part 1 of Chapter 160A; and
WHEREAS, this lease of governmental property contemplated by this Interlocal Agreement
is authorized by North Carolina General Statute Article 12, Section 160A-274.
NOW, THEREFORE, in consideration of the mutual goals and promises contained herein,
and the mutual benefits to result therefrom, the parties agree as follows:
1. Purpose: The purpose of this Agreement is to provide for the public good and the
general welfare of the citizens of County and Town by establishing and operating the Trail,
which will be a paved greenway trail along the south shore of Lake Crabtree, connecting to
Black Creek Greenway and the Morrisville extension of Crabtree Creek Greenway at Evans
Road. The Recitals are incorporated into this Agreement.
2. Lease, Operations, Maintenance & Capital Improvements:
A. Lease. The County hereby leases to the Town and Town hereby leases from
County portions of that real property identified as Wake County PIN #0756800223
and #0765077116, as shown and labeled as Corridors A and B on Exhibit B and
further described below, all collectively consisting of approximately 6.356 acres (the
"Premises").
1. Corridor A: said portion lying and being within a permanent 30 ft wide
corridor centered on the Trail as constructed, plus additional areas
necessary for installation and maintenance of drainage structures and
channels.
Page 2 of 7

Attachment 9b
2. Corridor B: said portion lying and being within a permanent 30 ft. wide
corridor centered on the future location of Access Trail, if constructed,
from Weston Parkway to the Trail, through the Wake County parcel
identified as PIN #0765077116, plus additional areas necessary for
installation and maintenance of drainage structures and channels.
B. Temporary Construction Access. The County hereby grants the Town
temporary access and use for grading and other construction related activities during
the period of Trail and Access Trail construction over the real property along the
corridors as identified as "Temporary Construction Access" on Exhibit B.
C. Use, Maintenance, and Repair of Premises. The Parties agree that the
Town shall construct, administer and manage the Trail and Access Trail for the use
and benefit of Town and County citizens on Premises. All Trail related operations,
maintenance and all capital improvements within the Premises shall be the
responsibility of the Town. The Trail shall be constructed to then current ADA
accessibility specifications. The Town shall use best efforts to construct the Trail
within time allowed by the Town's Department of Transportation grant funding. The
Town may but is not required to construct an unpaved or paved Access Trail within
Corridor B for Trail access, and shall be responsible for all maintenance associated
with the Access Trail if constructed. Except to the extent responsibility for the Trail,
Access Trail, and Premises are specifically provided for herein, the County shall
continue to administer and manage the Lake Crabtree Property for the use and
benefit of Town and County citizens.
3. Flood Hazard: The County and Town recognize that the Premises is a part of Site 23 of
the Crabtree Creek Watershed Project and subject to flooding. The County shall not be
liable for damages to any real or personal property improvements placed on the Premises
as a result of flooding or by any other causes whatsoever.
4. Use of the Property: The County and Town agree that the Premises shall be used
exclusively for public recreational purposes including but not limited to trails, bridges,
boardwalks, and associated amenities. No other uses of the Property will be permitted
without the written approval of the County.
5. Term: The term of this Agreement shall commence upon execution by the parties hereto
and shall conclude on June 30, 2054, unless sooner terminated in accordance with this
Agreement or any modification hereto ("Term").
6. Rent: In addition to the consideration provided in Paragraph 2 above, the County agrees
to rent the Premises to the Town for One Dollar ($1.00) for the Term of the Agreement or
any extensions thereof.
Page 3 of 7

Attachment 9c
7. Renewal: The County and Town agree to make the Premises, Trail, Access Trail (if
constructed), and the Lake Crabtree Property available for public use for the benefit of all
residents of the County and Town so long as this Lease is in effect. At the end of the
Lease Term, the County and Town may negotiate in good faith to continue or extend this
Agreement under mutually agreeable terms and conditions.
8. Nonperformance: In the event either Party should fail to keep, perform or abide by any
term, condition or covenant of this Agreement for a period of thirty (30) days after written
notice of such failure by the non -breaching party, then in addition to any other remedies
available at law or equity, the non -breaching party shall have the right to remedy such
nonperformance. In such event, the breaching party shall reimburse the non -breaching
party for any actual, reasonable expenses incurred by the non -breaching party in effecting
such remedy. Such reimbursements shall be due and payable within thirty (30) days after
receipt by the breaching party of written notice specifying and substantiating the amount
due. If the County is the non -breaching party, it may suspend the Town's use of the
Premises until the Town demonstrates to the County's satisfaction that the Town has
corrected the breach and are fully performing the obligations under the terms, conditions,
and covenants of this Agreement. In the event of such suspension, County shall be
responsible for maintaining and operating the Premises.
9. Termination: Either party may terminate this Agreement upon three hundred and sixty-
five (365) days written notice to the other, provided that:
a. If the County should exercise this right of termination at any time during the Term,
then the County shall reimburse the Town for a pro -rata portion of the Town's
construction costs for Trail, Access Trail, and other approved improvements
,completed on the Premises; the costs shall be amortized over the Term (straight line
depreciation with no salvage value).
b. If the Town should exercise this right of termination at any time, then and in that
event, the Town shall complete any improvements begun on the Premises leaving
the Premises in a condition that is safe and reasonably acceptable to the County.
Upon termination of this Agreement for any reason, the Town may not remove any
fixture that is permanently attached to the Premises. The Town shall remove Town's
equipment. The Town shall relinquish any interest the Town may have in any of the
permanently attached fixtures Town has made to the Premises under this
Agreement, and no reimbursement shall be due the Town. The Town shall execute
whatever documentation is reasonably required to protect the County's interest in
improvements relinquished by the Town. The County shall have no responsibility for
repayment of any Town or third party funds used to construct or improve the Trail,
Access Trail, and Premises.
c. In the event of a Termination by either party, the County shall have the right in its
sole discretion, but no obligation, to continue the use, maintenance, or repair of the
Trail, Access Trail, or Premises.
Page 4 of 7

Attachment 9d
d. In the event that the Access Trail is not constructed, the County may in its sole
discretion terminate this ILA and Lease as to the Access Trail portion of the Premises
only, without terminating the ILA or Lease as to the remainder of the Premises.
10. Default /Termination: In the event either Party should fail to keep, perform, or abide by
any condition, covenant, or financial term of this Agreement for a period of thirty (30) days
after written notice of such failure by the non -breaching party, then the non -breaching party
may elect to terminate this Agreement upon ninety (90) days written notice if the breaching
party has failed to make a good faith effort to cure the breach. If the County is the
breaching party and the Town exercises this right of termination during the Term, then and
in that event, the County shall reimburse the Town as provided in paragraph 9(a). If the
Town is the breaching party and the County exercises this right of termination, at any time
during the Term, then and in that event, the Town shall relinquish any interest it may have in
any permanently attached fixtures the Town has made to the Premises under this
Agreement; no reimbursement for such fixtures shall be due the Town; and the Town shall
leave the Premises in a condition reasonably approved by the County.
11. Ownership: The execution of this Agreement shall not affect the County's authority to
sell or convey fee simple title to the underlying Premises. Should the County desire to sell
the Premises, County agrees it shall provide notice to Town and engage in good faith
negotiations with Town should Town desire to purchase Premises for a public purpose.
This provision shall not be considered an option to purchase. Should the County thereafter
sell Premises on which Trail, Access Trail, or recreational and infrastructure improvements
have been made by the Town, the County shall:
A. provide notice of the terms of sale to Town prior to seeking approval of the
County governing board; and
B. at the closing of the sale, reimburse the Town the depreciated value of Trail,
Access Trail, and other approved improvements made by the Town using the
method described in paragraph 9(a).
12. Liability: The Town acknowledges that the County is authorizing use of the Premises
pursuant to this Agreement only for lawful recreational purposes. The Town shall be
responsible for any replacement or repair of paving, landscaping, fences, or other County
owned structures disturbed or damaged, and any property damage or bodily injury,
including death, of third parties arising out of Town's negligent construction, use,
maintenance, or repair of the Trail, Access Trail, or Premises pursuant to this Agreement.
The County shall not be liable to the Town or to any member of the public using the Trail,
Access Trail, or Premises for any injury suffered by reason of the Town's use, maintenance,
or repair of the Trail, Access Trail, or Premises pursuant to this Agreement, so long as such
injury was not caused by any negligence or intentional wrongdoing of the County, its agents,
contractors, or employees. To the extent permitted by law and covered by insurance, the
Town shall indemnify, protect, and hold harmless the County, its agents, and employees
from and against claims or damages, including attorney's fees, caused by the negligence or
intentional wrongdoing of the Town, its agents, contractors, or employees when they are on
the Premises.
Page 5 of 7

Attachment 9e
13. Amendments: This Agreement may be amended by written agreement of both parties.
This Agreement shall terminate upon a sale or transfer of the Premises by the County
pursuant to the terms provided herein.
14. Survival. The obligation to reimburse the Town a pro rata portion of the Town's
investment in Trail, Access Trail, and improvements and the Town's liability obligations as
set forth in Paragraph 12 shall survive the termination of this Agreement.
15. Assignment. The Parties agree that Town may assign this Agreement to another
governmental entity, provided that the Trail and Access Trail shall continue to be used for
the purpose of public recreation, and the Trail and Access Trail is available to the public
upon the same terms and conditions as exist at the execution of this ILA. Any other
assignment by Town shall require the consent of County, which shall not unreasonably be
withheld.
16. Electronic Version of Agreement. Town or County may convert a signed original of
the Agreement to an electronic record pursuant to a North Carolina Department of Cultural
Resources approved procedure and process for converting paper records to electronic
records for record retention purposes. Such electronic record of the Agreement shall be
deemed for all purposes to be an original signed Agreement.
Page 6of7

Attachment 9f
IN WITNESS WHEREOF, the governing boards of the respective Parties have approved
this Agreement by Resolution spread upon the minutes and have caused it to be duly executed
and attested to by their respective Clerks, the year and day first written above. I --
Attest:
Attest:
[SEAL.]
Approved As To Form:
b -
County Attorney
Town
Town Manager
Benjamin T. 5hivar
ke Cotinty Board of Commissioners
(I W'A�
r/kt_R..-- Chairman
This instrument has been preaudited in the manner required by the Local Government Budget and
Fiscal Control Act.
Finance Officer, Wake County
Frank Cope, Community S&Vices Dhctor
Page 7 of 7
._._ 1-.1 pit
This Instrument has been preaudited In the
manner required by the Local Government
Budget and Fiscal Control Act.
flora
�!
D uty Finance officer Cate

JOA
Glad
Attachment 9g
.. ........ . .

mms
o a o m
�-0caY
G
R
G
3 C 0 4
'q 3 0
$Coe
`^C cf mfi
r2:
0-
Q t
N
LL
LL
O
O
V
to
w
2
N
C6
a �
iV U
C
r
a
a
m
r,
Z-<
uj
d
a
w
a.
w
w
w
F-
m
w�
Y Z
�,� W

Uno on^.or\rra\u1+3oiw u. E.w d—g- W� :t 7,s - F_ —. —
n
�l\E '- r ,Y i ° t• •�.i' .k•` a„-. r�r 9� �, 1 +k. ,. +�u '� - r '� ?': ] ` Ate',„
` ) z r
r� w' e•
'Q r` c _ .� ` m pm
T t ,.� , - L` sy r ! y�0 ©Z
e �• +3y�,,; + y
llkJ/ -
7 r;
n Y -
i
P.
.? bl ;o :0 55�1_y 1fL
2
Z n a -
�`,
_ x
x r- m
o /'; U �
►' 7 > n n�
m
EF
r,luR.
N '
C71
{
qv-
{ j
-L YVINK,

Attachment 10
TRANSPORTATION & FACILITIES DEPARTMENT
November 17, 2015
Mr. Chris Snow, Director
Wake County Parks, Recreation & Open Space
337 S. Salisbury Street, Suite 1000
Raleigh, North Carolina 27602
Re: NCDOT STIP Project C-5163: Section 4(f) Coordination for Lake Crabtree County Park
Dear Mr. Snow,
The North Carolina Department of Transportation (NCDOT) in conjunction with the Town of Cary,
through a Municipal Agreement, is proposing to construct the Crabtree Creek Greenway. The project is
included in the Town of Cary's 2012 Parks Recreation and Cultural Resources Master Plan. The project
provides a greenway/multiuse path from Evans Road around Lake Crabtree and will connect to the
existing Black Creek Greenway. The project will be built with the majority of the trail being constructed
on the existing natural trail that is on Parcel # 0756800223 that encompasses approximately 2/3 of the
Lake Crabtree and serves a part of Site 23 of the Crabtree Creek Watershed Project.
Attached is a figure detailing the location of the proposed project located near Lake Crabtree County
Park and in Site 23 of the Crabtree Creek Watershed. NCDOT and the Federal Highway Administration
(FHWA) believe that the proposed project will have no adverse effect on the activities, features, and
attributes that qualify Lake Crabtree County Park for protection under the Section 4(f). With Wake
County's agreement, we would deem the impacts from the proposed project to be de minimis.
Additionally, the Inter -local agreement between Wake County and the Town of Cary states on page 3 of
7 (item #4) that "the Premises shall be used exclusively for public recreational purposes including but not
limited to trails, bridges, boardwalks, and associated amenities." However, the purpose and need of the
project is to provide connectivity for alternate modes of transportation in addition to recreational
purposes. The purpose and need for this project is the following: "The Town of Cary desires to design a
thoroughfare system that comprehensively incorporates a variety of transportation modes for adequate
access, flow, connectivity, safety, and mobility. As a part of that thoroughfare system, the Town wishes
to emphasize pedestrian -oriented development to achieve a comprehensive system of bicycle lanes,
greenways, and sidewalks that connect to neighborhoods, parks, schools, offices, commercial areas, and
other public spaces. The construction of the Crabtree Creek Greenway will provide connectivity to the
Black Creek Greenway (thereby connecting to William B. Umstead Pork to the Northeast and Bond Pork
TOWN Of CARY
316 North Academy Street • Cary, NC 27513 • PO Box 8005 • Cary, NC 27512-8005
tel [phone] • fax [phone] • www.townofcary.org

Attachment 10a
to the Southwest), and will provide a parallel route for bicyclist and pedestrians to Weston Parkway and
Evans Road reducing conflict with motorized vehicles on those heavily travelled facilities_ The project will
also connect to the Morrisville Crabtree Creek/Hatcher Creek Greenway. The project is included in the
Town of Cary's 2012 Parks Recreation and Cultural Resources Master Plan.
If you concur that the proposed impacts to Lake Crabtree County Park, as described above and shown
on the attached figures, will not adversely affect the park's access and use, and that the use of the
greenway for alternate modes of transportation (bicycles and pedestrians) does not violate the Inter-
local agreement, the NCDOT is requesting that you sign and date this letter in the spaces provided
below, keep a copy for your files, and return a signed original to the address provided. We will keep a
copy of the letter in the project files.
As Director of Parks, Recreation and Open Space and Director of Community Services for Wake County,
North Carolina, the officials with jurisdiction over the Lake Crabtree County Park in Cary, we concur with
the determination that the proposed NCDOT project C-5163 as described in this letter and shown on the
accompanying attachments will not adversely affect the activities, features, and attributes that qualify
Lake Crabtree County Park for protection under Section 4(f) of the Department of Transportation Act as
amended. we have been informed that, based on our concurrence, the FHWA intends to make a de
minimis finding regarding impacts to the Lake Crabtree County Park, thus satisfying the requirements of
Section 4(f).
6Signed: _ a _ Signed:
ChristopFter Snow, Frank Cope,
Director of Parks, Recreation and Open Space Director of Community Services
Wake County, North Carolina Wake County, North Carolina
Date: !t- c-7 —1`s
Date:._
Upon signing and dating this letter, please return it to me within one week of the date of the letter to
the following address:
Town of Cary
Transportation and Facilities Department
316 N. Academy Street
Cary, NC 27513
The Town of Cary greatly appreciates your cooperation in making the C-5163 project possible. Should
you have any questions or concerns, please contact me at [phone] or at
[e-mail].
Sincerely,
Amy Mackintosh, PLA
Transportation and Facilities Department
Attachments
CC: Felix Davila, PE -- FHWA

Attachment 10b
_ � W
Z e
W
y � r
i0�4
a
t ' C
_ N1 •
}+ vi. W r
_•-
LU
Ca
,r
' U l
� � Z
a
t 2W V m
Lei W,• 0 ��Irw. 2
LLI
ui
Cr
a
ZIX am: (L)Ujo
9
z o +r to Ny. q W
LU
p LOU, 4 '� } a c
w WpV f ! _ a �. ^P� w
O aU rUa
4 W
W I^'- ix
AM
r , r
cc
.� � #• _ ray }
3►1'.MWI-0 - VW 7e +w-&-jo—a 0 o,CC' ..-1-7

Attachment 10c
PUBLIC NOTICE FOR THE CRABTREE CREEK GREENWAY
STIP Project No. C-5163
The Town of Cary is seeking public comments regarding the construction of a
greenway/multiuse path from Evans Road around Lake Crabtree and will connect to the
existing Black Creek Greenway, NC.
After consulting with the Wake County Parks and Recreation Department, the
Town of Cary is proposing to construct a greenway that will connect Evans Road
around Lake Crabtree and will connect to the existing Black Creek Greenway on Site 23
of the Crabtree Creek Watershed Project owned by Wake County.
The Greenway project will add approximately 2.25 miles of 10 -ft. wide paved trail along
the southern edge of Lake Crabtree, extending from the existing Black Creek Greenway
(at Weston Parkway) to the intersection of Evans Road and Aviation Parkway. Federal
Highway Administration approval is currently in progress and construction is scheduled
to begin in the Spring of 2016.
Citizens may comment on the project until December 2, 2015 by contacting Amy
Mackintosh, Town of Cary Project Manager, at [phone] or via e-mail at
amy.mackintosh(cDtownofcary.org. Written comments may be submitted, referencing
State Transportation Improvement Program (STIP) Project No. C-5163, mailed to:
Amy Mackintosh
Town of Cary
Transportation and Facilities Department
316 N. Academy Street
Cary, NC 27513