20150995 Ver 1_U-5530GA_PCE Checklist_05-17-2016.pdf_20160524

NCDOT PROGRAMMATIC CATEGORICAL EXCLUSION (PCE)
ACTION CLASSIFICATION FORM
PCE-100L May 20162
TIP Project No.U-5530GA
WBS Element 44111.1FB8
Federal Project No.STPDA-0507(10)
A.Project Description:
The Town of Fuquay-Varina, in coordination with the North Carolina Department
of Transportation, (NCDOT), proposes to construct a 10-foot wide paved
greenway with 2-foot grassed shoulders beginning at the existing asphalt path
around the soccer field at Honeycutt Road Park and continuing in a southeast
direction on new location to the existing trail located on the east side of NC 55 in
the South Lakes Subdivision. The greenway will be approximately 2,000 feet,
including one 400-foot crossing of low-level timber boardwalk over a tributary to
Black Creek. There will be a midblock crossing at NC 55 marked with a high
visibility crosswalk. The project area and proposed design are shown in Figures 1
and 2.
B.Purpose and Need:
The purpose of this project is to provide more recreational opportunities for
residents of Fuquay-Varina. It will connect residential neighborhoods to
Honeycutt Park.
C.Proposed Improvements – Select ALL Activities that apply to the Project,
regardless of TYPE
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.
3.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).
NCDOT PROGRAMMATIC CATEGORICAL EXCLUSION (PCE)
ACTION CLASSIFICATION FORM
PCE-100L May 20163
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 activities:
1.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.
NCDOT PROGRAMMATIC CATEGORICAL EXCLUSION (PCE)
ACTION CLASSIFICATION FORM
PCE-100L May 20164
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
l.Installing bridge safety hardware including bridge rail retrofit
3.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
d.Replacing a bridge (structure and/or fill)
4.Transportation corridor fringe parking facilities.
5.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.
7.Approvals for changes in access control.
8.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.
NCDOT PROGRAMMATIC CATEGORICAL EXCLUSION (PCE)
ACTION CLASSIFICATION FORM
PCE-100L May 20165
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:
The greenway will cross a tributary to Black Creek with a timber boardwalk. No
impacts are anticipated on the stream. The study area is within the Neuse River
basin. There are no Outstanding Resource Waters or High Quality Waters near
the proposed project. The project is located in a Class B Nutrient Sensitive
Waters (NSW) Watershed.
A North Carolina Department of Environment and Natural Resources (NCDENR)
Erosion Control Permit is anticipated since the project will disturb an area greater
than or equal to one acre.
Two wetlands (shown on Figure 2) were identified within the project corridor
during a field investigation by Kimley-Horn environmental scientists on March
19, 2015. A timber boardwalk will be constructed across one of the wetlands to
minimize impacts. Due to impacts on the second wetland, a Nationwide Section
404 and 401 permit is anticipated.
The US Fish and Wildlife Service (USFWS) lists five federally protected species
for this area: red-cockaded woodpecker, dwarf wedgemussel, Northern long-
eared bat (NLEB), Michaux’s sumac, and bald eagle. The North Carolina Natural
Heritage Program (NCNHP) element occurrence database records (updated July
2015) did not identify any federally listed species occurrences within the study
area. However, through field investigation, biologists found suitable habitat
present for the NLEB within the study area. The biological conclusion for the
NLEB is “May Affect, Likely to Adversely Affect.” A summary of the protected
species survey is in the appendix.
Approximately 1.0 acre of total right of way will be required from one private
property and one Town of Fuquay-Varina property.
The proposed greenway requires permanent use of approximately 0.15 acres of
Honeycutt Road Park, which is a Section 4(f) property. The Town of Fuquay-
Varina has provided avoidance and minimization measures by meandering around
NCDOT PROGRAMMATIC CATEGORICAL EXCLUSION (PCE)
ACTION CLASSIFICATION FORM
PCE-100L May 20166
trees so that the improvements will not adversely affect the activities, features, or
attributes of Honeycutt Road Park. The greenway is considered a recreational
facility rather than a transportation facility and is therefore consistent with the
existing recreational use of the property. No adverse comments on the project
have been received from the public. Based on guidance from FHWA, it has been
concluded that this project will not result in a use of the Section 4(f) property
because it will not (1) incorporate the land into a transportation facility, (2) use
the land temporarily for construction-related activities, or (3) have a constructive
use that will result in substantial impairment to the property. A letter from the
Town of Fuquay-Varina Parks, Recreation & Cultural Resources Director is in
the appendix.
There are no Section 6(f) resources in the project area.
A public meeting was held on November 15, 2013 with 42 citizens in attendance.
The citizens in attendance were generally positive about the project, and did not
express any concerns.
NCDOT PROGRAMMATIC CATEGORICAL EXCLUSION (PCE)
ACTION CLASSIFICATION FORM
PCE-100L May 20167
E.Threshold Criteria
The following evaluation of threshold criteria must be completed. See Local
Programs Management Handbook for more guidance on how to answer these
questions.
ECOLOGICAL YES NO
(1)Will the project have a substantial impact on any
unique or important natural resource?X
(2)Does the project involve habitat where federally
listed endangered or threatened species may occur?X
(3)Will the project affect anadromous fish?
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
project significantly affect the coastal zone and/or any
"Area of Environmental Concern" (AEC)?N/A
(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
NCDOT PROGRAMMATIC CATEGORICAL EXCLUSION (PCE)
ACTION CLASSIFICATION FORM
PCE-100L May 20168
(14)Will the project require any stream relocations or channel
changes?X
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 traff ic
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, wi ll 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?N/A
(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
NCDOT PROGRAMMATIC CATEGORICAL EXCLUSION (PCE)
ACTION CLASSIFICATION FORM
PCE-100L May 20169
(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
(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 t he National System of Wild and Scenic Rivers?X
F.Additional Documentation Required for Unfavorable Responses in Part E
The US Fish and Wildlife Service (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 (NLEB) (Myotis septentrionalis) 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 is May Affect, Likely to
Adversely Affect. The PBO provides 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 U-5530GA is located. This level of incidental take is
authorized from the effective date of a final listing determination through April
30, 2020.
Project requirement for PBO compliance:
After project completion, the contract administrator for construction must submit
the actual amount of tree clearing reported in tenths of acres. This information
should be submitted at:
https://connect.ncdot.gov/site/construction/biosurveys/Lists/Northern%20Long%
20Eared%20Bat/Allitems.aspx
Please contact Cheryl Gregory ([e-mail]), Natural Environment
Section –Biological Surveys with any questions.
G.
NCDOT PROGRAMMATIC CATEGORICAL EXCLUSION (PCE)
ACTION CLASSIFICATION FORM
PCE Approval
TIP Project No.
WBS Element
Federal -Aid Project No.
Project Description:
U-5530GA
44111.1FB8
STPDA-0507(10)
The Town of Fuquay-Varina, in coordination with the North Carolina Department
of Transportation, (NCDOT), proposes to construct a 10 -foot wide paved
greenway with 2 -foot grassed shoulders beginning at the existing asphalt path
around the soccer field at Honeycutt Road Park and continuing in a southeast
direction on new location to the existing trail located on the east side of NC 55 in
the South Lakes Subdivision. The greenway will be approximately 2,000 feet,
including 400 -foot crossing of low-level timber boardwalk over a tributary to
Black Creek. There will be a midblock crossing at NC 55 marked with a high
visibility crosswalk. The project area and proposed design are shown in Figures 1
and 2.
Cateizorical Exclusion Action Classification: (Check one)
TYPE I (A)
X TYPE I (B)
Prevared By:
s/16M.
Date
TYPE II(A)
TYPE II(B)
NO BOXES Checked
ANY BOX Checked
NO BOXES Checked
ANY BOX is Checked
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Kimley-Horn and Associates, Inc., [phone]
Prepared For: Town of Fuquay-Varina
Local Government Agency
Reviewed: A i
j�X LID
D to jpr r ect Dev. Unit Head / Div' ion Representative
NCDOT (- PDEA ; / NCDOT Division
Approved: For Type I(B) or II(B) projects only:
Date
Division Administrator
Federal Highway Administration
PCE -100L 10 May 2016

NCDOT PROGRAMMATIC CATEGORICAL EXCLUSION (PCE)
ACTION CLASSIFICATION FORM
PCE-100L May 20161
Wake County
Park Depot Greenway
Federal Aid Project No. STPDA-0507(10)
WBS No. 44111.1FB8
TIP Project No. U-5530GA
All standard procedures and measures, including NCDOT’s Best Management Practices for
Protection of Surface Waters, Guidelines for Best Management Practices for Bridge Demolition
and Removal, will be implemented, as applicable, to avoid or minimize environmental impacts.
The following special commitments have been agreed to by NCDOT:
Commitments Developed through Project Development and Design
Natural Environment Section
The US Fish and Wildlife Service (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 (NLEB) (Myotis
septentrionalis) 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 is May Affect, Likely to Adversely Affect. The PBO provides
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 U-5530GA is located. This level of incidental take is authorized
from the effective date of a final listing determination through April 30, 2020.
Project requirement for PBO compliance:
After project completion, the contract administrator for construction must submit the actual
amount of tree clearing reported in tenths of acres. This information should be submitted at:
https://connect.ncdot.gov/site/construction/biosurveys/Lists/Northern%20Long%20Eared%20Ba
t/Allitems.aspx
Please contact Cheryl Gregory ([e-mail]), Natural Environment Section –
Biological Surveys with any questions.
FIGURES
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Wake CountyHarnett County
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TIP Project U-5530GA
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Figure 1Vicinity MapPark Depot Greenway TrailTIP No. U-5530GAFuquay-Varina, Wake County
WakeCounty
Town ofFuquay-Varina
Town of Fuquay-Varina
County Boundary
Streams
Lakes and Ponds
0 1 2Miles
Honeycutt Road
Park
""55
UTtoBlackCreek
!I
Figure 2
Environmental Features Map
Park Depot Greenway Trail
TIP No. U-5530GA
Fuquay-Varina, Wake County
0 300 600
Feet
Environmental Study Area
Proposed Concrete Island
Proposed Asphalt Greenway Trail
Proposed Boardwalk
South Lakes Greenway
Delineated Wetlands (WA)
Delineated Streams (SA)
APPENDIX

kimley-horn.com 421 Fayetteville Street, Suite 600, Raleigh, NC 27601 919-677-2000

MEMORANDUM
To: Teresa Gresham
From: Ross Sullivan

Date: May 4, 2016
Subject: Protected Species Summary for Park Depot Greenway,
Fuquay-Varina, Wake County, North Carolina

Methodology and Qualifications
Fieldwork was conducted on June 4, 2015. The principal personnel contributing to this document
were:
Investigator: Jason Hartshorn
Education: B.S. Environmental Technology and Management, 2011
Experience: Environmental Analyst, Kimley-Horn and Associates, Inc. 2011-Present
Responsibilities: Wetland and stream delineations, stream assessment, natural community
assessment, T/E species assessment, 404-401 permitting, document preparation,
agency coordination, GPS/GIS, quality assurance and quality control for
deliverables.

Investigator: Ross Sullivan
Education: Masters of Natural Resources (MNR), Assessment and Analysis Technical Option,
2014; Graduate Certificate in Geographic Information Systems, 2014; B.S. Social
Psychology, 2008
Experience: Environmental Analyst, Kimley-Horn and Associates, Inc. 2014-Present
Responsibilities: Wetland and stream delineations, stream assessment, natural community
assessment, T/E species assessment, 404-401 permitting, document preparation,
agency coordination, GPS/GIS, quality assurance and quality control for
deliverables.

Federally Threatened or Endangered Species
Federally protected species listed by the United States Fish and Wildlife Service (USFWS) for Wake
County are shown in the table below per the most recent published listing (April 2, 2015). A brief
description of each species’ habitat requirements follows, along with the Biological Conclusion
rendered based on survey results in the study area. Habitat requirements for each species are based
on the current best available information from referenced literature and/or USFWS.

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kimley-horn.com 421 Fayetteville Street, Suite 600, Raleigh, NC 27601 919-677-2000

Table 1. Federally protected species listed for Wake County
Scientific Name Common Name Federal
Status
Habitat
Present
Biological
Conclusion
Picoides borealis Red-cockaded
woodpecker E No No effect
Alasmidonta heterodon Dwarf wedgemussel E No No Effect
Myotis septentrionalis Northern long-eared bat T Yes MA-LAA
Rhus michauxii Michaux’s sumac E Yes No effect
Haliaeetus leucocephalus Bald eagle BGPA No No effect
E – Endangered
T – Threatened
MA-LAA – May Affect, Likely to Adversely Affect
BGPA – Bald and Golden Eagle Protection Act
Red-cockaded woodpecker
USFWS optimal survey window: Year round; November – early March
Habitat Description: The red-cockaded woodpecker (RCW) typically occupies open, mature stands of
southern pines, particularly longleaf pine, for foraging and nesting/roosting habitat. The RCW
excavates cavities for nesting and roosting in living pine trees, aged 60 years or older, and which are
contiguous with pine stands at least 30 years of age to provide foraging habitat. The foraging range of
the RCW is normally no more than 0.5 miles.

Biological Conclusion: No Effect
A review of NCNHP records, updated October 2015, indicates no known RCW occurrence within 1.0
mile of the study area. The forest community within the Site ranges from an upland forest with a
dense canopy dominated by 40-80 year old loblolly pines (Pinus taeda) with numerous mature oak
and hickory trees throughout to a bottomland hardwood forest and beaver swamp that is dominated
by a dense canopy of oaks, sweetgums (Liquidambar styraciflua), loblolly pines, and red maples
(Acer rubrum). Many of the trees in the bottomland hardwood forest/beaver swamp were dead or
dying due to beaver activities. All pine trees within the project corridor of suitable age/size to be
provide potential nesting habitat for RCW were surveyed for cavities. No RCW or RCW nests were
observed. Further, the site is too dense to provide suitable foraging habitat. Due to a lack of suitable
habitat, a lack of observed individuals or nesting cavities, and a lack of known occurrences in or near
the project vicinity, it has been determined that the proposed project will have “No Effect” on this
species.
Dwarf wedgemussel
USFWS optimal survey window: Year round
In North Carolina, the dwarf wedgemussel is known from the Neuse and Tar River drainages. The
mussel inhabits creek and river areas with a slow to moderate current and sand, gravel, or firm silt
bottoms. Water in these areas must be well oxygenated. Stream banks in these areas are generally
stable with extensive root systems holding soils in place.
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Biological Conclusion: No Effect
Suitable habitat for dwarf wedgemussel is not present within the study area in the unnamed tributary
to Black Creek (stream SA) due to the stream reach being located at the headwaters of the stream,
being impounded by multiple beaver impoundments up and downstream of the project, and a series
of impoundments downstream of the project that would prevent recolonization of mussels of any kind
in the project area. A review of NCNHP records, updated October 2015, indicates no known dwarf
wedgemussel occurrence within 30 river miles of the study area. Due to a lack of suitable habitat
being present within the project area and a lack of documented wedgemussel occurrences within 30
river miles of the project area, it has been determined that the project will have “No Effect” on this
species.
Northern long-eared bat

USFWS Recommended Survey Window: June 1 – August 15

Habitat Description: In North Carolina, the Northern long-eared bat (NLEB) occurs in the mountains,
with scattered records in the Piedmont and coastal plain. In western North Carolina, NLEB spend
winter hibernating in caves and mines. Since this species is not known to be a long-distance migrant,
and caves and subterranean mines are extremely rare in eastern North Carolina, it is uncertain
whether or where NLEB hibernate in eastern North Carolina. During the summer, NLEB roost singly
or in colonies underneath bark, in cavities, or in crevices of both live and dead trees (typically ≥3
inches DBH). Males and non-reproductive females may also roost in cooler places, like caves and
mines. This bat also been found, rarely, roosting in structures like barns and sheds, under eaves of
buildings, behind window shutters, in bridges, and in bat houses. Foraging occurs on forested
hillsides and ridges, and occasionally over forest clearings, over water, and along tree-lined corridors.
Mature forests may be an important habitat type for foraging.

Biological Conclusion: May Affect, Likely to Adversely Affect
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 is “May Affect, Likely to Adversely Affect”. The PBO
provides 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 Park Depot Greenway project is located.
Michaux’s sumac
USFWS optimal survey window: May – October
Michaux’s sumac, endemic to the inner Coastal Plain and lower Piedmont, grows in sandy or rocky,
open, upland woods on acidic or circumneutral, well-drained sands or sandy loam soils with low
cation exchange capacities. The species is also found on maintained railroad, roadside, power line,
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and utility rights-of -way; areas where forest canopies have been opened up by blowdowns and/or
storm damage; small wildlife food plots; abandoned building sites; under sparse to moderately dense
pine or pine/hardwood canopies; and in and along edges of other artificially maintained clearings
undergoing natural succession. In the central Piedmont, it occurs on clayey soils derived from mafic
rocks. The plant is shade intolerant and, therefore, grows best where disturbance (e.g. mowing,
clearing, grazing, and periodic fire) maintains its open habitat.

Biological Conclusion: No Effect
Suitable habitat for Michaux’s sumac exists in the study area along the NC 55 roadside and
maintained forest edges. However, Kimley-Horn biologists surveyed the site for Michaux’s sumac on
June 4, 2015 and no species were observed within the project boundary. A review of NCNHP
records, updated October 2015, indicates no known occurrence of Michaux’s sumac within one mile
of the project boundary. Due to a lack of suitable habitat and a lack of known occurrences in or near
the project vicinity, it has been determined that the proposed project will have “No Effect” on this
species.
Bald Eagle and Golden Eagle Protection Act
Habitat for the bald eagle primarily consists of mature forest in proximity to large bodies of open water
for foraging. Large dominant trees are utilized for nesting sites, typically within 1.0 mile of open water.

A desktop-GIS assessment of the Site, as well as the area within a 1.0-mile radius of the project
limits, was performed on June 4, 2015 using 2014 color aerials.
Several ponds, all less than five acres, are within one mile of the project study area. However, no
nests were observed on the Site plus a 660-foot radius. A review of the NCNHP database, updated
October 2015, revealed no known occurrences of this species within 1.0 mile of the project study
area. Due to the lack of habitat, known occurrences, and the minimal impact anticipated for this
project, it has been determined that this project will not affect thi s species.
TOWN OF FUQUAY VARINA
401 Old Honeycutt Road
1=uquay-Varina, North Carolina 27526
smV71 June 30, 2015
FUQUAY YARINA. NORTH CAROLINA
April Annis
Project Development Engineer, Eastern Region
NCDOT Project Development & Environmental Analysis
1548 Mail Service Center
Raleigh, NC 27699-1548
Subject: Park Depot Greenway Trail (NCDOT TIP No. U-5530GA, WBS 44111.I .FB8)
Dear Ms. Annis,
The Town of Fuquay-Varina, in coordination with the North Carolina Department of Transportation
(NCDOT), is proposing to construct the Park Depot Greenway Trail project, which consists of a I0 -foot
wide paved/boardwalk greenway that will connect a walking track in Honeycutt Road Park with the
existing South Lakes Greenway in Fuquay-Varina. This greenway project is contained in the 1999 Fuquay-
Yarina Greenway System Master Plan.
It is our understanding that Section 4(f) of the US Department of Transportation Act of 1966 may apply to
the portion of this greenway project that will be constructed on publicly -owned property designated as
Honeycutt Road Park. This greenway project will entail permanent use of approximately 0. 15 acres of the
land, in the southwest corner of the park next to the southernmost soccer field. In the development of the
greenway project, the Town has provided avoidance and minimization measures by meandering around
trees so that the improvements will not adversely affect the activities, features, or attributes of the
Honeycutt Road Park. No additional mitigation or enhancement measures have been determined to be
necessary. The public has been afforded an opportunity to review and comment on the effects of the project
on the park. The Town held a Community Open House and public comment session on July 16, 2015 and
received no adverse comments on the proposed project or its impact(s) on the Honeycutt Road Park.
As the Director of the Parks, Recreation & Cultural Resources Department, based on the public comments,
I concur the proposed greenway project will not adversely affect the activities, features, or attributes that
qualify the property for protection under Section 4(f). The proposed greenway project will provide
pedestrian access to the Honeycutt Road Park which further strengthens my support for the proposed
project.
If you have any questions or require additional information regarding this issue, please contact myself at
[phone] or [e-mail] or the Town's Engineer, Tracy Stephenson at [phone]
or tstenhenson�a.fuguay-varina.org.
Sinc ly,
Jonathan Cox,
Parks, Recreation & Cultural Resources Director

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
COPY
Action Id. SAW -2015-01053 County: Wake U.S.G.S. Quad: NC-FU0UAY-VARINA
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Town of Fu ua -Varina
Address: 401 Old Honevcutt Rd
Fuguay-Warina, NC, 27526
Telephone Number: 919-753-1039
Size (acres)
Nearest Town Fuquay Varina
Nearest Waterway Black Creels River Basin Upper Neuse
USGS HUC 03020201 Coordinates Latitude: 35.5790581680812
Lon0tude: -78.7581074111299
Location description: Proposed greenway trail —2 000 feet long between the southern boundary of Honeycutt Road Park on
the south side of Honeycutt Road to the existing trail on the east side of NC Hi hwa SS in the South Lakes Subdivision
approximatel 1,9 00 feet south of Old Honeycutt Road east of Fug ua Varina NC
Description of projects area and activity: This permit verification allows for 0.03 acre of permanent wetland impacts from fill
associated with the construction of the Park De of Greenwa trail. No mitigation is re uired for this vrop2sal.
Applicable Law: Section 404 (Clean Water Act, 33 USC 1344)
[� Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number or Nationwide Permit Number: NWP 18 Minor Discharges.
SEE ATTACHED R GP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted application and attached information dated 09!2512015. Any violation of the attached
conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class
I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of
the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the tenns and conditions of the nationwide permit, activities which have commenced (i.e., are
under construction) or are under contract to commence in reliance upon the nationwide pennit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify, suspend or revolve the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (LAMA),
prior to beginning work you must contact the N.C. Division of Coastal. Management in Morehead City, NC, at [phone].
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of tiie Permit, or the Corps of Engineers regulatory
program, please contact James Last' er at 919-554-4884 x32 or James.C.Lastin er usace.army. mi
Corps Regulatory Officr
�Date: 1012U/2015
Expiration Date of Veriti n: 03118�01���

n SA�'V-2�1U5
Determination of Jurisdiction:
Re ulatory Prograrm Administrative Appeal Process
information, there appear to be waters of the US e cluding wetlands within the above describe project
A. ® Based on preliminary Info ealable action under th g
area. This preliminaiy determination's not an app ' —
{Reference 33 CFR Part 331). — - —�— _----
B. ❑ There are Navigable Waters of the
United States within the above described project area subject to the permit requirements of
period not to exceed five years from the date of this
d Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or oui
Section IO of the Rivers an be relied upon far a peer
published regulations, this determination may
notification. area subject lis the permit requirements of
ur Published regulations,
1344 Unless there ri the date of his notification -
this
inn.
C. ❑ There are waters of the US and/or wetlands within the above describe project law Or
Section 404 of the Clean Water Act (C o A)p3 r od no§ to exceed five year
this determination may be relied up eevious action. Please reference
The 'urisdictional areas within the above described
SAW-
jurisdictional
area have been identified under a p'
D. ❑ J Action
jurisdictional determination is
saed
Basis For Dctermination:
Remarirs:
E, Attention USDA Program Participants
conducted to identify the limits of Corps' Clean Water Act jurisdictionrosn° f he SecurityFood he l
/his delineation/determmationhas been ca io ams, you should request
amici ants, or anticipate participation in USIIA poi to starting work.
'feed in this request. The delineationldeYermmnramn may not be valid far the wetland conservation n p
idents
Act of 1985. If you or your tenant are USDA Prob p
a
certified wetland determination from the local office of the Natural Resources ConservationService, texas as indicated in B
Appeals IIIfarination ('This information applies oily to approved jurisdictional determinations
F. pp
and C above),r the above Object to this
constitutes an approved jurisdictional determin 5ti emulations at 33 CFR Para331. Enclosed you will fmd a
This correspondence appeal this determination you
determination, you may request an administrative appeal under 'Corps
g form. If you request to
Notification of Appeal Process (NAP) fact sheet and request far app (RFA)
must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
phone: [phone] that
ted b the Corps, the Corps must determine that thin 60 daysit is compleeof the of the NAP. Shou d you
In order for an RFA to be accepted y the Division Office
*.k
under 33 CFR part 331.5, and that it has been received by
form to the Division Office if you do not object to the determination in this correspondence.
decide to submit an RFA form, it must be received at the above address by
**It is not necessary to submit an rR A
Corps Regulatory Official: /j James La roger
Date of JD: 10/20/2015

SAW -2_ Q1
The Wilmington District is committed to providingthe highest Survey onlute at htt Ilre el of S1,1ppolt to tile tato To a ehelsurveLis nco1lnl e
continue to do so, please complete our customer Sa
Copy furnished:
Atte: Ross Sum
Address: 3001 West0I—IF arkwa
Car NC 27513
Telephone N►unher;

RECEIVEC
SEP 2 5 2015
RALEIGH REGULATORY
FIELD OFFICE
A TTA CHMFN T A
PRELIMINARY JURISDICTIONAL DETERMINATION FORM
BACKGROUND INFORMATIONA. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL
DETERMINATION (JD): q I -r
B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD:
K+mtey-Horn, ATM Ross Sultivan on behalf of the Town of Fuquay-Varina
3001 weston Parkway; Cary, NC 27513
C. DISTRICT OFFIC'E,I ILE NAME, AND NUMBER:
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
(USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT
SITES)
State: NC County/parishlborough: Wake county City: Fuquay-Varina
Center coordinates of site ([at/long in degree decimal format):
w.
Lat. 35.578551 °N; Long. 78.758607 °
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 NlA acres.
Cowardin Glass: Riverine
Stream Flow: Perennlal (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: NIA
Non -Tidal: N/A
I

E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT
APPLY):
Office (Desk) Determination. Date: ZC��
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 preparedlsubmitted by or on behalf of the
applicanticonsultant.
® Office concurs with data sheets/delineation report.
Office does not concur with data sheets/delineation report.
0 Data sheets prepared by the Corps:
0 Corps navigable waters' study:
Q U.S. Geological Survey Hydrologic Atlas:
® USGS NHD data
El USGS 8 and 12 digit HUC maps
0 U.S. Geological Survey map(s). Cite scale & quad name: Fuquay-Varina (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):
Ill_ FEMA/FIRM maps:
109 -year Floodplain Elevation is:
(National Geodectic Vertical Datum of 1929)
Lr .I Photographs: ® Aerial (Name & Date): ESR' Basemap 6rthalmagery (accessed 502015) or
Ej Other (Name & Date):
Previous determination(s). File no. and date of response letter:
QOther information (please specify):
2

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
o J ) rhe s •
eque��Lrfsdcfon�c�termna�iaoare
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 determinations.
C/7
nature and date of
egulatory Project Manager
(REQUIRED)
F
9/21/2015
Signature and date of
person requesting preliminary JD
(REQUIRED, unless obtaining
the signature is impracticable)

Estimated
Site
amount o
Class aquatic
Latitude
Longitude
Cowardvn Class
aquatic
number
ce
resource
resource in
-
--- --
-review area
- - - -
-- _-- —
SA
35.578285
-78.758125
Riverine
83 linear feet
non -section 10 -
non -tidal
WA
35.579360
-78.759873
Palustirine
0.44 acres
non -section 10
wetland

Action ID Number: SAW -2015-01053 County: Wake
Permittee: Town of Fu ua -Varina
Attn: Trac Stephenson
Project Name: Town of Fugua -Varina Park De of Gree nwa Trail TIP U-5530GA Div5
Date Verification Issued: 10/2 012015
Project Manager: James Lastin er
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Raleigh Regulatory Field Office
Attn: James Lastinger, Regulatory Specialist
3331 Heritage Trade Dr., suite 105
"Wake Forest, NC 27587
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Town of Fuquay-Varina J File Number: SAW -2015-01053 Date: 10120/2015
T)ac Ste henson-
Attached is: See Section below
❑ INITIAL PROFFERED PERMIT (Standard Permit or Letter of pennission)
A
❑ PROFFERED PERMIT (Standarcrnit or Letter of permission}
B
PERMIT DENIAL
C
❑ APPROVED JURISDICTIONAL DETERMINATION
D
NJ PRELIMINARY J JMSDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at or http• vww usace army mil/MissionslCiviIWorks/RegolatoryPro ramandPermits.asp
or the Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its tenns and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the pennit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sigh the pennit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Pen -nit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the pennit, including its terms and conditions, and approved jurisdictional determinations associated with the
Pell -nit.
• APPEAL: If you choose to decline the proffered pennit (Standard or LOP) because of certain terns and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a pennit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This forin must be received by the division
engineer within 60 days of the date of this notice.

D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD, Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section 11 of this form and sending the form to the district engineer. This form
---must-be.reneived the_rlivisinn e ineerwithin-6D da- s-offhe_dat"f_th.smotice---- - --
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for fiu-ther instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional infonnation to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division,
Mr. Jason Steele, Administrative Appeal Review Officer
Raleigh Regulatory Field Office
CESAD-PDO
Attn: James Lastinger
U.S. Army Corps of Engineers, South Atlantic Division
3331 Heritage Trade Dr., suite 1.05
60 Forsyth Street, Room 1OMI 5
Ware Forest, NC 27587
Atlanta, Georgia 30303-8801
919-554-4884 ext 32
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any govermnent
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided. a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to.
District Engineer, Wilmington Regulatory Division, Attn: James Lastinger, 69 Darlington Avenue, Wilmington, North
Carolina 28403
For Permit denials, Proffered Permits and approved Jurlsdietional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal
Officer, CESAD-PDQ, 60 Forsyth ;Street, Room 10M15, Atlanta, Georgia 303038801
Phone: [phone]

AAN,
e•
i
'ah,
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
June 9, 2015
Town of Fuquay Varina
Tracy A. Stephenson
401 Old Honeycutt Rd.
Fuquay Varina, NC 27526
Secretary
Subject: Surface Water Determination
NBRRO#15-22 8
Wake County
Determination Type:
Buffer Call
Isolated or EIP Call
® Neuse (15A NCAC 2B.0233)
Start@
❑ Tar -Pamlico (15A NCAC 2B .0259)
F-1 Ephemeral/Intermittent/Perennial Determination
IUSGS
Topo
❑ Isolated Wetland Determination
❑ Jordan (15A NCAC 2B .0267)
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
Staff: James Graham
Feature
Subject to
Buffers
Not
Subject to
Buffers
E/I/P*
Start@
Stop@
Soil
Survey
IUSGS
Topo
A
X
P
X
X
B
X
E
X
C
X
E
X
*E/1/P - Ephemeral/Intermittent/Perennial
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 124,000 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 quality 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�o thCarolina
Natural!✓
North Carolina Division of Water Resources 1628 Mail Service Center Raleigh, NC 27699-1628 Phone [phone]
Internet: vnrwncvvatercluality.orq Location: 3800 Barrett Drive Raleigh, NC 27609 Fax [phone]
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 US Postal Service c/o Karen Higgins DWR — 401 &
Buffer Permitting Unit 1617Mai1,Service Center Raleigh, NC 27699-1617. If'sending via delivery service (UPS, FedEx,
etc.) Karen Higgins DWR — 401 & duffer Permitting Unit 512 N. Sallsbury 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 correspondenqg 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 [phone]
Respectfully,
gV ,
Danny Smith, supervisor
Water Quality Regional Operation Section
Raleigh Regional Office
cc: RROISWP File Copy
Ross Sullivan
Kimley-Horn
3001 Weston Parkway
Cary, NC 27513

North Carolina Department of Environment and Natural Resources

Pat McCrory Donald R. van der Vaart
Governor Secretary

1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone: [phone] \ Internet: www.ncdenr.gov

An Equal Opportunity \ Affirmative Action Employer

May 29, 2015

MEMORANDUM___________________________________________________

To: Lyn Hardison, Environmental Coordinator, Office of Legislative and Intergovernmental Affairs

From: Rob Ridings, NC Division of Water Resources, Transportation Permitting Unit

Subject: Scoping comments on proposed Town of Fuquay-Varina Park Depot Greenway Trail in Wake County,
TIP No. U-5530GA, State Clearinghouse Project No. 15-0627.

Reference your correspondence received May 19, 2015 in which you requested comments for the referenced project.
Preliminary analysis of the project reveals the potential for impacts to streams and jurisdictional wetlands in the
project area. Specifically, impacts to:

Stream Name Basin & Subbasin Stream Classification Stream Index Number 303(d) Listing?
UT Kenneth Creek Cape Fear 07 C 18-16-1- (1) No

Further investigations at a higher resolution should be undertaken to verify the presence of other streams and/or
jurisdictional wetlands in the area. In the event that any jurisdictional areas are identified, the Division of Water
Resources requests that the Town consider the following environmental issues for the proposed project:

Project Specific Comments:

1. Kenneth Creek is class C waters of the State. The NCDWR is concerned with sediment and erosion impacts
that could result from this project. The NCDWR recommends that protective sediment and erosion control
BMPs be implemented to reduce the risk of nutrient runoff to Kenneth Creek. Additionally, the NCDWR
requests that road design plans provide treatment of the storm water runoff through best managem ent practices
as detailed in the most recent version of the North Carolina Department of Transportation Stormwater Best
Management Practices Toolbox manual.
General Project Comments:

1. The environmental document should provide a detailed and itemized presentation of the proposed impacts to
wetlands and streams with corresponding mapping. If mitigation is necessary as required by 15A NCAC
2H.0506(h), it is preferable to present a conceptual (if not finalized) mitigation plan with the environmental
documentation. Appropriate mitigation plans will be required prior to issuance of a 401 Water Quality
Certification.

2. Environmental impact statement alternatives shall consider design criteria that reduce the impacts to streams
and wetlands from storm water runoff. These alternatives shall include road designs that allow for treatment
of the storm water runoff through best management practices as detailed in the most recent version of

NCDWR’s Stormwater Best Management Practices Manual, July 2007, such as grassed swales, buffer areas,
preformed scour holes, retention basins, etc.

3. After the selection of the preferred alternative and prior to an issuance of the 401 Water Quality Certification,
the applicant is respectfully reminded that they will need to demonstrate the avoidance and minimization of
impacts to wetlands (and streams) to the maximum extent practical. In accordance with the Environmental
Management Commission’s Rules (15A NCAC 2H.0506[h]), mitigation will be required for impacts of
greater than 1 acre to wetlands. In the event that mitigation is required, the mitigation p lan shall be designed
to replace appropriate lost functions and values. North Carolina Division of Mitigation Services may be
available for assistance with wetland mitigation.

4. In accordance with the Environmental Management Commission’s Rules (15A NCAC 2H.0506[h]),
mitigation will be required for impacts of greater than 150 linear feet to any single stream. In the event that
mitigation is required, the mitigation plan shall be designed to replace appropriate lost functions and values.
The North Carolina Division of Mitigation Services may be available for assistance with stream mitigation.

5. Future documentation, including the 401 Water Quality Certification Application, shall continue to include an
itemized listing of the proposed wetland and stream impacts with corresponding mapping.

6. The NCDWR is very concerned with sediment and erosion impacts that could result from this project. The
applicant shall address these concerns by describing the potential impacts that may occur to the aquatic
environments and any mitigating factors that would reduce the impacts.

7. An analysis of cumulative and secondary impacts anticipated as a result of this project is required. The type
and detail of analysis shall conform to the NC Division of Water Resource Policy on the assessment of
secondary and cumulative impacts dated April 10, 2004.

8. The applicant is respectfully reminded that all impacts, including but not limited to, bridging, fill, excavation
and clearing, and rip rap to jurisdictional wetlands, streams, and riparian buffers need to be included in the
final impact calculations. These impacts, in addition to any construction impacts, temporary or otherwise,
also need to be included as part of the 401 Water Quality Certification Application.

9. Where streams must be crossed, the NCDWR prefers bridges be used in lieu of culverts. However, we realize
that economic considerations often require the use of culverts. Please be advised that c ulverts should be
countersunk to allow unimpeded passage by fish and other aquatic organisms. Moreover, in areas where high
quality wetlands or streams are impacted, a bridge may prove preferable. When applicable, the applicant
should not install the bridge bents in the creek, to the maximum extent practicable.

10. Whenever possible, the NCDWR prefers spanning structures. Spanning structures usually do not require
work within the stream or grubbing of the streambanks and do not require stream channel realignment. The
horizontal and vertical clearances provided by bridges shall allow for human and wildlife passage beneath the
structure. Fish passage and navigation by canoeists and boaters shall not be bloc ked. Bridge supports (bents)
should not be placed in the stream when possible.

11. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the bridge
and pre-treated through site-appropriate means (grassed swales, pre-formed scour holes, vegetated buffers,
etc.) before entering the stream. Please refer to the most current version of NCDW R’s Stormwater Best
Management Practices.

12. Sediment and erosion control measures should not be placed in wetlands or streams.

13. Borrow/waste areas should avoid wetlands to the maximum extent practical. Impacts to wetlands in
borrow/waste areas will need to be presented in the 401 Water Quality Certification and could precipitate
compensatory mitigation.

14. The 401 Water Quality Certification application will need to specifically address the proposed methods for
stormwater management. More specifically, stormwater shall not be permitted to discharge directly into
streams or surface waters.

15. Based on the information presented in the document, the magnitude of possible impacts to wetlands and
streams may require an Nationwide Permit application to the Corps of Engineers and corresponding 401
Water Quality Certification. Please be advised that a 401 Water Quality Certification requires satisfactory
protection of water quality to ensure that water quality standards are met and no wetland or stream uses are
lost. Final permit authorization will require the submittal of a formal application by the applicant and written
concurrence from the NCDWR. Please be aware that any approval will be contingent on appropriate
avoidance and minimization of wetland and stream impacts to the maximum extent practical, the development
of an acceptable stormwater management plan, and the inclusion of appropriate mitigation plans where
appropriate.

16. If concrete is used during construction, a dry work area shall be maintained to prev ent direct contact between
curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged
to surface waters due to the potential for elevated pH and possible aquatic life and fish kills.

17. If temporary access roads or detours are constructed, the site shall be graded to its preconstruction contours
and elevations. Disturbed areas shall be seeded or mulched to stabilize the soil and appropriate native woody
species shall be planted. When using temporary structures the area shall be cleared but not grubbed. Clearing
the area with chain saws, mowers, bush-hogs, or other mechanized equipment and leaving the stumps and root
mat intact allows the area to re-vegetate naturally and minimizes soil disturbance.

18. Unless otherwise authorized, placement of culverts and other structures in waters and streams shall be placed
below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and
20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow
passage of water and aquatic life. Design and placement of culverts and other structures including temporary
erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or
streambeds or banks, adjacent to or upstream and downstream of the above structures. The applicant is
required to provide evidence that the equilibrium is being maintained if requested in writing by the NCDWR.
If this condition is unable to be met due to bedrock or other limiting features encountered during construction,
please contact the NCDWR for guidance on how to proceed and to determine whether or not a permit
modification will be required.

19. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as
closely as possible including pipes or barrels at flood plain elevation, floodplain benches, and/or sills may be
required where appropriate. Widening the stream channel should be avoided. Stream channel widening at the
inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires
increased maintenance and disrupts aquatic life passage.

20. If foundation test borings are necessary; it shall be noted in the document. Geotechnical work is approved
under General 401 Certification Number 3883/Nationwide Permit No. 6 for Survey Activities.

21. Sediment and erosion control measures sufficient to protect water resources must be implemented and
maintained in accordance with the most recent version of North Carolina Sediment and Erosion Control
Planning and Design Manual and the most recent version of NCS000250.

22. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures
from the most current version of the NCDOT Construction and Maintenance Activities manual such as
sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in
flowing water.

23. While the use of National Wetland Inventory (NWI) maps, NC Coastal Region Evaluation of Wetland
Significance (NC-CREWS) maps and soil survey maps are useful tools, their inherent inaccuracies require
that qualified personnel perform onsite wetland delineations prior to permit approval.

24. Heavy equipment should be operated from the bank rather than in stream channels in order to minimize
sedimentation and reduce the likelihood of introducing other pollutants into streams. This equipment shall be
inspected daily and maintained to prevent contamination of surface waters from leaking fuels, lubricants,
hydraulic fluids, or other toxic materials.

25. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes
aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed.

26. Riparian vegetation (native trees and shrubs) shall be preserved to the maximum extent possible. Riparian
vegetation must be reestablished within the construction limits of the project by the end of the growing season
following completion of construction.

Thank you for requesting our input at this time. The applicant is reminded that issuance of a 401 Water Quality
Certification requires that appropriate measures be instituted to ensure that water quality standards are met and
designated uses are not degraded or lost. If you have any questions or require additional information, please contact
Rob Ridings at 919-707-8786.

Electronic copy only distribution:
Tad Hardy, Kimley-Horn Consultants
File Copy
1
Ridge, Caitlyn
From:[e-mail]
Sent:Thursday, May 28, 2015 1:15 PM
To:Hardy, Tad
Cc:[e-mail]
Subject:FW: Project U-5530GA (Park Depot Greenway Trail)
Attachments:Park Depot Greenway_Scoping Packet_051215.pdf
Please verify if the federal aid number for this project is STPDA-0507(10).
The comments below are early comments to help assess if we may have a potential 4(f) use. See
http://www.environment.fhwa.dot.gov/4f/4fpolicy.asp
Is there is a management plan that define the primary purpose of the proposed trail (for transportation or for
recreation)?
Then assuming that the Honeycutt Road Park is protected under 4(f) and if our proposed facility primary purpose is
transportation( e.g The purpose of the project is to promote a non-motorized mode of travel for commuters even
though some recreational use of the facility is likely to occur) and if we will “use” the park property, it will be a 4(f)
impact because we will be using land of a park for transportation purposes (it would be like building a road and
encroaching on a park).
If we have a 4(f) use most likely a 4(f) de minimis may be applicable once all coordination, etc., are met.
Thanks,
Felix Davila P.E.
Preconstruction and Environment Engineer
Federal Highway Administration
310 New Bern Avenue, Suite 410
Raleigh, North Carolina 27601
Phone [phone]
Fax [phone]
P Please consider the environment before printing this email
From: [e-mail] [mailto:[e-mail]]
Sent: Tuesday, May 12, 2015 5:31 PM
To: Davila, Felix (FHWA); [e-mail]; [e-mail]; [e-mail];
[e-mail]; [e-mail]; [e-mail]; [e-mail];
[e-mail]; [e-mail]
Cc: [e-mail]; [e-mail]; [e-mail]
Subject: Project U-5530GA (Park Depot Greenway Trail)
All,

North Carolina Department of Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Pat McCrory Office of Archives and History
Secretary Susan Kluttz Deputy Secretary Kevin Cherry
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6599

June 11, 2015

Tracy Stephenson
Town of Fuquay-Varina
401 Old Honeycutt Road
Fuquay-Varina, NC 27526

Re: Park Depot Greenway Trail Project, Fuquay-Varina, U-5530 GA, Wake County, ER 15-1084
Dear Ms. Stephenson:
Thank you for your letter of May 12, 2015, concerning the above project.
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
[e-mail]. In all future communication concerning this project, please cite the above
referenced tracking number.
Sincerely,

Ramona M. Bartos

1
Ridge, Caitlyn
From:Alsmeyer, Eric C SAW <[e-mail]>
Sent:Wednesday, June 10, 2015 10:45 AM
To:[e-mail]; [e-mail]
Cc:Hardy, Tad
Subject:RE: Project U-5530GA (Park Depot Greenway Trail): AID SAW-2015-01053.
(UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats: NONE
Tracy A. Stephenson, PE
Town of Fuquay-Varina Engineer:
Reference is made to your letter of May 12, 2015, submitted by e-mail, regarding the following Town of Fuquay-
Varina, North Carolina Department of Transportation (NCDOT) project:Proposed Park Depot Greenway Trail Project, TIP
Project U-5530GA, WBS 44111.1.FB8, east of Fuquay-Varina, in Wake County, NC. The letter requested written
comments, including information that would be helpful in evaluating potential environmental impacts of the project,
and if applicable, identification of any permits or approvals that may be required by the US Army Corps of Engineers.
We have reviewed the provided documentation and determined that, based upon a review of the information
provided and available maps, the construction of this project is likely to impact streams and wetlands within the work
corridor.Please be aware that impacts associated with the discharge of fill into jurisdictional waters of the United States
are subject to our regulatory authority pursuant to Section 404 of the Clean Water Act. Any discharge of excavated or
fill material into waters of the United States and/or any adjacent wetlands would require Department of the Army (DA)
permit authorization. The type of DA authorization required (i.e., general or individual permit) will be determined by the
location, type, and extent of jurisdictional area impacted by the project, and by the project design and construction
limits.
Until additional data is furnished which details the extent of the construction limits of the proposed project, and
an onsite inspection is completed with regard to determinations of the present of jurisdictional waters on the project
property, we are unable to verify that the project will not have jurisdictional impacts, or to provide specific comments
concerning DA permit requirements or a recommendation of alternatives. To assist you with determining permitting
requirements, we recommend that you perform a detailed delineation of the streams and/or wetlands present on the
project site. When this information becomes available, it should be forwarded to our office for review and comment, as
well as a determination of DA permit eligibility.
It is possible that, if boardwalk is used to cross wetland area, and if bridging is used to cross jurisdictional
stream, that the requirement for a Section 404 permit can be avoided.
Please reply or call if you have any questions or if I may serve you in any other way.
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/.
2
Eric Alsmeyer
Project Manager
Raleigh Regulatory Field Office
US Army Corps of Engineers, Wilmington District
3331 Heritage Trade Drive, Suite 105, Wake Forest, NC 27587
Tel: [phone], x23
Fax: [phone]
Regulatory Homepage:http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram.aspx
(If you need information that is not yet available on our new website, please let me know)
From:[e-mail] [mailto:[e-mail]]
Sent: Tuesday, May 12, 2015 5:31 PM
To:[e-mail];[e-mail];[e-mail];[e-mail];
[e-mail];[e-mail];[e-mail]; Alsmeyer, Eric C SAW;
[e-mail];[e-mail]
Cc:[e-mail];[e-mail];[e-mail]
Subject: [EXTERNAL] Project U-5530GA (Park Depot Greenway Trail)
All,
Please find the attached scoping letter and figures for NCDOT Project U-5530GA (Park Depot Greenway Trail) in Fuquay-
Varina, Wake County. Earlier today, you also received information about another, unrelated project in Fuquay-Varina
from me.Please provide your input for this project by June 12, 2015.
If you would like hard copies of the scoping letter, please let me know. Thank you for your time, and we look forward to
your input.
Sincerely,
Tad
Tad Hardy, E.I.T.
Kimley-Horn |2000 South Boulevard, Suite 440, Charlotte, NC 28203
Direct: [phone] | Main: [phone]
Proud to be one of FORTUNE magazine’s 100 Best Companies to Work For
Classification: UNCLASSIFIED
Caveats: NONE
1
Ridge, Caitlyn
From:Van Der Wiele, Cynthia <[e-mail]>
Sent:Friday, June 12, 2015 10:15 AM
To:Hardy, Tad
Cc:[e-mail]
Subject:RE: Project U-5530GA (Park Depot Greenway Trail)
Dear Mr. Hardy and Mr. Stephenson:
The USEPA Region 4 NEPA Program Office / NC Field Office has reviewed the Park Depot Greenway Trail Project (NCDOT
STIP Project U-5530GA). I used NEPAssist to examine whether or not USEPA has any hazardous waste, TRI, TSCA,
Superfund, etc. types of sites in the project area. You know, of course, about the stream, wetland, and FEMA flood
zones in the immediate project area. Please coordinate with the US Army Corps of Engineers and the NC Division of
Water Resources.
Generally, projects that support additional modes of transportation are favored by USEPA as they have the potential to
reduce toxic air emissions through mobile sources (i.e., vehicles) and serve to provide critical linkages for a diversity of
citizens to various points of interest in the area.
Thank you for the opportunity to comment on this project.
Best,
Cynthia
Cynthia F. Van Der Wiele, Ph.D.
USEPA Region 4 NEPA Program Office
NCDOT 404/NEPA Interagency Team
Durham, NC
From: [e-mail] [mailto:[e-mail]]
Sent: Tuesday, May 12, 2015 5:31 PM
To: [e-mail]; [e-mail]; [e-mail]; [e-mail];
[e-mail]; [e-mail]; [e-mail];
[e-mail]; Van Der Wiele, Cynthia; [e-mail]
Cc: [e-mail]; [e-mail]; [e-mail]
Subject: Project U-5530GA (Park Depot Greenway Trail)
All,
Please find the attached scoping letter and figures for NCDOT Project U-5530GA (Park Depot Greenway Trail) in Fuquay-
Varina, Wake County. Earlier today, you also received information about another, unrelated project in Fuquay-Varina
from me.Please provide your input for this project by June 12, 2015.
If you would like hard copies of the scoping letter, please let me know. Thank you for your time, and we look forward to
your input.
Sincerely,
Tad