20080764 Ver 1_401 Application_20080508

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PAID
0 8 0 7 6 4
City Of 6Raleish
9Yorth Coarolina
April 28, 2008
Mr. Jamie Shern
US Army Corps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
(One Copy)
Qf?@RoepmD
MAY 1 2008
Division of Water DENR-waOR WAT I
Quality WETLANDS AND STORMATER BRACH
401/Wetlands Unit
1650 Mail Service Center
Raleigh, NC, 27699-1650
(Five Copies)
Subject: Nationwide 14 Application, Upper Neuse Greenway - South Section, Raleigh,
Wake County
Dear Sirs:
The City of Raleigh proposes to construct a 3.4-mile greenway from the Falls River
neighborhood along the Neuse River to the WRAL Soccer Complex. There are impacts to
buffers and Waters of the U.S./State associated with this project. During the design process all
efforts were taken to avoid jurisdictional waters and minimize all impacts where avoidance was
not possible.
IMPACTS TO WATERS OF THE UNITED STATES
The construction of the Falls River Section of the Upper Neuse greenway will result in impacts
to jurisdictional streams and wetlands along the Neuse River in the Neuse River Basin. There
are eight jurisdictional streams and ten jurisdictional forested wetland systems within the project
study area.
Temporary Impacts - There are no temporary impacts associated with this project.
Permanent Impacts
Wetland Fill - The project uses boardwalk to cross all wetland areas and impacts are associated
with the construction of boardwalk or at stream crossings with associated wetlands. There is
2936 sf of wetlands fill.
Excavation in Wetlands - The construction of the project will result in 192 sf of excavation in
jurisdictional wetlands areas.
OFFICES H 222 WEST HARGETT STREET H POST OFFICE BOX 590 H RALEIGH, NORTH CAROLINA 27602
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Surface Water and Channel Impacts - The construction of the greenway and associated stream
crossings will result in 1921f of impacts.
Mechanized Clearinz - While hand clearing will be utilized where possible some mechanized
clearing will be necessary in wetland areas. The area impacted is W28 with 457.32 sf of
impacted area. Once construction is completed, vegetation in these areas be replanted or
allowed to recover naturally.
Utility Impacts - There are no utility impacts associated with this project.
Riparian Buffer Impacts - The project study area is located in the Neuse River Basin and is
subject to Neuse River Buffer rules. As greenways are an allowed use activities within buffer
areas have been quantified and included in the permit application.
Restoration Plan - Following construction of the greenway trail, culverts and bridge all material
used in construction will be removed. All hand and mechanically cleared and excavated areas
will be replanted.
MITIGATION
The City of Raleigh is committed to incorporating all reasonable and practicable design features
to avoid and minimize jurisdictional impacts and to provide full compensatory mitigation of all
remaining unavoidable jurisdictional impacts. Avoidance measures were taken during planning
and NEPA compliance stages; minimization measures were incorporated as part of the project
design. The City of Raleigh has avoided and minimized impacts to jurisdictional resources to
the greatest extent possible by:
• Bridges that span the entire stream will be used at S23A, S25A and S27B, which
greatly reduces stream impacts.
• Boardwalk will be constructed to cross W21 and W22, which greatly reduce impacts to
wetlands.
• Headwalls have been used at culvert locations to further reduce impacts.
• Temporary construction impacts due to erosion and sedimentation will be minimized
through implementation of stringent erosion control methods and use of Best
Management Practices (BMPs).
• BMPs for Protection of Surface Waters will be implemented.
• Reforestation in the impacted wetlands and along the stream banks.
While there are impacts associated with the project the City does not propose compensatory
mitigation because impacts are minimal in the context of the large amounts of stream and
wetlands being preserved and protected by the project. The project will be constructed within
City of Raleigh owned parcels and greenway easements. The greenway easement runs along
the Neuse River and is no less than 150' from top of bank, which effectively triples the Neuse
River Buffers for the length of the project. In addition the City has acquired parcels and
easements along the project which further increase the area entering into conservation / open
space status. For the Falls River section of the Upper Neuse trail 19,430-feet of Neuse
riverfront, 10,678.90-feet of stream and 5 acres of wetlands will be protected from further
development or impacts in perpetuity. This results in preservation to impact ratios of 56:1 for
streams (calculation excludes Neuse riverfront) and 83:1 for wetlands.
OFFICES H 222 WEST HARGETT STREET H POST OFFICE BOX 590 H RALEIGH, NORTH CAROLINA 27602
1
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FEDERALLY-PROTECTED SPECIES AND CULTURAL RESOURCES
The Fish and Wildlife Service (FWS) currently list five federally protected species for Wake
County (Table 1).
Table 1- Federally Protected Species of Wake County
Federal Habitat Biological Conclusion
Common Name Scientific Name Status Present
Bald Eagle Haliaeetus leucocephalus T N Not likely to adversely effect
Red-cockaded woodpecker Picoides borealis E N No Effect
Dwarf wedge mussel Alasmidonta heterodon E N Not likely to adversely effect
Michaux's sumac Rhus michauxii E N No Effect
NHP records review indicate no documented Bald Eagle nest sites within 3.0 miles of the
project study area. Falls Lake is adjacent to the beginning of the project study area. No bald
eagle nests were observed during the field investigation. Marginal foraging and roosting habitat
for this species exists within the project study area along the Neuse River. On 30 August 2006,
ESI biologists (Gail Tyner and Lauren Cobb) visually surveyed the Neuse River for bald eagle
nests, no nests or individuals were observed. The project should not affect any known bald
eagle populations by avoiding impacts to Neuse River and its riparian buffers. NHP records
review indicate no documented occurrences of Dwarf wedge mussel in or within 3.0 miles of
the project study area. The streams within the project study area are too small to provide
suitable dwarf wedge mussel habitat. There are no documented elements of occurrence for
federally or state listed Threatened or Endangered species within the project study area or
within 3.0 miles of the project study area (NHP records review).
US Fish and Wildlife stated in a September 7, 2006 letter (TAILS 2006-TA-0207) that the
project "is not likely to adversely affect any federally-listed endangered or threatened species,
their formally designated critical habitat, or species currently proposed for listing under the
Act." This project is not likely to jeopardize the continued existence of any of the federally
protected species listed in Wake County.
Consultation of the records of the North Carolina State Historic Preservation Office (NC
SHPO) found that no archaeological sites are located on or in close proximity to the project
study area. Additionally, no National Register of Historic Places (National Register) eligible
or listed properties are located with 250 meters of the project study area. In a letter dated
September 25, 2006, the NC SHPO stated that they have no comment on the project as
currently proposed. As such, the project can proceed without concern for impacts to significant
cultural resources. The NC SHPO Environmental Review Number for this project is ER 06-
2220.
REGULATORY APPROVALS
USACE Section 404 Permit: The project qualifies for Nationwide Permit 14. All permit
conditions will be followed. For our files, please provide a general permit verification that the
activity is authorized.
NCDWO Section 401 Certification: The project qualifies for 401 General Certification number
3627. All conditions of the general certification will be followed.
OFFICES H 222 WEST HARGETT STREET H POST OFFICE BOX 590 H RALEIGH, NORTH CAROLINA 27602

Please contact me (victor. lebsock a ci.ralei hg_ nc.us - [phone]) or our consultant /
designated agent: Iona L. Hauser, AICP, Stewart Engineering (ihauser ,stewart-eng com -
[phone]) if you have any question or required further detail.
Best regards,
Victor (Vic) Lebsock
Senior Greenway Planner
City of Raleigh Parks and Recreation
OFFICES H 222 WEST HARGETT STREET H POST OFFICE BOX 590 H RALEIGH, NORTH CAROLINA 27602

Form Version March 08
USACE Action ID No. DWQ No. 0 8 0 7 6 4
-- -- J r?===_ .?....= 1J t,UL app 1114UM W ullS project, please enter "Not Applicable" or 'N/A".)
I. Processing $PAID
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 14
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: R
II. Applicant Information
1. Owner/Applicant Information MAY 1 2008
Name: Victor Lebsock City of Raleigh Parks and Recregft- WMER QUALITY
Mailing Address: PO Box 590 wEnmDs
Raleigh NC 27602
Telephone Number: 919-890-3293 Fax Number: 919-890-3299
E-mail Address: victor. [e-mail] us
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Iona Hauser AICP
Company Affiliation: Stewart Enaineerina Inc
Mailing Address: 421 Fayetteville Street Suite 400
Raleigh NC 27601
Telephone Number: 919-866-4762 Fax Number: 919-380-8752
E-mail Address: [e-mail]
Page 1 of 11
III. Project Information
5.
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Upper Neuse Greenwav, Falls River to WRAL Soccer Complex - Raleigh
2. T.I.P. Project Number or State Project Number (NCDOT Only): EB-4829
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Wake Nearest Town: Raleigh
Subdivision name (include phase/lot number): WA
Directions to site (include road numbers/names, landmarks, etc.):
Project site follows the south side of the Neuse River from where the City's second section of
Neuse River Greenwav leaves the River to connect to Falls River Road and-continues south
along the river to the WRAL soccer complex. Access the site from the WRAL soccer complex
off Pprrv crppk Rnarl - frnm LRAn and (aniiai mKiA 4ravel .,_"K wn r-wCMI .?h....i 4 G ...il.... a..
also be accessed from Dunn Rd. - from 1-540 and Capital Blvd go north about 1.5 mile to
Durant Road, take a left, travel approximately 2 miles to Falls River Rd follow Falls River Rd
for about 2 miles, take right on Dunn Rd., park at dead-end.
Site coordinates (For linear projects, such as a road or utility line,
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum):
attach a sheet that
SITE ID COORDINATES
S26 N-780887.70 E-2138084.70
W28/S29 N-777680.61 E-2135576.17
6. Property size (acres): 214.17 ac.
7. Name of nearest receiving body of water: Neuse River below Falls Lake Dam
8. River Basin: Neuse
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
Page 2 of 11
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Site conditions are currently floodplain with forest and some
utility easements for power and sewer lines. In the vicinity of this project land use is
predominantly residential with some industrial and parks
10. Describe the overall project in detail, including the type of equipment to be used:
The project is the second 3.4-mile section of the City of Raleigh's Neuse River Greenwav
which is also a segment of the Mountains-to-Sea trail that will eventually link western North
Carolina with the coast. The contractor selected to build the 10-foot wide asphalt trail and
boardwalks will determine the equipment used on the project However, the bid specification
will call for hand clearing where possible use of construction mats in sensitive areas small
paving machines and generally low impact machines to be used on the project in sensitive
areas. Multiple staging areas have been specified that minimize trip distances of heavy
equipment.
11. Explain the purpose of the proposed work:
In addition to acting as a link in the Mountains-to-Sea Trail locally the trail will link several
important recreational, residential, and commercial nodes provided an alternative mode of
transportation and increasing recreational opportunities, these include: WRAL Soccer
future Forest Ridge Adventure Park Upper Neuse Canoe Launch future Falls Whitewater
Park, Falls Dam fishing areas, and the future Horseshoe Farm Park
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
The Citv of Raleiah adonted the Canital Aran rZraanwav Rfiaafer Dlan 1n 1437R Tba -:-- ....•::..,..r
waters by increasing buffer areas and provided recreational opportunities It includes over 270
miles of stream corridors identified for protection Over 56 Miles of greenwav trails have been
constructed to date. In 1996 the Neuse River Master Recreation Plan which envisioned a trail
reaching from the Falls Dam to the Wake/Johnston County line With the plan in place the Citv
has been acquiring property along the river and requires that any plat recorded along the
riverfront include a 150-foot greenwav easement.
This 3.4-mile section of the trail connects the Falls Dam Park and City Canoe Launch areas to the
Bedford Community at the cleared sewer line easement
,aeon Hcuvixies (stanaara regulatory responses to scoping letters not included):
USACE: The Corps has reviewed the forms and checked the calls in the field We are still
waiting for official response to the JD request Participated in joint meeting on Dec 14
2007 with DWQ, City of Raleigh Staff and Stewart Engineering to discuss permitting
Page 3 of 11
NC Division of Water Quality: Provided comment and a buffer determination (NBRRO 06-
266). Also met on December 14, 2007 to discuss permitting Advise that although
greenways are an allowable use within buffers the permit must quantify impacts
USFWS: Attached letter (TAILS 2006-TA-0270) states that this project is not likely to affect
any federally listed endangered or threatened species or their critical habitat
Other agencies included in coordination: Wildlife Resource Commission State Historic
Preservation _Office, NCDOT Bicycle and Pedestrian Unit NCDOT PDEA NCDOT Highway
Design (Structures Unit & Design Services) NC Division of Parks and Recreation Wake
County EMS, City of Raleigh Fire Department City of Raleigh Public Works City of Raleigh
Police, City of Raleigh Adventure Programs USACE Falls Dam Operation
AApublic meeting was held to provide information to the communitv about the project on March
21, 2007. The meeting was very well attended with high representation from the Bedford and Falls
River neighborhoods. The response was predominantly positive with some negative comments
where the trail was located close to homes. Comments from that meeting are available upon
request.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
Additional sections of the Neuse Greenway will be built to extend to the Wake and Johnston
county line. The City of Raleigh is currently acquiring right-of-way along the river anytime a new
plat is recorded along the river a 150 foot greenwav easement must be included
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: Proposed stream impacts
include 260 linear feet of stream loss due to placement of four culverts and one bridge and
wetland impacts are caused by minor amounts of fill and clearing for boardwalks
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Page 4 of 11
Wetland Impact
Site Number
(indicate on map) Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
(yes/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
W-28 Fill, excavation,clearing Successional yes 0 .06026

Total Wetland Impact (acres) 0.06026
3. List the total acreage (estimated) of all existing wetlands on the property: 5 ac
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Number
(indicate on ma)
Stream Name
Type of Impact
Perennial or
Intermittent? Average
Stream Width
Before Impact Impact
Length
(linear feet) Area of
Impact
(acres)
S-26 UT Neuse River Culvert Perennial 7 120 .0193
S-29 UT Neuse River Culvert Perennial 5 72 .0083

Total Stream Impact (by length and acreage) 192 0.0276
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredaine. flooding. drainage h„ IlkhParlc Ptf-
Open Water Impact
Site Number
(indicate on ma) Name of Waterbody

(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(a res)
N/A N/A

L Total Open Water Impact (acres)
6. List the cumulative impact to all Waters of the U.S. resulting, from the rniect-
Stream Impact (acres): 0.0276
Wetland Impact (acres): 0.0603
Open Water Impact (acres): N/A
Total Impact to Waters of the U.S. (acres) 0.0878
Total Stream Impact (linear feet): 192
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Page 5 of 11
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Current land use in the vicinity of the pond: N/A
Size of watershed draining to pond: WA Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The proposed greenwav alignment was determined based on topographic data the size and
location of wetlands and streams presence and type of vegetation and visual assessment in the
field. In some cases stream and wetland impacts were avoided completely by locating the
proposed greenwav on high ground skirting around jurisdictional waters Where impacts were
unavoidable, decisions were made to build a boardwalk build a bridge or install a culvert. Where the greenwav crosses streams it will cross at perpendicular angles or as close to
perpendicular as site topography will allow. No stream crossings are less than 75° or greater then
105°. One stream crossings will be bridged and four crossings will be culverted Criteria for
bridging were based on topography, alignment drainage area stream impacts and cost / budget
constraints. In general, crossings were bridged if a culvert greater than 60 inches would be
required, which roughly corresponds to a contributing drainage area greater than 0.5 square mile
Culverts were placed in areas where alignments and drainage areas were conducive to minimizing
their impact and the cost of bridging relative to the impact was very high Culvert impacts were
minlml70rl by f1&Oi14n11n" 03.1 -;A- -1....__ s__ &L-- ----------- ?---- ? ---• - - - .. - _
entrances to reduce culvert length. In general culverts are short, the greenwav is narrow and the
greenwav easement and associated stream buffers are wide
Page 6 of 11
place so Lnis impact wiii pe very snort term The proposed boardwalk will sit three feet above the
normal water elevation to allow for occasional flooding and maintain current hydrologic
conditions. The impact from the boardwalk will be from the piers supporting the structure which
is minimal.
M
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina (see DWQ website for most current
version.).
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
At the time of construction 214 acres of land will be held b the City and recorded as
Greenwav Easement. This easement will place 19,430-feet of Neuse riverfront 10,679-feet of
streams and 5 acres of wetlands into conservation in perpetuity Each plat is recorded with
the following prohibitions:
A. Activities Prohibited.
Any activity on, or use of the Property inconsistent with the purposes of this Greenwav
Easement is prohibited. By way of illustration and not limitation the following activities
and uses of the Property are expressiv prohibited
1. Industrial and Commercial Use. Industrial and commercial activities of an type, and
ingress and/or egress for such purposes are prohibited
2. Agricultural, Timber Harvesting Grazina and Horticultural Use Agricultural timber
harvesting, -grazing, horticultural and animal husbandry operations are prohibited
Page 7 of 11
3. Disturbance of Natural Features Plants and Animals. There shall be no cuttin or
removal of trees, or disturbance of other natural features including plant and animal life
except for the following: (1) as incidental to boundarv marking fencing si-qnage
construction and maintenance of asphalt and greenwav trails and related convenience
%4 Lot u
-wennuuti,
and, protect on diseadna se rcontrol appirion or tcarestoration pofv hvdrolotgy a wetlands
or
4. Construction of Buildings; Structures; Slgnage There shall be no constructina or
placma of any building mobile home asphalt or concrete pavement billboard or other
advertising display antenna utility pole tower, conduit line pier landing dock or any
signs; greenwav trail sians• for sale or lease signs- signs identifying the conservation
values of the Property and/or signs identifying the Grantor as the owner of the property
and the City as holder of this Greenwav Easement, educational and interpretive signs
identification labels or any other similar temporary or permanent sians as approved by
the City.
5. Mineral Use, Excavation, Dredging There shall be no filling excavation dredainq
m?n?na or drilling: no removal of topsoil sand gravel rock peat or other minerals and
no change ?n the topography of the land in any manner except as necessary to prevent
erosion or incidental to Greenwa Trail construction or conservation management
activities otherwise permitted by this Easement.
6. Wetlands and Water Quality. There shall be no pollution or alteration of water bodies
and no activities that would be detrimental to water purity or that would alter natural water
levels, drainage, sedimentation and/or flow in or over the Property or into any surface
waters, or cause soil degradation or erosion nor diking dredainq alteration draining
filling or removal of wetlands except activities to restore natural hydrology or wetlands
enhancement as permitted by the State and anv other appropriate authorities
7. Dumping. Dumping of soil trash garbage waste abandoned vehicles appliances
machinery, or other materials on the Property is prohibited
conservation status is 55.1 and for wetland impacts the ratio is 83.1 The Neuse River
Greenwav project will effectively triple the Neuse River Buffer in most areas and more than
quintuple it in some areas These greenwav easements are leaally recorded and preclude any
further development activity other.
Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at htt]2://www.nceep.net/-paizes/inlieureplace.htm. If use of the NCEEP is proposed,
please check the appropriate box on page five and provide the following information:
Page 8 of 11
V
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): WA
Amount of Non-riparian wetland mitigation requested (acres): WA
Amount of Coastal wetland mitigation requested (acres): WA
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ® No ?
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ®_ Federal Categorical Exclusion No ?
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No
NOTE. Federal Categorical Exclusion Currently Under Review by NCDOT & FHWA
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ® No ?
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
I I Im act
Zone* kn„aP fPAt? Multiplier Required
1 49,420 3 (2 for Catawba)
2 79,292 1.5
Total I 128,712
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 9 of 11
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260.
Greenways are an allowed use in the Neuse buffer. During permit coordination meeting with
DWQ advised to quantify impacts but mitigation would not be required
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. There is no existing impervious area in the
greenwav corridor. Approximately 4.5 acres of impervious area will be added due to construction
of a 10 foot wide greenwav in an 3.5-mile, 215-acre corridor. This amounts to a total proposed
impervious percentage of 2% in the greenwav corridor. The greenwav trail will sheet flow into the
buffer. At channel crossings culvert footprints have been minimized and some headwalls have
been added to reduce excavation impact During construction erosion and sedimentation control
Best Management Practices will be used
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
N/A
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
XV. Other Circumstances (Optional):
Page 10 of 11
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
pp it cant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 11 of 11
www.stawart-eng.com
STEWART
Index of Attachments
A. Mapping
B. Plans
C. Project History
D. Agent Authorization
FNGINFFRING. INNOVATION SOLUTIONS.- 260 TOWN HALL DR MORRISVI LE. NC T 919.380 875c
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ENVIRONMENTAL Project: ER05251
SERVICES,IINC. Project Location Date: Apr 2008
4 S. Nm
a
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(919)212-17W Drwn/Chkd: KT/GT
„-- [phone]FAX Raleigh, Wake County, North Carolina
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www.st*wart-ong.com
STEWART
Index of Attachments
A. Mapping
B. Plans
C. Project History
D. Agent Authorization
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www.stewart-eng.com
CS
STEWART
Index of Attachments
A. Mapping
B. Plans
C. Project History
D. Agent Authorization
FNGINFFRING. INNOVATION. SOLUTIONS.- 260 TOWN HAIR DR MORRI4VILLF. NC 7 919 380 8750
From: Shern, James F SAW [mailto:[e-mail]]
Sent: Thursday, February 14, 2008 6:02 PM
To: Iona Hauser
Subject: Upper Neuse
We have some protective covenant language and deed restriction language on our website in the mitigation section. If you
can use it without modifying it with facilitate the process.
Jamie
From: Iona Hauser [mailto:[e-mail]]
Sent: Thursday, February 14, 2008 3:36 PM
To: Shern, James F SAW
Subject: Upper Neuse
Hi Jamie - Forgot to note that the highest impacts we have on any given stream is 120' at the beaver dam
location. We have one other tricky crossing that comes out to 107' of impacts. Other than those the
impacts are all around 40ft per crossing. Thanks -Iona
From: Iona Hauser
Sent: Thursday, February 14, 2008 2:56 PM
To: [e-mail]
Cc: Louise Slate
Subject: Upper Neuse
Hi Jamie - Just wanted to go over our conversation this morning and make sure that I got everything right.
Please just let me if we are on track and what if anything to change and we will proceed.
1) Permitting - We can submit NWP 14s on the three logical sections of the trail that have impacts under
300' of impacts.
2) Preservation - Given the large amount of stream (38,892 feet of stream) and wetlands (3.85 acres of
wetlands) being preserved on this project the Corps is open to accepting preservation in lieu of
compensatory mitigation for the project. Ratios would be as follows:
- Streams it comes out to about 74:1 (38,892:528)
- Wetlands it comes out to 30:1 (3.85:1.28)
These calculations are based solely on land owned or under easement directly adjacent to the project.
There are nearby CoR tracts that could augment the preservation amounts if necessary (the 56,000 number
that I was using this morning counted Horseshoe Farm and a couple of other Raleigh parcels near the trail
but not directly adjacent).
I'm attaching the City of Raleigh's code which requires the 150' greenway easement along the Neuse. For
this project that area has been increased in some cases. In addition I'm also attaching their easement
definitions which detail the types of activities allowed in each easement type.
3) Minimization - For the 44,000 ft project the original impacts were 741' after using avoidance and
minimization design practices to reduce stream and wetlands impacts (bridging, boardwalk, route
relocation). After our last discussion we reduced those impacts further by using double headwalls at culvert
locations. That brings the length of stream impacts down to 528-ft for the 8.5 mile long project:
Section 1 (trailhead to 1st parking lot): From 448' to 282'
Section 2 (1st Parking Lot to end of Y-line): From 112' to 78'
Section 3 (Y-line to end of project): From 181' to 168'
4) Corridor Master Permit - Since the City of Raleigh is planning to continue the trail along the Neuse
River to the Wake/Johnston county line a Master Permit may be a good option. Whatever mitigation
precedent set on the Upper Neuse project could be used in the Master Permit as well. The City will set up a
meeting with you discuss the way ahead for permitting the remaining corridor.
Also please note that there are similar greenway easement restrictions in the City Code for Crabtree and
Walnut Creeks. Those future projects would also be good candidates for the Master Permit as they would be
preserving similar ratios of stream and wetlands.
Jamie, thanks so much for working with us on this: Like you said this morning I totally agree that it is a
win/win/win. I have my meeting with Vic and Jack first thing in the morning tomorrow - if you can let me
know if we are on the same page prior to that I would appreciate it. Much thanks again. -Iona
Iona L. Hauser, AICP
Senior Planner
STEWART
421 Fayetteville St., Suite 400
Raleigh, NC 27601
Direct 919.866.4762
Office 919.380.8750
Engineering. Innovation. Solutions.
P.S. Take a look at what I've been working on - www.stewart-eng.com.
From: Iona Hauser
Sent: Wednesday, February 13, 2008 6:10 PM
To: [e-mail]
Cc: Louise Slate
Subject: Urgent Question
Importance: High
Hi Jamie - On the Upper Neuse project can we use a Nationwide 14 for Linear Transportation projects? The
rules call out "trails" specifically as one of the modes that qualify and we are well under 1/2 acre of impacts
for the whole greenway. It looks like we would still need to fill a PCN since we are over 1/10 acre for
notification.
Please let me know - it would be great to be able to use a Nationwide. We are really struggling to find a
way to permit this project that doesn't bankrupt it. I am meeting with the City tomorrow to try to explain
the need to purchase mitigation credits and it seems like that may not be necessary if we go this way. Big
thanks-Iona
14. Linear Transportation Projects. Activities required for the construction, expansion, modification, or improvement of linear
transportation projects (e.g., roads, highways, railways, trails, airport runways, and taxiways) in waters of the United States. For linear
transportation projects in non-tidal waters, the discharge cannot cause the loss of greater than 1/2-acre of waters of the United States. For
linear transportation projects in tidal waters, the discharge cannot cause the loss of greater than 1/3-acre of waters of the United States.
Any stream channel modification, including bank stabilization, is limited to the minimum necessary to construct or protect the linear
transportation project; such modifications must be in the immediate vicinity of the project.
This NWP also authorizes temporary structures, fills, and work necessary to construct the linear transportation project. Appropriate
measures must be taken to maintain normal downstream flows and minimize flooding to the maximum extent practicable, when
temporary structures, work, and discharges, including cofferdams, are necessary for construction activities, access fills, or dewatering of
construction sites. Temporary fills must consist of materials, and be placed in a manner, that will not be eroded by expected high flows.
Temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations. The areas affected by
temporary fills must be revegetated, as appropriate.
This NWP cannot be used to authorize non-linear features commonly associated with transportation projects, such as vehicle
maintenance or storage buildings, parking lots, train stations, or aircraft hangars.
Notification: The permittee must submit a pre-construction notification to the district engineer prior to commencing the activity if: (1)
the loss of waters of the United States exceeds 1/10 acre; or (2) there is a discharge in a special aquatic site, including wetlands. (See
general condition 27.) (Sections 10 and 404)
Note: Some discharges for the construction of farm roads or forest roads, or temporary roads for moving mining equipment, may qualify
for an exemption under Section 404(f) of the Clean Water Act (see 33 CFR 323.4).
Iona L. Hauser, AICP
Senior Planner
STEWART
421 Fayetteville St., Suite 400
Raleigh, NC 27601
Direct 919.866.4762
Office 919.380.8750
Engineering. Innovation. Solutions.
P.S. Take a look at what I've been working on - www.stewart-eng.com.
Page 1 of 2
Iona Hauser
From: Iona Hauser
Sent: Thursday, February 14, 2008 2:56 PM
To: [e-mail]
Cc: Louise Slate
Subject: Upper Neuse
Attachments: City of Raleigh Greenway Easement Rule.doc; City of Raleigh Easement Definitions.doc
Hi Jamie - Just wanted to go over our conversation this morning and make sure that I got
everything right. Please just let me if we are on track and what if anything to change and we will
proceed.
1) Permitting - We can submit NWP 14s on the three logical sections of the trail that have
impacts under 300' of impacts.
2) Preservation - Given the large amount of stream (38,892 feet of stream) and wetlands
(3.85 acres of wetlands) being preserved on this project the Corps is open to accepting
preservation in lieu of compensatory mitigation for the project. Ratios would be as follows:
- Streams it comes out to about 74:1 (38,892:528)
- Wetlands it comes out to 30:1 (3.85:1.28)
These calculations are based solely on land owned or under easement directly adjacent to the
project. There are nearby CoR tracts that could augment the preservation amounts if
necessary (the 56,000 number that I was using this morning counted Horseshoe Farm and a
couple of other Raleigh parcels near the trail but not directly adjacent).
I'm attaching the City of Raleigh's code which requires the 150' greenway easement along
the Neuse. For this project that area has been increased in some cases. In addition I'm also
attaching their easement definitions which detail the types of activities allowed in each
easement type.
3) Minimization - For the 44,000 ft project the original impacts were 741' after using
avoidance and minimization design practices to reduce stream and wetlands impacts
(bridging, boardwalk, route relocation). After our last discussion we reduced those impacts
further by using double headwalls at culvert locations. That brings the length of stream
impacts down to 528-ft for the 8.5 mile long project:
Section 1 (trailhead to 1st parking lot): From 448' to 282'
Section 2 (1st Parking Lot to end of Y-line): From 112' to 78'
Section 3 (Y-line to end of project): From 181' to 168'
4) Corridor Master Permit - Since the City of Raleigh is planning to continue the trail along
the Neuse River to the Wake/Johnston county line a Master Permit may be a good option.
Whatever mitigation precedent set on the Upper Neuse project could be used in the Master
Permit as well. The City will set up a meeting with you discuss the way ahead for permitting
the remaining corridor.
Also please note that there are similar greenway easement restrictions in the City Code for
Crabtree and Walnut Creeks. Those future projects would also be good candidates for the
Master Permit as they would be preserving similar ratios of stream and wetlands.
4/30/2008
Page 2 of 2
Jamie, thanks so much for working with us on this. Like you said this morning I totally agree that
it is a win/win/win. I have my meeting with Vic and Jack first thing in the morning tomorrow - if
you can let me know if we are on the same page prior to that I would appreciate it. Much thanks
again. -Iona
Iona L. Hauser, AICP
Senior Planner
STEWART
421 Fayetteville St., Suite 400
Raleigh, NC 27601
Direct 919.866.4762
Office 919.380.8750
Engineering. Innovation. Solutions.
P.S. Take a look at what I've been working on - www.stewart-eng.com.
4/30/2008
Sec. 10-3021. RESERVATION OF PROPERTY FOR PUBLIC FACILITIES.
To insure orderly development of the community in accordance with the general
principles set forth in the Comprehensive Plan , the developer , if not otherwise
required to dedicate, shall be required to reserve lands for parks, greenways , open
space, schools, thoroughfares and fire stations for a period not to exceed twelve (12)
months from the date of approval of the preliminary subdivision plan or preliminary
site plan as required in §10-3012 or §10-2132.2, respectively.
Cross reference: Limitations on issuance of building permits, §10-6035(g).
(Code 1959 , §20-13; Ord. No. 1982-947-TC-165, §1, TC-215, 7-20-82; Ord. No. 1985-
659-TC-250, §1, 11-5-85; Ord. No. 1987-31-TC-296, §21, TC-16-87, 8-4-87; Ord. No.
1991-764-TC-366, §1, TC-4-91, 4-16-91; Ord. No. 1993-263-TC-65, §12, TC-19-93, 9-
26-93)
Statutory authority: 1955 Session Laws, Chap. 921 andG.S. 160A-372.
State law reference: Roadway Corridor Official Map Act,G.S. Chapter 136 Article 2E.
Sec. 10-3022. GREENWAY DEDICATION AND REIMBURSEMENT.
(a) Required greenway dedication.
Subject to the limitations of subsection (c) below, whenever a tract of land included
within any proposed residential subdivision or residential site plan embraces any part of
a greenway , so designated on the current City Comprehensive Plan after such plan
or part of it has been adopted by the proper authority, such part of such proposed
greenway shall be platted and dedicated as a greenway easement.
(b) Greenway easement width calculation.
Subject to the limitations of (c) below, thegreenway requiredto be platted shall at a
minimum, be the product of the following dimensions: minimum standard width
multiplied by the length of the boundary along the banks of the adjoining watercourse,
plus that portion of the watercourse contained within the development when property
lines extend to the centerline of the watercourse:
SCHEDULE OF MINIMUM STANDARD WIDTHS
Neuse River: One hundred fifty (150) feet from each bank
Crabtree & Walnut Creeks: One hundred (100) feet from each bank
All other tributaries: As established by the current City Council -approved Raleigh Parks
Plan.
(c) Limitation on dedication.
No dedicationshaN be required for greenway lying outside of any floodplain,
floodprone, or flood hazard area, but such area shall be reserved in accordance with
§10-3021 for possible City acquisition. The amount of greenway required to be
dedicated shall not exceed the total obligation of the development to pay open space
facility fees, as determined by the Open Space Fee Schedule established in §10-
8003(a), the number and type of dwelling units allowed by law for the development ,
and the Schedule of Greenway Land Values set forth in subsection (d) below.
(Ord. No. 1991-764-TC-366, TC-4-91, 4-16-91)
(d) Greenway easement value calculation.
Upon the acceptance of agreenway easement by the City, the City, under all the
conditions listed in subsection (e) below will make payments to the developer based on
the following schedule:
SCHEDULE OFGREENWAY LAND VALUES
(1) Greenway land in floodway:
a. Residential, Agricultural Productive, Conservation Management zoning districts:
Three and four-tenths cents ($0.034) per sq. ft.
b. Nonresidential zoning districts, excluding Agricultural Productive and Conservation
Management: Fifteen and five-tenths cents ($0.155) per sq. ft.
(2) Greenway land in floodway fringe:
a. Rural Residential, Residential-2, Residential-4, Agricultural Productive, Conservation
Management Districts: Four cents ($0.04) per sq. ft.
Special Residential-6, Residential-6, Manufactured Home Districts: Ten and three-tenths
cents ($0.103) per sq. ft.
Residential-10 and all other residential zoning districts with higher densities as defined in
§10-2002: Seventeen and two-tenths cents ($0.172) per sq. ft.
b. Nonresidential zoning districts, as defined in §10-2002, excluding Agricultural
Productive and Conservation Management Districts: Seventy-nine and one-tenth cents
($0.791) per sq. ft.
(Ord. No. 2000-734-TC-189, TC-2-00, §1, 2-15-00; Ord. No. 2006-2-TC-284, §§1, 4, TC-
7-06, 5-2-06)
(e) Method and conditions of reimbursement.
(1) The City Council may in its discretion change the general term of payment for
individual projects and authorize payment in one (1) sum immediately or in fixed
payments.
(2) No payment will be allowed if the dedicated open space is being used to satisfy a
Code requirement for open space or is utilized for agreenway density transfer under
§10-2074. Reimbursements will be reduced by any open space facility fee credits.
(3) The dedicatorssha// waive their statutory right to withdraw the dedication prior to
receiving any payment.
(4) Reim bu rsementssha// be fixed at the rate in effect when the dedication occurs.
(Ord. No. 1987-31-TC-296, §64, TC-16-87, 12-1-87; Ord. No. 1990-474-TC-348, §17,
TC-12-89, 1-2-90)
W ATF9Q Michael F. Easley, Governor
William G. Ross Jr., Secretary
?O G North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
> -i Division of Water Quality
November 2, 2006
Ms. Gail Tyner
Environmental Services, Inc.
524 New Hope Road
Raleigh, NC 27610
NBRRO 06-266
County: Wake
BASIN:
Neuse X
Tar-Pamlico
(15A NCAC 2B .0233) (15A NCAC 2B.0259)
_Complaint NOV Buffer Determination X
Incident # Appeal Call
Project Name: Upper Neuse Greensvay - Raleigh
Location/Directions: Project site follows the south side of the Neuse River from Falls of Neuse Road to the WRAL
Soccer Center off Durant Road in north Raleigh.
Subiect Stream: UTs to Neuse River
Date of Determination: 10/25/06
Feature Start Buffer
GPS Points (if provided) End Buffer Stream
Foam Appeal
Call Located
on Soil
Survey Located on
USGS
Too a hic
S01 Subject at Flag SYA22 X
S02 Subject at west side of
Fails of Neuse bridge x
S04 Subject x X
S06 'Subject X
S07 Not Evaluated X
SOS Not Evaluated x X
S09 Not Evaluated X
SIO Subject X
Sli Subject X
S12 Not Subject (Not on Maps)
No`f fficarolina
AV11177111/
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Intemet h2o.enr.state.no,us 1628 Mail Service Center Raleigh, NC 27699-1628 FAX [phone]
An Equal OpportunitylAffirmative Action Employer- 50% Recycled/10% Post Consumer Paper
11/2/2006
Page 2 of 3
Feature Start Buffer
GPS Points (if provided) End Buffer Stream
Form Appeal
Call Located
on Soil
Survey Located on
USGS
Topographic
813 Not Subject (Not on Maps;
Trib. To S14
814 Subject X
S15 Not Subject X
W9/WIO Not Subject X
S16 Subject at Flag SGD1A X
S17 Subject x X
S18 Subject x X
S19 Not Subject (Not on Maps;
Trib. To S18 X
S20 Subject at Flag SGB1 X
S21 Not Subject (Not on Maps) X
S22 Not Subject (Not on Maps;
Trib. To S18
S23 Subject X
NV21 Not Subject x X
W22 Not Subject X
NSl Not Subject X
NS2 Not Subject x
825 Subject x X
W24 Not Subject X
S26 Subject x X
S27 Subject X
S28 Subject X X
NOTES: Features S07, S08 and S09 Not Evaluated due to no property access from owner.
This determination shall expire five (S) years fionr the date of this letter. Landoivriers or affected parties that
dispute a determination made by the DJVQ or Delegated Local Authority that a surface water zrists and that it is
subject to the buffer rule pray request a determination by the Director. A request for a determination by the
Director shall be referred to the Director in writing do CyndiKaroly, DIVQ Wetan&1401 Unit, 2321 Crabtree
Blvd., Raleigh, NC27604-2260. Individuals that dispute a determination by theDTVQ or Delegated Local
Authority that "axempts" a surface water from the buffer rule may ask for an ad judicatory hearing. You must
act within 60 days of the date that you receive this letter. Applicants are hereby notified that the 60-day statutory
appeal tune does not start until the affected party (including downstream and adjacent landowners) is notified of
this decision. DJVQ recommends that the applicant conduct this notification in order to be certain that third
party appeals are made in a timely manner. To ask fora hearing, send a written: petition, wliiclr confornns to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail
Service Center, Raleigh, N.C. 27699-6714. This determination is final and binding unless you askfor a hearing
within 60 days.
.One.
Caro uta
,lltlll,ally
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Intemet h2o.emstate.mus 1628 Mail Service Center Raleigh, NC 27699-1628 FAX [phone]
An Equal Opportunl ylAtfimtative Action Employer- 50% Recycledl10%Post Consumer Paper
11/2/2006
Page 3 of 3
The (owner/future owners) shottld notify the Division of {Pater Quality (including any other Local, State, and
Federal Agencies) of this decision concerning any future correspondences regarding the subject property (stated
above). This project inay require a Section 4041401 Peratit for the proposed activity. Any inquiries should be
directed to the Division of Water Quality (Central Office) at (919)-733-1786, and the USAriny Corp of Engineers
(Raleigh Regulato)y Field Office) at (919)-876-8441.
CC: RRO/SWP Files
Central Files
DWQ Wetlands and Stormwater Branch
Ben Brown - City of Raleigh
N' lhCaro ina
Naflarr1l11
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection
Intemet h2o.enr.state.nc.us 1628 Mail Service Center Raleigh, NC 27699-1628
Phone [phone] Customer Service
FAX [phone]
An Equal OppottunitylAffirmaUve Action Employer- 50% Recyded110% Post Consumer Paper

> r
Iona L. Hauser, AICP
Stewart Engineering
260 Town Hall Drive - Suite C
Morrisville, NC 27560
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Colleen H. Sullins, Deputy Director
Division of Water Quality
August 18, 2006
Reference: The Upper Neuse Greenway Trail
Raleigh, Wake County, NC
Dear Ms. Hauser:
As per our phone conversation on August 15, 2006 and a Request for Comments dated
August 9, 2006 forwarded to the Raleigh Regional Office, you requested input on the proposed
eight-mile greenway trail, which will extend from the foot of the Falls Lake dam to the WRAL
Soccer Complex on Perry Creek Road. DWQ Raleigh Regional Office comments on the
proposed project are as follows:
1) All streams within the project corridor that are shown on either the most recent version of
the USGS topographic maps or the USDA Soil Survey of Wake County are subject to the
Neuse River Riparian Buffer Rules. Greenway trails are considered an "Allowable"
activity within the buffers.
2) As we discussed, the intent of the project is to construct the greenway trail outside the 50-
foot riparian buffers where possible. DWQ requests that where the trail will be located
within the buffer, efforts should be made to site the trail within Zone 2 (outer 20 feet)
unless site conditions (topography, etc.) render this impractical..
3) Where the greenway trail is to cross tributaries, the crossings should be constructed as
near perpendicular as possible (between-75--and 105-degrees)-
4) Stream and wetland crossings are subject to 401 Water Quality Certification
requirements. Please note that GC 3402 requires notification for any impacts to any
stream length within the Neuse River Basin unless the activities are listed as Exempt"
under the buffer rules. Since greenway trails are listed as "Allowable" written
notification to DWQ will be required.
5) Where stream crossings will involve bridges, buffer authorization will still be required.
401 Water Quality Certification will not be required for these crossings if no channel
impacts will occur.
Please note that additional comments may be made following review of Pre-Construction
Notifications, buffer authorization requests, or other permitting documents.
NoLCarolina
?Natura!!r?
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us 1628 Mail Service Center Raleigh, NC 27699-1628 FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Ms. Hauser
Page 2 of 2
8/18/2006
Please feel free to contact me at [phone] if you have any questions regarding this
project.
Sincere
Eric W. Kul
Environmental Special'st III
cc: DWQ/RRO Files
Central Files
DWQ Wetlands and Stormwater Branch
Ben Brown - City of Raleigh
None
`atO11Ila
jV?turall?
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us 1628 Mail Service Center Raleigh, NC 27699-1628 FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
September 7, 2006
Iona L. Hauser
Stewart Engineering
260 Town Hall Drive, Suite C
Morrisville, North Carolina 27560
Vie: Uppe Neuse Greenway 'T'rail;. Raleigh, Wake County, NC [TAILS 006.-TA-0270]
Dear Ms. Hauser:
Thank you for your letter, dated August 9, 2006, requesting comments from the U.S. Fish and
Wildlife Service on the subject project. Our comments are submitted pursuant to, and in
accordance with, provisions of the Endangered Species Act of 1973, as amended (16 U.S.C.
1531 et seq.) (Act). We have assigned log number [TAILS 2006-TA-0270] to your project.
Please refer to that number in any future correspondence with our office regarding this project.
Based on the information provided and other information available, it appears that the proposed
project is not likely to adversely affect any federally-listed endangered or threatened species,
their formally designated critical habitat, or species currently proposed for listing under the Act.
We believe that the requirements of section 7(a)(2) of the Act have been satisfied. Please
remember that obligations under section 7 consultation must be reconsidered if. (1) new
information reveals impacts of this identified action that may affect listed species or critical
habitat in a manner not previously considered; (2) this action is subsequently modified in a
manner that was not considered in this review; or, (3) a new species is listed or critical habitat
determined that may be affected by the identified action.
Thank you for your cooperation with our agency in protecting federally-listed species. If you
have any questions or comments, please feel free to contact me at [phone], or via post at
the address above.
Sincerely,
Q
Pete Benjamin
Field Supervisor-
www.stewart-eng.com

STEWART
Public Involvement
An Informational Workshop on the projects was held on March 21, 2007 at
the Durant Road Middle School. The workshop was advertised through
direct mailings to surrounding homes and businesses, press releases and
notices on the City of Raleigh website. The meeting was very well attended
with heavy representation from the Bedford and Falls River neighborhoods.
Attached is the handout distributed at the meeting and a map showing the
origin of the resulting comments.
The major objection noted at the meeting was a desire to move the
connection to Falls River further away from homes. Overall the comments
and support for the projects were very favorable. Residents shared their
plans for using the trail which included fitness, recreation and
transportation.
ENGINEERING. INNOVATION. SOLUTIONS.a 261'TOWN HALL CR '^.;')RRISV1LLE tC T 915.380.£<%S'
;, .r .?. Pro'ect Ma p
J
Rcreation MARCH 21, 2007 PUBLICMTEETl?b
The Capital Area Greenway System
The Capital Area Greenway system has enjoyed
overwhelming support as it has begun to develop into a
truly regional amenity. The City is committed to
completing vital connections of the system and to
continued expansion. Current initiatives include the
recommendation to develop greenway trails at a rate of
two miles per year and to expand the Greenway
corridor width. This new requirement would include the
lands on either side of the stream top of bank at a
distance of 100', or the entire delineated floodplain
area on either side of the stream centerline, whichever
distance is greater. Along the Neuse River, this
recommendation is expanded to a 150' buffer or the
entire floodplain, whichever is greater.
Upper Neuse Greenway
The Capital Area Greenway Master Plan was first adopted by City Council in 1976 and includes over 270
miles of stream corridors identified for protection and the development of a greenway trail. Fifty-six
miles of greenway trails have been constructed.
For More Information and to Share
Your Comments Please Visit:
www.raleighnc.gov/parkplan_

Parks
Recreation
Or Contact:
Vic Lebsock
Park and Greenway Planner
City of Raleigh
PO Box 590
Raleigh, NC 27602
[phone]
victor. lebsock(aaci.raleigh.nc us
The 2003 Park Bond Referendum included funding for the design and initial construction of the Upper
Neuse Greenway. This portion of the greenway system begins at Falls Dam and runs along the Neuse
River for approximately eight miles, ending at the WRAL Soccer Complex off Perry Creek Road. City
Council has authorized funding in the amount of $1.495 million. The first phase of construction will be
from Falls Dam to the connection with the Falls River neighborhood.
www.st*wart-eng.com
STEWART
Index of Attachments
A. Mapping
B. Plans
C. Project History
D. Agent Authorization
FNGINFFRING. INNOVATION. SOLUTIONS.- 260 TOWN HALL DR MORR SVILLE, NC v 919.380 8750
J ,'
City Of ?aleigh
9 orth Gaarolina
March 14, 2008
AGENT AUTHORIZATION AGREEMENT
To: Mr. Jamie Shern
US Army Corps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
I, Victor Lebsock, the City of Raleigh Parks and Recreation Department, hereby authorize
Iona L. Hauser, AICP of Stewart Engineering Inc. to act as our authorized agent with regard to
the City of Raleigh's Upper Neuse Greenway Project. This project is located from the Falls
Lake Dam to the WRAL Soccer Complex, Wake County, NC.
Signature: i?s?
Date:-MA V,4 ?b, 2-cnt,
OFFICES H 222 WEST HARGETT STREET H POST OFFICE BOX 590 H RALEIGH, NORTH CAROLINA 27602