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HomeMy WebLinkAbout20080765 Ver 1_401 Application_20080508 I t ', 1 . 0 8 0 765 sPAID City Of 6Ralei h 5Vorth Carolina 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) Division of Water Quality 401/Wetlands Unit 1650 Mail Service Center Raleigh, NC, 27699-1650 (Five Copies) fl?@fi?fl Mq r 1 D oos 4VU ??rE a?}. BR4" Subject: Nationwide 14 Application, Upper Neuse Greenway - Falls River Section, Raleigh, Wake County Dear Sirs: The City of Raleigh proposes to construct a 3.4-mile greenway from the Bedford neighborhood along the Neuse River and along approximately one-mile of unnamed perennial stream to connect to the existing Falls River greenway at Falls River Road. 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 five jurisdictional streams and thirteen jurisdictional forested wetland systems within the project study area. Temporary Impacts - There are no temporary impacts to streams or wetlands 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 1,234 sf of wetlands fill. OFFICES H 222 WEST HARGETT STREET H POST OFFICE BOX 590 H RALEIGH, NORTH CAROLINA 27602 Excavation in Wetlands - The construction of the project will result in 197 sf of excavation in jurisdictional wetlands areas. Surface Water and Channel Impacts - The construction of the greenway and associated stream crossings will result in 2941f of impacts. Mechanized Clearing - While hand clearing will be utilized where possible some mechanized clearing will be necessary in wetland areas. These areas include W8 and W12 with 263 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 S 18C and S 18D, which greatly reduces stream impacts. • Boardwalk will be constructed to cross W 13, W 16, and W 17, 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 10,040-feet of Neuse riverfront, 18622.82-feet of stream and 11.50 acres of wetlands will be protected from further development or impacts in perpetuity. This results in preservation to impact ratios of 63:1 for streams (calculation excludes Neuse riverfront) and 303:1 for wetlands. OFFICES H 222 WEST HARGETT STREET H POST OFFICE BOX 590 H RALEIGH, NORTH CAROLINA 27602 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 Common Name Scientific Name Federal Status Habitat Present Biological Conclusion 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. With the exception of S 18 the streams within the project study area are too small to provide suitable dwarf wedge mussel habitat. The crossing of S 18 will be a bridge which entirely spans the stream and avoids potential impacts to this species. 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. NCDWQ 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.lebsockaci.ralei h.tg_tc_us - (919) 807-5139) or our consultant / designated agent: Iona L. Hauser, AICP, Stewart Engineering (ihausernstewart-eng com. - (919) 866-4762) if you have any question or required further detail. Best regards, - Vw-r4 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 USA CE Action ID No. DWQ No. o 8 0 7 6 5 (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing sPAID 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 Areaf Environmental Concern (seethe top of page 2 for further details), check tW D D II. Applicant Information MAY Zoo 1. Owner/Applicant Information R *PIER e46l" Name: Victor Lebsock, City of Raleigh Parks and Recre SWDSTOR01k Mailing Address: PO Box 590 Raleigh, NC 27602 Telephone Number: 919-890-3293 Fax Number: 919-890-3299 E-mail Address: v1ctor.Iebsock@c1.ra1eigh.nc.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 Engineering, Inc. Mailing Address: 421 Fayetteville Street, Suite 400 Raleigh, NC 27601 Telephone Number: 919-866-4762 Fax Number: 919-380-8752 E-mail Address: ihauser@stewart-eng.com 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 Greenway, Bedford to Falls River Road - Raleigh 2. T.I.P. Project Number or State Project Number (NCDOT Only): EB-4829 3. Property Identification Number (Tax PIN): See attached 4. Location County: Wake Nearest Town: Raleigh Subdivision name (include phase/lot number): Bedford Directions to site (include road numbers/names, landmarks, etc.): Proiect site follows the south side of the Neuse River from the Bedford neighborhood to Falls River Road. Site may 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, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): SITE ID COORDI NATES S12 N-795058.30 E-2128772.39 S14 N-794773.43 E-2129724.70 S1 5/W8 N-794551.58 E-2130206.57 S16 N-790789.35 E-2131404.83 W12 N-789585.69 E-2130781.41 6. Property size (acres): 206.67 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: Theproiect is the second 3.4-mile section of the City of Raleigh's Neuse River Greenway, 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 protect. 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 Complex, neighborhoods (Bedford, Falls River, many others), South Shore Trail at Falls Lake, 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 City of Raleigh adopted the Capital Area Greenway Master Plan in 1976. The plan outlined a strategy of locating areenways along stream and river corridors in order to both protect surface 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 City 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. Coordination Activities (standard 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 DWO. City of Raleigh Staff and Stewart Engineering to discuss permitting. Page 3 of 11 NC Division of Water (duality: 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, A public meeting was held to provide information to the community 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 acquirinq right-of-way along the river - anytime a new plat is recorded along the river a 150 foot greenway 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 Type of Wetland Located within Distance to Area of Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact (indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres) (yes/no) (linear feet) W-8 Fill, excavation,clearing Forested yes 0 0.0257 W-12 Fill, excavation,clearing Forested yes 0 0.0132 1 Total Wetland Impact (acres) 0.0389 3. List the total acreage (estimated) of all existing wetlands on the property: 11.5 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-12 UT Neuse River Culvert Intermittent 2 81 0.0037 S-14 UT Neuse River Culvert Intermittent 15 105 0.0362 S-15 UT Neuse River Culvert Intermittent 8 54 0.0099 S-16 UT Neuse River Culvert Intermittent 20 54 0.0248 Total Stream Impact (by length and acreage) 294 0.0746 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, dredging, flooding, drainage, bulkheads, etc. 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 (acres) N/A N/A Total Open Water Impact (acres) 6. List the cumulative impact to all Waters of the U.S. resulting from the project Stream Impact (acres): 0.0746 Wetland Impact (acres): 0.0389 Open Water Impact (acres): N/A Total Impact to Waters of the U.S. (acres) 0.1135 Total Stream Impact (linear feet): 294 Page 5 of 11 7. Isolated Waters Do any isolated waters exist on the property? ? Yes ® No 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 USAGE. 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.): WA Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): WA Current land use in the vicinity of the pond: WA Size of watershed draining to pond: WA Expected pond surface area: WA 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 around skirting around jurisdictional waters. Where impacts were unavoidable, decisions were made to build a boardwalk, build a bridge, or install a culvert. Boardwalks are proposed over several wetlands. Some tree clearing by hand will be necessarv to make room for the boardwalk. Stumps will be left in place. Mats will be used for temporary construction access to construct the boardwalks. They will be removed once the boardwalk is in place so this impact will be verv short 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. 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 Page 6 of 11 their impact and the cost of bridging relative to the impact was very high. Culvert impacts were minimized by designing 2:1 side slopes for the greenwav fill and using a headwall at culvert entrances to reduce culvert length. In general culverts are short, the greenwaV is narrow and the greenwav easement and associated stream buffers are wide. 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 207 acres of land will be held by the City and recorded as Greenwav Easement. This easement will place 10,040-feet of Neuse riverfront, 18,622.82-feet of streams and 11.5 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 expressly prohibited. Page 7 of 11 1. Industrial and Commercial Use. Industrial and commercial activities of any type and ingress and/or egress for such purposes are prohibited. 2. Agricultural, Timber Harvestinq, Grazing and Horticultural Use. Agricultural, timber harvesting, _grazing, horticultural and animal husbandry operations are prohibited. 3. Disturbance of Natural Features, Plants and Animals. There shall be no cutting or removal of trees, or disturbance of other natural features, including plant and animal life except for the following: (1) as incidental to boundary marking, fencing, slgnage construction and maintenance of asphalt and -greenwav trails and related convenience facilities, and public accesses allowed hereunder, (2) selective cutting and prescribed burning or clearing of vegetation, and the application of approved pesticides for fire containment and protection, disease control, restoration of hydrology, wetlands enhancement and/or control of non-native plants; and (3) hunting and fishing, (otherwise permitted by law or ordinance) pursuant to applicable rules and regulations. 4. Construction of Buildings; Structures; Slgnage. There shall be no constructing or placing of any building, mobile home, asphalt or concrete pavement, billboard or other advertising display antenna, utility pole, tower, conduit, line, pier landing, dock or anv other temporary or permanent structure or facility on or above the Property, except for the following: Placinq and display of no trespassing signs; state or federal traffic or similar signs; greenwav trail signs; for sale or lease signs; signs identifying the conservation values of the Property, and/or signs identifying the Grantor as the owner of the propert y and the Citv as holder of this Greenwav Easement; educational and interpretive signs• identification labels or any other similar temporary or permanent signs, as approved by the City. 5. Mineral Use, Excavation, Dredging. There shall be no filling excavation dredging mining or drilling; no removal of topsoil, sand, -gravel, rock, peat, or other minerals; and no chance in the topo-graphy of the land in any manner except as necessary to prevent erosion or incidental to Greenwav 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 dikinc dredging 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. It is proposed that these conservation areas be accepted as mitigation for stream and wetland impacts. For this section of the trail the relationship of stream impacts to stream entering conservation status is 63:1 and for wetland impacts the ratio is 303:1. 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 legally recorded and preclude any further development activity other. Page 8 of 11 2. 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 (919) 715-0476 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 http://www.nceep.net/paaes/inlieureplace.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): WA 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): N/A 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 (919) 733-5083 to review current thresholds for environmental documentation. Yes ® Federal Cateaorical 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 213 .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ® No ? Page 9 of 11 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. Impact Required Zone* i-,.,, f o,N Multiplier r...... 1 49,420 3 (2 for Catawba) 2 79,292 1.5 Total 128,712 * Zone 1 extends out 30 feet perpendicu additional 20 feet from the edge of Zone 1. from the top of the near bank of channel; Zone 2 extends an 3. 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. Greenwavs are an allowed use in the Neuse buffer. Durina permit coordination meetina 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 acres of impervious area will be added due to construction of a 10 foot wide greenwav in an 3.4-mile, 206-acre corridor. This amounts to a total proposed impervious percentage of 1.8% 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 Page 10 of 11 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): 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). `A-pplicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 11 of 11 www.stewart-en9•com .didobi CS STEWART Index of Attachments A. Mapping B. Plans C. Project History D. Agent Authorization FNCiINFFRING. INNOVATION. SOLUTIONS.- 260 TOWN HAIL DR MORRIsv41E,NC T 919 380 e?so I / i N Wyatt o euse co \ ?r 61/ FALLS o m RIVER SECTION ' i %° 'Doo ' o 0 000 UPPER 11 tE USE GREE11 t WA Y 131 FAYETfENLLE ST RALEIGH, NC 27801 GRAPHIC SCALE: 1"=2000' SUrtE/oo FF18.380.8752 FALLS RIVER SECTION T BI93808750 1000 500 0 1000 2000 arewan?+D.car? T I P #: EB-4829 S T E W A R T III I-- ?-' IA. ` )7V c Q Project Boundary' 'Location and extent is approximate J 0 1000 2000 % %1 ij'?'"'.:py„ • -?'`f-"'i,'!"'`_-,.--'? - Feet 1 Inch equals 2,000 feet. 7", ,• Source: USGS Digital Raster Graphics, q Wake Forest Quadrangle, 1999. • Disclaimer: Infomretbn represented on this ma was \ delved from secondary data so trose and is to be • ? / t e . 1 { \ used for general layout only. No warrantles or - ?.• .Presentations of accuracy ere expressed or Implled, . N __- _ ENVIRONMENTAL Project: ER05251 SERVICES, INC. Project Location Date: Apr 2008 524 S. Hope Raleiggh,NNonn CaewCarolineROBd 27610 Upper Neuse Greenway - Phase 2 Ral (919) 212-1760 FAX Raleigh, Wake County, North Carolina Drwn/Chkd: KT/GT www.en--menfalservkeslnc.com Figure: PH2 -1 eo re ro P ass . wg. JM1iir?- 11 U RC2 ?? 't`? a f c c2 WxC ` CN ' a ° i ApC2 p .? A9C: Cy82 ` Q 6 • ? ? At,H7 i k' r„ v •. rRC2 A ! d Y . ' 1 ! fi S . t•,•H2 Cpga "t Jt 11962 C102? Apa ?+ Ca A DC2'. ouQ A +B? I ft 'A \? U82 r-F tv aKd WY ApR2 C D Project Boundary O l L? NRCS Soil Boundary At, AtA cfiH1 Au Soil Mappina Units ( CS) ! ADD Hydric Soils Wn Wehadkee silt loam, 0-2% slopes A, (, a Wo Wehadkee and Bibb soils, 04% slopes aH- Apra --_ cea Non-hydric Soils with Hydric Inclusions } - p $ R AM Altavista fine sandy loam, 04% slopes Cm Chewacla soils, 0-2% slopes Arc: n. r, ° r J Cn Colfax sandy loam, 0-6% slopes > G+ r Co Congaree fine sandy loam, 0-2% slopes AIA o. '•? Wu Non-hydric Soils ?ecr c«r " W. ` ? . ApB2 Appling sandy loam, 2-6% slopes, eroded o - Wh A AfE.} ApC Appling sandy loam, 6-10% slopes - C.¢j / gz( ADS? ru ApC2 Appling sandy loam, 6-10% slopes, eroded A D A li l 10 1 d / r "` F i t«l. pct t# a n oam, - y 5% slopes 9 san P PP w t »g: / g l a CeC2 Cecil sandy loam, 6-10% slopes, eroded CeD Cecil sandy loam, 10-15% slopes CeF Cecil sand loam 15-45% slo es (;.C2 W.F !r'\) y , p c.r.. :_ AgC Cp Congaree silt loam, 0-2% slopes w j arw? 'f I•, Apif2 WkE Wake soils, 10-25% slopes WwF Cell • j,, c WmE Wedowee sandy loam, 15-25% slopes Cat' p ? ' r ?• 1rJ1.2 ,Al j .B .lt? ? ' G`.,g . q 1VkE 0 1000 2000 Apo A?WwE Al Feet COD A o m E f o Source: NRCS Soil Survey of r _ WmC ,. app ) r 1.2 a? * 7 vat+ i wake County, 1970. _ ApC - yl,\ )) I . ii iY - Disclaimer: Information represented on this map was C.t0 - derived from secondary data sources and Is to be ? ?. Ap!:? t ?i t used for general layout only. No warranbes or oCt l Cy,•y `` Apn; A t Yo representations of accuracy are expressed or implied. Av1t ENVIRONMENTAL Project: ER05251 SERVICES, INC. Project Soils 524 S. New Elope Road Date: Apr 2008 Raleigh. N- Cardin. 27610 Upper Neuse Greenway - Phase 2 (919)212-1760 Drwn/Chkd: KT/GT (919) 212.1707 Fax Raleigh, Wake County, North Carolina wwwenN,nnn,anrnsarvlcesinc.com Figure: Ph2 - 2 P',G-G.a Prni-ts,20051251,Corel1sobsv2.cdr: 04129108: 930 AM Black and WhiteOrthophotoS. Disclaimer: The information depicted on this figure is for informational purposes only and was no ?[ Ab 45*r ', x W 1 3 . 4 1 ' r' ..'.a prepared forand is no[ suitable for legal or engineur oses. This informmation resented is not fo a Li f1P Match 17 *,Z tory review and intended for use only b egul Prfessional Land SurveYor prior to re0watorY re o : b Figur ? Hz,".Yl? c '•' a i? .?.'. ?a, r.. v ENVIRONMENTAL SERVICES, INC. General Wetland and Stream Layout 524 S. New Hope Road Ralei North Carolina 27670 i h h Ralei Upper Neuse Greenway - Phase 2 m? u w w a? g g , g , (919) 212-1760 (919) 212-1707 FAX , ?m ?ra,?w v;oao;oo r om Raleigh, Wake County, North Carolina t?jlz ? Project: ER05251 Date: Apr 2008 Drwn/Chkd: KT/GT Figure: PH2 - 3a w^ +!`.rtw?.,a"'4?f"R"? ''',w. a+' ?d"jg''i,?, >t"a".a ?M'f k``1?"'? 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"l. } r i al „r, ^r4`a A.. °Q'± ,, ?. ! it , E 9 ar a A s" '" . r ligr .,frs' r tf '` t- "„ a4?,7 ? x i y3t' ,:.,? ?, k j;.:, r n+a ,l>„ a 4; a ro 14 e`' J.1 4 -1v '41 S r? x ><• . a? , +f*?S°:,i.,ija ?,a`? ?wr,? ??F a ,? a° ENVIRONMENTAL Project: ER05251 SERVICES, INC. General Wetland and Stream Layout Date: Apr 2008 524 S. New Hope Road Upper Neuse Greenway - Phase 2 Raleigh, North Carolina 27610 (919) 212-1760 Raleigh, Wake County, North Carolina Drwn/Chkd: KT/GT ®+ws esi (919)212-1707 FAX wwwenvironmentals-icesinc.com Figure: PH2 -3 b www.stowart-ong.com JOW STEWART Index of Attachments A. Mapping B. Plans C. Project History D. Agent Authorization FNC,INFFRING. INNOVATION. SOLUTIONS.- 260 TOWN HALL DR rdORR15V1 LE. NC T 919.380 8750 .r. iT ar . 1?II Y NI, r t t t ;, yM1`( Wj R ,?5? y} Y .? Y?' ? ae f FF* It rl... 0 L yJ ?r V R t r y 7? T''1 ?'r f ryc kyY. = V PROPOSED 36'-36" HDPE I f r ??? 1 1 1 j1I _> \ 1 CLASS 'B' STONE J j EST/ 28 S4//YD Fl i / /f ? X11 SHEET 2 OF 6 121 FAVETTEVILLE IT GRAPHIC SCALE: 1"=20' RALEIGH, NC 27801 UPPER NEUSE GREENWAY BUTTE 400 S12 T 919.380.8750 10 5 0 10 20 36" HDPE, -L- STA. 68 + 40.74 F 1.380.8752 . tewertany.cmn K 795058.30 E 2128772.39 S T E W A R T BZ . •L Z8 W N W ? _ 51- N r ? i `.Z0 TONS ksi j`/CLA? 't' Sl'ON \ i _ ,F 't q (Y! FILL` K\,FAB,Rld\ ` j P-RO,f?O?EQ!g8'?1?" FiDPE ? i I f F--? i , , t \ r % ------------- i SHEET 3 OF 6 127 FAYETTEVILLE ST GRAPHIC SCALE. 1"=20' /'? RALEIGH, NC 27901 UPPER NE USE GREENWA Y s°'"M'°° S14 J T 9,9..9752 10 5 0 10 20 42" HDPE, U STA. 78 + 97.56 F 919.990.9752 wwh•.,tawert.n9.? N 794773.43 E 2129724.70 S T E W A R T ? J{ t r - ,\l I s?. t ! H f , ?; Jl? a i ?1j ! y t 1' ` I'''? 1t, '? •,,` ' ', `` ?g rvg0 gn i All, 4 i ill itt ?,J `,t\\ Lij fj \ OU) \ \•? \•,,\ ',' J'r tj°r 1? // r+t,r?'r"'?,' , I ) r? `rr? '•'tr't r ? r r ?r I r?f I ?`??LiidY:?'`? 1 i;' %?%//`///i i ?! t• I\ '??/ f 1+ f17? r ? Op i 1 I f 1 ?1 ( i/,-- -............ -....... _...._..-- CO) co) C-0 T 44 111 +f - ? _ • __ _.-... _.-_( . A.. f r i. HIM - - - - - ---------- -- - it „t. l 1 "CI rf j'r r` ? t'r I 1 t ' ( I J 1 ? \' .? ? I Q ? c N j 1, t I it , ` t 04 i iI I'r i \\\? i I ? ? O tt co? it I _ CL j rn '; i, i t? i i ?i ? •i i'+ ' ,i + I I ' I i O - I it ?• :`,,?`\ \\\.\? ; ; ??\ ? ? j --- _ j ° < ; t W to i ` , r ru V) W ""o r%^_i EST ?3 TONS CLASS 'I' STONti +' 11 1 ESf 62 SQ yjj f1 t(.,rER' FABRIC PROPOSED 40'-54" HDPE - F-- ,, cy 0 N cG N ? ( ltjjliil Wit," SHEET 5 OF 6 421 FAYETTEVILLE 5T GRAPHIC SCALE. 1"=20' RALEIGH,NC27801 UPPER 11 tE USE GREENWA Y SUITE 3. T 919.380.8750 S16 io s o io 20 54" HDPE, ?- STA.132 + 82.73 F19.390.8752 lewart<rg.com ow i N 790789.35 E 2 1 3 1 4 0 4 . 8 3 S T E W A R T PROPOSED 32'-36" HDPE i .a 2 EST 11 TONS CLASS 'B' STONE EST 28 SQ YD FILTER FABRIC BZ - ..._. 7 , •/ ?r __ ..-261 ,`1` _..._..__.._ _ f ? n SHEET 6 OF 6 ? L W12 l RAPHIC SCALE: I"=20' io 5 o io zo UPPER NEUSE GREENWAY 6" HDPE, -L- STA. 146 +62.72 421 FAVETTEVILLE ST SUITE 400 RALEIGH, NC 27801 T 919.380.'5750 F 818380.8752 ?•<g- 111 789585 69 E . 2 1 3 0 7 8 1 . 4 1 S T E W A R T From: Shern, James F SAW [mailto:James.F.Shern@saw02.usace.army.mil] 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:ihauser@stewart-eng.com] 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: James.F.Shern@usace.army.mil 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 Page 1 of•2 Iona Hauser From: Iona Hauser Sent: Thursday, February 14, 2008 2:56 PM To: James.F.Shern@usace.army.mil 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 lack 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 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director 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 (15A NCAC 2B .0233) Tar-Pamlico (15A NCAC 213.0259) Complaint NOV Buffer Determination X Incident # Appeal Call Project Name: Upper Neuse Greenway - 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) Bnd Buffer Stream Form Appeal Call Located on Soil Survey Located on USGS Topographic Sol Subject at Flag SYA22 X S02 Subject at west side of Falls of Neuse bridge x S04 Subject x X S06 'Subject X S07 Not Evaluated x S08 Not Evaluated x X S09 Not Evaluated X S10 Subject X Sll Subject X S12 Not Subject (Not on Maps) No`s CarolJina f!!1' dif North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone (919) 7914200 Customer Service Internet h2o.emstate.ne,us 1628 Mail Service Center Raleigh, NC 27699-1628 FAX (919) 5714718 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer- 50% Recyded/100A Post Consumer Paper -? of wA 3?? QG 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 (betwem 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. Noe Carolina ?turall? North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone (919) 791-4200 Customer Service Internet: h2o.enr.state.nc.us 1628 Mail Service Center Raleigh, NC 27699-1628 FAX (919) 571-4718 1-877-623-6748 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 (919) 791-4200 if you have any questions regarding this project. Sincere Eric W. Kul Environmenta Special st III cc: DWQ/RRO Files Central Files DWQ Wetlands and Stormwater Branch Ben Brown - City of Raleigh _ Dne Caro Noturar North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone (919) 7914200 Customer Service Internet: h2o.enr.state.nc.us 1628 Mail Service Center Raleigh, NC 27699-1628 FAX (919) 5714718 1-877-623-6748 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 2,7560 Re. Upper Neuse Creenway Trail', Raleigh, Wake County, NC [TAILS 2006. 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 (919) 856-4520, or via post at the address above. Sincerely, Pete Benjamin Field Supervisor www.stewart-eng.com CS 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."' 260TO'Nr!HA:- QR M.ORRSVI_LE,NC T919.380.875e Project Map Park, Recreation MARCH 21, 2007 PUBLIC MEETING 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/Rarkplan, eation Or Contact: Vic Lebsock Park and Greenway Planner City of Raleigh PO Box 590 Raleigh, NC 27602 (919) 890-3293 victor.lebsock()ci 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. CS STEWART www.stowart-ong.com Index of Attachments A. Mapping B. Plans C. Project History D. Agent Authorization FNGINFFRING. INNOVATION. SOLUTIONS.'" 260 TOWN HALL DR r.ORRISVILL=_. NC T 919.380 8750 % 1. CitrJ. Of Raleigh 9Yorth Caarolina 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: Date: MA r,4, OFFICES H 222 WEST HARGETT STREET H POST OFFICE BOX 590 H RALEIGH, NORTH CAROLINA 27602