20060227 Ver 1_Complete File_20060606

OF W ATFR0 William G. Ross Jr., Secretary
\p 0 North Carolina Department of Environment and Natural Resources
r Alan W. Klimek, P.E., Director
>
a K Division of Water Quality
Colecn H. Sullins, Deputy Director
Division of Water Quality
May 16, 2006

DWQ Project # 06-0227
Wake County

CERTIFIED MAIL: RETURN RECEIPT REQUESTED

Mr. Joe Godfrey
Cary Parks & Recreation
Town of Cary
P.O. Box 8005
Cary, NC 27512

Subject Property: Regency Park Greenway Extension
Regency Lake [030402, 27-33-2.5, WSIII, NSW]

WAIVER of 401 Water Quality Certification and Authorization Certificate per the Neuse River Buffer
Protection Rules (15A NCAC 2B.0233)

Dear Mr. Godfrey:

Your application dated February 7, 2006, for a 401 Water Quality Certification was received in the Central
Office on February 13, 2006. According to our rules [15A NCAC 2H .0507 (A)], if final action is not taken
within 60 days, the Certification is waived unless DWQ has objected in writing to your application. Therefore,
DWQ has waived the requirement for a 401 Water Quality Certification for your plans to permanently impact
0.05 acres of wetland. Additionally, this letter will act as your approved Authorization Certificate for impacts
to the protected riparian buffers per 15A NCAC 213 .0233, since you proposed impacts to 18,574 square feet of
Zone 1 Neuse River basin protected riparian buffer and 13,504 square feet of Zone 2 Neuse River basin
protected riparian buffer to construct the Regency Park Greenway extension which is allowable under the Neuse
River buffer rules.
However if additional impact occurs or your development plans change, this waiver is no longer valid and a 401
Water Quality Certification will be required.

Please call Ms. Cyndi Karoly or Mr. Ian McMillan at 919-733-1786 if you have any questions regarding this
waiver.

Sincerely,

Cyndi Karoly, Supervisor
401 Oversight/Express Review Permitting Unit VA~
0 EM
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (hup://h2o.enr.state.nc.us/nc%retlands

Town of Cary
Page 2 of 2
May 16, 2006

CBKIi m

cc: Kevin Martin, Soil & Environmental Consultants, P.A., 11010 Raven Ridge Road, Raleigh, NC 27614
Eric Kulz, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
Paul Rawls, DWQ, Archdale Building

060227RegencyParkGreenwayExt(Wake)Waiver_401

2 0 0 6 0 2 2 7
0

Soil & Environmental Consultants, PA
11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
www.SandEC.com
February 3, 2006
S&EC Project # 9071.W2
To: US Army Corps of Engineers N.C. Division of Water Quality
Raleigh Regulatory Field Office 401 Oversight and Express Permits Unit
Attn: Monte Matthews Attn: Cyndi Karoly
6508 Falls of the Neuse Road, Suite 120 2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27615 Raleigh, NC 27604-2260
From: Kevin Martin
Soil & Environmental Consultants, PA D D
11010 Raven Ridge Road
Raleigh, NC 27614 FEB ZAn6

Re: Regency Park Greenway Extension 0013 v~,r f(tk~r,!_itY ~x
Cary, Wake County, NC€J.?th.~t,1Jtlr,.1
On behalf of the owner, the Town of Cary, please find attached a complete application and
supplemental information requesting written concurrence from the U.S. Army Corps of Engineers
(USAGE) and the N.C. Division of Water Quality (DWQ) that the activities proposed below may
proceed under Nationwide Permit 39 and General Water Quality Certification 3402 and Approval
Under the Neuse River Riparian Buffer Rules. Please contact me at [phone] if you have
any questions or require additional information.
PROJECT SUMMARY
Project Name Regency Park Greenwa Extension
Project Type Public Greenwa
Owner / Applicant Town of Cary, NC
Count Wake
Nearest Town Ca
Waterbod Name UT to Swift Creek/Regency Lake
Basin / Sub-basin 030402
Index Number 27-43-2.5
Class `'VS-III; NSW
IMPACT SUMMARY
Stream Impact (acres): 0
Wetland Impact (acres): 0.05
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.05
Total Stream Loss (linear feet): 0

Attachments:
Pre-construction Notification (PCN) Application Form
Apex, NC - USGS Map
Wake County Soil Survey Map - Sheet No. 66
Impact Maps (1 overall 11x17, 4 insets)
Application fee to DWQ -not required Courtesy 401
Charlotte Office: Greensboro Office:
236 LePhillip Court, Suite C 3817-E Lawndale Drive
Concord, NC 28025 Greensboro, NC 27455
Phone: [phone] Phone: [phone]
Fax: [phone] Fax: (336)''540-8235
I

FFR 1 3 2006
DENR - WATER QUALITY
I ETU W AND STOP M'A
Office Use Only: Form Vcrsion March 05
2nn80 7
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)

1. Processing

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: 39

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: ?

II. Applicant Information

1. Owner/Applicant Information
Name: Town of Cary
Mailing Address: c/o Joe Godfrey, Cary Parks & Recreation
P.O. Box 8005
Cary, NC 27512

Telephone Number: 919.469.4034 Fax Number: 919.460.4935
E-mail Address: joe. o~y(a)townofcary.org

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.)
Naive: Kevin Martin
Company Affiliation: Soil & Environmental Consultants, PA
Mailing Address: 11010 Raven Ridpe Road
Raleigh, NC 27614

Telephone Number: 919.846.5900 Fax Number: 919.846.9467
E-mail Address: kmartin(&sandec.com

Page 1 of 9

III. Project Information

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: Regency Park Greenway Extension

2. T.I.P. Project Number or State Project Number (NCDOT Only):

3. Property Identification Number (Tax PIN): 0761096786

4. Location
County: Wake Nearest Town: Cary
Subdivision name (include phase/lot number):
Directions to site (include road numbers/names, landmarks, etc.): The proposed project will
extend from S rMphony Lake Regency Lake on the USGS to a proposed intersection with
Regency Parkway.

5. 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): 35.7282° N 78.8026° W
N W

6. Property size (acres): The proposed greenway extension is approximately 1,200 feet long.

7. Name of nearest receiving body of water: Regency Lake (drains into Swift Creek)

8. River Basin:Neuse: HUC 03020201; Sub-basin 030402; Index # 27-43-2.5: WS-I11; NSW
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http:/ih2o.enr.state.nc.us/admin/maps/.)

9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The site is forested, and is surrounded by undeveloped land,
and residential and commercial developments. The trail follows an existing sewer easement.

Page 2 of 9
i
I

10. Describe the overall project in detail, including the type of equipment to be used: The
proposed project will extend Regency Park Greenwav from Symphony Lake to an
intersection with Regency Parkway. Standard grading and other heavy equipment normally
required for greemvay trail construction will be used.

11. Explain the purpose of the proposed work: The proposed project is on the Town of CM
Greenwav plan and will allow the town to accommodate existing and future pedestrians from
existing residential and commercial areas as well as future developments nearby.

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 pennits,
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. S&EC delineated streams and wetlands on site in October 2004 and
March 2005. NC DWQ confirmed buffer start points in a letter dated 30 November 2004 (DWQ
EXP 04-1821). Kevin Martin of S&EC discussed proposed methodology for delineating
wetlands within the disturbed sewer line easement with Jean Manuele of the USACE in the fall
of 2005.
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.
No additional permit requests are anticipated for the extension of Regency Park Greenwav at this
time.

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.

Page 3 of 9

I . Provide a written description of the proposed impacts: The applicant proposes one
aerial stream crossing by bridge and one small wetland fill within a sewer line easement.

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,
se aratel list impacts due to both structure and flooding.
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)
es/no linear feet
1 Fill/Culvert Herbaceous No 30' 0.05

Total Wetland Impact (acres) 0.05

3. List the total acreage (estimated) of all existing wetlands on the property: <0.5 ac within
trail corridor

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, multi 1 length X width, then divide b 43,560.
Stream Impact Average Impact Area of
Number Stream Name Type of Impact Perennial Intermittent? t? Stream Width Length Impact
indicate on ma Before Imp act linear feet acres

Total Stream Impact (by length and acreage) 0 0

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 Name Waterbody Type of Waterbody Area of
Site Number (if applicable) e) Type of Impact (lake, pond, estuary, sound, bay, Impact
indicate on ma ap ocean, etc. acres
NA NA NA NA NA

Total Open Water Impact (acres) NA

Page 4 of 9

6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0
Wetland Impact (acres): 0.05
Open Water Impact acres): 0
Total Impact to Waters of the U.S. (acres) 0.05
Total Stream Loss (linear feet; excludes 48' stabilization): 0

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 USACE.
No waters determined to be isolated by the USACE lie within the proposed trail corridor.

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.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): NA
Current land use in the vicinity of the pond: NA
Size of watershed draining to pond: NA Expected pond surface area: NA

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. In order to encourage and
promote pedestrian interconnectivity within the Regency Park Development a public grcenway
trail extension is proposed to connect the Town's Symphony Lake trail to Remy ParkwaX
Extension along the existing stream located on the upper end of Symphony Lake. The existing
topographic features in this area range from flat to severely sloped (greater then 1:1). There is an
existing public sanitary sewer utility located within a 30-foot wide public easement that parallels
the creek in the subject area. This area is generally flat, but in areas along the creek it slopes up
dramatically approximately 15-20 feet off the top of bank. We propose to locate the public
greenway trail within most of the existing easement area as indicated on the application. The
severe topography surrounding the subject area creates a physical hardship to the project by
limiting the ability to construct the greenway outside of the buffer without major damage to
heavily wooded areas during grading operations and construction of tie-back slopes. By

Page 5 of 9

constructing the trail within a previously cleared and maintained utility corridor, additional
buffer disturbance is minimized.

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, available at
http:/ih2o.enr.state.nc.us/ncwetlands/strmgide.html.

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.
No wetland mitigation should be required for the impact which is less than 0.1 ac. There
are no stream impacts proposed.

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://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:

Page 6 of 9

Amount of stream mitigation requested (linear feet): 0
Amount of buffer mitigation requested (square feet): 0
Amount of Riparian wetland mitigation requested (acres): 0
Amount of Non-riparian wetland mitigation requested (acres): NA
Amount of Coastal wetland mitigation requested (acres): NA

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 ? 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 ?

X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)

It is the applicant's (or agent's) responsibility to determine, delineate and snap 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.

I. 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.
Im pact Area 1 (Figure 2

Zone* Impact Multiplier Required
(square feet Mitigation
1 1638 3 (2 for Catawba) 0
2 2313 1.5 0
Total 3951 0
* 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 7 of 9

Impact Area 2 Fi rre 3

Zone* Impact Multiplier Required
(square feet Mitigation
1 7431 3 (2 for Catawba) 0
2 3989 1.5 0
Total 11420 0
* 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.
Impact Area 3 (Figure 4
Zone* Impact Multiplier Required
(square feet Mitigation
1 218 3 (2 for Catawba) 0
2 450 1.5 0
Total 668 0
* 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.
TotalImpacts
Zone* Impact Multiplier Required
(square feet Mitigation
1 9287 3 (2 for Catawba) 0
2 6752 1.5 0
Total 16039 0
* 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.

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 213 .0242 or .0244, or .0260. Impacts to buffers for greenway trails are an
allowable use that does not require mitigation.

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. The greenway trail impervious areas will sheet
flow the small amount of stonTnwater it receives from rainfall events. Culverted areas will only
be bypassing existing stormwater flows under the greenway.

Page 8 of 9

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.
NA

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/ncwet]ands. If no, please provide a short narrative description: Since
all areas to be served by the eenway are either currently developed or under construction and
all required DWQ and Corps permits obtained, there will be no additional cumulative or
secondary impacts from this project.

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).

2171d
Applicant gent' i nature Date
(Agent's signature is vali only if an authorization lette from the applicant is provided.)

Page 9 of 9

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Project Scale: Figure 2-Soil Survey
9071.W1 1":1320 -
Project Date: Map Soil & Environmental Consultants, PA
Mgr.: KM 10106104 (Sheets 66)
11010 Raven Ridge Rd." Raleigh, NC 27614
[phone] " [phone]
Regency
Web Page: www.SandEC.com
Wake County, NC;
I

oli

SITE

r r ~ ` V' I Y T 'T ' N! Tui QUAi1TY

3
URE S

_ d
- RE
VICINITY MAP 1" = 2000

LOT C68 _ 48 RECENCY PARK
9.76 AC
RECU /BY 1997 PC 7!1
//1027911!]7
PRCPCRn G( ip1N a CARY
201x4 POO W.
Sc:
E: PORK
LAND u
FIGURE 4
73
DUSTING TXAIL
-n~ `f t rY p
is
v ` \ SYMHONY LAKE
n
EGENCY
v
'SiGWNhG"ilav
19
G I i 21
::v 7 ri- It
tom,, 'r a } ( i!
DWQ/USCOE IMPACTS SUMMARY CHART
GES
NEUSE RIVER BUFFER
IMPACT TYPE ZONE 1 ZONE 2 TOTAL - h
IMPERVIOUS SURFACE 3362 S.F 2473 S.F 5835 S.F i%
J
0.077 AC 0.057 AC 0.134 AC - {
GREENWAY TRAIL
9287 S.F 6752 S.F 16039 S.F
CONSTRUCTION 0.2,21 1 AC C 0 0..115 5 AC C 0.37 AC
TOTAL WETLANDS IMPACT 2,260 S.F
0.05 AC
800,
l SCALE "
110
WITHERS RAVENEL OVERALL DW 1 USCOE IMPACT LOCATION PLAN FIGURE 1
ENGINEERS 1 PLANNERS I SURVEYORS ~ JANUARY 26, 2006 ' - '
- . . REGENCY PARK GREENWAY TRAIL EXTENSION 200 w 2No
WAKE COUNTY TOWN OF CARY NORTH CAROUAROLINA

j EXMH
7 ~ RIM: 352.12
\/NONE W~
I V. IN: 345.52 VELOCITY DISSIPATOR S'I~ FAO
R
IINV. OUT: 345.37 PAD:
V10: 9.2 FT/S
r L: 20'
W: 9.0'
D: 30" MIN.
C RIP RAP/\ ~ ~p 6P tiON"-

\ \ CLASS 1 RIP RAP
~ / "--`EXISTING 12" SANITARY SEWER
I I-,_ INLET PROTECTION
ZONE 1 FES(2)
/ - - -
NRB IMPACT INV IN:348.20
Oil
AIR
FLOW--
1
30' TOWN OF GARY-~/ 10' ASPHALT GREENWAY TRAIL
UTILITY EASEMENT -
I
I/
. • • • ' ' ' ' ~i ZONE 2
I / NRB IMPACT
'N69 2 3 LF 36" RCP S/'5.51,
•
/
~ 3451
/ / \Q FIGURE 2 IMPACT SUMMARY z
FES(2) NEUSE RIVER BUFFER
/ p~ INV IN:348.50 IMPACT TYPE ZONE 1 ZONE 2 TOTAL
/ 1V
TRAILNWAY 1638 S.F 2313 S.F 3951 S.F
PROPOSED (IV ~N /QJ CLASS 1 RIP RAP CONSTRUCTION 0.038 AC 0.053 AC 0.091 AC
I METAL GATE / . INLET PROTECTION
IMPERVIOUS 526 SF 745 SF 1271 SF
H'""' SURFACE 0.01 AC 0.02 AC 0.029 AC 3 Z006
M
RIM: 354.85
INV. IN: 346.12 0.0 SF 0
N 40'
WETLANDS 0.0 AC
S~
MAIL P=20'
WITHERS IZAVENEL BUFFER IMPACT MAPS FOR FIGURE 2
E13GIUEERS I PLANNERS 1 SURVEYORS REGENCY pq~~ G~EENWAY TRAM EXTENSION DE~>~ 15, 2005 1• = 20' 01 204277.30
III Moacnaa Drive Cary, North Carolina 27511 td 919-169-33Q lac 919-167-6008 m..1herwavrne com
- - - - - - WAKE COUNTY TOWN nF raar tintrht reRro Iue

FIGURE 3 IMPACT SUMMARY
J /
/ EXMH NEUSE RIVER BUFFER
' RIM: H348.45 RIM. I\ IMPACT TYPE ZONE 1 ZONE 2 TOTAL
/j INV. IN: 344.03 ANK INV. OUT: 343.68
INV. OUT: 343.83 ZoEI! GREENWAY
BAN 1 ` TRAIL 7431 S.F 3989 S.F 11420 S.F
ZONE 1 . ' , CONSTRUCTION 0.17 AC 0.09 AC 0.26 AC
NRB IMPACT ' Ff
j ` IMPERVIOUS 2733 SF 1522 SF 4255 SF
SURFACE 0.063 AC 0.035 AC 0.098 AC
A ~t
ZO~I E 2 a
\ I NRB IMPACT

ZONE 1
NRB IMPAC~
\ / J / ZONE 2 a6 `~~F
NRB IMPACT mill

PROPOSED GREENWAY FEB 2006
a \ / , BRIDGE OVER CREEK
EXISTING 12" SANITARY SEWER
M ZON _ ' TOWN OF GARY 0`NR-11ATCR OUkUI
i IVRe 30UTILITY EASEMENT ya~T1fr1DJ6.~dIATEkERANCH
INV: 346.50
N ION EXMH
RIM: 349.11

INV. IN: 343.27 a ~
/ INV. OUT: 343.11
EX -AERIAL SANI RY ZONE 2
NRB IMPACT
SEWER CROS
SING
1
EXMH ' 2ONti ~ ~
/ RIM: 349.15 ' 2 NRB \
fi INV. IN: 344.58 20NE 30 -wig
'
/ INV. OUT: 344.41 NRB \ ~"1
2 ZONE 1
B IMPACT \ \ e~\
\ 0 15,
30
IF
\ 1' = 30' \

WITHERS RAvE:NE:L BUFFER IMPACT MAPS FOR FIGURE 3
ENGINEERS I PLANNERS I SURVEYOrRS REGENCY PARK GREENWAY TRAIL EXTENSION 24, 2006 1" = NY WRI 204277.30
WAKE COUNTY TOWN OF CARP NORTH CAROLINA

2
1 o~E 2 9SA
ti ~R9 y9~T FIGURE 4 IMPACT SUMMARY

ti0~R0 c~~Fti NEUSE RIVER BUFFER
IMPACT TYPE ZONE 1 ZONE 2 TOTAL
T o
W LANDS TRAILNWAY 218 S.F 450 S.F 668 S.F c~
c~ AREA CONSTRUCTION 0.005 AC 0.010 AC 0.015 AC z

F , IMPERVIOUS 103 SF 206 SF 309 SF
SURFACE 0.002 AC 0.005 AC 0.007 AC -N-

WETLANDS 00.0 SF
.0 AC
p~F ZONE 2
NRB IMPACT

ZONE 1 V
NRB IMPACT \
ice` \ ~ , a t

- L

S, G q

-

9SAy SYMPHONY LAKE

0 10, 20' 40'
IM Imam
SCALE: V= 20•

WITHERS RAdF.NEL BUFFER IMPACT MAPS FOR FIGURE 4
Ep61gEEQ$ I PLANNERS 1 SURVEYORS REGENCY PARK GREENWAY TRAIL EXTENSION DECEMBER 16, 200$ 1" = 20• WR# 204277.30
III IlaNcnm Cave Cary, Math Cadvw 21511 teh 919-I69-3310 lar. 919-161-6008 m.nlhersiaveiM.can
WAKE COUMY TOWN OF GARY NOM rrApni imA

FIGURE 5 IMPACT SUMMARY

/ EXMH
RIM:
RIM H348.45 173\ IMPACT TYPE TOTAL
a , INV. IN: 344,03 NK INV. OUT: 343.68
INV. OUT: 343.83 TOE% o
•„1~ / / ------SOP BANK 1 \ WETLANDS 2,260 SQ.FT

VELOCITY DISSIPATOR
ASPHALT GREENWAY T... . 1
V10:' 78 FT/S / I .
L: 6.0'
D: 24 s
MIN. / ! ~ N l
CLASS 2 RIP RAP
S17lgp ZONE 1
cgFE HONy NRB IMPACTJJ n F
PROPOSED GREENWAY FEB 1 3 J
WETLAND BRIDGE OVER CREEK
AREA EXISTING 12" SANITARY SEWER
2pN ~j 30' TOWN OF GARY TIC D 2)5F,' a4pTi p; r~U i! : i t
1 NRB UTILITY EASEMENT
INV: 346.50
N 2pNf. / / EX6lH 7
RIM: 349.11 1 \
INV. IN: 343.27
INV. OUT: 343.11 ra \ \
t
EXMH ZOt1g \ . ' \
NR , \
RIM: 349.15 g \
ZONE 2 INV. IN: 344.58 ~O~g 2 30
NRB IMPA T fi INV. OUT: 344.41 1yRg \ \
o •••••~••~A t \1
4f r
WETLAND IMPACTS \
32 Lf 18" RCP ®0.5% ~ \ \
/ o o \ •
IA 7.6 t' At INV: 346.40
EX AERIAL SANITARY \ a ti• ~rA
SEWER CROSSING \ 1•
o
\ \
0 0
.a
%
0 0 •
0 0 ~o U \6
r - ~30'
WITHERS RAVENEL. WETLAND IMPACT MAP FOR FIGURE 5
ENGINEERS I PLANNERS I SURVEYORS REGENCY PARK GREENWAY TRAIL EXTENSION JANUARY 24, 2006 1" = 30' WRY 204211.30
111 Yad(mm arve Cory, Harlh Crcafiw 21$11 IeL 919-469-7.510 lac 919-16]-6008 m.nikrnawidean
- - - . - - WAKE COUNTY TOWN (1F GARY NORTH ream Inln

Wetland Delineation Performed By: Soil & Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, North Carolina 27614
[phone]
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)

Project/Site: Regency S&EC # 9071.W2 Date: 11/13/05
Applicant/Owner: Town of Cary County: Wake
Investigator: Kevin Martin State: NC

Do Normal Circumstances exist on the site? X Yes No Community ID: Riparian wetland
Is the site significantly disturbed (Atypical Situation)? Yes X No Transect ID:
Is the area a potential Problem Area? Yes X No Plot ID: Sewer Easement
If needed, explain on reverse.
VEGETATION

Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Juncus effuses Herb FACW+ 9.
2. Carex Sp. Herb FACW 10.
3. 11.
4. 12.
5. 13.
6. 14.
7. 15.
8. 16.
Percent of Dominant Species that are OBL, FACW, or FAC
(excluding FAC-): 100%
Remarks: Wetland vegetation observed at this location.

HYDROLOGY

Recorded Data (Describe in Remarks): Wetland Hydrology Indicators:
_ Stream, Lake or Tide Gauge Primary Indicators:
Aerial Photographs X Inundated
_ Other X Saturated in Upper 12 Inches
X No Recorded Data Available _ Sediment Deposits
X Drainage Patterns in Wetlands
Field Observations: Secondary Indicators (2 or more required):
X Oxidized Root Channels in Upper 12 Inches
Depth of Surface Water: 2 (in.) X Water-Stained Leaves
Local Soil Survey Data
Depth to Free Water in Pit: 0 (in.) FAC-Neutral Test
Other (Explain in Remarks)
Depth to Saturated Soil: 0 (in.)
Remarks: Wetland hydrology present.

Wetland Delineation Performed By: Soil & Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, North Carolina 27614
[phone]

Project/Site: Regency S&EC # 9071.W2 Plot ID: Sewer Easement

SOILS

Map Unit Name Drainage Class: Poorly
(Series and Phase): Wehadkee Field Observations
Taxonomy (Subgroup): Typic Fluvaquent Confirm Type? X Yes No
Profile Description:
Depth Matrix Color Mottle Color Mottle Texture, Concretions,
inches Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
0-9 A 2.5YR 5/2 2.5YR 6/4 Medium, Common Loam
9-14 Bt 10YR 5/2 7.5YR 5/6 Medium, Common Clay loam

Hydric Soil Indicators:
Histosol Concretions
Histic Epipedon High Organic Content in Surface Layer in Sandy Soils
_ Sulfidic Odor Organic Streaking in Sandy Soils
X Aquic Moisture Regime X Listed on Local Hydric Soils List
Reducing Conditions S Listed on National Hydric Soils List
X Gleyed or Low-Chroma Colors Other (Explain in Remarks)
Remarks: Hydric soil characteristics observed at this location.

-1 11
WETLANDS DETERMINATION

Hydrophytic Vegetation Present? X Yes No Is this sampling point within a wetland?
Wetland Hydrology Present? X Yes No X Yes No

Hydric Soils Present? X Yes No

Remarks: Area severely rutted and compacted within existing sewer easement.

I

2 o o 6 0 2 2 7

° Soil & Environmental Consultants, PA
€ 11010 Raven Ridge Road Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
_F
' a www.SandEC.com
February 3, 2006
S&EC Project # 9071.W2
To: US Army Corps of Engineers N.C. Division of Water Quality
Raleigh Regulatory Field Office 401 Oversight and Express Permits Unit
Attn: Monte Matthews Attn: Cyndi Karoly
6508 Falls of the Neuse Road, Suite 120 2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27615 Raleigh, NC 27604-2260
From: Kevin Martin LS @
Soil & Environmental Consultants, PA D
11010 Raven Ridge Road FEB 1 $ 2006
Raleigh, NC 27614 D[Nil Re: Regency Park Greenway Extension

1'cVVD3f€UiTG;3 yATEAriVio
Cary, Wake County, NC
On behalf of the owner, the Town of Cary, please find attached a complete application and
supplemental information requesting written concurrence from the U.S. Army Corps of Engineers
(USACE) and the N.C. Division of Water Quality (DWQ) that the activities proposed below may
proceed under Nationwide Permit 39 and General Water Quality Certification 3402 and Approval
Under the Neuse River Riparian Buffer Rules. Please contact me at [phone] if you have
any questions or require additional information.
PROJECT SUMMARY
Project Name Regency Park Greenwa Extension
Project Type Public Greenwa
Owner / Applicant Town of Cary, NC
Count Wake
Nearest Town Ca
Waterbod Name UT to Swift Creek/Regency Lake
Basin / Sub-basin 030402
Index Number 2743-2.5
Class WS-III; NSW
IMPACT SUMMARY
Stream Impact (acres): 0
Wetland Impact (acres): 0.05
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.05
Total Stream Loss (linear feet): 0

Attachments:
Pre-construction Notification (PCN) Application Form
Apex, NC - USGS Map
Wake County Soil Survey Map - Sheet No. 66
Impact Maps (1 overall 11x17, 4 insets)
Application fee to DWQ -not required Courtesy 401
Charlotte Office: Greensboro Office:
236 LePhillip Court, Suite C 3817-E L4wndale Drive
Concord, NC 28025 Greensboro, NC 27455
Phone: [phone] Phone: [phone]
Fax: [phone] Fax: [phone]

FA 1 3 2006

DEf~tt ' YYA1 E-A QUALITY
14c1W403 +u ttlcXt't'A'RfFA CwcH

Office Use Only: Form Version March 05

USACE Action ID No. DWQ No. ^ ' 0 '
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)

1. Processing

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: 39

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: ?

11. Applicant Information

1. Owner/Applicant Information
Name: Town of Cary
Mailing Address: c/o Joe Godfrey, Cary Parks & Recreation
P.O. Box 8005
Cary, NC 27512

Telephone Number: 919.469.4034 Fax Number: 919.460.4935
E-mail Address: joe.godfrey~a townofcary.org

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: Kevin Martin
Company Affiliation: Soil & Environmental Consultants, PA
Mailing Address: 11010 Raven Ridge Road
Raleigh, NC 27614

Telephone Number: 919.846.5900 Fax Number: 919.846.9467
E-mail Address: kmartinnsandee.coin

Page I of 9

III. Project Information

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: Regency Park Greenway Extension

2. T.I.P. Project Number or State Project Number (NCDOT Only):

3. Property Identification Number (Tax PIN): 0761096786

4. Location
County: Wake Nearest Town: Cary
Subdivision name (include phase/lot number):
Directions to site (include road numbers/names, landmarks, etc.): The proposed project will
extend from Symphony Lake (Regency Lake on the USGS) to a proposed intersection with
Regency Parkway.

5. 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): 35.7282° N 78.8026° W
N W

6. Property size (acres): The proposed reg enway extension is approximately 1,200 feet long.

7. Name of nearest receiving body of water: Regency Lake (drains into Swift Creek)

8. River Basin: Neuse: HUC 03020201; Sub-basin 030402, Index # 27-43-2.5, WS-III; NSW
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http:/ih2o.enr.state.nc.us/admin/maps/.)

9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The site is forested, and is surrounded by undeveloped land,
and residential and commercial developments. The trail follows an existing sewer easement.

Page 2 of 9
i

i

10. Describe the overall project in detail, including the type of equipment to be used: The
proposed project will extend Regency Park Greenwa_y from Symphony Lake to an
intersection with Regency Parkway. Standard grading and other heavy equipment normally
required for er~y trail construction will be used.

11. Explain the purpose of the proposed work: The proposed project is on the Town of Cary
Greenway plan and will allow the town to accommodate existing and future pedestrians from
existing residential and commercial areas as well as future developments nearby.

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. S&EC delineated streams and wetlands on site in October 2004 and
March 2005. NC DWQ confirmed buffer start points in a letter dated 30 November 2004 (DWQ
EXP 04-1821). Kevin Martin of S&EC discussed proposed methodology for delineatinZ
wetlands within the disturbed sewer line easement with Jean Manuele of the USACE in the fall
of 2005.
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.
No additional permit requests are anticipated for the extension of Regency Park Greenway at this
time.

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 (intennittent 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.

Page 3 of 9

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f 1 FFR ] 2006
pENR - WAT LR GUALi1Y
' MS 3n E~ &ii?f ,Ci1R1i R BRAtiCH
Project Scale: Figure 2 - Soil Survey
9071.W1 1":1320'
,
Project Date: Map o Soil & Environmental Consultants, PA
Mgr.: KM lorosroa (Sheets 66)
11010 Raven Ridge Rd.- Raleigh, NC 27614
[phone] • [phone]
Regency Web Page: www.SandEC.com
Wake County, NC ) r`

I . Provide a written description of the proposed impacts: The applicant proposes one
aerial stream crossing by bridge and one small wetland fill within a sewer line easement.

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,
se aratel list impacts due to both structure and flooding.
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)
es/no linear feet
1 Fill/Culvert Herbaceous No 30' 0.05

Total Wetland Impact (acres) 0.05

3. List the total acreage (estimated) of all existing wetlands on the property: <0.5 ac within
trail corridor
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., cetnent 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, multi 1 length X width, then divide b 43,560.
Stream Impact Average Impact Area of
Number Stream Name Type of Impact Perennial or Stream Width Length Impact
indicate on ma Intermittent? Before Impact linear feet acres

Total Stream Impact (by length and acreage) 0 0

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 Name Waterbody Type of Waterbody Area of
Site Number (if applicable) e) Type of Impact (lake, Pand estuary, sound, bay, Impact
indicate on ma ocean, etc. acres
NA NA NA NA NA

Total Open Water Impact (acres) NA

Page 4 of 9
I~

I

6. List the cumulative impact to all Waters of the U.S. resulting from the project..
Stream Impact (acres): 0
Wetland Impact (acres): 0.05
Open Water Impact acres): 0
Total Impact to Waters of the U.S. (acres) 0.05
Total Stream Loss (linear feet; excludes 48' stabilization): 0

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 USACE.
No waters determined to be isolated by the USACE lie within the proposed trail corridor.

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.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): NA
Current land use in the vicinity of the pond: NA
Size of watershed draining to pond: NA Expected pond surface area: NA
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. In order to encourage and
promote pedestrian interconnectivity within the Regency Park Development, a public erg enway
trail extension is proposed to connect the Town's Symphony Lake trail to Regency Parkway
Extension along the existing stream located on the upper end of Symphony Lake. The existing
topographic features in this area range from flat to severely sloped (grgater then 1:1). There is an
existing public sanitary sewer utility located within a 30-foot wide public easement that parallels
the creek in the subject area. This area is generally flat, but in areas along the creek it slopes up
dramatically approximately 15-20 feet off the top of bank. We propose to locate the public
greemvay trail within most of the existing easement area as indicated on the application. The
severe topography surrounding the subject area creates a physical hardship to the project by
limiting the ability to construct the ee'r~y outside of the buffer without major damage to
heavily wooded areas during grading operations and construction of tie-back slopes. By

Page 5 of 9

I

constructing the trail within a previously cleared and maintained utility corridor, additional
buffer disturbance is minimized.

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, available at
http://h2o.enr.state.nc.us/ncwetlands/stnngide.html.

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.
No wetland mitigation should be required for the impact, which is less than 0.1 ac. There
are no stream impacts proposed.

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 infonnation regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wM/index.litm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following infonnation:

Page 6 of 9

I

Amount of stream mitigation requested (linear feet): 0
Amount of buffer mitigation requested (square feet): 0
Amount of Riparian wetland mitigation requested (acres): 0
Amount of Non-riparian wetland mitigation requested (acres): NA
Amount of Coastal wetland mitigation requested (acres): NA

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 ? 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 ?

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
(Meuse), 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. V 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.

Im pact Area 1 (Figure 2
Zone* Impact Multiplier Required
(square feet Mitigation
1 1638 3 (2 for Catawba) 0
2 2313 1.5 0
Total 3951 0
* 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 7 of 9

Impact Area 1 Fi rre 3

Zone* Impact Multiplier Required
(square feet Mitigation
1 7431 3 (2 for Catawba) 0
2 3989 1.5 0
Total 11420 0
* 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.
Impact Area 3 (Figure 4
Zone* Impact Multiplier Required
(square feet Mitigation
1 218 3 (2 for Catawba) 0
2 450 1.5 0
Total 668 0
* Zone I 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.
TotalImpacts
Zone* Impact Multiplier Required
(square feet Mitigation
1 9287 3 (2 for Catawba) 0
2 6752 1.5 0
Total 16039 0
* Zone I 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.

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. Impacts to buffers for greenway trails are an
allowable use that does not require mitigation.

XI. Stornnvater (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. The greenway trail impervious areas will sheet
flow the small amount of stormwater it receives frotn rainfall events. Culverted areas will only
be bypassing existing stormwater flows under the greenway.

Page 8 of 9

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.
NA

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.ne.us/newetlands. If no, please provide a short narrative description: Since
all areas to be served by the erg_enway are either currently developed or under construction and
all required DWQ and Corps permits obtained, there will be no additional cumulative or
secondary impacts from this project.

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).

v-wr- Z 7 D(
Applica A t s Signatur Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)

Page 9 of 9

/

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1
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IUI

Project 0: scale: Figure 1- USGS Map
9071.W1 1":2000'
Project Date: Apex Quadrangle$ Soil & Environmental Consultants, PA
Mgr.: tact 10/06104 ' g 0 11010 Raven Ride Rd.- Ralei h NC 27614
Regency? g g '
Wake County, NC [phone] • [phone]
Web Page: www.SandEC.com

I

r- / i ( t
EF NW50

~ SITE ~ -
FEB 1 3 2006
CNn -WAI QUALITY

3
J URE 5

RFi t,

VICINITY MAP 1' = 2000

IAt C6B M
' iYE!
9.56 AC
~ FCC'0 Bu 1991 PG 731
nEp~ 0771757
ggP(RI1 Uf fUN UC (,Yt(
IMO US(: VNpt
n n FIGURE 4
i
16
SYMPHONY LAKE
zs
26

`REGENCY ~ Ai
~TGWNI iG; lip : J` s n a »
DWQ/USCOE IMPACTS SUMMARY CHART E
CES
NEUSE RIVER BUFFER
IMPACT TYPE ZONE 1 ZONE 2 TOT
IMPERVIOUS SURFACE 3362 S.F 2473 S.F 5835 S.F 0.077 AC 0.057 AC 0.134 AC
GREENWAY TRAIL 9287 S.F 6752 S.F 16039 S.F
CONSTRUCTION'
0.21 AC 0.15 AC 0.37 AC
f;iJi l1"
TOTAL WETLANDS IMPACT 2,260 S.F ; t
0.05 AC ~r--~ ` I
1 800
t~
.
t SCALE ,
%1 r
WITHERS RAVENED OVERALL DWQ I USCOE IMPACT LOCATION PLAN FIGURE 1
ENGINEERS I PLANNERS I SURVEYORS JANUARY 26, 2006 ' '
. REGENCY PARK GREENWAY TRAIL EXTENSION ' 200 wRj 20+277.30
WAKE COUNTY TOWN OF CARY NORTH CAROLINA

` EXMH~
RIM: 352.12
\ I V. IN: 345.52 VELOCITY DISSIPATOR
V`NV. OUT: 345.37 PAD: oR FE6
i ; V 10: 9.2 FT/S /
L: 20' / E 8 N~ DENR WA~a rrR6K
W: 0' N
D: 30' MIN. gPN E
CLASS 1 RIP RAP X09 ~oN
CLASS 1 RIP RAP 'EXISTING 12" SANITARY SEWER
INLET PROTECTION _
FES(2) _
ZONE 1 -
INV IN:348.20 0~~ NR8
/ NRB IMPACT
FLOW-'
/
30' TOWN OF CARY-may 10
UTILITY EASEMENT ~ ASPHALT GREENWAY TRAIL

TO.
• J ,
'•"~i ZONE 2
I I NRB IMPACT
3
1 'N69 Ta 43 LF 36" RCP S~S•S 1,
/ (2) @ 0.5% Og E
/ 134.51 0

0
FIGURE 2 IMPACT SUMMARY z
FES(2) NEUSE RIVER BUFFER
/ Qi / Qe INV IN:348.50 IMPACT TYPE ZONE 1 ZONE 2 TOTAL
~V a
/ 2 C b r GREENWAY 1 V
I ~ ^ m TRAIL 1638 S.F 2313 S.F 3951 S.F
Al OPOSED ('V t" /QJ CLASS 1 RIP RAP CONSTRUCTION 0.038 AC 0.053 AC 0.091 AC
I METAL GATE INLET PROTECTION
IMPERVIOUS 526 SF 745 SF 1271 SF
SURFACE 0.01 AC 0.02 AC 0.029 AC

RIM: 354.85
INV. IN: .85 0.0 SF o 346.12
WETLANDS 0.0 AC la 20 40'
SCALE: 1'= 2(Y

WITHERS RAvENEL BUFFER IMPACT MAPS FOR FIGURE 2
r 01 EERS I PL A93HERS IrS UR6VEYYORS REGENCY PARK GREENWAY TRAIL EXTENSION DECEMBER 15' 2005 .30
1• = 2a wRj 204277
IKIA 919--6= ~.wilhaucvwdcm - - - WAKE COUNTY TOWN nF caRV anxru reRruiue

FIGURE 3 IMPACT SUMMARY
f
EXMH NEUSE RIVER BUFFER
RIM: H348.45 RIM.. I `N IMPACT TYPE ZONE 1 ZONE 2 TOTAL
INV. OUT: 343.68 \ INV. IN: 344.03
/j
/ INV. OUT: 343.83 10E BANK- GREENWAY
TRAIL 7431 S.F 3989 S.F 11420 S.F
' ZONE 1 CONSTRUCTION 0.17 AC 0.09 AC 0.26 AC
NRB IMPACT
C, IMPERVIOUS 2733 SF 1522 SF 4255 SF
0.063 AC
SURFACE 0.035 AC 0.098 AC
ZO~E 2
NR IMPACT
s
ZONE 1
NRB IMPAC
/ J ZONE 2 ~
NRB IMPACT FI
TO
00
BRIDCESOVERRCREEKY WP~rNaaA ~Gi ,H
/ / EXISTING 12" SANITARY SEWER 1 DE`N~,F
201y / 30' TOWN OF CARY ~ cI
i MRg / UTILITY EASEMENT
~INV: 346.50
cv ?ON EXMH
/ RIM: 349.11
INV. IN: 343.27
INV. OUT: 343.11
Ex~ERIAI SAM aY \ \ ~ NRBEIMPACT
SEWER CROS
EXMH ' ZONB
RIM: 349.15 } 1pNB 2 NRB
s ~
INV. IN: 344.58 30 • ` NRB \
4f
INV. OUT: 344.41
~ fi/ ` ZONE 1
/ 1 \ 6 IMPACT
\ ~ 1

\ 0 15 30

WITHERS RAVEN EL BUFFER IMPACT MAPS FOR FIGURE 3
ENGINEERS I PLANNERS I SURVEYORS REGENCY PARK GREENWAY TRAM EXTENSION JANUARY 24, 2006 1' = v WRj 204277.30
, - _0, - WAKE COUNTY TOWN OF CARY NORTH CAROLINA

2 9sA
FIGURE 4 IMPACT SUMMARY
0ti0\- NEUSE RIVER BUFFER

IMPACT TYPE ZONE 1 ZONE 2 TOTAL
f
W LANDS GREENWAY 218 S.F 450 S.F 668 S.F
TRAIL
0 AREA CONSTRUCTION 0.005 AC 0.010 AC 0.015 AC z

tnQ , IMPERVIOUS 103 SF 206 SF 309 SF
SURFACE 0.002 AC 0.005 AC 0.007 AC -N-

e
y02~ WETLANDS 00.0 SF
.0 AC
ZONE 2
NRB IMPACT

V•
ZONE 1
NRB IMPACT

00.
s. / qs
7 4/(

\ \ rr rrr'rr
\ rrrr rrr
\ \ ~`rrrr 1.rrr
\ rr rrr'
\ rrr.rrr
\ \ \ \ r rrr -
\ rrrrr
\ rr rr srr r...
\ y9 SYMPHONY LAKE

CT\ \ 0 10' 20'

\ \ \ \ SCALE: V=20'

WITHERS RAVENEL BUFFER IMPACT MAPS FOR FIGURE 4
ENGINEERS 1 PLANNERS 1 SURVEYORS REGENCY PARK GREENWAY TRAM EXTENSION DECEMBER 16, 2005 f = 20' WRI 204277.30
111 YacKenm Va Cary. Nash Cordlna 27511 tel [phone] lac 919-467-M -iVvvmend.can WAKE COUNTY TOWN OF CARY NORTH rARni ANA

FIGURE 5 IMPACT SUMMARY

/ EXMH
RIM:
/ RIM: 348.45 1N• ' 43.7 _ IMPACT TYPE TOTAL
INV. IN: 344.03 INV. OUT: 343.68 \
° INV. OUT: 343.83 10 ~OP BANK , \ WETLANDS 2,260 SQ.FT

` VELOCITY DISSIPATOR
GREENWAY TRAi~ 1 0
1 ASPHALT
V 10: _J78 FT/S ~
L: 6.0' I t X
W: 4.0' f
D: 24" MIN. / 1 sus N I n(~~
CLASS 2 RIP RAP
S ZONE 1 r ~h ' of `~~,1 D 6
_ CRej hONY NRB IMPACT))
LOW l7
$ION
PROPOSED GREENWAY 'DSO'
WETLAND EXISTING 12" SANITARY SEWER BRIDGE OVER CREEK V
2ON AREA / 30' TOWN OF CARY
1 NRB UTILITY EASEMENT
INV: 346.50
64 ?O~y~ / EXMH 7
RIM: 349.11
INV. IN: 343.27 \
? .r,/ / INV. OUT: 343.11 1 j Tp \
EXMH pNE \ \
\ rp \
RIM: 349.15 ZpNg 2 Nip,
ZONE 2 INV. IN: 344.58 B \ \
NRB IMPA T INV. OUT: 344.41 NR , ` >b
WETLAND IMPACTS \ °titi,
32 LF 18" RCP ®0.59:
14 6 kN, INV: 346.40 ` ~lp .~A; \
E AERIAL SANITARY ` p''• % rA
1L ` SEWER CROSSING \ tip'
\il
*0 1 vu
1
i
\ 0 15' 30' ` 60'
1 9'.
WITHERS RAVENEL WETLAND IMPACT MAP FOR FIGURE 5
ENGINEERS I PLANNERS I SURVEYORS REGENCY PARK GREENWAY TRAIL EXTENSION JANUARY 24, 2006 1" = 30' WR# 204217.30
111 IlatKrnm Wive Wry, Math Carolina pull td 919-469-7310 Im: 919-167-6008 m.nlhuuoKndcan
WAKE COUNTY TOWN nF CARY NnRTN rARnIINIA

Wetland Delineation Performed By: Soil & Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, North Carolina 27614
[phone]
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)

Project/Site: Regency S&EC # 9071.W2 Date: 11/13/05
Applicant/Owner: Town of Cary County: Wake
Investigator: Kevin Martin State: NC

Do Normal Circumstances exist on the site? X Yes No Community ID: Riparian wetland
Is the site significantly disturbed (Atypical Situation)? Yes X No Transect ID:
Is the area a potential Problem Area? Yes X No Plot ID: Sewer Easement
If needed, explain on reverse.
VEGETATION

Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Juncus effuses Herb FACW+ 9.
2. Carex sp. Herb FACW 10.
3. 11.
4. 12.
5. 13.
6. 14.
7. 15.
8. 16.
Percent of Dominant Species that are OBL, FACW, or FAC
(excluding FAC-): 100%
Remarks: Wetland vegetation observed at this location.

HYDROLOGY

_ Recorded Data (Describe in Remarks): Wetland Hydrology Indicators:
Stream, Lake or Tide Gauge Primary Indicators:
Aerial Photographs X Inundated
Other X Saturated in Upper 12 Inches
X No Recorded Data Available _ Sediment Deposits
X Drainage Patterns in Wetlands
Field Observations: Secondary Indicators (2 or more required):
X Oxidized Root Channels in Upper 12 Inches
Depth of Surface Water: 2 (in.) X Water-Stained Leaves
Local Soil Survey Data
Depth to Free Water in Pit: 0 (in.) FAC-Neutral Test
Other (Explain in Remarks)
Depth to Saturated Soil: 0 (in.)
Remarks: Wetland hydrology present.

i

Wetland Delineation Performed By: Soil & Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, North Carolina 27614
[phone]

Project/Site: Regency S&EC # 9071.W2 Plot ID: Sewer Easement

SOILS

Map Unit Name Drainage Class: Poorly
(Series and Phase): Wehadkee Field Observations
Taxonomy (Subgroup): Typic Fluvaquent Confirm Type? X Yes No
Profile Description:
Depth Matrix Color Mottle Color Mottle Texture, Concretions,
inches Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure etc.
0-9 A 2.5YR 5/2 2.5YR 6/4 Medium, Common Loam
9-14 Bt 10YR 5/2 7.5YR 5/6 Medium, Common Clay loam

Hydric Soil Indicators:
_ Histosol Concretions
Histic Epipedon High Organic Content in Surface Layer in Sandy Soils
_ Sulfidic Odor Organic Streaking in Sandy Soils
X Aquic Moisture Regime X Listed on Local Hydric Soils List
_ Reducing Conditions S Listed on National Hydric Soils List
X Gleyed or Low-Chroma Colors Other (Explain in Remarks)
Remarks: Hydric soil characteristics observed at this location.

1 11,
WETLANDS DETERMINATION

Hydrophytic Vegetation Present? X Yes No Is this sampling point within a wetland?

Wetland Hydrology Present? X Yes No X Yes No

Hydric Soils Present? X Yes No

Remarks: Area severely rutted and compacted within existing sewer easement.

i

b 1-4
o Complete items 1, 2, and 3. Also complete A. Signaturo
item 4 if Restricted Delivery is desired. ? Agent
0 Print your name and address on the reverse i~i~l:~ ? Addressee
so that we can return the card to you. B. Received by (Printed Name) C. Date of Delivery
13 Attach this card to the back of the mailpiece,
or on the front if space permits. -1 - iH '.1
D. Is delivery address different from item 17 ? Yes
1. Article Addrossod to: If YES, enter delivery address below: ? No
Mr. Joe Godfrey
Cary Parks & Rec.
Town of Cary P.O. Box 8005 3. Service Type
Cary,NC 27512 gCertifiod Mail ? Express Mail
DWQ4 06-0227-Wake ? Registered 0 Return Receipt for Merchandise
? Insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
2. Article Number
(Transfer from service 7005 1160 0000 9954 6849
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540

UNITED STATES POSTAL SERVICE First-Class Mail
Postage & Fees Paid
USPS
Permit No. G-10
• Sender: Please print your name, address, and ZIP+4 in this box •

NC DENR Division of Water Quality
401 Oversight/Express Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604