HomeMy WebLinkAbout20170507 Ver 2_White Oak Creek Greenway - MacArthur Section (C-5604IB)_20180131Letter of Authorization
Ms. Sarah Alexander, with the Town of Cary authorizes Kimley-Hom and
Associates, Inc, to act as our limited agent to coordinate with the U.S. Army
Corps of Engineers and North Carolina Division of Water Quality for the
preparation and submittal ofjurisdictional determinations and 404/401 permits
applications associated with the White Oak Creek Greenway project located in
Wake County, North Carolina. Authorization will terminate on either final
agency action or upon written notification from either parties involved.
Company Name: Kimlev-Horn and Associates. Inc.
Contact Name: Jeff Moore. P.E.
Client Name: Sarah Alexander
Client Address: 316 N. Academv Street
_ Carv, NC 27513
Client Phooe {t: 919-462-2075
Client Fax N: 919-469-4344
Client Email: sarah.alexanderCa�townofcarv.orQ
�_d�
(Signatu e of Client) �—
/2 �zol3
Dat�
����od��
JAN 3 � 7018
DENR•WATERRESOURCES
iAAN3�ORTATION PERMf1T1NG UN(T
�
Kimley>>>Horn
January 26, 2018
Mr. Eric Alsmeyer
US Army Corps of Engineers o���ad � �
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105 �A� 3��tot�
Wake Forest, NC 27587
Wp�yRES��lqOT
Mr. Rob Riding5 ����
NC Division of Water Resources
Transportation Permitting Unit
512 North Salisbury Street
Raleigh, NC 27604
RE: Nationwide Permit 14 Modification Application -
(USACE SAW-2014-00303; DWR # 20170507)
White Oak Creek Greenway
Town of Cary, Wake County, North Carolina
Dear Mr. Alsmeyer and Mr. Ridings:
On behalf of the Town of Cary, Kimley-Horn is submitting the attached application/reauthorization
request for the modification of an existing Nationwide Permit (NWP) 14 for the above referenced
project. The Town of Cary, in coordination with the North Carolina Department of Transportation
(NCDOT), proposes the construction of new greenway trail between MacArthur Drive and Davis Drive
to connect two previously disconnected sections of the White Oak Creek Greenway.
The White Oak Creek Greenway plans have been modified since the issuance of the 404/401 Permit
Approvals (USACE SAW-2014-00303; DWR # 20170507). Plans were changed in three locations
(Wetland/Stream Impact Sites 2, 4, and 6). Changes to Wetland/Stream Site 2 and Wetland/Stream
Site 4 were made in response to constructability concerns regarding the width of the clearing limits.
The clearing limits have been expanded to the edge of the acquired easement. Stream S2 is located
within these expanded limits; however, silt fencing will be installed on either bank and no temporary
or permanent impacts will result to this section of S2. Changes to Wetland/Stream Site 6 were made
after a scour analysis was performed on the stream channel which suggested additional rip rap would
be necessary to protect the base of the boardwalk end bent and retaining wall from scour. Temporary
impacts during construction are necessary to key the rip rap along Ihe bank above the OHWM. The
proposed impact changes have been updated in the attached PCN and are briefly detailed below (net
increase/decrease from permitted total):
421 Fayetteville Street, Suite 600, Raleigh, NC 27601
,
Kimley>»Horn
Bufferlmpacts
• Zone 1 temporary:
• Zone 1 permanent:
• Zone 2 temporary:
• Zone 2 permanent:
Wetland Impacts
• Temporary wetland:
• Permanent wetland:
Stream Impacts
• Temporary stream:
• Permanent stream:
1,381.75 sq. ft. decrease
3,106.07 sq. ft. increase
350 sq. ft. increase
1,734.62 sq. ft. decrease
0.0295 acre decrease
0.0313 acre increase
94.36 linear feet increase
no change
The following information has been included as part of this modifcation request:
• Revised PCN Application Form
• Signed Agent Authorization
• Updated Plan Sheets
Page 2
• Revised Permit Impact Drawings
• Check for DWR Water Quality
Certification Fee of $240.00
If there is any additional information you need to assist in the processing of this modification request,
please do not hesitate to contact me at 919-677-2113 or William.Sullivan@Kimley-Horn.com.
Sincerely,
�
�' V •' '�C��
William Sullivan
�O� � W A 7F9�G
m T
� r
o �
Office Use Only.
Corps action ID no.
Permit Modification in Red DW4 project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification (PCN) Form
A. A licant [nformation
1. Processing
1 a. Type(s) of approval sought from the
Corps: � Section 404 Permit ❑ Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: 14 or General Permit (GP) number.
1c. Has the NWP or GP number been verified by the Corps? ❑ Yes � No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
� 401 Water Quality Certifcation — Regular ❑ Non-404 Jurisdictional General Permit
❑ 401 Water Quality Certifcation — Express � Riparian Buffer Authorization
1e. Is this notifcation solely for the record For the record only for DWQ 401 For the record only for Corps Permit:
6ecause written approval is not required? Certification:
❑ Yes � No ❑ Yes � No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation � Yes � No
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program.
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h ❑ Yes � No
below.
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes � No
2. Project Information
2a. Name of project: White Oak Creek Greenway - MacArthur Section
2b. County: Wake County
2c. Nearest municipality / town: Cary
2d. Subdivision name: n/a
2e. NCDOT only. T.LP. or state C-5604 IB
project no:
3. Owner Infortnation
3a. Name(s) on Recorded Deed: Town of Cary
3b. Deed Book and Page No. n/a (Linear TranspoRation Easement)
3c. Responsible Party (for LLC if Amy Mackintosh, PLA
applicable):
3d. Street address: 316 N. Academy Street
3e. City, state, zip: Cary, NC 27513
3f. Telephone no.: 919-460-4973
3g. Faxno.: 919-469-4344
3h. Email address: Amy.Mackintosh@TownofCary.org
Page 1 of 13
PCN Form — Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: � Agent ❑ Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name: Jason Hartshorn, PWS
5b. Business name Kimley-Horn
(if applicable):
5c. Street address: 421 Fayetteville Street, Suite 600
5d. City, state, zip: Raleigh, NC 27601 �
5e. Telephone no.: 919-677-2000
5f. Fax no.: n/a
5g. Email address: Jason.Hartshorn@Kimley-Horn.com
Page 2 of 13
PCN Form — Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
1. Property Identification
0743660161
0743683180
0743663975
0743676121
1a. Property identification no. (tax PIN or parcel ID): 0743676187
0743676386
0743676484
0743676595
0743771026
1 b. Site coordinates (in decimal degrees): Latitude: 35.774552 Longitude: - 78.843063
(DD.DDDDDD) (-DD.DDDDDD)
1c. Property size: 4 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to Crabtree Creek
proposed project:
2b. Water Quality Classification of nearest receiving water: C; NSW
2c. River basin: Neuse
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
A majority of the proposed project will occur in new locations that range from wooded natural areas to cleared and
maintained utility easements. The project corridor is bounded to the north, south, and east by high-density residential
housing, and to the west by Davis Drive Park. The project vicinity is composed primarily of inedium- to high-density
residential housing.
3b. List the total estimated acreage of all existing wetlands on the property:
0.54 acre
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
1,432 LF
3d. Explain the purpose of the proposed project:
The proposed project will construct new greenway trail between MacArthur Drive and Davis Drive in order to link two
previously disconnected sections of the White Oak Greenway.
3e. Describe the overall project in detail, including the type of equipment to be used:
The proposed project will construct approximately 0.4 miles of multiuse greenway path to include a grade-separated rail
crossing, a boardwalk for a majority of the length of the trail, and pedestrian signal and crossing improvements at the
Davis Drive at-grade crossing. The project will be constructed using excavators, skid-steers, pavers, and other equipment
typical of greenway projects.
Page 3 of 13
PCN Form — Version 1.3 December 10, 2008 Version
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past?
Comments: A Preliminary Jurisdictional Determination was � Yes ❑ No ❑ Unknown
issued for the project on August 1, 2014 (USACE AID: SAW-
2014-00303).
4b. If the Corps made the jurisdictional determination, what type
of determination was made? � Preliminary ❑ Final
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Kimley-Horn
Name (if known): Jason Hartshorn Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
David Schaeffer of the USACE issued a Preliminary Jurisdictional Determination for the project on August 1, 2014
(USACE AID: SAW-2014-00303). Additionally, Sara Knies of the NCDWR issued a Buffer Determination for the project on
February 27, 2014 (NBRRO#14-041)
5. Project History
5a. Have permits or certifications been requested or obtained for � Yes � No ❑ Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
n/a
6. Future Project Plans
6a. Is this a phased project? ❑ Yes � No
6b. If yes, explain.
n/a
Page 4 of 13
PCN Form — Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1a. Which sections were completed below for your project (check all that apply):
� Wetlands � Streams - tributaries � Buffers
❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland Type of jurisdiction
impact Type of impact Type of wetland Foresled (Corps - 404, 10 Area of impact
number - (if known) DWQ - non-404, (acres)
Permanent other)
(P) or
Temporary
Site 1 CuUFill Headwater Forest � Yes � Corps 0.0159 (P)
�P❑T ❑No ❑DWQ
Sit2 2 Cut; Bottomland Hardwood � Yes � Corps 0.0902 (P)
� P� T Construdion Access Forest ❑ No ❑ DWQ 0.0135 (T)
Site 5 ❑ Yes � Corps
❑ P� T Construction Access Headwater Forest � No ❑ DWQ 0.0075 (l�
Site 6 CuUFill; Bottomland Hardwood � Yes � Corps 0.0536 (P)
� P� T Construction Access Forest ❑ No ❑ DWQ 0.0746 ('�
2�. Total e�ellend impacts 0.1597 (P)
- 0.0956 {T)
2h. Comments: Wetland impacis will result from both permanent grading (cuUfill) and temporary construction access.
Temporary wetland impact areas disturbed for wnstruction access will be stabilized by the use of mud mats during
construction. Changes to wetland impacts resulted irom the placement of rip rap to prevent Siream S1 from scouring under
the greenway and from an adjustment to the clearing limits. Overall. temporary wetland impacts decreased from the permitted
totals by 0.0295 acres. and permanent impacts increase (rom the permi[fed totals by 0.0313 acres. All temporary construction
areas will adhere to the same conditions previously pennitted.
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream Type of impact Stream name Perennial Type of Average Impacl
impact (PER) or jurisdiction stream length
number - intermittent (Corps - 404, width (linear
Permanent (IN�? 10 (feeQ feet)
(P) or DW�- non-
Temporary 404, other)
��
Site 2 goardwalk Construction Stream S2 ❑ PER � Corps 4 30
❑ P� T UT to Crabtree Creek � WT ❑ DWQ
Site 3 Stream Relocation for Stream S2 ❑ PER � Corps 4 ��2 ��
� P❑ T Boardwalk UT to Crabtree Creek � INT ❑ DWQ
Site 4 goardwalk Construction Stream 52 ❑ PER � Corps 4 33.81
❑ P� T UT to Crabtree Creek � INT ❑ DW4
Site 6 Construction Access Stream S1 � PER � Corps 5 �29 ��
❑ P� T UT to Crabtree Creek ❑ INT ❑ DWQ
172.71 (P)
3h. To[al stream and Mibutary- impacts 192 98 �T�
3i. Comments: Stream S2 is an excavated channel (deep, encised feature, iarge spoil piles on both banks, linear flow) that
was likle du as a draina e conve ance between residential develo ments. S2 will be im acted tem oraril in hvo locations
Page 5 of 13
PCN Form - Version 1.3 December 10, 2008 Version
to facilitate construction of two boardwalk crossings. A short reach of S2 will also be relocated by the project due to the narrow
size and deep depth of the stream channel, and its location between iwo residential areas. Boardwalk construction along S2
would impede or alter the flow of S2 and present long term maintenance challenges for the greenway. The Town is proposing
to relocate a reach of stream S2 using natural channel design to relocate the stream in a more natural location in the valley
and at a more stable cross section. Two riffle features will be constructed at the beginning and the end of the relocated reach
and the installation of live stake plantings will be utilized for bank stability. Stream S1 is a intermittent feature that will be
temporarily impacted to allow for consiruction access in two locations. Temporary construction access locations will be
stabilized using either 15" temporary pipe, or wood bridgemats. Changzs to stream impacis resulted irom the placement of rip
rap to prevent Stream S1 from scouring under the greenway and from an adjustment to the Gearing limiis. No pennanent
stream impacts changed as a resuit of these modifications. Overall, temporary stream impacts increased by 9A.361inear feet.
This increased temporary impact is primarily due to the installment of rip-rap along the bank of Stream Si. Rip-rap stabilization
will be placed above the OHWM. Temporary construction areas wfll adhere to the same conditions previousiy permitted.
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the
U.S. then individually list all open water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number (if applicable) Type of impact Waterbody type Area of impact
— Permanent (acres)
(P) or
Tem ora (T
01 ❑P❑T
02 ❑P❑T
03 ❑P�T
04 ❑P�T
4f. To[al open water impacts �
4g. Comments: No open water impacts will result from the proposed construction.
5. Pond or Lake ConsWction
If ond or lake construction ro osed, then com lete the chart below.
Sa. 5b. Sc. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or purpose of (acres)
number pond
Flooded Filled Excavated Flooded Filled Excavated Flooded
P1
P2
Sf. Total �
5g. Comments: No ponds or lakes will be constructed as part of the proposed project.
5h. Is a dam high hazard permit
required? ❑ Yes � No If yes, permit ID no:
Si. Expected pond suriace area n/a
(acres):
5j. Size of pond watershed (acres): n/a
5k. Method of construction: n!a
Page 6 of 13
PCN Form — Version 1.3 December 10, 2008 Version
6. 8uffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes. then individually list all buffer impacts
below. If an im acts re uire miti ation, then ou MUST fill out Section D of this form.
6a.
� Neuse ❑ Tar-Pamlico ❑ Other:
Project is in which protected basin? ❑ Catawba ❑ Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Bufferimpact
number — Reason for impact Buffer Zone 1 impact Zone 2 impact
Permanent (P) Stream name mitigation (square feet) (square feet)
or Temporary required?
8uffer Slte 1 Stream S2 ❑ Yes 16,008_81 (T) 2214_42 (Tj
Boardwalk Construction
� P� T UT to Crabtree Creek � No 12219.80 (P) 2,� 38-9 !,P)
Buffer Site 2 Stream Relocation; Stream S2 ❑ Yes 5,514.43 (T) 580.71 (�
� P� T Boardwalk Construction UT to Crabtree Creek � No 3,187.66 (P) 119.49 (P)
Buffer Site 3 Boardwalk/Greenway Siream S1 ❑ Yes 2,987.03 (� 1,247A0 (T)
� P� T Construction UT to Crabtree Creek � No 67.34 (P) ?_ i Z2 i�P�
6h. Total buffer im �acts ?4,510 27 (T) ��1.042.53 (T)
� 15,474.3 (F� 2530.50 (P)
6i. Comments: Impacts to buffers within the project area will primarily result from the construction of the boardwalk and
greenway. Permanent impacts will result from the clearing of forested buffers, the conversion to paved greenway trail, and the
stream relocation associated with this project. Temporary impacts will result from the boardwalk construction and temporary
construction access areas. Buffer linpact Site 4 was rolled into Sites t. 2, and 3 for the purposes of this permit modifcation.
Changes ?o temporary and pennanent buffer impacts will result from ihe addition of rip rap to stabilize strzamside areas and
from the adjustments made to lhe clearing limits. Temporary buffer zone 1 impacts decreased from the pennitted totals by
1,381.75 square feet. Permanent buffer zone 1 impacts increased from ihe permitted totals by 3,106.07 square feet.
Temporary buffer zone 2 impacts increased from the permitted totals by 350.0 square feet. Permanent buffer zone 2 impacts
decreased from the permitted totals by 1,734.62 square feet. All temporary construction areas will adhere to the same
conditions previcusly permitied.
D. Impact Justification and Mitigation
1. Avoidance and Minimization
ia. Specifcally describe measures taken to avoid or minimize the proposed impacts in designing project.
Impacts to streams, wetlands, and buffers in the project corridor have been avoided and minimized to the extent practical.
Impacts to streams and weflands were avoided throughout most of the corridor by implementing a boardwalk trail design. The
implementation of the boardwatk design will allow slreams and wetlands to remain continous. Additionally, the proposed
boardwalk height of 3' will prevent shading impacts. The stream relocation of S2 also avoids additional impact to the area by
avoiding impounding water or limiting baseflow by the installation of boardwalk piles within the narrow stream channel. Buffer
impacts were reduced through design by tightening the limits of disturbance to the greatest extent practical.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Impacts to streams, wetlands, and buffers within the corndor will be minimized to the extent practical throughout the
construction process by avoiding these features wherever possible. Where feasible, staging and construction access routes
will be located in upland areas. Temporary stream and wetland crossings will be protected with mud mats, wood bridgemats.
or pipes and riprap, and will be restored to pre-construction conditions upon completion of the project. Impacted and cleared
wetlands and buffers will be replanted and/or reseeded to the restore vegetation after construction. Additionally, tree protection
fencing, silt fencing, and other standard Best Management Practices (BMPs) and measures will be used throughout the
construction process to minimize impacts to downstream receiving waters and minimize runoff from the construction sites.
Page 7 of 13
PCN Form — Version 1.3 December 10, 2008 Version
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts ❑ Yes � No
to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps
❑ Mitigation bank
2c. If yes, which mitigation option will be used for this project? ❑ Payment to in-lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank: n/a
3b. Credits Purchased (attach receipt and letter) Type n/a Quantity n/a
3c. Comments: Mitigation is not required for this project due to the self-mitigating nature of the stream relocation of S2 and the
small amount of permanent impacts elsewhere in the corridor.
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ❑ Yes
4b. Stream mitigation requested: n/a linear feet
4c. If using stream mitigation, stream temperature: ❑ warm ❑ cool ❑cold
4d. Buffer mitigation requested (DWQ only): n/a square feet
4e. Riparian wetland mitigation requested: n/a acres
4f. Non-riparian wetland mitigation requested: n/a acres
4g. Coastal (tidal) wetland mitigation requested: n/a acres
4h. Comments: n/a
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
n/a
Page 8 of 13
PCN Form — Version 1.3 December 10, 2008 Version
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that ❑ Yes � No
requires buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
6c. 6d. 6e.
Zone Reason for impact Total impact Multiplier ,, Required mitigation
(square feet) (square feet)
Zone 1 3 (2 for
Catawba)
Zone 2 1,.5
6f. Total buffer mitigation required: 0
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund):
n/a
6h. Comments: Greenway/hiking trails are listed as "Allowable" under the Neuse River Riparian Buffer Rule: Table of Uses.
Page 9 of 13
PCN Form — Version 1.3 December 10, 2008 Version
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian bufFers identified � Yes ❑ No
within one of the NC Riparian Buffer Protection Rules?
1b. If yes, then is a diffuse flow plan included? If no, explain why.
Comments: n/a , � Yes ❑ No
2. Stormwater Mana ement Plan
2a. What is the overall percent imperviou.sness of this project? 18.5 %
2b. Does this projeet require a Stormwater Management Plan? ❑ Yes � No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: This project will not increase or collect
stormwater. Any stormwater concentrated by the greenway will be treated through the use of vegetated swales before
discharging through the buffers.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
n/a
� Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program
❑ DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local govemmenYs jurisdiction is this project? The Town of Cary
� Phase II
3b. Which of the following locally-implemented stormwater management programs ❑ NSW
apply (check all that apply):
❑ USMP
❑ Water Supply Watershed
❑ Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes � No
attached?
4. DWQ Stormwater Pro ram Review
❑ Coastal counties
❑ HQW
4a. Which of the following state-implemented stormwater management prograrns apply � ORW
. (check all that apply): ❑ Session Law 2006-246
❑ Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? ❑ Yes ❑ No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No
5b. Have all of th`e 401 Unit submittal requirements been met? ❑ Yes ❑ No
Page 10 of 13
PCN Form — Version 1.3 December 10, 2008 Version
F. Supplementary Information
4. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the � Yes ❑ No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State � Yes ❑ No
(North Carolina) Environmental Policjr Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.) � Yes ❑ No
Comments: A Programmatic Categorical Exclusion was approved for the project on
February 24, 2017 and documentation is attached.
2. Violations (DWQ Requi'rement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes � No
or Riparian BufferRules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ❑ Yes � No
2c. If you answered "yes" to one or both of the above questions; provide an explanation of the violation(s): n/a
3. � Cumulative Impacts (DWQ Requirement) "
3a. Will this project (based on past and reasonably anticipated future impacts) result in � Yes � No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description. '
The proposed project will not result in additional develo,pment. The greenway and sidewalk facilities proposed will serve
existing communities and connect existing public locations:
4. Sewage Disposal (DWQ Requirement)
4a. Glearly 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.
No wastewater will be generated from the poposed project.
Page 11 of 13 �
PCN Form — Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or � Yes ❑ No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act � Yes ❑ No
impacts?
•�"' � Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
❑ Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
The USFWS lists four federally protected species for this area: northern long-eared bat, Michaux's sumac, red-cockaded
woodpecker, and dwartwedgemussel. The North Carolina Natural Heritage Program (NCNHP) element occurrence
database records (updated January 2017) did not identify any federally listed species occurrences within the study area
or within 1-mile of the project limits. Based on NCNHP records and the pedestrian survey conducted, the proposed
project will have "no effect" on Michaux's sumac, red-cockaded woodpecker, and dwarf wedgemussel.
The USFWS has developed a programmatic biological o,pinion (PBO) in conjunction with the Federal Highway
Administration (FHWA), the US Army Corps of Engineers (USACE), and NCDOT for the northern long-eared bat (NLEB)
(Myotis septentrionalis) in eastern North Carolina. The PBO covers the entire NCDOT program in Divisions 1-8, including
all NCDOT projects and activities. The programmatic determination for NLEB for the NCDOT program is May Affect,
Likely to Adversely AfFect. The PBO provides incidental take coverage for NLEB and will ensure compliance with Section
7 of the Endangered Species Act for five years for all NCDOT projects with a federal nexus in Divisions 1-8, which
includes Wake County, where C-56041B is located. This level of incidental take is authorized from the effective date of a
final listing determination through Aptil 30, 2020.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes � No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
The NOAA Essential Fish Habitat Mapper was reviewed on April 24, 2017. No essential fish habitat was found within the
project area or within the vicinity of the project.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation � Yes � No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
The State Historic Preservation Office HPOWEB GIS Service was reviewed on April 24, 2017 and no historic or
archaelogical resources were found to occur within 1.0 mile of the project area.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ❑ Yes � No
Sb. If yes, explain how project meets FEMA requirements: n/a
8c. What source(s) did you use to make the floodplain determination? The FEMA Digital Flood Insurance Rate Map (DFIRM)
Panel 3720074300J (effective May 2, 2006) indicates there are no 100-year floodplains or FEMA regulatred floodways
within the study corridor.
Page 12 of 13
PCN Form — Version 1.3' December 10, 2008 Version
�,
William Sulli���n �� �
!/I /, I , C,�M�✓ 1 /26/2018
Applicant/Agent's Printed Name � �J
� Date
ApplicanUAgenYs Signature
(AgenYs signature is valid only if an authorization letter from the applicant
Page 13 of 13
PCN Form — Versfon 1.3 December 10, 2008 Version
Environmentn!
Quality
RUY C(X)PER
r,..,. �,.�„
MICHAEL S. REGAN
,. �. „�;.�, i
ti. JAY 71MMF.RMAN
,,.,.. �.,,
Ma�• IS?017
Wake Countv
NCDWR Pioject ho.2017D�07
White Oak Creek Greenwav
TIP No. C-5604 IR
APPROVAL of J01 WATER Q(tALITY CERTIFICATION and NEUSE BUFFER AUTHORIZ4TION,
with ADDITIONAl. COIVDITIONS
Ms. Amv Mackin[osh. PLA
Town of Cary
316 Nor�h Academy Sveet
Ca�y, NC 27513
Dear Ms. Mackintosh:
You have our approval, in accordance with [he conditions lisied below, for the following impac[s for [he purpose of
censtructing a Greenwa}• in Wake Counq�:
Stnram im act in Ihe tiei
Sile Relocation of Intermitteni Temporary inipact tu
Stream (linear fl)___ Intermittent Stream iinear
_ _-�---
� — ------- Q -- — ---- 30
-3 — -------- 17_S --- ---- �� -----
4 0 29
TMaI I 173
Tolal Stream Im,
Site Permanent Fill
I 0.01?7
2 0
5 0
6 0.01'I
'fotal I 0.0298
59
O.OQ32
0.0902
0
Temporary Impac[ fo
Perennial Stream (linear
---- � ---
0
0
Basin
0.0274
P.6075
40
0.0986 Q.12gt
--L-------------
Tolal Wetlnnd ImpaM fnr Proje.L• U2�i35 acres.
F:tit nf �pnh i ernbn& I'nvVonmenhl f)p�4N
Iol7 Mad Sei rme Cenrer � Itaingh, iJunh i:aroiire 27u�J-IhU
Totai Sti�cam
pact _ (linear ft)
30 __
173
?q
-- 40 --�
272
U.117ti
0.0075
0.1125
_ OZ535
Site
1
2+
3
4
�Totais
Neuse Ri arian Buffer Im acts
Permanent �one 1 Temporary Zone i Permanent Zone 2 Impact
Im act �s f�l impact (s ft s ft
3620 2708 1178
3188 5514 120
5444 15694 � 2696
67 1976 272
_ 12369 2585Z 4266 _
1bt2! Bufffer Impact fnr �'rojest: 46220 s�uare fee+
Temporary Zone L Impacc
(s� ff) '
0
581
1873
1239
3093
'The preject shall ba constnicted in accordance wit;r yaur zpplicatioa received A.pri124,201?. :18er r�view�ng your
application, -ve bave decided that these impacts a:e �e��ered by General Water Quality Certification N�imber 4G88.
This certification corresponds to the Nationwide f'ermit 14 issued by the Corps of Engineers. This approval is also
valid for the Neuse Riparian Buffer Rules (15A NCAC� 2B.0233). In addition, you should acquire any other federal,
stlte or local permits before you proceed with your nraject including (but not limited to) Seciiment and Erosion
Conh-ol, Non-Discharge and Water Suppiy Watershed regulatioins. This approval will expire with the acconipanying
4�4 permit.
T'�is approval is valid solely f�r the purpose and design described in ,your application (unless modified below).
Should your project change, you must notify the NCDWEc and submit a new application. If the properiy is sold, the
'new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying
with all the conditions. If total wetland fills for this project (now or in the future) exceed one acra, or of total
impacts to streams {now or in the future) exceed 1501inear feet, compensatory mitigation may be required as
described in 15A NCAC 2H .0506 (h) (6) and (7)_ Additional buffer impacts may require compensatory mitigation
as describe� in :5A NCAC 2B.0233. For this approvaI to remain valid, you must adhere to the conditi�ns listed in
I;ne attachzd certificatior,s and any additional conditioo.s listcd below.
�a;►�iticns of Ce�tifit.ai�oa:
1. Channel relocations shall be .built as describ�d in your anplication. Claannels shall be completed and fiilly __
stabilized, prior to diverting wate: into the new stream. Stream banics shall be marted with cair-fiber _
mattinb. Vegetation used for bank stabilization sha11 be ?imited to n�tiv� ripazian veget3tion, and should inclLd�
establishment of a vegetated buffer on both sides of the relocated channel to the maximum er,tent practical. Also, rip-
rap may be allowed if it is nececsary to mairtain the physical integriry of the stream, but the applicant must be able to
provide v�ritten jusrification and an.y calculations used to determine the extent ot.'rip-rap coverage reQuested. Once the
sheam has.been �w'ned into the uew channel, it riay be necessary to relocate stranded fish tc the new charnel to
prevent fish kills. [15A NCAC 02H .0506(b)(3)]
2. For all areas pertnitted as Temporary riparian huff r impacts, the areas shall be see�ed, stabilized and revegetated
uoon completion.of the project. Native riparian vegetation (trees and shrubs native to your geo�aphic region) must be
reestablishad in tiie riparian areas by the end of the growing season folloK ing completion of consmsction. [15A
N�AC 2B.0233] - - -- �
3. Upon completien ef the projec� tl�e_pertnitt�e shall s:,hedulP a si.te visit with a D�p'✓R representative to cnnfinn both
the stability of the channel relocation as well as revegetation of the Temporary Riparian Buffer impacts.
4. Pursuani to 15A NCAC 2B.t�233(6), sed'ur�ent azin erosion control devices shali not be placed in Zone 1 of any
Neuse Suifer lvit'naut pi•ior appcoval by the NCDt�'R. Ef.L �.nis tiir�e, the NCilWR has �pproved no sediu��nt and
erosion control devices in Zone 1, outside o£the approve3 project im�acts, anywhere on tnis project. Nloreover, _ _ _
seditner.t ;m.d erosion cant+•ol d�vices sha[( be aL1a�*�ec! �n L�ne 2. n� the ��sffe:s previ�ed that 7one 1 is nat
compromised and tnat discharge is released as diffuse flow_ • .
5. .�11 stomiwater r.mef; sball he directed as she.P•_flaw throsgh s�eam oui�ers at non-erasive •�elocities, unless
a�iie��ise appsavcl hy this ce�tification. �15,4 NCAC 23.0233.�
6. All riparian buffers impacted by the placement of temporary fiIl or clearing activities shall be restored to the
preconstruction cantours and revegetaYed. tiiaintanied buffers shall be permanently revegetated witfi non-woody
spec�es by the end of the gowing season following complz:tion of constniction. For the purQose of this condition,
maintained buffer azeas are deiined as areas within the corridor that wiIl�be subject to regular cor:idor maintenance
zctivities including mowing. The azea with non-maintained buffers sha11 be permanently revegetated with native �
woody species befare the next growing season following completion of construction. [15A NCAC 2B.0233]
7. If co�icrete is us..1 during cor.�tructioi�, a dry work area s1�all bz mair.tained ta gr�ver.t direc± c�ntact behsee�i " '
curing conerete and sirezm wate:. t�laier that inadverientiy cont��ts uncured �oncr�te s�all not oe discha�geci to -
si�rface waters due t� tha potertial for eleiated pH znd possibie aquaiic life and fish ici:ls. f i5A 1`r�A� 028.0200] -----
8. During the construcYion of the projeci, no siaging of equipment of a<ny i:ind is permitted in waters oi the U.S., or
protected riparian buffers. [15A N�'AC 02H.0506(b;(2)] �
9. The dimension, pattern.and profile oi tne sfream above and below any crossiugs shall not be modiiied. Disturbed
#loodplains and s'rreams sbaIi be resiored to naiuraf geomorphic conditions. [i5A NCAC 02H.U50G(b)(2}�
10.. The use of rip-rap above the Norma? High Water Mark shall be minimized. Any rip-rap placed for stream
stabilization sball be placed in siream channels in such a manner that ii does not impede aquatic 3ife pzssaaP. [I SP. _
NCAC 02'rI.0506(b)(2)] "
__ l]. The �er.mittee shai_1 ensure that the firiai design drawings adhere to the permit and to the nermit cLrawin�s
submitted for approvaL [15A NCAC 02H .050', (c) and 15A NCAC O�I� .OSOS (b)(2) and (c)�2)]
�12. All work in or adjacent to stream waters shall be conducted in a dry wurk area. Approved BMP measures from
the most current version of NCDOT Construction and Maintenance Acrivities manual such as sandbags, rock Berms,
cofferdams and other diversion structures shall be used to prevent excavation in flowing water. [15A NCAC
02H.0506(b)(3) and (c)(3)] ,
13. Heavy equipment shall be operated &�m the banks rather than in the siream cnannel in order to minimize
sedimentation and reduce the introduction of other poll��tants into the str�eam. [15A NCAC 02H.05Q6(bl(3)]
14. All mechanized equi.prient. aperated near s�u-face waters must b� regularly inapected an� maintained to prevent
contamin«iic3n �f stream waters .no;� fuei.s, Iubricants, hydraalic fla;.ds, or other t�xic maier.'ais. [15A �iC�1C
G2Iz.O5G6(b)(3)] .
15. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certiiication. i15A �ICAC 02H.USOE(b�(3)�
lb. Discharging hydruseed mi�t�u•es and �vasliin.g a�rt hS-drosez�iers and ether �qn:pm�n� ;n or adjacei.t to surf .c� waters
is prohibite3. j15A NC�� 02H.�506(bj(3 j]
] 7. The perinittee and. its authorized .agents shall conduct its activities in a manner consistent with State water quality
_ srt.andards (including any reqiurements resulting from compliance with §303(d) of the Clean Water Act) and any other
2gprepriate requit•ements of Stata �ad Federal law: IFtr�e NCD4VFc detennines that such standaxds or izws are liot being
met (including the failure to �t:st2:n a 3esignated or achieved use) or ti�at State or federal Iaw is bei*:g violated, or +1�at
further conditinns zre necessarj� to assi�re cempli3nee, the NCDVi�Jt may reevaluate and r�adify this certifica±ion. [? SA
NCAC� 02B.0200]
�3. A copy ;,f tYis Water Qualit�,� Certi ication shall be maintai�ed on the canstruction site at aIl times. In addition, the
�'�Ta±er Quality Certificztion and a!1 su�seq:�ent me�ificarions, if any, shall be main_taine� ���ith ths on-site proje�t
manager. [ISA NCA_C 02.H .OS07(a) a�.d 1SA NCAr 02H .0506 (l�)(2) anci (c)(2)]
19. T�e outsid� buffer, �v:,tIund or t��ater baun�ary locuted vritliin the construcri�n carridor approve� by this
aut��:iza�ion, �nclu�ling all non-co?r��rcia! b�t�rot�� and �vaste sites associat�d z�ith thz project, shali be clearly �tasked
by highly visible fencing prior to any land distlirbing activities. Impacts to �areas within the fencing are prohibited unless
otherwise authorized by this certification. [] SA NCAC 02H.0501 and .0502]
20. �i ne issuar•ce �f this ce��ifcati�n daes �ot exei�pt the Pzrr;�i�tee iicm c�.riplying rritL any and all stazttes, �i?e:s,
regulatioas, or or +c.in�ncps that ma� be i�npos�d b� nther gove:.t�ent agencies (i.�. !oral, state, and federa{ j hav�ng
jurisdiction, including but not Iimited to applicable buffer rules, stormwater management rules, soil erosion and
sedimentaiion con�ol requiremenis, etc.
21.1fie Permittee shail�re�ort any violations of this certification to the Division of Water t�esources within 24 hours of
discovery. [15A NCAC 02B.0506(b)(2)]
22. Upon completion of the project (incIuding any impacts at associated borrow or waste sites), the permittee shall
coniplete and reti�!-a ±ne �r_cic�sed "Cer�ifc�tion of Complet;on Fot-m" t� notify the �aCDWR ��vfien ai'_ Ncrv u;cl!�eed in
:he �O1 Certification has been c�mgIeted. [i5A NCA�� �JZH.0502(i�]
23. "I'her.e shall be n.o excavatiov irom, or wast: �sposal into, jurisdiciional wetlands or waters associated �vitn t1:is
permit withaut appropriate modification. Should waste or bonow sites, or access roads to waste or borrow sites, be
located .in wetlands or streams, compensatory �itigation �Ni!1 be reqnired since that is a d�rect impact from road
construction activiries. �15A NCAC 02�?.OS06(b)(3) a.�7d (c)(3)
- 24. Erosion ar�d se�irnent eonf ol practi�es must be in fuli cor�lp li�zce with al1 specif catians goveming tne proper design,
installatio� aa� o�eration and m�intenancti of s��c� Best Managenzent Practices i.n order te protect s��faca •Naters
standards [? 5A NGAC 02H.OS06(b)(3) and (c)(3):
�a. - Tlae er�sion snd sedinent caatroJ measrj•es for t}-�e pi•oject musE be desi�ned, instaLled, operated, aa�
_maintained in accordance with Yhe most recent version of the North Carolina Sediment and Ero.sion
Control Plo.n.ning anci Design �Yfanr�cr_1.
� h. � Thz 3es:gn, iasta�larioa,• operaricn, and maint�nance of the aed'.ment and arosion contral measures must
-._. be such that�they equal, or exceed, the requirements specified in the most recent version of the North
� Carolina Sedim�nt and Erosion Control Manual. T'he device� shall be main+.ain�d on all canstruction
sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits
associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated,
and maintained in accordance with the most recent version of the North Carolina Surface Mining
Manucrl.
•d.. .Tt�e reclaznarion. measu'res and �tnplementa?ion must comply with the reclamation in accordance w�th the
re�air��ents of the Sedimantation P�llvann Con�ro?. Act.
• 25. Sediment aa1 erosi�n control neasures srali not be placed in wetlands or waters uuless oiherwise app�oved by this '
Certifrcation. [15A 1�TCAC 02�I.0506(b)(3) and (c)(3;
If you wish to�contast any statement in t�e attached C�rtificat�on yau must file a petitia� fer'an administrative
hearing. You may obtair� the petitioii forul�fi•om the ��ce of Admia�strative hea�•ings. You must file the petitiou
with the office of.Administrati�e Hearings within sixty (60) days of receipt of this notice. A petition is considered
filed when. it is received in the office of �4dministrative Hearings during normal office hours. The Office of
Administr�ive Hearings accepts fiiings Ibionclay tnr��■sgh Friday between t'r_e haurs of 8:OOam and S:OOpm, excepi
for official state hol�days. 'The eriginal and one (1) copy ef tse petition must be f 1ed with the Offiee of
Administr2tiue H�zrings.
•The petition may be faxed-p; ovided the original and one copy of tne document is received by the Office of
- Ad;.iinish�ative :ieazings within five (S) business days following ih� iaxed transmissioz.
The maiIing address fer the Office of Ac�.minis±r�±ive Hearings is:
Qffic,, of �dm.inistrati �e l Iearings
6?14 Mai] Service Cer.ter
Raleigi^.,.�ti�� , 276;9-5?i4
Telephone: (919) 431-3000, Facsimile: (919) 431-3100
A copy of the petirion must slso be served on DF.Q as followr.
Mr. Bill F. Lane, Generel Counsel
DepartmeM of Environmentel Quality
1601 Mail Service Center
77�is letter comFletes t6e review of the Division of Water Resources under Section 401 oCthe Cleen Water Act. lf you
have any questions, please contact Rob Ridings at 919-707-8786.
Sincerely,
�. ���.
S. Jay Zimmerm _.
Division of Wa[er .sources
Electronic copy only distribuHon:
Tasha Alexander, US Artny Corps of Engineers, Raleigh Field (NTce
Jacon Harttihom, Kimley-Hom
File Copy
Envir'onmentul
Qua(i[y
+fCDWP. Project No.:
Applicant
Project Nnme:
Date of lssuance of 401 Water Quality Cc!Yifica[ion:
County:
K( )Y COOPF.R
MICIIAI:1. ti. RFGAN
S. JAY ZIMM11F,RMAN
Cerlificafe of Comple[ion
Upon complztinn of all work approvzd within the 401 W'nter Ouality Certification or applicabir B��ffer Rulcs, and
sny sub;equent modificatior,s, d�e applica�t is required to retum thi; certificata co thz 401 Transportation Pemiittine
Unit, Nunh Carulina Division of Wacer Resources. 1617 Mail Service Center. Raleigh, NC, 27699-1617. This fortn
may be returneJ to NCDW'R by the applic�vit, die applican�'s authorized aernt. or Ihe urojeU engineer. It is not
necessary to send certiticares from a!I of these.
ApplicanPs Certification
I, , hereby s[ate that, to the best of my abilities, due care and diligence
was used in the observation of the construc[ion such that the constrvction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certitication and Buffer Rules, the approved plans and
specificalion�, nnJ olher suppurting materinls.
Sicr.atu�e' Dare:
.4g�n!'s Crrlif•cation
I, , hereby state tha[, to the ; est of my abilitizs, due care and diligence
was used in the observation of the construction such that the consWc[ion was observed to be buiit within subs[antial
compliance and 'u�teu! of the 4C I Viater Quality CeRificuliun anJ BufF'er Rules, the approred plar.s m�d
speciticatinns, and rnher supportine materials.
Signaturz:
F.ngineerk Cei/iJ7ea�inn
Pa�tial Pinal
l, , as a duly rc�istered Prof ssiunal Engineer in Ihe St:ue of nbrth
Carolina, having been authorized to observe (periudically�, wcekly, full �imr) the construc�ion of the preject ;or [hr
Pzrmirtee hereby state that, to the best of my abili[ies, due care and diligence was used in the observation of the
constivcii�m sueh tbat the croisvnctioa was observed lo i�z built within substantial complience and inteni of tne 401
1�'ater Quality Certification anu l3utier Rules, the approved plans and ;pecitications, and o;her supporting materia!s.
Signatore
Uate
2teistra[ion Vu.
S:ztr el Venh Carnhna i Em•renmenal P�.izln�
i 617 Ma;l Scrvice Cenier � Raleipit \oi9i Curvima ? io N-I o I i
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2014-00303 County: Wake U.S.G.S. Quad: NC-CARY
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VEI2IFICATION
Pernuttee: Town of Cary
Amv Mackintosh
Address: 316 North Academv Street
Carv, NC, 27512
Telephone Number: 919.460.4973
Size (acres) 4 Nearest Town C�
Nearest Waterway UT Crabtree Creek River Basin Neuse
USGS HUC 03020201 Coordinates Latitude: 35.775; Longitude: -78.844
Location description: Greenwav corridor between MacArthur Drive and Davis Drive, west of Carv, NC.
Description of projects area and activity: TIP No. C-5604IB• White Oak Greenwav, MacArthur Section, impacting 0.15 acre of
wetlands and 271 linear feet of stream.
Applicable Law: � Section 404 (Clean Water Act, 33 USC 1344)
❑ Sections 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Nationwide Permit Number: NWP 14 Linear Transportation Proiects (multiple).
SEE ATTACHED NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted application and attached information dated 04/24/2017. Any violation of the attached conditions
or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I
administrative penalty, and/or appropriate legal action.
SPECIAL CONDITION
This USACE permit does not authorize you to take a threatened or endangered species, in particular, the Northern d�ong-eared
Bat (NLEB) (Myotis septentrionalis). In order to legally take a listed species, you must have separate authorization under the
Endangered Species Act (ESA) (e.g., a Biological Opinion (BO) under the ESA, Section 7, with "incidental take" provisions with
which you must comply). The U.S. Fish and Wildlife Services' (USFWS') Programmatic BO titled "Northern Long-eared Bat
(NLEB) Programmatic Biological Opinion for North Carolina Department of Transportation (NCDOT) Activities in Eastern
North Carolina (Divisions 1-8), dated March 25, 2015, and adopted on May 4, 2015, contains mandatory terms and conditions
to implement the reasonable and prudent measures that are associated with "incidental take", that are specified in the BO. Your
authorization under this USACE permit is conditioned upon your compliance with all the mandatory terms and conditions
(incorporated by reference into this permit) associated with incidental take of the BO. Failure to comply with the terms and
conditions associated with incidental take of the BO, where a take of the listed species occurs, would constitute an unauthorized
take, and would also constitute non-compliance with your USACE permit. The USFWS is the appropriate authority to determine
compliance with the terms and conditions of its BO and with the ESA.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended
or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this
verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified
nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would
no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction)
or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed
within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has
been exercised on a case-by-case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State
or local approvals/permits.
SAW-2014-00303
Determination of Jurisdiction: The jurisdictional areas within the above described project area have been identified under a
previous aMion. Please reference jurisdiMional determination issued 8/1/2014; AMion ID: SAW-2014-00303.
Expiration Date of JD: 8/1/2019
If there are any questions regarding this verification, any of the wnditions of the Permit, or the Corps of Engineers regulatory program,
please contact Eric Alsmever at (9191554-4884 X 23 or Eric.C.Alsmever(a�usace.armv.mil.
Corps Regulatory Official:
MATTHEWS.MONTE.K.128 DNIrIUSIo=USbGover me tSouODoD,ou-pK67633
4867633 ou=USA, rn=MATTHEWS.MONTE:K1284667633
Date: 2017.06.05 08:09:44 -04'00'
Date: Juoe 5. 2017 Expiration Date of Verification: 03/18/2022
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
htto://corpsmapu.usace.armv.miUcm apeac/f?p=136:4:0.
Copy furnished (by e-mail): Agent: Kimlev-Hom
Jason Hartshorn
Address:3001 Weston Parkwav
Carv. NC. 27513
Telephone Number: 919.677.2000
Action ID Number: SAW-2014-00303 County: Wake
Permittee: Town of Cary
Amv Mackintosh
Project Name: Town of Carv White Oak Creek Greenwav TIP C-5604IB WBS 43714.3.5
Date Verification Issued: June 5, 2017
�
Project Manager: Eric Alsmever
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Eric Alsmeyer
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions. ,
Signature of Permittee Date