20090162 Ver 1_401 Application_20090209

9 0 2
City Of 6Raleish
.North (3arohna
DATE: 2-16-09
TO: Whom it May Concern
FROM: Kelvin Morgan
Greenway Supervisor (City of Raleigh)
SUBJECT: Riparian Buffer Authorization
Attached is PCN Form for a Riparian Buffer Authorization for an unnamed tributary to Mine
Creek. This is requested only for a Buffer Rule Approval for a stream bank stabilization project.
Your consideration and approval of this project would be greatly appreciated.
Thanks
Kelvin Morgan
?`'' e^ 1 t t Y t r '? Fyg',.
b`AAA` l "...?
?, -T1Ati?? ?,ND g i OF?PAv1'AT?R
From: Shern, James F SAW [[e-mail]. mi1]
Sent: Thursday, January 15, 2009 3:20 PM
To: Morgan, Kelvin
Cc: [e-mail]; Amschler, Crystal C SAW
Subject: RE: 6201 Lakerun Ct. Stream Bank Stabilization Project
It sounds like you got some good input. You are below the threshold for having to fill out the application. Good
luck with the project.
Jamie Shern
US Army Corps of Engineers
From: Morgan, Kelvin [mailto: Kelvin. [e-mail]]
Sent: Thursday, January 15, 2009 1:33 PM
To: Shern, James F SAW
Cc: '[e-mail]'
Subject: RE: 6201 Lakerun Ct. Stream Bank Stabilization Project
Jamie, I met with Eric Kulz from NCDWQ on site on Monday and we determined that we needed to stabilize about
50 linear feet of the stream bank with a variance in the height of the stream bank from 3 to 6 feet. I'm confident in
saying there will be less than 300 Square Feet in the affected area. Our discussion included the use of
geotechnical fabric, existing boulders and the possibility of driving Black Willow stakes in the stream bank to help
stabilize. As I understand your email I will not need to fill out the application for the 404 or 401 permit as our repair
will be less than 500 linear feet, correct. Thanks for your assistance!
Kelvin Morgan
,7"viua /Yla?c?acra
(?reenr?;iv tinlier??iscn•
Cit, cal' (i(ilei? ll P'll-l:s oild liec•re,iticni Del m-filu'nt
iii D d v I Pad
R,iloi;gh, North Caroliim '?1604
011) c•e:919-8i?- 41 15
I"iIX: 919-8";" -.11:
l :ni?ci l: I<c?l ? i n. it urn?ui(n)c•i. r,tlt?i?;l. nt•, iii
Wehsile: III tl? %/1?;_irla.nI eighilr..1(5()N*
From: Shern, James F SAW [mailto:[e-mail]]
Sent: Thursday, January 15, 2009 1:00 PM
To: Morgan, Kelvin
Cc: Schindler, Wayne; Lebsock, Victor
Subject: RE: 6201 Lakerun Ct. Stream Bank Stabilization Project
Here is the blanket permit that covers this type of work. Please review to confirm that it describes what you are
proposing. The attached permit application will need to be filled out if you will be stabilizing more than 500 linear
feet.
Jamie Shern
US Army Corps of Engineers
From: Morgan, Kelvin [mailto:Kelvin. Morgan @ci.raleigh.nc.us]
Sent: Friday, January 09, 2009 1:39 PM
To: Shern, James F SAW
Cc: Schindler, Wayne; Lebsock, Victor
Subject: 6201 Lakerun Ct. Stream Bank Stabilization Project
Jamie, attached are some pictures that I hope provides a visual tool to help explain what we need to do and why.
file://C:\Documents and Settings\morgank.CORALEIGH\My Documents\DWQ Permits &... 2/12/2009
The goal of this project is to stabilize this section of stream bank and help:
1- To keep sediment out of Shelley Lake
2- To protect the trail along this section of stream
3- To protect the sanitary sewer line
All of this area in question is on City of Raleigh property and should require only a backhoe to do the work. The
equipment would be brought in from Shelley Lake Greenway Trail along the sanitary sewer easement. It is our
intent to make this repair now before it becomes a major problem, your consideration of this request would be
greatly appreciated. Should you need any more information or clarifications of the information please feel free to
contact me. Thanks
Kelvin Morgan
.7&tdn JYlcuW"
Greenw,1v Sllpo wi.;or
City of, lialvioll Porks mid Hocre,1110?11 Oolr,il-fill ant
-0?'3 ? D d N, 1 iom]
Raleigh, North (' irolina '760-1Fitts: 919-84131,
15
l"Almil: kolyJn.111org,I1L(qci.1"Ileigh.11c.II'
Wobsik': hltli "lrtrh5.r?il??i ltn??. ??w
file://C:\Documents and Settings\morgank.CORALEIGH\My Documents\DWQ Permits &... 2/12/2009
L=1 s g
???FV4V4.'A pG e,?? i r? ZU?
a eTlp,DR AND 5 . MMMOWMa
i j o -c D..I`dR' TC???na"i\T?.ECBF??r
- 0 a 6 2
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Pre-Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the Corps: ? Section 404 Permit ? Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: NA or General Permit (GP) number:
1 c. Has the NWP or GP number been verified by the Corps? XYes ? No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
? 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ?X Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required? For the record only for DWQ
401 Certification:
? Yes ?X No For the record only for Corps Permit:

? Yes ER No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in-lieu fee program.
? Yes ? No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ? Yes Q No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes Q No
2. Project Information
2a. Name of project: City of Raleigh Parks and Recreation Department
2b. County: Wake
2c. Nearest municipality / town: Raleigh
2d. Subdivision name: Lake Park Phase 2
2e. NCDOT only, T.I.P. or state project no: NA
3. Owner Information
3a. Name(s) on Recorded Deed: City of Raleigh
3b. Deed Book and Page No. NA
3c. Responsible Party (for LLC if
applicable):
3d. Street address: PO Box 590
3e. City, state, zip: Raleigh, NC 27602
3f. Telephone no.: 919-996-4115
3g. Fax no.: 919-872-4137
3h. Email address: [e-mail]
Page 1 of 10
PCN Form - Version 1.4 January 2009
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent ?X Other, specify: City Of Raleigh Parks and Recreation Dept.
4b. Name: Kelvin Morgan ( Greenway Supervisor)
4c. Business name
(if applicable): City Of Raleigh Parks and Recreation Department
4d. Street address: 4225
4e. City, state, zip: Daly Road Raleigh,NC 27604
4f. Telephone no.: 919-996-4115
4g. Fax no.: 919-872-4137
4h. Email address: [e-mail]
5. Agent/Consultant Information (if applicable)
5a. Name: NA
5b. Business name
(if applicable):
5c. Street address:
5d. City, state, zip:
5e. Telephone no.:
5f. Fax no.:
5g. Email address:
Page 2 of 10
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): 0796985616
1 b. Site coordinates (in decimal degrees): Latitude: 35.862869 Longitude: -78.664641
1 c. Property size: 7.32 acres
2. Surface Waters
2a. Name of nearest body of water to proposed project: Shelley Lake
2b. Water Quality Classification of nearest receiving water: 303(d) - S
2c. River basin: Neuse River
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:
This property is part of the City of Raleigh Greenway System, having a natural trail on it that runs from Rushingbrook Drive to Shelley Lake Greenway.
Also beside the site to be repaired there is a City of Raleigh sanitary sewer line. This area is very rocky except for the section of stream bank that is
eroding, due to a couple of boulders in the middle of the channel diverting flows to this side of the channel and the fact that it is in a bend.
3b. List the total estimated acreage of all existing wetlands on the property: 0
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
3d. Explain the purpose of the proposed project:
To protect the stream bank from eroding, to keep sediment out of Shelley Lake, to protect the trail & to protect the integrity of the sanitary sewer line.
3e. Describe the overall project in detail, including the type of equipment to be used:
Place fabric on the bank, move the boulders in channel & place boulders that are on site around trees. The only equipment needed is a backhoe.
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? >X Yes ? No ? Unknown

Comments:
4b. If the Corps made the jurisdictional determination, what type
of determination was made? ? Preliminary ?X Final
4c. If yes, who delineated the jurisdictional areas?
Name (if known): James Shern F SAW Agency/Consultant Company:
Other: USAGE
4d.
Jan If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
uary 15-2009
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past? ?X Yes ? No ? Unknown
5b. If yes, explain in detail according to "help file" instructions.
I contacted James Shern with USACE and as he stated this project was "below the threshold to require an application" and a permit from them.
6. Future Project Plans
6a. Is this a phased project? ? Yes Q No
6b. If yes, explain.
Page 3 of 10
PCN Form - Version 1.4 January 2009
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
? Wetlands ?X Streams - tributaries ?X 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.
Wetland impact
number
Permanent (P) or
Temporary T 2b.
Type of impact 2c.
Type of wetland 2d.
Forested 2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other) 2f.
Area of
impact
(acres)
W1 Choose one Choose one Yes/No
W2 Choose one Choose one Yes/No
W3 Choose one Choose one Yes/No
W4 Choose one Choose one Yes/No
W5 Choose one Choose one Yes/No
W6 Choose one Choose one Yes/No
2g. Total Wetland Impacts:
2h. Comments:
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.
Stream impact
number
Permanent (P) or
Temporary (T) 3b.
Type of impact 3c.
Stream name 3d.
Perennial (PER) or
intermittent (INT)? 3e.
Type of
jurisdiction 3f.
Average
stream
width
(feet) 3g.
Impact
length
(linear
feet)
S1 P Stabilization unnamed PER DWQ 6 50
S2 Choose one
S3 Choose one
S4 Choose one
S5 Choose one
S6 Choose one
3h. Total stream and tributary impacts 1
3i. Comments:
Page 4 of 10
PCN Form - Version 1.4 January 2009
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 individual) list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Temporary T 4b.
Name of waterbody
(if applicable) 4c.

Type of impact 4d.

Waterbody
type 4e.

Area of impact (acres)
01 Choose one Choose
02 Choose one Choose
03 Choose one Choose
04 Choose one Choose
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a.
Pond ID number 5b.
Proposed use or
purpose of pond 5c.
Wetland Impacts (acres) 5d.
Stream Impacts (feet) 5e.
Upland
(acres)
Flooded Filled Excavated Flooded Filled Excavated
P1 Choose one
P2 Choose one
5f. Total:
5g. Comments:
5h. Is a dam high hazard permit required? ? Yes ? No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer 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 impacts require mitigation, then you MUST fill out Section D of this form.
6a. Project is in which protected basin? p Neuse ? Tar-Pamlico ? Catawba ? Randleman ? Other:
6b.
Buffer Impact
number -
Permanent (P) or
Temporary T 6c.
Reason for impact 6d.
Stream name 6e.
Buffer
mitigation
required? 6f.
Zone 1
impact
(square
feet 6g.
Zone 2
impact
(square
feet
B1 P Stabilization Unnamed tributary to Mine Creek No 300 0
B2 Yes/No
B3 Yes/No
B4 Yes/No
B5 Yes/No
B6 Yes/No
6h. Total Buffer Impacts: 300 0
6i. Comments:
Page 5 of 10
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
This site will be a challenge to access and other than cost is driving reason for using the boulders on site to protect the existing trees and the stream
bank. The other materials needed for this project will be brought in by hand as to not disturb this area anymore than necessary to complete this project.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
The goal of this project is to stabilize the stream bank by placing geo-technical fabric around existing trees, strategically placing the boulders along the
stream bank and driving Black Willow stakes in the stream bank where there is no vegetation growing now. Using on site materials eliminates trips to
this site with heavy equipment therein should limit compaction to existing soils and causing root damage to existing trees.
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 to Waters of the U.S. or Waters of the State? ? Yes ?X No
2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps

2c. If yes, which mitigation option will be used for this

project? ? Mitigation bank

El Payment to in-lieu fee program

? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:

3b. Credits Purchased (attach receipt and letter) Type: Choose one
Type: Choose one
Type: Choose one Quantity:
Quantity:
Quantity:
3c. Comments:
4. Complete if Makin a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ? Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: Choose one
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments:
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.
Page 6 of 10
PCN Form - Version 1.4 January 2009
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 requires
buffer mitigation? Yes ?X No
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.

Zone 6c.
Reason for impact 6d.
Total impact
(square feet)
Multiplier 6e.
Required mitigation
(square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
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).
6h. Comments:
Page 7 of 10
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?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
the
h diffuse flow of this stream will not be impacted other than centering it back in the middle of the
l
? Yes ?X No
a
c .
nne
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? 0%
2b. Does this project require a Stormwater Management Plan? ? Yes ?X No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
As described in the Neuse River buffer rule this an allowable stabilization of this stream bank, not only to protect the integrity of the greenway trail but
also the integrity of the sanitary sewer line. Also according to the USACE this project falls under the Nationwide Permit 13 criteria and does not require
a permit from them.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, na rrative description of the plan:
2e. Who will be responsible for the review of the Stormwater Management Plan?
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?
? Phase II
? NSW
3b. Which of the following locally-implemented stormwater management programs ? USMP
apply (check all that apply): ? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No
attached?
4. DWQ Stormwater Program Review
?Coastal counties
?HQW
4a. Which of the following state-implemented stormwater management programs apply ?ORW
(check all that apply): ?Session Law 2006-246
?Other:
4b. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No
attached?
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No
5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No
Page 8 of 10
PCN Form - Version 1.4 January 2009
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the 0 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 N No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c. 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
? Yes ? NO
letter.) This project does not require NEPA or SEPA approval
Comments:
2. Violations (DWQ Requirement)
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 Z No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ?Yes 0 No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ?Yes 0 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.
4. Sewage Disposal (DWQ Requirement)
4a. 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.
Page 9 of 10
PCN Form - Version 1.4 January 2009
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 ?X No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act X Yes
? ? No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted. ?e,
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
USFW http://www.fws.gov/, I checked their web site and they have no listings for Wake County or the City of Raleigh.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ?X No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
(South Atlantic Fishery Management Council), I was not able to find any evidence of this being part of Essential Fish habitat.
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?
National Registry of Historic Places (NPS.GOV)
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes ?X No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
https://hazards.fema.gov/wps/portal/mapviewer
44 Av& 09
??
Applicant/Agent's Printed Name App icant/Ag nt's Signature Date
(Agent's signature is valid only if an authorization
letter from the applicant is provided.)
Page 10 of 10
4rt4- -?o be- ? #kL,1g
1 ` U.S. DEPARTMENT OF THE INTERIOR
A.r?w1wY U.S.GEOLOGICALSUMEY
SCALE t:u an
r°? w w r N, '?. ?
cunan .RVKIOr?
row rNe ?v u?. rminmru ?msr. r.o.'oa a,ar ?ceruol. caaRAOO am
RALEIGH WEST QUADRANGLE
NORTH CAROGNA-WARE C(L
'l.S111RARE SERIES CMPOGRAMIC)
.owa...sr gyn.
n.,wrrw IynaA,wr..
?? r..rrww
m?
a
m
w RALEIGH WEST, NC ,

...m..,.w.a?.e=.w tNS
rausriw?oaw
a
A
0
P

N

r.
° ,�yL�• �J r ��ilf'��� 's'w'� ti .� �! 4i'�'4TM. {ry ter.
_.'r�r x �t�LFA" •r w ;. � �. �ns a ti � ,�,�� • " a " �!, * �` 91
a � M A• 6. , a."._. a .� .iif .... '� r • ' ��^ fi•� Y�•�,,. 'i,�. �� 'kr
r f: """ '� �,�, y, ` ■ ♦ �� alk .
e
+ •. ti 'fes aFi.
Kv
JW
p, n
,i x
Ek 'AA"
1`
c

Idoi t-0-0-1 Z -441*_ 0 `?00 1 0001, 000 E 000 b 0009
arw