20090136 Ver 1_More Info Received_20090325

13,E
Town of
Forest
North Carolina
March 23, 2009
NCDENR Division of Water Quality
Attn: Cyndi Karoly
401 Oversight Express Review Permitting Unit
1650 Mail Service Center
Raleigh, North Carolina 27604
Subject Property: Dunn Creek Greenway, Wake Forest, NC
UT to Smith Creek [030402, 27-23-(2), C, NSW]
Dear Ms. Karoly:
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On March 18, 2009, the Division of Water Quality (DWQ) returned our application dated
February 11, 2009. I would like to share with you the ways in which the plan submitted for
review exemplifies minimization with only 5,051 ft2 of Zone 1 protected riparian buffer
impacts and only 6,638 ft2 of Zone 2 protected riparian buffer impacts and exemplifies
avoidance with the bulk of the proposed high capacity shared use greenway trail being
located outside of the protected riparian buffers entirely. Wake Forest has a long tradition of
proactively protecting stream buffers, often exceeding the minimum protection standards and
we look forward to continuing our mutual efforts to promote water quality.
Our Dunn Creek trail application was returned based on the "belief" that our application fails
to sufficiently avoid and minimize buffer impacts by reducing the proposed 10 foot wide trail
to eight feet. In several ways, we believe this plan is consistent with the principles of Neuse
River Riparian Buffer Rules guiding review for compliance and Federal and State guidelines
for appropriate trail construction and design as follows:
Trails are allowed in the Neuse River Riparian Buffer (NRRB) based on the rules we are
charged with following (15A NCAC 2B .0233). According to the NRRB Rules,
"Construction activities shall minimize the removal of woody vegetation, the extent of
the disturbed area, and the time in which areas remain in a disturbed state." The
construction plan as submitted exceeds the regulations significantly with a vast majority
of the trail impacts being located outside of the buffer entirely. The total disturbed area is
over 90,000 ft2, but under 11,700 ft2 of impacts are located in the Neuse River Riparian
Buffer, representing only 13 percent of the total impacts. In contrast, if the trail, were
located in Zone 2 of the NRRB, as is allowed, and the trail width was reduced to eight
401 Elm Avenue • Wake Forest, NC 27587-2932
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feet as the reviewer suggests, the NRRB disturbance would be over 80,000 W. In other
words, the proposed plan reduces the impacts of an eight foot wide trail in the NRRB by
680 percent. As such, this plan, which minimizes and avoids NRRB impacts by locating
over 85 percent of the trail outside of the NRRB, is exemplary.
There has been no proffer of defensible evidence that an eight foot wide trail would be
more protective of the NRRB when compared to a 10 foot wide trail - that "less" will be
better. Anecdotal evidence would suggest otherwise with undersized trails resulting in
unintended trailblazing resulting in off-trail erosion. Additionally, the evidence often
used to deny mountain biking on unimproved trails often sites the adverse impacts of
such. In Ralf Buckley's book, Environmental Impacts of Ecotourism, in his section on
"The Impacts of Hiking and Camping Impacts on Soil Erosion"', Buckley noted
examples where serious erosion was caused by the absence of constructed trails and
where erosion was resolved by the constructing trails (Lance, et al. (1989) and Ebersole,
et al. (2002)). The implications are clearly that "less" is not always better for the
protected riparian buffer.
• A 10 foot wide trail is needed and must not be dismissed without careful and holistic
review of a range of considerations. As a high capacity, shared use trail, the paved trail
width, based on sound engineering practices, is to be 10 feet or more. The Smith Creek
Greenway Corridor is over 8.5 miles long and includes the proposed Dunn Creek
Greenway Trail. The Corridor extends from Franklin County to the Neuse River and is
being considered as the route of the Southeast High Speed Rail Trail or the East Coast
Greenway through Wake Forest, connecting to a planned trial system that will extend
from Maine to Key West.
Federal, State and Local funds are being requested for construction of various segments.
Currently, the Smith Creek Greenway Corridor is the direct connection from Wake Forest
to the Neuse River Trail and in its entirety is being covered by the Individual Permit for
the Neuse River Trail. Stimulus funding is being approved for this trail.
The anticipated capacity and types of users, with or without regionally or nationally
significant designation, makes the design of two-way multi-user shared paths of critical
importance to minimize the potential impacts of serious conflicts. The public users of this
two-way non-motorized shared use trail include but are not limited to: bicyclists, in-line
skaters, roller skaters, wheelchair users (non-motorized and motorized) and pedestrians,
including walkers, runners, people with baby strollers, people walking dogs, etc.
Operational criteria for shared use trails must address horizontal and vertical clearance
requirements, grades and pavement structure dictated by operating characteristics of
bicycles that are substantially different from those of pedestrians. According to the
American Association of State Highway and Transportation Officials2 (AASHTO), based
on sound, scientifically evaluated and vetted engineering practices, the paved operating
width required for a shared use path is a primary design consideration and is
' http://books.?4oo yle.com
z AASHTO's updated (1999) Guide for the Development of Bicycle Facilities remains the primary design guide
for shared-use paths.
recommended to be 10 feet. According to the Federal Highway Administration (FHWA)
under most conditions, the recommended paved width for two-directional trails is 10 feet;
however 12 to 14 feet widths are preferred where heavy traffic is expected. A recent
study, Evaluation of Safety Design and Operation of Shared Use Paths 3, found that from
10 to 16 feet, every additional foot in width significantly improves the LOS for bicyclists
using shared use paths.
Necking down to an eight foot wide trail in the area of DWQ jurisdiction is not defensible
given the immediate local traffic, the near term regional connection and the anticipated
national significance.
• Access for persons with disabilities, and limited access for vehicles used in the
maintenances of the trail and sanitary sewer system and for emergency services are
typically considered when planning the width of trails. The eight foot wide trail does not
adequately support these known access issues.
• There has been a suggestion that 10 foot wide trails are routinely approved by DWQ
when State funds are being used. Disparate review is unacceptable. Communities should
follow the adequate and well supported guidelines for trail construction in every event
possible. While the Dunn Creek section is not being funded with State or Federal funds, it
is on a Corridor that includes other existing 10 foot wide sections of trail and future
sections that will be funded from State and Federal funds, including a section that is part
of the North Carolina Department of Transportation TIP Number B-4993 for the Neuse
River Multi-Use Trail. The trail width has already been established by the existing
sections and known future minimum design requirements.
In conclusion, it is our belief that the review of this application has exceeded the bounds of
the Rule implementation and as such has become policy creation. In practice, DWQ, which
first began pushing allowable trails outside of the NRRB less than a handful of years ago, has
forayed further than is prudent by rejecting a plan that meets the spirit and letter of the law in
an outstanding manner. We respectfully request that you review and rescind the letter that
was signed for you by Amy Chapman on March 18, 2009. We further suggest that no other
community should be required to justify trail construction that falls within such widely held
and known professional standards.
Sincerely,
Susan Simpson
Town of Wake Forest
cc: Secretary Dee Freeman
Vic Lebsock
3 Evaluation of Safety, Design, and Operation of Shared-Use Paths, FHWA, Washington, DC, 2005.