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HomeMy WebLinkAbout19960276 Ver 5_401 Application_20180605Environmental Consultants, 8412 Palls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone: (919) 846-5900 sandec.com To: US Army Corps of Engineers Raleigh Regulatory Field Office Attn: Samantha Dailey 3331 Heritage Trade Drive, Ste. Wake Forest, NC 27587 June 5, 2018 S&EC Project #9516.W4 N.C. Division of Water Resources 401 & Buffer Permitting Unit Attn: Karen Higgins 105 512 N. Salisbury Street (Wh floor) Raleigh, NC 27603 From: Deborah Edwards Shirley Soil & Environmental Consultants, P.A. 8412 Falls of Neuse Road, Ste. 104 Raleigh, NC 27615 Re: Bolin Creek Greenway -Phase III Chapel Hill, Orange County, NC On behalf of the Town of Chapel Hill -Planning & Development -Parks & Recreation, please find attached a complete application and supplemental information requesting written concurrence from the U.S. Army Corps of Engineers and the N.C. Division of Water Resources (NCDWR) that the activities proposed below may proceed under Nationwide Permits 14 and General Water Quality Certifications 4135. In addition, written authorization from the NCDWR is requested for activities proposed to impact Jordan Watershed Riparian Buffers. In 2011, 2012 and 2014, a Nationwide Permit 14 Verification and Water Quality Certification Approval with Riparian Buffer Authorization were issued for this project. Since this time, approximately 3,788 linear feet of the original 4,118 linear feet of greenway has been constructed. There was a delay in the construction scheduled which resulted in the 404 verification and 401 Approval expiring. This delay was a because of a coal ash deposit was discovered on a portion of the property downstream and uphill of the work site. The Town Manager ordered that all work on the property be stopped until the Town could evaluate the situation and come up with a plan to determine the extent of the coal ash deposit and mitigate any coal ash related issues. The Town has developed an action plan for building the trail and disposing of any excess soil. Please contact me at (919) 846-5900 if you have any questions or require additional information. PROJECT SUMMARY Project Name Bolin Creek Greenway -Phase IA Project Type Greenway Owner / Applicant William Webster -Town of Chapel Hill Coun Orange Nearest Town Chapel Hill Waterbody Name Bolin Creek Basin / Sub -basin Cape Fear Jordan)/03-06-06 Index Number 16-41-1-15-1-(0.5) Class WS -IV; NSW IMPACT SUMMARY Stream Impact (acres): 0.05 Wetland Impact (acres). Open Water Impact (acres)' 0 0 Total Impact to Waters of the U.S. (acres) 0.05 Total Stream Impact (linear feet): 76 Attachments: Pre -construction Notification Application Form Agent Authorization Form NRCS Soil Survey Map & USGS Topographic Map Nationwide Permit Verification 14 (AID SAW -2011-01236) Water Quality Certification Approval (DWQ Project #96-0276, Ver.4) SHPO letter (dated 01/26/06) FEMA CLOMP, Photos Overall Site Plan Impact Exhibits Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the ® Section 404 Permit El Section 10 Permit Corps: 1 b. Specify Nationwide Permit (NWP) number: 14 or General Permit (GP) number: NIA 1 c. 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 Certification – Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification – Express ® Riparian Buffer Authorization 1 e. Is this notification solely for the record For the record only for DWQ 401 For the record only for Corps Permit: because 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. 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes No 2. Project Information 2a. Name of project' Bolin Creek Greenway Phase 111 2b. County: Orange 2c. Nearest municipality /town: Chapel Hill 2d. Subdivision name: NIA 2e. NCDOT only, T.I.P. or state NIA project no: 3. Owner Information 3a. Name(s) on Recorded Deed: NIA 3b. Deed Book and Page No. NIA Linear Project 3c. Responsible Party (for LLC if Town of Chapel Hill—Planning & Development -Parks & Recreation – Attn: William applicable): Webster -Assistant Director 3d. Street address: 200 Plant Road, 3e. City, state, zip: Chapel Hill, NC 27514 3f. Telephone no.: 919-968-2819 3g. Fax no.: 919-932-2923 NIA 3h. Email address: 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: Owner-Please send correspondence to both owner and Agent 4b. Name: William Webster-Assistant Director Town of Chapel Hill-Planning & Development-Parks & Recreation 200 Plant Road, Chapel Hill, NC 27514 919-968-2819 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. 4h. 5. 5a. Fax no.: Email address: Agent/Consultant Information Name: 919-9322923 WA (if applicable) Deborah Edwards Shirley 5b. Business name (if applicable): Soil & Environmental Consultants, PA 5c. Street address: 8412 Falls of Neuse Road, Ste. 104 5d. City, state, zip. Raleigh, NC 27615 5e. Telephone no.: 919-846-5900 5f. Fax no.: 919-846-9467 5g. Email address: dshirleya@sandec.com Page 2 of 13 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): NA 1b. Site coordinates (in decimal degrees): MLK Blvd. Stream Latitude: 35.9256 Longitude: -79.0539 Relocation coordinates are given. (DD.DDDDDD) (-DD.DDDDDD) 1c. Property size: NA — project is approximately 330 linear feet long I Surface Waters Bolin Creek, 16-41-1-15-1-(0.5) 2a. Name of nearest body of water (stream, river, etc.) to proposed project: WS -V; NSW 2b. Water Quality Classification of nearest receiving water: 2c. River basin: Cape Fear, Sub -basin 03-06-06 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: The existing conditions of the project is a completed greenway from Umstead Park to M.L Blvd, with an additional 330 linear feet of greenway to complete. The greenway follows an existing, maintained sanitary sewer easement for a majority of its length. The general land use in the vicinity of the project is residential. 3b. List the total estimated acreage of all existing wetlands on the property: There were no wetlands identified adjacent to Bolin Creek along the proposed greenway corridor. 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: Approximately 330 linear feet of stream (i.e. Bolin Creek) is adjacent to the proposed greenway corridor. 3d. Explain the purpose of the proposed project: The purpose of the project is to complete the greenway network from Martin Luther King Jr. Blvd. east approximately 330 linear feet. 3e. Describe the overall project in detail, including the type of equipment to be used: The overall project (i.e. Phase lll) consists of approximately 0. 78 miles of a paved 10 foot wide multi -use path designed to accommodate recreational and non -motorized modes of transportation, specifically this request includes the last 330 linear feet. Equipment to be used will include excavators, bull dozers and other typical equipment used for land clearing, trail construction and excavation. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / Yes fro Unknown [] project (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type Preliminary ®Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Soil & Environmental Name (if known): Chris Flowers (formerly of S&EC) and Bob Consultants Other: Zarzecki. 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. A site visit was conducted with Andy Williams & John Thomas of the USACE on January 11, 2007; a Jurisdictional Determination Request was sent to Andy Williams on June 2, 2009. A Jurisdictional Determination was issued with the Nationwide Permit 14 Verification on September 9, 2011 (AID# SAW -2011-01236). Page 3 of 13 PCN Form — Version 1.3 December 10, 2008 Version S. Project Information and Prior Project History 5. Proiect H 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? 6b. If yes, explain in detail according to "help file" instructions. 0 Yes U M+ ❑ Unknown According to the project engineer, phases I & Il were constructed in 19934 and 1997-8 and resulted in no permanent impacts to wetlands or streams (details of this information was submitted with the PCN Application package dated July 28, 2011). In 2011, a PCN Application package was submitted for Bolin Creek Greenway -Phase Ill. A Nationwide Permit 14 Verification was issued on September 9, 2011 (AID# SAW -2011-01236) and a 401 Water Quality Certification was issued on August 29, 2011 (DWQ Project # 96-0276, Ver. 2). And in 2012, a modification request PCN Application package was submitted for Bolin Creek Greenway -Phase //L A 401 Water Quality Certification was issued on July 31, 2012 (DWQ Project # 96-0276, Ver. 3) and the Nationwide Permit 14 Verification was issued via email on November 16, 2012. In 2014, a modification request PCN Application package was submitted for Bolin Creek Greenway -Phase 111. A 401 Water Quality Certification was issued on July 24, 2014 (DWQ Project # 96-0276, Ver. 4) and the Nationwide Permit 14 Verification was issued on July 21, 2014 (AID# SAW -2011-01236). 6. Future Project Plans 8a, Is this a phased project? ® Yes ❑ No 6b. If yes, explain. According to the Bolin Creek Concept Plan and the project engineer, an additional spur of the Bolin Creek Greenway has already been completed which connects this project southwest to neighborhoods near Rosemary Street and downtown. The next phase of Bolin Creek Greenway will extend northwestward to Estes Drive and to the planned future Carolina North campus on the site of the former Airport. Carolina North will be a significant new campus for UNC, and the Greenway will help provide a non -motorized connection to it. Other planned future connections include a spur to Carrboro's trail system. Page 4 of 13 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. 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 impact number Type of jurisdiction — Permanent (P) or Type of Type of wetland Forested (Corps - 404, 10 Area of impact Temporary (T) impact (if known) DWQ — non -404, (acres) r other _ W1 ❑ P ❑ T ❑ Yes ❑ No ❑ Corps ❑ DWQ W2 ❑ P M T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P [:IT D Yes ❑ Corps 0 No C1 DWQ ❑ Yes ❑ Corps W4 ❑ P ❑ T L❑ No ❑ DWQ 2g. Total wetland impacts 1 0 2h. Comments: 3. vfStream 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 impact number Type of Stream name Perennial Type of Average Impact -Permanent (P) or impact (PER) or jurisdiction stream length Temporary (T) intermittent (Corps - 404, width (linear (INT)? 10 (feet) feet) DWQ — non - Bolin Creek [I PER [I INT 404, other) ® Corps L] DWQ S1 (5) ® P ❑ T Low Flow Channel 36 57 Relocation ® PER ® Corps Low Flow S2 (5) 0 P ® T Channel Bolin Creek INT Ll DWQ 36 19 Construction 3h. Total stream and tributary impacts 76 3i. Comments: As noted on sheet 2 of 4, the temporary impacts total 76 LF and the permanent relocation total 57 LF. Temporary stream impacts will be brought back to pre -construction elevations and stream banks stabilized. Page 5 of 13 PCN Form — Version 1.3 December 10, 2008 Version 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 individ ally list all open water impacts below. 4a. 4b. 4c. 4d, 4e. Open water impact Name of number— waterbody Type of impact Waterbody type Area of impact Permanent (P) or (if applicable) (acres) Temporary (T) 010P❑T 02❑P❑T 03❑P❑T 04❑P❑T 05❑P❑T 4f. Total open water impacts 0 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flo E Flooded Filled Excavated ode Filled tedva Flooded d P1 I P2 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: Page 6 of 13 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 any impacts require mitt ation then you MUST fill out Section D of this form. 6a. © Neuse ❑Tar-Pamlico ®Other: Jordan Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6c 6e. 6f. Buffer impact number— Reason for impact Buffer Zone 1 impactmpact L(square Permanent (P) or Stream name mitigation (square feet)feet) Temporary _ re uired? B1 (Impact P) Grading Activities- Bolin Creek L1 Yes X70 0 [:]P ® T Weir Construction ®No B2 (Impact Q) ®p❑T Greenway Trail Bolin Creek ❑ Yes ®No 1721 1289 B3 ❑ P ®T Construction Corridor Bolin Creek ❑ Yes JZ No 2419 3502 El Yes B4❑P❑T ❑ No F-1 Ye B5 ❑P❑T E] No _ 6h. Total buffer impacts 5,110 4,797 6i. Comments: Page 7 of 13 D. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. It's important to point out that this proposed greenway, for a majority of the corridor (south side of Bolin Creek), follows an existing O WASA sanitary sewer line and/or existing soil paths, In addition, this corridor is not simply previously impacted, but is predominantly bedrock and rock and has very little pervious soil due to past sewer line construction and sewer line maintenance. Area 5 is where the low flow channel within the stream was relocated to the southern side of the channel under the Martin Luther King Blvd. arch culvert, a portion of the greenway trail has been constructed under this structure. Cross -vanes have been added to redirect the flow to the center of the new channel, one remaining cross -vane is to be constructed. Additionally, boulders are proposed along the southwest side to protect existing footings (a previous request from NCDOT). Several alternatives to Using the exisflrrg culvert as an 4rrrd! rmp ssing on its north srde were explored in the Concept Plat? phase. First, a surface crnssfng of MLK near the existing green way lsrminu+ was consklered but reJecfedd for reasons of pedestrian safety. S` icond, a new tunnel beneati i MLK NO was considemd, but rejecled for reasons f0v0ving the cost to relocata ut#Nos in MLK Blvd and the undesirabildy or requiring greenway Ma vBWerS to use a long, narrow tunnet. Thfrd, an option to run the grsenwey from the existlag terminus on the north bank, through Ue existing culvert, end use a !ow -water crossing to cross to the south bank and from Mere up a shallower embankment to Umstead [?rive and west was consfdeted. This option was rejected because of Chapel i-irll Stormwater's strong reservations about using a low-water crossing and because it wouinl most likely result in unaeptable rises in base flood ele vatiarrs. Impact area #6 within the stream was omitted back in 2014, and riparian buffer impact area "Q" was previously modified because of the following: 1) The revised alignment moves the greenway about 10' further from the creek in the area of the 42" outfall 2) The retaining wall on the Creekside, made of "Strone Strong" units, is moved 10' north with the relocated greenway. Its maximum height ins about 4.5' above the greenway surface. 3) The transition SD box form the existing 42" outfall has been eliminated in favor of a standard junction box that conveys the existing storm flow into a 42" culvert pipe having a 1% longitudinal slope, which daylights just above the riprap apron. 4) The existing riprap apron remains in place but would be extended northward to work with the change. The present alignment was developed in consultation with Town Engineering staff and Town Council members, and was approved as a Concept Plan in May 2007 by the Chapel Hill Town Council. A copy of the Concept Plan is available here: !. / X?dQcuWpnt1d=2102. Furthermore, the applicant is aware of the regional conditions associated with the Nationwide Permits 14. With respect to linear transportation crossings conditions (NWP 14 -Regional Conditions section 4.0) stream relocations will incorporate natural channel design; this project is not being used in conjunction with a NWP 18 to create an upland area; this project is not located within tidal waters/wetlands; and this project is not located within a designated trout watershed. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Silt fences will be used to prevent sediment wash into Bolin Creek. Erosion control fabric will be applied to graded slopes steeper than 4:1. All graded areas will be seeded. For work in the channel, the creek will be diverted to its new channel and the former channel dewatered before commencing grading operations. 2_ Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State ❑ Yes E No 2a. Does the project require Compensatory Mitigation for There are no proposed impacts to wetlands and the impacts to Waters of the U.S. or Waters of the State? stream will be relocated, resulting in no loss of aquatic function, therefore compensatory mitigation is not being proposed. Page 8 of 13 PCN Form — Version 1.3 December 10, 2008 Version 2b. If yes, mitigation is required by (check all that apply): 2c. If yes, which mitigation option will be used for this project? 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. 4b. Stream mitigation requested: 4c. If using stream mitigation, stream temperature: 4d. Buffer mitigation requested (DWQ only): 4e. Riparian wetland mitigation requested: 4f. Non -riparian wetland mitigation requested: 4g. Coastal (tidal) wetland mitigation requested, 4h. Comments` ❑ DWQ ❑ Corps ❑ Mitigation bank ❑ Payment to in -lieu fee program ❑ Permittee Responsible Mitigation Type ❑ Yes ❑ warm 5. Complete if Using a Permittee Responsible Mitigation Plan Quantity ❑ cool ❑cold 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. 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 f ❑ Yes No 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 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 9of13 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. Comments. The green way trail will be designed to slope towards the creek at 2% and concentrated flow upstream of the trail will be avoided. 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 2b. Does this project require a Stormwater Management Plan? 2 Yes ❑ No ® Yes ❑ No ❑ Yes 0 No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: The greenway trail will be designed to slope towards the creek at 2% and concentrated flow upstream of the trail will be avoided. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: Page 10 of 13 PCN Form — Version 1.3 December 10, 2008 Version ❑ 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 government's jurisdiction is this project? ❑ Phase II ❑ NSW 3b. Which of the following locally -implemented stormwater management programs 0 USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes Q 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 10 of 13 PCN Form — Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federal/state/local) funds or the ® Yes [l No use of public (federal/state) land? 1b. 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 Policy 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 Yes letter.) 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 No or Riparian Buffer Rules (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).- iolation(s):3. 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. We have reviewed the "DRAFT Internal Policy, Cumulative impacts and the 401 Water Quality Certification and Isolated Wetland Programs" documpnt prepared by the NC Division of Water Quality ort Aprli fg, 2004, version 2. f. The Bolin Creek Greenway-Pfxase fll project [foes not specifically meet any of the three crlteAg ofgrrvate ofpublically funded projects that cern crewly result in camulative impacts; thls project shorlfd rxot raswlt fn additior;if resialerrtial or commercial aleveloprrronl aodlor have growth -stimulating e11'ecls, this green way Is being corastmcted in are al+'eady developed landscape, ,Additfarially, the project is located within the Town of Chapel Hilt's jurisdiction, therefore any adjacanl properties that have potential for development wO have the fallowing regulations to protect doWns€ream waters_ 1) the Phase ll NPDES Storms water Perrnit Program, this programa includes permitling raequiraments for A9urr6�ipal Separate Storm Sewer Systems (MS4s) in addition to post -construction stormwater management requirements, 2) Jordan Lake Watershed Riparian Buffer Protection regulations, these regulations require limited development within the riparian buffer area in addition to "diffuse flow" requirements at a minimum and could require Best Management Practices that control nitrogen if diffuse flow cannot be achieved; and 3) the Water Supply, Watershed Protection Program which limits development densities as well as requires protective riparian buffers. We anticipate that the DWR will advise us if any additional information is needed. 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. N/A 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 ® Nu 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 NC -Natural Heritage Programs Data Explorer Map was used to search for elemental occurrences of federally protected species listed within and within 1 mile of the project boundaries. It was determined based on the search that there are no elemental occurrences that are listed as federally Threatened/Endangered within or within 1 mile of the project boundaries. References: North Carolina Natural Heritage Program. 2018. Geographic Information System (GIS) data. NCDNCR, Raleigh, NC. Available at llU;//Www 0gabt ,QM1. (Accessed: May June 5, 2018). 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes 0 No 8b, What data sources did you use to determine whether your site would impact Essential Fish Habitat? Project is located within Orange County, NC. Essential Fish Habitat should not be an issue for this project. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 76. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation El Yes ED 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? S&EC requested that the NC Department of Cultural Resources conduct a project review of the NC State Historic Preservation Office records of historic resources in the area. The SHPO is aware of no historic resources that would be affected by this project, therefore they had no comment. Please see the attached letter from the State Historic Preservation Office dated January 26, 2006. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain? F0 Yes ❑ No 8b. IF yes, explain stow project meets FEMA requirements: The Min Creek Gr€ ler+way Fm,�ectproposes the construction of rraw bridges, paved walkways and associated auiverts within a Federal Emergency Management Agency (PEMA) designated floodway. As such the effect of the proposed construction orr flood water"50rface elevaticas, and Me floodplain and floodway wMtlos needed to be evaluated Mrough hydraulic analyses rrt the form of a flood study. VarioUs a gliment options (rrr(-,luding a series of bridge attemalives) were evaluated for hydra t clic effect and resultant water surface ele vatlons. Onre it was delerrnipjed that a �tjo-Tisa" or onLi-ir"pact" condition was rrat achie vabla a Conditional Letter of Map Revision (CL OMR) a,ppilt:ation wilh stfpporting docrrmentation was prepared and soh mifted to the FEMA far review. Attached is the CLOMR from FEMA. 8c. What source(s) did you use to make the floodplain determination? Project engineers and NC Flood Risk Information System Page 12 of 13 Deborah E. Shirley, _ � June 5, 2018 Applicant/Agent's Signature Date Applicant/Agent's Printed Name (Agent's signature is valid only if an authorization letter from the a licant is provided.) Page 13 of 13 T• wl /� I`�'�� AGENT AUTHORIZATION FORM All Blanks To Be Filled Ire By 71w Current Landownci- Name: RECEIVED DEC 0 5 2006 LAPPAS & HAVENER, PA Address: -` , �L�'C.lz�-4 Phone:,�� Project Name/ Descr#ptiork - ll+ !y l t' M/'/( S&EC Project # The Department of the Army U.S. Army Corps of Engineers, Wilmington District P.O. Box 1890 Wilmington, NC 28402 Attn: Field Office: c 4 --Lc Re: Wetlands Related Consulting and Permitting To Whom It May Concern: I, the current propgjV owner, hereby designate and authorize Soil & Environmental Consultants, PA to act in my behalf as my agent in the processing of permit application, to fxnish upon request su Iemental information in support of applications, etc. from this clay krrwaxd. Thee day of r 4 This notification supersedes any previous correspondence concerning the agent for this project. NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for government officials to enter the property when accompanied by S&EC staff. You should call S&EC to arrange a site meeting prior to visiting the site. {; Print Property Owner's Name cc: Ms. Cyndi Karoly NCDENR - DWQ 2321 Crabtree Boulevard Raleigh, NC 27604 Property Owner's Signature cc: Ms. Jessica Regan Soil & Environmental Consultants, PA F 4 Partln IE�lli mew Tap IUB Eta ,t : ;7 Gee Project Area Tial + s 'Tadp WX - — h ' Greenway Corridor a, li _ #: IWME AvO e{ wma P6 f ��}.{�fiq I "�r 1. .A; 10- 0 40 •+ i' ; ■ ■ F'X� i r WAPFU Project No. FIure 2 - Sod Survey 9516.P1 g Orange County Project Mgr.: Soil & Environmental Constiltants, PA DE Bolin Creek Greenway 11010 Raven Ridge Rd,- Raleigh, NC 27614 Chapel hill (919) 846-5900 • (919) 846-9467 Scale: Web Page: �vw�,v.SandEC.com I ° = 1 ,000' Orange County, NC , , IM/I r, 1975 NRC5 Orange Co. Soil Survey U.S. ARMY CORPS OF ENGINEERS WILN41NGTON DISTRICT Action Id. SAW -2011-01236 County: Orange U.S.G.S. Quad: NC -CHAPEL HILL GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Town of Chapel Hill Planning and Development Parks and Recreation William Webster Address: 200 Plant Road Chapel Hill NC 27514 Telephone Number: (919) 968-2819 Size (acres) Linear proiect, 0.78 miles Nearest Town Chapel Hill Nearest Waterway Bolin Creek River Basin Haw. North Carolina. USGS HUC 3030002 Coordinates Latitude: 35.9237584160157 Longitude: -79.0580999741178 Location description: The proposed greenwav will be sited for the most part along an existing cleared easement that is currently used by OWASA to access their sanitary sewer facilities on the south site of Bolin Creek in the Town of Chapel Hill, Oranpre County, North Carolina. Description of projects area and activity: Proposed is a paved 10 foot wide multi -use greenwav trail designed to accommodate recreational and non -motorized modes of transportation This authorization is for the temporary and permanent discharge of clean fill within Bolin Creek fvr the canstruetjon of a greenwav trail as faJlows : 1) Site. S10 A 30. linear feet of tempnrarr Fill ass+icfated with brill a removal, 2 Sate S2 1 B1 30 1hwar feet oFteznora fill ssociated with brill a remtrvaI- 3 Site 81 200 linear feet ref ernianent fill; assn}ciated with a low flow channel rclocalfnn and construction; 41 Site Ol 0.0009 acre of perruanon t fill associated with a rip rap apron. replaeement, 51 Site 02(ZA) O.00 16 aj, re of Dorm Aiient fill associated with a ceding; f:) Site03f3) 0.0 Z 51 acre ofperrosnen! fJI associated i7e h a grading. 7) Site 04{4) p.0328 acre ofperrnanenI fill associated with grading. This permit Was Previously issuer) on SvWroher 9,.211.11 :md re -issued on NDvembr:r 16 2012. The resent re-jssuc of the permit f wur 4 tes minar cyan es to im acts. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) [1 Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Nationwide Permit Number: NWP 14 Linear Transportation Projects. SEE ATTACHED RGP or NIYP 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 07110/2014. 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. ThLq verification Mill romain valid not11 the exr+iration date identified below unlew lire catiaCi4vide authorization is modified, suspended or revoked. Ir, prior to the expiration date identified below, the nation wide permit authorizatiuii is reissued andfar modified, tfais verification will remain valid until the expirarion date identified below, prtvided it complies with ail requirements of the modified nationwide permit. If the naEtion%vide porrnit authorization exp ires or is suspen4ed, revolci-d, ar is 00difned, such that the aetivity would no Iongtr comply with the terms and conditions of the nationwide permit, activities which have commenced {i,e., are under construction) or are under contract to Commeuce in reJishcc upon the nationwide porn- it will rerdai5 authoriwd pro Mided the activity is completed within t%Yelve mailtbs Df the date of the patiArkwidc pormit's expiration, modification or revooadar[, unless dLwrehoriary authoriry has been exereiwd on a case-by-case basis to modify, suspend or reY&L- 1ho authorizatIGn_ 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 Quality (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Morehead City, NC, at (252) 808-2808. 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 -2011-01236 If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Crait4 Brown at 919-554-4884 x35 or CraijZ.J.Brown(a),usace.army. mil. Corps Regulatory Official: Crain Brown _ Date: July 21, 2014 Expiration Date of Verification: 03/18/2017 SAW -2011-0123 6 Determination of Jurisdiction: A. ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. C. ❑ There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. D. ® The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued September 9, 2011. Action ID: SAW -2011-01236. Basis for Determination: The stream is a relatively permanent water identified as Bolin Creek and is a tributary to Little C'reelc an RPW Little Creek is a tributary to Jordan lake an impoundment of Little Creek and other RPW's. Jordan Lake flows to the Hary River, a traditionally navi able water (TNW). The Haw River is a tributary to the Carip- Fear River, a navi =able wvatcr of the United States. The Ordiottr ' lfikzh Water mark 0fRV-M of Bolin Creek was indicated by the flowing characteristics: clear natural line impressed on the banks shelyin and the d truetion of terrestrial VCE$tatioll. Remarks: This is the JD issued with the orizinal permit on September 9 2011 and is flood for a period of five years. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participatioa in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B and C above). This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the FLAP. Should you decide to submit an RFA form, it must be received at the above address by N/A (appeal period has expired ). **It is not necessary to submit an RForm to the D ision Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: Craig Brown Date of JD: September 9, 2011 Expiration Date of JD: September 9, 2016 SAW -2011-01236 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 online at http://regulatM.usacesurvey.com/. Copy furnished: Agent: Soil & Environmental Consultants, Inc. Debbie Edwards Shirl-ey Address: 8412 Falls of Neuse Road, Suite 104 Raleigh, NC, 27615 Telephone Number: 919-846-5900 NCDWR: CherriSmith Address: NC Division of Water Quality — Surface Water Protection Section Raleigh Regional Office 3800 Barrett Drive Raleigh, NC 27609 Telephone: (919) 71?1.4251 G I , j AFF � kl s 28, Z tJ ILP NCDENR North Carolina Department of Environment and Natural Resources: Pat McCrory John E. Skvada, III Governor Secretary July 24, 2014 DWR # 96-0276v4 Orange County Town of Chapel Hill — Planning and Development — Parks and Recreation Attn: William Webster—Assistant Director 200 Plant Road Chapel Hill, NC 27514 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS AUTHORIZATION CERTIFICATE PER THE JORDAN LAKE WATER SUPPLY WATERSHED RIPARIAN BUFFER PROTECTION RULES (15A NCAC 02B.0267) WITH ADDITIONAL CONDITIONS Bolin Creak Greenway - Phase ill Dear Mr. Webster: You have our approval for the impacts listed below for the purpose described In your application dated July 10, 2014 and received by the Division of Water Resources -(Division) on July 10, 2014. These impacts are covered by the attached Water Quality General Certification Number 3886 and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 14 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This 401 Certification and Authorization Certificate for DWR #96- 0276 v4 dated July 24, 2014 replace the 401 Certification and Authorization Certificate for DWR #96-02760 dated July 31, 2012. This approval requires you to follow the conditions listed in the enclosed certification and the following additional conditions: The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification, General Permit and/or Buffer Rules are met. No other impacts are approved, including incidental impacts. North Carolina Division of Water Resources 1628 Mail Service Center Raleigh, NC 27699-1628 Phone (919) 791-4200 Customer Service Internet: www.ncwaterquality.org Location: 3800 Barrett Drive Raleigh, NC 27609 Fax (919) 788-7159 1-877-623-6748 An Equal OpportunilylAirirmative Action Employer— 50% Recycled/10% Post Consumer Paper C.. N&a LhCa�ul 11VW111Y7r x Type of Impact Stream Site 1A Stream Site 113 Stream Site 5 Open Water _ Site 2 Op.en Water Site 2A Open Water _ _ Site 3 Open Water Site 4 Buffers —Zone Site Al BufFers —Zone 2 _ Site Al Buffers Zone 1 Site A2 Buffers— Zone 2 Site A2 Buffers — Zone 1 Site B Buffers Zone 2 Site B — Buffers —Zone 1 _ Site C _ Buffers —Zone 2 Site C Buffers —Zone 1 Site D Suffers — Zone 2 Site D Buffers —Zone 1 Site E Bolin Creek Greenway — Phase III DWR# 96-0276v4 401 AND BUFFER APPROVAL Page 2 of 6 Amount Approved Amount Approved (units) (units) Permanent Temporary 1.056 knuare feet) 1,1'32 (square feet I 0 (linear feet) 130 (linear feet) 0 (linear fleet]0 (linear feet) 200 (linear feet) 0 (linearfeet) _7 0.0009 (acres) 0 (acres) [0760�16(a�cres� 0 (acres) 0.0151 (acres) 1 0 (acres) 0.0328 (acres) 0 (acres} 0 (square feet) 1,goo (square lfeet) 0 (square feet) 669 (square feet) _ 0 (square feet) 651 (square feet) 0 square feet) 345 s uare feet 291 (square feet) 1.7.5 (square fleet) 1 81 (square feet) 164 square feet) 289 (square feet) 426 (square feet) 754 square feet) 1,054 (square feet 0 (square feet 19 square feet) 0 (square feet) 450 (square feet) 1.056 knuare feet) 1,1'32 (square feet Bolin Creek Greenway — Phase III DWR# 96-0276v4 401 AND BUFFER APPROVAL Page 3 of 6 Buffers —Zone 2 1,802 (square feet) 3,476 (square feet) Site E _ 2,784 (square feet) 3,224 square feet) Buffers —Zone 1 _^260 (square feet) 72 (square feet) Site F Buffers—Zone 1 6,848 (square feet) 3,637 ((square feet) Buffers —Zone 2 0 (square feet) _ _� 0 (square feet) Site F 231 (square feet) Site I Buffers —Zone 1 I Site G Buffers—Zone 1 1,363 square feet) 1,714 (square feet) Site J _� Buffers —Zone 2 Site G D (square feet) 186 square feet 2,209 (square feet) _ Buffers —Zone 1 1,076 (square feet) 392 (square feet) Site K _ Buffers —Zone 1 Buffers — Zone 2 -1,118 (square feet) 1,870 (square feet Site H Buffers —Zone 2 _ 2,784 (square feet) 3,224 square feet) Site H Buffers—Zone 1 6,848 (square feet) 3,637 ((square feet) Site I Buffers — Zone 2 _ 0 (square feet) 231 (square feet) Site I Buffers—Zone 1 5,936 (square feet) 1,750 (square feet) Site J Buffers —Zone 2 D (square feet) 0 (square feet) Site J _ Buffers —Zone 1 1,076 (square feet) 392 (square feet) Site K _ Buffers — Zone 2 404 (square feet) 287 (square feet) Site K Buffers—Zone 1 653 (square feet) 439 (square feet) Site L Buffers —Zone 2 258 (square feet 730 (square feet) Site L Buffers —Zone 1 4,305 (square feet) 3,236 (square feet) Site M Buffers — Zone 2 2,018 (square feet) 3,818 (square feet) Site M Buffers —Zone 1 968 (square feet 1680 (square feet) Site N Suffers—Zone 2 0 (square feet) 1886 (square feet) Site N Buffers —Zone 1 31 (square feet) 0 (square feet) Site 0 Bolin Creek Greenway — Phase III DWR# 96-0276v4 401 AND BUFFER APPROVAL Page 4 of 6 Buffers — Zone 2 0 (square feet) 0 (square feet) Site 0 Buffers —Zone 1 970 (square feet) 0 (s uare feet) Site P Buffers — Zone 2 0 (square feet) 0 (square feet Site P Buffers —Zone 11,721 (square feet) 1,289 (square feet) Site Q - Buffers — Zone 2E 2,419 (square feet) 3,502 (square feet) Site Q �I ._ - 2. Diffuse Flow .All stormwater shall be directed and maintained as diffuse flow at non-erosive velocities through the protected stream buffers such that it will not re -concentrate before discharging into a stream. 3, N o y a e 5 p oll Solids or FIII of rt -{hold No waste, spoll, solids, or fill of any kind shall occur In wetlands, waters, or riparian areas beyond the footprint of the Impacts depicted in the Pre -Construction Notification. All construction activities,_ including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 4. Protective Fencing The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to Infringe within the buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15 NCAC 02H .0500. 5. This approval Is for the purpose and design described in your application. The plans and specifications forthis project are incorporated by reference os part of the Certification and Buffer Authorization, if you change your project, you must notify the Division and you may be required t❑ submit a new appllcation package with *P_ appropflate fee, if the property ]s sold, the new owner must be given a copy of this approval letter and General Certification and Is responsible for complying with all conditions. 6, This approval and its conditions are final and binding unless contested. This Certification and Buffer Authorization can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Bolin Creek Greenway—Phase III DWR# 96-0276v4 401 AND BUFFER APPROVAL Page 5 of 6 Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http:Hwww.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for Information. Within thirty (30) calendar Clays of receipt of this notice, a petition must be filed with the OAH, A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee Is received in the OAH during normal office hours (Monday through Friday between 8,00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee Is received by the OAH within five (5) business days following the faxed transmission, Mailing address for the OAH: !, f sending by First Class Mai! via the US Postal Service, Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via dellvery service (e,g, UPS, FedFx): Office of Administrative Hearings 1711. New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: Lacy Presneii, General Counsel Department of Environment and Natural Resources 1601. Mail Service Center Raleigh, NC 2.7699-1601. Please send one (1) copy of the petition to DWR: If sending by First Class Moil via the US Postal Service:_ Karen Higgins NC DENR-DWR -- Webscape Unit 1617 Mail Service Center Raleigh, NC 27699-1617 If sending via delivery service (e.g. UPS, FedEx): !Caren Higgins NC DENR-DWR — Webscape Unit 512 N. Salisbury Street Raleigh, NC 27604 This letter completes the review of the Division under section 401 of the Clean Water Act and the Jordan Lake Water Supply Watershed Riparian Buffer Protection Rules as described in 15A NCAC 0213.0267. Please contact Cherri Smith at 919-791-4251 or cherri.smith ncdenr eov if you have any questions or concerns. Bolin Creek Greenway — Phase III DWR# 96-0276v4 401 AND BUFFER APPROVAL Page 6 of 6 Siri�e Iy, { j 01711 Danny Sm Supervisor, Water Quality Regional Operations Section Enclosure; GC 3886 cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field Office, 3331 Heritage Trade Drive, St. 105; Wake Forest, NC 27597 Deborah Shirley; Soil & Environmental Consultants; 8412 Falls of Neuse Road, Ste, 104; Raleigh, NC 27615 DWR RRO 401 Files Michael F. Easley, Governor Utbeth C. Courts, scam" Jeffrey J, Crow, Deputy secretary January 26, 2006 FEB 0 ny: Soil & Cnvir,,1omeu!:1l COnsllpan s, p,1 North Carolina Department of Cultural Resources State Historic Preservation Office Peter B. Sandbeek, Administrator Office of Archives and History Division of I hstorieal Resources David Brook, Director Jessica Regan Soil & Environmental Consultants 11010 Raven Ridge Road Raleigh, NC 27614 Re: Bolin Creek Greenway, Job # 9516.D1, Orange County, ER 06-0151 Dear Ms. Regan: Thank you for your letter of Januaty 17, 2006, concerning the above project, We have conducted a review of the project and are aware of no historic resources that would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800, Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill -Earley, environmental review coordinator, at 919/733-4763. In all future communication concerning this project, please cite the above -referenced tracking number. Sincerely, C—L &J, a eter andbeck Location Mailing Address Telephone/Fax ADMINISTRATION 507 N. Blount Street, Raleigh NC 4617 Mail Service Center, Raleigh NC 27699.4617 (919)733-4763/73.18653 RESTORATION 515 N. Blount Street, Raleigh NC 4617 Mail Service Center, Raleigh NC 27699-4617 (919)733.6547/715-4801 SURVEY & PLANNING 515 N. Blount Street, Raleigh, NC 4617 Mal Service Cenrer, Raleigh NC 27699-1617 (919)733-6545/715.4801 Federal Emergency Management Agency Washington, DC 20472 ce, fNorth Carolina Floodplain Mapping Program Cooperating Technical State June 20, 2011 CERTIFIED MAIL RETURN RECEIPT REQUESTED The Honorable Mark Kleinschmidt Mayor, Town of Chapel Hill 405 Martin Luther King Jr. Boulevard Chapel Hill, NC 27514 Dear Mayor Kleinschmidt: IN REPLY REFER TO: Case No.: Community Name: Community No.: 10-04-5286R Town of Chapel Hill, NC 370180 We are providing our comments with this enclosed Conditional Letter of Map Revision (CLOMR) on a proposed project within your community that, if constructed as proposed, could revise the effective Flood Insurance Study report and Flood Insurance Rate Map for your community, If you have any questions regarding floodplain management regulations for your community or the National Flood Insurance Program (NFIP) in general, please contact the Floodplain Administrator for your community, If you have any technical questions regarding this CLOMR, please contact the North Carolina. Floodplain Mapping Program (NCFMP) at (919) 715-5711 ext, 118, or the Federal Emergency Management Agency (FEMA) Map Information eXchange (FMIX) toll fee at 1-877-336-2627 (1=877 -FEMA MAP). Additional information about the NFIP is available on FEMA's website ath};{lwwu`•Ponr�,r�vlbua3ntsJnl3o, and additional information about the NCFMP is available at htta://www,nofEoodma sem. Sincerely, Beth A. Norton, Program Specialist Federal Emergency Management Agency Engineering Management Branch Federal Insurance and Mitigation Administration List of Enclosures: Conditional Letter of Map Revision John K. Dorman, Program Director North Carolina Floodplain Mapping Program cc: Mr. Roger L. Stancil, Town Manager, Town of Chapel Hill Mr. Bill Webster, Town of Chapel Hill, Parks & Recreation Mr. Patrick K. Smith, P.E., Soil & Environmental Consultants, PA NU. Steve Garrett, CFM, LOMC Manager, NCFMP JUN 22 2011 Federal Emergency Management Agency ° Washington, D.C. 20472 June 20, 2011 CERTIFIED MAIL IN REPLY REFER TO: RETURN RECEIPT REQUESTED Case No.: 10-04-5286R The Honorable Mark Kleinschmidt Mayor, Town of Chapel Hill 405 Martin Luther King Jr. Boulevard Chapel Hill, NC 27514 Dear Mayor Kleinschmidt: Community: Town of Chapel Hill, NC Community No.: 370180 104 This responds to a request that the Department of Homeland Security's Federal Emergency Management Agency- (FEMA) comment on the effects that a proposed project would have on the effective Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) report for your communiby in accordance with Part 65 of the National Flood Insurance Program (NFIP) regulations. In a request dated April 23, 2010, Mr. Bill Webster, of the Town of Chapel Hill, Parks and Recreation, requested that FEMA evaluate the effects that the proposed Chapel Hill Greenway Extension Project would have on the flood hazard information shown on the effective FIRM and FIS report. The proposed 4,000 -foot greenway extension will connect Umstead Park to the existing Bolin Creek greenway located immediately downstream of the Martin Luther King Jr. Boulevard crossing. The project rill include the addition of fill, the addition of a footbridge, replacement of an existing footbridge, and removal of an existing bridge over Bolin Creek. Also, a pedestrian underpass will be added at the Pritchard Avenue Extension culvert crossing. The greenway will run generally parallel to Bolin Creek. The proposed project will impact flooding along Bolin Creek from a point approximately 220 feet downstream of Martin Luther King Jr. Boulevard to a point approximately 500 feet downstream of Village Drive. The area of the proposed project is shown on North Carolina FIRM numbers 3710978900J and 3710978800J, dated February 2, 2007. All data required to complete our review of this request for a CLOMR were submitted with letters from Mr. Webster. To determine the changes in flood hazards that will be caused by the proposed project, we compare the hydraulic modeling reflecting the proposed project (referred to as the proposed conditions model) to the hydraulic modeling used to prepare the FIS (referred to as the effective model). If the effective model does not provide enough detail to evaluate the effects of the proposed project, an existing conditions model must be developed to provide this detail. This existing conditions model is then compared to the effective model and the proposed conditions model to differentiate increases or decreases in flood hazards caused by more detailed modeling from increases or decreases in flood hazards that will be caused by the proposed project. We reviewed the submitted data and the data used to prepare the effective FIRM and FIS report for your community and determined that the proposed project meets the minimum floodplain management criteria of the NFIP. The submitted existing conditions HEC -RAS hydraulic computer model, dated February- 14, 2011, was used as the base conditions model in our revietir of the'proposed conditions model for this CLOMR request. We believe that, if the proposed project is constructed as shown on the submitted plans entitled "Bolin Creek Greenway Phase III," dated September 28, 2010, certified September 28, 2010, 104 prepared by Lappas & Havener, PA, and the certified topographic work map entitled "Proposed Conditions Site Map", dated March 23, 2011, certified March 24, 2011, prepared by Soil & Environmental Consultants, PA, and the data listed below are received, a revision to the FIRM and FIS report would be warranted. The submitted existing conditions HEC -RAS hydraulic model used more up-to-date topographic information and survey data than the effective model. When compared to the effective model, the existing conditions model reflects increases and decreases in the Base (1 -percent annual chance) Flood Elevations (BFEs) along Bolin Creek, with a maximum increase of 1.1 feet at a point approximately 980 feet upstream of Pritchard Avenue Extension and a maximum decrease of 0.7 foot at a point approximately 580 feet upstream of Martin Luther King Jr. Boulevard. The proposed conditions model incorporates the proposed project into the existing conditions model. When we compared the existing conditions model to the proposed conditions model, we determined that the proposed project will cause increases and decreases in BFEs along Bolin Creek, with a maximum increase of 2.6 feet at a point approximately 470 feet upstream of Martin Luther King Jr. Boulevard and maximum decrease of 2.7 feet at a point approximately 480 feet upstream of Pritchard Avenue Extension. The updated existing conditions and proposed project will have the following impacts: Base Flood Elevations When compared to the effective model, the proposed conditions model reflects increases and decreases in BFEs along Bolin Creek, with a maximum BFE increase of 4.0 feet at a point approximately 70 feet upstream of Martin Luther King Jr. Boulevard and a maximum BFE decrease of 2.7 feet at a point approximately 480 feet upstream of Pritchard Avenue Extension. 1 -Percent Annual Chance Floodplain When compared to the effective data, the width of the Special Flood Hazard Area (SFHA), the area that would be inundated by the base flood, along Bolin Creek will increase and decrease. The maximum SFHA increase of 60 feet will occur just upstream of Martin Luther King Jr. Boulevard and a maximum SF14A decrease of 90 feet will occur at a point approximately- 980 feet upstream of Pritchard Avenue Extension. E6du�ay When compared to the effective data, the width of the floodway will increase and decrease along Bolin Creek, with a maximum increase of 50 feet at a point approximately 210 feet downstream of Pritchard Avenue Extension and a maximum decrease of 40 feet at a point approximately 170 feet downstream of Martin Luther King Jr. Boulevard. Upon completion of the project, your community must submit the data listed below and request that we make a final determination on revising the effective FIRM and FIS report. • With this request, your community has complied with all requirements of Paragraph 65.12(a) of the NFIP regulations. Compliance with Paragraph 65.12(b) also is necessary before FEMA can issue a Letter of Map Revision when a community proposes to permit encroachments into the effective regulatory floodway that will cause increases in BFE in excess of those permitted under Paragraph 60.3 (d)(3). Please provide evidence that your community has, prior to approval of the proposed encroachment, adopted floodplain management ordinances that incorporate the increased BFEs and revised floodway boundary delineations to reflect post -project conditions, as stated in Paragraph 65.12(b). it Detailed application and certification forms, which were used in processing this request, must be used for requesting final revisions to the maps. Therefore, when the map revision request for the area covered by this letter is submitted, Form 1, entitled "Overview & Concurrence Form," must be included. + The detailed application and certification forms listed below may be required if as -built conditions differ from the preliminary plans. If required, please submit new forms or annotated copies of the previously submitted forms showing the revised information. Form 2, entitled "Riverine Hydrology & Hydraulics Form" Form 3, entitled "Riverine Structures Form" Hydraulic analyses, for as -built conditions, of the base flood; the 10 -percent, 2 -percent, and 0.2 -percent annual chance floods; and the regulatory floodway, together with a certified topographic work map showing the revised floodplain and floodway boundaries, must be submitted with Form 2. Effective January 13, 2010, FEMA revised the fee schedule for reviewing and processing requests for conditional and final modifications to published flood information and maps. Under this schedule, FEMA has not changed the initial fee for processing map revision requests involving structural measures on alluvial fans. The initial fee for this map revision request will be $5,000 and must be received before we can begin processing the request. Payment of this fee shall be made in the form of a check or money order, made payable in U.S. funds to the National Flood Insurance Program , or by credit card (Visa or MasterCard only-). The payment, along with the revision application, must be forwarded to the following address: Using U.S. Postal Service: Using Overnight servire: North Carolina MT -2 LOMC Depot NC MT -2 LOMC- Collection System Administrator P.O. Box 300025 c/o Dewberry & Davis, Inc. Raleigh, North Carolina 27622-0025 2301 Rexwoods Drive, Suite 200 Raleigh, North Carolina 27607 a As -built plans, certified by a registered professional engineer, of all proposed project elements. a Evidence of notification of the property owners impacted by increases in the BFEs, SFHA widths, and floodway widths along Bolin Creek. The property owners' written acceptance of the increases is required for the LOMR to become effective on the date of issuance. A copy of the public notice distributed by your community stating its intent to revise the regulatory floodway, or a statement by your community that it has notified all affected property owners and affected adjacent jurisdictions. After receiving appropriate documentation to show that the project has been completed, FEMA will initiate a revision to the FIRM and FIS report. The North Carolina Floodplain Mapping Program (NCFW) will review all revision requests in accordance with an agreement signed with FEMA under the FEMA Cooperating Technical Partners initiative. For more information on this initiative, we encourage you to visit the dedicated portion of the FEMA Flood Hazard Mapping website at http.• '' e &2wjil�!preventtfhm.`ctg main.shtm or visit the NCFMP website at h_i rw_ ttc f oodmaRs.com. Because the BFEs would change as a result of the project, a 90 -day appeal period would be initiated, during which community officials and interested persons may appeal the revised BFEs based on scientific or technical data. The basis of this CLOMR is, in whole or in part, a bridge project. NFIP regulations, as cited in Paragraph 60.3(b)(7), require that communities assure that the flood -carrying capacity within the altered or relocated portion of any watercourse is maintained. This provision is incorporated into your community's existing floodplain management regulations. Consequently-, the ultimate responsibility for maintenance of the bridges rests with your community. This CLO}1R is based on minimum floodplain management criteria established under the NFIP, Your community is responsible for approving all floodplain development and for ensuring all necessary permits required by Federal or State law have been received. State, county, and community officials, based on. knowledge of local conditions and In the interest of safety, may set higher standards for construction in the 1 -percent annual chance floodplain.. If the State, county, or community has adopted more restrictive or comprehensive floodplain management criteria, these criteria take precedence over the minimum NFIP criteria. If you have any questions regarding floodplain management regulations for your community or the NFIP in general, please contact the Consultation Coordination Officer (CCO) for your community, Information on the CCO for your community may be obtained by calling the Director, Federal Insurance and Miti tion Division of FEMA in Atlanta, Georgia, at (770) 220-5400. If you have any technical questions regarding this CLONIR, plum contact the NCFMP at (919) 715.5711 ext. 118, or the FEMA Map_ Information eXchange (FMIX), toll ftee, at 1477 -FEMA MAP (1-877-336-2627). Sincerely, U—&'W'k a I L*� Beth A. Norton, Program Specialist For., Luis Rodriguez, P,E,, Chief Engineering Management Branch Engineering Management branch Federal Insurance and Mitigation Administration Federal Insurance and Mitigation Administration BOLIN CREEK GREENWAY-PHASE III S&EC Project # 9516.W4 June 5, 2018 BOLIN CREEK GREENWAY-PHASE III S&EC Project # 9516.W4 June 5, 2018 . f r '� `. rv�� 'l j''�� *I{'.�. 4T�"5•TI�TMIT"'. rxi��xrai.4 '�' %,*?! II 1fy'1 ijl' I• A .'�''JS� 4�'1 .1.�: I BOLIN CREEK GREENWAY-PHASE III S&EC Project # 9516.W4 June 5, 2018 r ee nr vl i14.,.rti Y r $ rA 7� * "P3 f �_•.i,,,y ��' '!�F tom„_ 4 I� r 3F - �JJff•�aa��JJ44 �. -�3 '� � ��'�7-.- ' ' yam•-*_F .'�� �� f �_•.i,,,y ��' '!�F tom„_ 4 I� r START PROJECT 10' SNIDE CONCRETE TRAIL IWUE I�TEAD PARK sHU T i �MrwacDkcFr-LMREYEpRpF TO BE YE -13 toDAID Qwl� ERIUM '"C+ WW 7'*cmvD. CWFL PRW LA C;b Surf a r -p- 1. TOWN OF CHAPEL HILL BOLIN CREEK GREENWAY PHASE III RE E=Tlr9i3 CUL h STS Ff EMSMEI YIAL3LR7- pebUTSOADRIrm 'o 1 END lr PRCUE-1: Al L�ATWG lu 2A& 'An Aull I I 1 9 SCALES 1'= 120' I.F. SCE UM "IE MAT T7.2m }Cam ffl.ow wf,i,.ME Q%E h&i = COMMACT I MAWM OVERALL PLAN 111E 41MOP�R MUMMER vast IDF UIACMM TPA& liMNYVE EXISTING GREENWAY ENTRANCE r OUTFALL AT 0 =-XlrTlNG 4r cLmmf.RT Ar ccINCE21- rt Sjrj%R3 TOWN OF CHAPEL HILL BOLIN CREEK GREENWAY PHASE III RE E=Tlr9i3 CUL h STS Ff EMSMEI YIAL3LR7- pebUTSOADRIrm 'o 1 END lr PRCUE-1: Al L�ATWG lu 2A& 'An Aull I I 1 9 SCALES 1'= 120' I.F. SCE UM "IE MAT T7.2m }Cam ffl.ow wf,i,.ME Q%E h&i = COMMACT I MAWM OVERALL PLAN 111E 41MOP�R MUMMER vast IDF VICINITY MAP: TOWN OF CHAPEL HILL — SThRT PROJECT UMSTEAD PARK 10' WIDE CONCRETE TRAIL, TYPICAL € } -= UNIVERSITY GARDENS APARIFIENTS i # r{ . e r ae . COMPLETED PORTION OF PROJECT 1 ��r+tijGTE flak � CUWERT UyOF.RCRiISSrxPi REFER TO SHEETS 2,3114 FOR REMAINING IMPACTS I =v 1 Y j _ { lirrr 3 I f III{ 4 11 TFPD� iLL4EP.Ty OVERALL SITE PLAN D 150 SCALE: 1'= 300' Surface Surface 678, P.A. 215 Morris Street, Suite 150 Durham, NC 27701 www.surface678.com p: 919419-1199 f : 919-419-1669 DATE ■ MAY 31,201E DRAWN ■ GB CHECKED ■ GB SHEET 1 OF 4 BRIDGE •2: NO IMPACT r - bib Z. .. THIS PORTION OF TRAIL FOLLOWS NEW INTERCEPTOR CURRENTLY LLY SEWER UNDER NOTE ON EXISTING OUTFALL: THE OUTFALL SHOWN AT THIS LOCATION IS A REPLACEMENT OF AN EXISTING 42" RCP OUTFALL HAVING A CONCRETE APRON. THE EXISTING 42" PIPE WILL BE CUT BACK TO ALLOW THE TRAIL TO PASS IN FRONT OF IT. THE DISCHARGE FROM THE OUTFALL WILL BE CONVEYED BENEATH THE TRAIL IN SHALLOW (24" HIGH) BOX CULVERTS. A RIP -RAP APRON IS, REQUIRED BETWEEN THE 1 3,", 1h, IMPACT 5 CREEK RELOCATION IMPACT: Surface Surface 678, P.A. 215 Morris Street, Suite 150 Durham, NC 27701 w .surface678.com p: 919-419-1199 f: 919-499-1669 I I� I� H W m (l H Q X [ W LL � Ft ff l__/ LL Q A i} Q z16r WHA o L1J z J cr W D. o z w H ILL J LL D 0 0 m W DATE ■ MAY 31, 2018 SCALE: 1"=40'-O" 0 20 40 80 120 SHEET 2 OF 4 5, a -WEIR PLA f MEN I i N 0 CHANNEL (IMPACT: 201 SF) CL �- 310 Surface 678, P.A. 215 Morris Streel, Suite 150 Durham, NC 27701 www.surface678.com - i rl - - - — p: 919-419-1199 i - f:919-419-1669 C(JN-_304 302 ,--� Co I U = _ _ W m O ------ IMPACT 5 x CHANNEL = EXCAVATION AND FILL LLJocX CL .74 4254 799 v=l I- Y - Tt - `- TOE. W a Z II, I 4 I W - ----------- PLAN - SCALE: 1"=20'-0"Y W CULVERT 31d0 10 �o 40 60� 31-3 EXISTING MARTIN LUTHER KING BOULEVARD CULVERT <I 312 — - - H LLJ LL 311 W LL 310 z 2.00' O ::D m m NCDOT BRIDGE "670015 ACROSS BOLIN CREEK. SINGLE 36'X 15'-6" RC ARCH. 84'-0" ALONG CENTERLINE OF CULVERT. NOTE: NCDOT GUIDELINES REQUIRE HEADROOM OF 6' MINIMUM AT A DISTANCE OF 4'-0" FROM CENTERLINE OF TRAIL. CLEARANCE SHOWN EXCEEDS THIS REQUIREMENT BY 1'-0". INSTALL WARNING STRIPING ON EDGE OF CONCRETE CULVERT TO ALERT RIDERS OR LIMITED HEADROOM AT CULVERT. —BOULDERS TO PROTECT egg _ FOOTING OF EXISTING DATE ■ MAY 31, 2018 CULVERT 297 — — f' f DRAWN ■ t113 29FY - — FmeA-Ff) ,295 i I Jn1 :ihPE iCHECKED ■ GB + IN CULVERT WRAPPED IN NONWOVEN 12 -OUNCE 1 SECTION (LOOKING DOWNSTREAM) GEOTEXTILE — 36'-0" I SCALE: 1"=5' 3 D 9 308 301 306 305 304 30,3 302 X 0 7 SHEET 3 OF 4 8.00' r JRAU I TR WIT IN Pb EDGE w PROPOSED BOULDER EDGE LL' ' T Th�C -CRAB $ — IST MOVE�IS TO BE REQ 1 _ - EXISTING GRADE IN CULVERT -PROPOSED GRADE FOR ' SHEET 3 OF 4 OPEN TSRag 321.63 TOP„OF��I_E TO cl _— R IMPACTS AREA MZONE 1: PERMANENT N/A im ZONE 1: TEMPORARY 970 SF ® ZONE 2:PERMANENT N/A ® ZONE 2:TEMPORARY N/A .�KNMX WALL IMPACT AREA 0 Surface Surface 678, P.A. 215 Morris Street, Suite 150 Durham, NC 27701 www.surface678.com p: 919-419-1199 f: 919-419-1669 BUFFER IMPACTS AREA 0 ZONE 1: PERMANENT 1721 SF ® ZONE 1: TEMPORARY 2419 SF ® ZONE 2:PERMANENT 1289 SF ® ZONE 2:TEMPORARY 3582 SF BUFFER IMPACT TOTALS THIS SHEET ZONE 1: PERMANENT 1721 SF ® ZONE 1: TEMPORARY 3389 SF WOODS ZONE 2:PERMANENT L-1 m ZONE 2:TEMPORARY 3502 SF U —, x r -w k I] O � O U r Cr } au 0 40 r` W�M tri --- YY�_�7�-z Q m 0bko —i LLJ 1 I Q 1 � - C � O Lij EXISTING OWASA CORRIDOR IS 20' WIDE, CENTERED ON THIS SANITARY SEWER LINE. I—I O LL I W BUFFER IMPACTS AREA 0 ZONE 1: PERMANENT 1721 SF ® ZONE 1: TEMPORARY 2419 SF ® ZONE 2:PERMANENT 1289 SF ® ZONE 2:TEMPORARY 3582 SF BUFFER IMPACT TOTALS THIS SHEET ZONE 1: PERMANENT 1721 SF ® ZONE 1: TEMPORARY 3389 SF ® ZONE 2:PERMANENT 1289 SF ® ZONE 2:TEMPORARY 3502 SF SCALE: I"=40' -O" a 20 40 so 120 DATE ■ iNAY 31, 2018 DRAWN ■ GB CHECKED ■ GB SHEET 4 OF 4