20090613 Ver 1_More Info Received_20090702

North Carolina
Beverly Eaves Perdue, Governor
July 2, 2009
Ms. Cyndi Karoly
North Carolina Division of Water Quality
2321 Crabtree Boulevard, Suite 250
Raleigh, NC. 27604
Dee Freeman, Secretary
Natural Reso'?t 2
os21 T?? Q9
?'?Nel
Lewis Ledford, Dire
RE: Riparian Buffer Authorization Request Updated Submittal (DWQ Project # 2009-0613)
Laurel Bluffs Phase 2 Trail (MST)
Eno River State Park
Dear Ms. Karoly:
Per your Request For More Information dated June 5, 2009, and subsequent correspondence with Amy Chapman of your
office, please find five copies of our site plan maps, a revised Pre-Construction Notification for a Riparian Buffer
Authorization, and email correspondence associated with the above-referenced project. The proposed project involves
construction of a natural surface hiking trail in the eastern portion of Eno River State Park in Durham and Orange
Counties, NC. The proposed trail will span no greater than 6 feet in width, extend approximately 2.5 miles, and will be
designated as part of the Mountains-To-Sea trail system.
The amount of Zone 1 impacts to the wooded riparian buffer adjacent to the Eno River that may be impacted by trail
construction have been reduced from approximately 10,291 ft2 to 7,512 ft2 while Zone 2 impacts have increased from
23,992 ft2 to 25,628 ft2. Significant portions of the initial trail alignment have been relocated outside of the 50' riparian
buffer to reduce impacts. However, proposed impacts to the riparian buffer are necessary due to topographic constraints,
adjoining property encroachment, and recreational opportunity to experience the Eno River.
Your office has already received a GIS parcel overlay map and associated spreadsheet reflecting land ownership within
the project area that was included as part of our initial Buffer Authorization Package dated May 27, 2009. Please do not
hesitate to contact me if you require additional information.
Sincerely,
C"'? '?.
Amin K. Davis
Environmental Review Coordinator
Division of Parks and Recreation, Natural Resources Program
North Carolina Department of Environment and Natural Resources
[phone]
1615 Mail Service Center, Raleigh, North Carolina 27699-1615
Phone: [phone] \ FAX: [phone] \ Internet: www.ncparks.gov
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Department of Environment and
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U? VVQ'? Corps action ID no.
/I!J DWQ project no.
??k?sFRn 9 C?/ Form Version 1.3 Dec 10 2008
Pre-Construction No ion PCN Form
A. Applie"VO Information
1. Processing
1 a. Type(s) of approval sought from the
Corps:
? Section 404 Permit El Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number:
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
because written approval is not required? For the record only for DWQ 401
Certification:
? Yes ® No For the record only for Corps Permit:

? Yes ® 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 ® No
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: Laurel Bluffs Trail Phase 2 (MST @ ENRI)
2b. County: Durham & Orange
2c. Nearest municipality / town: Durham
2d. Subdivision name:
2e. NCDOT only, T.I.P. or state
project no:
3. Owner Information
3a. Name(s) on Recorded Deed: Project area is comprised of several parcels. Please see attached map & spreadsheet.
3b. Deed Book and Page No.
3c. Responsible Party (for LLC if
applicable):
3d. Street address:
3e. City, state, zip:
3f. Telephone no.:
3g. Fax no.:
3h. Email address:
Page I of 11
PCN Form - Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: ® Agent ? Other, specify:
4b. Name: NCDENR, Division of Parks and Recreation (c/o Eno River State Park)
4c. Business name
(if applicable):
4d. Street address: MSC 1615
4e. City, state, zip: Raleigh, NC. 27699-1615
4f. Telephone no.: [phone]
4g. Fax no.: [phone]
4h. Email address: [e-mail]
5. Agent/Consultant Information (if applicable)
5a. Name: N/A
5b. Business name
(if applicable):
5c. Street address:
5d. City, state, zip:
5e. Telephone no.:
5f. Fax no.:
5g. Email address:
Page 2 of 11
PCN Form - Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): Please see attached map & spreadsheet.
1 b. Site coordinates (in decimal degrees): Latitude: 36.0564 Longitude: - 78.9824
(DD.DDDDDD) (-DD.DDDDDD)
1c. Property size: 4,139 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to Eno River
proposed project:
2b. Water Quality Classification of nearest receiving water: WS-IV,B; NSW
2c. River basin: Neuse
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The vast majority of Eno River State Park is forested with typical recreational facilities including trails, campgrounds,
picnic areas, and a park office. General land use in the vicinity of the project is recreational and undeveloped with
residential areas adjacent to the park boundary.
3b. List the total estimated acreage of all existing wetlands on the property:
0.53 (per NWI wetland mapping; not including Eno River surface waters)
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
146,015' per USGS GIS mapping
3d. Explain the purpose of the proposed project:
Trail construction
3e. Describe the overall project in detail, including the type of equipment to be used:
MST trail will be an unpaved natural surface of 4' in width with limited trimming 1' on each side of the 4' trail alignment.
Proposed trail construction would be with volunteers using hand tools; some chain saw work would be required to remove
downed logs, and this would be done only by individuals trained in chain saw use and with appropriate protective gear.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
? Yes ®No ? 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:
Name (if known): Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
5. Project History
5a. Have permits or certifications been requested or obtained for ? Yes ? No ® Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
Page 3 of 11
PCN Form - Version 1.3 December 10, 2008 Version
6. Future Project Plans
6a. Is this a phased project? ® Yes ? No
6b. If yes, explain.
A prior phase of this trail was constructed east of this project, beginning at Guess Road and ending at the eastern-most
portion of this proposed trail alignment. Future project plans have not been determined at this time.
Page 4 of 11
PCN Form - Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1a. Which sections were completed below for your project (check all that apply):
? Wetlands ? Streams - tributaries ® Buffers
? Open Waters ? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Temporary T
W1 ? P ? T ? Yes ? Corps
? No ? DWQ
W2 ? P ? T ? Yes ? Corps
? No ? DWQ
W3 ? P ? T ? Yes ? Corps
? No ? DWQ
W4 ? P ? T ? Yes ? Corps
? No ? DWQ
W5 ? P ? T ? Yes ? Corps
? No ? DWQ
W6 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts 0
2h. Comments: Wetland impacts not anticipated.
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number - (PER) or (Corps - 404, 10 stream length
Permanent (P) or intermittent DWQ - non-404, width (linear
Temporary (T) (INT)? other) (feet) feet)
S1 ? P ? T ? PER ? Corps
? INT ? DWQ
S2 ? P ? T ? PER ? Corps
? INT ? DWQ
S3 ? P ? T ? PER ? Corps
? INT ? DWQ
S4 ? P ? T ? PER ? Corps
? INT ? DWQ
S5 ? P ? T ? PER ? Corps
? INT ? DWQ
S6 ? P ? T ? PER ? Corps
? INT ? DWQ
3h. Total stream and tributary impacts 0
3i. Comments: Stream impacts not anticipated.
Page 5 of 11
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 individually 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 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
4E Total open water impacts 0
4g. Comments: Open water impacts not anticipated.
5. Pond or Lake Construction
If and or lake construction proposed, then com lete the chart below.
5a.

Pond ID 5b.

Proposed use or purpose of 5c.
Wetland Impacts (acres) 5d.
Stream Impacts (feet) 5e.
Upland
(acres)
number pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5f. Total
5g. Comments: N/A
5h. Is a dam high hazard permit required?
? Yes No If yes, permit ID no:
5i. Expected pond surface area (acres): N/A
5j. Size of pond watershed (acres): N/A
5k. Method of construction: N/A
Page 6of11
PCN Form - Version 1.3 December 10, 2008 Version
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.
® Neuse ? Tar-Pamlico ? Other:
Project is in which protected basin? ? Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number - Reason for Buffer Zone 1 impact Zone 2 impact
Permanent (P) impact Stream name mitigation (square feet) (square feet)
or Temporary required?
T
B1 ®P ? T ConstTrail ruction Eno River ® Nos 7,512 25,628
B2 ? P ? T ? Yes
? No
B3 ?P?T ?Yes
? No
6h. Total buffer impacts 7,512 25,628
6i. Comments:
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Significant portions of initial trail alignment have been moved outside of the 50' riparian buffer, trail width is minimized, and trail
surface will consist of existing natural material to avoid the addition of impervious surfaces.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Significant portions of trail alignment sited in existing foot paths. Trail surface will consist of existing natural material to avoid
the addition of impervious surfaces. Vegetation clearing will be minimal and done using hand tools. Stream crossings/bridges
will be constructed in upland areas to avoid impacts to jurisdictional waters. Appropriate measures to minimize sediment and
erosion will be implemented.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for ? Yes ® No
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps
? Mitigation bank
2c. If yes, which mitigation option will be used for this project? ? Payment to in-lieu fee program
? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter) Type Quantity
Page 7 of 11
PCN Form - Version 1.3 December 10, 2008 Version
3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ? Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold
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.
N/A
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 ® 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).
N/A
6h. Comments:
Page 8 of 11
PCN Form - Version 1.3 December 10, 2008 Version
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified ® Yes ? No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
? Yes No
Comments: Not required per consultation with Amy Chapman (NC DWQ staff).
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? <1 %
2b. Does this project require a Stormwater Management Plan? ? Yes ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Well below required threshold.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
? 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? N/A
? Phase II
3b. Which of the following locally-implemented stormwater management programs ? NSW
? 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

4a.
Which of the following state-implemented stormwater management programs apply ? HQW
? ORW
(check all that apply): ? Session Law 2006-246
® Other: N/A
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? ? Yes ? No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No
5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No
Page 9 of 11
PCN Form - Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ® Yes ? No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ? Yes ® No
(North Carolina) Environmental 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
letter.) ? Yes ? No
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 213 .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):
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.
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 10 of 11
PCN Form - Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ? Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes ® No
impacts?
El 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?
GIS file provided by the NC Natural Heritage Program.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
Consultation with Ron Sechler (NOAH staff).
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?
Consultations with NC State Historic Preservation Office staff.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? FNyes ? No
8b. If yes, explain how project meets FEMA requirements: Consultations with Durham and Orange County Floodplain
Administrators will continue pending final stream crossing/bridge designs.
8c. What source(s) did you use to make the floodplain determination? GIS data provided by http://www.ncfloodmaps.com/
Amin Davis 7/2/09
Applicant/Agent's Printed Name Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant
is rovided.
Page 11 of 11
PCN Form - Version 1.3 December 10, 2008 Version
From: Chapman. Amy
To: Davis. Amin
Subject: RE: Eno Rvr SP- MST Buffer Impact Drawings
Date: Tuesday, June 30, 2009 9:26:08 AM
Sounds good Amin.
Since we're closed Friday, I won't get to it until Monday or Tuesday.
-Amy
From: Davis, Amin
Sent: Tuesday, June 30, 2009 9:20 AM
To: Chapman, Amy
Subject: RE: Eno Rvr SP- MST Buffer Impact Drawings
AMY,
Thank you for your reply. I'm planning to have the revised maps delivered to your office by
mid-day Thurs.
Amin
Amin Davis
I nvironrrieiital Review Coordinator
NC D[ NR, Oivision of Parks & tech :? 'o, katural Resourc ini
V C: 1615
:;.; i;;?ti, NC. 271
-
0: ice: 917-715-7584
C, I, ,>r,", 1
,ov
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from this address may be sobject to he North Carohr:a Public
?w rr :;y . third Parties.
` Please consider the environment before printing this e-mail
From: Chapman, Amy
Sent: Tuesday, June 30, 2009 8:46 AM
To: Davis, Amin
Cc: Amoroso, John
Subject: RE: Eno Rvr SP- MST Buffer Impact Drawings
Amin,
Looks good except we need to see the square footage of impacts to zone 1 and zone 2 written on
each impact drawing. Thanks.
-Amy
From: Davis, Amin
Sent: Friday, June 26, 2009 2:05 PM
To: Chapman, Amy
Cc: Amoroso, John
Subject: RE: Eno Rvr SP- MST Buffer Impact Drawings
Importance: High
AMY,
I've attached a Draft copy of drawings depicting NR Buffer impacts associated with our
proposed project per the attached RAI from your office. Can you look them over and let me know
if they fulfill the requirements of your RAI before we submit Final sets? Per your RAI, our deadline
for Final submission is 7/5/09 but we will need to submit them to you by this Wed 7/2 due to the
4th of July holiday weekend.
Thank You,
Amin
Rcview Coordinator
_iir:,ion of Parks & Recreation, Natural Resources Prggraw
)7699--1515
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` Please consider the environment before printing this e-mail
From: Chapman, Amy
Sent: Monday, May 04, 2009 9:28 AM
To: Davis, Amin; Amy Chapman
Cc: Strong, Brian
Subject: RE: [Fwd: Eno River SP- MST & Neuse Buffer Rules]
Morning Amin.
If any of the trail is in Zone 1, we will put the project on hold by sending a letter requesting the
plan be revised with no Zone 1 impacts.
I can't make any promises on the project being permitted by June 6, 2009. But I can say we aren't
severely backlogged at this moment.
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Zone 2 Impact
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Buffer Zones
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Zone 2
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Zone 1 Impacts 4413 sq ft
Zone 2 Impacts 3631 sq ft

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Mountains-to-Sea Trail State Park
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Zone 1 Impact 2' contour
Zone 2 Impact
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Zone 1 Impact 2' contour
Zone 2 Impact Buffer Zones
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Zone 2
Eno River State Park
Mountains-to-Sea Trail '` state Park
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Zone 1 Impact 2' contour
Zone 2 Impact Buffer Zones
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Zone 1 Impact
Zone 2 Impact
- - - - Outside Buffer
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Buffer Zones
Zone 1
Zone 2
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