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HomeMy WebLinkAbout20060227 Ver 1_COMPLETE FILE_20060213OF W ATFR0 William G. Ross Jr., Secretary \p 0 North Carolina Department of Environment and Natural Resources r Alan W. Klimek, P.E., Director > .? a K Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality May 16, 2006 DWQ Project # 06-0227 Wake County CERTIFIED MAIL: RETURN RECEIPT REQUESTED Mr. Joe Godfrey Cary Parks & Recreation Town of Cary P.O. Box 8005 Cary, NC 27512 Subject Property: Regency Park Greenway Extension Regency Lake [030402, 27-33-2.5, WSIII, NSW] WAIVER of 401 Water Quality Certification and Authorization Certificate per the Neuse River Buffer Protection Rules (15A NCAC 2B.0233) Dear Mr. Godfrey: Your application dated February 7, 2006, for a 401 Water Quality Certification was received in the Central Office on February 13, 2006. According to our rules [15A NCAC 2H .0507 (A)], if final action is not taken within 60 days, the Certification is waived unless DWQ has objected in writing to your application. Therefore, DWQ has waived the requirement for a 401 Water Quality Certification for your plans to permanently impact 0.05 acres of wetland. Additionally, this letter will act as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 213 .0233, since you proposed impacts to 18,574 square feet of Zone 1 Neuse River basin protected riparian buffer and 13,504 square feet of Zone 2 Neuse River basin protected riparian buffer to construct the Regency Park Greenway extension which is allowable under the Neuse River buffer rules. However if additional impact occurs or your development plans change, this waiver is no longer valid and a 401 Water Quality Certification will be required. Please call Ms. Cyndi Karoly or Mr. Ian McMillan at 919-733-1786 if you have any questions regarding this waiver. Sincerely, Cyndi Karoly, Supervisor 401 Oversight/Express Review Permitting Unit 4A tt Z6EM N. C. Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) (919) 733-1786 (phone), 919-733-6893 (fax), (hup://h2o.enr.state.nc.us/nc%retlands Town of Cary Page 2 of 2 May 16, 2006 CBKIi m cc: Kevin Martin, Soil & Environmental Consultants, P Eric Kulz, DWQ Raleigh Regional Office USACE Raleigh Regulatory Field Office File Copy Central Files Paul Rawls, DWQ, Archdale Building A., 11010 Raven Ridge Road, Raleigh, NC 27614 060227RegencyParkGreenwayExt(Wake)Waiver_401 2 0 0 6 0 2 2 7 O - Soil & Environmental Consultants, PA 11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467 www.SandEC.com February 3, 2006 S&EC Project # 9071.W2 To: US Army Corps of Engineers N.C. Division of Water Quality Raleigh Regulatory Field Office 401 Oversight and Express Permits Unit Attn: Monte Matthews Attn: Cyndi Karoly 6508 Falls of the Neuse Road, Suite 120 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27615 Raleigh, NC 27604-2260 From: Kevin Martin Soil & Environmental Consultants, PA 11010 Raven Ridge Road Raleigh, NC 27614 Re: Regency Park Greenway Extension Cary, Wake County, NC a g@FgdT= 5 FEB 1 3 Za06 DPI++i=V?'t1El4 Uk1?L11Y yat On behalf of the owner, the Town of Cary, please find attached a complete application and supplemental information requesting written concurrence from the U.S. Army Corps of Engineers (USAGE) and the N.C. Division of Water Quality (DWQ) that the activities proposed below may proceed under Nationwide Permit 39 and General Water Quality Certification 3402 and Approval Under the Neuse River Riparian Buffer Rules. Please contact me at (919) 846-5900 if you have any questions or require additional information. PROJECT SUMMARY Project Name Regency Park Greenwa Extension Project Type Public Greenwa Owner / Applicant Town of Cary, NC Count Wake Nearest Town Ca Waterbod Name UT to Swift Creek/Regency Lake Basin / Sub-basin 030402 Index Number 27-43-2.5 Class `'VS-III; NSW IMPACT SUMMARY Stream Impact (acres): 0 Wetland Impact (acres): 0.05 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0.05 Total Stream Loss (linear feet): 0 Attachments: Pre-construction Notification (PCN) Application Form Apex, NC - USGS Map Wake County Soil Survey Map - Sheet No. 66 Impact Maps (1 overall 11x17, 4 insets) Application fee to DWQ -not required Courtesy 401 Charlotte Office: Greensboro Office: 236 LePhillip Court, Suite C 3817-E Lawndale Drive Concord, NC 28025 Greensboro, NC 27455 Phone: (704) 720-9405 Phone: (336)540-8234 Fax: (704) 720-9406 Fax: (336)''540-8235 I FFR 1 3 2006 tte„ REN - WATER QuA1 irv . --u+0 ANN 5LWM'ATER PRA 1)c1j Office Use Only: Form Vcrsion March 05 2nn80 7 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ® Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ? Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: 39 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ? If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ? II. Applicant Information 1. Owner/Applicant Information Name: Town of Cary Mailing Address: c/o Joe Godfrey, Cary Parks & Recreation P.O. Box 8005 Cary, NC 27512 Telephone Number: 919.469.4034 Fax Number: 919.460.4935 E-mail Address: joe. o?yna townofcary.org 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Naive: Kevin Martin Company Affiliation: Soil & Environmental Consultants, PA Mailing Address: 11010 Raven Ridge Road Raleigh, NC 27614 Telephone Number: 919.846.5900 Fax Number: 919.846.9467 E-mail Address: kmartinPsandec.com Page 1 of 9 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Regency Park Greenway Extension 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 0761096786 4. Location County: Wake Nearest Town: Cary Subdivision name (include phase/lot number): Directions to site (include road numbers/names, landmarks, etc.): The proposed project will extend from S rMphony Lake Regency Lake on the USGS to a proposed intersection with Regency Parkway. 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 35.7282° N 78.8026° W N W 6. Property size (acres): The proposed greenway extension is approximately 1,200 feet long. 7. Name of nearest receiving body of water: Regency Lake (drains into Swift Creek) 8. River Basin:Neuse: HUC 03020201; Sub-basin 030402; Index # 27-43-2.5: WS-111; NSW (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http:/ih2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The site is forested, and is surrounded by undeveloped land, and residential and commercial developments. The trail follows an existing sewer easement. Page 2 of 9 10. Describe the overall project in detail, including the type of equipment to be used: The proposed project will extend Regency Park Greenwav from Symphony Lake to an intersection with Regency Parkway. Standard grading and other heavy equipment normally required for greemvay trail construction will be used. 11. Explain the purpose of the proposed work: The proposed project is on the Town of CM Greenwav plan and will allow the town to accommodate existing and future pedestrians from existing residential and commercial areas as well as future developments nearby. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued pennits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. S&EC delineated streams and wetlands on site in October 2004 and March 2005. NC DWQ confirmed buffer start points in a letter dated 30 November 2004 (DWQ EXP 04-1821). Kevin Martin of S&EC discussed proposed methodology for delineating wetlands within the disturbed sewer line easement with Jean Manuele of the USACE in the fall of 2005. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. No additional permit requests are anticipated for the extension of Regency Park Greenwav at this time. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Page 3 of 9 1. Provide a written description of the proposed impacts: The applicant proposes one aerial stream crossing by bridge and one small wetland fill within a sewer line easement. 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain es/no Distance to Nearest Stream linear feet Area of Impact (acres) 1 Fill/Culvert Herbaceous No 30' 0.05 Total Wetland Impact (acres) 0.05 3. List the total acreage (estimated) of all existing wetlands on the property: <0.5 ac within trail corridor 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage, multiply length X width, then divide by 43.560. Stream Impact Number indicate on ma Stream Name Type of Impact Perennial or Intermittent? Average Stream Width Before Impact Impact Length linear feet Area of Impact acres Total Stream Impact (by length and acreage) 0 0 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dredging, flooding, drainage, bulkheads, etc. Open Water Impact Site Number indicate on ma Name Waterbody (if applicable) e) ap Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. Area of Impact acres NA NA NA NA NA Total Open Water Impact (acres) NA Page 4 of 9 6. List the cumulative impact to all Waters of the U.S. resulting from the proiect: Stream Impact (acres): 0 Wetland Impact (acres): 0.05 Open Water Impact acres): 0 Total Impact to Waters of the U.S. (acres) 0.05 Total Stream Loss (linear feet; excludes 48' stabilization): 0 7. Isolated Waters Do any isolated waters exist on the property? ? Yes ® No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. No waters determined to be isolated by the USACE lie within the proposed trail corridor. 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): NA Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): NA Current land use in the vicinity of the pond: NA Size of watershed draining to pond: NA Expected pond surface area: NA VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. In order to encourage and promote pedestrian interconnectivity within the Regency Park Development a public greenway trail extension is proposed to connect the Town's Symphony Lake trail to Remy ParkwaX Extension along the existing stream located on the upper end of Symphony Lake. The existing topographic features in this area range from flat to severely sloped (greater then 1:1). There is an existing public sanitary sewer utility located within a 30-foot wide public easement that parallels the creek in the subject area. This area is generally flat, but in areas along the creek it slopes up dramatically approximately 15-20 feet off the top of bank. We propose to locate the public greenway trail within most of the existing easement area as indicated on the application. The severe topography surrounding the subject area creates a physical hardship to the project by limiting the ability to construct the greenway outside of the buffer without major damage to heavily wooded areas during grading operations and construction of tie-back slopes. By Page 5 of 9 constructing the trail within a previously cleared and maintained utility corridor, additional buffer disturbance is minimized. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http:/ih2o.enr.state.nc.us/ncwetlands/strmgide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. No wetland mitigation should be required for the impact which is less than 0.1 ac. There are no stream impacts proposed. 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Page 6 of 9 Amount of stream mitigation requested (linear feet): 0 Amount of buffer mitigation requested (square feet): 0 Amount of Riparian wetland mitigation requested (acres): 0 Amount of Non-riparian wetland mitigation requested (acres): NA Amount of Coastal wetland mitigation requested (acres): NA IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ? No 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and snap all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ® No ? 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Impact Area I (Figure 2) Zone* Impact (square feet Multiplier Required Mitigation 1 1638 3 (2 for Catawba) 0 2 2313 1.5 0 Total 3951 0 * Zone t extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. Page 7 of 9 Impact Area 2 (F6zure 3) Zone* Impact (square feet Multiplier Required Mitigation 1 7431 3 (2 for Catawba) 0 2 3989 1.5 0 Total 11420 0 * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. In pact Area 3 (Figure 4) Zone* Impact (square feet Multiplier Required Mitigation 1 218 3 (2 for Catawba) 0 2 450 1.5 0 Total 668 0 * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. TotalImpacts Zone* Impact (square feet Multiplier Required Mitigation 1 9287 3 (2 for Catawba) 0 2 6752 1.5 0 Total 16039 0 * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 213 .0242 or .0244, or .0260. Impacts to buffers for greenway trails are an allowable use that does not require mitigation. XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. The greenway trail impervious areas will sheet flow the small amount of stotmwater it receives from rainfall events. Culverted areas will onlv be bypassing existing stormwater flows under the greenway. Page 8 of 9 XII. Sewage Disposal (required by DWQ) 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. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ? No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwet]ands. If no, please provide a short narrative description: Since all areas to be served by the eenway are either currently developed or under construction and all required DWQ and Corps permits obtained, there will be no additional cumulative or secondary impacts from this project. XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). _7 /7/d V ApplicantjXgent' iAnaturc v (Agent's signature is valid only if an authorization Date from the applicant is provided.) Page 9 of 9 Project #: Scale: 9071 MI 1":2000' Project Date: Mgr.: KM 10106104 Figure 1- USGS Map Apex Quadrangle Regency Wake County, NC o fi`= Soil & Environmental Consultants, PA 3?. 11010 Raven Ridge Rd." Raleigh, NC 27614 (919) 846-5900 " (919) 846-9467 Web Page: www.SandEC.com FEH ;i X006 DEN14-'d„1 1 l ?• t11'PIU Y V,t Wr493104MItI"iAlLRMV:-S-11 Project Scale: 9071.W1 1":1320' Project Date: Mgr.: KM 10106104 Figure 2 - Soil Survey Map (Sheets 66) Regency Wake County, NC Soil & Environmental Consultants, PA 11010 Raven Ridge Rd." Raleigh, NC 27614 (919) 846-5900 • (919) 846-9467 Web Page: www.SandEC.com FEB 1 0 Luuu DLldii - Ap,AI L IJ CUAIITY veni i't14,fliciu1WIIAitIAIERERNI-'41 i? oli S DWQ/USCOE IMPACTS SUMMARY CHART IMPACT TYPE NEUSE ZONE 1 RIVER BUFFER ZONE 2 TOTAL IMPERVIOUS SURFACE 3362 S.F 2473 S.F 5835 S.F 0.077 AC 0.057 AC 0.134 AC GREENWAY TRAIL CONSTRUCTION 9287 S.F 6752 S.F 16039 S.F 0.21 AC 0.15 AC 0.37 AC TOTAL WETLANDS IMPACT 2,260 S.F 0.05 AC .1„?... ,. Y i t i ` REGENCV s , { 1 ? 1\ \ t ti ' s -7 C??C?IL? D D B ' 3 ?DD6 i! \. t 3 URE S r J? 1. 1 ,? Il I u n x C\Y D ! L 1 ? ? 9 \ 25 6 ffi A s v b 19 1rEE ,.? E 1 v 1 1 WITHERS & RAV E N E L OVERALL DWQ 1 USCOE IMPACT LOCATION PLAN ENGINEERS 1 PLANNERS I SURVEYORS K 11 - 11 , I REGENCY PARK GREENWAY TRAIL EXTENSION EDT C69 - N RECENCY PARK 9.76 AC PYCA BY 1997 PC 761 Pw/ o7s199m7 PCO o2 12_ PIgPCPn a CAP'7 RK 2 OO LAND USE: SE: PA1nc uno V.vL SYMPHONY LAKE `. 800, SCALE , FIGURE 1 JANUARY 26, 2006 1' - 200' WRI 204277.30 WAKE COUNTY TOWN OF CARY NORTH CAROLINA /p .00 f 30' TOWN OF CARY------,/ UTILITY EASEMENT I I ? 1 I PROPOSED I ? METAL GATE a / VELOCITY DISSIPATOR7 PAD: V10: 9.2 FT/S L: 20' W: 9.0' D: 30" MIN. CLASS 1 RIP RAP/ ZONE 1 NRB IMPACT/ 'N69 ?? •?' ??? FES(2) ?`? INV IN:348.50 V N C9 Q \ ry 4:t? WITHERS & 6PEAVENEL E13GIUEERS I PLANNERS 1 SURVEYORS I II YaKenaa Drive Cary. North Carolina 27511 td 919-169-33Q lac 919-167-6008 m.m1herwovaielcom S1?1 FLOW 1 0 0 z - N- r'EF3 ! 3 2000 0 10' 20' 40' SCALE: P=20' \ EXMH RIM: 352.12 I V. IN: 345.52 \1,NV. OUT: 345.37 i F?0 G /' PNK ? N Tot"- CLASS 1 RIP RAP "--`EXISTING 12" SANITARY SEWER l ? INLET PROTECTION ?- FES(2) INV IN:348.20 a s 10, A GREENWAY TRAIL ZONE 2 NRB IMPACT 43 LF 36" RCP S1,5'S1'06"E (2) @ 0.5% X34.5 t FIGURE 2 IMPACT SUMMARY NEUSE RIVER BUFFER IMPACT TYPE ZONE 1 ZONE 2 TOTAL GREENWAY TRAIL 1638 S.F 2313 S.F 3951 S.F CONSTRUCTION 0.038 AC 0.053 AC 0.091 AC IMPERVIOUS 526 SF 745 SF 1271 SF SURFACE 0.01 AC 0.02 AC 0.029 AC WETLANDS 0.0 SF 0.0 AC BUFFER IMPACT MAPS FOR REGENCY PARK GREENWAY TRAIL EXTENSION (o CLASS 1 RIP RAP INLET PROTECTION - MH 1 RIM: 354.85 k INV. IN: 346.12 FIGURE 2 DECEMBER 15, 2005 1" = 20' 01 204277.30 WAKE COUNTY TOWN OF roar NnPTW rARn1IMA ,J l 00 I JJ y XMH RIM: 348.45 INV. IN: 344.03 INV. OUT: 343.83 ZOE. 9?NKj - ?Op Ag NK ZONE 1 NRB IMPACT MR@ -? INV: 346.50 1 ? !$ ZONE 2 NRB IMPACT S 1 \16i,: / EXISTING 12" SANITA RY SEWER- - 00 30' TOWN UTILITY CARY- EASEMENT / 000 10 IM: INV. IN: INV. OUT: 4 EXMH-T 349.11 343.27 343.11 ----?? EXMH RIM: 349.15 INV. IN: 344.58 INV. OUT: 344.41 i WITHERS & RAVENEL ENGINEERS I PLANNERS I SURVEYORS FIGURE 3 IMPACT SUMMARY -EXMH NEUSE RIVER BUFFER RIM:_? '1170. IN: 343.73 IMPACT TYPE ZONE 1 ZONE 2 TOTAL INV. OUT: 343.68 GREENWAY 7431 S.F 3989 S.F 11420 S.F 1 TRAIL 0.17 AC 0.09 AC 0.26 AC CONSTRUCTION F 1 ` ?t IMPERVIOUS 2733 SF 1522 SF 4255 SF SURFACE 0.063 AC 0.035 AC 0.098 AC ZO E 2 a NR IMPACT r X i I ZONE 1 NRB IMPAC? PRPOSED GREENWAY FEB ). 2006 BLZOR01C, GE OVER CREEK M` ? O?Nk-11ATCROUAt.ii1 .- ya?TLW'516;'1??GWATERERANCH EX -AERIAL SANI RY S IC \ \ NRBEIMPACT SEWER CfTOS I Nti ? 1 NRB ?? ? ? ZONE 1-I B IMPACT \ \ e?\ 1 0 15, 30 \ =7z ' = 30' . BUFFER IMPACT MAPS FOR REGENCY PARK CREENWAY TRAIL EXTENSION FIGURE 3 JANUARY 24. 2006 1' = NY WRI 204277.30 WAKE COUNTY TOWN OF CARY NORTH CAROLINA F Fti J- T FIGURE 4 IMPACT SUMMARY NEUSE RIVER BUFFER IMPACT TYPE ZONE 1 ZONE 2 TOTAL GREENWAY TRAIL 218 S.F 450 S.F 668 S.F CONSTRUCTION 0.005 AC 0.010 AC 0.015 AC IMPERVIOUS 103 SF 206 SF 309 SF SURFACE 0.002 AC 0.005 AC 0.007 AC WETLANDS 0.0 SF 0.0 AC 0 c c? U z -N- r ? t ,``? DENR pS1U ;i ?Dgis 1;"1',+?i SYMPHONY LAKE 0 10' 20' 40' SCALE: V= 20' WITHERS & RAVF.NEL ENGINEERS I PLANNERS 1 SURVEYORS I 1111oc&nm Drive Cary. North Carofma 21511 teh 919-169-3310 tar. 919-161-6008 m.¦ilheraavend.amn BUFFER IMPACT MAPS FOR REGENCY PARK GREENWAY TRAIL EXTENSION L FIGURE 4 DECEMBER 16, 2005 1' = 20' WR# 204277.30 WAKE COUNTY TOWN OF CARP NOM rApni We �, r- �..---- ---�.,. _ ii Wetland Delineation Performed By: Soil & Environmental Consultants, PA 11010 Raven Ridge Road Raleigh, North Carolina 27614 (919) 846-5900 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: Regency S&EC # 9071.W2 Date: 11/13/05 Applicant/Owner: Town of Cary County: Wake Investigator: Kevin Martin State: NC Do Normal Circumstances exist on the site? X Yes No Community ID: Riparian wetland Is the site significantly disturbed (Atypical Situation)? Yes X No Transect ID: Is the area a potential Problem Area? Yes X No Plot ID: Sewer Easement If needed, explain on reverse. VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. Juncus effuses Herb FACW+ 9. 2. Carex sp. Herb FACW 10. 3. 11. 4. 12. 5. 13. 6. 14. 7. 15. 8. 16. Percent of Dominant Species that are OBL, FACW, or FAC (excluding FAC-): 100% Remarks: Wetland vegetation observed at this location. HYnpoi m y Recorded Data (Describe in Remarks): _ Stream, Lake or Tide Gauge Aerial Photographs _ Other X No Recorded Data Available Wetland Hydrology Indicators: Primary Indicators: X Inundated X Saturated in Upper 12 Inches _ Sediment Deposits X Drainage Patterns in Wetlands Field Observations: Secondary Indicators (2 or more required): X Oxidized Root Channels in Upper 12 Inches Depth of Surface Water: 2 (in.) X Water-Stained Leaves Local Soil Survey Data Depth to Free Water in Pit: 0 (in.) FAC-Neutral Test Other (Explain in Remarks) Depth to Saturated Soil: 0 (in.) Remarks: Wetland hydrology present. Wetland Delineation Performed By: Soil & Environmental Consultants, PA 11010 Raven Ridge Road Raleigh, North Carolina 27614 (919) 846-5900 Project/Site: Regency S&EC # 9071.W2 Plot ID: Sewer Easement cull c Map Unit Name Drainage Class: Poorly (Series and Phase): Wehadkee Field Observations Taxonomy (Subgroup): Typic Fluvaquent Confirm Type? X Yes No Profile Description: Depth Matrix Color Mottle Color Mottle Texture, Concretions, inches Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-9 A 2.5YR 5/2 2.5YR 6/4 Medium, Common Loam 9-14 Bt 10YR 5/2 7.5YR 5/6 Medium, Common Clay loam Hydric Soil Indicators: Histosol Concretions Histic Epipedon High Organic Content in Surface Lay er in Sandy Soils Sulfidic Odor Organic Streaking in Sandy Soils _ X Aquic Moisture Regime X Listed on Local Hydric Soils List Reducing Conditions S Listed on National Hydric Soils List X Gleyed or Low-Chroma Colors Other (Explain in Remarks) Remarks: Hydric soil characteristics observed at this location. -1 11 WFTI ANnS nFTFRMINATIC)N Hydrophytic Vegetation Present? X Yes No Is this sampling point within a wetland? Wetland Hydrology Present? X Yes No X Yes No Hydric Soils Present? X Yes No Remarks: Area severely rutted and compacted within existing sewer easement. 2 o o 6 0 2 2 7 Soil & Environmental Consultants, PA 11010 Raven Ridge Road Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467 www.SandEC.com February 3, 2006 S&EC Project # 9071.W2 To: US Army Corps of Engineers N.C. Division of Water Quality Raleigh Regulatory Field Office 401 Oversight and Express Permits Unit Attn: Monte Matthews Attn: Cyndi Karoly 6508 Falls of the Neuse Road, Suite 120 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27615 Raleigh, NC 27604-2260 From: Kevin Martin E ? (?' Soil & Environmental Consultants, PA D 11010 Raven Ridge Road FEB 1 $ 2006 Raleigh, NC 27614 Re: Regency Park Greenway Extension Cary, Wake County, NC 1"cV:"D3fVU?TG;3 QUALITY On behalf of the owner, the Town of Cary, please find attached a complete application and supplemental information requesting written concurrence from the U.S. Army Corps of Engineers (USACE) and the N.C. Division of Water Quality (DWQ) that the activities proposed below may proceed under Nationwide Permit 39 and General Water Quality Certification 3402 and Approval Under the Neuse River Riparian Buffer Rules. Please contact me at (919) 846-5900 if you have any questions or require additional information. PROJECT SUMMARY Project Name Regency Park Greenwa Extension Project Type Public Greenwa Owner / Applicant Town of Cary, NC Count Wake Nearest Town Ca Waterbod Name UT to Swift Creek/Regency Lake Basin / Sub-basin 030402 Index Number 2743-2.5 Class WS-III; NSW IMPACT SUMMARY Stream Impact (acres): 0 Wetland Impact (acres): 0.05 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0.05 Total Stream Loss (linear feet): 0 Attachments: Pre-construction Notification (PCN) Application Form Apex, NC - USGS Map Wake County Soil Survey Map - Sheet No. 66 Impact Maps (1 overall 11x17, 4 insets) Application fee to DWQ -not required Courtesy 401 Charlotte Office: Greensboro Office: 236 LePhillip Court, Suite C 3817-E L4wndale Drive Concord, NC 28025 Greensboro, NC 27455 Phone: (704) 720-9405 Phone: (336) 540-8234 Fax: (704)720-9.106 Fax: (336) 540-8235 FA 1 3 2006 DEf?tt ' YYA1 E-A QUALITY VIZWO N40 ttlcXt't'A'RfFA CRANCH Office Use Only: Form Version March 05 USACE Action ID No. DWQ No. ' ^ " 0 ' (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ® Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ? Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: 39 If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ? 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ? II. Applicant Information Owner/Applicant Information Name: Town of Mailing Address: c/o Joe Godfrey, Cary Parks & Recreation P.O. Box 8005 Cary, NC 27512 Telephone Number: 919.469.4034 Fax Number: 919.460.4935 E-mail Address: joe.godfrey(aa,townofcary.org 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Kevin Martin Company Affiliation: Soil & Environmental Consultants, PA Mailing Address: 11010 Raven Ridge Road Raleigh, NC 27614 Telephone Number: 919.846.5900 Fax Number: 919.846.9467 E-mail Address: kmartinnsandee.coin Page I of 9 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Regency Park Greenway Extension 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 0761096786 4. Location County: Wake Nearest Town: Cary Subdivision name (include phase/lot number): Directions to site (include road numbers/names, landmarks, etc.): The proposed project will extend from Symphony Lake (Regency Lake on the USGS) to a proposed intersection with Regency Parkway. 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 35.7282° N 78.8026° W N W 6. Property size (acres): The proposed reg enway extension is approximately 1,200 feet long. 7. Name of nearest receiving body of water: Regency Lake (drains into Swift Creek) 8. River Basin: Neuse: HUC 03020201; Sub-basin 030402, Index # 27-43-2.5, WS-III; NSW (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http:/ih2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The site is forested, and is surrounded by undeveloped land, and residential and commercial developments. The trail follows an existing sewer easement. Page 2 of 9 10. Describe the overall project in detail, including the type of equipment to be used: The proposed project will extend Regency Park Greenwa_y from Symphony Lake to an intersection with Regency Parkway. Standard grading and other heavy equipment normally required for er?y trail construction will be used. 11. Explain the purpose of the proposed work: The proposed project is on the Town of Cary Greenway plan and will allow the town to accommodate existing and future pedestrians from existing residential and commercial areas as well as future developments nearby. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. S&EC delineated streams and wetlands on site in October 2004 and March 2005. NC DWQ confirmed buffer start points in a letter dated 30 November 2004 (DWQ EXP 04-1821). Kevin Martin of S&EC discussed proposed methodology for delineatinZ wetlands within the disturbed sewer line easement with Jean Manuele of the USACE in the fall of 2005. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. No additional permit requests are anticipated for the extension of Regency Park Greenway at this VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intennittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Page 3 of 9 ? _, ?' -TeC2 _? 'A • . M'. ,.., z e ,' i _. r `, AsC / '` ng8 >.. ? t •. r'4 1i e '?GC(3. ` j. r tG r' „e -f _ wht t - 4 it` ? 1N.?? \ { 3 ?4 7 ! CC Y .?O r HrC2 ?= HtC2 ? ? \g62 •,' ? r~?'' ? 4 t r. C+e ?'; ? ? '* 1 ? R: ? ??'; [ EnC t' Y t T? t fist2t J ?. ne8 * AgC2 ? ' (Cm CGD? , 2?G[3? 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J r. s???? r F t..' F t r 1. ?? )11 FiJ .l; M irC2 6 ?? / 1?, ,? l GeDP 7 ;`a ? ?" m tU7: 1 ?i)? i 7??? ? "? 1 B Y r tCfi' i? b ?!r`ta :. , ,a jj'' r •: N,t 1? "t e s Ht62 C}' a 19 Q.? Hrb2.'," 4 _ y ? n r , t :t . •', ?, ? ,t? .+'i ? ,.J ? J ..F .?,? ? 9$ ,` t 1 :' t- ` l: ? GCCZ { a? __ ?i,e?2f y{:`` N 1/gyp! rieD; ` ?*, ??• ?s•l,2 ?? r F ,c ? : r 4 i?. \ .`. ` °' '' ,t ? ?CC2CeF "` - F _ !\3 !` ? irB2 ?'! /(?.. C?- ,'F` r At,i2 ef•*, !Li \. z': 71x132( ?; .{ ?i r2 lil AgC2 AIM \ Yy * v C i r t Cr J?_; V. Z'?• c ' ?Ca• '?.,Crti, ? a? -I '.?: `?? f 1 FFR 1 3 2006 pEN1i - WAT LR GUALi1Y ' MS 3n /? E? &irA-, 4,AT R BRAI4CH Project #: scale: " Figure 2 - Soil Survey 9071.W1 1 :1320' M , Project Date: ap o Soil & Environmental Consultants, PA Mgr.: KM lorosroa (Sheets 66) ,. 11010 Raven Ridge Rd.- Raleigh, NC 27614 Regency (919) 846-5900 • (919) 846-9467 ` Web Page: www.SandEC.com Wake County, NC ) r 1. Provide a written description of the proposed impacts: The applicant proposes one aerial stream crossing by bridge and one small wetland fill within a sewer line easement. 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain es/no Distance to Nearest Stream linear feet Area of Impact (acres) 1 Fill/Culvert Herbaceous No 30' 0.05 Total Wetland Impact (acres) 0.05 3. List the total acreage (estimated) of all existing wetlands on the property: <0.5 ac within trail corridor 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage, multiply length X width, then divide by 43,560. Stream Impact Number indicate on ma Stream Name Type of Impact Perennial or Intermittent? Average Stream Width Before Impact Impact Length linear feet Area of Impact acres Total Stream Impact (by length and acreage) 0 0 Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dredging, flooding, drainage, bulkheads, etc. Open Water Impact Site Number indicate on ma Name Waterbody (if applicable) e) Type of Impact Type of Waterbody (lake, Pand estuary, sound, bay, ocean, etc. Area of Impact acres NA NA NA NA NA Total Open Water Impact (acres) NA Page 4 of 9 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): 0 Wetland Impact (acres): 0.05 Open Water Impact acres): 0 Total Impact to Waters of the U.S. (acres) 0.05 Total Stream Loss (linear feet; excludes 48' stabilization): 0 7. Isolated Waters Do any isolated waters exist on the property? ? Yes ® No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. No waters determined to be isolated by the USACE lie within the proposed trail corridor. 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): NA Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): NA Current land use in the vicinity of the pond: NA Size of watershed draining to pond: NA Expected pond surface area: NA VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. In order to encourage and promote pedestrian interconnectivity within the Regency Park Development, a public erg enway trail extension is proposed to connect the Town's Symphony Lake trail to Regency Parkway Extension along the existing stream located on the upper end of Symphony Lake. The existing topographic features in this area range from flat to severely sloped (grgater then 1:1). There is an existing public sanitary sewer utility located within a 30-foot wide public easement that parallels the creek in the subject area. This area is generally flat, but in areas along the creek it slopes up dramatically approximately 15-20 feet off the top of bank. We propose to locate the public greemvay trail within most of the existing easement area as indicated on the application. The severe topography surrounding the subject area creates a physical hardship to the project by limiting the ability to construct the ee'r?y outside of the buffer without major damage to heavily wooded areas during grading operations and construction of tie-back slopes. By Page 5 of 9 constructing the trail within a previously cleared and maintained utility corridor, additional buffer disturbance is minimized. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/stnngide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. No wetland mitigation should be required for the impact, which is less than 0.1 ac. There are no stream impacts proposed. 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional infonnation regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/wM/index.litm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following infonnation: Page 6 of 9 Amount of stream mitigation requested (linear feet): 0 Amount of buffer mitigation requested (square feet): 0 Amount of Riparian wetland mitigation requested (acres): 0 Amount of Non-riparian wetland mitigation requested (acres): NA Amount of Coastal wetland mitigation requested (acres): NA IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ? No 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify. V Yes ® No ? 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Impact Area 1 (Figure 2) Zone* Impact (square feet Multiplier Required Mitigation 1 1638 3 (2 for Catawba) 0 2 2313 1.5 0 Total 3951 0 * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. Page 7 of 9 Impact Area 2 (Fhzure 3) Zone* Impact (square feet Multiplier Required Mitigation 1 7431 3 (2 for Catawba) 0 2 3989 1.5 0 Total 11420 0 * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. Impact Area 3 (Figure 4 Zone* Impact (square feet Multiplier Required Mitigation 1 218 3 (2 for Catawba) 0 2 450 1.5 0 Total 668 0 * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. Total Impacts Zone* Impact (square feet Multiplier Required Mitigation 1 9287 3 (2 for Catawba) 0 2 6752 1.5 0 Total 16039 0 * Zone I extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or.0244, or.0260. Impacts to buffers for greenway trails are an allowable use that does not require mitigation. XI. Stornnvater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. The greenway trail impervious areas will sheet flow the small amount of stormwater it receives frotn rainfall events. Culverted areas will only be bypassing existing stormwater flows under the greenway. Page 8 of 9 XII. Sewage Disposal (required by DWQ) 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. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ? No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.ne.us/newetlands. If no, please provide a short narrative description: Since all areas to be served by the erg_enway are either currently developed or under construction and all required DWQ and Corps permits obtained, there will be no additional cumulative or secondary impacts from this project. XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). D6 U Applicanf Agoft's Signaturl U Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 9 of 9 ? r -?,Su St IT) "All Jr, r •• / v? 342 1? \3 -444 45 5 +,_ u t -? L_--.J " C 9 14 Project 0: Scale: " ' Figure 1- USGS Map 9071M 1 :2000 Apex Quadrangle Project Date: Mgr.: KId 10106104 Regency Wake County, NC 0 Soil & Environmental Consultants, PA 11010 Raven Ridge Rd.- Raleigh, NC 27614 (919) 846-5900 • (919) 846-9467 Web Page: www.SandEC.com DWQ/USCOE IMPACTS SUMMARY CHART IMPACT TYPE NEUSE ZONE 1 RIVER BUFFER ZONE 2 TOTAL IMPERVIOUS SURFACE 3362 S.F 2473 S.F 5835 S.F 0.077 AC 0.057 AC 0.134 AC GREENWAY TRAIL CONSTRUCTION 9287 S.F 6752 S.F 16039 S.F 0.21 AC 0.15 AC 0.37 AC TOTAL WETLANDS IMPACT 2,260 S.F 0.05 AC i A n ,. `RECENCY' Ai ?'tGWNHG?' j J` ;; , Z/Fr ? Y? • Y` ?'`, 1 L ? URE 5 RFi 1 / i 1 n n T1 u !.;fY D f E 16 75 f M u f ? a? WITHERS & RAVENEL ENGINEERS I PLANNERS I SURVEYORS OVERALL DWQ / USCOE IMPACT LOCATION PLAN RECENCY PARK GREENWAY TRAIL EXTENSION Q??['? od5 D FEB 1 3 2006 CNR-'THAT ' QUALITY S'. 1D?lV;? 5TOf1 PATER ERANCH EDi C66 - 4:/LECENCY PARK +x .c a PV BY 5997 77 Tel Dal 0755997)77 nE 5)771757 DDDP(eiT Tom UD CN7T I05w, POD 1MIOR V+C USE: PARK T>;A? SYMPHONY LAKE T ,f; l1 t j - SCALE: ' J FIGURE 1 JANUARY 26, 2006 1' - 200' WRj 204277.30 WAKE COUNTY TOWN OF CARY NORTH CAROLINA l? A I' 1 j j RIM: I V. IN: ?NI OUT: i \ i / j 'PROPOSED METAL GATE 30' TOWN OF CARY-may/ UTILITY EASEMENT EXMH 352.12 345.52 345.37 r\ VELOCITY DISSIPATOR- PAD: V10: 9.2 FT/S L: 20' W: 9.0' D: 30" MIN. CLASS 1 RIP RAP / -ZONE 1 NRB IMPACT/ .N69 2a 000 0 ti4? I / /N FES(2) Ae INV IN:348.50 V Q C09 <0 my ? /QJ CLASS 1 RIP RAP INLET PROTECTION /? S'IB' ? FAO ?? ? 2p06 CLAS FREE ? FE,613 E 8i ? pENR tNA ?- / x 1 NRg `-?„tios Rio s1o? / SOP ? tiONE o, INLETS PROTEC TON EXISTING 12" SANITARY SEWER /- FES(2) _- INV IN:348.20 - NR8 /? •••• o • • . FLOW----- ----------- ----- r?.?.?CCCt•? -s 10' ASPHALT GREENWAY TRAIL ZONE 2 NRB IMPACT 43 LF 36" RCP S1,5'5 1'06" E (2) @ 0.5? 134.5 , FIGURE 2 IMPACT SUMMARY NEUSE RIVER BUFFER IMPACT TYPE ZONE 1 ZONE 2 TOTAL GREENWAY TRAIL 1638 S.F 2313 S.F 3951 S.F CONSTRUCTION 0.038 AC 0.053 AC 0.091 AC IMPFRV1011S 7 526 SF 745 CF 1)71 cr 0 ix 0 z -N- I f ~• I I I n ?ON i MRE -"" ---- INV:: 346.50 ---------.,.,.,...-- 4 k WITHERS & RANENEL ENGINEERS I PLANNERS I SURVEYORS Y XMH ' RIM: 348.45 INV. IN: 344.03 INV. OUT: 343.83 TOE BANK?? = app AB NK ZONE 1 j NRB IMPACT EXMH RIM: 349.15 INV. IN: 344.58 INV. OUT: 344.41 EXMH RIM: 349.11 INV. IN: 343.27 INV. OUT: 343.11 1 r ZONE 1 \ B IMPACT 1 1 \ \ ? r3 ?pp6 ZONE 2 NRB IMPACT \ \ \ \ \ \ 0 15' 30 SCALEII" = 30' \ N BUFFER IMPACT MAPS FOR REGENCY PARK CREENWAY TRAIL EXTENSION ZONE 2 NRB IMPACT s EXISTING 12" SANITARY SEWER 30' TOWN OF CARY UTILITY EASEMENT EXMH RIM?,34,q I9 IN: 34 ,?3.73\ INV. OUT: 343.68 1 ZO?E 2 1 NR IMPACT ZONE 1 NRB IMPP FIGURE 3 IMPACT SUMMARY EX-AERIAL S? SEWER CROS! ZONE 1 1.ON a 2 N3O NEUSE RIVER BUFFER IMPACT TYPE ZONE 1 ZONE 2 TOTAL GREENWAY TRAIL CONSTRUCTION 7431 0.17 S.F AC 3989 0.09 S.F AC 11420 S.F 0.26 AC IMPERVIOUS 2733 SF 1522 SF 4255 SF SURFACE 0.063 AC 0.035 AC 0.098 AC PROPOSED GREENWAY BRIDGE OVER CREEK FIGURE 3 JANUARY 24, 2006 1' = v WR j 204277.30 WAKE COUNTY TOWN OF CARY NORTH CAROLINA 1 i Zc C / FIGURE 4 IMPACT SUMMARY NEUSE RIVER BUFFER IMPACT TYPE ZONE 1 ZONE 2 TOTAL GREENWAY TRAIL 218 S.F 450 S.F 668 S.F CONSTRUCTION 0.005 AC 0.010 AC 0.015 AC IMPERVIOUS 103 SF 206 SF 309 SF SURFACE 0.002 AC 0.005 AC 0.007 AC WETLANDS 0.0 SF 0.0 AC 0 c U U z -N- ?...__ GF „raGN SYMPHONY LAKE WITHERS & RAVENEL ENGINEERS 1 PLANNERS 1 SURVEYORS I I I YacKenm Vve Cary. Nath Cordlna 17511 tel 919-469-5340 lac 919-467-M -iVvvmend.com BUFFER IMPACT MAPS FOR REGENCY PARK CltEENWAY TRAIL DRENSION 0 10' 20' 40' SCALE: V= 20' FIGURE 4 DECMBER 16, 2005 f = 20' WRI 204277.30 WAKE COUNTY TOWN OF CARY NORTH r.ARnI INA Wetland Delineation Performed By: Soil & Environmental Consultants, PA 11010 Raven Ridge Road Raleigh, North Carolina 27614 (919) 846-5900 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: Regency S&EC # 9071.W2 Date: 11/13/05 Applicant/Owner: Town of Cary County: Wake Investigator: Kevin Martin State: NC Do Normal Circumstances exist on the site? X Yes No Community ID: Riparian wetland Is the site significantly disturbed (Atypical Situation)? Yes X No Transect ID: Is the area a potential Problem Area? Yes X No Plot ID: Sewer Easement If needed, explain on reverse. VFGFTAT10M Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. Juncus effuses Herb FACW+ 9. 2. Carex sp. Herb FACW 10. 3. 11. 4. 12. 5. 13. 6. 14. 7. 15. 8. 16. Percent of Dominant Species that are OBL, FACW, or FAC (excluding FAC-): 100% Remarks: Wetland vegetation observed at this location. HYnROl Or;Y _ Recorded Data (Describe in Remarks): Stream, Lake or Tide Gauge Aerial Photographs Other X No Recorded Data Available Wetland Hydrology Indicators: Primary Indicators: X Inundated X Saturated in Upper 12 Inches _ Sediment Deposits X Drainage Patterns in Wetlands Field Observations: Secondary Indicators (2 or more required): X Oxidized Root Channels in Upper 12 Inches Depth of Surface Water: 2 (in.) X Water-Stained Leaves Local Soil Survey Data Depth to Free Water in Pit: 0 (in.) FAC-Neutral Test Other (Explain in Remarks) Depth to Saturated Soil: 0 (in.) Remarks: Wetland hydrology present. Wetland Delineation Performed By: Soil & Environmental Consultants, PA 11010 Raven Ridge Road Raleigh, North Carolina 27614 (919) 846-5900 Project/Site: Regency S&EC # 9071.W2 Plot ID: Sewer Easement gnii c Map Unit Name Drainage Class: Poorly (Series and Phase): Wehadkee Field Observations Taxonomy (Subgroup): Typic Fluvaquent Confirm Type? X Yes No Profile Description: Depth Matrix Color Mottle Color Mottle Texture, Concretions, inches Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure etc. 0-9 A 2.5YR 5/2 2.5YR 6/4 Medium, Common Loam 9-14 Bt 10YR 5/2 7.5YR 5/6 Medium, Common Clay loam Hydric Soil Indicators: Histosol Concretions _ Histic Epipedon High Organic Content in Surface Lay er in Sandy Soils Sulfidic Odor Organic Streaking in Sandy Soils _ X Aquic Moisture Regime X Listed on Local Hydric Soils List _ Reducing Conditions S Listed on National Hydric Soils List X Gleyed or Low-Chroma Colors Other (Explain in Remarks) Remarks: Hydric soil characteristics observed at this location. 1 11 WETLANDS DETERMINATION Hydrophytic Vegetation Present? X Yes No Is this sampling point within a wetland? Wetland Hydrology Present? X Yes No X Yes No Hydric Soils Present? X Yes No Remarks: Area severely rutted and compacted within existing sewer easement. L- I b 1-4 o Complete items 1, 2, and 3. Also complete A. Signaturo item 4 if Restricted Delivery is desired. I I ?? O Agent v /v Print your namo and address on the reverse so that we can return the card to you. 13 Attach this card to the back of the mailpiece, or on the front if space permits. 1. Articlo Addrossod to: Mr. Joe Godfrey Cary Parks & Rec. Town of Cary P.O. Box 8005 Cary,NC 27512 DWQ4 06-0227-Wake ?o.e Addressee 8. Received by (Printed Name) C. Date of Delivery D..Is delivery address different from item 17 ? Yes If YES, enter delivery address below: ? No 3. Service Type gCertifiod Mail ? Express Mail ? Registered 0 Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number (transfer from service 7005 1160 0000 9954 6849 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE First-Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • NC DENR Division of Water Quality 401 Oversight/Express Unit 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604