20160839 Ver 2_PCN Form Submission_20190515

DWR
MOM— of Water Resources
Pre -Construction Notification (PCN) Form
September 29, 2018 Ver 3
21nitial Review
Has this project met the requirements for acceptance in to the review process?*
r Yes
r No
Is this project a public transportation project?*
G Yes r No
Change mly if needed.
BIMS # Assigned
20160839
Is a payment required for this project?*
r No payment required
r Fee received
r Fee needed - send electronic notification
Reviewing Office*
Central Office - [phone]
Information for Initial Review
1a. Name of project:
Panther Creek Greenvoy Ver. 2
1a. Who is the Primary Contact?*
David Cooper
1b. Primary Contact Email:*
[e-mail]
Date Submitted
5/15/2019
Nearest Body of Water
Panther Creek
Basin
Cape Fear
Water Classification
WS-IV;NSW
Site Coordinates
Version# *
2
What amout is owed?*
r $240.00
r $570.00
Select Project Reviewer*
Rob Ridings:eads\rgridings
1c. Primary Contact Phone:*
[phone]
Latitude:
Longitude:
35.816226
-78.895062
AProcessing Information
U
County (or Counties) where the project is located:
Wake
Is this project a public transportation project?*
r Yes r No
Is this a NCDOT Project?*
r Yes r No
(NCDOT only) T.I.P. or state project number:
C-56041A
WBS # (?)
43714.3.3
1a. Type(s) of approval sought from the Corps:

W Section 404 Permit (wetlands, streams and waters, Clean Water Act)
r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
1b. What types) of permit(s) do you wish to seek authorization?
W Nationwide Permit (NWP)
r' Regional General Permit (RGP)
r' Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
r Yes r No
Nationwide Permit (NWP) Number: 14 - Linear transportation
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
fJ 401 Water Quality Certification - Regular
F Non-404 Jurisdictional General Permit
F Individual Permit
le. Is this notification solelyfor the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
F 401 Water Quality Certification - Express
W Riparian Buffer Authorization
1f. Is this an after -the -fact permit application?*
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
Acceptance Letter Attachment
1h. Is the project located in any of NC's twenty coastal counties?
r Yes r No
1j. Is the project located in a designated trout watershed?
C Yes r No
FB. Applicant Information
1d. Who is applying for the permit?
r- Owner rJ Applicant (other than owner)
le. Is there an Agent/Consultant for this project?
r Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
CARY TOWN OF
2b. Deed book and page no.:
2c. Responsible party:
2d.Address
Street Address
316 N ACADEMY ST
Address Line 2
city
CARY
Postal / Zip Code
27513-4538
2e. Telephone Number:
[phone]
2g. Email Address:*
State / Frovinre / R�gion
NC
0�untry
USA
2f. Fax Number:
*
r Yes r No
r Yes r No

[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Sarah Alexander
3b. Business Name:
Town of Cary
3c.Address
Street Address
PO Box8005
Address Line 2
CKY
Cary
Postal / Zip Code
27512-8005
3d. Telephone Number:
[phone]
3f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality/town:
Cary
2. Project Identification
2a. Property Identification Number:
Multiple, easements obtained.
2c. Project Address
Street Address
Address Line 2
City
Postal / Zip Cede
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Panther Creek
3b. Water Resources Classification of nearest receiving water:*
WS-IV;NSW
3c. What river basin(s) is your project located in?*
Cape Fear
3d. Please provide the 12-digit HUC in which the project is located.
030300020605
4. Project Description and History
State / Ftovince / Pagion
NC
Country
USA
3e. Fax Number:
2b. Property size:
State / Frovinee / RPogion
Country
4a. 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 proposed multi -use trail, located in the Town of Cary, consists of 1.13 miles of asphalt and boardwalk greenway trail
between Cary Park Lake and the Cameron Pond subdivision. An additional 0.19 mile long trail spur will connect to the Mills
Park schools by way of a bridge over Panther Creek. Existing conditions in the project vicinity include forested floodplain and
uplands, athletic fields, a community park, sewer easements, residential subdivisions, and NC Highway 540. Surrounding land
use is primarily single family residential.
The trail is currently under construction under a previous authorization. During construction, the contractor noted an area where the previously proposed limits of disturbance did not
allowfor adequate access and requested a slight expansion of the limits of disturbance and additional timber matting over aquatic resources. This request addresses the resultant
increase in stream, wetland, and buffer impacts, as can be seen at permit drawing Site 2 and in the wetland and buffer summary sheets.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
r: Yes r No r^ Unknown

4c. If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000).
NCDWR Project W. 20160839. USACE SAW 2014-01824.
Project History Upload
20160819_NCDWR401 Cert_and_BufferAuth.pdf 2.31 MB
20161006 USACE 404 Approval.pdf 1.45MB
4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR)
USGS.pdf
1.41 MB
4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR)
Soils.pdf 1.51 MB
4f. List the total estimated acreage of all existing wetlands on the property:
11.82 acres within study area
4g. List the total estimated linear feet of all existing streams on the property:
7,949 If
4h. Explain the purpose of the proposed project:*
The greenway will add to the existing Town of Cary trail network. This trail section will serve as a connection between an existing trail
section at Cary Park Lake, the Cameron Pond subdivision, and Mills Park schools and community park. The completion of this
greenway project will support bicycle and pedestrian travel between residential, educational, and recreational centers, creating a well-rounded
integrated transportation system through the Town of Cary.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The Town of Cary proposes to construct the Panther Creek Greenway using asphalt and boardwalk. The primary trail, between
Cary Park Lake and the Cameron Pond subdivision, will consist of two segments. The western segment, approximately 0.72
miles long, begins east of Green Level Church Road and continues east across 2 wetlands and 2 streams to connect to an
existing boardwalk segment west of and running underneath NC-540. The eastern segment, approximately 0.41 miles long, will
connect to the existing boardwalk east of NC-540 and continue east across 2 wetlands and 2 streams to connect to an existing
trail in the Cameron Pond subdivision. The secondary trail, approximately 0.19 miles long, will connect to the western segment
of the primary trail and continue south, by way of a bridge over Panther Creek, to connect to a trailhead and infrastructure at the
Mills Park schools and community park. Construction access east of NC-540 will be by way of an existing sewer easement over
Panther Creek and its adjacent wetlands. The minimum of additional impacts in this area are proposed in order to facilitate
construction equipment access. The greenway will consist of a 10-foot wide asphalt trail, with boardwalk crossings of most
tributary streams and most wetland areas, and a bridge over Panther Creek. Wetlands will be crossed at their narrowest points.
The location of the proposed trail avoids and minimizes impacts to jurisdictional resources to the maximum extent practicable.
Where feasible, boardwalk will be used to further avoid and minimize impacts to jurisdictional resources. The contractor
selected for the project will determine the equipment used on the project. Trail contractors generally use small paving
machines and earth moving equipment which results in smaller impacts to the project area than traditional highway construction
equipment. Nationwide Permit 14 General Conditions will be included in the construction documents to direct contractor
operations in and around wetlands.
4j. Please upload project drawings for the proposed project.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r: Yes r- No C Unknown
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
r: Preliminary r Approved r Not Verified r Unknown r N/A
Corps AID Number:
SAW-2014-01824
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): David Cooper
Agency/Consultant Company: VHB (formerly Ecological Engineering)
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
A USACE preliminary JD request was submitted, and a regulatory review site visit was conducted with Mr. David Shaeffer
on October 7, 2014. A notification of Preliminary Jurisdictional Determination was received from Ms. Tasha
Alexander, dated May 5, 2015. The notification letter did not clearly describe the non -tributary status of certain
drainages - specifically E, H, and K, which are shown on the Soil Survey but were not considered tributaries in
the field. Based on a phone conversation with Ms. Tasha Alexander on August 17, 2016, and a follow-up e-mail on August
19, 2016, the notification was revised to reflect the results of the Oct. 7th site visit, and was received along with the 404 verification, previously attached. This project has been assigned
Action ID No. SAW-2014-01824.
A NCDWR buffer determination meeting was held on -site with Mr. James Graham on September 11, 2014. Please find the buffer determination letter dated September 23, 2014
attached.
Sd1. Jurisdictional determination upload

DWRDeterminationLetter_Received20140926_Mills park Panther Creek Greenway.pdf 972.9KB
6. Future Project Plans
6a. Is this a phased project?*
F Yes r No
7b. If yes, explain.
The proposed project includes both infrastructure for Mills Park, Phase 2 and the Panther Creek greenway trail. No impacts
to aquatic resources or riparian buffers are associated with the current site plan for the trailhead or infrastructure at Mills
Park Phase 2.
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
,R Wetlands W Streams -tributaries W Buffers
r Open Waters r Pond Construction
2. Wetland Impacts
2a1 Reason(?)
2b. Impact type * M
2c. Type of W.
2d. W. name *
2e. Forested*
2f. Type of
Jurisdicition*M
2g. Impact
area*
2
Boardwalk, Temporary
T
Headwater Forest
Wetland E
Yes
Both
Timber Mat for Access
]0.072
(acres)
Temporary timber mat
T
Non -Tidal Freshwater Marsh
Wetland F
Both
0
for access
(ac
(acres)
6
Proposed trail fill
P
Non -Tidal Freshwater Marsh
Wetland F
No
Both
0.002
(acres)
6
Hand clearing for temp.
T
Non -Tidal Freshwater Marsh
Wetland F
No
Both
0.003
construction access
(acres)
Proposed trail fill
P
Non -Tidal Freshwater Marsh
Wetland F
Both
0.014
(acres)
7
Temp. fill for temp.
T
Non -Tidal Freshwater Marsh
Wetland F
No
Both
0.006
construction access
(acres)
8
Hand clearing for temp.
T
Non -Tidal Freshwater Marsh
Wetland F
Yes
Both
0.000
construction access
(acres)
9
Temp. fill for temp. pipe
T
Bottomland Hardwood Forest
Wetland F
Yes
Both
0.028
(acres)
10
Temp. fill for temp. pipe
T
Bottomland Hardwood Forest
Wetland F
Yes
Both
0.006
(acres)
11
Proposed 30" RCP
P
Headwater Forest
Wetland G
Yes
Both
0.004
(acres)
11
Proposed 30" RCP
T
Headwater Forest
Wetland G
Yes
Both
0.003
(acres)
2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact
0.161 0.020
2g. Total Wetland Impact
0.181
2h. Comments:
Trail construction will be limited to upland areas to the extent practicable. Impacts to tributaries and wetlands will be avoided and minimized by the
construction of elevated boardwalk segments and crossing at the narrowest point of wetlands. Small areas of hand clearing and temporary fill impacts
for access will be required in order to construct these boardwalks.
3. Stream Impacts

32
S3
Temp. timber mat crossing
for access
Temporary pipe at existing
sewer crossing
Temporary
Temporary
Workpad/Causeway
Culvert
Site 4, Stream G
Site 9, Panther Creek
Perennial
Perennial
Both
Both
2
Average (feet)
24
Average (feet)
21
(linearfeet)
18
(linearfeet)
Extend 30" RCP
Permanent
Culvert
Site 13, Stream Y
Intermittent
Both
Average (feet)
20
(linear feet)
31. Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts:
20
3i. Total temporary stream impacts:
80
3i. Total stream and ditch impacts:
100
3j. Comments:
Permanent impact at S4/permit drawing site 13: Pipe extension necessary due to trail conflict with existing drainage
and location of existing stormwater pond.
6. Buffer Impacts (for DWR)
6a. Project is in which protect basin(s)?
Check all that apply.
r Neuse r Tar -Pamlico
r Catawba r Randleman
r Goose Creek P Jordan Lake
r Other
6b. Impact Type
6c. Per or Temp
6d. Stream name
6e. Buffer mitigation required?
6f. Zone 1 impact
6g. Zone 2 impact
Proposed greenway
P
Panther Creek (Site 1)
No
404
765
Boardwalk & temp. timber mat for access
P
Stream I (Site 2)
No
2,605
2,857
Proposed greenway
P
Panther Creek (Site 3)
No
9,306 11
13,093
Temp. timber mat for access
T
Stream G (Site 4)
No
1,240
924
Boardwalk
P
Stream G (Site 5)
No
3,874
3,131
Proposed Greenway
P
Panther Creek (Site 6)
No
40
127
Temp. pipe crossing for access.
T
Panther Creek (Site 9)
No
1,084
822
Temp. pipe crossing for access.
T
Panther Creek (Site 10)
No
1,133
598
Bridge
P
Panther Creek (Site 12)
No
1,749
3,374
6h. Total buffer impacts:
Zone 1 Zone 2
Total Temporary impacts: 3,457.00 2,344.00
Zone 1
Zone 2
Total Permanent impacts: 17,978.00
23,347.00
Zone 1
Zone 2
Total combined buffer impacts: 21,435.00
25,691.00
6i. Comments:
Greenway trails are an allowable use within buffer zones. The trail and culverts are designed to only allow for
flow Mich is naturally conveyed through the existing landscape.
Supporting Documentation
C14002.00_permit _plans _half _size set20190514.pdf 8.27MB
E. Impact Justification and Mitigation
1. Avoidance and Minimization
v
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:

The construction of the Panther Creek greenway trail will result in minimal temporary stream impacts. Permanent stream impacts are limited to 201f of a
non -buffered, intermittent reach of a jurisdictional tributary. The permanent stream impact will result from the necessary to extension of a pipe at the
outlet of a stormwater pond for trail construction. Permanent wetland impacts are limited to 0.020 acres and temporary wetland impacts are 0.161
acres. The following measures have been taken to avoid and minimize impacts to jurisdictional waters and riparian buffers:
Corridor Alignment — The horizontal corridor alignment was designed to avoid and minimize impacts to wetlands, streams, and buffers to the extent
practicable.
Trail Design — Sections of trail which cross wetlands and tributaries will be constructed using elevated boardwalk to avoid impacts to these ureters. The
single stream crossing of Panther Creek will be a 65-foot long bridge spanning the entire channel.
Minimize Stream Crossings - A detailed analysis was performed at all proposed stream crossings to identify the best crossing location. This analysis
included locating narrow crossing locations and, where feasible, crossing perpendicular to the stream. Boardwalks and a bridge will be used to cross
most streams.
Minimize Grading — The trail has been designed, to the extent possible, to match eAsting grade in order to minimize the amount of fill, reducing the
overall project footprint, and thus the impacts to jurisdictional resources.
Minimize Clearing — Where feasible, the trail has been located within cleared sewer easements and parklands, minimizing tree clearing in regulated
buffer areas and jurisdictional waters.
Steepen Slopes — Where feasible, the steepness of fill slopes in the vicinity of riparian buffers has been increased in order to minimize horizontal
impacts. Fill slopes have been steepened to 2H:1 V and appropriate re -vegetation of slopes will be implemented.
Stormwater Treatment — All ditches have been designed to outlet as diffuse flow.
Erosion Control — Silt fence will be installed along fill slopes and upstream of all wetlands and streams. Tree protection fence will be utilized to
demarcate buffer zones in order to maximize protection of riparian areas during construction.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The contractor shall be responsible for minimizing impacts through construction techniques. The bid specifications will call for, where possible, hand
clearing, the use of construction mats and low impact machines in sensitive areas, and small paving machines. Multiple construction entrances have
been provided to minimize heavy equipment trip distances. Nationwide 14 General Conditions will be included in the construction specifications.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
r Yes r No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Greenways within riparian buffers are allowable without mitigation. Permanent wetland and stream impacts are below mitigation thresholds.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
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?
r Yes r No
What type of SCM are you providing?
r Level Spreader
r Vegetated Conveyance (lower SHWf)
r Wetland Swale (higher SHWT)
r Other SCM that removes minimum 30 % nitrogen
R Proposed project will not create concentrated stormwater flow through the buffer
Diffuse Flow Documentation
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
r Yes r No
Comments:
All runoff directed to riparian buffers will pass through culverts that flow under the proposed greenway trail. All culvert outlets will discharge to appropriately designed outlet systems with
NCDOT standard -sized rip rap velocity dissipater pads. Rip rap will not be placed within riparian buffers.
G. Supplementary Information
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
r Yes r No
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 (North Carolina)
Environmental Policy Act (NEPA/SEPA)? *
r Yes r No
1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House?*
r^ Yes r No
Comments:*
The Town of Cary has coordinated with NCDOT and FHWA regarding environmental documentation. A Programmatic Categorical Exclusion (PCE) was
submitted to NCDOT/FHWA in June 23, 2016.

2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)? *
f Yes r No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
r Yes r No
3b. If you answered "no," provide a short narrative description.
Construction of the greenway is not anticipated to catalyze an increase in nearby development.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
f Yes r Nor N/A
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
r Yes r No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
r Yes r No
5c. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
5d. Is another Federal agency involved?*
r Yes r No r Unknown
What Federal Agency is involved?
FEMA
5e. Is this a DOT project located within Division's 1-8?
r Yes r No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
Ecological Engineering (VHB) reviewed the USFWS list of federally protected species documented from Wake County and the NC Natural Heritage
Program database, conducted habitat evaluations, and surveyed for federally protected plant species for which potentially suitable habitat was found
within the study area. Additionally, prior to the project receiving Federal funding, Ecological Engineering submitted a request for concurrence with our
findings to the USFWS in order to provide documentation during the CLOMR process. A concurrence letter dated July 30, 2015 was received.
Following receipt of Federal funding, a second description of findings was prepared for the Programmatic Categorical Exclusion document. The finding
differs between these two documents for the Northern Long-eared Bat (NLEB); the original concurrence request contains the biological conclusion
"May Affect, Not Likely to Adversely Affect" based on a proposed tree clearing moratorium for the project, while the current version included in the
PCE document contains the biological conclusion "May Affect, Likely to Adversely Affect" in conjunction with the NCDOT Programmatic Biological
Opinion for Divisions 1-8. Assuming PCE approval, the project will not include a tree clearing moratorium for the NLEB, and will comply with any
conditions requested during the PCE approval process, such as reporting the acreage of tree clearing to NCDOT PDEA. The finding for all other T/E
species is "No Effect".
Consultation Documentation Upload
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
r Yes r No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
NOAA Fisheries EFH mapper website.
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 status?*
r Yes r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
Ecological Engineering coordinated with the State Historic Preservation Office (SHPO). Letters dated July 29, 2014 and September 4, 2014 indicate
that no documented historic resources would be affected by the project, and offered no objection to project implementation proposed. The project was
assigned SHPO identification number ER 14-1602. Please find the response letters attached.
7c. Historic or Prehistoric Information Upload
ER 14-1602 FirstLetter.pdf 101.9KB
ER 14-1602 Second Letter.pdf 101.11KB

8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year flood plain?*
6 Yes t^ No
8b. If yes, explain how project meets FEMA requirements:
The project has been coordinated through the Local Floodplain administrator and the NC Floodplain Mapping Program on behalf of FEMA. A CLOMR
was submitted in May 2015, and subsequently issued on December 11, 2015, for a proposed greenvoy crossing within a FEMA detailed study area.
8c. What source(s) did you use to make the floodplain determination?*
NC Floodplain Mapping Program
Miscellaneous
Comments
Miscellaneous attachments not previously requested.
CoverLetter_PantherCreekPermitModification.pdf 113.63KB
15-04-7582R-370238-104.pdf 121.6KB
Signature
W By checking the box and signing below, I certify that:
. I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act');
. I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act');
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the PCN form.
Full Name:
David G. Cooper
Signature
0 � 0,
Date
5/15/2019