20090942 Ver 1_401 Application_20090809

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Consultants, PA
Phone: [phone] • Fax: [phone]
August 31,2009
S&EC Project # I I288.P 1
Soil & Environmental
11010 Raven Ridge Road • Raleigh, North Carolina 27614 •
www.SandEC.com
To: US Army Corps of Engineers
Raleigh Regulatory Field Office
Attn: Mr. Jamie Shern
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
From: Nicole Thomson
Soil & Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, NC 27614
Re: Old Raleigh Road Sidewalk
Wake County, NC
N.C. Division of Water Quality
401 Oversight and Express Permits Unit
Attn: Cyndi Karoly
2321 Crabtree Boulevard, Suite 250,
Raleigh, NC 27604-2260
AI
On behalf of the owner, Town of Apex, Attn: Mr. Kent Jackson, 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 Permits 14, General Water Quality Certification 3704 and a
Neuse River Riparian Buffer Authorization. Please contact me at [phone] if you have any questions or require additional
information.
PROJFCT Si JMMARY
Project Name Old Raleigh Road Sidewalk
Project Type Sidewalk Extension
Owner / Applicant Town of Apex, Attn: Mr. Kent Jackson
County Wake
Nearest Town Apex
Waterbod Name UTs to Williams Creek
Basin / Sub-basin 03-04-02
Index Number 2743-2
Class WS-III; NSW
USGS Cataloging Unit Neuse River Basin USGS Cataloging Unit 03020201
IMPACT q1 TMMARY
Stream Impact acres : 0.0006 ac. perm.
Wetland Impact acres : 0.012 ac. perm.
Open Water Impact acres : 0
Total Impact to Waters of the U.S. acres 0.0126 ac. perm.
Total Stream Impact linear feet : 8 LF
Total Neuse River Riparian Buffer Impact (square feet) 1 1,599 s q. ft. 1,052 s q. ft. Zone 1 and 547 s q. ft. Zone 2
Attachments:
Pre-construction Notification (PCN) Application Form
USGS Topographic Quad Map
Wake County Soil Survey Map
Agent Authorization Form
DWQ Buffer Determination email
Impact Maps (11X17-USACE, 24X36-DWQ)
SHPO/OSA/NHP Report & Findings Map
$240 Application Fee to DWQ
Cc: Mr. Kent Jackson, Town of Apex
Mr. Adam Stephenson, Town of Apex
R[RUMM9 I
AU6 31 2009
WETIANOSANOSTORMW TTEERtgANM
Charlotte Office: Greensboro Office:
248 LePhillip Court 3817-E Lawndale Drive
Concord, NC 28025 Greensboro, NC 27455
Phone: [phone] Phone: [phone]
Fax: [phone] Fax: [phone]
09-0942
OF wArf9
O?
Q
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1a. Type(s) of approval sought from the
Corps:
®Section 404 Permit El Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 14 or General Permit (GP) number: 3704
1c. Has the NWP or GP number been verified by the Corps? ® Yes ? No
1d. Type(s) of approval sought from the DWQ (check all that apply):
N 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express N Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
? Yes N No For the record only for Corps Permit:

? Yes N No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. ? Yes N No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ? Yes N No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes N No
2. Project Information
2a. Name of project: Old Raleigh Road Sidewalk
2b. County: Wake
2c. Nearest municipality / town: Apex
2d. Subdivision name: N/A
2e. NCDOT only, T.I.P. or state
project no: N/A
3. Owner Information
3a. Name(s) on Recorded Deed: N/A
3b. Deed Book and Page No. N/A
3c. Responsible Party (for LLC if
applicable): Town of Apex Attn: Mr. Kent Jackson
3d. Street address: PO Box 250
3e. City, state, zip: Apex, NC 27502
3f. Telephone no.: 919-249-3377
3g. Fax no.: N/A
3h. Email address: N/A
Page 1 of 11
PCN Form - Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent ® Other, specify: Municipality
4b. Name: Town of Apex Attn: Mr. Kent Jackson
4c. Business name
(if applicable): N/A
4d. Street address: PO Box 250
4e. City, state, zip: Apex, NC 27502
4f. Telephone no.: 919-249-3377
4g. Fax no.: N/A
4h. Email address: N/A
5. Agent/Consultant Information (if applicable)
5a. Name: Nicole J. Thomson
5b. Business name
(if applicable): Soil & Environmental Consultants, PA
5c. Street address: 11010 Raven Ridge Road
5d. City, state, zip: Raleigh, NC 27614
5e. Telephone no.: [phone]
5f. Fax no.: [phone]
5g. Email address: [e-mail]
Page 2 of 11
B. Project Information and Prior Project History
1. Property Identification
1 a. Property identification no. (tax PIN or parcel ID): N/A - sidewalk project
1 b. Site coordinates (in decimal degrees): Latitude: 35.7355 Longitude: - 78.8344
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: N/A acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
proposed project: UTs to Williams Creek (27-43-2; sub-basin 03-04-02)
2b. Water Quality Classification of nearest receiving water: WS III; NSW
2c. River basin: Neuse (USGS Cataloging Unit 03020201)
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
Currently, the site consists of a 2-lane paved road. The surrounding land use consists of single family homes.
3b. List the total estimated acreage of all existing wetlands on the property:
+/- 0.082 ac
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
There is no stream lenght within the existing right of way (R-O-W); the property is owned to the center of the road and NC
DOT has maintainable limits to the ditchline. Old Raleigh Road is an NCDOT state maintined roadway.
3d. Explain the purpose of the proposed project:
The purpose for this project is to complete all gaps of sidewalk between the Eva Perry Regional Library on Shepherds
Vineyard Drive and the Town Campus. This is the last remaining gap of sidewalk along the Olive Chapel/Hunter
Street/Old Raleigh Road corridor from the westernmost corporate limits heading east for approximately 5.4 miles.
3e. Describe the overall project in detail, including the type of equipment to be used:
The proposed project is for the installation of a 5 foot wide sidewalk along the existing Old Raleigh Road. There is an
existing pipe crossing under Old Raleigh Road that will need to be extended 8 feet to accommodate the new sidewalk
and associated fill slopes. There will also be minor "allowable" riparian buffer impact as well as some minor wetland fill
associated with the sidewalk installation. Equipment typically used for sidewalk installation will be utilized including a
crane (carry deck type).
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
ED Yes ? No ? Unknown
project (including all prior phases) in the past?
Comments:
4b. If the Corps made the jurisdictional determination, what type
? Preliminary ? Final N/A
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Soil & Environmental
Name (if known): Mr. Steven Ball Consultants, PA
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Ms. Lauren Witherspoon (NC DWQ) met with Mr. Adam Stephenson (Town of Apex) on June 22, 2009 to review the
stream features within the vicinity of the proposed sidewalk addition. At that time Ms. Witherspoon confirmed the two
stream features and the applicability of the Neuse River Riparian Buffer Rules (see attached email confirmation). Ms.
Witherspoon also noted the presence of wetlands within the Town of Apex ROW for Old Raleigh Road.
On August 4, 2009 Mr. Steven Ball (S&EC) conducted a wetland delineation and flagged the wetland boundary within the
proposed project limits. The Town of Apex surveyed the wetland boundary as well as the top-of-bank location for both
stream features as depicted on the attached impact maps. USACE staff requested photographic information and data
sheets in lieu of a site visit. To date, no jurisdictional determination has been issued for the project area.
Page 3 of 11
PCN Form - Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past? ? Yes ® No ? Unknown
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project? ? Yes ® No
6b. If yes, explain.
Page 4 of 11
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
® Wetlands ® Streams - tributaries ® Buffers
? Open Waters ? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Temporary T
W1 ®P ? T Permanent Fill Forested ® Yes
? No ® Corps
® DWQ 0.012
W2 ? P ? T ? Yes ? Corps
? No ? DWQ
W3 ? P ? T ? Yes ? Corps
? No ? DWQ
W4 ? P ? T ? Yes ? Corps
? No ? DWQ
W5 ? P ? T ? Yes ? Corps
? No ? DWQ
W6 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts 0.012
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number - (PER) or (Corps - 404, 10 stream length
Permanent (P) or intermittent
DWQ -non-404,
width
(linear
Temporary (T) (INT)? other) (feet) feet)

S1 ®P ? T Permanent
(culvert
UT to Williams Creek
® PER
?INT
® Corps
®DWQ
+/-3
8
extension)
S2 ? P ? T ? PER ? Corps
? INT ? DWQ
S3 ? P ? T ? PER ? Corps
? INT ? DWQ
S4 ? P ? T ? PER ? Corps
? INT ? DWQ
S5 ? P ? T ? PER ? Corps
? INT ? DWQ
S6 ? P ? T ? PER ? Corps
? INT ? DWQ
3h. Total stream and tributary impacts 8
3i. Comments:
Page 5 of 11
PCN Form - Version 1.3 December 10, 2008 Version
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individual) list all open water impacts below.
4a.
Open water
impact number -
Permanent (P) or
Temporary T 4b.
Name of
waterbody
(if applicable) 4c.

Type of impact 4d.

Waterbody type 4e.

Area of impact (acres)
01 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
0. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a.

Pond ID 5b.

Proposed use or 5c.
Wetland Impacts (acres) 5d.
Stream Impacts (feet) 5e.
Upland
(acres)
number purpose of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
? Yes ? No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
Page 6 of 11
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If an impacts require mitigation, then you MUST fill out Section D of this form.
6a.
? Neuse ? Tar-Pamlico ? Other:
Project is in which protected basin? ? Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number - Reason for impact Buffer Zone 1 impact Zone 2 impact
Permanent (P) or Stream name mitigation (square feet) (square feet)
Temporary T required?

B1 ®P ? T Culvert
Extension/sidewalk UT to Williams ? Yes
613
203
installation Creek ® No
B2 ®P ? T Sidewalk Installation UT to Williams ®
s 439 344
Creek No
B3 ?P?T ?Yes
? No
6h. Total buffer impacts 1,052 547
6i. Comments:
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Old Raleigh Road is a previously existing roadway with a culvert pipe conveying the UT to Williams Creek. The location
of the proposed sidewalk is limited due to the pre-existing roadway. The pipe extension is necessary to accommodate
the 5-foot sidewalk addition. The wetland impacts as well as the associated Neuse River Riparian Buffer impacts are also
necessary due to the needed fill slopes to accommodate the sidewalk addition.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
The crane will operate from the roadway during installation of the pipe extension. Equipment will be kep out of the
embankment area in the vicinity of the stream.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for ? Yes ® No
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps
? Mitigation bank
2c. If yes, which mitigation option will be used for this
project?
F-1 Payment to in-lieu fee program
? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter) Type Quantity
Page 7 of 11
3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ? Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? ? Yes ® No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.

Zone 6c.
Reason for impact 6d.
Total impact
(square feet)
Multiplier 6e.
Required mitigation
(square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments:
Page 8 of 11
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified ? Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
Comments: The proposed sidewalk addition does not include any direct discharge to ? Yes ® No
the protected riparian buffer and therefore, no diffuse flow plan is required.
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? N/A %
2b. Does this project require a Stormwater Management Plan? ? Yes ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: The proposed sidewalk addition will be
within the existing ROW for Old Raleigh Road and therefore, any stormwater will be directed into the pre-existing drop
inlets on Old Raleigh Road.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
? Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program
? DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?
? Phase II
3b. Which of the following locally-implemented stormwater management programs ? NSW
? USMP
apply (check all that apply): ? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No
attached?
4. DWQ Stormwater Program Review
? Coastal counties
? HQW
4a. Which of the following state-implemented stormwater management programs apply ? ORW
(check all that apply):
? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? ? Yes ? No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No
5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No
Page 9 of 11
PCN Form - Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ® Yes ? No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ? Yes ® No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.) ? Yes ? No
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ? Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
We have reviewed the "DRAFT Internal Policy, Cumulative impacts and the 401 Water Quality Certification and
Isolated Wetland Programs" document prepared by the NC Division of Water Quality on April 10, 2004, version 2.1.
The proposed sidewalk addition does not meet any of the "growth stimulating" criteria. Additionally, the proposed
sidewalk is within a developed landscape; it is the surrounding residential area that necessitates the need for the
sidewalk addition. We anticipate that you will advise us if a qualitative or quantitative impact analysis is required.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
It is not anticipated that this project will generate any wastewater.
Page 10 of 11
PCN Form - Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ? Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes ® No
impacts?
?
Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
File search for State or Federally protected species and Significant Natural Communities was performed though the
Natural Heritage Program (NHP) Office (see attached report and map of findings).
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
The proposed project is in Wake County which is not near any coastal or tidal habitat that would support EFH (i.e. salt
marshes, oyster reefs, etc.)
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ? Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
Records checks at both the State Historic Preservation Office and the Office of State Archaeology (see attached report
and map of findings).
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? http://www.nefloodmaps.com/
- ?) 8/3i ?Zanq
Applicant/Agent's Printed Name Applica gent's Signature
- - Date
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
Page 11 of 11
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Project No. Ficgure I - 1:24K USGS
11288.P I
Topographic Quadrangle
Project Mgr.: Apex Sidewalk Ext Soil & Environmental Consultants, PA
NT
Town of Apex 11010 Raven Ridge Rd_• Raleigh, NC 27614
Scale: Apex, NC 846-5900 - (919)
I 2,000' ICI
Apex Quadrangle
08/ 14/09
Page 1 of 2
Nikki Thomson
From: Witherspoon, Lauren [[e-mail]]
Sent: Monday, July 13, 2009 2:08 PM
To: Adam Stephenson
Subject: RE: Stream Buffer Determination - Old Raleigh Sidewalk
You will need to apply for a buffer authorization because the fill and perhaps the sidewalk will be in the buffer.
Greenway/hiking trails are Allowable according to the Neuse River Buffer table of uses and we can consider this
as such. Therefore, you will not need to pay for mitigation for the buffer impacts. You will have to have the top-
of-bank of the stream surveyed and have the buffer depicted on the maps you submit with the application. You
will need to calculate the area in Zone 1 (the first 30 feet measure from the top-of-bank) and Zone 2 (the latter
20 feet measured from Zone 1) that will be impacted by the additional fill and sidewalk.
I don't know if you have determined the extent of the wetlands but this will need to be determined so that
either you don't impact wetlands or you account for the impacts in a permit application.
Please note that Jamie will decide whether a 404 permit is applicable. This will dictate whether a 401 permit will
need to be applied for.
Lauren
From: Adam Stephenson [mailto:[e-mail]]
Sent: Monday, July 13, 2009 12:59 PM
To: Witherspoon, Lauren
Subject: RE: Stream Buffer Determination - Old Raleigh Sidewalk
Thanks for the info! Were you able to get an answer on the type of permit application?
Regarding the road fill, it will not impact the stream if NCDOT accepts our proposed cross section. See attached
layout.
I sent pictures taken at the crossline storm drainage to Jamie Shern and I'm waiting to hear back.
From: Witherspoon, Lauren [mailto:[e-mail]]
Sent: Wednesday, June 24, 2009 3:59 PM
To: Adam Stephenson
Subject: RE: Stream Buffer Determination - Old Raleigh Sidewalk
Sorry I haven't gotten back with you. I haven't had a chance to talk to our buffer coordinator about the sidewalk
yet. She will be back in the office tomorrow. So I should have an answer on the type of permit application you
will need to fill out. I hung a piece of the flagging along the road where your surveyor can go into the woods and
another where the stream starts. It is a lot closer to the neighborhood than I expected. This is good and bad.
The good thing is less buffer to deal with but the bad thing is that the stream is almost at the base of the road
fill. Therefore, you may need to include pictures of this for Jamie Shern because I would assume you would have
to fill this in (this may require a 404/401 permit - up to Jamie). Another problem you may have it that above the
origin of the stream there may be a wetland. It looked fairly wet the other day. I didn't have a chance to see
what the extent of it was but again part of it abuts the toe-of-slope of the road. You may want to get a
consultant to delineate the area.
The links for the two forms you may need are http://www.saw.usace.army.mil/WETLANDS/pcn/ (for a 404/401
and/or buffer authorization) and
8/27/2009
Page 2 of 2
http://h2o.enr.state.nc.us/ncwetiands/`RiparianBufferRules.htm#buffer authorization application forms (for a
minor variance).
I should have an answer for you on the buffers by Friday but again it looks like you have a little more extensive
stream/wetland system than anticipated and may have more impacts to these features.
I will try to catch up with you by the end of the week.
Lauren
From: Adam Stephenson [mailto:[e-mail]]
Sent: Wednesday, June 24, 2009 1:57 PM
To: '[e-mail]'
Subject: RE: Stream Buffer Determination - Old Raleigh Sidewalk
Hey Lauren-
Just following up on our Monday meeting and your field visit, were you going to provide a link to the forms I need
for the permit application?
Also, it will probably benefit our cause to go through the express review process. John Holley said I'll need to
contact Karyn Pageau in his unit who coordinates the process, but please let me know if this affects the forms I
need.
Thanks!
From: Adam Stephenson
Sent: Thursday, May 21, 2009 3:51 PM
To: '[e-mail]'
Cc: Michael Deaton; Russell Dalton; Kent Jackson
Subject: Stream Buffer Determination - Old Raleigh Sidewalk
The Town of Apex has received ARRA (stimulus funds) approval for a sidewalk project and we are moving
forward with preliminary engineering. There is a stream centerline shown on GIS connecting to what appears to
be an old farm pond, and it is very close to Old Raleigh Road on the north side, the side where we're proposing to
construct the sidewalk. This is in the Neuse Basin.
Could you provide a stream buffer determination?
Whom should I contact with the Corp regarding wetland determination/impacts?
I've attached a vicinity map with the area of interest outlined in red.
Thanks.
Adam Stephenson, PE, CFM
Senior Engineer
Town of Apex
919-249-3417 phone
919-249-3416 fax
Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties.
Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties.
8/27/2009
Name:
Soil & Environme lta:l Consultants, TA
Address:PO Box 250, Apex, NC 27502
Phone: [phone]
Project Name/Description:
Date: 07-28-09
Old Raleigh Sidewalk
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
P.O. Box 1890
Wilmington, NC 28402
Attn: -S-A V t t€ S lE t2. Q
Field Office: ?-A Lr i Gr l,+
Re: Wetlands Related Consulting and Permitting
To Whom It May Concern:
S&EC Project # I I Z 88. 9 L
I, the current landowner or municipal official hereby designate and authorize Soil & Environmental
Consultants, PA to act in my behalf as my agent in the processing of permit applications, to furnish upon
request supplemental information in support of applications, etc. from this day forward. The
28th day of July, 2009
This notification supersedes any previous correspondence concerning the agent for this project.
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for
government officials to enter the property when accompanied by VS&E staff. You should call S&EC
to arrange a site meeting prior to visiting the site.
Kent Jackson
Director of Construction Management
Print Property Owners or Municipal Official's Name P4erty Owner'sVr Municipal Official's Signature
cc: Ms. Cyndi Karoly cc: Mrs. Nicole Thomson
NCDENR - DWQ Soil & Environmental Consultants, PA
2321 Crabtree Boulevard
Raleigh, NC 27604
Charlotte C3ftic Greensboro Uffic;, _
236
L.ePhillip Court, Suite C 38174, Law•ndule Drive
Concord, NC '28025 CrcExrisliciio NC 274:5:
Phone: [phone] Phpnw: (3M) 540-3234
Facet (704y 720-9406 F`. (336)540
Loud: Raleigh; North . Carolina 27614 Pho:ie; O13) S46-5900 .! : Fax: : (919) 84&946-7
110 10 Raven Ridge Town of Apex
AGENT AUTHORIZATION FORM
All Blanks To Be Filled In By The Current Landowner or Municipal Official
Environmental Consultants, PA
Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
www.SandEC.com
August 20, 2009
S&EC Project # 11288.E1
Town of Apex
Attn: Mr. Kent Jackson
73 Hunter Street
Apex, NC 27502 r"I
Re: State Historical Records Review / Office of State Archaeology / D 93@R OW [A U
Natural Heritage Program File Search AUG 3 1 2009
Apex Sidewalk Expansion (+/- 1 acre)
Apex, Wake County, North Carolina DENR-wATEROUAUTY
WETLANDS AND STORMWATER WX„
Dear Mr. Jackson:
In August 2009, S&EC conducted a review of records at the North Carolina State Historic Preservation Office
(SHPO) and North Carolina Office of State Archaeology (OSA). The in-depth review included consultation
with cultural resources staff and map room searches for sites and structures of historical, cultural, and
archaeological significance within a 1-mile radius of the subject property. In addition, a file search for state or
federally protected species and significant natural communities within a 5-mile radius was performed through
the Natural Heritage Program (NHP) office located in Raleigh, North Carolina. These records were updated
utilizing the NHP Virtual Workroom (NHP 2009) and by requesting element occurrence identifications from
NHP staff. The USGS map and location of the project site with respect to these occurrences accompanies
this report.
Findings - NC State Historic Preservation Office
North Carolina SHPO maintains records and locations of buildings, structures, and objects that are listed by
local governments as historic landmarks or those which are listed or eligible for listing on the National
Register of Historic Places. The records check at the State Historic Preservation Office revealed no
structures on the property that appear on the National Registry (NR), Determination of Eligibility (DOE), Study
List (SL), or Locally Designated (LD) lists. North Carolina state law does not provide protection for properties
that are determined eligible but not listed in the National Register. Neither placement on the Study List nor a
formal determination of eligibility by the Keeper of the National Register has an official role in state
environmental review procedures. No structures appearing on the National Registry list will be impacted by
this project.
A list of historical structures within a 1-mile radius of the property boundary follows:
WA 185 (NR)(LD) Apex Town Hall
WA 222 (NR) (former) Apex Union Depot
WA 676 (SL) (Altered) John Seagroves Farm
WA 4097, 4217, and 4423 (NR) (SL) Boundary Expansions of the Apex Historic District
Many other significant historic sites are documented outside the 1-mile radius of the property boundary.
These sites are not labeled on the attached map.
August 20, 2009
S&EC Project #11288.E1
Findings - NC Office of State Archaeology
The North Carolina Office of State Archaeology records archaeological sites and excavations. The OSA
record check was performed in August 2009. The immediate area surrounding the Apex Sidewalk Expansion
Project has been reviewed by OSA staff and has been determined to be of no archaeological significance. No
significant sites or artifacts are recorded within the site boundaries, and there are no significant or Nationally
Registered historic archaeological locations recorded near the site.
Findings - NC Natural Heritage Program Records Review
Overall Findings - NC Natural Heritage Program Records Review
The North Carolina Natural Heritage Program records occurrences of rare plant and animal species,
exemplary natural communities, and special habitats known to occur in North Carolina. An updated record
check of all species listed in Wake County, NC was performed in August 2009.
Wake County Federally Listed Endangered and Threatened species:
Common Name Scientific Name State Status Federal Status County Status
Dwarf Wedgemussel Alasmidonta heterodon E E Wake - Current
Michaux's Sumac Rhus michauxii E-SC -I E Wake - Current
Red-Cockaded
Woodpecker Picoides borealis E E Wake - Historical
Other Wake County State Listed Species. Federal Species of Concern, and NCNHP Listed Significantly Rare
Species:
Common Name Scientific Name State Status Federal Status 11county Status
Triangle Floater Alasmidonta undulata T None Wake - Current
Carolina Ladle Crayfish Cambarus da SR None Wake - Current
A Caddisfly Dibusa angata SR None Wake - Current
Yellow Lance Elliptio lanceolata JE FSC Wake - Current
Roanoke Slabshell Elliptio roanokensis T None 71wake - Current
Mottled Duskywing Erynnis martialis SR None (Wake - Obscure
Atlantic Pigtoe Fusconaia masoni J-? FSC Wake - Current
Septima's Clubtail Gomphus septima SR FSC Wake - Obscure
Eastern Lampmussel Lampsilis radiata T None Wake - Current
Green Floater Lasmigona subviridis E FSC Wake - Current
Lemmer's Pinion Lithophane lemmeri SR None Wake - Obscure
North Carolina Spiny
Crayfish Orconectes carolinensis
1 SC
1 None
1 Wake - Historical

Giant Swallowtail
Papilio cresphontes
SR None Wake -Obscure
-- ---- ------- -
A New Prominent Moth Schizura sp. 1 SR None Wake -Obscure
Creeper Strophitus undulatus IT None Wake - Current
Notched Rainbow Villosa constricta? SC None Wake - Current
Oersted's Campylopus Campy/opus oerstedianus SR-D -IINone
Wake - Historical
Prairie Pleuridium C/eistocarpidium palustre SR-D None Wake -Current
Orange Peatmoss Sphagnum subsecundum SR-P None Wake - Historical
Common Name Scientific Name State Status Federal Status -11countv status
71
August 20, 2009
S&EC Project #l 1288.E1
A Chain-teeth Moss Tortula plinthobia SR-O None Wake - Historical
Carolina Birdfoot-trefoil Acmispon helleri SR-T _] FSC -? Wake - Current
American Bluehearts Buchnera americans SR-P None Wake - Historical
Douglass's Bittercress 11cardamine douglassii SR-P None Wake - Current
Kidney Sedge Carex reniformis SR-P None Wake - Historical
Rigid Sedge Carex tetanica SR-P None Wake - Historical
Carolina Thistle Cirsium carolinianum SR-P None Wake - Historical
Coastal Virgin's-bower Clematis catesbyana SR-P 7--I None Wake - Historical
Granite Flatsedge Cyperus granitophilus SR-T None _] Wake - Current
A Witch Grass Dichanthelium annulum SR-P None Wake - Historical
A Witch Grass I Dichanthelium sp. 9 SR-L None -? Wake - Historical
Water Purslane Didiplis diandra SR-P None Wake - Current
Godfrey's Thoroughwort Eupatorium godfreyanum SR-P None Wake - Historical
Large Witch-alder Fothergilla major SR-T -J None Wake - Current
Indian Physic Gillenia stipulate SR-P None Wake - Current
Littleleaf Sneezeweed Helenium brevifolium E None Wake - Historical
Piedmont Quill wort Isoetes piedmontana T None Wake - Current
Earle's Blazing-star Liatris squarrulosa SR-P None Wake - Current
Bog Spicebush Lindera subcoriacea T FSC Wake - Current
Bigleaf Magnolia Magnolia macrophylla SR-P None ____] Wake - Current
Glade Milkvine - J Matelea decipiens SR-P None Wake - Current
Swamp Saxifrage Micranthes pensylvanica SR-P None Wake - Current
Sweet Pinesap Monotropsis odorata SR-T FSC Wake - Historical
Seneca Snakeroot Polygala senega SR-D None Wake - Current
Small's Portulaca Portulaca smallii T None Wake -Current
Heller's Rabbit-Tobacco Pseudognaphalium helleri SR-P None Wake - Current
Virginia Mountain-mint Pycnanthemum virginianum SR-P None Wake - Current
Low Wild-petunia Ruellia humilis J I--I None Wake - Historical
Pursh's Wild-petunia Ruellia purshiana SR-O None Wake - Historical
Grassleaf Arrowhead Sagittaria weatherbiana SR-T FSC - I Wake - Historical
Southern Skullcap Scutellaria australis SR-P _IINone Wake - Historical
Veined Skullcap 1 1scutellaria nervosa SR-P None Wake - Historical
Prairie Dock Silphium terebinthinaceum SR-P None __J Wake - Historical
Western Rough Goldenrod Solidago radula SR-P None Wake -Historical
Narrow-leaf Aster FSmphyotrichum laeve var.
ncinnum None Wake - Historical
Appalachian Golden-banner Thermopsis mollis SR-P _IINone Wake - Current
Virginia Spiderwort Tradescantia virginiana SR-P None Wake - Current
Buffalo Clover Trifolium reflex um SR-T None Wake - Current
Virginia Least Trillium Tum pusillum var. E FSC ? ff-Current
Bachma
n's Sparrow
Aimophila aestivalis
SC FSC
Wake -Historical
Roanoke Bass IAmbloplites cavifrons SR FSC Wake - Current
Star-nosed Mole - Coastal
Plain Population Condylura cristata pop. 1 SC ] None Wake - Current
Eastern Tiger Salamander Ambystoma tigrinum T None Wake -Current
Common Name Scientific Name State Status Federal Status County Status
August 20, 2009
S&EC Project #11288.E1
Bald Eagle Haliaeetus leucocephalus T None Wake - Current
Four-toed Salamander Hemidactylium scutatum SC None Wake - Current
Southern Hognose Snake Heterodon simus SC FSC Wake - Obscure
Least Brook Lamprey Lampetra aepyptera J IT None Wake - Current
Loggerhead Shrike Lanius ludovicianus SC None Wake -Current
Southeastern Myotis 1 1myotis austroriparius SC FSC Wake - Historical
Neuse River Waterdog Necturus lewisi SC None Wake - Current
Carolina Madtom Noturus furiosus T FSC Wake - Current
Eastern Fox Squirrel 1 1sciurus niger SR None Wake - Current
Triangle Floater Alasmidonta undulata T None Wake - Current
Carolina Ladle Crayfish Cambarus davidi SR None Wake -Current
A Caddisfly Dibusa angata SR None Wake - Current
Yellow Lance Elliptio lanceolate E FSC Wake - Current
Roanoke Slab shell Elliptio roanokensis T None Wake - Current
Mottled Duskywing Erynnis martialis SR -J None Wake - Obscure
Atlantic Pigtoe Fusconaia masoni E FSC Wake - Current
Septima's Clubtail Gomphus septima SR FSC Wake - Obscure
Eastern Lampmussel Lampsilis radiate T None Wake - Current
Green Floater Lasmigona subviridis JE FSC Wake - Current
Lemmer's Pinion Lithophane lemmeri SR None Wake -Obscure
North Carolina Spiny
Crayfish Orconectes carolinensis SC None Wake - Historical
Giant Swallowtail Papilio cresphontes SR None Wake - Obscure
A New Prominent Moth Schizura sp. 1 SR None Wake - Obscure
Creeper Strophitus undulatus T None Wake - Current
Notched Rainbow Villosa constricts SC None Wake -Current
US-E: Federally Endangered
US-T: Federally Threatened
US-FSC: Federal Species of Concern
US-C: Federal Candidate
NC-E: North Carolina Endangered
NC-T: North Carolina Threatened
NC-SC: North Carolina Special concern
NCNHP-SR: North Carolina Natural Heritage Program designated Significantly Rare
-P: Peripheral, -T: Throughout Range, -L: Local
"Endangered Species" (E) means any native species documented by biological research and inventory to be
in danger of extirpation throughout all or a significant portion of its range within the state and to have no more
than five occurrences in the state, and any species determined to be an "endangered species" pursuant to
the federal Endangered Species Act.
"Threatened Species" (T) means any native species documented by biological research and inventory to be
likely to become an endangered species within the foreseeable future throughout all or a significant portion of
its range within the sate and to have no more than nine occurrences in the state, and any species determined
to be a "threatened species" pursuant to the federal Endangered Species Act, except for such species
determined to be endangered by the Commissioner in accordance with section 4 of this act.
August 20, 2009
S&EC Project #11288.E1
"Candidate" (C) "Taxa for which the [Fish and Wildlife] Service has on file enough substantial information on
biological vulnerability and threat(s) to support proposals to list them as endangered or threatened. Proposed
rules have not yet been issued because this action is precluded at present by other listing activity.
Development and publication of proposed rules on these taxa are anticipated. The Service encourages State
and other Federal agencies as well as other affected parties to give consideration to these taxa in
environmental planning." (Federal Register, February 28, 1996). Taxa formerly in 'Category 1' are now
considered as 'Candidate'.
"Species of Special Concern" (SC) means any native plant species or any native nonharvested wildlife
species documented by scientific research and inventory to have a naturally restricted range or habitat in the
state, to be at a low population level, to be in such high demand by man that its unregulated taking would be
detrimental to the conservation of its population or has been extirpated from the state.
"Significantly Rare" (SR) Species which are very rare in North Carolina, generally with 1-20 populations in the
state, generally substantially reduced in numbers by habitat destruction (and sometimes also by direct
exploitation or disease). These species are generally more common somewhere else in their ranges,
occurring in North Carolina peripherally to their main ranges, mostly in habitats which are unusual in North
Carolina. Also included are some species with 20-100 populations in North Carolina, if they also have only
50-100 populations rangewide and are declining.
Site-specific Findings - NC Natural Heritage Program Records Review
The subject property is located on the Apex USGS quadrangle. No federally protected species are
documented within a 5-mile radius of the property. Several Significant Natural Heritage Areas and other
element occurrences of rare plants and animals are located within a 5-mile radius of the subject property.
These areas and occurrences are listed below. Due to the sensitivity of the locations of rare species, the
element occurrences for plants and animals within a 5-mile radius of the Apex Sidewalk Expansion site are
listed solely by their category on the attached map.
Significant Natural Heritage Areas within a 5-mile Radius of the Apex Sidewalk Expansion Site:
White Oak Creek Floodplain
Hemlock Bluffs State Natural Area
Swift Creek Bluffs
Element Occurrences of Rare Plants and Animals within a 5-mile Radius of the Apex Sidewalk Expansion
Site:
Rigid Sedge Eastern Lampmussel Four-toed Salamander
Eastern Fox Squirrel Sweet Pinesap Carolina Madtom
Indian Physic Eastern Tiger Salamander
No Significant Natural Heritage Areas are located within the property boundaries. No GIS layer polygons of
any rare species overlap with the evaluated portion of the Apex Sidewalk Expansion project (NHP 2009a). No
federally listed species are documented within the property boundaries.
Summary
The records search at the Natural Heritage Program revealed that the above-listed species occur within a 5-
mile radius of the project boundaries. No federally listed or other rare species are documented within the
property boundaries; however, several federally and state listed species are documented within a 5-mile
radius of the project boundary. The file search at the State Historic Preservation Office produced no records
August 20, 2009
S&EC Project #11288.E1
of structures on property listed on the National Registry (NR), Determination of Eligibility (DOE), Study List
(SL), or Locally Designated (LD) lists. The records search at the North Carolina Office of State Archaeology
revealed no documented historical archaeological sites, surveys, or artifacts within or adjacent to the project
boundaries. This project will not occur in an area of essential fish habitat (NOAA 2009), nor will this project
impact an area that is designated critical habitat for endangered species.
If you have any questions or need additional services, feel free to contact S&EC.
Sincerely,
SOIL AND ENVIRONMENTAL CONSULTANTS, PA
David Gainey
SA&M Department Manager
David Cooper
Staff Biologist
Attachments:
1) Natural Heritage, Cultural, and Historic Areas Map
References
[NHP] North Carolina Natural Heritage Program. 2009. Internet-based search: Natural Heritage Program
Virtual Workroom <http://www.ncnhp.org> Accessed 11 August 2009.
[NHP] 2009a. Internet-based search:
<http://www.nconemap.com/GetData/DownloadFTP/tabid/286/Default.aspx> Accessed 11 August 2009.
[NOAA] National Oceanic and Atmospheric Administration. 2009. Internet-based search: NOAA Fisheries
Essential Fish Habitat Mapper <http://sharpfin.nmfs.noaa.gov/website/EFH_Mapper/map.aspx>
Accessed 11 August 2009.