A. Permitting

A.

PERMITTING

The trail alignment location will determine permitting requirements for implementation which may also affect trail character by dictating trail type.

STREAMS & WETLANDS

Streams are regulated under the Clean Water Act (CWA) by both federal and state government agencies. The US Army Corps of Engineers (USACE) regulates the dredging and filling of Waters of the US (including stream and wetlands) under section 404 of the CWA. The NC Department of Environmental Quality (DEQ) - Division of Water Resources (DWR) regulates discharges of pollutants to waters of the state under section 401 of the CWA. Any impact to streams or wetlands throughout the corridor will require both section 401 and 404 permits. One application form is used for both permits. Total stream impacts up to 300 linear feet can be permitted using Nationwide Permits (NWP) and associated Water Quality Certifications. Impacts to stream exceeding 300 linear feet would require an Individual Permit (IP).

FLOODWAYS

Any trail section that is established in the regulatory floodway will require a floodway study, or Flood Study to demonstrate that the proposed work will not result in any increase or decrease (beyond acceptable limits) in elevation or extent of the mapped 100 year flood. This “No Impact” certification is regulated through FEMA but sought through the local county government. Generally, any filling of soil in the floodway will trigger this requirement. As a result, some sections may require raised boardwalk instead of filling.

Based on GIS analysis of floodway data from the North Carolina Flood Risk Information System, there is no regulatory floodway delineated within the study area.

BUFFERS

A buffer is the land area adjacent to a stream. If any section of trail impacts the buffer of a stream that is classified as a “Trout Stream’’ additional compliance is required. A 25’-wide buffer must remain undisturbed by development (including paved trails) on both sides of a classified trout stream. For encroachment into trout buffers that cannot be avoided and that exceed 10% of the total buffer length on the site or 100 feet of buffer in any 1000 feet of buffer (whichever is less) will require a Trout Buffer Waiver from the NCDEQ - Land Quality Section.

NCDOT RIGHT-OF-WAY

Any construction of the trail in the Right-of-Way (ROW) of the Department of Transportation will require an encroachment permit. This is obtained from the division engineering office. The study area is served by Division 11. Furthermore, all design standards will require approval from NCDOT.