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HomeMy WebLinkAbout20030198 Ver 1_COMPLETE FILE_20030220OF WATER Michael F. Easley, Governor Q William G. Ross Jr., Secretary \0 North Carolina Department of Environment and Natural Resources CO Alan W. Klimek, P.E., Director ? { Division of Water Quality March 3, 2003 Wake County DWQ Project # 03-0198 APPROVAL of 401 Water Quality Certification and Neuse River Buffer Rules Town of Apex Post Office Box 250 Apex, NC 27502 To Whom It May Concern: You have our approval, in accordance with the attached conditions, to impact 0.012 acres of wetlands, 149 feet of stream and 0.32 acres of buffers for the purpose of constructing the Perry Road Extension as you described in your application dated February 20, 2003. After reviewing your application we have decided, this fill is covered by General Water Quality Certification Number 3375. This Certification allows you to use Nationwide Permit Number 14 when the Corps of Engineers issues it. This approval is also valid for the Neuse River buffer rules (15A NCAC 213.0233). In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. This approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General Certification. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification and those listed below. 1. Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. If you do not accept any of the conditions of this certification, you may ask for,,an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. 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), (http://h2o.enr.state.nc.us/ncwetiands This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Bob Zarzecki at 919-733-9726 or Steve Mitchell at our Raleigh Regional Office at 919-471-5700. Sincerely, Attachment cc: Corps of Engineers Raleigh Field Office Raleigh DWQ Regional Office File Copy Central Files Brad Suther, S&EC W. Klimek, P.E., Dir ctor February 20, 2003 0 9 NCDENR-DWQ US Army Corps of Engineers Attn: Mr. John Domey Attn: Ms. Andrea Wade 2321 Crabtree Blvd 6508 Falls of the Neuse Rd., Ste. 120 Parkview Building Raleigh, NC 27615 Raleigh, NC 27604 RE: Nationwide Permit 14/401 Water Quality Certification/Neuse Buffer Approval Perry Road Extension Apex, Wake County, North Carolina S&EC Project #: 01-6398 Dear Ms. Wade and Mr. Dorney: On behalf of the Town of Apex (applicant), we hereby request authorization fro"- mF= Army Corps of Engineers (USACE) to use Nationwide Permit 14 to cover impacts to a stream channel and wetland area. We also request written concurrence from the North Carolina Division of Water Quality (NC-DWQ) that the project complies with the 401 Water Quality Certification associated with Nationwide Permit 14 and the Neuse River Basin Riparian Buffer Rules. A Pre-construction Notification Application (PCN) is attached, as well as an agent authorization form. The proposed project consists of the extension of Perry Road, a collector street that is part of the Town of Apex Thoroughfare and Collector Street Plan. The proposed extension will connect the existing Perry Road with NC Highway 55 (see attached letter from the Town of Apex, dated 1/6/03, and Fig. 4.1). The proposed corridor for the extension is located immediately west of NC 55, south of Apex, in Wake County, NC. The location of the proposed extension is shown on the attached USGS topographic quadrangle and Soil Survey of Wake County maps (see Figures I & 2). An emergent wetland and a perennial stream channel subject to the Neuse Buffers (feature "A") are located within the proposed corridor for the Perry Road Extension (see attached impact map). On September 12, 2001, Mr. Jim Cooper, of S&EC, conducted a site meeting with Ms. Amanda Jones, of the USACE, on a separate project known as the East Williams Street site. The proposed Perry Road extension will pass through the East Environmental Consultants, PA 'hone: (919) 846-5900 • Fax: (919) 846-9467 Charlotte Office: 236 LePhillip Court, Suite C Concord, NC 28025 Phone: (704) 720-9405 Fax: (704) 720-9406 Greensboro Office: 3817-E Lawndale Drive Greensboro, NC 27455 Phone: (336) 540-8234 Fax: (336) 540-8235 Hickory Olttce: 622 Coon Mountain Lane Taylorsville, NC 28681 Phone (828) 635-5820 Fax: (828) 635-5820 v Williams Street site and tie-in to NC 55 after it crosses feature "A". Ms. Jones confirmed that feature "A" and an emergent wetland area within the road corridor are jurisdictional. On September 18, 2001, Mr. Steve Mitchell, of NC-DWQ, provided a Neuse Buffer Letter for the East Williams Street site stating that feature "A" is subject to the Neuse Buffers and that feature "B" is not subject (see attached NBRRO 01-238 letter and Fig. 2). On January 28, 2003, Ms. Deborah Edwards, of NC-DWQ, determined that feature "C" is not subject to the Buffers. We a e awaiting a lette from Ms. Edwards reporting her findings. On January 31, 2003, Msndrea Wade ermined that feature "C" is not jurisdictional. The proposed impacts for the Perry Road Extension project consist of 149 linear feet of perennial stream channel, 0.320 acre of riparian buffer, and 0.012 acre of wetland. The USACE's current policy requires applicants to avoid and minimize wetland and stream channel impacts to the maximum extent practicable and may require compensatory mitigation to offset unavoidable losses of waters of the US when impacts exceed the requirements for notification (0.10 acre). The applicant requested a delineation of wetlands and waters of the U.S. within the proposed road corridor in order vord -impacts to jurisdictional areas to the maximum extent practicable. However, an amed tributary of Middle Creek separates the existing terminus of Perry Road from NC Highway 55, making it necessary to construct a road crossing of this feature in order ?s &"to dV t the,existing Perry Road to Highway 55 at the tie-in point required by the Town of Apex Tra spo ation Plan. In order to minimize impact to the channel and riparian plicnt plans to cross the feature at an approximately perpendicular angle. .propbsed collector street will cross the feature at a perpendicular angle, and because there is no practical way to extend Perry Road to connect to Highway 55 without impacting this stream channel, S&EC believes further compensatory mitigation should not be required by the USACE. However, if the USACE determines that mitigation will be required, the applicant plans to pay into the NC Wetlands Restoration Program. NC-DWQ's current policy requires mitigation for wetland impacts greater than 1 acre and perennial stream channel impacts greater than 150 linear feet per project. Because the project impacts are below these thresholds (0.012 acre of wetland, 149 linear feet of channel), S&EC believes that neither wetland nor stream mitigation should be required by NC-DWQ for this project. NC-DWQ's current policy does not require riparian buffer mitigation for road crossings that impact less than 150 linear feet or 1/3 acre of riparian buffer per crossing. Because the proposed crossing is below this threshold, S&EC believes riparian buffer mitigation should not be required by NC-DWQ. Stormwater from the road will be discharged into level spreaders in order to provide diffuse flow into the Neuse Buffers (see attached plan). Please contact Mr. Sean Dolle, of Jones & Cnossen, at (919) 387-1174 if additional information regarding stormwater collection and discharge for the proposed collector street is required. Sincerely, Brad Sutlfr Environmental Scientist Attachments: Pre-construction (PCN) notification form Agent Authorization form USGS Site Vicinity Map (Fig. 1) Wake County Soil Survey Map (Fig. 2) Buffer Letter (9/18/01) Town of Apex Letter (1/6/03) Perry Road Extension Plan Impact Map Inset Apex Transportation Plan - Thoroughfare & Collector Street Construction Plan (Fig. 4.1) $200 check for 401 Certification Fee Office Use Only' Form Version May 2002 USACE Action ID No. DWQ No. (If any particular item is not applicable to tnis project, please enter toot Appttoavic vi girl -) I. 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 2. Nationwide, Regional or General Permit Number(s) Requested: 14 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 Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), 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 1. Owner/Applicant Information Name: Town of Apex Mailing Address: P.O. Box 250 Apex NC 27502 Telephone Number: 919-362-7300 Fax Number: NA E-mail Address: NA 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: Brad Suther Company Affiliation: Soil & Environmental Consultants PA Mailing Address: 11010 Raven Ridge Road - Raleigh NC 27502 Telephone Number: 919-846-5900 Fax Number: 919-846-9467 E-mail Address: bsuther(a),sandec 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: Perry Road Extension 2. T.I.P. Project Number or State Project Number (NCDOT Only): NA 3. Property Identification Number (Tax PIN):N/A - Linear Project 4. Location County: Wake Nearest Town: Apex Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): The proposed Perry Road extension will connect the existing Perry Road with NC Highway 55. The proposed corridor for the extension is located immediately west of NC 55, south of Apex in Wake County NC. The location of the proposed extension is shown on the attached USGS topographic quadrangle and Soil Survey of Wake County maps (see Figures 1 & 2). 5. Site coordinates, if available (UTM or Lat/Long): 35'43'11.21"N 78°50'45.69"W (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres): N/A - linear project (+/- 1300 linear feet in length) 7. Nearest body of water (stream/river/sound/ocean/lake): Unnamed tributary to Middle Creek 8. River Basin: Neuse (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.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 proposed corridor west of feature "A" is partially Page 2 of 9 grassed and partially forested The proposed corridor east of feature "A" has been cleared and graded outside of feature A's 50-foot riparian Buffer. 10. Describe the overall project in detail, including the type of equipment to be used: The proposed project consists of the extension of a collector street. Conventional heave equipment typical of road construction will be used to build the proposed road. 11. Explain the purpose of the proposed work: The proposed project consists of the extension of Perry Road which is a collector street on the Town of Apex Transportation Plan (see attached Town of Apex letter, dated 1/6/03 and Figure 4.0. Perry Creek Road will be extended from its current location to NC Highway 55. 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. No iurisdictional determination or permits have been issued for this project prior to this application On September 12, 2001, Mr. Jim Cooper of S&EC conducted a site meeting with Ms Amanda Jones of the USACE on a separate project known as the East Williams Street site, which is located immediately east of feature "A" The proposed Perry Road extension will pass through this property and tie into NC 55 Ms Jones determined that two jurisdictional wetlands exist on-site. One of these areas is within the proposed Perry Road Extension corridor and is shown on the attached impact map On September 18, 2001, Mr. Steve Mitchell, of NC-DWQ, provided a Neuse Buffer Letter stating that feature "A" is subject to the Neuse Buffers and that feature "B" is not subject (see attached NBRRO 01-238 letter). On January 28, 2003, Ms. Deborah Edwards of NC-DWQ determined that feature "C" is not subject to the Buffers. We are awaiting for a letter from Ms Edwards reporting her findings. On January 31, 2003, Ms. Andrea Wade determined that feature "C" is not jurisdictional 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. Unknown at this time According to the Town of Apex Transportation Plan Perry Road will eventually be extended to connect to James Street However, construction plans for this section of PpM Road do not exist at this time and construction of this section of Perry Road is not anticipated in the near future Page 3 of 9 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. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must 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. 1. Provide a written description of the proposed impacts: The proposed impacts consist of 149 linear feet of perennial stream channel 0.012 acre of wetland and 0.320 acre of riparian buffer. 2. Individually list wetland impacts below: Wetland Impact Area of Located within Distance to Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland*** (indicate on map) (acres) (yes/no) (linear feet) 1 Roadway Fill 0.012 No 20 LF Emergent wetland I- I acre T List each impact separately and identity temporary impacts. 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. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at b-qp://www.fema.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: 0.012 acre (within corridor of proposed Perry Road Extension) Total area of wetland impact proposed: 0.012 acre 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Length of Average Width Perennial or Site Number Type of Impact* Impact Stream Name** of Stream Intermittent? (indicate on map) (linear feet) Before Impact (please specify) Roadway Fill 1 (culvert and 149 LF UT of Middle Creek 4'- 5' Perennial dissipator) List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, 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. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at Page 4 of 9 www.usgs.gov. Several internet sites also allow direct download and printing of USGS snaps (e.g., www.topozone.com, www.mapquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 149 LF 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Site Number Type of Impact* Area of Impact ody Name of Type of Waterbody lake, pond, estuary, sound, (indicate on map) (acres) (if applicable) bay, ocean, etc.) NA NA NA NA NA * List each impact separately and identify temporary impacts. impacts inciuae, but are not umneo W. iul, oacavau0111 ulcug111g, flooding, drainage, bulkheads, etc. 5. 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 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. The applicant requested a detailed delineation of jurisdictional wetlands and waters of the U.S. within the proposed road corridor in an effort to minimize impacts to wetlands and stream channels to the maximum extent practicable However, a perennial stream channel separates the existing Perry Road from NC Highway 55, making it necessary to cross the feature in order to connect the existing Perry Road to Highway 55 at the tie-in point required by NC-DOT and the Town of Apex Transportation Plan In order to minimize impact to the channel and riparian buffer, the applicant plans to cross the feature at an approximately perpendicular angle. Page 5 of 9 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 March 9, 2000, 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 NCWRP 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.ne.us/ncwetlands/strrngide.htmI.. 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. NA - Because project impacts to stream channels are below 150 linear feet, because riparian buffer impacts are below 150 linear feet and 1/3 acre, and because wetland impacts are below 1 acre, neither stream nor buffer nor wetland mitigation should be required by NC- DWQ. Because the applicant has attempted to minimize stream channel impacts by crossing the stream channel at a perpendicular angle, and because the applicant has no choice but to cross the stream channel to access Hi hway 55, S&EC believes the USACE should not require stream mitigation for this project. However, if mitigation is required by the USACE, the applicant plans to make payment to the NC-WRP at a 1:1 ratio. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of Page 6 of 9 the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): NA Amount of buffer mitigation requested (square feet): NA Amount of Riparian wetland mitigation requested (acres): NA Amount of Non-riparian wetland mitigation requested (acres): NA Amount of Coastal wetland mitigation requested (acres): NA IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ® No ? 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 ® The 149 LF of channel impact and 0.012 acre of wetland impact associated with the proposed road crossing are below the current NC-DWQ thresholds (500 LF perennial channel impact / 1 acre freshwater wetland impact) requiring project documentation under the State Environmental Protection Act (SEPA). 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 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ® No ? If you answered "yes", provide the following information: Page 7 of 9 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. Zone* Impact (square feet) Multiplier Required Mitigation 1 9,871 SF 3 NA 2 4,077 SF 1.5 NA Total 13,948 SF NA * Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or. 0260. - According to current NC-DWO policv. Buffer for impacts less than or equal to 1/3 acre oz 150 linear feet of riparian buffer per crossing Because the proposed crossing is under this threshold S&EC believes buffer mitigation should not be required for this impact. XI. Stormwater (required by DWQ) Describe impervious acreage (both 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. Because the proposed crossing consists of a paved collector street, the maioritv of the land surface in the road corridor will be impervious. Stormwater from the road will be discharged into level spreaders in order to provide diffuse flow into the Neuse Buffers (see attached plan) Please contact Mr. Sean Dolle, of Jones & Cnossen at (919) 387-1174 if additional information regarding stormwater collection and discharge is required. 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. N/A - Project consists of construction of a collector street. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Page 8 of 9 Yes ? No Is this an after-the-fact permit application? Yes ? No XIV. 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). Applica gent's ignature D (Agent's signatu i only if an authorization letter from the applicant is provided.) Page 9 of 9 State of North Carolina Department of Environment and Natural Resources Raleigh Regional Office Michael F. Easley, Governor William G. Ross Jr., Secretary Gregory J. Thorpe, Ph.D., Acting Director September 18, 2001 Jim Cooper S&EC,Inc. 11010 Raven Ridge Road Raleigh, N. C. 27614 / •F _ NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: Neuse River Basin Riparian Buffer Rules NBRRO 01-238 East Williams Street S & E C Project #01-6398 Wake County Dear Mr. Cooper: This letter is being sent to serve as confirmation of your buffer determination at the project referenced by the Raleigh Regional Office as NBRRO 01-238. The features represented on the Wake County Soils and the USGS Apex Quad maps were evaluated to determine their subjectivity to the Neuse Buffer Rule. It has been determined that there two features depicted on the property on the two maps. Feature A is subject to riparian buffer protection and Feature B is not present on the ground as a stream and is not subject to protection. These features are delineated on the plat map received September 12, 2001. This letter only addresses the applicability of the Neuse River Basin: Nutrient Sensitive Waters Management Strategy; Protection and Maintenance of Existing Riparian Areas, Administrative Code T15A`02B.0233 (NCAC 0233 ). For information on wetlands and other impacts, please contact someone at the Central Office at 733-1786. Thank you for your attention to this matter and if this Office can be of any assistance or if you have additional questions, please do not hesitate to contact us. Sincerely, 7S(I, Steve Mitchell Environmental Scientist cc: RRO/John Dorney Land Quality H:\nbrlet.for\neuse.buf\buf01\ewilliams.23 8 1628 Mail Service Center, Raleigh, NC 27699-1628 Telephone (919)571-4700 FAX (919)571-4718 An Eaual Oooortunity Affirmative Action Employer 50% recycled/10% post-consumer paper THE PEAK OF GOOD LIVING 6 January 2003 Jones & Cnossen Engineering, PLLC Attn: Mr. Sean Dolle, PE 106 West Chatham Street Apex, North Carolina 27502 To Whom It May Concern: gown o f ,:::-,ac P. O. BOX 250 APEX, NORTH CAROLINA 27502 As requested, this letter is to certify that the Perry Road extension, from its current north- easternmost terminus to NC Hwy 55, is identified as a collector street according to the Town of Apex Transportation Plan. The current Transportation Plan was adopted by the Board of Commissioners in November 2002. This `connection' was also identified in the previous Transportation Plan, dated January 2002. Attached, please find a copy of the current Town of Apex Transportation Plan. Do not hesitate to contact me should you have any questions or concerns. TOWN OF APEX Respectfully, Robert M. Gron, PE Town Engineer Engineering Services Manager 73 Hunter Street Apex, North Carolina 27502 (919) 249-3391 (919) 249-3416 FAX aP Ex z a p z v p?y0 Soil & Environmental Consultants, PA 11010 Raven Ridgc Road - Raleigh, North Carolina 27614 - Phone: (919) 846.5900 - Fax: (919) 846-9467 www.smac.com AGENT AUTHORIZATION FORM All Blanks To Be Filled In By TheCum-nt Landowner Name: ©iy?v Address: f ic', ?x ZSo APf?x Nc- 7"75 Phone: 6Z- -7 .Sao Project Name/ Description: V,-kL ;E,75M4 ? Date: i5 )PNQPy-Y 2cc-s The Department of the Army U.S. Army Corps of Engineers, Wilmington District P.O: Box 1890 Wilmington, NC 28402 Attn: ,71 d^G?+ Field Office: r& 6K Re: Wetlands Related Consulting and Permitting To Whom It May Concern: I, the current roe owner, hereby designate and authorize Soil & Environmental Consultants, PA to act in. my behalf as my agent in the processing of permit applications, to fuxnish upon request supplemental information in support of applications, etc. from this day forward. The day of 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 S&EC staff. You should call S&EC to arrange a site meeting prior to visiting the site. op Ape-v A)-c . A" Print Property Owner's Name ' Property Owt is Signature cc: Mr. John Domey cc: Mr. Brad Suther NCDENR - DWQ Soil & Environmental Consultants, PA 2321 Crabtree Boulevard Raleigh, NC 27604 blank agent au.th fow..doc C7+arl2ttc O ice: Greensboro office. Hickorv f)f Lm. 236 UPhiltip Court. Spite C 3817-E Lawndale Drive 710 Boston Road txoncW. NC 28025 Greensboro, NC 27455 Taylonville, NC 28681 Phonc: (704) 720-9405 Phonc: (336) 540-8234 Phone (828) 635-5820 Fax: (70d) 720-9406 Fax: (336) 540-8235 Fax: (828) 635.5820 BUfffK IMPACT5a Zone 10 9,571 5f Zone 2. 4,0775f Stream Length. 149 If Wetland Impact. 00®1 2 aco r / r 1 1 I UMIT5 OF D15TURBANCE Of f (fYP) r / ------ i CCU RIP-RAP A MIN. I?'L 5G* 1 1 F??\ 11 f 1 \\ 1 1 ?l 7 1 f ?? 1 ? 1 ?? f 1 f I 1 r F F EXISTING SEWER LINE "* 1 20 It f- -F- f - F F N??yc r ? i F f i ? F / z Q L I= Q 2 V lu L uj lu z '=301 1 5AD 0 15 30 60 5ept. 16, 2002 GRAPHIC SCALE NB-I 0115 b P ?6)z 0 E9 z Ig w w? ?M? 0 ZZ? 00 3 r ?' i I?(?? ?ITF MAP (APEX QUAD) ' X68' .ll• iT ; r. - f r - y- '" I U! ;i ."? , T _-'\ J.i ?. I+ - y/ ??y?r7.:\\r, A % ? , : i 'mil: n ;I ,t ?.?-. - ' # o, i ? G _-? l ., ?. / !?. % ?' 1 c J ? ?` i?l. C<ti? t??y7f 'i p? ?? -??\? -?- (..? ` -?f" t `lift ,,j ???'?;t??i?V?• I <1 - f. ? 1? ? ?j?? p a?+• "'??? q+,?l';r c ?f,FFi? 37 , t +? ? ?i ?.?/? I % ?? ? ?`i ` - ? I,% ? ff- !? '?/. ` ?? k ?? ? ? ?' ? "`? xh ;j???y ? '- ? ?i r ? .: :1 ;` --i ? ? .\ /,•:' ??? - ._--- - Lam: - 1 er \ r /--I?, 44a4 Proposed location of ? `' = '' i ;. (:. '?/_7 E w? `<s •I., - Perry R ? j • ? ????? ? ,r'?: tr Q?, _ - oad Extension fIlk, ?i • '710 ?l; ? :?,, e // ? - J I ? .?\ ? ?_ ;A: ?.,/1 ? i ii ? -' , q Existing Perr y Road (r;; ' ?- ? J , 1 I `''?• ? alder ' ?° ? ? iHl t : ! i ;y;: h!r' ' ?'? \ -'. J? '?f ,1 i ` r !!?:"?, mot';; i :t ? .. ? i r-1?''e? ? T.1y _ _ • ?d l l 4 ?..,- . ? ,J , yr? X?- \i ?_ 7 4-?•r?,- r,'?' ??`J r ? r, o ' ?_. © \ \ e ? ?-'- ' l'?f ? t ?? ?? i -f?t? ?r1 ' ._ ? ?)itl\`'' ; . -' .-.,. t/?;__-`3:z`?"\`?\ ;Yf 1 #f % ..'.-??_ ,-?', •?_ ?' •? 1 ri ?i ? 1 /? ?? . '? ? / \ ? , ?-? ` ' ?\??. ?\'., // ' ///_._-' , 1 1? 'orb '/ I, + ?.! ; ! / ?,1 ` ? \ `•?` 1 71-1 40 ? ? 1 1 I'T -???? ???_g y??:??) `?__• ? ? it f ?% -?'7, Lic i?( ? ( `? j ??.? f ? ? 1 ?__ I113'?,? ?? ? ?"=_ WAKE mi INI TY .Snii q( 1IRVE Y OSHEETS RR A 7,? /irk Wif" ? u V i u ,tPdS2 % i o ?r" f t ?a 1 3 z o ? ? ? a r,'• ? ? ??? ? ? . ? ? ? f Fri Proposed location of\\ y Eri.slhn. Peer} Road Perry Road Extension o `"?- ? is /.. t:??? F•? .?+" ? ?? :`r,? 1? ? ?? ? ??? ? § ? ? ? ' \3? L , J I } NMI' 92 .3J7 t fi0 ?L1, Cl4 ?? `? 1 f A7 ;r?' II , (y .)?f i? ' ry ? '/ 1???-s r r" /l? 1 \ \?\ ? /•? \1 ?\ \ 1" ( ?f ._ • ? r o f I ! Jy - ? / _ ti 1 ? - ? ? _ ? 1 ?? } 0,02 i Legend - y ?Notes ? "c a .. RNERCRKR 1. Realign east leg of intersection (Old Raleigh Road) to improve approach ® Study Area Boundary _ a -a x ° ?h f angle with Old Raleigh Road/Lake Pine 1 Bodies of Water ° w Drive. Potential future traffic signal location. ?0 2. Install pedestrian signal for students crossing Laura Duncan Road. County Lines 3. Potential intersection improvements at Salem Street and Hunter Street. Z-- -.a ?? : 3 ?p 4. Realign Salem Church Road at intersection with Davis Drive to improve Parcels ?0? ?, a ? wN :: y a approach angle and safely. Planning Jurisdictions ° 30 ^ a f - ''' 5. Realign Chatham Street to increase separation of intersections __ ° ? ,. along Hunter Street. to Incorporated Areas SAO' 'ot 6. Realign Tingen Road to line up with Lynch Street at Salem Street. Existing Streets 7. Realign intersection of Smith Road and Stephenson Road. - Z 1 L ' ' ,Caryl " ' 8. Realign Penny Road at intersection with Ten Ten Road to improve Thorotfghtare/Collector Street Plan ° _ r} 'l approach angle. 9. Realign Lufkin Road to lineup with US 1 ramps at Ten Ten Road. =- 18 10. Realign Holland Road to line u with Friendship Road at Old US 1. Collector (existing) 25 n usq • , y a 11. Realign Horton Road to line up with Shearon Harris Road at Old US 1. Collector (new location) ?_. 12. Realign north leg of intersection to line up with Bosco Road. 2-lanes (existing) 13. Extend Richardson Road to tie into Humie Olive Road. 1 2-lanes with left-turn bays/lanes (widening) 14. Potential future traffic signal location. r . 30 arl 2 -lanes with left turn bays/lanes 15. Realign Old Holly Springs Apex Road to tie into future 4-lane - ° 3 (new location) Thoroughfare. 2-lanes with landscaped median (widening) _ ?e 11 +? 22 M 5 16. Realign intersection of Old Holly Springs Apex Road and Woods Creek Road. M : 2-lanes, future, access control y? _? = . p o ,?• 17. Holly Springs New Hill Road, Old Holly Springs Apex Road, and 2-lanes (new location) ft X "? "? a fi! New Hill Olive Chapel Road - 2 lanes on 4-lane divided right-of-way 3-lanes (widening) ' cr''F ApeX 28 to allow for future widening (if necessary). • ¦ 3-lanes new location ?t f r, 't 18. US 64 at Kelly Road is recommended as an at-grade intersection. f ( ) 6 If US 64 is reconstructed to freeway standards, it is recommended ?• 4-lanes with landscaped median (widening) m• 30 , t 8 that Kelly Road be grade separated at US 64 on the condition that s " additional access point(s) serving the Town of Apex are provided e a 4-lanes with landscaped median (new location) 17 a °' l? - O - , ? a 30 -? ?'? 5 -lanes (widening) along US 64. Jr ??{ a ,?? ' ; ;;. r? pa + 19. Proposed square loop interchange at US 64 and Lake Pine Drive L?P? ? ,, . s ?o 8 NNE NNE! Freeway e utilizing Pexisting roads. - ..v _ _..? , - ?j + ? ?+ 4r " ? `' « J ? ? 200. Proposed square loop interchange at US 64 and Laura Duncan Y (existing) a -° ' t? a j? ?' ?? .r. ? m Road utilizing existing roads. area Freeway (new location) ,'?o - ?? ' ?r J1p 4?. • 4 C 21. Realign Green Level Church Road to fie into Jenks Road west Interchanges 13 = ® t --.? y r a` y+ o? of the Outer Loop. 22. Potential future traffic signal at intersection of Kelly Road and N... - _-?' _ ®? o 1 a Olive Chapel Road. O Existing Interchange t ®a s r e ' 7 23. Potential future traffic signal at intersection of Salem Street and • Future interchange - Hu eouv Center Street. a 10 r 14 ?+ t o 1 i . 'rY;, ,? are .; + 24. Widening of bridge over US 1 will be necessary in order to widen Q Existing Grade Separation sbRK?e? - ' "y ®® o r . ? r, a? 4 Ten Ten Road to five lanes. - ----- ------ m a : eerny? r 25. Expand interchange of US 64 and NC 55 to include a loop from O Future Grade Separation +' + "J ,' ? a + southbound NC 55 to eastbound US 64 to improve signal operation. 11 - ?, d? $ y 5 aotiocr 26. Implement protected left turns (green arrow) at signal at NC 55 Potential Square Loop 1 and Salem Street. Potential Roundabout ?' r - a ' ° r. ' , ?aaa 27. Implement protected left rums (green arrow) at signal at Ten Ten a - a ,' t _ > I®®a,®®ar Road and southbound US 1 ramp. % Intersection/Grade Separation 18 a g - y -- _ 28. On a su erstreet, select left turns are removed from intersections ° ?? r to improve traffic operations. eon - _' '0 a 16 29. Potential future traffic signal at intersection of Green Level Church $ > eK y ` Road/Zeno Rd/US 64 yq z 30. Apex Barbecue Road, Apex Barbecue Rd Ext, and Wimberly Rd o , -a +', a . , g f ?. I Z - 2lanes on a 4-lane divided right-of-way to allow for future widening s 11 a " (if necessary) 11 r .. 1 r ?????±i 17 Holly Springs 0 0.5 1 _.. , ;P;ti Q ®Miles 0' }A ;4a ,f pan f 4? ?, ?' H,Q f1 001VAS'AL RO uRO MiaD T ?Y x Y?p?K? r 1 r wBPLlEN71NLE A mr = EPL t 5 5??? Figure 4.1 A? sro Thoroughfare and Collector Street Construction Plan i ?r ? w. . and Atudates. he 14 odober 2002 C1pg1pn1010200008IyrojedsiChapb:r 4lConshucbon P1an_itxl7.rrud b ~ ~ ~~p gyp. 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NOW OR FORMMLY ~ ILY FARM LLC ~ ~ ~ U / z GERiRllDE R. PERRY PAM \ RA ~ ~ / ~ / _ E ~ ~ ' ~ \ ~ / ~ E~ 0 ~ i ~ / 0 5~ ~ ~ / G / CO ~ ~ / ~ / \5~ / ' ~ ~ Q i E ~ , / ~ ~ / ~ ~ ~ Q ~ / 0 ~ / ~ 0 , NOW OR FORMMLY ~ ~ i .irANNE SiTiTvN tiAGK , / / ~ ~ PG 0147 / ~ D6 1705 ~ / ~ ~ Pc / \ ~ , ~ , ~ / ~ o Q'/ ~ / / / ~ h~ 1.185 ACRES ~ ~ RG9ERVED BY OWN6t ~ f ~ NOT PART OF PUD ~ ~ ~ NOW OR FORMCRLY Y ~ 1 ~ ~ ~ NMI I10R1ZONS PELLOWSt11P INC. tIIP INC. ~ / v DB 8125 PG 1813 \ 1 ~ ~ 3 ~ ~ ~ ~ ' ~ i ~ (ggSTING SFIOPPING Cl:I~ITE1~ ~ ~ I ~ ~ ~ ~ i ~ / m ~ ~ ~ 2 h \ / ~ 1 ~ ~ 2 1 \ ~ / 1 y 1 ~ ~ 1 \ / ~ ~ / o t ~ / M ~ / 1 ~ ~ r /v ~ Q ~ ~7 ~ ~ \ ~ ~~r ~ ~ ~ ~ ~ ~ / r ~ ~ / ~ S ~ ~ ~ R., I I B GASTER \ ~ \ J y ~ ~ I AcANn lax 7a srrE ~ y nowNm ~ 4 wyvr r TR1ANGlE (TYP.) ~ by i l _ - ~ ~ 1- 15,E , , _ 1 EXISTING WILI.IAMS ST. . r 11WY 55 (I 00 RIIM) % ~ r- ~----------r--r---- r--r--- 1 ' ~ ~ ~ ~ / / ~ - - r / ~ Gt1Y NOW OR FORMERLY NOW OR fORMETt1Y NOW OR fORMtRLY NOW OR FORMERLY NOW OR FORM I I 1 KAR1918 / ~ ~ / B GA5T5t IL~N 6. pEPC~y TBT PROPERTY GROUP LLC JOIiN R., J6iRY 1 JGN I1UAl'16 NOW OR FORMERLY NOW OR FORMERLY JOt1N R.. I I / KAREfI J PC PC JCRRY ~ JEaV FIUANG \ PC PC ~ GRL1?IOUNG LEASING I NV OR I'ORMHiIY / ~ ~ R1OUNG 1fA91N61 ~ / ~ ~ 0 (e~snNG REraU NAUWT) PC N~ (DUSTING RETaU ~ (VACA~17 (DQSTING REfaU nNANCU1l CORP. ~NANCUIL CORP. / ~ ~ ~ I PC } ' NG RJ•TN \ ~ u PC / ~ ~ ~ ANC RrrNu ~ ~ ~ / ~ ~ ~ / ~ ~ ~ / - - n. / ~ ~ ~ ~ ~ ~ ~ ~ - ~ ~ ~ ~ ~ 0 ~ / ~ ~ ~ F- / - - 7 ~ / ~ ~ ~ ~ ~ ~ / ~ r~ i I 100 SAD ~ - - - - - - - - - - - _ J NOW OR FORMERLY ~ ~ ~ ~ ~ ~ JESSIE M. GASTER ~ \ ~ ~ ~ ~ coagnN~ RtTau ~ ~ ~ September 3, 2002 i ~ ~ / ~ ~a~~ Pa Town IetroNew O 50 100 ?AO GI GRAPHIC SCALE 0118