HomeMy WebLinkAbout19980262 Ver 1_COMPLETE FILE_19980331State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor NC ENR
Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
May 5, 1998
Wake County
DWQ Project # 980262
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS and Neuse River
Buffer Rules
Ms. Alice Webb
Town of Cary
PO Box 8005
Cary, NC 27512-8005
Dear Ms. Webb:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
material in 0.05 acres of wetlands or waters for the purpose of constructing roads and sidewalks at Wellington
Park in Cary, as you described in your application dated March 24, 1998. After reviewing your application, we
have decided that this fill is covered by General Water Quality Certification Number 3103 and 3108. These
certifications allow you to use Nationwide Permit Numbers 14 and 26 when the Corps of Engineers issues them.
This approval is also valid for the Neuse River buffer rules (15A NCAC 2B .033). 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.
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 except as
modified below. If you change your project, you must notify us and you may be required to 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. 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) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification
and any additional conditions listed below.
1. Stormwater from the entire site shall be directed to sheetflow at non-erosive velocities across the stream
buffers.
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.
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 John Dorney at 919-733-1786.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
John Dorney
Central Files
Steve Roberts; S & E C
Pine Howard, Jr. P.E.
980262.1tr
Division of Water Quality • Non-Discharge Branch
4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
Soil & Environmental Consultants, Inc.
244 West Millbrook Road ¦ Raleigh, North Carolina 27609 ¦ (919) 846-5900 ¦ Fax (919) 846-9467
NCDEH&NR DWQ ' US Army Corps of Engineers
Attn.' Mr. John Dorney Attn. Mr. Todd Tugwell
4401 Reedy Creek Rd. 6508 Falls of the Neuse Rd. Suite 120
Raleigh, NC 276607 Raleigh, NC 27615-6846 M
U
Subj. Authorization request for Nationwide Permit 14 and 26
Wellington Park Project 3 1
Dear Mr. Dorney and Mr. Tugwell: up
The purpose of this letter is to request the authorization of Nationwide P wetland
impacts resulting from construction of Wellington Park. The property is owned by the Town of
Cary and is located at the intersection of Thurston Drive and Cary Parkway (Wake County). The
impacts are illustrated on the attached site plan and summarized in Tables 1 and 2.
Table 1. Impact summary arranged according to impact number.
Impact Type Ft.z Linear Ft. Permit
Minor Major
1 CH 471 157 14
2 CH 654 124 14
3 WL 955 26
4 WL 84 26
5 WL 552 26
Project Totals ' 2716
Note: Channel impacts requested under Nationwide Permit 14 have not been counted toward the project
total.
Table 2. Impact summary arranged according to permit.
Permit Wetland Channel
Minor Major
26 0.04 a.
14 157 ft. 471 fe 124 654 e
Soil/Site . Evaluation ¦ Mapping and Physical Analysis ¦ Wetlands Mapping and Mitigation ¦ Environmental Audits
On-Site Waste Treatment Systems, Evaluation and Design
V March 24, 1998
Job # 95-1836
Note that the Neuse River Buffer zone is illustrated on the attached map and that the buffer will be
impacted by two road crossings, one sidewalk located adjacent to the access road, and one walkway
connecting the two eastern most parking lots. We request that you approve these impacts to the
Neuse River Buffer zone on the basis outlined in the attached letter from Alice Webb. Basically, the
impacts are necessary in order to provide adequate pedestrian/handicap access to the park.
Please call if you have questions, or if you would like to schedule a site meeting.
Sincerely,
e Roberts
Biologist
Attachments: Letter from Alice Webb regarding Neuse Basin Buffer impacts
Pre-construction Notification Form
Site. Plan/hnpact Map
Agent Authorization Form
Wetland Data Forms
Site Vicinity Map
January 30, 1998
Mr. Preston Howard
Director
NCDEHNR Division of Water Quality
P. O. Box 29535
Raleigh, NC 27626-0535
Town of Cary
North Carolina
Subject: Request for Creek Crossings - Wellington Community Park
Dear Mr. Howard:
I am writing to request your permission to cross two creeks with a drive and walkway as part of the development
of a Town of Cary park, currently named Wellington Community Park. Three creeks within this park are
classified as perennial or intermittent streams and are therefore subject to the Neuse River Nutrient Sensitive
Waters Management Strategy Rules.
The attached map shows a general depiction of the proposed facilities for this park property. It is necessary to
cross two of the creeks with a driveway in order locate a parking lot within the property that is accessible to the
majority of park facilities. This parking lot needs to be located as shown in order to provide access to the disabled
as required by the Americans with Disabilities Act. In addition, we propose to build a walkway connecting the end
of the parking lot closest to the entrance with facilities on the opposite side of one of the creeks. The walkway is
necessary in order to provide pedestrian access from this parking lot to the facilities in the northern portion of the
property. The walkway will cross the creek via a bridge. Without these drive and walkway crossings, this site will
be rendered virtually unusable.
In order to prevent degradation of water quality, temporary erosion control measures will be used at these
crossings in strict compliance with State regulations.
We request a prompt written reply from your office regarding our request for the crossings, so that we may
proceed with the design and construction of this project. We plan to send this project out for bids in March.
' Thank-you for your consideration.
Sincerely,
4'.. Gr/ A44d-
Alice W. Webb, Planner
Parks, Recreation, & Cultural Resources Department
CC. Robb Harrison, Little & Little Landscape Architects
enclosure
P. O. Box 8005 Cart; North Carolina 27512-8005 (919) 4694000 CARY
An Equal Opportunity Emplot er RECYCLES
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WELLINGTON COMMUNITY PARK: SCHEMATIC PLAN
i
DWQ ID:
Corps Action ID:
Nationwide Permit Requested (Provide Nationwide Permit ft 14 and 26
Pre-Construction Notification Application
For Nationwide Permits that Require:
1) Notification to the Corps of Engineers
2) Application for Section 401 Certification
3) Coordination with the NC Division of Coastal Management
Send the original and (1) copy of this completed form to the appropriate field office of the Corps
of Engineers (see agency addresses sheet). Seven (7) copies should be sent to the NC Division of
Environmental Management (see agency addresses sheet). PLEASE PRINT.
1. Owner's Name: Town of Carv
2. Mailing Address: PO Box 8005
City: Cary
Subdivision Name:
State: NC Zip Code: 27512-8005
Project location address, including subdivision name (if different from mailing address above): In
the northeast corner of the Cary Parkway and Thurston Drive intersection.
3) Telephone Number (Home):
(Work): 919 469 4061
4) If applicable, agent's name or responsible corporate official, address, phone number:
Soil & Environmental Consultants, Inc. Phone: (919) 846-5900
244 W. Millbrook Road
Raleigh, NC 27609
5. Location of work (provide a map, preferable a copy of USGS topographic map or aerial
photograph with scale):
County: Wake Nearest town or city: Cary
Specific Location (include road numbers, landmarks, etc.): In the northeast corner of the
Cary Parkway and Thurston Drive intersection.
6. Impacted or nearest stream/river: Lynn Bran
ch
River Basin: Neuse
7a. Is project located near water classified as trout, tidal saltwater (SA), high quality waters
(HQW), outstanding resource waters (ORW), water supply (WS-I or WS-II)? YES ?
NO ® If yes, explain:
7b. If the project is located within a North Carolina division of coastal management area of
environmental concern (AEC)? YES ? NO
7c. If the project is located within a coastal county (see page 7 for list of coastal counties), what
is the land use plan (LUP) designation? NA
8a. Have any Section 404 permits been previously requested for use on this property? YES
? NO ® If yes, provide Action ID number of pervious permit and any additional
information (including photocopy of 401 certification).
8b. Are additional permit requests expected for this property in the future?
YES ( ? ) NO ( ® ) If yes, describe anticipated work:
9a. Estimated total number of acres in tract of land: 18 acres
9b. Estimated total number or acres of wetlands located on project site: 1/2 acre
10a. Number of acres of wetlands impacted by the proposed project by:
Filling: 0.04 Excavation:
Flooding:
Other:
Drainage: Total acres to be impacted: 0.04
10b. (1) Stream channel to be impacted by the proposed project (if relocated, provide
distance both before and after relocation):
Length before: 157 ft
After: 157ft
Width Before (based on normal high water contours): 4ft
Width After: NAft
Average depth before: 4 in.
After: NAft
(2) Stream channel impacts will result from: (check all that apply)
Open channel relocation: 0 Placement of pipe in channel: E
Channel Excavation: El Construction of a Dam/Flooding: F1
Other:
11. If construction of a pond is proposed, what is the size of the watershed draining to the
pond? NA
What is the expected pond surface area? NA
12. Description of proposed work including discussion of type of mechanical equipment to be
used (attach plans 8 1/2" x 11" drawings only):
Construction of a park facility using; conventional methods and equipment.
13. Purpose of proposed work: To provide a recreational park to the residents of Cary. NC.
14. State reasons why it is believed that this activity must be carried out in wetlands (include
any measures taken to minimize wetland impacts): In order to utilize the tract effectively and
to comply with all applicable regulations, wetlands must be impacted. Minimization
measures include: site plan alterations, the implementation of a sediment and erosion control
plan and the use of a bride instead of a culvert for one creek crossing
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National
Marine Fisheries Service (NMFS) (see agency addresses sheet) regarding the presence of
any federally listed or proposed for listing endangered or threatened species or critical
habitat in the permit area that may be affected by the proposed project. Date contacted:
(attach responses from these agencies).
Handled by USACE
16. You are required to contact the state historic preservation officer (SHPO) (see agency
address sheet) regarding the presence of historic properties in the permit area which may be
affected by the proposed project. Date contacted:
Handled by USACE
17. Does the project involve an expenditure of public funds or the use of public (state) land?
YES ? NO ® If no, go to 18.
a. If yes, does the project require preparation of an environmental document
pursuant to the requirements of the North Carolina Environmental Policy Act?
YES ? NO ?
b. If yes, has the document been reviewed through the North Carolina Department of
Administration State Clearinghouse?
YES ? NO ?
If answers to 17b is YES, then submit appropriate documentation from the state
clearinghouse to division of environmental management regarding compliance with the
North Carolina Environmental Policy Act.
Questions regarding the State Clearinghouse review process should be directed to Ms.
Chrys Baggett, Director State Clearinghouse, North Carolina Department of
Administration, 116 West Jones Street, Raleigh, North Carolina 27603-8003, telephone
(919) 733-6369.
18. The following items should be included with this application if proposed activity involves
the discharge of excavated or fill material into wetlands:
a. Wetland delineation map showing all wetlands, streams, lakes and ponds on the
property (for Nationwide Permit numbers 14, 18, 21, 26, 29 and 38). All streams
(intermittent and permanent) on the property must be shown on the map. Map scales
should be 1 inch equals 50 feet or 1 inch equals 100 feet or their equivalent.
b. If available, representative photograph of wetlands to be impacted by project.
C. If delineation was performed by a consultant, include all data sheets relevant to the
placement of the delineation line.
d. Attach a copy of the storm water management plan, if required.
e. What is land used of surrounding property? residential/commercial
f. If applicable, what is proposed method of sewage disposal? SanitaT sewer
g. Signed and dated agent authorization letter, if applicable.
NOTE: Wetlands or Waters of the U.S. may not be impacted prior to:
1. Issuance of a Section 404 Corps of Engineers Permit,
2. Either the issuance or waiver of a 401 Division of Environmental Management
(Water Quality) certification, and
3. (in the twenty coastal counties only) A letter from the North Carolina Division of
Coastal Management stating the proposed activity is consistent with the North
Carolina Coastal Management program.
?? 08B - 9"
Owner's/Agent's Signature
3 -?-5 -- 72?
Date
(Agent's signature valid only if
Agent Authorization Letter from
the owner is provided (18 g.))
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12
WELLINGTON PARK
ETLANDS DELINEATION
ARY PARKS, RECREATION, DRA": EC
CHECKED: AR
DATE: 07/16/97
REV SED 09/02/97
SHEET 1
CARY, NORTH CAROLINA & CULTURAL RESOURCES DEPT. OF 1
'458
000
T
.3 I 4..
Site Vicinity Map
for the
Wellington Park Project
Cary guadrangle (USGS 7.5 Minute Series)
UTM: 0702200ME
3958000UN
NORTH CAROLINA-WAKE CO.
7.5 MINUTE SERIES (TOPOGRAPHIC)
TO BE COMPLETED BY CURRENT PROPERTY OWNER
- NO EXCEPTIONS -
Name: Town of Cary
Address: P.O. Box 8005
Address: Car NC 27512-800
Phone: (9? 19) 469-4061
Project Name/ Description: We 11 i n ton P
Date: Se tember 1 1 5
The Department of the Army
U.S. Army Corps of Engineers
Wilmington District
PO Box 1890
Wilmington, NC 28402
Attn: Brandon Derosa
Fie141 Office: Rai e i g h
Re: Wetlands Related Consulting and Permitting
To Whom It May Concern:
1, the curt Vroperty owner, hereby designate and authorize Soil and Environmental
Consultants, Inc. to act in my behalf as my agent in the processing of permit
of
applications, to f rrdsh upon request supplemental inform tion is sup of
A p etc. from this day forward. This the of
? 5 -
` his notification supersedes any previous correspondence concerning the agent for this
project.
Ld .
1'To '>ToVe!:jX, Owners
cc: Mr. John Doiney
N.C. Department of Eli & NR
Division of Env. Mgt.
Water Quality Planning
4401 Reedy Creek Road
Raleigh, NC 27607
_ T?U:1r? o11
prugrty Owners Si&,Au"e:
NCd.M-&
Mr. Kevin C. Martin
Soil, and Environmental Consultants, Inc.
Dais S-1 + e -4 1,
Delineation Performed by: Soil and Environmental Consultants, Inc.
244 W. Millbrook Road
Raleigh, NC 27609
Ph. 919/846-5900
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: 0 e (1 t n1 Q b aJ Park Date: q S-
AppliFat/Owner o w O r a\. County: I J a k e
Investigator :rove s f Nay 4 u s f State: MC
Do Normal Circumstances exist on the site?
Is the site significantly disturbed
(Atypical Situation)?
Is the area a potential Problem Area?
. (If needed, explain on reverse.)
Yes No Community ID:
Yes No Transect
Yes No Plot ID:_
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
I 'l YPHA DbMitJGDIytS 6131- 9.
2.JuNCUs oat_ 10.
3. SALIX NIGRA 08L 11.
4. BETULA NIGRA ACw 12.
5. NY ___ SYLVATfCA PAC 13.
6. P/NUS TEA DA FAC 14.
7. Vf T15 FAC 15.
8. SM 1 LAX FAC 16.
Percent of Dominant Species that are OBL, FACW or FAC
(excluding FAC-). J06 `ya
Remarks:
HYDROLOGY
Recorded Data (Describe in Remarks):
Stream, Lake, or Tide Gauge
Aerial Photographs
Other
No Recorded Data Available
Field Observations:
Depth to Surface Water. (in.)
Depth to Free Water in Pik (in.)
Depth to Saturated Soil- !D (in.)
Remarks:
Wetland Hydrology Indicators:
Primary Indicators:
Inundated
? Saturated in Upper 12 inches
Water Marks
Drift Lines
? Sediment Deposits
Drainage Patterns in Wetlands
Secondary Indicators (2 or more required):
Oxidized Root Channels in
upper 12 inches
? WaberStained Leaves
Local Soil Survey Data
? FAC-Neutral Test
Other (Explain in Remarks)
SOILS
Map Unit Name
(Series and Phase): 411 e ti a d k e e Drainage Class: Poo r( v
Taxonomy(Subgroup): IV Al c. Fl
u yn a ue v4s Field Observations
Confirm Mapped Type? • Yes o
Profile Description:
Depth Matrix Color Mottle Colors Mottle Texture, Concretions
(_ins.) Horizon
(Munsell Moist)
(Munsell Moist)
Abundance /Contrast ,
Structure etc
b -SA
S- (R Ke 1
loVl2 3`2
10yk 4/1 .
Ib4'h - ?^aNU(?r
F
1
i
IS-3L+ 13W4 2
loyK 412
?.Syl2s?
L'o arao- .:'(?roniwr?? 6am -
cw . f
loc ky
Loma- Stocky
Hydric Soil Indicators:
Histosol Concretions
Histic Epipedon High Organic Content in Surface Layer in Sandy Soil
Sulhdic Odor Organic Streaking in Sandy Soils
? Aquic Moisture Regime ? Listed on Local Hydric Soils List
Reducing Conditions ? Listed on National Hydric Soils List
L- . Gleyed or Low-Chroma Colors Other (Explain in Remarks)
Remarks:
Wetland Determination
Hydrophytic Vegetation Present? No (Circle) Is this Sampling Point Within a Wetland?
Wetland Hydrology Present? Yes No (Circle)
Hydric Soils Present? Yes No Yes No
Remarks:
s...- ? 'tea
Delineation Performed by: Soil and Environmental Consultants, Inc.
244 W. Millbrook Road
Raleigh, NC 27609
Ph: 919/846-5900
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: W e I I i lu4 i o tj Park Date:
Applicant/Owner: To w v Q F Car./ County: W o k e
Investigator. E r A) e s t f fa v u 1^S f State: IV C
Do Normal Circumstances exist on the site?
Is the site significantly disturbed
(Atypical Situation)?
Is the area a potential Problem Area?
. (If needed, explain on reverse.)
(&No Community ID:
Yes to TransectID:
Yes Plot ID:
VEGETATION
Dominant Plant Species Stratum Indicator
Iob?o?? r 1 P1014S T66 D A FAG
mC' 0?P• Qed 2. ACER RUBRUM F:AC
6, 3. K YSSA SYLVATICA FA C
P nq woos 4. CORINS FI,ORI A FAC C4
(!hr 3?n,GS F"") 5. P60.5TIcAt4m ACROSTICH61DES FAC
Red 5ud,eusle"d 6. CERCIS CAHAkDEPSIS FAC"
7. MA&J)DLIA AC
PO lSO'J Ivy 8.TOX[C60E1jDRON RArDICAHS FAC
Dominant Plant Species Stratum
9. VIr(S
10. SMILAX
13.
14.
15.
Indicator
FAC
1=A C
Percent of Dominant Species that are OBL, FACW or FAC
(excluding FAC-). } SQ
Remarks:
HYDROLOGY
Recorded Data (Describe in Remarks):
Stream, Lake, or Tide Gauge
Aerial Photographs
Other
No Recorded Data Available
Field Observations:
Depth to Surface Water: (in.)
Depth to Free Water in Pit (in.)
Depth to Saturated Soil- 30 (in.)
Wetland Hydrology Indicators:
Primary Indicators:
Inundated
Saturated in Upper 12 inches
Water Marks
Drift Lines
?Sediment Deposits
Drainage Patterns in Wetlands
Secondary Indicators (2 or more required):
Oxidized Root Channels in
upper 12 inches
? Water-Stained Leaves
Local Soil Survey Data
? FAC-Neutral Test
Other (Explain in Remarks)
Remarks:
1 R
SOILS
Map Unit Name r
(Series and Phase): C G W Q C I Q Drainage Class: ,Same w 4 al Poor "y
Field Observations
Taxonomy(Subgroup): FI a vaa U N ?ic Dy sf? o?ti ?p S Confirm Mapped Type? es No
Profile Description:
Depth Matrix Color Mottle Colors Mottle Texture, Concretions,
(ins-) Horizon Munsell Moist (Munsell Moist) Abundance /Contrast Structure etc.
2.5 -Tg
Cla?
"
M
U-17 A
!oVe `17- rT
ss rve
.=
lnarw - Grci atav-
t
t7 _3G 6
1o R W ro ,e G z. d
Com - Med- DisfrNC4 Loan, - 810cky
7.SY/2 I-/g Coro - M«? Prom;vcui
aF Ovcr was 1, ma4ertq ?
Hydric Soil Indicators:
Histosol Concretions
Histic Epipedon High Organic Content in Surface Layer in Sandy Soil
Sulfidic Odor Organic Streaking in Sandy Soils
V Aquic Moisture Regime Listed on Local Hydric Soils List
Reducing Conditions Listed on National Hydric Soils List
Gleyed or Low-Chroma Colors Other (Explain in Remarks)
Remarks:
Wetland Determination ?^
Hydrophytic Vegetation Present? No (Circle) Is this Sampling Point Within a Wetland?
Wetland Hydrology Present? tYes es No (Circle)
Hydric Soils Present? Yes No Yes No
Remarks: