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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 r i creek 1 PARK SITE Playground Sheiter Facility Prop( Drive Open Flay Space steep area Ca')' Parkes ay /` creeks/ Qu,t- Use Pro. Court Far Lake Baskptba I ?\Cour# Qty I 0 NOT LE" I ? TO SCA 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.)) azz o5, n ?^ o , o zZ a ? N ? A N 6 m II• 0 E to z om W -M y v om G) 3 m < m --0 X ? -n M 0 -1 W 03 DI. z 0 z r I tea" i 0. 4a r z .n am r D? m -o ? 0 Xz N N . N N in O co) C W W z 0 m A i3o AD 1 cnm ?z "z c? ? yr Z W ? 4 v r c0 i T1 = v N -•+ c X co D z n m io cn 01 fn ,n H _ D v z cn c ,? ;? c ! m= W m D W am y ? ? y ' Z m x m ® $ g ~ P ?a CA - cn Vl V1 y" °O ?1 TI ?. 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: