HomeMy WebLinkAbout20060738 Ver 3_Individual_20071119ENGINEERS I PLANNERS I SURVEYORS
111 MacKenan Drive
CARY, NORTH CAROLINA, 27511
(919) 469-3340
FAX (919) 467-6008
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WITHERS ~`~ RAVENEL
ENGINEERS I PLANNERS I SURVEYORS
November i9, Zoo?
US Army Corps of Engineers
Attn: Mr. Jamie Shern
6508 Falls of the Neuse Road, Suite 120
Raleigh, North Carolina 27615
NC-Division of Water Quality
Attn: Ms. Cyndi Karoly
2321 Crabtree Blvd.
Raleigh, North Carolina 27604
Re: TW Alexander Extension and Highway 70 - 404/401 and Buffer Compliance Req~s~~~~~
W&R Project Number- 02040276.00 D (1
DWQ Project #: 06-0738/07-1655 U
USACE AID#: 2006-33046-292 NOV 1 9 2007
Dear Mr. Matthews and Ms. Karoly,
17EIVR -WATER QUALITY
NJBTLAMD3 AND STCIR~AN!ATEFI BRANCH
On behalf of the City of Raleigh, we are requesting Department of the Army
authorization for the installation of a roadway. We are also requesting 401-
Certification from the NC-DWQ and buffer compliance for road construction.
Project Location
The proposed extension of T.W Alexander is located in Wake County in the City of
Raleigh, and will continue east from the current intersection of T.W. Alexander Drive
and US 70 -Glenwood Ave until reaching Brier Creek Parkway (see attached USGS
Quadrangle). Please note that this project will link T.W. Alexander to ACC Boulevard,
and Brier Creek Pkwy, in order to provide a second access point to Highway 7o via
Brier Creek Parkway or the new T.W alignment and ease congestion along Brier Creek
Parkway. In addition, this project involves the extension of an existing culvert on
Highway 70, in order to provide an additional turn lane. The project is located in the
Neuse River Basin and contains un-named tributaries to Little Brier Creek. A wetland
delineation was conducted by Withers & Ravenel in October of 2005. Data forms are
included with the attachments in support of our delineation. Site meetings were
conducted with the NC-DWQ on February 1, Zoo6 to confirm our buffer determination.
The Hydrologic Unit Code forthis basin is 03020201. The Water Quality
classification is C-NSW, stream index 27-33-4-1•
Existing Site Conditions
The proposed alignment is currently wooded and the adjacent properties are a
mixture of residential and commercial properties. No wetlands were identified along
the proposed alignment. Uplands consist of mixed pine/hardwood forests. Typical
species include loblolly pine (Pinus taeda), sweetgum (Liquidambarstyracif/ua), red
cedar (/uniperus virginiana), black oak (Quercus velutina), American beech (Fagus
grandifolia), white oak (Quercus alba), dogwood (Corpus fiorida), and Christmas fern
(Polystichum acrostichoides).
According to the Wake County Soil Survey map, soils within the proposed alignment
consist of Creedmoor sandy loam, Gullied land, and Chewacla.
Project Description and Purpose
As stated above the purpose of the project is to alleviate congestion at the
intersection of Highway 7o and Brier Creek Parkway and provide a second access
point to Highway 7o and will also provide an additional turn lane on Highway 70. By
decreasing the volume of traffic at either intersection, it will decrease the risk of an
accident (i.e. it will improve safety). The additional through lane on Highway 7o will
also improve safety. As depicted on the attached aerial photographs, much of the
adjacent property is commercial and is heavily traveled.
Project History
A wetland delineation was conducted by Withers & Ravenel in October of Zoos. Data
forms are included with the attachments in support of our delineation. Site meetings
were conducted with the NC-DWQ on February 1, 2006 to confirm our buffer
determination and the buffer letter is included with the attachments. We previously
applied for a Nationwide Permit for this project, however, due to design constraints
and DOT requirements, the revised impacts exceed the threshold for Nationwide
Permits. We also applied for an individual permit, but have revised the permit
application, as per the USACE, to include an additional impact so that the project
has a logical terminii. 4o1-certification was issued for the culvert extension and for
the two road crossings in the earlier submittal (see attached).
Proposed Impacts
The current request is for i,o49 linear feet of Important/Perennial stream impact and
1.84 acres of riparian buffer impact for three (3) road crossings and one culvert
extension (see the attached maps and PCN for a detailed accounting of the buffer
impacts). Because the impacts are greater than 150 linear feet and because the
buffer impacts are greater than o.33 acres at each road crossing, we believe that
mitigation will be required. The applicant proposes payment to the NC-EEP. The
applicant will employ appropriate BMP's during construction to prevent sediment
from entering the streams. Following construction the applicant will employ level
spreaders to provide diffuse flow in the buffers. Level spreaderworksheets and
details were included, and approved, in the previous submittal to DWQ.
Avoidance and Minimization
In order to tie into the existing intersection at Highway 7o and the existing ACC Blvd,
the proposed impacts could not be avoided. To minimize impacts, the applicant
proposed utilizing a headwall and 2:i slopes, however, due to design constraints
and NCDOT requirements, using a headwall was not feasible. The DOT does not
allow the use of headwalls because of safety/maintenance concerns. The proposed
alignment will not impact any jurisdictional wetlands.
Please feel free to call if you have questions or require additional information.
Sincerely,
WIT~HnE,~RS ~RAVENEL, INC.
/ , e~
Todd Preuninger
Attachments -
1) PCN Form
2) Data Forms
3) Site plans
4) Agent Authorization
5) USGS Quad
6) Soil Survey Map
7) DWQ Level Spreader Worksheets
8) Application for Department of the Army Permit
P~ T,
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No. O to " O 1 3 8 V.3
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
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 ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Individual Permit
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 Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, 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), ch ~ ~~~~~n~ ;~~
II. Applicant Information `'f i:~
N~V ~, ~ 2Q07
1. Owner/Applicant Information DENR -WATER QUAD fl
Name: L~ynor 1METlAND3 AND STOPMWl1~R 6 aw ~
Mailing Address: c/o City of Raleigh
Division of Public Works
222 Hargett Street
Raleigh, NC 27602
Telephone Number: 919-890-3030 Fax Number: 890-3832
E-mail Address: lynn.raynor(a~ci.raleigh.nc.us
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: Todd Preuninger
Company Affiliation: Withers & Ravenel
Mailing Address: 117 MacKenan Drive
Cary, NC 27511
Telephone Number: 919-469-3340 Fax Number: 919-238-2099
E-mail Address: tpreunin er ,withersravenel.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: T.W. Alexander Drive and Hi wav 70
2. T.I.P. Project Number or State Project Number (NCDOT Only): NA
3. Property Identification Number (Tax PIN): 0768393677, 0768297399, 0768294553,
0768491451.
4. Location
County: Wake Nearest Town: Raleigh
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers/names, landmarks, etc.): Site is located due east
from the current intersection of T.W. Alexander Drive and Hi wav 70 -Glenwood Avenue.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.9180516 °N 78.7862981 °W
6. Property size (acres): NA-
7. Name of nearest receiving body of water: Little Brier Creek
8. River Basin: Neuse River Basin
(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/.)
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 alignment is currently wooded. Land use
within the vicinity of the project is a mixture of residential and commercial properties.
Page 2 of 9
9. Describe the overall project in detail, including the type of equipment to be used: The
project consists of constructing and extending TW Alexander Drive from the intersection of
US 70 to Brier Creek Parkway and a culvert extension on Hi way 70. The project will
include typical heavy equipment associated with this type of construction (e. g. excavators,
dump trucks, bulldozers etc.).
10. Explain the purpose of the proposed work: The purpose of the proposed project is to
connect T.W. Alexander Drive to ACC Boulevard and Brier Creek Parkway. With the new
access point at Hi way 70 and T.W. Alexander, it is anticipated to ease congestion at the
intersection of Brier Creek Parkway and Hi way 70. In addition, a culvert will be extended
on Highway 70, to allow the installation of a turn lane. These improvements are intended to
increase safety at an already crowded intersection.
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. Wetland delineations were performed by Withers &Ravenel in October
2005. Data forms are included in support of our delineation. Previous permits may have been
issued for other segments of the roadway, however, Withers &Ravenel was not involved in the
previous phase. On February 1, 2006, a site meeting was conducted with Mr. Eric Kulz of the
NC-DWQ, to verify our buffer determination and intermittent/perennial determination. We
previously applied for a Nationwide Permit for this project, however, due to desiga~ constraints
and DOT requirements, the revised impacts exceed the threshold for Nationwide Permits. We
also applied for an individual permit, but have revised the permit application, as per the USACE,
to include an additional impact so that the project has a logical terminii. 401-certification was
issued for the culvert extension and for the two road crossings in the earlier submittal.
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.
Currently there are no plans to extend T.W. Alexander beyond Brier Creek Parkway. However,
additional impacts may be required if the City of Raleigh decides to extend T.W. Alexander to
access other areas within Wake County. Additional impacts may be needed to develop the
parcels adjacent to the roadway. The property owners of these parcels will apply for 404
Authorization or 401 Certification, if necessary.
VI. Proposed Impacts to Waters of the United States/Waters of the State
Page 3 of 9
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. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should 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.
I. Provide a written description of the proposed impacts: The current request is for 1,049
linear feet of Important/Perennial stream impact and 1.84 acres of riparian buffer impact for
three 3) road crossings and one culvert extension
2. Individually list wetland impacts. Types of 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.
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number
Type of Impact
(e.g., forested, marsh, 100-year Nearest Impact
(indicate on map)
herbaceous, bog, etc.) Floodplain Stream (acres)
(yes/no) (linear feet)
NA NA NA NA NA NA
Total Wetland Impact (acres) 0
3. List the total acreage (estimated) of all existing wetlands on the property: NA
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, 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. To calculate acreaae_ multiply leneth X width_ then divide by 43.560_
Stream Impact
Number
(indicate on map)
Stream Name
Type of
Impact
Perennial or
Intermittent? Average
Stream Width
Before Impact Impact
Length
(linear feet) Area of
Impact
(acres)
1 C UT to Little Brier Creek Culvert Perennial 2-oft 421 0.05
2C UT to Little Brier Creek Culvert Perennial 2-4 ft 180 0.012
3C UT to Little Brier Creek Culvert Perennial 3-5 ft 58 0.02
4C UT to Little Brier Creek Culvert Perennial 3-5 ft 390 0.08
Total Stream Impact (by length and acreage) 1,049 0.166
Page 4 of 9
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact
Name of Waterbody Type of Waterbody Area of
Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
(indicate on map) ocean, etc.) (acres)
NA NA NA NA NA
Total Open Water Impact (acres) NA
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.166
Wetland Impact (acres): 0
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.166
Total Stream Impact (linear feet): 1,049
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ®No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated. by the USACE.
NA
8. 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
Current land use in the vicinity of the pond: NA
Size of watershed draining to pond: NA Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
NA
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. Aiso 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 streams bisect the proposed
alignment and impacts could not be avoided in order to construct the roadwav and tie into the
existing roads However, impacts to the stream channels were minimized through the use of
Page 5 of 9
steeper fill slopes and crossing at a nearly perpendicular angle. Earlier plans called for using a
headwall to minimize impacts, however, this would not satisfy DOT requirements.
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 January 15, 2002, 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 NCEEP 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.nc.us/ncwetlands/stnngide.html.
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.
The applicant proposes ~ayment to the NC-EEP to satisfy mitigation requirements
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
(919) 715-0476 to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): 1,049 - 2,098 LF
Page 6 of 9
Amount of buffer mitigation requested (square feet): 191,087 SF
Amount of Riparian wetland mitigation requested (acres): NA
Amount ofNon-riparian wetland mitigation requested (acres): NA
Amount of Coastal wetland mitigation requested (acres): NA
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ® No ^
2. 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 ® (we are below the thresholds that trigger for an EA and will
provide mitigation to offsite any negative environmental effects)
3. 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.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A
NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other
(please identify )? Yes ® No ^
2. If "yes", 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.
IMPACT 1
Zone* Impact
(s ware feet) Multiplier Required
Mitigation
1 20,556 3 (2 for Catawba} 61,668
2 10,636 1.5 15,954
Total A 27,314 77,622
Page 7 of 9
IMPACT 2
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 8,712 3 (2 for Catawba) 26,136
2 5,225 1.5 7,837.50
Total B 13,937 33,973.50
IMPACT 3
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 1,991 3 (2 for Catawba) NA
2 822 1.5 NA
Total A 2,813 NA
IMPACT 4
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 20,930 3 (2 for Catawba) 62,790
2 11,134 1.5 16,701
Total A 27,314 79,491
Grand Total
Zone* Impact
(s uare feet) Multiplier Required
Mitigation
1 52,189 3 (2 for Catawba) 150,594
2 27,817 1.5 40,493
Total 80,006 191,087
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260. Payment into the Riparian Buffer
Restoration Fund
XI. Stormwater (required by DWQ)
Describe impervious acreage (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. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. NA- This is a linear project. Durin>;
construction the applicant will employ appropriate BMP's to prevent sediment from enterin>3 the
stream. Following construction the applicant will provide diffuse flow into the buffers using
level spreaders. Level spreader worksheets are included with the attachments
Page 8 of 9
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.
Sanitary Sewer
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this an after-the-fact permit application? Yes ^ No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
Although this project is part of an extension of T W Alexander we do not believe that this
project will result in future development that will impact downstream water quality The
adjacent parcels to T.W. Alexander can currently be accessed via Highway 70 and/or ACC
Boulevard (i.e. development could occur without the proposed roadway) and therefore
construction of this road does not necessarily increase the likelihood of development As ap rt of
the NC-DWQ guidelines the applicant will provide diffuse flow into the buffers in order to
protect downstream water quality. In addition the City of Raleigh will ensure that any
development that occurs adjacent to the roadway will comply with the NPDES Phase II
Stormwater rules.
XV. 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).
q 16~'
Applicant/Agent's Signature ate
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 9 of 9
J __
PIN NUM REID OWNER ADDR1 ADDR2
0768393677 0038574 CREEKWOOD HIGHWAY 70 ALEXANDER LlC 4949 WESTGROVE DR STE 100 DALLAS TX 75248-1949
0768297399 0012762 CREEKWOOD HIGHWAY 70 ALEXANDER LLC 4949 WESTGROVE DR STE 100 DALLAS TX 75248-1949
0768691427 0266788 SLF RUBY JONES LLC STRATFORD COMPANY 5949 SHERRY LN STE 1750
0766491451 0036846 SLF RUBY JONES LLC STRATFORD COMPANY 5949 SHERRY LN STE 1750
0768592170 0329070 ALEXANDER OFFICE PARK CONDO MASTER ALEXANDER GROUP LLC 8310 BANDFORD WAY RALEIGH NC 27615-2752
0768488788 0349906 ALEXANDER INVESTMENT GROUP LLC 8310 BANDFORD WAY RALEIGH NC 27615-2752
0768581750 0349905 ALEXANDER INVESTMENT GROUP LLC 8310 BANDFORD WAY RALEIGH NC 27615-2752
ADDR3
DALLAS TX 752258008
DALLAS TX 75225-8008
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APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO. 0710-0003
(33 CFR 325/ Expires December 31, 2004
The Public burden for this collection of information is sestimated to average 10 hours per response, although the majority of applications should require
5 hours or less. This includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of
information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service Directorate of Information
Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302; and to the Office of Management and Budget,
Paperwork Reduction Project (0710-00031, Washington, DC 20503. Respondents should be aware that notwithstanding any other provision of law,
no person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control
number. Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having
jurisdiction over the location of the proposed activity.
PRIVACY ACT STATEMENT
Authorities: Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marine Protection ,Research and
Sanctuaries Act, 33 USC 1413, Section 703_ Principal Purpose: Information provided on this form will be used in evaluating the application for a
permit. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies.
Submission of requested information is voluntary, however, if information is not provided the permit application cannot be evaluated nor can a permit
be issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this
application (see sample drawings and instructans- and be submitted to the District Engineer having jurisdiction over the location of the proposed
activity. An application that is not completed in full will be returned.
1. APPLICATION NO
2. FIELD OFFICE CODE ~ 3. DATE RECEIVED ~ 4. DATE APPLICATION COMPLETED
!/TFMS RF/ nW Tn RF FI/ ! FA RV aPD/ u`/IAm
5. APPLICANT'S NAME 8. AUTHORIZED AGENT'S NAME AND TITLE Ian anent is not reouiredl
City of Raleigh - Attn: Lynn Raynor Withers and Ravenel -Todd Preuninger
6. APPLICANT`S ADDRESS 9. AGENT'S ADDRESS
222 W. Hargett St. 111 MacKenan Drive
Raliegh, NC 27602 Cary, NC 27511
?.. APPLICANT'S PHONE NOS. W/AREA CODE 10 AGENT'S PHONE NOS WlAREA CODE
a. Residence _
a. Residence
b. Business 919-890-3030 E b. Business 919-469-3340
1 1 • STATEMENT OF AUTHORIZATION
I hereby authorize, See attached authorization to act in my behalf as my agent in the proceo~is~pl~ion and to
furnish, upon request, supplemental information in support of this permit application.
APPLICANT'S SIGNATURE DATE
NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE isee insbuc[ions
TW Alexander Drive Extension and Highway 70 Culvert extension
13. NAME OF WATERBODY. IF KNOWN rr a~~cr.~ntPt f 14. PROJECT STREET ADDRESS lil applicable)
UT to Little Brier Creek f
15. LOCATION OF PROJECT
Intersection of Highway 70 and TW Alexander
Drive.
Wake County, NC
COUNTY STATE f
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN, (see instructions)
17, DIRECTIONS TO THE SITE
The proposed extension of T.W Alexander is located in Wake County in the City of Raleigh, and
will continue east from the current intersection of T.W. Alexander Drive and US 70 -Glenwood
Ave until reaching Brier Creek Parkway (see attached USGS Quadrangle).
N R 345, Jul 97 EDITION OF FEB 94 IS OBSOLETE. (Proponent. CECW-OR)
18. Nature of ACYIVIty (Descripion of poject, include all fcwturesl
This project will link T.W. Alexander to ACC Boulevard, and Brier Creek Pkwy, in order to
provide a second access point to Highway 70 via Brier Creek Parkway or the new T.W alignment
and ease congestion along Brier Creek Parkway. In addition, this project involves the
extension of an existing culvert on Highway 70, in order to provide an additional turn lane.
The project is located in the Neuse River Basin and contains un-named tributaries to Little
Brier Creek. p
19. RO)ect PurpOSe (Describe the reason or purpue of the poject, see instruciiansl
As stated above the purpose of the project is to alleviate congestion at the intersection of
Highway 70 and Brier Creek Parkway and provide a second access point to Highway 70 and will
also provide an additional turn lane on Highway 70.
USE BLOCKS 20-22 IF DREDGED ANDlOR FILL MATERIAL IS TO BE DISCHARGED
20. Reason{s} for Discharge
21. Type(s- of Material Being Discharged and the Amount of Each Tvoe in Cubic Yards
NA - Culvert
22. Surface Area in Acres of Wetlands or Other Waters Filled /seeinsrrucUOnsl
1,049 linear feet (0.168acres) of streams will be culverted for road construction
23. Is Any Portion of the Work Already Complete? Yes ~ No IF YES. DESCRIBE THE COMPLETED WORK
24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (If more than can be entered here,
please attach a supplemental list}.
25. List of Other Certifications or Approvals/Denials Received from other Federal, State or Local Agencies for Work Described in This Application.
AGENCY TYPE APPROVAL' IDENTIFICATION NUMBER DATE aPP1 lFn f)ATF APPRrI\/Cr1 nnTr nC~11Cn
NC-DWQ ',
"Would include but is not restricted to zoning. building and flood olain nermirc
26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this
applicaton is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the
duly authorized agent of the applicant.
O~
SIGNATURE OF APPLICANT DATE SIGNATURE OF AGENT ATE
The application must be signed by the person who desires to undertake the proposed activity (applicant- or it may be signed by a duly
authorized agent if the statement in block 11 has been filled out and signed.
18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States
knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or
fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or
fraudulent statements or entry, shalt be fined not more than $10,000 or imprisoned not more than five years or both.
I
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WITHERS \ 5i1 �. }
E S ` RAVENEL
ENC'
VEERS I PLANNERS I SURVEYDRS
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FIG. FROM TO LENGTH UPSTREAM
INVERT UPSTREAM GROUND
ELEVATION DOWNSTREAM
INVERT DOWNSTREAM GROUND
ELEVATION
1 PE #51 PE #50 263' 347.24' 348.24' 343.12' 344.12"
2 INV IN INV OUT 199' 346.80' 347,80' 345.00' 346.00'
3 EX.HW NEW HW 263' 337.17' (EX.) 337.2'(+/-) 335.17' 335.2'(+/-)
4 INV IN INV OUT 253" Preliminary Preliminary
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CHANNEL IMPACT SUMMARY TABLE
(ROAD CROSSINGS)
IMPACT TYPE CH SF LINEAR FT.
NO. (CH)
1C CH 2125 SF 421 LF
2C CH 550 SF 180 LF
3C CH 933 SF 58 LF
4C CH 3631 SF 390 LF
TOTAL: 7239 SF 1049 LF
CH=CHANNEL, NB=NEUSE BUFFER,
Z7=ZONE1, Z2=ZONE2
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NOTES:
1. WETLANDS DELINEATED BY WITHERS & RAVENEL
AND SURVEYED BY JOHN A. EDWARDS & COMPANY.
2. EXISTING TOPOGRAPHY TAKEN FROM FIELD SURVEYS
BY JOHN A. EDWARDS & COMPANY.
BUFFER IMPACT SUMMARY TABLE
(ROAD CROSSINGS)
IMPACT TYPE IMPACT AREA
NO. (SF)
1A NRB-Z2 10,636 SF
1B NRB-Zi 20,556 SF
2A NRB-Z2 5,225 SF
26 NRB-Z1 8,712 SF
3A NRB-Z2 822 SF
38 NRB-Zi 1,991 SF
4A NRB-Z2 11,134 SF
4B NRB-Zi 20,930 SF
TOTAL: 80,006 SF
CH=CHANNEL, NB=NEUSE BUFFER,
Z1=ZONEi, Z2=ZONE2
~ 2
IIM KEITH
DB 6411, PG 314
C/0 USTRATOFORD NC ~
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WITHERS ~ RAVENEL WETLAND AND BUFFER IMPACTS
T W. ALEXANDER AND U.S. HIGHWAY 70
ENGINEERS I PLANNERS I SURVEYORS
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i NOTE :IMPACT MAP AND AREAS PROVIDED
RY JON CALLAHAN, PE, PLS WITH JOHN A.
EDWARDS AND COMPANY. ~ inch = 50 ft.
Note: See Overall Wetlands Impact Map for Area Location
WITHERS ~ RAVENEL FIGURE2-WETLAND AND BUFFER IMPACTS
T.W. ALEXANDER AND U.S. HIGHWAY 70
ENGINEERS I PLANNERS 1 SURVEYORS RALEIGH, NORTH CAROLINA
ttt MacKenen prive Cary. North Carolina Z]611 ~el~. 919J69-3300 lar: 919-16]-6068 w.vw.withersravanal.com
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/ ~ ~'t Note: See Overall Wetlands Impact Map For Area Location
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HEADWALL
SEE PLANS 2 5 2 4
BY OTHERS
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CLASS 1
6'XT RCBC of ° ~ RIP RAP
N ~
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STREAM
CHANNEL
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BY OTHERS
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-EXTEND EXISTING 6' x 7' RCBC
(22.74 LF @ 1.46%)
- PROPOSED HEADWALL
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I RIPRAF
6'XT RCBC 2.1 CLASS I RIPRAP 2.1 c°N
EXISTING
STREAM
CHANNEL
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- CLASS I RIPRAP
PLAN
PLUNGE BASIN ENERGY DISSIPATER
NTS
WITHERS ~ RAVENEL FIGURES-WETLAND AND BUFFER IMPACTS
T.W. ALEXANDER AND U.S. HIGHWAY 70
ENGINEERS I PLANNERS 1 SURVEYORS RALEIGH, NORTH CAROLINA
111 MacKenan Driva Cary, North Carolina ]]611 tel: 919-6833340 faa: 919d8]~i008 wilNersrevenel.com
3
F
g
1 inch = 50 ft.
Note: See Overall Wetlands Impact Map For Area Location
WITHERS ~ RAVENEL FIGURE4-WETLAND AND BUFFER IMPACTS
T.W. ALEXANDER AND U.S. HIGHWAY 70
ENGINEERS 1 PLANNERS I SURVEYORS RALEIGH, NORTH CAROLINA
111 MacNenan Drive Cary. North Caroline 1"/511 ei: 9~9-a69-3340 taa: 91938)L008 .wiihers.evenel.com
~F CSI ~~`~"~ EN~~ ~~ ~ T ~~EP
!N-~lEU FEE RE{,~UEST F{~RM
Print this form, fill in requested information, sign and date, and either mail to NCEEP, 1652 Ntail Service Center, Raleigh, NC
27639-1652, fax to 919-715-2219, ar email to Keily.williams@ncmail.net. Attachments are acceptable for clarification
purposes (location map is required).
PRC INF(R ATIC~N
8. Project Name
9. Project Location (nearest town, city)
~*C~~/~;,?-f tvtAP S~' ;`~;Fr~1G (C~1F'ACT L_C~CaATIC~P~`~~
10. Lat-Long Coordinates (optional)
11. Project County
Alexander Extension
Intersection of Hwy 70 and TW Alexander, Raleigh, Wake County
Wake County
12. River Basin
Neuse
13. Cataloging Unit (8-digit) (see Note 1)
03020201
14. Riparian Wetland Impact (ac.) (e.g., 0.13)
NA
15. Non-Riparian Wetland Impact (ac.)
1
NA i
16. Coastal Marsh Impact (ac.)
NA
F
_ ..... _...... __.._. _ .. ........ _. _ ... _._..
17. Stream Impact (ft.) (e.g. 1,234) _ ._._.~_ .............~.._.~~__. ___.__.......~ ,,~,_...~....._._...,...
f Warm Cool Cold
_ (See Note 2)
_ . ~_ ~ F _. ... __. __
~ 1 049 ___..____._.___.._._._..____._.__
18. Buffer Impact-Zone (sq. ft.) (e.g. 12,345)
~ :Zone 1: 150
594 € Zone 2: 40
493 '[
(See Note 3)
___ __........_..._...._._........._....... ,
,
.._I_.
19. Regulatory Agency Staff Contacts
(Indicate names, if known) USACE: Jamie Shern ` DWQ' lan McMillan
_ _
20. Other Regulatory ID Information ~~~
___..~___~_rr...~e. ~~
(e.g., USACE Action ID, if known)
i...... _..... ! T (. _._.
Check (`') below if this request is a: Signature of Applicant or Agent:
I
revision to a current acceptance, or
~~re-submission of an expired acceptance
Date:
Note 1: For help in determining the Cataloging Unit, go to EPA's "Surf Your Watershed" web page:
http:l(c#pub.epa.govlsurfilocatelindex.cfm Note (9) above: requirement to attach location map.
Note 2: For guidance on stream temperatures, go to:
http:llwww.saw, usace. armv. miINVETLAN DS1M itiaationlDocuments/StreamlAppendices/Appendix 1. pdf
Note 3: Buffer mitigation applicable only in the Neuse, Tar-Pamlico and Catawba river basins, and the Randleman Lake
Water Supply Watershed. Direct all questions to Kelly Williams at 919-716-1921 or kelly.williams@ncmail.net
(- ....
olN I T 1=1 E 1? 5 L~ R/A~/E 1®1 E L
ENGINEERS I PLANNERS I SURVEYORS
Site Access JAgent Authorization Form
Project Name: 1 ~ , A~e,~a+--dea- ~r;ye ~X~-ensi'on
Property Owner/Contract Purchaser: C.~~o~ C~ale,~~,
Address: 2Z2 W. l:~ra~' St.
e,i~,.11C 2Zb~2
Phone: (q19) Sqo - 3o3a
Fax: 0919) SiQo - 34332
Email ~i.,v,v,.ra~,nar @ ei.raje.~~h .v1c.u5
I hereby grant Withers and Ravenel, INC permission to conduct environmental
studies on the property described above. )n addition, l authorize Withers and
Ravenel to act on my behalf as my agent when conducting site meetings and/or
correspondence (i.e. permit applications etc.) with the USACE and the NC -Division
of Water Quality, if necessary.
Property Owner: ~4-+u5 1..,„~ (~,.ro~,r Date: 9~Z7~b7
(Print Name)
~~~~~~~
{Signature}
t
.~®~th
June 27, 2007
Ms. Jean Manuele
US Army Corps of Engineers
6508 Falls of the Neuse Road, Suite 120
Raleigh, NC 27615
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SUBJECT: Traffic Projections for the Proposed TW Alexander Drive Extension
Dear Jean:
The City of Raleigh has received preliminary travel demand projections for the
proposed TW Alexander Drive Extension in northwest Raleigh. This roadway is
proposed as a future four-lane median-divided facility between US 70 (Glenwood
Avenue) and Leesville Road.
The forecasted traffic volume anticipated for this facility is approximately
32,000 vehicles per day in the year 2035. This is based on the travel demand model
maintained by the Capital Area Metropolitan Planning Organization and the Institute
for Transportation Research and Engineering at NC State, who jointly maintain the
Triangle Regional Model. This model takes into account future land use projections and
infrastructure improvements that are planned to occur between 2007 and 2035.
Based on this future year forecast, we are strongly supportive of constructing any
pOrt:O;. of tiL15 Cvrrid`Jr t0 1tS 1.IiiiT'sate fOi1r-iatie liledlall-lllvlded CT'OSS-SectlUn, Wnetner It
occurs with private development or with public projects. If you need any other
information or have any questions about this corridor, please give me a call at
(919) 516-2161 or email me at eric.lamb@ci.raleigh.nc.us.
Sincerely,
. ~~
Eric J. Lamb, PE
Manager, Transportation Services Division
Cc: Mr. Todd Preuninger, Withers & Ravenel ~
Mr. J. Lynn Raynor, PE, City of Raleigh Public Works Department
OFFICES p 222 WEST HARGETT STREET ®POST OFFICE BOX 590 ~ RALEIGH, NORTH CAROLINA 27602
Recycled Paper
O~O~ W A T ~9QG
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
October 25, 2007
Mr. James Lynn Raynor
c/o City of Raleigh
Division of Public Works
DWQ Project # 07-1655
RECE~VEL~ Wake County
ocr 2 s 700
222 Hargett Street Withers & Ravenel
Raleigh, NC 27602
Subject Property: U.S. Highway 70 Culvert Extension -REVISED
Little Brier Creek [030402, 27-33-4-1, C, NSW]
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River
Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions
Dear Mr. Raynor:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 58 linear feet of perennial stream and 1,991 square feet of Zone 1 Neuse River
basin protected riparian buffer, and 822 square feet of Zone 2 Neuse River basin protected riparian buffer,
as described in your application dated September 27, 2007, and received by the Division of Water Quality
(DWQ) on September 28, 2007, with additional information received by you on October 17, 2007, to
extend a culvert for a turn lane on U.S. Highway 70. After reviewing your application, we have decided
that the impacts are covered by General Water Quality Certification Number(s) 3627 (GC3627). The
Certification(s) allows you to use Nationwide Permit(s) NW 14 when issued by the US Army Corps of
Engineers (USAGE). This Certification replaces the Certification issued to you on October 24, 2007.
In addition, you should obtain or otherwise comply with any other required federal, state or local permits
before you go ahead with your project including (but not limited to) Erosion and Sediment Control, and
Non-discharge regulations. Also, this approval to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA
Permit.
This approval is for the purpose and design that you described in your application. 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 fills for this project (now or in the future) exceed one acre of
wetland or 1501inear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
401 OversightBxpress Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-1786 /FAX 919-733-6893 /Internet: http://h2o.enr.state.nc.us/ncwetlands
NonehCarolina
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An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
City of Raleigh
Page 3 of 4
October 25, 2007
Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the stream up
or down stream of the culvert(s). Existing stream dimensions (including the cross section dimensions,
pattern and longitudinal profile) shall be maintained above and below locations of each culvert.
Therefore, you must provide plans with adequate details that indicate that the current stability of the
stream will be maintained or enhanced. You must receive written approval from this Office for the
above plans before the culvert(s) is installed. Culvert(s) must be installed according to approved plans.
Placement of culverts and other structures in waters, streams, and wetlands must be placed below the
elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20
percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow
passage of water and aquatic life. Design and placement of culverts and other structures including
temporary erosion control measures shall not be conducted in a manner that may result in dis-
equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the
above structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested in writing by DWQ.
The establishment of native, woody vegetation and other soft stream bank stabilization techniques
must be used where practicable instead of rip rap. or other bank hardening methods. If rip-rap is
necessary, it shall not be placed in the stream bed; unless specifically approved by the Division of
Water Quality.
Installation of culverts in wetlands must ensure continuity of water movement and be designed to
adequately accommodate high water or flood conditions.
Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of
Completion" form to notify NCDWQ when all work included in the §401 Certification has been
completed. The responsible party shall complete the attached form and return it to the 401/Wetlands
Unit of the NC Division of Water Quality upon completion of the project. Please send photographs
upstream and downstream of each culvert site to document correct installation along with the
Certificate of Completion form.
6. Diffuse Flow (No Review)
All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at
non-erosive velocities through the protected stream buffers such that it will not re-concentrate
before discharging into a stream as identified within 15A NCAC 2B .0233 (5). If this is not
possible, it may be necessary to provide stormwater facilities that are considered to remove
nitrogen. This may require additional approval from this Office.
;:
7. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization shall be clearly marked with orange warning fencing
(or similar high visibility material) for the areas that have been approved to infringe within the
buffer, wetland or water prior to any land disturbing activities;
8. Certificate of Completion
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
Certification of Completion
DWQ Project No.:
Applicant:
Project Name:
County:
Date of Issuance of Certification or Authorization:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules; and any
subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send
certificates from all of these.
Applicant's Certification
I,
used in the observation of the
compliance and intent of the 401
and other supporting materials.
Signature:
Agent's Certification
Date:
I, ,hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature:
Date:
"~~
If this project was designed by a Certified Professional
~~,
I, as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permiee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such. that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
hereby state that, to the best of my abilities, due care and diligence was
construction such that the construction was observed to be built within substantial
Water Quality Certification and Buffer Rules, the approved plans and specifications,
Signature: Registration No, Date
O~O~ W A ~~9QG
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~~~
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Mr. Samir Bahho
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
September 28, 2007
Coleen H. Sullins, Director
Division of Water Quality
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City of Raleigh -Division of Public Works
222 Hargett Street
Raleigh, NC 27602
Re: TW Alexander Drive and ACC Boulevard Connection, Wake County `ehe~
DWQ #20060738, Ver.2; USACE Action ID. No. SAW-2006-33046-292
APPROVAL of 401 Water Quality Certification and Authorization Certificate per the
Neuse River Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions -
REVISED
Dear Mr. Bahho:
Attached hereto is a copy of Certification No. 3598 issued to Mr. Samir Bahho and City of
Raleigh, dated September 28, 2006. This letter shall also act as your approved Authorization
Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0233. This
Certification replaces the Certification issued to you on December 1, 2006. In addition, you
should get any other federal, state or local permits before you go ahead with your project
including (but not limited to) Solid Waste, Sediment and Erosion Control, Stormwater, Dam
Safety, Non-discharge and Water Supply Watershed regulations.
If we can be of further assistance, do not hesitate to contact us.
Sinc ely,
Coleen H. Sullins, Director
CHS/cbk/ijm
Attachments: NCDWQ 401 WQC Summary of Permanent Impacts and Mitigation Requirements
Certificate of Completion
cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789
U.S. Army Corps of Engineers, Raleigh Regulatory Field Office, Wilmington District, USACOE
Mike Horan, DWQ, Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Todd Preuninger, Withers & Ravenel, 111 MacKenan Drive, Cary, NC 27511
Filename: 060738Ver2TWAlexanderDriveandACCBIvdConnection(Wake)401_NBR IC_Revised.
NQ;ethCarol~a
401 OverSighUExpress Review Permits Unit ~ atuCa!!
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crebtree Boulevard, Sufte 250, Raleigh, North Carolina 27604
Phone: 919-733-17861 FAX 919-733-6893 / Internet: h_ttp://h2o.enr.state.nc.us/ncwetlands
An Equal OpportunitylAffirmative Action Employer - 50% Recycled110% Post Consumer Paper
Mr. Samir Bahho and City of Raleigh
Page 3 of 5
September 28, 2007
Sediment and Erosion Control:
2. Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Sediment. and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal, or exceed, the requirements specified
in the most recent version of the North Carolina Sediment and Erosion Control
Manual. The devices shall be maintained on all construction sites, borrow sites, and
waste pile (spoil) projects, including contractor-owned or leased borrow pits
associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the 404/401Permit Application. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur;
4. Sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable. If placement of sediment and erosion control devices in
wetlands and waters is unavoidable, they shall be removed and the natural grade restored
within six months of the date that the Division of Land Resources has released the project;
5. Protective Fencing -The outside buffer, wetland or water boundary and along the
construction corridor within these boundaries approved under this authorization shall be
clearly marked with orange warning fencing (or similar high visibility material) for the
areas that have been approved to infringe within the buffer, wetland or water prior to any
land disturbing activities to ensure compliance with 15A NCAC 2B .0233 and GC 3404;
Continuing Compliance:
6. Mr. Samir Bahho and City of Raleigh shall conduct construction activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with section 303(d) of the Clean Water Act) and any other appropriate
requirements of State law and federal law. If the Division determines that such standards
or laws are not being met (including the failure to sustain a designated or achieved use) or
that State or federal law is being violated, or that further conditions are necessary to
assure compliance, the Division. may reevaluate and modify this Certification to include
conditions appropriate to assure compliance with such standards and requirements in
accordance with 15A NCAC 2H.0507(d). Before modifying the Certification, the
Division shall notify Mr. Samir Bahho and City of Raleigh, and the US Army Corps of
Mr. Samir Bahho and City of Raleigh
Page 5 of 5
September 28, 2007
permit. If your project is covered by this permit [applicable to construction projects that
disturb one (1) or more acres], full compliance with permit conditions including the
sedimentation control plan, self-monitoring, record keeping and reporting requirements
are required. A copy of this permit and monitoring report forms may be found at
http://h2o.enr.state.nc.us/su/Forms Documents.htm.;
10. Certificate of Completion
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 Oversight/Express Review
Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center,
Raleigh, NC, 27699-1650.
Also, this approval to proceed with your proposed impacts or to conduct impacts to waters
as depicted in your application shall expire upon expiration of the 404 or CAMA Permit.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon
written request within sixty (60) days following receipt of this Certification. This request must be
in the form of a written petition conforming to Chapter 150B of the North Carolina General
Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. If modifications are made to an original Certification, you have the
right to an adjudicatory hearing on the modifications upon written request within sixty (60) days
following receipt of the Certification. Unless such demands are made, this Certification shall be
final and binding.
This the 28t" day of Se tuber 2007
DIVISI N O W QUALITY
Coleen H. Sullins, Director
3598
CHS/cbk/ijm
O~O~ W AT ~RpG
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2H.0500, Mr. Samir Bahho and the City of Raleigh have permission as outlined
below to fill or otherwise impact 601 linear feet of perennial stream and 54,984 square feet of Zone 1 Neuse River
basin protected riparian buffers and 31,396 square feet of Zone 2 Neuse River basin protected riparian buffers to
construct the proposed T.W. Alexander Drive and ACC Boulevard connection in Wake County. All activities
associated with these authorized impacts must be conducted with the conditions listed in the attached Permit
transmittal letter. THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
DWQ PROJECT #: 20060738, Ver. 2
LOCATION: Raleigh
COUNTY Wake
BASIN/ SUB BASIN Neuse/03020201
As required by I SA NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for
the above mitigable impacts through the restoration, creation, enhancement or preservation of wetlands, surface
waters and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of
the state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be
rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest
foot according to 15 2R.0503(b).
Im acts Miti ation
601 Linear feet of Stream 601 Linear feet of Stream
54,894 S ware feet of Zone 1 ri arian buffers 164,952 S uare feet of Zone 1 ri arian buffers
31,396 S uare feet of Zone 2 ri arian buffers 47,094 S uare feet of Zone 2 ri arian buffers
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and
mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement
Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt
of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE
NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT
PROGRAM.
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
(919) 733-5205
Filename: 060738 Ver2TWAlexanderDriveandACCB IvdConnection(Wake)401_NBR_IC_EEP
401 Oversight/Express Review Permitting Unit N~,~tlt~u~~o~~na
1650 Mail Service Center, Raleigh, North Carolina 27699-1650 r//~~//
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone (919) 733-1786 / Fax (919) 733-6893
Internet: http://www.ncwaterquality.org
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
O~ W A T~9 Michael F. Easley, Governor
Q William G. Ross Jr., Secreta
` ~ ~_- ~ North Carolina Department of Environment and Natural Resources
j ~C.~~l~ --i Alan W. Klimek, P.E. Director
i sion of Water Quality
~.
° ~~ ...:y ~ ~CEIVE~»
o zaos
February 3, 2006
1Nithers ~ Rave
nel
Mr. Todd Preuninger
Withers & Ravenel
111 MacKenan Drive
Cary, NC 27511
NBRRO 06-032
County: Wake
BASIN:
Neuse X
Tar-Pamlico
(15A NCAC 2B .0233)
(15A NCAC 2B .0259)
Complaint NOV Buffer Determination X
Incident # Appeal Call
Project Name: TW Alexander Drive Extension -
Location/Directions: Site is located to the east of the intersection of T.W. Alexander Drive and U.S. Highway
70/Glenwood Avenue in Raleigh.
Subiect Stream: UT to Little Brier Creek
Date of Determination: 2/1/06
Feature Start Buffer
GPS Points (if provided) End Buffer Stream
Form Appeal
Call Located
on Soil
Survey Located on
USGS
Topographic
A Not Subject 15 X
This on-site determination shall expire five (S) years from the date of this letter. Landowners or affectedparties
that dispute a determination made by the DWQ or Delegated Local Authority that a surface water exists and that
it is subject to the buffer role may request a determination by the Director. A request for a determination by the
Director shall be referred to the Director in writing c% Cyndi Karoly, DWQ Wetands/401 Unit, 2321 Crabtree
Blvd., Raleigh, NC 27604-2260. Individuals that dispute a determination by the DWQ or Delegated Local
Authority that "exempts" a surface water from the buffer rule may ask for an ad judicatory hearing. You must
act within 60 days of the date that you receive this letter. Applicants are hereby notified that the 60-day statutory
appeal time does not start ttntil the affected party (including downstream and adjacent landowners) is notified of
this decision. DWQ recommends that the applicant conduct this notification in order to be certain that third
party appeals are made in a timely manner. To ask for a hearing, send a written petition, which conforms to
NoithCarolina
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North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone (919) 791-4200 Customer Service
Internet: h2o.enr.state.nc.us 1628 Mail Service Center Raleigh, NC 27699-1628 FAX (919) 571-4718 I-877-623-6748
An Equal OpportunitylAffirmativeRction Employer- 50% Recycled/10% Post Consumer Paper
2/3/2006
Page 2 of 2
Chapter 1 SOB of the North Carolina General Statutes to the Offtce of Administrative Hearings, 6714 Mail
Service Center, Raleigh, N. C. 27699-6714. This determination is final and binding unless you ask for a hearing
within 60 days.
The (owner/future owners) should notify the Division of Water Quality (including any other Local, State, and
Federal Agencies) of this decision concerning any future correspondences regarding the subject property (stated
above). This project n:ay require a Section 404/401 Permit for the proposed activity. Any inquiries should be
directed to the Division of Water Quality (Central Office) at (919)-733-1786, and the US Army Corp of Engineers
(Raleigh Regulatory Field Office) at (919)-876-8441.
Respect ly,
Eric W. Kulz
Environmental Spec. III
CC: File Copy
Central Files
DWQ Wetlands and Stormwater Branch
DWQ NPS Compliance and Assistance Branch
Ben Brown -City of Raleigh
NorthCarolina
,Naturally
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone (919) 791-4200 Customer Service
Internet: h2o.enr.state.nc.us 1628 Mail Service Center Raleigh, NC 27699-1628 FAX (919) 571-4718 1-877-623-6748
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