HomeMy WebLinkAbout20060562 Ver 2_401 Application_20080630
8000 Regency Parkway, Suite 200
Cary, North Carolina 27511
Phone: 919-463-5488
Fax: 919-463-5490
CPA M
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Letter of Transmittal
To: 401 Oversight/Express Review Permitting
Raleigh Regulatory Field Office
Department of the Army, Corps of Engineers
2321 Crabtree Blvd, Suite 250
Raleigh, NC 27604
Attn: Cyndi Karoly
We are forwarding the following: ® Attached
S.O. No.: 113828
Project: R N Harris Elementary School Stream
Restoration Project
Date: June 27, 2008
? Under Separate Cover ? Other
DWG. NO. NO. COPIES TITLE OR DESCRIPTION COMMENTS
5 PCN Form
5 Landowner Authorization Form
5 Design Plans
5 Figures
5 Photo Log
5 Construction Specs
THESE ARE TRANSMITTED as checked below:
? As requested ? No exception taken ? Revise and resubmit
® For review and comment ? Rejected - See remarks ? Submit specified items
? For your information ? Proceed subject to corrections noted ? Other
GENERAL COMMENTS: Please find enclosed an application for a 401 permit
along with supporting documentation for the R N Harris Elementary School
Stream Restoration Project in Durham County. If you have any questions,
please give me call at (919) 459-9044.
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WET ANDS A.NO, UtO RMIt'A'VER VAN(A
By: Joshua White, PG
Title: Geomoroholoaist
Page: 1 of 1
? r
June 27, 2008
Mr. Eric Alsmeyer
Raleigh Regulatory Field Office
Department of the Army, Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
Ms. Cyndi Karoly
401 Oversight/Express Review Permitting Unit
2321 Crabtree Blvd, Suite 250
Raleigh, NC 27604
8000 Regency Parkway, Suite 200
Cary, North Carolina 27518
Phone: 919-463-5488
Fax: 919-463-5490
O to - 0.5 Lo a1. U a
PAID-
Re: R N Harris Elementary School Stream Restoration Project
401/404 Pre-Construction Notification Application
Dear Mr. Alsmeyer and Ms. Karoly:
Enclosed for your consideration and approval is the Pre-Construction Notification for the US Army Corps
nationwide permit 27 and the Division of Water Quality's general certification 3689 for stream
restoration, enhancement, and stabilization for the R N Harris Elementary School Stream Restoration
Project. This project is located in Durham County. Also enclosed are copies of the Thacker Stream
Restoration Plan for your reference in reviewing the PCN application. Please note that we have requested
the application be reviewed before mid-Aug 2008 to enable site preparation to take place so that the
riparian buffer may be planted during the appropriate dormant season at the end of this year. Thank you in
advance for your assistance.
The project meets the DWQ definition of stream restoration and funding was provided by grant
funding. A permitting fee has been included with this package. This is not a stream mitigation
project.
Durham School Board would like to build the stream project while the kids are out for the summer and
would appreciate any timely consideration during the review process.
If I can be of any further assistance, please contact me at (919) 459-9044.
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Enclosures: PCN, Landowner Authorization Form, Figures, Photolog, Construction Specs, and Check for fees
Office Use Only: Fonn Version March 05
USACE Action ID No. DWQ No. U - DS LD ^1 U 2
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing PAID
1. Check all of the approval(s) requested for this project.
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Pen-nit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP #27 and WQC #3689
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) check here•
C
II. Applicant Information
JUN 3 0 2008
1. Owner/Applicant Information
Name: Durham Schools (Minnie Forte-Brown) oFSx vvAlER
VI rBS l?NG
Mailing Address: 511 Cleveland Street Durham, NC 27702
Telephone Number: 919-530-7106 Fax Number: N/A
E-mail Address: N/A
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: Joshua White
Company Affiliation:Baker Engineering
Mailing Address: 8000 Regency Parkway
Carv. NC 27511
Telephone Number: 919-463-5488 Fax Number: 919-463-5490
E-mail Address: iawhiteLc)mbakercorp.com
Page 5of12
10. Describe the overall project in detail, including the type of equipment to be used: The
project consists of stream restoration of approximately 800 linear feet. Work will be done
with track excavator with hydraulic thumb, track loader, and dump trucks.
As well as pump-around equipment.
11. Explain the purpose of the proposed work: To remove to concrete lined channel and create
a new channel within the project using natural channel design methods. The new stream
pattern will restore hydrology and a stable connection between the stream and floodplain•
provide proper riffle and pool sequences; improving wildlife habitat; and reduce sediment
load.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
No prior jurisdictional determinations and/or permits have been requested and/or obtained for this project
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.
The school plans on rerouting their storm drains into a stormwater wetland.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to detennine, 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
nprap 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 (intennittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forins should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: N/A
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.
Page 7 of 12
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.
N/A.
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 an 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.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Current land use in the vicinity of the pond: N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. Proposed impacts are required
to restore the reaches within the R N Harris Stream Restoration site by naturally stabilizing the
channel, providing habitat, and planting a native vegetative buffer. The site will not heal on its
own, since the site has a concrete lined channel. Access to the site is not limited b?topography
or a mature hardwood forest. The surrounding area to the site is open and will allow for access
roads and stock pile areas to be installed sufficiently away from the stream corridor allowing for
a reduction in potential impacts.
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
Page 9 of 12
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
Regionaf 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 multialiers.
Zone* Impact Multiplier Required
(sauare feet) Mitigation
I I I 3 (2 for Catawba)
2 1.5
Total
* 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. N/A
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. This project doesn't have impervious surface within the project limits. The main
stormwater controls to be used on-site are erosion control matting, rock dams, and silt fencin to o keep all
sediment on site. A pump-around will also be used.
XII. Sewage Disposal (required by DWQ)
Page 11 of 12
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT I OMB APPROVAL No. 0710-0003
_ (33 CAR 325J 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 leas. This includes the time for reviewing instructions, searching &AKing 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 Departmsrd of Defense, Washington Headquarters Sarrloe Diractarate of Information
Operations and Reports, 1215 Jefferson Davis Highway, Suits 1204, Arlington, VA 22202-4302; and to the Office of Management and Budget,
Paperwork Reduction Project 10710-0003), Washington. DC 20503. Respondents should be aware diet notwithstanding any other provision of law,
no person aid 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 103. 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 In 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 lose sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed
activity. An applkation that Is not completed in full wE be returned.
4rOB
- (ITEMS I TRW F THE C
1. APPLICATION NO, 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION COMPLETED
5. APPLICANT'S NAME
Durham Schools {Minnie Forte-Brown 8, AUTHORIZED AGENT'S NAME AND TITLE /enMa/irrarwtreairsdl
Joshua White
6. APPLICANT'S ADDRESS
511 Cleveland Street
Durham, NC 27702 9. AGENT'S ADDRESS
Baker Engineering, 8000 Regency Pkwy, Ste. 200
Cary, NC 27518
7. APPLICANT'S PHONE NOS. rilaRKA CODE O 'S PFfON NOS, EA CO
a, Residence
b. liusiness 919-530-7106 a. Residence
i b. Business 919-463-5488
11. STATFIK1sT OF AUTHORIXATION
I hereby authorize, Joshua W (Baker Enq. ) to act in my behalf as my agent in the processing of this application and to
furnish, upon rsquyst, sn)pplams ka1 infor atopn in sLoort of this permit application. I
SIGNA
_ NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE GsashaAxmxa:
R.N. Harris Elementary School Stream Restoration Project
13. NAME OF WATERBODY. IF KNOWN /a .,.,dram./ 114. PROJECT STREET ADDRESS t#*w v*w
UT to Third Fork Creek N/A
IS, LOCATION OF MiECT
Durham North Carolina
N STATE I
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN, rewmaruaimal
Located behind R.N. Harris Elementary School, off Bacon Street
17. DIRECTIONS TO THE SITE
From Raleigh, take 40 West to the Durham Freeway (RT. 147). Exit at Alston Ave (Rt. 55),
snake a left at the light and continue south on Rt. 55. Turn left onto East Lawson Street and
continue to Bacon Street. Make a right onto Bacon Street. The site is located on the left.
ENG FORM T345, Jul 97 ION OF FIB 94 1S OBSOLETC. IProponent: CECW-0R)
18. Nature of Activity {o ear;Fria„ d poJmsv, NxAnab eI renuael
Stream Restoration; restore channel dimension, pattern, and profile. in-stream structures
will be added in certain locations for stability and habitat creation.
19. Fto jest Purpose rDermtov mo remon a prWw of the pr9iar, "m Wrruoriam)
Restore the given UT reaches by naturally stabilizing the channel, providing habitat, and a
planting a vegetative buffer; while restoring the channel with a floodplain.
USE DR FILL MATERIAL 1 TO jg E
t
t
20. Reason(s) for Discharge
i
21. Typa{s) of Material Being Discharged and the Amount of Each Tvos In Cubic Yards
I
22. Surface Area in Acres of Wetlands or Other Waters Filled laeo+r+rrruNraW
i
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 (lf more than can be entered here,
please attach a supplemental kit),
MHM PROPERTIES LLC-1539 COOPER ST DURHAM NC 27703
ELDEE BROWN-1616 S ROXBORO ST DURHAM NC 27707
TAVARES JOSEY-1201 BACON ST DURHAM NC 27707
25. List of Other Certifications or Approvals/Denials Received from other Federal, State or Locaf Agencies for Work Described In This Application.
AGENCY TYPE APPROVAL' IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED
N/A
'Would include but is not restricted to zoning, building and flood plain permits
28. Appiicaton is h eby made for a permit permits to authorize the work described in Mis application. I certify that the information in this
application is co 1 d e. rther cer ' that I possess the authority to undertake the work described heroin or am acting as the
duly authorty t e
SIGNAT OF APPLICANT ATE SIGNATURE OF AGENT DATE
The application must be signed by the person who desires to undertake the proposed aedvity lapplicant) 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 wigfully falsifies, conceals, or covers up any trick, scheme, a disguises a msterial fact or mats any false, fictitious or
frauduMnt Statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or
fraudulent statements or entry, shall be fined not more than =10,000 or imprisoned not more than five years or both.
N
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Project i
Location ' }r' y
62?gw `-?
1 '
Durham County
Project Location
Figure 1. Project Vicinity Map
R. N. Harris Elementary Schoc
Stream Restoration Project
1,000 2,000 4,000
Feet
Bak« Fn9ir-Ing M/, I-
Bl(p Regency PeM
Sage nlg
Gry. No.1e C.nNir,92>5t9
Pnp,e: 9194fiJ.5a89
Fea. 919.4fi3.5a90
N
A
Legend
Watershed Boundary
0.03 Milesz
0.09 Milesz
U/
0
0.14 Milesz
?e
a". Engi-dng NY. Ma Figure 2. Watershed Map
6W6 Pis" YP,h-y 0 375 750 1,500 R. N. Harris
• a,Y, w h ca,a?re ns,e
Phone: 919463.5086
46] Feet Elementary School
Fay' 919.Sd90
Stream Restoration Project
N Legend
Soil Types MrC - Mayodan-Urban land complex, 0-10% slopes
_ AIB - Altavista sift loam, 2-6% slopes PfE - Pinkston fine sandy loam, 10-25% slopes
Cc - Cartecay and Chewacla soils - Ur - Urban land
Ch - Chewacla and Wehadkee soils ®a
Ws6 - White Store sandy loam, 2-6% slopes
_ CrB - Creedmoor snady loam, 2-6°% slopes WsC - White Store sandy loam,
- IrC - Iredell loam, 6-10% slopes WwC - White Store -Urban land complex, 0-10% slopes
_ MfC - Mayodan sandy loam, 6-10% slopes WwE - White Store -Urban land complex, 10-25% slopes
I MfD
rr- Mayodan sandy loam, 10-15% slopes
WxE -Wilkes sandy loam, 10-25% slopes
MfE - Mayodan sandy loam, 15-25% slopes
Ur
ss'
Op1
y f-
-
✓�, • I , r , • r 1�
s
• � y
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, ,Enon-d" Figure 3. Soils Map
WM� e/Pakw" 0 250 500 1,000
R. N. Harris
Ph -91x463,5 27519 Feet Elementary School
PAo,r: 919./83.5/88
Fax: 919.083.5690
Stream Restoration Project
d?
North Carolina Department of Cultural Resources
State Historic Preservation Office
Peter & Sandbcck, Administrator
Michael F Easley, Govcmor Office of Archives and History
l.isbeth C. Divans, Secretary llivticion of Historical Resources
Jeffmy J. Crow, Deputy secretary David Br(x)k, Ukccror
May 29, 2008
Ken Gilland
Baker Engineering, NY, Inc.
8000 Regency Parkway
Suite 200
Cary, NC 27511
Re: R. N. Harris Elementary School Stream Restoration, Durham County, ER 08-0956
Dear Mr. Gilland:
Thank you for your letter of April 3, 2008, concerning the above project. We apologize for the delay in our
response.
We have conducted a review of the project and are aware of no historic resources which would be affected by
the project. Therefore, we have no comment on the project as proposed.
The above comments are made pursuant to Section 106 of the Rational Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR
Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
please contact Renee Gledhill-Earley, environmental review coordinator, at 919-807-6579. In all future
communication concerning this project, please cite the above-referenced tracking number.
Si ?/rc?ly-, 016
f?
ze 13. ?
Peter Sandbeck
Locy60ce 109 FM Jones SUOM Rako NC 27601 Mailirs Address: 4617 hhd service C:enxr, Raleigh NC 276994617 Telephone/For: (919) 8074P570/807.6599
R.N. Harris Elementary School Stream Project Photo Log
Existing Condition Photos
!42 a,
f Y,
V
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4 - V
Concrete lined channel
jr?j:
7
a 1
00,
OV,
Existing construction entrance and culvert crossing
Lower end of project reach in wooded area Concrete lined channel entering into wooded area
Concrete lined channel
RN Harris elementary school