Loading...
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 C) Co - 0 5 to a. U2' 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. ?'iha?le/fge U73 FO jUN = C 0,9 4 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. T.17 f S' cer ID JUN 3 0 200$ 3k'No`• Fd't'< i-.1jA J 1 Y Aos hite, PG WE NCH 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 A Iz St GC-t ii ' 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 f Awl !•� A. v• �1 .. '. MfE wsc A l - i $� r . M CC OL I ME� , ,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 i ?`l4 r 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