HomeMy WebLinkAbout20091031 Ver 1_401 Application_20090909
September 23, 2009
Mr. Rob Ridings
401 Oversight/Express Permitting Unit
NC Division of Water Quality
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Re: Falls of Neuse Road Realignment and Widening
STIP No. U-4901
USACE Action ID No. 2008-01033
Dear Mr. Ridings:
. 'SS
Sit,
?P
007
091031
On behalf of the City of Raleigh, please find enclosed. five (5) complete sets of the Pre-
Construction Notification (PCN) application form and supporting documentation that was
submitted to the US Army Corps of Engineers on September 23, 2009, for a Department of the
Army Nationwide Permit #14 to disturb Waters of the United States for new roadway
construction and a Section 10 Bridge Permit for the placement of a new bridge over the Neuse
River. URS would appreciate you reviewing this PCN application for the associated 401 General
Water Quality Certification #3704. We have enclosed a check for $570.00, made payable to "NC
Division of Water Quality," for the application review fee. Approval from the US Coast Guard
for the new bridge is pending the 404/401 permit authorizations.
Please call me at (919) 461-1435 if you should have any questions regarding this submittal.
Sincerely,
URS Corporation - North Carolina
Charles E. Benton, PWS
Senior Environmental Scientist
Enclosures
cc: Eric Alsmeyer, USACE
Mr. Sylvester Percival, City of Raleigh
Mr. Vince Rhea, NCDOT
Ms. Sandra Elliott, USCG - Fifth District
Mr. Ed Edens, URS
File copy
URS Corporation - North Carolina
1600 Perimeter Park Drive, Suite 400
Morrisville, NC 27560
Tel: 919.461.1100
Fax: 919.461.1415
www.urscorocom
City of 6Raleigh
5Vorth (3arolina
January 28, 2009
RE: Authorization for URS to act as agent on behalf of Owner
To whom it may concern:
This letter is to confirm that URS Corporation - North Carolina, 1600 Perimeter Park Drive, STE
400, Morrisville, North Carolina is acting as agent on behalf of the City of Raleigh for the Falls of
Neuse Road Realignment and Widening project located in Wake County, North Carolina (PINS:
1729559875, 1729665546, and 1729760343). This authorization is for the delineation of
jurisdictional water resources, and processing of subsequent permit applications, including:
• U.S. Corps of Engineers (USACE) Section 404 Clean Water Act- Nationwide Permit 14;
• USACE Section 10 Rivers and Harbor Act - Bridge Permit;
• N.C. Department of the Environment and Natural Resources - Division of Water Quality
(NCDENR-DWQ) Section 401 Clean Water Act - Water Quality Certification;
• NCDENR-DWQ-Meuse Riparian Buffer Rules - Authorization Certificate; and
• U.S. Coast Guard (USCG) Section 9 Rivers and Harbor Act- Bridge Permit
Any required written correspondence concerning the application process or other aspects of this
project should be jointly copied to URS Corporation - North Carolina and the City of Raleigh at
the address shown below:
Mr. Lynn Raynor, PE
Senior Project Engineer, Public Works Department
City of Raleigh
222 West Hargett Street
Room 400
Raleigh, NC 27602
Please contact me with any questions at (919) 996-3030.
Sincerely;
JJafnes l:ynn aynor, W
02? V OG,
pOrq.W?A?TF9,
y ?
> r
O T
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Pre-Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1a. Type(s) of approval sought from the Corps: ?X Section 404 Permit ?X Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: NWP 14 or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps? ?X Yes ? No
1d. Type(s) of approval sought from the DWQ (check all that apply):
?X 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ?X Riparian Buffer Authorization
1e. Is this notification solely for the record
because written approval is not required? For the record only for DWQ
401 Certification:
? Yes ?X No For the record only for Corps Permit:
? Yes ?X No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in-lieu fee program.
?X Yes ? No
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ? Yes X? No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ?X No
2. Project Information
2a. Name of project: Falls of Neuse Road Realignment and Widening
2b. County: Wake
2c. Nearest municipality / town: Raleigh
2d. Subdivision name: N/A
2e. NCDOT only, T.I.P. or state project no: U-4901
3. Owner Information
3a. Name(s) on Recorded Deed: City of Raleigh
3b. Deed Book and Page No. 12695/2279 and 08340/2294
3c. Responsible Party (for LLC if
applicable): Dean Fox, PE, City of Raleigh, Public Works Department
3d. Street address: 222 West Hargett Street, Room 400
3e. City, state, zip: Raleigh, NC 27602
3f. Telephone no.: (919) 996-3030
3g. Fax no.:
3h. Email address: Dean. Fox@ci.raleigh.nc. us
Page 1 of 10
PCN Form - Version 1.4 January 2009
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent ? Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Sheet address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name: Charles Benton
5b. Business name
(if applicable): URS Corporation - North Carolina
5c. Street address: 1600 Perimeter Park Drive, STE 400
5d. City, state, zip: Morrisville, NC, 27560
5e. Telephone no.: (919) 461-1435
5f. Fax no.: (919) 461-1415
5g. Email address: charles_benton@urscorp.com
Page 2 of 10
B. Project Information and Prior Project History
1. Property Identification
la. Property identification no. (tax PIN or parcel ID): PINS: 1729559875, 1729665546, and 1729760343
1 b. Site coordinates (in decimal degrees): Latitude: 35.9372 Longitude: -78.5725
1c. Property size: 19 acres
2. Surface Waters
2a. Name of nearest body of water to proposed project: Neuse River
2b. Water Quality Classification of nearest receiving water: WS-IV; NSW
2c. River basin: Neuse - HU 03020201
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
Existing conditions at the site are characterized by fallow agricultural fields and disturbed mesic mixed hardwood forest. Land use in the vicinity of the
project consists primarily of residential subdivisions. Falls Lake Dam is located within 1 mile upstream of the project site. See enclosed figures entitled
"Location Map" and "Soil Map."
3b. List the total estimated acreage of all existing wetlands on the property: 0.77
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 6,200
3d. Explain the purpose of the proposed project:
The purpose of the Falls of Neuse Road Realignment and Widening Project is to increase traffic capacity and reduce congestion.
3e. Describe the overall project in detail, including the type of equipment to be used:
The proposed project is for the widening of Falls of Neuse Road to a four-lane, median divided road, including the realignment of Falls of Neuse Road
from Raven Ridge Road to the eastern terminus of New Falls of Nauss road. The project wi 1 also include new dual
bridge structures over the Neuse River. The basic rRoadway design includes a 21.5-foot raised landscaped median
with a 5-foot sidewalk on the west side from Raven ide Road to the end of the rroect. Standard construction.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past? X? Yes ? No ? Unknown
Comments:
4b. If the Corps made the jurisdictional determination, what type
of determination was made? ?x Preliminary ? Final
4c. If yes, who delineated the jurisdictional areas?
Name (if known): Tina Randa= Agency/Consultant Company: URS Corporation
Other:
4d. If yes, list the dales of the Corps jurisdictional determinations or State determinations and attach documentation.
Site Visit conducted by Eric Alsmeyer (USACE) and Rob Ridings (DWQ) in September 2007. See enclosed determination documentation. Also, see
Environmental Assessment "Figure 33: Jurisdictional Streams and Wetlands," enclosed.
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past? ? Yes No ? Unknown
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project? ? Yes ?X No
6b. If yes, explain.
Page 3 of 10
PCN Form - Version 1.4 January 2009
C. Proposed Impacts Inventory
1. Impacts Summary
1a. Which sections were completed below for your project (check all that apply):
? Wetlands X? Streams-tributaries ?X Buffers ? Open Waters ? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
Wetland impact
number
Permanent (P) or
Temporary T 2b.
Type of impact 2c.
Type of wetland 2d.
Forested 2e.
Type of jurisdiction
Corps (404,10) or
DWO (401, other) 2f.
Area of
impact
(acres)
W11 - Choose one Choose one Yes/No
W2 - Choose one Choose one Yes/No
W3 - Choose one Choose one Yes/No -
W4 - Choose one Choose one Yes/No -
W5 - Choose one Choose one Yes/No -
W6 - Choose one Choose one Yes/No
2g. Total Wetland Impacts:
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
Stream impact
number
Permanent (P) or
Temporary (T) 3b.
Type of impact 3c.
Stream name 3d.
Perennial (PER) or
intermittent(INT)? 3e.
Type of
jurisdiction 3f.
Average
stream
width
(feet) 3g.
Impact
length
(linear
feet)
S1 (site i) P Fill UT3 TO NEUSE RIVER PER Corps 3 14
S2 (site 3) T Workpad NEUSE RIVER PER Corps 125 140
S3 (site 3) P Fill UT6 TO NEUSE RIVER INT Corps 2 231
S4 (site 4) P Fill UT4 TO NEUSE RIVER PER Corps 5 229
S5 (Site 4) P Fill UT5 TO NEUSE RIVER INT Corps 1 32
S6
3h. Total stream and tributary impacts 614
3i. Comments:
Stream Impact Number S2 does not extend across the width of the Neuse River. The impact is for a temporary rock causway (workpad) for bridge pier
construction. The temporary impact area would be 8,850 s.f. After construction the Neuse River would be restored to pre-construction conditions. As
such, the total Permanent stream impacts would be 474 Lf.
I
Page 4 of 10
PCN Form - Version 1.4 January 2009
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individual) list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Temporary T 4b.
Name of waterbody
(if applicable) 4c.
Type of impact 4d.
Waterbody
type 4e.
Area of impact (acres)
01 - Choose one Choose
02 - Choose one Choose
03 - Choose one Choose
04 - Choose one Choose
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a.
Pond ID number 5b.
Proposed use or
purpose of pond 5c.
Wetland Impacts (acres) 5d.
Stream Impacts (feet) 5e.
Upland
(acres)
Flooded Filled Excavated Flooded Filled Excavated
P1 Choose one
P2 Choose one
5f. Total:
5g. Comments:
5h. Is a dam high hazard permit required? ? Yes ? No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If an impacts require mitigation, then you MUST fill out Section D of this form.
6a. Project is in which protected basin? ?X Neuse ? Tar-Pamlico ? Catawba ? Randleman ? Other:
6b.
Buffer Impact
number-
Permanent(P)or
Temporary T 6c.
Reason for impact 6d.
Stream name 6e.
Buffer
mitigation
required? 6f.
Zone 1
impact
(square
feet 6g.
Zone 2
impact
(square
feet
B1 (site 2) P ROAD IMPACTS UT2 TO NEUSE RIVER Yes 701 3,023
B2(site 3) P BRIDGE NEUSE RIVER No 8,664 5,895
63(Site 4) P ROAD CROSSING >150L UT4& UT5 TO NEUSE RIVER Yes 14,325 8,579
B4 - Yes/No
B5 - Yes/No
B6 - Yes/No
6h. Total Buffer Impacts: 23,690 17,497
6i. Comments: Buffer Impact Number B1 is for "road impacts other than stream crossings." The impact is for the construction of the road
embankment.
Page 5 of 10
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
An alternatives analysis was performed for the proposed project as part of an Environmental Assessment (EA) that solicited regulatory agency review.
In addition, meetings were held with USAGE, DWQ, USFWS, and WRC to discuss the alternatives analysis. Based on this evaluation the least
environmentally damaging practicable alternative was chosen. During the subsequent preparation of the construction designs, impacts have been
further reduced from those staled in the EA document.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Road embankment slopes reduced to 2:1 where appropriate at potential impact sites. Hand clearing only will be conducted in Buffer Zone 1 at the
bridge location. All temporary construction roads will be located within the proposed road right-of-way.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State? ?X Yes ? No
2b. If yes, mitigation is required by (check all that apply): ?X DWQ ?Q Corps
2c. If yes, which mitigation option will be used for this
project? ?Q Mitigation bank
? Payment to in-lieu fee program
? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank: Forrest Creek Stream Mitigation Bank - Orange County, NC - HUC 03020201
3b. Credits Purchased (attach receipt and letter) Type: Stream
Type: Riparian buffer
Type: Choose one Quantity: 472
Quantity: 62,481
Quantity:
o euse i er - mitigation ratio; UT4 to euse River- mitigation ratio; o mitigation require or UT5 an .
3c. Comments:
See enclosed DWQ On-site Determination Letter, dated 9/18/2007.
4. Complete if Makin a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ? Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: Choose one
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form - Version 1.4 January 2009
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) -required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires ?x Yes ? No
buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
6c. 6d. Be.
Zone Reason for impact Total impact Multiplier Required mitigation
(square feet) (square feet)
Zone 1 Road crossing> 150 L.F. and 15,026 3 (2 for Catawba) 45,078
Road noncrossing impact
Zone 2 Road crossing > 150 L.F. and 11,602 1.5 17,403
Road non-crossing impact
6f. Total buffer mitigation required: 62,461
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
Payment to the Forrest Creek Stream Mitigation Bank, Orange County, NC.
6h. Comments:
Page 7 of 10
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a . Does the project include or is it adjacent to protected riparian buffers identified ? Yes ? No
within one of the NC Riparian Buffer Protection Rules?
tb . If yes, then is a diffuse flow plan included? If no, explain why.
See attached Stormwater Management Plan.
?X Yes ? No
2. Stormwater Management Plan
2a . What is the overall percent imperviousness of this project? %
2b . Does this project require a Stormwater Management Plan? ?x Yes ? No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d . If this project DOES require a Stormwater Management Plan, then provide a brief, na rrative description of the plan:
See attached Stormwater Management Plan.
2e . Who will be responsible for the review of the Stormwater Management Plan? City of Raleigh
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project? City of Raleighlwake County
? Phase II
?x NSW
3b . Which of the following locally-implemented stormwater management programs ? USMP
apply (check all that apply): 0 Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ?X No
attached?
4. DWQ Stormwater Program Review
?Coastalcounties
?HOW
4a. Which of the following state-implemented stormwater management programs apply ?ORW
(check all that apply): ?Session Law 2006-246
?Other.
4b. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No
attached?
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No
5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No
Page 8 of 10
PCN Form - Version 1.4 January 2009
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1a. Does the project involve an expenditure of public (federal/state/local) funds or the 0 Yes ? No
use of public (federal/state) land?
1b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ?X Yes ? No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
0 Yes ? No
letter.) A FONSI was signed by the Federal Highway Administration on June 10, 2010, and
Comments: the document review has been finalized by the State Clearing House.
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ?Yes 0 No
or Riparian Buffer Rules (15A NCAC 2B.0200)?
2b. Is this an after-the-fact permit application? ?Yes O No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ?Yes 0 No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
The project includes widening a portion of an existing roadway within a well developed area that has limited growth potential, and constructing a new
roadway alignment within property owned entirely by the City of Raleigh. Future plans for the City property adjacent to the new roadway include a
greenway trail and may include use of the property as a recreational park facility. No significant development is anticipated.
4. Sewage Disposal (DWQ Requirement)
4a. 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.
N/A
Page 9 of 10
PCN Form - Version 1.4 January 2009
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ? Yes ?X No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act 0 Yes ? No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
On-site habitat surveys, and coordination correspondence letters and meetings with the USFWS, DENR, WRC, and NC Natural Heritage Program.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ?X No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
http://ocean.floridamarine.org/efh_mral/imsivie w.htm
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ? Yes ? No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
Reconnaissance-level inventory, and subsequent consultation with the NC State Historic Preservation Office. It was determined that there are no
historic and architectural resources within the project area. See enclosed SHPO correspondence letters dated September 6, 2007 and July 23, 2008.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ?X Yes ? No
8b. If yes, explain how project meets FEMA requirements:
A Hydraulic Study for this project was performed by URS. The purpose of this study was to evaluate the effects of the proposed project to the
floodplain of the Neuse River. Three hydraulic models were created utilizing HEC-RAS: Duplicate Effective, Corected Effective, and Revised. An
increase of water surface elevation was predicted and floodway limits were revised to reflect the proposed bridge width. A Conditional Letter of Map
Revision (CLOMR) has been prepared and was submitted to FEMA for review in May 2009. Approval of the CLOMR by FEMA is pending.
8c. What source(s) did you use to make the floodplain determination?
Flood Insurance Study (FIS) Number 37183CV001A, Wake County, North Carolina, Effective May 2, 2006; Flood Insurance Rate Map (FIRM) Number
3720172900J, Panel 1729, Effective May 2, 2006; HEC-2 hydraulic model "neusewk" provided by F
MA, dated 02/16/1993; • HEC-RAS version 3.1.3
CNAQr.cs 13?TON; r'W S E
'??
/J
Applicant/Agent's Printed Name U
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization
letter from the applicant is provided.)
Page 10 of 10
T ff ?
September 23, 2009
Mr. Eric Alsmeyer
U.S. Army Corps of Engineers
CESAW-RG-R
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
Re: Falls ofNeuse Road Realignment and Widening
STIP No. U4901
USACE Action ID No. 2008-01033
Dear Mr. Alsmeyer.
In accordance with Section 404 of the Clean Water Act (33 USC 1344) and Section 10 of the
Rivers and Harbors Act (33 USC 403), URS, on behalf of the City of Raleigh, is requesting
authorization for a Department of the Army Nationwide Permit #14 to disturb Waters of the
United States for new roadway construction and a Section 10 Bridge Permit for the placement of
a new bridge over the Neuse River. Please find enclosed the Pre-Construction Notification
(PCN) application form for this project, along with supporting documentation and figures.
Approval from the US Coast Guard for the new bridge is pending the 404/401 permit
authorizations.
Please call me at (919) 461-1435 if you should have any questions regarding this request.
Sincerely,
URS Corporation - North Carolina
Charles E. Benton, PWS
Senior Environmental Scientist
Enclosures
cc: ,Mr. Rob Ridings, NCDWQ-401/Wetlands Unit
Mr. Sylvester Percival, City of Raleigh
Mr. Vince Rhea, NCDOT
Ms. Sandra Elliott, USCG - Fifth District
Mr. Ed Edens, URS
File copy
UPS Corporation - Nort h Carolina
1600 Perimeter Park Drive, Suite 400
Morrisville, NC 27560
Tel: 919.461.1100
Fax; 919.461.1415
v=u.urscorp.aom
_U
7
d
Z
?
T U
STORMWATER MANAGEMENT PLAN
Project: 39949.1.1
TIP No. U-4901 B
Wake County
Hydraulics Project Manager: Dennis Hoyle, P.E. (URS Corporation)
ROADWAY DESCRIPTION
5/27/2009
The project U-4901B consists of the construction of New Falls of Neuse Road
between Waterwood Court and Waterlow Park Lane. The project also consists of the
construction of a bridge over the Neuse River. It begins just west of the intersection of
SR 4454 (Waterwood Court) and Falls of Neuse Road in Wake County and proceeds
0.85+ miles east, to east of Waterlow Park Lane. The project U-4901 B creates impacts to
four unnamed tributaries to the Neuse River and the Neuse River itself. There are also
three buffer zone impacts. Table 1 lists these streams and buffer zones and the proposed
impact type. The project drainage system consists of catch basins or drop inlets with
associated pipe systems and lateral storm water ditches.
Table 1. List of Stream and Buffer Impacts in Project U-4901B
Site # Station Stream Name Impact Type
1 L- 153+73.53 S1 - UT3 to Fill in Stream = 14 LF
Neuse River
2 -L- 159+00.00 B1 Fill in BZI = 701 SF
Fill in BZ2 = 3023 SF
3 -L- 168+00.00 S2 - Neuse River Temp. Rock Causeway = 8850
SF
3 -L- 168+00.00 S3 - UT6 to Fill in Stream = 231 LF
Neuse River
Hand Clearing in BZI = 8664
3 -L- 168+00.00 B2 SF
Mechanized Clearing in BZ2 =
5895 SF
4 -L- 172+80.00 S4 - UT4 to Construction of 8' x 9' RCBC
Neuse River in Stream = 229 LF
4 -L- 172+80.00 S5 - UT5 to Fill in Stream = 32 LF
Neuse River
4 -L- 172+80.00 B3 Fill in BZI = 14325 SF
Fill in BZ2 = 8579 SF
1
ENVIRONMENTAL DESCRIPTION
This project is located within the Neuse River Basin. The streams listed in Table
1 have been classified as jurisdictional streams and therefore the riparian buffer rules
apply. The riparian buffer extends 50' on each side, measured horizontally on a line
perpendicular to the surface water. Zone I extends 30' on each side, measured from the
top of bank or rooted vegetation. Zone 2 extends 20' on each side, measured from the
outer limit of Zone 1. New ditches shall terminate before reaching the buffer zone and
shall disperse into sheet flow. The purpose of the rule is to protect and preserve riparian
buffers in the Neuse River Watershed to maintain their nutrient removal functions.
BEST MANAGEMENT PRACTICES AND MAJOR STRUCTURES
The primary goal of Best Management Practices (BMPs) is to prevent degradation
of the states surface waters by the location, construction and operation of the highway
system. The BMPs are activities, practices and procedures taken to prevent or reduce
stormwater pollution. The BMPs and measures that will be used on this project to reduce
stormwater impacts are preformed scour holes and the submergence of culverts below
stream beds.
PREFORMED SCOUR HOLES
The preformed scour holes have been utilized at various locations in this project to
diffuse velocities from storm systems that outlet into or near the riparian buffer or the
jurisdictional streams.
CULVERT
The 8' x 9' RCBC shown in Table 1 will be buried 1-foot below the stream bed or
natural ground at the crossings to allow low flow passage of water and aquatic life. Class
II rip rap will be placed on the channel banks at the outlet end of the culvert but not in the
bottom of the channel.
BRIDGE
The bridge length was adjusted to minimize the impacts within the buffer zone
along the Neuse River. The final bridge length was set based on the fill slopes extending
up to, but not in, Zone 2 of the buffer area.
2
Falls of Neuse Road Realignment and Widening
Wake County
Federal Aid Project No. STPDA-0520(25)
WBS Element No. 39949.1.1
TIP Project No. U4901
ADMINISTRATIVE ACTION
FINDING OF NO SIGNIFICANT IMPACT
U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL HIGHWAY ADMINISTRATION
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
AND
THE CITY OF RALEIGH
Documentation Prepared By:
URS CORPORATION - NORTH CAROLINA
May 2009
FINAL
o
'?y?TOr RwT?o`
Submitted Pursuant to the National Environmental Policy Act 42 U.S.C. 4332(2(c)
Da of ppr val Gregory J. Thorpe, PhD
Manager
Project Development and Environmental Analysis Branch
North Carolina Department of Transportation
Date of Approval John F. Sullivan, III, PE
ivision Administrator
51)4LO9 r Highway Administration
?-
Date of Approval Dean Fox, PE
Design/Construction Manager
City of Raleigh
Falls of Neuse Road Realignment and Widening
Wake County
Federal Aid Project No. STPDA-0520(25)
WBS Element No. 39949.1.1
TIP Project No. U-4901
ADMINISTRATIVE ACTION
FINAL FINDING OF NO SIGNIFICANT IMPACT
U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL HIGHWAY ADMINISTRATION
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
AND
THE CITY OF RALEIGH
Documentation Prepared By:
URS CORPORATION - NORTH CAROLINA
May 2009
7 ?
Ed Edens, PE
Project Manager and way Project Engineer
,1
aridon Hall, PE
Structural Design Engineer
For the:
CITY OF RALEIGH
and
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
,ylve'sler Percival, El
Project Engineer - Ci of Raleigh
illfl Mt,,,
_SSJ 'P
SEALr
=r, 18470
d9'`,
T
oZENN
o. .. Q
,' ?? OF ESSt?: fyy =;
SEAL -
5953
?q ' ?'tiGI NEED:' j"
4LD
in?,o ,
°o pfill
Vince Rhea,
Project Engineer - North Carolina Department of Transportation
a.,. StATra .
North Carolina Department of Cultural Resources
State Historic Preservation, Office....-,.......
Peter B. Sandbech, Administrator
Michael F. Easley, Gownuor Office of Archives and History
Lisbeth C. Evans, Secretary Division of Historical Resources
Jeffmy J. Croxv, Deputy Scantry David Brook, Direcmr
July 23, 2008
MEMORANDUM
TO: Matt Wilkerson
Office of Human Environment
-NCDOT Division of Highways
FROM: Peter Sandbeck " D L'?r C? «-
SUBJECT Archaeological Survey of the Falls of the Neuse Road Widening and Realignment-project --
U-4901, Wake County, ER 07-1140
Thank you for pour letter of]uly 16 2008, transmitting the survey report by Matthew Jorgenson, Daniel
Cassedy and Marvin Brown of URS Corporation for the above project.
For purposes of compliance with Section 106 of the National Historic Preservation Act, we concur that the
following-properties-are-not-eligible-for-listing itt-the-National-Register-of-Historic-Places-under-criterion-D-
31 WA1644, 31 WA1645 and 31 WA 1646
None of these Native American sires retain sufficient integrity to yield information important to prehistory.
The report meets our office's guidelines and those of the Secretary of the Interior. We concur with the
as---.----
recommendation that-no additional archaeological - investigation-is warranted in connection-with-this-project
currently proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
(lvison Council on Historic Preservation's Regulations for Comphance wiilfSe`ction 106 codified ai 3GCFR-
Part 800.
Thank-you-for-your-cooperation.and.consideration._lf-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.
cc: Daniel Cassedy, URS Corporation
Location, 109 Gut lone Street, Raleigh NC 2'601 Mailing Address: 4617 Alai) Service Center, Raleigh NC 27699.4477 Tclaphone/Fax: (919) 807.6570/897.6599
-----Federal Aid-#- TIP#-U-4901 County: Wake
Project Description: City of Raleigh Project: Widening and Relocation of Falls of Neuse Road in Raleigh Wike
County
On September 4,-2001..... representatives
North Carolina Dcpattment of Transportation (NCDOT)
Federal Highway Administration (FHW A)
North Carolina State Historic Preservation Office (HPO)
Other
Reviewed the subject project at
Scopnrg locoing
Historic architectural resources photograph review sessionioonsultation
Other
There are no properties over fifty years old within the project's area of potential effects.
® There are no properties lean than fifty years old which are considered to meet Criteria Consideration 0 within the
project's area of potential effects. ..
® There are
over fifty years old within the project's Area of Potential Effects (APE), but based on the
n availahleand the nhotogravhs of each. property, the properties identified as A-E are
considered not eligible for the National Register and no
® There arc no National Register-listed or Study Listed properties within the project's area of potential effects.
® All properties greater than So years of age located in the APE have It abnsidared-at diisreonsuitation,-and based
upon the above concurrcttuc, all compliance for historic architecture with Section 106 of the National Historic
Preservation Act and GS 121-12(a) has been completed for this project
There =no historic properties affeoted'by this project-(Attach any notes or documew as.needed)
Sighed:
FIIWA, for the Division Administrator, or other Federal Agency Walc
HPO
Wale
State Historic Preservation Officer U Date
if a survey report is pmpared, a final mpy of this form and the attached list will be ilmluded
TOTAL P.02
SEEINSET
BELOW
SITE
WAKE COUNTY
a:ryf
d i 1 41
r i' 4s;
2 ; r t y' d+l ii If ;I '.h?
Y [?
vj r , m - Z
/
t?
~ <. L??,. tlt., 3f ?$ ,?j./M?4Yr{fe n
1 ys Fr+ xt ? H b ?a'r IY Ci ? •???{??•.- S L
x r°r{. ? y?' ?
'Fy,(
?i
1
? y
.
' ?;kiy r2...
,i.w.+,?'i'?i?i r5; ?'? :7?' F u't '_
A r
. ?
v.u t, r• .,4P by l?T =aK 1 a?. '?? m ?.?
.
'7'rc 1 ?•b?
" 7
! r '? 1
,?
,
,3 r r
i
f 'r? P - xi2i?r 1 ! ti
C r hq: nx l
u,.h1+.i f lYft
? r.
{
Ji V xe. 4
1 /
}Y ? f ? ?Y ?«IY' \ I J.i?? ?
C
? ?
? ?
..!
F l A
?
lZ.a?t
t
t?Y
+ /?;t ? ?c?F
1a
?? w4? .?1 x 1
l
I' 1
J.. IF 1:. I I
VICINITY MAP
NTS
STREAM/BUFFER
IMPACTS
City of Raleigh
PUBLIC WORKS DIVISION
WAKE COUNTY
PROJECT: 39919.1.1
<NCDOT TIP U-190181
NEW FALLS OF NEUSB RD
BETWEEN WATERWOOD CT
AND WATERLOW PARK LN
OF I3 S/4/09
\u4901 b_rdy_permit vicinity_sh183.dgn 6/8/2009 9:05:59 AM
a
0
9
L
q F
?
?
m 4
? 14 Z _ a v
°c 3 ,?? ? w A b4
10 4)
G v F===,
n F
? ??
' za a
w
0 F
d ?- c? V ? B a ?
u ? \ P-+.. g a w B o
w
m N
?a
z
w
O ?
, --- "- a RF1 z
N ? CO C
+
d
- W
J ( 1
W
N ;`
r I N
` \ W
!i r
V)
-SU ?\
V)
W U
?
b
W
LL
° a
W
a ?
ij Z v>
\ 3
w
\, \y 1
_
r m
y
1 O
d
V
T Q
N
1
J
S I
O
PROPERTY OWNERS
PARCEL NO. NAMES
106 CITY OF RALEIGH
107 CITY OF RALEIGH
108 CITY OF RALEIGH
109 CITY OF RALEIGH
110 CITY OF RALEIGH
111 LENNAR CAROLINA INC
112 VILLAGE OF WAKEFIELD PLANTATION
FORREST CREEK REPARIAN BUFFER MITIGATION BANK
TRANSFER OF CREDIT CERTIFICATE
Falls of Neuse Road Realignment and Widening.= p4/&-14- O`I1031
This agreement and acknowledgment of Transfer of Mitigation and Implementation Plan
obligations to Forrest Creek Riparian Buffer Mitigation Bank executed by and between W. CITY
OF RALEIGH ("Purchaser') and EarthMark Mid-Atlantic Mitigation, LLC (DBA Forest
Creek Mitigation Bank) a Florida limited liability company ("Banker") for (Name of Project)
Falls of Neuse Road Realignment and Widening shall read as follows:
WITNESSETH
In consideration of the covenants and considerations recited herein, the parties agree as follows:
1. By execution of this Agreement, Parties agrees to the assumption of Required Riparian Buffer
Restoration Credits in Neuse River Basin, Cataloging Unit 03020201. As a Permit Condition,
The project will impact protected riparian buffers indentified in 15A, NCAC 2B .0233 (Neuse),
15A NCAC 2B .0259 (Tar-Pamlico, 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250
Neuse Buffer Rules. Banker acknowledges and agrees that upon the execution of the Certificate
by Banker, and delivery to DWQ of a copy of this executed Certificate, that all obligations with
respect to this Riparian Buffer Mitigation obligation, shall be the sole obligation of Banker as
authorized Pursuant to the "Forrest Creek Riparian Buffer Mitigation Bank", "Mitigation Banking
Agreement", dated April 2008. Banker shall assume a total 62,481 Buffer Credits for this
transferred obligation and be deducted from Bank Credit Ledger.
2. Banker acknowledges that purchaser has made full payment to the Forrest Creek Riparian
Buffer Mitigation Bank, and the mitigation obligations so transferred and agrees to perform the
mitigation as described below.
3. The mitigation transferred is described in Forrest Creek Riparian Buffer Mitigation Bank
Agreement, DWQ #08-0229, identified under USE OF MITIGATION CREDITS and the
subsequent permit issued April, 2008 and consists of the requirement to provide mitigation for
impacts to jurisdictional waters. This mitigation transfer comprises the purchase of a total 62,481
credits of buffer mitigation from Banker. As condition of DWQ Permit Action (NCDOT TIP NO
U-4901), Banker agrees to assume all liability and responsibility concerning the above
mitigation.
4. Pursuant of Mitigation Banking Agreement, Forrest Creek Riparian Buffer Mitigation Bank"
dated April, 2008 DWQ agrees that upon receipt of an executed copy of this Certificate
transferring obligations to Banker that DWQ shall look solely to Banker for performance under
Permit for purposes of compliance with these Riparian Buffer mitigation requirements, and shall
hold Purchaser, its successors and assigns, harmless with respect to compliance with the
transferred Riparian Buffer mitigation requirements as stated in the Permit and in the event.of
default pursuant to these Riparian Buffer mitigation requirements of the Permit, DWQ shall have
no recourse against Purchaser.
5. Upon execution of this Certificate by Banker, Banker shall forward an original of same to
DWQ acknowledging and agreeing to the transfer of the cited mitigation obligations from
Purchaser to Banker and Banker does, by execution of this Certificate, agree to comply with and
perform Purchaser's obligations for providing mitigation as set forth in DWQ Permit Condition,
as offset by their purchase of a total of 62,481 credits.
6. The Banker certifies that mitigation credits are immediately available to Transfer and that all
conditions relating to providing the transferred mitigation of Permit Action Condition are
satisfied.
7. Banker hereby acknowledges the debit of a total of 62,481 credits from Mitigation Bank
Ledger.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on the
dates written below their signatures. Signed, sealed and delivered:
BANKER-FORREST CREEK RIPARIAN BUFFER MITIGATION BANK
LLC, a North Carolina limited liability company
Witness:
Print Name:
Date:
Cyndi B. Karoly
Program Manager
401 Oversight and Express Review Program
By;
Print Name: Matt R. Fisher
Regional Vice President
EarthMark Mitigation Services, LLC
Date: 9 - Z /- 09
Lauren Witherspoon - Raleigh Regional Office
Central Files
PWatr 0 50 Z,?- 17 /11;? yw?id.• &"7(
FORREST CREEK STREAM MITIGATION BANK
TRANSFER OF CREDIT CERTIFICATE
Falls of Neuse Road Realignment and Widening ;= Dt4/0,,4+ 0 91031
This document certifies and acknowledgment of Transfer of Stream Mitigation obligations,
executed by and between CITY OF RALEIGH, ("Purchaser") and EarthMark Mid-Atlantic
Mitigation, LLC a North Carolina limited liability company ("Banker") shall read as follows:
WITNESSETH
In consideration of the covenants and considerations recited herein, the parties agree as follows:
1. By signature of this Certificate, Banker agrees to the withdrawal of 472 stream credits from
Bank located in the Orange County, Neuse River Basin, and Cataloging Unit 03020201. The
identified number of referenced credits in this document represents the mitigation requirement for
the unavoidable stream impacts separately authorized by Section 404 and Section 401 of the
Clean Water Act which outlines the need to off-set approved impacts as set forth in the Unites
States Army Corp of Engineers (USACE) Permit 2008-01033, and the Department of Natural
Resources, Department of Water Quality (DWQ) permit U-4901. As a Permit Condition for
approval the USACE and/or DWQ acknowledges and agrees that use of credits from the bank
have been accepted and upon the presentation of this signed Transfer Certificate by Banker to
Purchaser, and the delivery to USACE/DWQ a copy of this Certificate of Transfer along with an
Official Credit Ledger, that all obligations with respect to the mitigation requirements, shall be
the sole responsibility of thee Banker as authorized by the Interagency Review Team (IRT)
pursuant to the Forrest Creek "Mitigation Banking Instrument" (MBI) dated January 2007.
2. Banker acknowledges that purchaser has made full payment to the Forrest Creek Mitigation
Bank, and the mitigation obligations so transferred and the Bank Sponsors agrees to fulfill the
mitigation associates with the credit transfer.
3. Section 332.2(1) (3) of the Compensatory Mitigation For Losses of Aquatic Resources states:
"If use of a mitigation bank or in-lieu fee program is approved by the district engineer to
provide part or all of the required mitigation for a DA permit, the Permittee retains the
responsibility for providing the compensatory mitigation until the appropriate number and
resource and type of credit has been secured from the sponsor and the District Engineer has
received documentation that confirms that the sponsor has accepted the responsibility for
providing the required compensatory mitigation. This documents must consist of a letter of
form signed by the sponsor with the permit number and an statement indicating the number
and resource type of credits hat been secured form the sponsor. "
4. Pursuant to the "MBI" The Bank Sponsor must provide within 14 days of this document to
submit an annual ledger documenting credit releases and debits to the USACOE and the DWQ
for maintaining accurate records of credit transactions made from the bank for compensatory
mitigation .
5. Upon execution of this Certificate by Banker, Banker shall forward an original of same to
USACE acknowledging and agreeing to the transfer of the cited mitigation obligations from
Purchaser to Banker and Banker does, by execution of this document, agree to comply with and
perform Purchaser's obligations for providing mitigation as set forth in USACE Permit Action ID
.2008-01033, Permit Condition, as offset by their purchase of 472 credits.
6. Banker hereby acknowledges the debit of 472 Credits from Official Banker Mitigation Bank
Credit Ledger.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on the
dates written below their signatures. Signed, sealed and delivered:
BANKER-FORREST CREEK MITIGATION BANK
EARTHMARK MID ATLANTIC MITIGATION, LLC , a Florida limited liability
company
Print Name:
Date:
By:
Print Name: Date: 5-zl -Oct
_