Loading...
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 _