HomeMy WebLinkAbout20041859 Ver 1_COMPLETE FILE_200411194W
o? WATE
RQ Michael F. Easley, Governor
G William G. Ross Jr., Secretary,
North Carolina Department of Environment and Natural Resources
p? Alan W. Klimek, P.E. Director
{ Division of Water Quality
} November 19, 2004
DWQ Project # 04-1859
Wake County.
j Page' 1 of 3
Town of Knightdale
: Reed Alexander
9, 0: Steeple Square Courd
I ightdale, NC 27545
S bject,Property: Mango Creek Aerial Sewer Crossing Emergency Repair
Mango Creek [03-0412, 27-32, C NSW]
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River
B ffer Protection Rules i(15A NCAC 2B.02ii3) with Additional Conditions
j D' ar Mr. Alexander:
I
41 Y (u have our approval, in accordance with the attached conditi ns and those listed below, to place fill
wi hin or otherwise impact 25 feet of streams and 250 square fe t (ft) of protected riparian buffers for the
p ose of repairing a footing of an existing aerial sewer line and\stabilizing the stream bank at the
su ject property, as described within your application dated November 18, 2004 and received by theN.C.
D' sion of Water Quality (DWQ) on November 19, 2004. After reviewing your application, we have
I decided that the impacts qe covered by General Water Quality Certification Number(s) 3399 (GC3399).
T Certhcation(s) allows you to use Nationwide Permit(s) 13 when issued by the US Army Corps of
E ineers (USAGE).. This letter shall also act as your approved Authori
zation Certificate for impacts to
the protected riparian buffers per 15A NCAC 2B .0233. In addition, you should obtain or otherwise
comply with any other required federal, state or local permits before you go ahead with your project
including (but not limited to) Erosion and Sediment Control, and Non-discharge regulations. Also, this
ap roval to proceed with your proposed impacts or to conduct impacts to waters as depicted in
yo r application shall expire upon expiration of the 404 Permit.
( iTb.s approval is for the purpose and design thax you described in your application. If you change your
I :pr `ect, you must notify u and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
1 complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
we land or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
N ,,AC 2H.0506 (h). This approval requires you to follow the conditions listed in the attached
ce ification and any additional conditions listed below.
Th Additional Conditions of the Certification are:
1. I' Impacts Approved - Tine following impacts are hereby approved as long as all of the other specific
and general conditions) of this Certification ?(or Isolated Wetland Permit) are met. No other impacts
t are approved including incidental impacts:
Amount Approved Plan Location or Reference
nits
Nop`thCaroina
40 7sigress Review Unit• i 6 J00mv ail Service Center, Raleigh, North Carolina 27¢991650 .
23 1 C abtree Bo, levard, Suite 250, Raleigh, North aarolina 27604
Phi,ne: 919-733 786/ FAX 9i9-733,6893/ Internet:; http://h2o.enr.state,nc?up4ncwetiands
Ani Equal Opportunity/Affirmative Action Emplover 50% Reeveled110% Post nnnsumar Panar -
Town ofKnightdale
N%,,
Page 2 of 3
November 19, 2004
2. Temporary Sand Bags - The temporary sandbags installed o divert the stream around the footing
shall be removed and the original stream flow shall be rest¢ ed immediately following construction.
3. Erosion & Sediment Control Practices - Erosion and sediri nt control practices must be in full
compliance with all specifications governing the proper,,, de5'gn, installation and operation and
maintenance of such Best Management Practices in order t protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the ost recent version of the North Carolina
Sediment and Erosion Control Planning and Desi n Manual.
b. The design, installation, operation, and maintean e of the sediment and erosion control
measures must be such that they equal, or exceed,' he requirements specified in the most
recent version of the North Carolina Sediment Iiii an Erosion, Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits il associated with the project.
4'. No Waste, Spoil, Solids, or Fill of Any Kind- No was , spoil, solids, or fill of any kind shall occur`
in wetlands, waters, or riparian areas beyond the footp int of the impacts depicted in the Pre-
Construction Notification. All construction activities, eluding the design, installation, operation,
and maintenance of sediment and erosion control Best nagement Practices, shall be performed
so that no violations of state water quality standards, si tines, or rules occur.
5. No Sediment & Erosion Control Measures w/n Wetlands or Waters - Sediment and erosion
control measures shall not be placed in wetlands or waters to the maximum extent practicable. If
placement of sediment and erosion control devices 'in wetlands and waters is unavoidable, they
shall be removed and the natural grade restored within six months of the date that the Division of
Land Resources has released the project.
6. Certificate of Completion - Upon completion of all wi k approved within the 401 Water Quality
Certification or applicable Buffer Rules, and, any subsequent modifications, the applicant is
required to return the attached certificate of completiq to the 401/Wetlands Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650:
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed th your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification,` shall expire upon
expiration' of the 404 or CAMA Permit.
or
o ?
If you do not accept any of the conditions of this Certificate n (associated with the approved wetland o
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask fora hearing, send a written p? 'tion, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved
buffer impacts) shall be referred in writing to the Director for decision. The Director's decision is
subject to review as provided in Articles 3 and 4 of G.S. 15013.
Stream 25 feet
Insta
lling Gabion Baskets GC 3399
Buffers 250 s uare ft.
401 ISSUED
Office Use Only: Form Version May 2002
SAC14 Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
ilk
I rocessng
Ch k all of the approval(s) requested for this p ect:
Section 404 Permit Riparian or Watershed Buffer Rules
ection 10 Permit ? Isolated Wetland Permit from DWQ
401 Water Quality Certification
Nationwide, Regional or General Permit Number(s) Requested: -NM- 1JWP (3
If this notification is solely a courtesy ?opy because written approval for the 401 Certification
is not required, check here: ?
. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
If, your project is located in any of N?rth Carolinas twenty coastal counties (listed on page
4) and the project is within a Nort Carolina Division' of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
j
. Owner/Applicant Information
Name: Town of Kn ghtdale Pct s
Mailing Address: 950 Stee le uare Court
KnightdalC 27545
Telephone Number: 919-217-2290 Fax Number: 919-217-2299
E-mail Address:
12. 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: Billy Lee _
Company Affiliation: Withers & R4avenel
Mailing Address: 111 MacKenan Dr.
CM, NC 21,511
Telephone Number: 919-469-3340 Fax Number: 919- a3? -a04G
E-mail Address: lee(i?withersravenel.com
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III. P oject Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads, Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
i pervious surfaces, or other facilities must be included. If possible, the maps and plans should
i clude the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
r' duced to a small scale such that the final version is illegible, the applicant will be informed that
t e project has been placed on hold until decipherable maps are provided.
1. Name of project: Mango Creek Aerial Sewer Crossing _Emergency repairs.
Z. T.I.P. Project Number or State Project Number (NCDOT Only): NA
3:. Property Identification Number (Tax PIN):
Location
County: Wake Nearest Town: Knightdale
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers, landmarks, etc.): Poole Road to Hodge Road Lt on
Hodge. Go over US 64 By Pass overpass (under construction). Immediate left onto bypass.
Go to Neuse River bridge. Site is on the left
Site coordinates, if available (UTM or Lat/Long):35°46'23"N 78132'2"W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
i
Property size (acre): NA
Nearest body of water (stream/river/sound/ocean/lake): _ Mango Creek AKA Mingo Creek
River Basin: Neuse
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map islavailable at http:LWo.enr.state.nc.us/admin/maps/.)
Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Vacgilt- Aerial Sewer crossing
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1 1). Describe the overall project in detail, in(
of aerial sewer crossing pier foundation
under pier foundatio1j, placing 24 LFT o
to pier. Rip rap stream banks where 4:
IV.
?I.
`11" 0 v'
q
the type of equipmen i be used: Repair
11. Explain the purpose of the proposed work: To prevent failure of the aerial sewer crossing
Pier foundation.
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
t e USACE Action ID Number, DWQ Project Number, application date, and date permits and
c rtifications were issued or withdrawn. Provide photocopies of previously issued permits,
c rtifications or other useful information. Describe previously approved wetland, stream and
b ffer 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.
The sewer was constructed in 1986 under an EPA grant.
uture 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.
NA
roposed Impacts to Waters of the United States/Waters of the State
I
1, is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
etlands, open water, and stream channels associated with the project. The applicant must also
rovide justification for these impacts in Section VII below. All proposed impacts, permanent
nd temporary, must be listed herein, and must be clearly identifiable on an accompanying site
Ian. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
elineation map, whether or not impacts are proposed to these systems. Wetland and stream
valuation and delineation forms should] be included as appropriate. Photographs may be
eluded at the applicant's discretion. If this proposed impact is strictly for wetland or stream
itigation, list and describe the impact in Section VIII below. If additional space is needed for
fisting or description, please attach a separate sheet.
Page 7 of 12
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1. Provide a written description of the proposed impacts: Restabilize the stream bank
Wetland Impact
Site Number
indicateon ma
Type of Impact* Area of
Impact
acres Located within
100-year Floodplain**
es/no Distance to
Nearest Stream
linear feet
Type of Wetland***
NA
* List each impact separately and identity temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, till,
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excav tion, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Y ar floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
j (FIRM), or FEMA-approved local fl'oodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online; at http://www.fema.gov.
*** List a! wetland type that best desciibes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Caroli a Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
i
List the total acreage (estimated) of all existing wetland on the property:
Total area of wetland impact proposed:!
Individually list all intermittent and perennial stream impacts below:
Strea
Site N
indicat Impact
umber
on map)
Type of Impact*
i Length of
Impact
linear feet)
Stream Name**
i Average Width
of Stream
Before Impact Perennial or
Intermittent?
leasespecify)
?1?n??k.,.?„,,a a ohs Ma Cre-A d2o {?- ,?,.
* List e
dams
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ach impact separately and id.Intity temporary impacts. j Impacts include, but are not limited to: culverts and associated np-rap,
(separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
zation activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
sed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
n names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
stream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
u s. *ov. Several internet sites also allow direct: download and printing of USGS maps (e.g., www.Wozone.com,
manouest.com, etc.).
Cumulative impac?s (linear distance in? feet) to all streams on site: R5-
Page 8 of 12
G. liiuiviuuaiiy iibt wvLiaiiu iiiiYa.,w uviuw.;
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4, Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Wa
Site N
indicat ter Impact
umber
on ma
Type of Impact* Area of
Impact
acres
Name of Waterbody (if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
floodi g, drainage, bulkheads, etc.
5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections.; Also, the proposed pond should
be described here and illustrated on any, maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g, livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond:- Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
pecifically describe measures taken to avoid the proposed impacts. It may be useful to provide
formation related to site constraints such as topography, building ordinances, accessibility, and
nancial viability of the project. The appl cant may attach drawings of alternative, lower-impact
ite layouts, and explain why these design; options were not feasible. Also discuss how impacts
ere minimized once the desired site plan was developed. If applicable, discuss construction
echniques to be followed during construction to reduce impacts.
err Sewer
i sew S
VIII. Mitigation
WQ - In accordance with 15A NCAG 2H .0500, mitigation may be required by the NC
ivision of Water Quality for projects involving greater than or equal to one acre of impacts to
reshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
treams.
Page 9 of 12
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SA CE - In accordance with the Final Notice of Issuance and Modification of Nationwide
P rmits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects Ito the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
a uatic resource functions and values by creating, restoring, enhancing, or preserving similar
ffinctions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
i complete. An applicant may also choose!to review the current guidelines for stream restoration
ii DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed! restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if T; ore space is needed.
Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
(9,19) 733-5208 to idetermine availabil#ty and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/ind_ex.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet): NA
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Nop-riparian wetland n i igation requested (acres):
Amount of Coastal wetland mitiga ion requested (acres):
Pa$e 10 of 12
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IX.
X.
Environmental Documentation (required, by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
( deral/state) land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ? No
I yes, has the document review been fmalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No
Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
i
I is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
r, quired state and local buffers associated with the project. The applicant must also provide
stification for these impacts in Section VII above. All proposed impacts must be listed herein,
aid must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
Tap, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
egional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
ill the project impact protected riparian buffers identified within 15A NCAC 2B .0233
euse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
ater, Supply Buffer Requirements), or other (please identify V
Yes El No ? If yob answered "yes", provide the following information:
dentify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
itigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet) i Multiplier Required
Miti ation
1 3 ..
2 1.5
Total p`tSZ3
Gone t extends out 3U teet perpendicular Irom near bank or cnannel Gone L extends an
additional 20 feet from the edge of Zone 1.
-'
• ` UsC c54 aver cr see..-
y s
sb
Page 11 of 12
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If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration /Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 213 .0242 or .0260.
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XI. S ormwater (required by DWQ)
Describe impervious acreage (both 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.
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X1I. Slewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
j X11L iolations (required by DWQ)
s j
I this site in violation of 1QW Q Wetland Mules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
I? this an after-the-fact pe i application?!
Yes ? No
IV ther Circumstances j (Optional):
t is the applicant's responsibility to submit the application sufficiently in advance of desired
onstruction dates to allow processing time for these permits. However,' an applicant may
hoose to list constraints associated with construction or sequencing that may impose limits on
ork schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
hreatened Species, accessibility problems, or other issues outside of the applicant's control).
VV 11-18-04
Applicant/Agent's Signature Date
Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
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Name ,RALEIGH AST Location: 035° 46' 18.72" N 078° 31'44.38" W
Date:
Scale: 11/18/2004,
11 i ch equ Caption: Mango Creek
Is 2000 feet Aerial Sewer Crossing
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