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HomeMy WebLinkAbout20001015 Ver 1_COMPLETE FILE_20000728State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director r4i • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES August 7, 2000 Wake County DWQ Project #001015 APPROVAL of 401 Water Quality Certification with Conditions and Neuse Buffer Rules Bobby L. Murray PO Box 40659 Raleigh, NC 27629 Dear Mr. Murray: You have our approval, in accordance with the attached conditions, to impact 139 linear feet of stream channel and the associated riparian buffers in Wake County for the purpose of road crossing construction as you described in your application received by the Division of Water Quality on July 28, 2000. After reviewing your application, we have determined that this action is covered by General Water Quality Certification Number 3289. This Certification allows you to use Nationwide Permit Number 14 when issued by the U.S. Army Corps of Engineers. This approval is also valid for the Neuse River Buffer Rules (15A NCAC 2B .0233). In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application except as modified below. If you change your project, you must notify us 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 complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). This approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General Certification. For this approval to be valid, you must follow the conditions listed below and in the attached certification. 1. Stormwater shall be directed to flow at non-erosive velocities across the entire protected stream buffers. 2. A final, written stormwater management plan for stormwater runoff from this project shall be approved by this office before the impacts specified in this Certification occur. The stormwater management plan must include plans and specifications for stormwater management facilities designed to remove 85% TSS according to the most recent version of the NC DENR Stormwater Best Management Practices Manual. Also, before any permanent building is occupied at the subject site, the stormwater facilities, as approved by this Office, shall be constructed and operational, and the stormwater management plan, as approved by this Office, shall be implemented. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 276 1 1-7447. This certification and its conditions are final and binding unless you ask for a hearing. y This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-9646. Sin r Steve s Attachment cc: Corps of Engineers Raleigh Field Office Raleigh DWQ Regional Office Soil and Environmental Consultants Inc, i 1010 Raven Ridge Road, Raleigh, NC 2761: File Copy Central Files 001015 Division of Water Quality • Non-Discharge Branch 1621 Mail Service Center, Raleigh, NC 27699-1621 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Aff irmative Action Employer • 50% recycled/10% post consumer paper hftp://h2o.enr.state.nc.us/wetlandc.html M July 27, 2000 S&EC, Inc. Project #: 97-3043 NCDENR - DWQ US Army Corps of Engineers Attn: Mr. John Dorney Attn: Mr. Todd Tugwell 4401 Reedy Creek Road 6508 Falls of the Neuse Road, Suite 120 Raleigh, North Carolina 27607 Raleigh, North Carolina 27615 RE: 401 Water Quality Certification Request/ Nationwide Permit Courtesy Notification Ebenezer Church Road/US 70 Connector Road Owner: Bobby L. Murray Raleigh, Wake County, North Carolina PAYMENT UTM Coordinates: Zone 17, 703540E, 3973840N RECEIVED Dear Mr. Dorney and Mr. Tugwell: On behalf of the City of Raleigh, we hereby notify the US Army Corps of Engineers (USACE) and request written concurrence from the North Carolina Division of Water Quality (NC - DWQ) of our client's intent to utilize Nationwide Permit 14 and its associated 401 Water Quality Certification for the subject project to cover permanent impacts to an unnamed tributary of Pots Branch. A Pre-construction Notification Application (PCN) is attached, which includes an agent authorization form completed by the property owner, Bobby L. Murray. The connector road begins at Ebenezer Church Road, runs generally west, and ends at US 70 approximately 1600 feet northwest of its intersection with Ebenezer Church Road in Raleigh, North Carolina. Please refer to Figure 1- Location Map for the location of the connector road on a USGS topographic quadrangle. Impacts to waters of the US resulting from the project consist of one stream crossing; impacts to jurisdictional wetlands have been avoided. A copy of the preliminary wetland delineation map and the associated data forms are attached. Approximately 139 linear feet of intermittent stream channel, which has an average width of 4 feet, will be placed in a culvert to construct the connector road. The total impact to the stream channel will be 556 square feet (0.013 acre). Figure 2 - Site Plan/Impact Map depicts the connector road alignment. It is important to note that the project is not located within a 100-year floodplain. Wetland Delineation/Permitting/Mitigation Soil/Site Evaluations On-Site Septic Systems Environmental Assessments/Audits Neuse Basin and Watershed Buffer Evaluations Groundwater Hydrology Endangered Species 00101 5 Environmental Consultants, Inc. Road • Raleigh, North Carolina 27614`, • (Pho*'e: (919) 846-5900 • Fax: (919) 846-9467 Charlotte Office: (704) 516-3922 • Hickory Office: (828) 312-7902 July 27, 2000 S&EC, Inc. Project #: 97-3043 Page 2 of 2 The USACE's current policy requires mitigation for impacts that exceed the requirements for notification. Because impacts resulting from the project do not exceed 1/10 of an acre or involve a discharge into a special aquatic site, notification to the USACE is not required. NC - DWQ's current policy does not require mitigation for road crossing impacts to intermittent stream channels. Therefore, S&EC believes that mitigation should not be required. The stream channel that will be crossed by the connector road is subject to the Neuse River Basin (NRB) riparian buffer rules. The project will impact approximately 0.33 acre of riparian buffer. It is important to note that the tributary located upstream of the crossing is not subject to the NRB riparian buffer rules. Written confirmation from Mr. Danny Smith of NC - DWQ regarding the subjectivity of features present on the site is attached. The attached "no practical alternatives" letter provided by Spaulding & Norris explains the constraints that prevented crossing the stream at a more perpendicular angle. Current NC - DWQ policy allows road crossings without mitigation if the impacts are less than or equal to 150 linear feet of stream channel or 1/3 of an acre of riparian buffer. Because the project impacts are within these thresholds, S&EC believes that riparian buffer mitigation should not be required. Information required for the triage process is attached for your convenience. Please do not hesitate to call if you have any questions or require additional information. Sincerely, l Jennife A. Burdette Environmental Scientist ?n CJ, L/:•ic Kevin C. Martin President Attachments: Triage Process Information Pre-construction Notification Form Figure 1 - Location Map Figure 2 - Site Plan/Impact Map Agent Authorization Form Wetland Sketch Map & Data Forms (2) NC - DWQ Buffer Subjectivity Letter (12/29/98) No Practical Alternatives Letter (12/l/99) $ 200.00 Check for 401 WQC Processing Fee (NCDENR - DWQ's copy only) c: Mr. Tom Spaulding, Spaulding & Norris TRIAGE PROCESS INFORMATION Ebenezer Church Road/US 70 Connector Road Raleigh, Wake County, North Carolina S&EC Project No. 97-3043 Project Type: Road crossing Permit Type: Nationwide Permit 14 & its associated water quality certification Stream Name: Unnamed Tributary to Pots Branch River Basin #: 03020201 Stream Index #: 27-33-9-1 Stream Class: B NSW Wetland Impact: NA Water Impact: 139 linear feet DWQ ID: 0 0 1 0 1 Corps Action ID: Nationwide Permit Requested (Provide Nationwide Permit #): 14 Pre-Construction Notification Application For Nationwide Permits that Require: 1) Notification to the Corps of Engineers 2) Application for Section 401 Certification 3) Coordination with the NC Division of Coastal Management Send the original and (1) copy of this completed form to the appropriate field office of the Corps of Engineers (see agency addresses sheet). Seven (7) copies should be sent to the NC Division of Environmental Management (see agency addresses sheet). PLEASE PRINT. 1. Owner's Name: Bobby L. Murray 2. Mailing Address: P O Box 40659 Subdivision Name: City: Raleigh State: NC Zip Code: 27629 Project location address, including subdivision name (if different from mailing address above): The project consists of a proposed connector road from Ebenezer Church Road to US 70 in Raleigh, NC. It will be constructed by the City of Raleigh, 222 W. Hargett Street, Raleigh, NC 27602. Jimmie Beckom, Director of Transportation, is the City of Raleigh representative managing the proposed project (Telephone No.: 919/890-3786). 3. Telephone Number (Home): NA (Work): (919) 834-6441 4. If applicable, agent's name or responsible corporate official, address, phone number: Soil & Environmental Consultants, Inc. Phone: (919) 846-5900 11010 Raven Ridge Road Fax: (919) 846-9467 Raleigh, NC 27614 * See Agent Authorization Form attached 5. Location of work (provide a map, preferable a copy of USGS topographic map or aerial photograph with scale): County: Wake Nearest town or city: Raleigh Specific Location (include road numbers, landmarks, etc.): The proposed connector road begins at Ebenezer Church Road approximately 950 feet north of its intersection with US 70 and ends at US 70 approximately 1600 feet northwest of its intersection with Ebenezer Church Road (See Figure 1- Location Map). 6. Impacted or nearest stream/river: Unnamed tributary to Pots Branch River Basin: Neuse 7a. Is project located near water classified as trout, tidal saltwater (SA), high quality waters (HQW), outstanding resource waters (ORW), water supply (WS-I or WS- II)? YES ? NO ® If yes, explain: 7b. Is the project is located within a North Carolina division of coastal management area of environmental concern (AEC)? YES ? NO 7c. If the project is located within a coastal county (see page 7 for list of coastal counties), what is the land use plan (LUP) designation? 8a. Have any Section 404 permits been previously requested for use on this property? YES ? NO ® If yes, provide Action ID number of pervious permit and any additional information (including photocopy of 401 certification). 8b. Are additional permit requests expected for this property in the future? YES ? NO ® If yes, describe anticipated work: 9a. Estimated total number of acres in tract of land: The project consists of a public road right-of-way approximately 1360 feet in length and 130 feet wide. It crosses three tracts of land totaling approximately 24 acres in size. 9b. Estimated total number or acres of wetlands located on project site: No wetlands are located within the impact area of the proposed connector road. 10a. Number of acres of wetlands* impacted by the proposed project by: Filling: 0.013 Flooding: Other: Excavation: Drainage: Total acres to be impacted: 0.013 * Includes impacts to all waters of the US (stream channels & wetlands) 10b. (1) Stream channel to be impacted by the proposed project (if relocated, provide distance both before and after relocation): Length before: 139 ft. After: NA Width Before (based on normal high water contours): 4 ft. Width After: 4 ft. Average depth before: NA After: NA (2) Stream channel impacts will result from: (check all that apply) Open channel relocation: ? Placement of pipe in channel: Channel Excavation: ? Construction of a Dam/ Flooding: ? Other: 11. If construction of a pond is proposed, what is the size of the watershed draining to the pond? NA What is the expected pond surface area? NA 12. Description of proposed work including discussion of type of mechanical equipment to be used (attach plans S 1/2" x 11" drawings only): The project consists of construction of a public connector road using conventional methods and equipment. 13. Purpose of proposed work: See attached "no practical alternatives" letter provided by Spaulding & Norris explaining the purpose of the City of Raleigh's US 70 Connector Road program. 14. State reasons why it is believed that this activity must be carried out in wetlands (include any measures taken to minimize wetland impacts): A preliminary wetland delineation was conducted prior to road design and the alignment was adjusted to avoid impacts to wetlands and to minimize impacts to stream channels. The wetland sketch map is attached and shows the former road alignment. 15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service (NMFS) (see agency addresses sheet) regarding the presence of any federally listed or proposed for listing endangered or threatened species or critical habitat in the permit area that may be affected by the proposed project. Date contacted: (attach responses from these agencies). Performed by USACE 16. You are required to contact the state historic preservation officer (SHPO) (see agency address sheet) regarding the presence of historic properties in the permit area which may be affected by the proposed project. Date contacted: Performed by USACE 17. Does the project involve an expenditure of public funds or the use of public (state) land? YES ® NO ? If no, go to 18. a. If yes, does the project require preparation of an environmental document pursuant to the requirements of the North Carolina Environmental Policy Act? YES ? NO b. If yes, has the document been reviewed through the North Carolina Department of Administration State Clearinghouse? YES ? NO ? If answers to 17b is YES, then submit appropriate documentation from the state clearinghouse to division of environmental management regarding compliance with the North Carolina Environmental Policy Act. Questions regarding the State Clearinghouse review process should be directed to Ms. Chrys Baggett, Director State Clearinghouse, North Carolina Department of Administration, 116 West Jones Street, Raleigh, North Carolina 27603-8003, telephone (919) 733-6369. 18. The following items should be included with this application if proposed activity involves the discharge of excavated or fill material into wetlands: a. Wetland delineation map showing all wetlands, streams, lakes and ponds on the property (for Nationwide Permit numbers 14, 18, 21, 26, 29 and 38). All streams (intermittent and permanent) on the property must be shown on the map. Map scales should be 1 inch equals 50 feet or 1 inch equals 100 feet or their equivalent. See attached Wetland Sketch Map b. If available, representative photograph of wetlands to be impacted by project. C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the delineation line. See attached wetland data forms d. Attach a copy of the stormwater management plan, if required. e. What is land used of surrounding property? Commercial/Residential f. If applicable, what is proposed method of sewage disposal? NA g. Signed and dated agent authorization letter, if applicable. NOTE: Wetlands or Waters of the U.S. may not be impacted prior to: 1. Issuance of a Section 404 Corps of Engineers Permit, 2. Either the issuance or waiver of a 401 Division of Environmental Management (Water Quality) certification, and 3. (in the twenty coastal counties only) A letter from the North Carolina Division of Coastal Management stating the proposed activity is consistent with the North Carolina Coastal Management program. 7/2- U 05her' gent's Signature Date (Agent's signature valid only if Agent Authorization Letter from the owner is provided (18 g.)) SOUTHEAST DURHAM, N. C. NE/4 DURHAM SOUTH 15' QUADRANGLE 35078-H 7-TF-024 N 1973 DMA 5255 IV NE-SERIES V842 Project #: Scale: 97-3043 1" = 2000' Project Mgr.: KCM Date: 4119100 FIgUC@ - Location Map Ebenezer Ch. Rd/US 70 Connector ' Raleigh, Wake Co., NC BAYLEAF, NC 1993 NIMA 5255 1 NW-SERIES V842 Soil & Environmental Consultants, Inc. 11010 Raven Ridge Rd. - Raleigh, NC 27529 (919) 846-5900 • (919) 846-9467 Web Page: www.SandEC.com 4 OM-61f (616) XOj M6-61f (616) OuNd :A°a3v~ -- f 1 BLl DID1OJDO4,VON 'Ajo0 PDOS esnOH 4 1H 41 Ol :AG NNVMO Z s1 '71nsuD0 u ,se0 : A° Q3A95'1 d V W 1 J V d W V N V ? d J1 ! S ' Vd sr oVrcr/T 31Y0 N015N3lf : lOl dMUM 0 Z? - W W m m:j 3 A gm 3 ,V) TO 39 w? W w :2 NN w (A N O Q t 0 W ,, ? N 29 t? m 0 m?E V) <VI W? ? IL a L.j Q z 0 n o N a a N W W V N N W CD O 0 W O J U 0 U U .. Q '- ? O O Ln \' 1' , T/` V1, MAR-03-00 10:59 AM SPAULDING & NORRIS P.A. 9193199330 P.02 03/02100 1:19 FAX ?oOY A 41 ><ro J. OW K1N0 Ty, B•n, i Vl4Mn9ton tau P.A ..na-ai ta• "as*- am Enc. ?,,,? *' ?? ?? (?{t,appp ? rart ?» M6-915? I At'iSM? AL('1'i[GRT??? 77 AddrIA : 8 i rtww ho+dlle?r/ '? ; maw Ul AMY COMP Q(W*WNlk F 'o, Do Wdff*rJ-414C Um ` i Alt FAA oNim. '[e Wheln It Mq C? ?ullratb. ? 10 61: t IM een+lnclt aw iii wi,. .M !h sly bq?.ll r? ra ete;. reo.e db? tIA6 rtewkau" A„I ?Y p• coetwr ra..a? ` t„ e?!!o? tee rubes amdpcalM?W t Yijead Wt SWC to L, . „ ?K MUM P,1ly+E ? ? ? l C?ruu, ]uc, cet W W@AftQ f 1 roA- bwav. Nc vo .110 MM141??n ! v t1??*tla? D M>•t?P?. ?0 ftyyrlal I?"" M?Pi,t+i pR11Rn! P-58, 2 / 251-?'98, i S89'55 0'E, g8 'S u i J fN W m I 00 Nw h z ?--- ? c+ O d o, J W 4' O LL 1.4 U m? W? v 3 Q ? o ? ? ? i ? 'i !I , ! o ?F oflo WE zoo, PPROX 7 942 Ac. Ln a wit 3 oo 1 azo !II I ?? i I ./ 0 • oui totL v? - a: CL I 1 \• \ ?/? / i I I I .I ? I' f ? I %' i a ? ^fi I I I I I ? i o F WAY 41 I I Id ' ftA to % 1 - -??APPf 2.0 5-,Ac. u 99. 0 14 9 117.4 •A ?._ Cr) \ n / N ?i 26 X 455. 2 I 177. 78 o ;?, ' by ??, a APPROX 7 498 ?Ac. PROPOSED 60' RIGHT OF , WAY 417.4 X 417.5 X X+ X 423.5 ! ji N86-55, 424.1 i ' X 512.5 X v j/. J X531.3 f?l nl Delineation Performed by: Soil & Environmental Consultants, Inc. 244 West Millbrook Road 231 16th Avenue NE Raleigh, NC 27609 Hickory, NC 28601 Phone: (919) 846-5900 Phone: (704) 322-6700 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: Baccari Hwy. 70 Date: 5/8/97 Applicant/ Owner: _ County: Wake Investigator: Kevin Martin State: NC Do normal circumstances exist on the site? LYe No Is the site significantly disturbed (A typical situation)? Yes.- nNo Is the area a potential problem area? Yes (If needed, explain on reverse.) VEGETATION Dominant Plant Species Stratum Indicator 1. Lonicera japonica herb FAC- 2.Vitis rotundifolia herb FAC 3.Pinus taeda tree FAC 4.Acer rubrum tree FAC 5.Polystichum acrostichoides herb FAC 6.Liriodendron tuhpifera tree FAC 7.Liquidambar styraciflu tree FAC+ 8.Cornus florida tree FACU Community ID: Transit ID: Plot ID: Dominant Plant Species 9.Quercus rubra 10. 11. 13 14 16 t___ Stratum Indicator tree FACU Percent of dominant species that are OBL, FACW or FAC (excluding FAC-): 78 Remarks: HYDROLOGY Recorded Data (describe in remarks) Wetland Hydrology Indicators: Stream, Lake or Tide Gauge Primary Indicators: Aerial Photographs Inundated Other Saturated in Upper 12 Inches X No Recorded Data Available Water Marks - - Drift Lines Field Observations: Sediment Deposits Drainage Patterns in Wetlands Depth of Surface Water: (in.) Secondary Indicators: (2 or more required) Oxidized Root Channels in Depth to Free Water in Pit: >24"__ (in.) Upper 12 Inches Water-Stained Leaves Depth to Saturated Soil: >24" (in.) Local Soil Survey Data FAC Neutral Test Other (explain in remarks) Remarks: WLdata.frm t SOILS Map Unit Name (Series and Phase): Congaree Taxonomy (Subgroup): Udifluvent Profile Description: ?A Q L Drainage Class: MWD - WD Field Observations Confirm Type? s No Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (ins.) Horizon (Munsell Moist) (Munsell Moist) Abundance/ Contrast Structure etc. 0-12 A 7.5 YR 5/5 sandy loam Hydric Soil Indicators: Histosol Histic Epipedon Sulfidic Odor Aquic Moisture Regime Reducing Conditions Gleyed or Low-Chroma Colors Concretions High Organic Content in Surface Layer in Sandy Soil Organic Streaking in Sandy Soils Listed on Local Hydric Soils List Listed on National Hydric Soils List Other (explain in remarks) Remarks: Wetland Determination (circle yes or no) Hydrophytic Vegetation Present? No Is This Sampling Point Within a Wetland? Yes No\ Wetland Hydrology Present? Yes No Hydric Soils Present? Yes No Remarks: SOIL Sc,F? N C. Mq'Qri ??? v ? ?RvroA. 'L 1003 \\OF NORT I C.P?,, '?''WLdata.trm Delineation Performed by: Soil & Environmental Consultants, Inc. 244 West Millbrook Road 231 16th Avenue NE Raleigh, NC 27609 Hickory, NC 28601 Phone: (919) 846-5900 Phone: (704) 322-6700 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: Baccari Hwy. 70 Date: 5/8/97 Applicant/ Owner: County: Wake Investigator: Kevin Martin State: NC La V Do normal circumstances exist on the site? Is the site significantly disturbed (A typical situation)? Is the area a potential problem area? (If needed, explain on reverse.) Yes No Community ID: Yes o Transit ID: Yes hIo Plot ID: _ VEGETATION Dominant Plant Species Stratum Indicator LImpatiens capensis herb FACW 2.Arisaema triphyllum herb FACW- 3.Eulalia viminea herb FAC+ 4. Woodwardia areolata herb OBL 5.Polystichum acrostichoides herb FAC 6. 7. _ 8. Dominant Plant Species 9.- 10._ 11. 12. 15 16 Stratum Indicator Percent of dominant species that are OBL, FACW or FAC (excluding FAC-): 100 Remarks: HYDROLOGY Recorded Data (describe in remarks) Stream, Lake or Tide Gauge Aerial Photographs Other X No Recorded Data Available Field Observations: Depth of Surface Water: Depth to Free Water in Pit: Depth to Saturated Soil Remarks: (m.) 0" (in.) 0" (in.) Wetland Hvdroloey Indicators: Primarv Indicators: Inundated X Saturated in Upper 12 Inches Water Marks Drift Lines Sediment Deposits X Drainage Patterns in Wetlands Secondary Indicators: (2 or more required) X Oxidized Root Channels in Upper 12 Inches X Water-Stained Leaves Local Soil Survey Data FAC Neutral Test Other (explain in remarks) WLdata.frm SOILS Map Unit Name (Series and Phase): Wehadkee Taxonomy (Subgroup): Fluvaquept Profile Description: ?e Drainage Class: POOR Field Observations CYes) Confirm Type? No Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (ins_) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure etc. 0-12 A 10YR 6/2 10YR 5/6 few, distinct sandy loam Hydric Soil Indicators: Histosol Concretions Histic Epipedon High Organic Content in Surface Layer in Sandy Soil __X_ Sulfidic Odor Organic Streaking in Sandy Soils _X_ Aquic Moisture Regime -X_ Listed on Local Hydric Soils List _X_ Reducing Conditions _X_ Listed on National Hydric Soils List _X_ Gleyed or Low-Chroma Colors Other (explain in remarks) Remarks: Wetland Determination (circle yes or no) Hydrophytic Vegetation Present? BYe No Is This Sampling Point Within a Wetland? No Wetland Hydrology Present? No Hydric Soils Present? No Remarks: SOIL Sc,? 1003 \ OA NORTH GPR? e?6?e-' - WLdata fnn NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH REGIONAL OFFICE j.- s..;C 4? ,-? tea` ?C N9 9 December 29, 1998 D Mr. Steve Roberts JAN _ 6 1999 Soil and Environmental consultants 244 West Millbrook Road li Raleigh, NC 27609 Subject: Neuse River Basin Riparian Rules Bacarri (Hwy. 70) NBR-RRO- 170 Durham County Dear Mr. Roberts: I met with you at a proposed development along Hwy 70 near the junction of Ebenezer Church Road. At your request, an evaluation was perfonned to determine whether two (2) features as indicated by a blue high lighter on the attached map would require compliance with the Neuse River Buffer requirements. (Please note: these are the only features that I reviewed). Feature # 1 as indicated on the attached map is a stream and is subject to the Riparian Buffer Rule. Feature # 2 as indicated on the attached map is not a stream and is not subject to the Neuse Buffer Rule. Also, the attached map indicates a proposed road pathway crossing the subject stream. The intent of this correspondence is not to provide Regional concurrence with the placement of the proposed road crossing foot print, only what is subject to the Neuue Riparian Buffer Rule. In addition, in accordance with the rule, concentrated runoff from new ditches or manmade conveyances must be dispersed into sheet flow before the runoff enters Zone 2 of the riparian area. If you have any questions please call this office at (919) 571-4700. Sincerely, h Danny ith Environmental Specialist cc: RRO - file copy John Dorney- Wetlands/401 Group 3800 BARRETT DRIVE, SUITE 101, RALEIGH, NORTH CAROLINA 27609 PHONE 919-571-4700 FAX 919-571-4718 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED11095 POST-CONSUMER PAPER JAMES B. HUNT JR <, 7OVERNOR s g o f ?" P ? ? 1 11 11 `??d ? ? ? 1 dC 1H. 03SOd0 d ? sV 14 L 8SS - WA6 ' BL_LL \ - ------------------ ° o c 6, . 00. L By Ct,, ?? .. ° P.72,00-49N .LO 65 9 S 1 ? B ?,rH d a oa, o? i 9. 9BS IYM d0 1HOIH .09 03SOdOdd I Y n v Zb6 ' L add' ' J1. ~ a c Tab n7O e. \ a E3 ? Fla 0 o ao < io?x 9S 00 EL qq n °a C, r Z BG dP a A N - O SPAULDING & NORRIS, PA Design Consultants December 1, 1999 Mr. Kevin Martin Soil & Environmental Consultants 244 W Millbrook Road Raleigh, NC 27609 Re: Ebenezer Church Road/US 70 Connector Dear Kevin: The above referenced project is part of the City of Raleigh's US 70 Connector Road program. This program involves providing the construction of connector roads to reduce the amount of traffic on US 70. The program involves City of Raleigh funding for roads and utilities. Most of the connector road locations have been set with right of way already dedicated. In our case, the right of way was not dedicated, but our location is set at US 70 because we must align with right of way already dedicated on the opposite side of US 70. What this means is our road alignment has no room to move. Please proceed with obtaining permits from NCDENR necessary for road construction as shown on the design plans. If you have any questions or need additional information, please call me at 319-9393. Sincerely, L Thomas J. Spaulding, PE Spaulding & Norris, PA Phone: (919) 319-9393 • Fax: (919) 319-9330 • 1014 High House Road • Suite 100 • Cary, North Carolina 27513