HomeMy WebLinkAbout20001063 Ver 1_COMPLETE FILE_20000811State 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
• •
A 4 IT
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
August 17, 20000
County Wake
DWQ Project # 001063
APPROVAL of 401 Water Quality Certification and Neuse River Buffer Rules
Town of Wendell
Post Office Box 828
Wendell, NC 27591
Dear Sirs:
You have our approval, to construct a waterline for the Town of Wendell along SR 2329, SR 2353, SR 2354 and
NC231 as you described in your application dated July 31, 2000. After reviewing your application, we have decided that
this project is covered by the Neuse River buffer rules (15A NCAC 213 .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, Coastal Stormwater, Non-Discharge and Water Supply Waiershed regulations. Also this approval will expire
when the accompanying 404 or CAMA 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. If you change your
project, you must notify us and 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. This approval shall
expire when the corresponding Nationwide Permit expires or as otherwise provided in the General Certification. 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). For this approval to be valid, you must follow the conditions listed in the attached
certification.
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.
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.
Sincerely,
rr T tevens
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
File Copy
Central Files
Peter Jelenevsky: S&EC
Division of Water Quality - Wetlands/401 Unit
1621 Mail Service Center - Raleigh NC 27669-1621 -Telephone 919-733-1786 - FAX 733-9959
An Equal Opportunity Affirmative Action Employer
50% recycled/10%a post consumer paper
& Environmental Consultants Inc.
11010 Raven Ridge Road
Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467
Web Page: www.SandEC.com- e
Transmittal
To: 70 k w bUT K e
D VV Q
W401 /Zee.o(,y Crt-e4 koa
Project #: 00-55-q2_
Date: 10 2 0o-0
Project Name: Wt,ld e I ( ?I/?I?,t ?? ?,,? Z mb r gwl"J'
i a k Al C 21607 File:
We Transmit to you Herewith: Under Separate Cover:
72!?__ Drawings ? For your information and files By mail
Specifications ?? For comment or approval -,X By courier
Brochures or photos Returned for correction, resubmit By express
Correspondence Approved as noted
As per your request
No. Copies Document No. Date Description
pc lJ A,o p 1; c o f i on/ L w, p-t c.,f F- v r•,,- s
r. __.`` ;?rsion/ of L?+ 0 2csovrcEs
Lc 17tA
WETLANDS GtuiJP
Remarks: = ha?e v s'o forwa,Wea( cvq of the 4,pb'eet, -ten/
4-0 SAC?c h'!1?CAco 4't the Pee ;o.v-1 d tce per ti? s
P_aato S
If enclosures are not as listed as above, kindly notify us at once.
By: &I-tK 7Cle Ae?-Sk
Wetland Deli neat ion/Pennitting/Mitigation ' Soil/Site Evaluations On-Site Septic Systems Environmental Assessments/Audits
Neuse Basin and Watershed Buffer Evaluations Groundwater Hydrology Endangered Species
Charlotte Office: (704) 516-3922 • Hickory Off-ice: (828) 312-7902
Environmental Consultants, Inc.
: Road - Raleigh, North Carolina 27614 - Phone: (919) 846-5900 - Fax: (919) 846-9467
Mr. Todd Tugwell
U. S. Army Corps of Engineers
Raleigh Regulatory Branch
6508 Falls of the Neuse Road, Suite 120
Raleigh, North Carolina 27615
T %igi_r??a(?`;
Mr. John Dorney
N.C. Division of Water Quality
NCDENR
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Re: Proposed Wendell Waterline Improvement Project, Wake County. Pre-Construction Notification
Application for a Nationwide 12 Permit and Courtesy Notification of Exempt Neuse Buffer
Impacts. S&EC Project No. 00-5542.
Dear Mr. Tugwell and Dorney,
Soil & Environmental Consultants (S&EC) is submitting on behalf of the town of Wendell a Pre-
Construction Application (PCN) for proposed temporary impacts to waters of the U.S., including wetlands
that will result from the installation of a 30,000 linear foot water supply line. Temporary impacts are
proposed to several unnamed tributaries located along the proposed route. The proposed waterline route is
located parallel to Marshburn Road (SR 2329), Morphus Bridge Road (SR 2353), Lions Club Road (SR
2354), and Selma Road (N.C. 231), Wendell, Wake County, North Carolina (see enclosed USGS vicinity
map). The aforementioned unnamed tributaries drain into the Little River and Buffalo Creek. This project
is located within the Neuse River Basin.
The proposed temporary impacts pertain to the installation of a 10-inch to 12-inch pressurized PVC water
supply line that because of highway infrastructure constrains (i.e. bridges, culverts) has been designed to
cross eight individual stream channels/linear wetlands. Construction will be completed within the current
N.C. DOT rights-of-way and the proposed temporary stream impacts will be located within 5 to 10 feet of
existing highway culvert/bridge structures. The construction corridor located outside of Waters of the U.S.
and within the road shoulder will be limited to 30 feet wide. Channel excavation will be limited to a Moot
wide trench and any required clearing will be limited to 10 feet from structures. Following the installation
of the waterline, the grade will be returned to pre-construction contours and stabilized. Based on the 3-foot
wide trench excavation and 10 foot maximum clearing limit within waters and the existing widths of the
individual crossings, approximately 50 linear feet or 0.003-acre (130 square feet) of waters of the U.S. is
proposed to be temporarily impacted by excavation and vegetation clearing to accommodate the waterline
installation.
The proposed Wendell Water Line Improvement Project stream crossings were delineated by S&EC on 20
July 2000 for the purpose of identifying widths and specific locations of waters of the U.S. that would be
temporary impacted as the result of the proposed waterline route. Other waters/wetlands located along the
alignment are to be avoided by installing the water line within the road fill and beneath existing
culverts/drainage structures.
Please note that this is not a notification for a 401 certification. In addition, Land Quality has delayed the
sediment and erosion control permit review until an official letter from DWQ has been submitted
confirming Neuse Buffer status subject to the proposed alignment. This seems unnecessary and
unreasonable since under the non-electric utility line provision within the Neuse Riparian Buffer Rules
Table of Uses (15 A NCAC 2B .0233, Section 6) describes that perpendicular clearing of the buffer that
does not exceed 40 linear feet as an exempted activity.
Wetland Delineation/Permitting/Mitigation Soil/Site Evaluations On-Site Septic Systems Environmental Assessments/Audits
Neuse Basin and Watershed Buffer Evaluations Groundwater Hydrology Endangered Species
Charlotte Office: (704) 516-3922 - Hickory Office: (828) 312-7902
For any questions or additional information regarding this permit application, I can be reached at 919/846-
5900.
Sincerely,
Soil and Environmenta
d--I- .4----"'
Peter A. Jelenevs
Biologist
Enclosures: 1) PCN Application
2) Knighdale and Zebulon, North Carolina 7.5-minute USGS Topographic Quadrangle.
3) Impact Maps-5 Individual Impact Sheets
4) Impact Table
5) Agent Authorization Form
DWQ ID:
Corps Action ID:
Nationwide Permit Requested (Provide Nationwide Permit ft 12
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: Town of Wendell
2.
Mailing Address: P.O. Box 828
Subdivision Name:
City: Wendell
State: N.C.
Zip Code: 27591
Project location address, including subdivision name (if different from mailing address
above): Linear water supply pipeline (30,000 linear feet) that will be installed within 5
feet of the edge of pavement along Marshburn Road (SR 2329), Morphus Bridge Road
(SR 2353), Lions Club Road (SR2354), and Selma Road (N.C. 231), Wake County, North
Carolina.
3) Telephone Number: 919/365-4444
4) If applicable, agenfs name or responsible corporate official, address, phone
number:
Soil & Environmental Consultants Inc.
11010 Raven Ridge Road
Raleigh, N.C. 27614
Phone: (919) 846-5900
Fax: (919) 846-9467
5. Location of work (provide a map, preferable a copy of USGS topographic map or
aerial photograph with scale): See enclosed USGS topographic map
County: Wake Nearest town or city: Wendell
Specific Location (include road numbers, landmarks, etc.): See previous
description and USGS map.
6. Impacted or nearest stream/river: Unnamed tributaries of the Little River and
Buffalo Creek.
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. If 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 an Section 404 permits been previously requested for use on this property?
YES ?y 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: 28 acres
9b. Estimated total number or acres of wetlands located on project site: 0.003-acre
10a. Number of acres of wetlands impacted by the proposed project by:
Filling:
Flooding:
Drainage:
Excavation: 0.003-acre
Other:
Total acres to be impacted: 0.003-acre
(Temporary)
10b. (1) Stream channel to be impacted by the proposed project (if relocated,
provide distance both before and after relocation):
Length before: 50 feet
After: 50 feet
Width Before (based on normal high water contours): 13 feet
Width After: 13 feet
Average depth before: N/A
After: N/A
(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: perpendicular 10-inch to 12-inch PVC water supply line installation
11. If construction of a pond is proposed, what is the size of the watershed draining
to the pond? N/A
12.
What is the expected pond surface area?
12. Description of proposed work including discussion of type of mechanical
equipment to be used (attach plans 8 1/2" x 11" drawings only): Installation of a
10 to 12-inch PVC water line within current N.C. DOT rights-of-way. Excavation
of waters of the U.S./wetlands is required for installation where culverts limit
alternatives. Excavation will be limited to a 3-foot wide trench and vegetation
clearing within waters will not exceed 10 feet. Equipment utilized will consist of
typical construction equipment (i.e. excavators, backhoes, frontend loaders,
ditchwitch).
13. Purpose of proposed work: Installation of a water supply line.
14. State reasons why it is believed that this activity must be carried out in wetlands
(include any measures taken to minimize wetland impacts): For the purpose of
installing the water line temporary excavation is proposed. Water pipeline route is
constrained along the proposed route by existing road infrastructure at 5 individual
stream crossings. Limiting structures include existing shallow concrete culverts.
Stream crossings that are proposed for temporary impact will be returned to pre-
constructions contours as much as is feasible. No fill or modification of existing
waters of the U.S. is being proposed.
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 12y Corps
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 Corps
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.
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.
d. Attach a copy of the stormwater management plan, if required.
e. What is land used of surrounding property? Residential, agricultural and
commercial.
f. If applicable, what is proposed method of sewage disposal? municipal
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.
da vs T z a
Owner's ens g Date
(Agent's signature valid only if Agent Authorization Letter from the owner is provided
(18 g•))
08/09/2000 10;31 9193659367
08/09/2000 09;50 FAX 919 239 8031
i
TOWNOFWENDELL
UNIX k CREED
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2002
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PROPOSED TEMPORARY IMPACTS-WENDELL WATER LINE
IMPROVEMENT PROJECT
Crossing Stream Name Stream Impact Width Impact
Width (ft) Area
(ft) (includes Or)
clearing and
excavation
A Unnamed tributary of Little 2.0 10.0 20.0
River
B Unnamed tributary above Lake 3.0 10.0 30.0
Johnson-Wendell
C Unnamed tributary of Little 1.0 10.0 10.0
River
D Unnamed tributary of Buffalo 5.0 10.0 50.0
Creek
E Unnamed tributar y of Buffalo 2.0 10.0 20.0
Creek
TOTAL 50 130.0
IMPACT
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35078-G3-TF-024
3507819B7 TF-024 0 2000 2000 FEET IMPROVEMENT PROJECT 1968
PHOTOINSPECTED 1988 KG OW g7 PHOTOREVISED 1981
0 GRAPHIC SCALE
+ 1 50'
0
0 50 100
CROSSING A
0
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L--INSTALL 12" D.I. WATER LINE MIN.
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36" RCP. SEE CROSSING
CLEARING LIMITS STA. 67+50 TO STA 71+50 DETAIL "A". SHEET D1.
CONTRACTOR SHALL LIMIT CLEARING 0 THE
MINIMUM REQUIRED TO CONSTRUCT W TER LINE
PROJECT NO. SCALE SHEET TITLE:
- 60` WATER SYSTEM IMPROVEMENTS
PROJECT MOR. FIELD WORK
K.M.
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GRAPHIC SCALE
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0 50 100
CROSSING B
3' STREAM CHANNEL
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EXISTING 30" PINE
CONTRACTOR SHALL FIELD ADJUST
LOCATION OF WATER MAIN TO
AVOID DAMAGE TO TREE
PROJECT W. SCASE
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W42 1 PROJECT MGR R D WORK
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INSTALL 10" WATER LINE
MIN. 5' OFF END OF
EXISTING 60" RCP. SEE
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SHEET D1.
WATER SYSTEM IMPR0Y6tEWM
MMM ! CREED
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SHEET TIRE:
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NOTES
1.CONTRACTOR TO VERIFY SIZE, DEPTH, MATERIAL
AND LOCATION FOR ALL UNDERGROUND UTILITIES
PRIOR TO THE START OF CONSTRUCTION.
5' STREAM CHANNEL
I;nn
9111
(4) 45' BENDS - --
INSTALL 90 LF 12" WATER
LINE MIN. 5' OFF END OF
EXISTING (2) 30" RCP. SEE
CROSSING DETAIL "A".
SHEET D1.
8' OFF EOP
12 LF NCDOT CLASS I RIP RAP
(18" MIN. DEPTH) SEE DETAIL
SHEET D3. TYPICAL FOR ENTIRE
DISTURBED AREA.
GRAPHIC SCALE
1 " = 50'
0 50 100
MEN*
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\5542\CROSSING D WAKE COIR M ?? CAROLINA WiDir?er+IrWI?lwIB AM
JULY 2000
GRAPHIC SCALE
1"=50'
0 50 100
CROSSING E
2' STREAM CHANNEL
e
OPTIC
NOTE 1)
NC 231 SELMA RD.
12" D.I. WATER LINE
INSTALL 12" WATER LINE MIN.
5' OFF END OF EXISTING
24" RCP. SEE CROSSING
DETAIL "B". SHEET D1.
PKQIEC:T NO. SCALE
t' ".
W42 I PROJECT MGR FIELD WDRK
M.M. I \\SEC\SECnMS
\5542\CROSSING E
SHEET TTRE:
WATER SYSTEM IMPROVEMENTS
PROJECT NMIE:
MMM ! CREED
- TOWN OF WENDELL -
WAKE COUNTY. NORM CAROLRN
JULY 2000
Soil & Environmental Consultants, Inc.
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NORTH CAROLINA DEPARTMENT OF .
ENVIRONMENT AND NATURAL RESOURCES
RALEIGH REGIONAL OFFICE
"GE., t/
AY /? tP'
DIVISION OF LAND RESOURCES
May 18, 2000
Town of Wendell
P. O. Dox 828
Wendell, N. C. 27591
Attn: Ira C. Fuller, Town Mgr.
RE: Town of Wendell Wtr. Imp.
Wake County
Neuse#1/ 03-04-02
Dear Ms. Fuller:
This office has received an Erosion and Sedimentation Control Plan for the subject project as
required by the Sedimentation Pollution Control Act of 1973.
We have performed aprelimmary review of your plan and have noted apparent buffer
encroachments subject to the Neuse River Riparian Area Protection and Maintenance Rule
(15A NCAC 2B .0233). This rule applies to all perennial and intermittent streams, lakes, ponds and
estuaries in the Neuse River Basin with forest vegetation on the adjacent land or "riparian area". In
riparian areas with existing forest vegetation in the fast 30 feet directly adjacent to the stream; the rule
prohibits land disturbance, new development and fertilizer use within the first 50 feet of land next to
the water. In riparian areas with forest vegetation that is less than 30 feet wide, the rule prohibits land
disturbance, new development and fertilizer use within the area that contains forest vegetation (but not
the entire 50 foot riparian area). Encroachments on the protected buffers require written approval by
the Division of Water Quality (DWQ).
In light of the apparent buffer encroachments shown in your plan, we cannot consider your
application complete until we receive a copy of your DWQ approval or statement of exemption from
the rule. Therefore, we cannot initiate our 30-day statutory review time period until your application
is complete. For more information about this riparian area rule, please contact the Division of Water
Quality's Wetland/401 Unit at 919-733-1786, or DWQ in our regional office at 919-571-4700. By
core of this letter we are notifying them that your project will need their attentio
Upon receipt of your DWQ paperwork and any necessary plan revis' related to DWQ
revim or our enclosed checklist, we will process your application for plan proval as soon as
possible. If you have any questions or need additional information, plea do not hesitate to contact
us. Your cooperation in this matter is appreciated.
Sincer
,. Ho ey, Jr., F
Re oval Engineer
d Quality Section
cc: Ken Schuster, P.E., Div. Of Water Quality
ony c im & Creed
MAILING ADDRESS: 1628 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-1626
LOCATION: 3900 9ARRETT DRIVE, SUITE 101, RALEIGH, NC 27809
PHONE 919-571-4700 FAX 919-571-4718
U ER PAPER
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/1096 POST-CONS M