HomeMy WebLinkAbout20010793 Ver 1_COMPLETE FILE_20010524F
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Michael F.-Easley
Governor
William G. Ross, Jr. Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
July 10, 2001
DWQ # 01-0793
Wake County
MR. Barry James
Brier Creek Corporate Center Associates
C/o AAC Real Estate Services
3800 Arco Corporate Drive
Suite 200
Charlotte, NC 28273
Dear Mr. James:
On May 24, 2001, the Division of Water Quality (DWQ) was notified by receipt of your applications regarding your
plans to impact 0.16 acres of wetlands and 229 feet of streams for the purpose of constructing road crossings for the Brier
Creek Corporate Center (Parcel J) at Lumley Road and 1-540 in Raleigh in Wake County. Approval from DWQ is required
to impact these wetlands and streams. Please provide seven copies of the following information and refer to the DWQ
number listed above in your reply.
1. The amount of buffer mitigation is not calculated correctly. You must account for all impacts to Zone 1 and
Zone 2 of the buffers in these calculations. Please discuss this matter with Bob Zarzecki if you have any
questions about these calculations.
2. As discussed in our earlier meeting in the office, please provide plans for stormwater management from each
of the parcels accessed by these roads. Either constructed wetlands or dry basins with flow spreading
devices to ensure sheet flow through the 50 foot buffer would be acceptable.
Please call Bob Zarzecki or me at 733-1786 if you have any questions or would require copies of our rules or
procedural materials. This project will remain on hold as incomplete in accordance with 15A NCAC 2H .0505(c). The
processing time for this application will begin when this information is received. If we do not hear from you within three (3)
weeks of the receipt of this letter, we will assume that you no longer want to pursue this project and will consider it
withdrawn.
L
Cc:
Raleigh DWQ Regional Office \IJ
Raleigh Field Office Corps of Engineers
File copy
Central files
Jennifer Burdette, Soil and Environmental Consultants,
VXT
NCUENq
Customer Service
1 800 623-7748
11010 Raven Ridge Road, Raleigh, NC 27614
Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 (919) 733-17b6
MEMORANDUM
TO: John Dorney Regional Contact: Steve Mitchell
Non-Discharge Branch WQ Supervisor: Ken-Schuster
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Brier Creek Corporate Center (parcel J) County Wake
Project Number 01 0793 County2
Recvd From APP Region Raleigh
Received Date 5/24/01 Recvd By Region ((6?o I
Project Type residential development
1
Certificates Stream 6
Lam`''' Stream Impacts (ft.)
r
Permit' Wetland Wetland' Wetland Stream Class Acres Feet ffl?
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
39 OTH O Y O N F_ 27-33-4-1 ? NSW 30,402. 0.16 I I - F-
IJBR F_O Y O N F_F_-r-F_F_r- F_ ?-'
r r
I -F_OY ON r 1 F_I -F_F__F__F- I F_
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Is Mitigation required? 0 Y 0 N
Provided by Region: Latitude (ddmmss) 355359
Recommendation: 0 Issue 0 Issue/Coed 0 Deny
Longitude (ddmmss) 794715
Comments:
Either DENY or ISSUE Conditional. Buffer mitiaation is not calculated correctly, you have
grading and filling in Zone 2., and remove Zone 1-through impact ,.,you have to mitigate for the entire
buffer. You do not get to fill and revegetate as though there was not impact to the buffer in Zone 1. I
have informed S & E C of this and they, say I am wrong. Talk to Z and John H.
cc: Regional Office a:9 j`iq/01
Central Office Page Number 1
Soil & Environmental Consultants, Inc.
11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467
Web Page: www.SandEC.com
To: Ar. ?v4n Por/7eV
AIC AV i Si brJ e? V fe. - 4,,? 1,
- - 3Z / Clad flee 6/ya%
?a /e; 9Li , NC 2 76a161
We Transmit to you Herewith:
Drawings _
Specifications _
Brochures or photos _
Correspondence _
As per your request
Transmittal
Project #: Date: S 2- 9 0/
Project Name: Bi'iC? Cif Gon%6rdk
Ce? ?r ??<IrGG/c??
?aKG Cov`i7?/? /?L
File:
use. Under Separate Cover:
For your ' s By mail
For comment or approval By courier
Returned for correction, resubmit By express
Approved as noted
No. Copies Document No. Date Description
JSe / a Wil rer_fed <J4,7e 41
If enclosures are not as listed as above, kindly notify us at once.
By: ?e nn; -Ae r &IrVe > ?
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
MEMORANDUM
TO: John Dorney
Non-Discharge Branch
Regional Contact: Steve Mit .h II
WO Supervisor: Ken ScbugtP_r
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Brier Creek Corporate Center (parcel J) County Wake
Project Number 01 0793 County2
Recvd From APP Region Raleigh
Received bate 5/24/01 Recvd By Region
Project Type residential development
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet 7i,_ Type
Type Impact Score Index Prim. Supp. Basin Req. Req. 39 OTH O T O N F- 27-33-4-1 F-c- NS
F 30,402. 0.16 F_ r__ I -
NBR F O Y O N ?--?_I-? r-r r- ?-
F-Ir- 0 Y _0N r I ????F_F_ I ?-
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? Q Y Q N Did you request more info? Q Y Q N
Have Project Changes/Conditions Been Discussed With Applicant? Q Y O N
Is Mitigation required? Q Y O N
Recommendation: Q Issue O Issue/Coed O Deny
Provided by Region: Latitude (ddmmss) 355359 Longitude (ddmmss) 794715
Comments:
96dr DENY or-ISSUE. Qondifiql3a(x Buffer mitigation is not calculated correctly. If you have
grading and filling in Zo42. and remove Zone 1 -through imps tom, you have to mitigate for the entire
buffer. You do not get to fill and revegetate as though there was not impact to the buffer in Zone 1. I
have informed S & E C of this and they say I am wrong. Talk to Z andjohn jj,y
?_d
cc: Regional Office
Central Office Page Number 1
U _
Environmental Consultants, Inc.
: Road - Raleigh, North Carolina 27614 - Phone: (919) 846-5900 - Fax: (919) 846-9467
Web Page: www.SandEC.com
US Army Corps of Engineers
Raleigh Regulatory Field Office
6508 Falls of the Neuse Road, Ste. 120
Raleigh, North Carolina 27615
Attn: Ms. Amanda Jones
May 24, 2001
t,
NCDENR - DWQ
Parkview Building
2321 Crabtree Boulevard
Raleigh, North Carolina 27604
Attn: Mr. John Dorney
RE: Nationwide Permit 39 & Neuse River Buffer Compliance Request/Courtesy 401 Water
Quality Certification Notification
Brier Creek Corporate Center (Parcel J)
Raleigh, Wake County, North Carolina
S&EC Project #: 97-3165A 010793
Dear Ms. Jones and Mr. Dorney:
On behalf of Brier Creek Corporate Center, we request authorization from the US Army Corps of
Engineers (USACE) use Nationwide Permit (NWP) 39 for the proposed project to cover
permanent impacts to wetlands. We also request written concurrence from the NC Division of
Water Quality (NCDWQ) that the project complies with the Neuse River Basin (NRB) Buffer
Rules. Because there are no proposed NWP 39 impacts to stream channels and the wetland
impacts are below 1/3 acre, written concurrence of the 401 Water Quality Certification is not
required under NWP 39. A Pre-construction Notification Application (PCN) is attached, which
includes an agent authorization form.
The proposed project consists of installation of infrastructure necessary to support future
commercial development, such as an access road and sanitary sewer service. The site is located
in the northern quadrant of the intersection of Lumley Road and Interstate 540. Please refer to
the attached map (Figure 1) for the location of the proposed project on a USGS topographic
quadrangle.
Wetland Delineation/Permitting/Mitigation Soil/Site Evaluations On-Site Septic Systems Environmental Assessments/Audits
Neuse Basin and Watershed Buffer Evaluations Groundwater Hydrology Endangered Species
Western Branch Offices: (828) 635-5820 - (828) 312-7902 - (704) 516-3922
The proposed project will impact riparian buffers and 0.16 acre of wetlands. However,
there are no proposed impacts to stream channels. Therefore, a 401 Water Quality
Certification approval is not requested and a check to cover the processing fee has not been
enclosed.
Y
May 24, 2001
S&EC Project #: 97-3165A
Page 2 of 4
The proposed access road will cross three wetlands, one perennial stream twice, and another
perennial stream once. Proposed road crossings will be constructed using bottomless arch
culverts thereby avoiding impacts to the unnamed tributaries of Little Brier Creek. Two
proposed sanitary sewer lines also cross the same perennial stream. The sewer line crossings
will be installed as aerial crossings and will not impact the stream channel. The impact tables in
the PCN itemize and provide a description of each proposed impact to wetlands and riparian
buffers. The total proposed impact to wetlands is 0.16 acre. As previously stated, there will be
no impacts to stream channels as a result of the project. Please refer to the attached Wetland and
NRB Impact Maps (3 sheets) for the location of each impact.
It is important to note that Brier Creek Corporate Center (Parcel J) is part of a larger project
(1800 acres) that is referred to as Brier Creek. Previous impacts associated with the entire Brier
Creek assemblage are summarized on Table 1 attached to the PCN. Previous impacts to waters
of the US, including wetlands, equal 0.603 acre. Significant stream channels impacted
previously equal 272 linear feet. No previous impacts have been authorized under NWP 39.
The USACE's current policy requires applicants to avoid and minimize wetland and stream
channel impacts to the maximum extent practicable and compensatory mitigation to offset
unavoidable losses of waters of the US when impacts exceed the thresholds for notification (0.10
acre) or if a discharge causes the loss of any open waters. As mentioned above, utilizing
bottomless arch culverts at all three of the proposed road crossings eliminated impacts to the
stream channels. These road crossings are necessary to provide adequate access to all areas of
the property. Please refer to the attached PCN and letter provided by Paul Herndon, the Vice
President of the Brier Creek Corporate Center, for additional impact justification and an
explanation of the road alignment, respectively. As explained in the PCN, relocation of the
stream to minimize the number of crossings required by the tie-in constraints is not possible due
to PCB contaminated sediments present in the stream beds. Because the applicant has avoided
stream channel impacts through the use of bottomless arch culverts, plans to preserve the
floodplain and remaining wetlands as open space, maintain the riparian buffers on all intermittent
and perennial stream channels on Parcel J as required by the NRB riparian buffer rule, and
comply with the City of Raleigh's Local Stormwater Program for Nitrogen Control, S&EC does
not believe further compensatory mitigation should be required by the USACE for this phase of
the project.
NCDWQ's current policy does not require written concurrence or mitigation for wetland impacts
below 1/3 acre and stream channel impacts below 150 linear feet per tributary under NWP 39.
Because the permanent impacts to wetlands (0.16 acre) are below the aforementioned threshold.
and stream channels will not be impacted, S&EC believes that written concurrence from
NCDWQ for the WQC is not required. It is very important to note that the changes to the WQC
proposed by NCDWQ that require written concurrence of the 401 WQC when cumulative
project impacts exceed the aforementioned thresholds have not been approved as of the date of
this application. It is our understanding that until these changes are approved, NCDWQ cannot
require written concurrence of the WQC when the current project impacts are below the
aforementioned thresholds. NCDWQ also cannot require a stormwater management plan for
projects that do not require written concurrence. However, the City of Raleigh requires the
May 24, 2001
S&EC Project #: 97-3165A
Page 3 of 4
applicant to prepare a stormwater management plan to satisfy the Local Stormwater Program for
Nitrogen Control.
NCDWQ's current policy also does not require mitigation for projects with cumulative wetland
impacts below 1 acre and stream channel impacts below 150 linear feet. As stated above, the
current project will not impact stream channels. The currently proposed wetland impacts plus
the previous wetland impacts equal 0.763 acre, some of which were to stream bed and some to
actual wetlands. Therefore, S&EC does not believe that NCDWQ should require wetland
mitigation for the project.
Both of the unnamed tributaries of Little Brier Creek that the proposed road and sanitary sewer
lines will cross are subject to the NRB riparian buffer rule. As mentioned above, the two
sanitary sewer lines cross the same buffered stream. They have been designed to cross
perpendicularly; and the width of the easements has been reduced to 20 feet to minimize impacts
to the riparian buffer. Because these perpendicular crossings cumulatively impact no more than
40 feet, they qualify as exempt under the NRB riparian buffer rules.
Riparian buffer impacts from each of the three road crossings exceed 150 linear feet and 1/3 acre
of riparian buffer. Please refer to the attached Wetland and NRB Impact map for a table of the
riparian buffer impacts associated with the project and the "no practical alternative" letter
prepared by Mr. Paul Herndon of Brier Creek Corporate Center, which explains the site
constraints that dictate the alignment of the proposed access road. As indicated in Mr.
Herndon's letter, the NCDOT fixed tie-in point and the 100-foot tangent requirement
necessitates the first nonperpendicular crossing. The minimum curve radius prevents
perpendicular crossings at the remaining two crossings. Relocation of the stream to minimize
the impacts is not possible due to PCB contaminated sediments in the stream channel. It is
important to note that the applicant, Greenhorne & O'Mara, Kevin Martin in the fall of 1999, and
myself on April 27, 2001 previously discussed the aforementioned design constraints with Mr.
John Dorney and incorporated his recommendations. However, mitigation will be required for
all three of the road crossings. The applicant proposes to satisfy the mitigation requirements
through payment to the Riparian Buffer Restoration Fund. NC Wetland Restoration Program
(NCWRP) has been requested to accept payment for the mitigation.
A self-addressed stamped envelope is enclosed for your use in copying S&EC, as the authorized
agent for the applicant, with any response provided to the applicant.
Sincerely,
SOIL AND ENVIRONMENTAL CONSULTANTS
Jennifer A. Burdette
Environmental Scientist
t
Attachments:
Pre-construction (PCN) notification form
Site Location Map (Figure 1)
Wetland & NRB Impact Maps (3 Sheets)
Table 1- Permitting History
Agent Authorization Form
Two Data Forms
Paul Herndon's "No Practical Alternative" letter
c: Barry James - Brier Creek Corporate Center
Dan Donochod - Greenhorne & O'mara
NCWRP
May 24, 2001
S&EC Project #: 97-3165A
Page 4 of 4
C3
OF
wATR
QG
Pre-Construction Notification (PCN) Application Form
For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401
General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules
This form is to be used for projects qualifying for any of the U.S. Army Corps of Engineers' (USACE)
Nationwide, Regional or General Permits as required by Section 404 of the Clean Water Act and/or
Section 10 of the Rivers and Harbors Act, and for the North Carolina Division of Water Quality's
(DWQ) associated General 401 Water Quality Certifications. This form is also to be used for any
project requiring approval under any Riparian Buffer Rules implemented by the N.C. Division of Water
Quality. This form should not be used if you are requesting an Individual 404 Permit or Individual 401
Water Quality Certification. The USACE Individual Permit application form is available online at
http://www.saw.usace.army.mil/wetlands/Perm app.htm.
The USACE is the lead regulatory agency. To review the requirements for the use of Nationwide,
Regional or General permits, and to determine which permit applies to your project, please go to the
USACE website at http://www.saw.usace.anny.mil/wetlands/regtour.htm, or contact one of the field
offices listed at the end of this application. The website also lists the responsible project manager for
each county in North Carolina and provides additional information regarding the identification and
regulation of wetlands and waters of the U.S.
The DWQ issues a corresponding Certification (General or Individual), and cannot tell the applicant
which 401 Certification will apply until the 404 Permit type has been determined by the USACE.
Applicants are encouraged to visit DWQ's 401/Wetlands Unit website at
http://h2o.enr.state.ne.us/ncwetlands to read about current requirements for the 401 Water Quality
Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The
applicant is also advised to read the full text of the General Certification (GC) matching the specific 404
Permit requested. In some cases, written approval for some General Certifications is not required,
provided that the applicant adheres to all conditions of the GC. Applicants lacking access to the internet
should contact DWQ's Central Office in Raleigh at (919) 733-1786.
Trout Waters Coordination - Special coordination with the North Carolina Wildlife Resources
Commission (NCWRC) is also required for projects occurring in any of North Carolina's twenty-five
counties that contain trout waters. In such cases, the applicant should contact the appropriate NCWRC
regional coordinator (listed by county on the last page of this application).
Page 1 of 13
CAMA Coordination - If the project occurs in any of North Carolina's twenty coastal counties (listed on
the last page of this application) the applicant should also contact the North Carolina Division of Coastal
Management (DCM) at (919) 733-2293. DCM will determine whether or not the project involves a
designated Area of Environmental Concern, in which case DCM will act as the lead permitting agency.
In such cases, DCM will require a Coastal Area Management Act (CAMA) Permit and will coordinate
the 404/401 Permits.
USACE Permits - Submit one copy of this form, along with supporting narratives, maps, data forms,
photos, etc. to the applicable USACE Regulatory Field Office (addresses are listed at the end of this
application). Upon receipt of an application, the USACE will determine if the application is complete as
soon as possible, not to exceed 30 days. This PCN form is designed for the convenience of the applicant
to address information needs for all USACE Nationwide, Regional or General permits, as well as
information required for State authorizations, certifications, and coordination. Fully providing the
information requested on this form will result in a complete application for any of the USACE
Nationwide, Regional or General permits. To review the minimum amount of information that must be
provided for a complete PCN for each USACE Nationwide permit, see Condition 13, 65 Fed.Reg. 12893
(March 9, 2000), available at http•//www.saw.usace.AM.mil/wetlands/nwpfinalFedReg. df.
Processing times vary by permit and begin once the application has been determined to be complete.
Please contact the appropriate regulatory field office for specific answers to permit processing periods.
401 Water Quality Certification or Buffer Rules - All information is required unless otherwise stated
as optional. Incomplete applications will be returned. Submit seven collated copies of all USACE
Permit materials to the Division of Water Quality, 401/Wetlands Unit, 1650 Mail Service Center,
Raleigh, NC, 27699-1650. If written approval is required or specifically requested for a 401
Certification, then a non-refundable application fee is required. In brief; if project impacts include less
than one acre of cumulative wetland/water impacts and less than 150 feet cumulative impacts to
streams, then a fee of $200 is required. If either of these thresholds is exceeded, then a fee of $475 is
required. A check made out to the North Carolina Division of Water Quality, with the specific name of
the project or applicant identified, should be stapled to the front of the application package. For more
information, see the DWQ website at http: //h2o. ehnr. state.nc.us/ncwetlands/fees.html. The fee must be
attached with the application unless the applicant is a federal agency in which case the check may be
issued from a separate office. In such cases, the project must be identifiable on the U.S. Treasury check
so that it can be credited to the appropriate project. If written approval is sought solely for Buffer Rules,
the application fee does not apply, and the applicant should clearly state (in a cover letter) that only
Buffer Rule approval is sought in writing. Wetlands or waters of the U.S. may not be impacted prior to
issuance or waiver of a Section 401 Water Quality Certification. Upon receipt of a complete application
for a 401 Certification, the Division of Water Quality has 60 days to prepare a written response to the
applicant. This may include a 401 Certification, an on hold letter pending receipt of additional
requested information, or denial.
Page 2 of 13
Office Use Only: Form Version April 2001
USACE Action ID No. DWQ No. 010793
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit
? Section 10 Permit
? 401 Water Quality Certification
® Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: 39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here:
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here:
H. Applicant Information
1. Owner/Applicant Information
Name: Brier Creek Corporate Center Associates, LP Contact: Barry James
Mailing Address: c/o AAC Real Estate Services
3800 Arco Corporate Drive
Suite 200
Charlotte, NC 28273
Telephone Number: 704/295-4000 Fax Number: 704/295-4059
E-mail Address: b-james(a g cres.com
2. Agent 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: Jennifer A. Burdette
Company Affiliation: Soil & Environmental Consultants
Mailing Address: 11010 Raven Ridge Road
Raleigh, NC 27614
Telephone Number: 919/846-5900 Fax Number: 919/846-9467
E-mail Address: iburdettega.sandec.com
Page 3 of 13
III. Project 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,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include 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
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Brier Creek Corporate Center
2. T.I.P. Project Number (NCDOT Only): NA
3. Property Identification Number (Tax PIN): 0768339630, 0768328974, 0768438432, &
0768328520
4. Location
County: Wake Nearest Town: Raleigh
Subdivision name (include phase/lot number): Brier Creek - Parcel J
Directions to site (include road numbers, landmarks, etc.): Parcel J is located in the northern
quadrant of the intersection of Lumley Road (SR 1645 and Interstate 540.
5. Site coordinates, if available (UTM or Lat/Long): WL #1 35°53'59" N 78°47' 15" W
WL #2 & #3 35°54'02" N 78°47'06" 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.)
6. Describe the existing land use or condition of the site at the time of this application:
Forested
7. Property size (acres): Parcel J is 48 acres in size. The entire Brier Creek project is
approximately 1800 acres in size.
8. Nearest body of water (stream/river/sound/ocean/lake): UT to Little Brier Creek
9. River Basin: Neuse
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
Page 4 of 13
10. Describe the purpose of the proposed work: The purpose of the proposed project is to
install an access road and sanitary sewer service necessary to develop the site commercially.
Site plans for the individual commercial lots have not been finalized.
11. List the type of equipment to be used to construct the project: Conventional heavy
equipment will be used to construct the road and install the sanitary sewer line.
12. Describe the land use in the vicinity of this project: The area across Lumley Road and
northeast of the site is forested. A commercial center is located northwest, and I-540 bounds
the site to the east.
IV. 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
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously. issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer 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.
S&EC delineated the wetlands on Parcel J in September of 2000. Ms. Amanda Jones of the
M 16,
USACE verified the wetland boundaries depicted on the Wetland Impact Map on Febru
2001. However a sign-off quality survey of the wetland delineation is not vet available. Parcel
J is a part of the overall Brier Creek assemblage. Previous permits issued for the Brier Creek
assemblage are summarized on the attached Table 1.
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
application: Parcel B is also part of the Brier Creek assemblage and in the process of
development. Impacts to riparian buffers and wetlands are anticipated where no practical
alternative exists. However, impacts to stream channels may be avoided through the use of
bottomless arch culverts. Development plans for Brier Creek be oy nd the proposed and
aforementioned project are speculative at this time.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
Page 5 of 13
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Wetland Impacts
Two data forms completed for the proiect are attached.
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres Located within
100-year Floodplain**
(es/no) Distance to
Nearest Stream
linear feet
Type of Wetland***
# 1 permanent filling 0.15 yes 32 bottomland hardwood
# 2 permanent filling 0.003 yes 75 ephemeral wetland
# 3 permanent filling 0.001 yes 120 ephemeral wetland
?fL
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mecnamzea clearing, graamg, nil,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.femagov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: 0.667
Total area of wetland impact proposed: 0.16 acre
2. Stream Impacts, including all intermittent and perennial streams***
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
lease specify)
NA
*** The proposed project will not impact stream channels. The proposed access road will be constructed using arch
culverts, and aerial crossings will be used for the sanitary sewer line.
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net losstgain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com
www.mmuest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: NA
Page 6 of 13
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
NA
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. 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.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): NA
Size of watershed draining to pond: NA Expected pond surface area: NA
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
A fixed tie-in point and 100-foot tangent reauirement at Lumlev Road prevented avoidance
of the floodplain wetlands that will be impacted by the proposed access road. Impacts to stream
channels were avoided by the use of bottomless arch culverts. Please refer to the attached letter
by Mr. Paul Herndon of Brier Creek Corporate Center Associates, which exnlains the site
limitations that require impacting riparian buffers. Additionally, riparian buffers will be
maintained throughout the site as required by the Neuse River Basin Riparian Buffer Rule.
Page 7 of 13
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to 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
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions 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
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
httl2://h2o.enr.state.nc.us/ncwetlands/stringide.html.
1. 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 more space is needed.
The applicp ant proposes to preserve the remaining wetlands 0.507 acre) and approximately
20 acres of bottomland hardwood forest within the floodplain of Parcel J. Because the
applicant has avoided stream channel impacts through the use of bottomless arch culverts,
plans to preserve the floodplain and remaining; wetlands as open space, maintain the riparian
buffers on all intermittent and perennial stream channels on Parcel J as required by the NRB
riparian buffer rule, and comply with the City of Raleigh's Local Stormwater Program for
Nitrogen Control, S&EC does not believe compensatory mitigation should be required by the
USACE for this project. Should this application be approved, cumulative permanent impacts
(NWP 14, 26, & 39) to waters of the US for the entire Brier Creek assemblage equal 0.763
acre, which is below the threshold for mitigation established by NC DM. Because impacts
to riparian buffers on the site exceed the 150 linear feet and 0.33 acre of riparian buffer,
buffer mitigation will be required. The applicant proposes to make a payment to the Riparian
Buffer Restoration Fund.
Page 8 of 13
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at hun:/Wo.enr.state.nc.mgwipLmdex 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):
Amount of buffer mitigation requested (square feet): 162,513
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX.
Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ? No
X.
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 ?
If yes, has the document review been finalized 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 (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify 1?
Page 9 of 13
Yes ® No ? If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* (s uuaarre feet) Multiplier Mit gation
Impact A
1 18,232 3 54,696
2 4,469 1.5 6,704
Total 22,701 61,400
Impact AB
1 918 3 2,754
2 397 1.5 596
Total 1,315 3,350
Impact B
1 14,638 3 43,914
2 3,407 1.5 5,111
Total 18,045 49,025
Impact C
1 14,270 3 42,810
2 3,952 1.5 5,928
Total 18,222 48,738
Overall Total 60,283 162,513
• "Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Lf 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 2B .0242 or .0260.
Payment into the Riparian Buffer Restoration Fund
XI. Stormwater (DWQ Only)
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.
The site is currently_ undeveloped and does not contain impervious acreage. There are three lots
within Parcel J located outside of the floodplain area that are planned for commercial
development. Once developed, each lot is expected to consist of 70-75% impervious area.
However, the impervious area of the entire Parcel is estimated to be 41% based on preliminary
plans. Riparian buffers, an undisturbed floodplain and compliance with the City of Raleigh's
Local Stormwater Program for Nitrogen Control are expected to protect surface waters and
wetlands downstream of the property.
Page 10 of 13
XII. Sewage Disposal (DWQ Only)
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.
Municipal sanitary sewer system
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 211.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
/.z V/ o
Applic t/Agent's Si ure Dade Ma= (Agent's is valid only if an authorization letter from the applicant is provided.)
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell Union
US Army Corps of Engineers Avery Clay Jackson Polk Watauga
151 Patton Avenue Buncombe Cleveland Lincoln Rowan Yancey
Room 208 Burke Gaston Macon Rutherford
Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley
Telephone: (828) 271-4854 Caldwell Haywood McDowell Swain
Fax: (828) 2714858 Catawba Henderson Mecklenburg Transylvania
Page 11 of 13
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham Wilson
US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes Yadkin
6508 Falls of the Neuse Road Ashe Franklin Nash Surry
Suite 120 Caswell Forsyth Northampton Vance
Raleigh, NC 27615 Chatham Granville Orange Wake
Telephone: (919) 876-8441 Davidson Guilford Person Warren
Fax: (919) 876-5283 Davie Halifax Randolph Wilkes
Washington Regulatory Field Office Beaufort Currituck Jones Pitt
US Army Corps Of Engineers Bertie Dare Lenoir Tyrrell
Post Office Box 1000 Camden Gates Martin Washington
Washington, NC 27889-1000 Carteret* Green Pamlico Wayne
Telephone: (252) 975-1616 Chowan Hertford Pasquotank
Fax: (252) 975-1399 Craven Hyde Perquimans *Croatan National Forest Only
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Telephone: (910) 251-4511 Columbus Moore Sampson
Fax: (910) 251-4025 Cumberland New Hanover Scotland
US Fis
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: (919) 8564520
h and Wildlife Service / National N
US Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Telephone: (828) 665-1195
[arine Fisheries Service
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, NC 28516
Telephone: (252) 728-5090
North Carolina State Agencies
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Telephone: (919) 733-1786
Fax: (919) 733-9959
Division of Water Quality
Wetlands Restoration Program
1619 Mail Service Center
Raleigh, NC 27699-1619
Telephone: (919) 733-5208
Fax: (919) 733-5321
CAMA and NC Coastal Counties
State Historic Preservation Office
Department Of Cultural Resources
4617 Mail Service Center
Raleigh, NC 276994617
Telephone: (919) 733-4763
Fax: (919) 715-2671
Division of Coastal Management Beaufort Chowan Hertford Pasquotank
1638 Mail Service Center Bertie Craven . Hyde Pender
Raleigh, NC 27699-1638 Brunswick Currituck New Hanover Perquimans
Telephone: (919) 733-2293 Camden Dare Onslow Tyrrell
Fax: (919) 733-1495 Carteret Gates Pamlico Washington
Page 12 of 13
NCWRC and NC Trout Counties
Western Piedmont Region Coordinator Alleghany Caldwell Watauga
3855 IdIewild Road Ashe Mitchell Wilkes
Kernersville, NC 27284-9180 Avery Stokes
Telephone: (336) 769-9453 Burke Surry
Mountain Region Coordinator Buncombe Henderson Polk
20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford
Waynesville, NC 28786 Clay Macon Swain
Telephone: (828) 452-2546 Graham Madison Transylvania
Fax: (828) 506-1754 Haywood McDowell Yancey
Page 13 of 13
Project #: Scale:
97.3165 1" = 2000'
Mgr.: JAB 1 4116101
Figure 1
Location Map
Brier Creek Corporate Center
Raleigh, Wake Co., NC
Soil & Environmental Consultants, Inc.
11010 Raven Ridge Rd.- Raleigh, NC 27614
(919) 846-5900 • (919) 846-9467
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Soil & Environmental Consultants, Inc.
11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467
Web Page: www.SandEC.com
AGENT AUTHORIZATION FORM
All Blanks To Be Filled In By The Current Landowner
Name: t t'1-t ev_ Cetssl° tZ Rp ?TL C rx. r ?u Psi . LP
Address: cZ0 i64-6C K)t? ?S-rkT? ??- u1caZS 23 A h? ta ,aVy___D15
Phone:
Project Name/ Description: Brier Creek Parcel T/S&EC Project No. 3165
Date: 17- of
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
P.O. Box 1890
Wilmington, NC 28402
Attn: Amanda Tones
Field Office: Raleigh
Re: Wetlands Related Consulting and Permitting
To Whom It May Concern:
I, the current ro er owner, hereby designate and authorize Soil & Environmental Consultants, Inc. to
act in my behalf as my agent in the processing of permit applications, to furnish upon request
s lemental information in support of applications, etc. from this day forward. The /.1/% day of
up
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This notification supersedes any previous correspondence concerning the agent for this project
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for
government officials to enter the property when accompanied by S&EC staff. You should call S&EC
to arrange a site meeting prior to visiting the site.
PAUL 1. , 4,aw?
Print Property Owner's Name
c: Mr. John Dorney
NCDENR - DWQ
2321 Crabtree Boulevard
Raleigh, NC 27604
Wetland Delineation/Permitting/Mitigation Soil/Site Evaluations
Neuse Basin and Watershed Buffer Evaluations
Property Owner's Signature
c: Ms. Jennifer A. Burdette
Soil & Environmental Consultants, Inc.
blank agent auth form.doc
On-Site Septic Systems Environmental Assessments/Audits
Groundwater Hydrology Endangered Species
Western Branch Offices: (828) 635-5820 • (828) 312-7902 • (704) 516-3922
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Wetland Delineation Performed By: Soil & Environmental Consultants, Inc.
11010 Raven Ridge Road 231 16th Avenue NE
Raleigh, North Carolina 27614 Hickory, North Carolina 28601
(919) 846-5900 (704) 322-6700
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Brier Creek-Parcel J / S&EC#: 3165A Date: 5/24/01
Applicant/Owner: Brier Creek Corporate Center County: Wake
Investigator: J. Burdette State: North Carolina
Do Normal Circumstances exist on the site? x Yes No Community ID: Bottomland Hwd Forest
Is the site significantly disturbed (Atypical Situation)? Yes x No Transect ID: Upland - Flag 114
Is the area a potential Problem Area? Yes x No Plot ID: Upland
(If needed, explain on reverse.)
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Fraxinus pennsylvanica TREE FACW 9.
2. Ulmus americana SAPLING FACW 10.
3. Carpinus caroliniana SAPLING FAC 11.
4. Boehmeria cylindrica HERB OBL 12.
5. Eulalia vimineum HERB FAC+ 13.
6. Vids rotundifolia VINE FAC 14.
7. 15.
8. 16.
Percent of Dominant Species that are OBL, FACW,or FAC
(excluding FAC- : 100%
Remarks:
HYDROLOGY
-Recorded Data: Wetland Hydrology Indicators:
-Stream, Lake or Tide Gauge Primary Indicators:
-Aerial Photographs -Inundated
-Other -Saturated in Upper 12 Inches
-Water Marks
X No Recorded Data Available -Drift Lines
-Sediment Deposits
-Drainage Patterns in Wetlands
Field Observations: Secondary Indicators (2 or more required):
-Oxidized Root Channels in Upper 12 Inches
Depth of Surface Water: NA (in.) -Water-Stained Leaves
-Local Soil Survey Data
Depth to Free Water in Pit: >16 (in.) _FAC-Neutral Test
-Other (Explain in Remarks)
Depth to Saturated Soil: >16 (in.)
Remarks:
Y_ ' 1 Wetland Delineation Performed By: Soil & Environmental Consultants, Inc.
11010 Raven Ridge Road 231 16th Avenue NE
Raleigh, North Carolina 27614 Hickory, North Carolina 28601
(919) 846-5900 (704) 322-6700
Project/Site: Brier Creek-Parcel J / S&EC#: 3165A
SOILS
Plot ID: Upland - Flag 114
Map Unit Name Drainage Class: somewhat poorly
(Series and Phase): Chewacla Field Observations
Taxonomy (Subgroup): Fluvaguentic Dystrochrept Confirm Mapped Type? _ Yes _ No
Profile Description:
Depth Matrix Color Mottle Color Mottle Texture, Concretions,
(inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
0-9 Al 7.5YR4/4 Loam-
9-16 A2 10YR5/4 7.5YR4/6 Many/prominent Sand loam
Hydric Soil Indicators:
_Histosol -Concretions
_Histic Epipedon -High Organic Content in Surface Layer in Sandy Soils
_Sulfidic Odor -Organic Streaking in Sandy Soils
_Aquic Moisture Regime -Listed on Local Hydric Soils List
-Reducing Conditions -Listed on National Hydric Soils List
_Gleyed or Low-Chroma Colors -Other (Explain in Remarks)
Remarks:
WETLANDS DETERMINATION
Hydrophytic Vegetation Present? x Yes _No
Wetland Hydrology Present? -Yes x No
Hydric Soils Present? -Yes x No
Is this sampling point within a wetland?
-Yes x No
Remarks:
i D{ s
Wetland Delineation Performed By: Soil & Environmental Consultants, Inc.
11010 Raven Ridge Road 231 16th Avenue NE
Raleigh, North Carolina 27614 Hickory, North Carolina 28601
(919) 846-5900 (704) 322-6700
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Brier Creek-Parcel J / S&EC#: 3165A Date: 5/24101
Applicant/Owner: Brier Creek Corporate Center County: Wake
Investigator: J. Burdette State: North Carolina
Do Normal Circumstances exist on the site? x Yes No Community ID: Bottomland Hwd Forest
Is the site significantly disturbed (Atypical Situation)? Yes x No Transect ID: Wetland Flag 114
Is the area a potential Problem Area? -Yes x No Plot ID: Wetland
If needed, explain on reverse.
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Betula nigra TREE FACW 9.
2. Ulmus americana TREE FACW 10.
3. Liquidambarstyraciflua TREE FAC+ 11.
4. Fraxinus pennysylvanica SAPLING FACW 12.
5. Carpinus caroliniana SAPLING FAC 13.
6. Eulalia vimineum HERB FAC+ 14.
7. Vitis rotundifolia VINE FAC 15.
8. 16.
Percent of Dominant Species that are OBL, FACW,or FAC
excludin FAG : 100%
Remarks:
HYDROLOGY
-Recorded Data: Wetland Hydrology Indicators:
-,Stream, Lake or Tide Gauge Primary Indicators:
-Aerial Photographs -Inundated
-Other x Saturated in Upper 12 Inches
Water Marks
X -No Recorded Data Available -Drift Lines
Sediment Deposits
x Drainage Patterns in Wetlands
Field Observations: Secondary Indicators (2 or more required):
Oxidized Root Channels in Upper 12 Inches
Depth of Surface Water: NA (in.) x Water-Stained Leaves
-Local Soil Survey Data
Depth to Free Water in Pit: 10 (in.) _FAC-Neutral Test
-Other (Explain in Remarks)
Depth to Saturated Soil: 7 (in.)
Remarks:
,, 1 < 7
Wetland Delineation Performed By: Soil & Environmental Consultants, Inc.
11010 Raven Ridge Road 231 16th Avenue NE
Raleigh, North Carolina 27614 Hickory, North Carolina 28601
(919) 846-5900 (704) 322-6700
Project/Site: Brier Creek-Parcel J / S&EC#: 3165A
cnu S
Plot ID: Wetland - Flag 114
Map Unit Name Drainage Class: somewhat poorly
(Series and Phase): Chewacla Field Observations
Taxonomy (Subgroup): Fluvaquentic Dystrochrept Confirm Mapped Type? _ Yes _ No
Profile Description:
Depth Matrix Color Mottle Color Mottle Texture, Concretions,
(inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
0-6 Al 7.5YR4/4 Loam
6-13 A2 10YR4/2 10YR4/6 Many/prominent Sand loam
Hydric Soil Indicators:
_Histosol -Concretions
_Histic Epipedon -High Organic Content in Surface Layer in Sandy Soils
_Sulfidic Odor -Organic Streaking in Sandy Soils
_Aquic Moisture Regime -Listed on Local Hydric Soils List
-Reducing Conditions -Listed on National Hydric Soils List
x Gleyed or Low-Chroma Colors -Other (Explain in Remarks)
Remarks:
WETLANDS DETERMINATION
Hydrophytic Vegetation Present? x Yes _No
Wetland Hydrology Present? x Yes _No
Hydric Soils Present? x Yes _No
Is this sampling point within a wetland?
x Yes _No
Remarks:
North Carolina Division of Water Quality
Attn: John Dorney
2321 Crabtree Blvd.
Raleigh, NC 27604
Subject: `J' Street No Practical Alternative Letter
Brier Creek Development, Parcel J Office Park
Raleigh, North Carolina
This letter has been provided to explain why there is no practical alternative to the Brier
Creek Corporate Center Access Road (Parcel `J' Street) alignment. The purpose of the
Parcel J Street is to provide necessary road access to land parcels that have been
landlocked through the construction of I-540.
A controlled access tie-in point at Lumley Road that was dictated by NCDOT to line up
with the I-540 on and off ramps necessitates the crossing of Little Brier Creek. We were
unable to align the crossing perpendicularly due to City of Raleigh's standards that
require a 100-foot straight section (100-foot tangent) from the intersection at Lumley
Road and the proximity of the stream to the tie-in point. Both the NCDOT controlled
access and the City of Raleigh's 100-foot tangent are required for traffic safety purposes.
The applicable portion of the City of Raleigh's road construction standards is attached for
your reference.
It is also very important to note that the stream channel could not be relocated to
minimize the impacts presented by the fixed tie-in point because its sediments are
contaminated with PCBs. Via an approved Prospective Purchaser Agreement,
coordination with the Environmental Protection Agency (EPA) is required to prevent
significant disturbance of the contaminated sediments. In order to prevent direct impact
to the stream channels, all three crossings will be constructed using arch culverts. The
EPA has reviewed and approved this alignment as well as the work plan for the
construction of the Parcel J Street.
The two remaining crossings are necessary to provide access to areas of the property that
are separated by stream channels. Unfortunately, these crossing could not be designed
perpendicularly to the stream due to the City of Raleigh's minimum curve radius of 395
feet. A curve radius of 220 feet would be necessary to achieve a perpendicular crossing
at the second crossing of the unnamed tributary Little Brier Creek, and 150 feet would be
necessary to achieve a perpendicular crossing of the second unnamed tributary to Little
Brier Creek. The applicable portion of these standards is also attached.
Throughout the design process, our civil engineers have adapted the alignment of the
road to minimize its impacts. However, given the design restrictions stated above and the
space constraints presented by the property, they were unable to adjust the current design
to further minimize impacts to Neuse River Buffers. Therefore, we respectfully request
your approval of the proposed alignment and impacts. Please feel free to contact me with
any questions or comments.
Sincerely,
Brier Creek Co orate CenterAssociates, L.P.
Paul Herndon
Vice President
CITY OF RALEIGH
Streets, Sidewalks, and Driveway Access
Handbook
2
W" S -
//4
Department of Transportation
1995
v, S, !.
4.2 DEAD-END STREET DESIGN
Minimum dimensions for circular cul-de-sac streets are shown in Figure 7.
Alternative turn-around designs on residential streets serving six (6) dwelling
units or less may be considered on a case by case basis. Alternative designs
must readily accommodate emergency vehicles and sanitation trucks.
Medians may be permitted where the cul-de-sac radius is increased and it can
be demonstrated that emergency vehicles and sanitation trucks can be
accommodated. Landscaped medians will not be maintained by the City and a
private maintenance agreement for the median shall be required to be approved
by the City Attorney.
4.3 HORIZONTAL STREET DESIGN
Design criteria for design speed, centerline radius, reverse curve tangent
distance and maximum superelevation rates for streets are summarized in Table
4. Superelevation rates, minimum runoff lengths and methods of distribution
should be in accordance with AASHTO guidelines.
The minimum tangent length of an approaching intersection should be fifty (50)
feet for local access system streets. aAll higher :system streets shall have a'
tangent section nos: less . than one hundred (106) feet approaching---the
intersection. Tangent lengths shall be measured from the intersection of the two
rights-of-way.
4.4 VERTICAL STREET DESIGN
Wherever practical, streets should follow the existing contours of a site so as to
avoid excessive grading and removal of existing vegetation. Street graces shall
not be less than three-quarters of one percent (0.75%). Standards for vertical
street design are listed in Table 5.
At signalized intersections, the maximum grade approaching the intersection
should not exceed two (2) percent and extend a minimum distance of two
hundred (200) feet in each direction measured from the outside edge of travel
way of the intersecting street. For intersections not controlled by a traffic signal,
the maximum grade approaching the intersection should not exceed five (5)
percent and extend a minimum distance of 100 feet in each direction.
28