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HomeMy WebLinkAbout20020136 Ver 1_COMPLETE FILE_20020129o ?? W A r?Rpi, Michael F. Easley Governor William G. Ross, Jr., Secretary Department of Environment and Natural Resources Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality March 13, 2002 DWQ# 02-0136 Wake County David Webb SAS Institute, Inc. SAS Campus Drive Cary, NC, 27513 APPROVAL of 401 Water Quality Certification and Neuse River Buffer Rules with Additional Condition Dear Mr. Webb: You have our approval, in accordance with the attached conditions, to place fill in 110 linear feet of streams in order to construct a pedestrian walkway on an unnamed tributary to Reedy Creek, connecting SAS Buildings U and T, in Wake County, as described in your application received by the Division of Water Quality on January 29, 2002. After reviewing your application, we have determined that this fill is covered by General Water Quality Certification Number 3289, which can be downloaded from our web site at http://h2o.enr.state.nc.us/ncwetlands . 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. If you change your project, you must notify us in writing and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the 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). For this approval to be valid, you must follow the conditions listed in the attached certification as well as the additional conditions listed below: 1. An additional condition is that stormwater shall be directed to diffuse flow at non-erosive velocities through the protected stream buffers. 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. 27611-7447. 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 Steve Mitchell in our Raleigh Regional Office at 919-571-4700 or Cyndi Karoly in the Central Office at 919-733-9721. Attachments Sincerely, Gregory J. Thorpe, Ph.D. cc: Corps of Engineers Raleigh Field Office Raleigh DWQ Regional Office Central Files File Copy George Finch, 309 N. Boylan Ave., Raleigh, NC, 27603-1402 020136 North Carolina Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location) MEMORANDUM TO: John Dorney Regional Contact: Steve Mitchell Non-Discharge Branch WQ Supervisor: Ken Schi,ster Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name SAS/ U-T Pedestrian walkway Project Number 02 0136 Recvd From APP Received Date 1/29/02 Recvd By Region Project Type pedestrian crossing County Wake County2 Region Raleigh Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. ME 14 Stream O Y _@)N F- 27-45-10 FC NSW 30,404. F- 1 10.00 F_ 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 Recommendation: OQ Issue 0 Issue/Cond 0 Deny Provided by Region: Latitude (ddmmss) 354916 Longitude (ddmmss) 784511 Comments: Looks like a long stream crossing for a pedistrian walkway but it is steep . cc: Regional Office Central Office Page Number 1 EORGE FINCH/Bonev and Associates. PA 309 N. Boylan Avenue, Raleigh, Noah Carolina 27603-1402 landscape architecture Post Office Box 10472, Raleigh, North Carolina 27605-0472 engineering surveying Tel 919/833-1212 Fax 919/834-3203 1.3 ?1- Date: 29-Jan-02 To: Division of Water Quality 401/Wedands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Via: Our Messenger Cc: Mr. Pete Flood, SAS Institute Inc. From: George Finch, ASLAZ* Re: SAS/U-T PEDESTRIAN WALKWAY f Ing Items Transmitted: Check 115569 - Submittal fee of $200.00 7 Copies - Pre-Construction Notification (PCN) Application Form 7 Copies - Sheets L-1, L-2 and L-3 These items are transmitted for your approval. Date: 1131 ??- To: MRO Steve Mitchell ?FRO Ken Averitte ?WaRO Deborah Sawyer ?WiRO Joanne Ste=nhuis ?WSRO Jennifer Frye ?ARO Mike Parker ?MRO Pete C'olwe7 Triage Check List Froje-.;t Name ??'S G //ll11 DWQ Project 1N ter Q a - rte/ 3 County From: r1?? Tei=cifune (9191 733- The file attache-` is being for ardGz' tc you fcr your evaluate- Please Cal if you rid assistance. ? Stream length irncaz ed ? Stream determiri:_io ? Wetland determiri-=fi? and de=-c--- tc Nue-line s;r=.--ce wad rr USGIN loco maps ?Minimiz--5on/avoica-Ue issue Buffer Rules e s= T ar-Fam li=, Casaba, Randfen. an) ? Pond fiil ? Mitiaaticn Ratics ? Ditching ? Are the stream arrf o')Ni:taz " sites ava fe and srabf=% ? Check drawings frr. @:;r y ? Is the application crsis' i -=r,?gfi?tion meetings? ? Cumulative impact errs Comments j. w. S Q 'Dlei -4 - ---- _ ?._ __?..? - ---- --- --- ----- t/ I _ ?...?. -7 P" Office Use Only: Form Version October 2001 USACE Action ID No. DWQ No. If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving the space blank. I. Processing 1. Check all of the approval(s) requested for AA project: ? Section 404 Permit ? Section 10 Permit X 401 Water Quality Certification X Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: NWT 14 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 Owner/Applicant Information Name: SAS Institute Inc. Mailing Address: SAS Campus Drive Cary, N.C. 27513 Attn: David Webb, P.E. Telephone Number: 919/531-7667 Fax Number: 919/677-8229 E-mail Address: david.webb a,sas.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: N/A Company Affiliation: Mailing Address: Telephone Number: E-mail Address: Fax Number: Page 5 of 12 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: SAS/U-T Pedestrian Walkway 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 0775330737 4. Location County: Wake Nearest Town: Cary Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): From I-40, south on Harrison Ave.. '/a mile turn left onto SAS Campus Dr., continue 1-mile to project on right side of road. 5. Site coordinates, if available (UTM or Lat/Long): 35°49' 16"N and 78°45' 1 VV (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: Roadway fill slope occupies one side of the stream with natural conditions (steep slope) on the other side. Site is adjacent to office building nearing completion. 7. Property size (acres): 42.7 acres total 8. Nearest body of water (stream/river/sound/ocean/lake): Reedy Creek 9. River Basin: Neuse River Basin (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 6 of 12 10. Describe the purpose of the proposed work: To provide a pedestrian walkway crossing the subject stream in a location that will provide direct access for the occupants of SAS Building U to the dining facilities located at SAS Building T. The directness and ease of access will contribute to more pedestrian movement on the campus and less dependence on automobiles to travel between buildings. The selected route was analyzed extensively to address the elevation change from one building, down to the street and back up to the other building. thus limiting the number of steps and any excessive slopes that would become a deterrent to the acceptance and daily use of the walkway. 11. List the type of equipment to be used to construct the project: Track mounted backhoe and front-end loader 12. Describe the land use in the vicinity of this project: Owner occupied corporate headquarters in multi-building campus setting. 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. None V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application: 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 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. Page 7 of 12 1. Wetland Impacts 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*** N/A • List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, 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 hqp://www.fema.pov. ••' 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: Total area of wetland impact proposed: 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) Only Location Culvert 1101+/- UT/Reedy Creek 2' +/- Perennial " 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 Uf (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.usias.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, )yww.mapquest. pIp, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 110'+/- Page 8 of 12 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 Waterbod y (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. N/A * 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.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) 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. This location was chosen to minimize the vegetative disturbance necessary for construction. On the northeast side of the stream, the fill slope for SAS Campus Drive extends the entire distance into the buffer and to the edge of the stream with minimal streambank vegetation. After culvert installation, affected streambanks will be vegetatively stabilized, and allowed to naturalize with monitoring for any subsequent erosion. Rip-rap will be placed around the culvert inlet and at the outlet for protection from erosive stream velocities. 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. Page 9 of 12 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 http://h2o.enr.state.nc.us/ncwetiands/strmmide.htmi. 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. N/A 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 http://h2o.enr.state.nc.us?wrp/index.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): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): Page 10 of 12 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 ? X. 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 )? Yes X 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* Impact (square feet Multiplier Required Mitigation 1 4680 sf (0.11 A) 3 2 1804 sf (0.04 A) 1.5 Total 6484 sf (0.15 A) * 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. Page 11 of 12 If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or.0260. 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. Impervious Area: 487.530 sfExisting _(11.2 Acres)/490,650 sfProposed (11.3 Acres) No proposed stormwater controls. 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. XIH. Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No X Is this an after-the-fact permit application? Yes ? No X 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). N/A 011V1 .02- Applicant/Agent's- igriature v Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 GEORGE FINCH/BONEY & ASSOCIATES, P.A. N.C. Division of Water Quality 557 /101 r,. 1/29/2002 =2921 y WACH-CHK SAS/U-T Pedestrian Walkway 5569 200.00 200.00 REVISIONS i ~ a...~ ~ . 9 ~ e J ~I ~ do ~ ~ \ ~ a w / ~ ~Q ~ vti F~7 E G ~I BUILDING T 0 0 ~ m ~ ~ ~ ~ ~ o ~ ~ - ~ BUILDING U o ~ x ~ . o w~K A ueweweuserrew~ x ~ \ w p ? Q'+ 4 ea reuse ~ ~ W 0 41 ~ a9 ar owo (,y (y ~ 4 z ~ ~ ° c ~ 0 o wave eor. aRVer,.:::. G'~ ~ ~ o ~ . ~ o ea eueeMer cows 0 0 . wuseaaiereoulnwr 0 0 ea reuse e,,r~ea 0 0 ? way ca.rrrr BoN. eur~sr o rf o , ~ ~ ~ i. Z e~~ ii 100 rE~e RMI7r 8ll11'Qt UBOB 8L1.eil1~' 8((~AM . v ...::'A?K'..~ wasoamreo~arrvuer I N ~e~ Li. vI 7 l/'^) v ~ I DC ~ wMe! COIrRY 801E 8UHlY ¢t~~,,j11 n i n r,~yl 1 N ~pR r, ( asses O ~i irri : ~ i ~N fr yi ,.rJ I . i ~ . 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Y ~ ;~q~e~~~6,y®b 9ti0CP0~0 ~ I hl ~ M !ry . ~ M ~ ~ ~ M ~ re tl'.~~4 Y1° ~~~P y C. q r'~'` a ~r 9 ~ 0+O(? 1+00 2+00 3+00 4+03 C.~ eA 4 e m wt f+~y n y o~ ~ ` ~ rf ~ 'aarev~rad ~~~~E7UNl1 ~ PR~.IMINARY coNC~TUaJ. slr~ ~.alv scaLE, DRAWN BY CM? VERTICAL I' - 4' CHECKED BY GMF HORIZONTAL 1"- 20' PROPOSED PROFILE PROJECT NO. 98026-01 HM 0' VMT I. , 4 DATE 14 DEC, 2001 IL1 1z r •2 SHEET