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HomeMy WebLinkAbout20020249 Ver 1_Complete File_20020219---?-OF W A T FR \O? QG Michael F. Easley Governor co 7 > William G. Ross, Jr., Secretary Department of Environment and Natural Resources O ? Gregory J. Thorpe, Ph.D. Division of Water Quality April 1, 2002 DWQ# 02-0249 Gary McKonkey Wake County Town of Knightdale 950 Steeple Square Court Knightdale, NC, 27545 APPROVAL of 401 Water Quality Certification and Neuse River Buffer Rules Dear Mr. McKonkey: You have our approval, in accordance with the attached conditions, to place fill in 0.0663 acre of wetlands and 162 linear feet of intermittent and perennial streams in order to construct a road crossing at Lauren's Way in Wake County, as you described in your application received by the Division of Water Quality on February 19, 2002. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Numbers 3375, which can be viewed on our web site at htto://',2o.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 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 :o) Sediment and Erosion Control, Coastal Stormwater, 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 wring and you may be required to send us a new application for a new certification. If the property is sold, the new owner r"'ust be guen a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetly ,d fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 1 5A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certificatioq If you do not accept any of e conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive his letter. To ask for a hearing. send a written petition which conforms to Chapter 150B of the North Carolina Genera! 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 rev-eei of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Steve Mitcrell or Debbie E-.r,ards in our Raleigh Regional Office at 919-571-4700 or Cyndi Karoly in our Central Office at 919-733-972' . Attachments Si er?!v. i r y J Thorpe, Ph.D. cc: Corps of Engineers Raleigh =-=_-gulatory Field Office Raleigh DWQ Regional Office Central Files File Copy Sean Clark, 11010 Raven Ricr__e Road_ Raleigh, NC, 27614 020249 North Carolina Division ± Plate! D_ajity. 431 V/etlands C.^fcanon Urn. 1650 Mail Seriice Cer- Ralext.- `1C 2789C_16_';0 gA_:3ir-.1 Address, 2321 Crabtre= Bivd., Fa.-gh, %C %75042250 (L o:ationi 919-733-172 phene' :"3-733 r 3 (fa_x). h,tpJ/h2o ?-r.-2t5.nc._s.-&sya^ds.l Re: What Else Subject: Re: What Else Date: Tue, 26 Mar 2002 13:19:25 -0500 From: Steve Mitchell <steve.mitchell@ncmail.net> To: Cyndi Karoly <cyndi.karoly@ncmail.net> Yeah. 02-0243 had three numbers. One each for each of the three crossings. Looked in File maker and found the extra #'s were reassigned. 02-0174, 02-10249, & 02-0255 should beOK to issue. Cyndi Karoly wrote: > Steve, filemaker has your name entered, but the comments are missing for > 02-0174, 02-0249 and 02-0255. I'm totally confused with regards to > 02-0245 and 0244. The database is showing 02-0245 as Wade Carroll and > 02-0244 as Kim Sung Wan. Both are on hold but of course the damned files > aren't where they should be. So you somehow got these all under the same > number 02-0243? > Steve Mitchell wrote: > > Look at 02-0127, 02-0174, 02-0215, 02-0243-44-45, 02-0249, 02-0255, & > > 02-02,72 I of I 3/28/02 9:15 A Wetlands Tracking Facility Name Lauren's Way I County Wake Project Number 02 0249 County2 0Inactive Region Raleigh Project Type purpose of road extension I DCM Office Location UT to MIngo Creek Knightdale I COE Office Raleigh „ # Last Pty . Total Total Total, Total Mit 01a f"} Recvd Sent to Recvd Action: 401 401 F Mit Recvd From Date Region Region Date Last Action Acres Feet Acres Feet ` = nswctl6oifvlolatlons Inspection Date Inspector Total for Compliant Letter Type sect: **11 ?tL 'Al l YYf 1 Date Sent Reply Date Current St ?; ` Soil & Environmental Consultants, PA 11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467 www FILE COPY SandEC.com !, L ?fl ?1 1, ? i .N February 19, 200; S&EC Project # 00-4685 NCDENR-DWQ US Army Corps of Engineers Attn: Mr. John Dorney Attn: Ms. Amanda Jones 2321 Crabtree Boulevard, Suite 250 6508 Falls of the Neuse Rd., Raleigh, NC 27604 Raleigh, NC 27615 RE: Nationwide Permits 14, 401-Water Quality Certification, and Neuse River Buffer Rules Compliance ?•F?l? l y Lauren's Way Knightdale, Wake County, North Carolina UTM Coordinates: Zone 17, 725640.„ E 3963320m N Dear Mr. Dorney and Ms. Jones: On behalf of The Town of Knightdale (applicant), who will assume responsibility of the proposed road's maintenance, and Greystone Company (land owner), we hereby request authorization from the US Army Corps of Engineers to use Nationwide Pen-nit 14 for the permanent stream channel impacts resulting from the construction of the above referenced Lauren's Way. We also request written concurrence from the NC Division of Water Quality (NC-DWQ) stating that the project complies with the 401-Water Quality Certification associated with Nationwide Permit 14, as well as the Neuse River Riparian Buffer Rules. A Pre-construction Notification Application (PCN) is attached, which includes an agent authorization form. The proposed linear project is an effort to provide interconnectivity throughout the Town of Knightdale (see attached Figure 5, map from the Town of Knightdale) and will provide an alternate route from Highway 64, which can be utilized in case of an emergency. The road is approximately 3200 feet south of Highway 64 and will connect to existing stubs on the east and west of the proposed corridor. The corridor is about 600 feet north of Mingo Creek in Knightdale, Wake County, NC. Please refer to the attached USGS site map. The proposed road will pennanently impact 90 linear feet of perennial stream (Impact 3), 72 linear feet of an intermittent channel (Impact 1), and 0.0663 acre of wetland (Impact 2). Given the current location of the existing stubs on the east and west side of the proposed corridor, the three jurisdictional features must be crossed. The impacts of these crossings have been minimized to the maximum extent practicable. If the road corridor is Charlotte Office: Greensboro Office: Hickok Office: PMB 291, 3020-1 Prosperity Church Road 3817-E Lawndale Drive 910 Boston Road Charlotte, NC 28269-7197 Greensboro, NC 27455 Taylorsville, NC 28681 Phone: (704) 720-9405 Phone: (336) 540-8234 Phone (828) 635-5820 Fax: (704) 720-9406 Fax: (336) 540-8235 Fax: (828) 635-5820 2 moved to the north, larger areas of wetland above impact 1 and impact 2 will be impacted. If the corridor is moved to the south at narrower portion of wetland below proposed Impact 1, a larger portion of the same feature will be impacted to the west. The road at Impact 3 curves north from the existing western stub in order to cross the buffered creek at a perpendicular angle so as to minimize the impacts to the creek and its buffers. The proposed Lauren's Way road corridor is contained within the Robertson-Dement Property. The delineation of this site was approved by Mr. Todd Tugwell (USACE) and was given the Action ID # 20002 1 1 50. The stream buffers were confirmed by Mr. Steve Mitchell of the NC-DWQ on April 20, 2000. A copy of Mr. Mitchell's letter (NBRRO 00-125) is attached. S&EC believes that the construction of this road should be considered a separate project because it is on the thoroughfare plan for the Town of Knightdale. A copy of the Thoroughfare Plan map is attached. No other wetland or stream impacts are proposed for the road corridor within the Robertson-Dement Property. Current DWQ policy requires mitigation if stream impacts to a single tributary exceed 150 linear feet or if wetland impacts exceed 1 acre. Current USACE regulations may require stream mitigation for any impact to important channels or if wetland impacts require notification. Impact 2 only totals 72 linear feet of intermittent channel (i.e. less than 150') and Impact 3 totals 90 linear feet to perennial channels (i.e. less than 150'). Because impacts to perennial channels on property are below 150 linear feet and efforts have been made to minimize impacts to the streams and wetlands, S&EC does not believe that stream mitigation or wetland mitigation will be required. If for some reason stream or wetland mitigation is required, our client proposes payment to the NC Wetlands Restoration Program. DWQ's current policy requires buffer mitigation if buffer impacts exceed 1/3 acre or 150 linear feet per tributary. Because impacts to the stream buffers only total 0.1833 acres (7983 ft), S&EC does not believe buffer mitigation should be required. Sincerely, J dc,? Sean Clark Environmental Scientist Attachments: Pre-construction (PCN) notification form Agent Authorization Forni USGS Site Vicinity Map Wake County Soil Survey Map Impact Map of Lauren's Way corridor Impact Map of buffered stream channel crossing Town of Knightdale Thorough Plan Map NBR letter from Mr. Steve Mitchell $475 Check for 401-water quality processing fee f/It 0 COP OF?F?4 Pre-Construction Notification (PCN) Application Form QG 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/Penn_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.army.miI/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.nc.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 I of 12 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.anny.mil/wetlands/nwpfinalFedReg.pdt: 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.chnr.state.nc.us/ncwetlands/fees.htmi. 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 12 Office Use Only: USACE Action ID No. If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving the space blank. 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: NWP 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 (sec section VIII - Mitigation), check here: ? II. Applicant Information Owner/Applicant Information Name: Town of Knightdale Mailing Address: 950 Steeple Square Court Knightdale. NC 27545 Telephone Number: (919) 217-2241 Fax Number: (919) 217-2249 E-mail Address: 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: Sean Clark Company Affiliation: Soil & Environmental Consultants, Inc. Mailing Address: 11010 Raven Ridge Road Raleigh, NC 27614 Telephone Number: (919)846-5900 Fax Number: (919) 846-9467 E-mail Address: SCI arkLPS and EC. coin DWQ No. Form Version April 2001 Page 3 of' 12 111. 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: Lauren's Way 2. T.I.P. Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): N/A 4. Location County: Wake Nearest Town: Knightdale Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): The proposed road is located approximately 3200 feet south of Highway 64 and is approximately 500 feet north of Mingo Creek in Knightdale NC 5. Site coordinates, if available (UTM or Lat/Long): Zone 17, 7256401n E 3963320,n N (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: The corridor is currently densely vegetated with primary and secondary successional species. 7. Property size (acres): approximately 2.85 acres within proposed right-of-way corridor 8. Nearest body of water (stream/river/sound/ocean/lake): UT to Mingo 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 littp://Ii2o.enr.state.nc.us/admin/maps/.) Page 4 of 12 10. Describe the purpose of the proposed work: The road is part of the Town of Knightdale's interconnectivity efforts and will provide alternate access through properties adjacent to Highway 64. This road is part of Knightdale's Roadway Functional Classification Plan and will connect to existing portions of Lauren's Way currently stubbed off on either side of the proposed corridor. 1 I . List the type of equipment to be used to construct the project: Heavy equipment machinery typically used for road construction and earthwork will be utilized on this project. 12. Describe the land use in the vicinity of this project: The property is bounded to the east and west by residential subdivisions. 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. The jurisdictional determination was combined on the same map as the property currently proposed for commercial development and an undeveloped small portion of property to the north of Highway 64. The following Action ID numbers correspond to these properties: 20002 1 1 50 and 200120442. Mr. Steve Mitchell determined the stream buffers on-site on April 20, 2000 (NBRRO 00-125). A copy of Mr. Mitchell's letter is attached. Action ID # 20002 1 1 50 issues a NWP 39 for use on the northern portion of property. Action ID #200220395 was issued for a road crossing on the northern portion of the property and was considered a separate project. 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: No other permits will be required for this road corridor within the Robertson - Dement Pronertv. 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 it Page 5 of' 12 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. 1. Wetland Impacts Wetland Impact Site Number (indicate on map) Type of Impact* Area of Impact (acres) Located within 100-year** Floodplain es/no Distance to Nearest Stream (linear feet) Type of Wetland*** Impact I Permanent / Fill 0.0663 ac no + 600 feet Emergent (within a cutover) * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, till, 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.feina.gov. *** 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: 0.0663 acre within corridor Total area of wetland impact proposed: 0.0663 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? leasespecify) Impact 2 Fill / Culvert 72' UT to Mingo Creek +4' intermittent Impact 3 Fill / Culvert 90' UT to Mingo Creek +6' 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 loss/gain), 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 arc available through the USGS at 1-800-358-9616, or online at www.usks.i;ov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.mapquest.cotn, etc.). Cumulative impacts (linear distance in feet) to all streams on site: Impact 2 + Impact 3 = Total 90 LF (perennial) + 72 LF (intermittent) = 162 LF Page 6 of 12 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 map) Type of Impact* Area of Impact (acres) (if Name applicable) ody _ Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) N/A N/A N/A N/A 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-clown valve or spillway, etc.): N/A Proposed use or purpose of pond local stormwater requirement, etc.) (e.g., livestock watering, irrigation, aesthetic, trout pond, : N/A Size of watershed draining to pond: N/A Expected pond surface area: N/A 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. The channels and wetlands are beinti crossed as nernendicularly as possible to avoid anv unnecessary impacts. The road is required to connect two existing road stubs to the east and west of the proposed corridor and will provide connectivity in the area and an alternative to Hit?hwav 64. Pagc 7 of 12 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 http•//h2o enr state.nc.us/ncwetlands/strmL,ide.html. 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 impacts to each stream channel are less than 150' and have been minimized as much as possible while staving within acceptable NCDOT parameters. Because no other impacts to these channels have are proposed stream mitigation is not believed to be required. Page 8 of 12 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 hup_I h2o.enr_ tate nc.us/w?-D/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): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A 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 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 213 .0233 (Neuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ® No ? If you answered "yes", provide the following information: Page 9 ol'i 2 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 3,046 fiz 3 N/A 2 4,937 ftz 1.5 N/A Total 7,983 ftz N/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. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 213 .0242 or.0260. N/A (Buffer impacts are less than 1/3 acre.) 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 corridor is for a paved road therefore the impervious surface of the corridor will be greater than 30% Stormwater treatment will comply with the Neuse Buffer Rules. 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. N/A XIII. Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No Page 10 of 12 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 pen-nits. 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). February 19, 2001 - <,a- 6" Applicant/Agent's Signature Date (Agent's signature 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) 271-4858 Catawba flenderson Mecklenburg Transylvania 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 Page I I of 12 US Fis US Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Telephone: (919) 856-4520 h and Wildlife Service / National N US Fish and Wildlife Service Asheville Field Office 160 Zillicoa Street Asheville, NC 28801 Telephone: (828) 665-1195 farine 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 27699-4617 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 NCWRC and NC Trout Counties Western Piedmont Region Coordinator Alleghany Caldwell Watauga 3855 Idlewild 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 12 of 12 Feb 1© 02 04:25p 02/13/2002 10:05 Name: 919 217 2249 p,2 PAGE 02 Environmental Consultants, PA Road • Raleigh, North Carolina 27614 - Phone: (919) 846.5900 • Pax: (919) 846-9467 www.sandEc.com AGENT AUTHORIZATION FORM All Blaws5 To Be Filled In B The Current Laz?dowrter N ?Al? Address: Phone: 21 l ?2' D 1.4 Project Name/ Description: _ L (7 1? 5 Date: The Department of the Army U.S. Array Corps of Engineers, Wilixdngton District P.O Box 1890 Wilmington, NC 28402 Attn: n,an?? .ion S Yield Office: Re: Wetlands Related Consulting and Permitting V (._.._. -fo Whom It May Concern: A 06A r-J 1, the current ttewmm hereby designate and authorize Soil & Bnvironxnental Consultants, PA to act in my behalf as my agent in the processing of permit applications, to furnish upon re uq est) Supplemental information in support of applications, etc. frond this day forward. The ?'T?_ day of This notification supersedes any previous correspondence concerning the agent for this project. NOTICE: This authorization, for liability and professional courtesy reasons, a valid only for government officials to enter the, property when accompanied by S&EC staff. You should call S&EC to arran e a site meetin prior to visiting, the site. mQ- TrbW +J Df N 1 b"HT OA 1_+r A,???1 L Go v 1/ 4 -s3 V - Print Property Owner's Name % Property wrier's Signature cc: Mr. John Domey cc. Mr. Kevin Martin NCDF-NR - DWQ Soil & Environmental Consultants, PA 2321 Crabtree Boulevard Raleigh, NC 27604 Qt,ensjloro OPFicc: '?j Chgrlone Office: 910 Boston Road PNIB 291, 3020-1 Prosperity Church Road 3817•E Lawndalt: Arrive lVorsvllle, NC 28681 Charlotte, NC 28269.7197 Greeruboro, NC 27455 phone (82g) 635-5820 Phone' (704) 720-9405 Phone: (336) 540-8234 Pax: (628)635-5820 Cax ('104) 720-9406 Fax: (336) 540.8235 64qw-f,/?7 Ak)r yF_gmirTiNL l? N 11a?'COA ? ?? s S 1 ?? Knightdale Planning Dept. 9198469467 SWC } \? a \ ? ??? - ?_- J ? ? A?_, -1 ` - - ? ? i <•_ ?? ? \ j ? \ - ???, \ J_Y so' z5O \? ??l 1 \\ J/\/ ? \I • ? r -S - 250 /1 (/ 300 _ - J -_ / \ \ ( III V \\ 11 11 .. ( 11 l? ? Itl ' < d 27 1 _V Ye II ? ?i Op -_ II? - I(A 300 V - III 411 \ - /?"? `• , ?/ `1\l 1 ? •? i l 7 _ >P P n eS _ ? 5? ? 2 - f 2 _ _ ?Cerri? Or 3 00 Raleigh East, NC and Knightdale, NC Quads ' Scale: = 000' Figure 1- USGS Soil & Environmental Consultants, PA Topographical Map 11010 Raven Ridge Rd.O Raleigh, NC 27614 Lauren's Way (919) 846-5900 1)(919) 846-9467 Knightdale, Wake Co., NC Web Page: www.SandEC.com - -- Figure 2 - Wake Co. • Soil Survey Map Scale: Lauren's Way 1" -1320' Knightdale, Wake Co., NC Soil & Environmental Consultants, PA 11010 Raven Ridge Rd.fl Raleigh, NC 27614 (919) 846-5900 (1(919) 846-9467 Web Page.- www.SandEC.com Sheets 51 and 61 - fix` ` •? - 9A7 _' ?' ? `O S)? Existing . ' i Impact 3 Lauren s Way E (see Figure 4) ?' v?o .tw lux tea is W .,'". t ff0' PUBLIC -I .a- ' - - ? - --- •?s I Ime x,t N BOU 19f8-1422 _ r Impact 2 72 LF (intermittent stream channel) Existing Lauren's Way \ 1 1 ? r F u ? . ?? zzu 5 ? 1 R FL NO -. V ?G (mmo.z4S TuTuuaiad) 3Z 06 E :Ioudmj /off ?,1 \ F S J \ \ v N? 0 bb elm w i :J ?j :.f ;0:t a o0 ® a ifi1 6 o f Q 4 0 Q 1 Figure 5 ;., qF 3N t.4 ,: NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES JR;`. DIVISION OF WATER QUALITY June 1, 2000 BALE ?a Kevin Martin JUG - 7 2000 S & E C, Inc. 11010 Raven Ridge Road Raleigh, N. C. 27614 Subject: Neuse River Basin Riparian Buffer Rules NBRRO 00-125 Robertson DeMert Property S & E C Project # 99-4685 Wake County Dear Mr. Martin: On April 20, 2000, I met with you at the subject property to conduct a site visit for the above referenced project. This project is referenced by the Raleigh Regional Office as NBRRO 00-125. The features represented on the Wake County Soils and the USGS Knightdale Quad maps were evaluated to determine their subjectivity to the Neuse Buffer Rule. As a result, it was determined that there several features (streams) present on the property. The feature that nearly bisects the property is the only stream present on the tract subject to protection under the Neuse River Basin: Nutrient Sensitive Waters Management Strategy; Protection and Maintenance of Existing Riparian Areas, Administrative Code T15A:02B.0233 (NCAC 0233). The two additional features to the east are ephemeral features (at best) and as such are not subject to protection. In addition, there is a feature that is present on the ground as a stream, but is not delineated on either of the maps. This stream is considered as waters of the State but is not subject to buffer protection. This letter only addresses the applicability of the Neuse Buffer Rules. Thank you for your attention to this matter and if this Office can be of any assistance or if you have additional questions, please do not hesitate to contact us. Sincerely, Steve Mitchell Environmental Scientist cc: RRO/John Dorney Wake County H:\nbrlet. for\neuse.buflbufDO\DeMert.125 N c. 1628 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-1628 PHONE 91 9-571 -4700 FAX 919-571-4718 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-CONSUMER PAPER Triage Check List Date: Z To: XRRO Steve M"rtchell ?FRO ?WaRO Deborah Sawyer ?WiRO Joanne Steenhuis ?WSRO Jennifer Frye ?ARO Mike Parjfer ?MRO Pete Go q Project Name L6 ur*- 1 DWQ Project Number ()Z County(-,JG,<-e From: 2A Telephone (919) 733- q}- -v The file attached is being forwarded to you for your evaluation. Please call if you need assistance. ? Stream lerc`u^, impac J ? Stream de-,m, ir ilrn ? Wetland dee:-nauon ant c"sstance to blue-line surface waters on USGW topo maps ? Minim izaticrilavv>da,-x-- ? Buffer Ruffles Tar-Famflco, Catawba, Randleman) ? Pond fill ? Mitigation Rates ? Ditching ? Are the s-zi-ea,-n and or w--?a,d mitigation sites available and viable? ? Check draerincs fior acuW-3r s with pre-application meetings? Cumuladw knpad ?-, Comments v .c. W-W-WO, SOIL 8 ENVIRONMENTAL CONSULTANTS, PA 11010 RAVEN RIDGE ROAD RALEIGH, NC 27614 (919) 846-5900 FAX: (919) 846-9467 FIRST-CITIZENS BANK AND TRUST COMPANY RALEIGH, NC 27609 66-301531 15389 DOLLARS 8 ?j 02B 11'O L 5 38911' iM S 3 L00 3001:086 L 248649//