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HomeMy WebLinkAbout20052167 Ver 3_401 Application_20070327To: US Army Corps of Engineers Raleigh Regulatory Office Attn: Eric Alsmeyer 6508 Falls of the Neuse Road Suite 120 Raleigh, North Carolina 27615 Re: Winston Ridge Highway 96 Widening Franklin County, NC March 26, 2007 KELLER ENVIRONMENTAL ENVIRONMENTAL CONSULTANTS 7921 Haymarket Lane, Raleigh, NC (919)844-7437 Fax (919) 844-7438 ~xp oS - ~ t ~~ v3 NC Division of Water Quality 401 Oversight and Express Permits Unit Attn: Staff 2321 Crabtree Boulevard Suite 250 Raleigh, North Carolina 27604-2260 F~~I'~~ENT RECEIVED On behalf of the applicant, Winston Ridge, please find attached a complete application and supplemental information requesting written concurrence from the United States Army Corps of Engineers (COE) and the North Carolina Division of Water Quality (DWQ) that the activities proposed below may precede utilizing Nationwide Permit 14. We are requesting to extend the box culvert on NC 96 for the purpose of widening NC 96 to allow for a tum lane into Winston Ridge subdivision. The proposed work is a modification to the previously authorized NCDWQ Water Quality 401 Certificate issued on July 14, 2006. DWQ Project # 05-2167. PROJECT SUMMARY Project Name WINSTON RIDGE HIGHWAY 96 WIDENING Project T e HIGHWAY WIDENING Owner / licant Marcus Edwards Develo ment, LLC; Matthew Winslow Coun Franklin Coun Nearest Town Youn sviNe Waterbo Name UT to Horse Creek Basin /Sub-basin 03-04-01 Index Number 27-17 0.3 Class C, NSW IMPACT SUMMARY Stream Im act feet 20 linear feet Neuse River Buffer Im acts feet 950 s .feet 0.022 acres Wetland Im acts 0 Total Im ad to Waters of the State feet 80 s uare feet Total Stream Im ct linear feet 20 linear feet Please contact me at (919) 844-7437 (office) or (919) 749-8259 (cell) or iay(c~kellerenvironmental.com if you have any questions or require any additional information. ~_~ ~~~~~ , Sincerely, n.~t~ KELLER ENVIRONMENTAL, LLC MAR 2 7 20p7 ~~ ~()"~''~ 70RWR~TFP.BRAid(;r, Jay Keller Principal Attachments: $3000 Check for Application Fee July 14, 2006 401 Water Quality Certificate Pre-Construction Notification (PCN} Application Form Winston Ridge Highway 96 Road Widening Aerial Agent Authorization USGS Site Location Map NC 96 Site Plan NC 96 Cross Section Office Use Only: Form Version March 05 USACE Action ID No. DWQ No. ~kP ~S '"a`'t ~O~ Y3 (lf any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing PAYMENT RECEIVED 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ® Riparian or Watershed Buffer Rules ^ Section 10 Permit ^ Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ^ Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: 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 Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ^ 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here. poi,-~~~~r`~'L~ ~~:" II. Applicant Information ~`~ ~~aR z 7 zoo? ~- 1. Owner/Applicant Information Name: Marcus Edwards Development LLC~ Attn: Matthew r' w'f~:i~~z:~~A~,~~ Mailing Address: 416 US Highway North, Suite B ~~~T'~Fh~~cH Youngsville, NC 27596 Telephone Number (919)556-9007 Fax Number: (919)556-7855 E-mail Address: matt-denmark(c~nc.rr.com 2. Agent/Consultant 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: Jay Keller Company Affiliation: Keller Environmental Mailing Address: 7921 Haymarket Lane; Raleigh, NC 27615 Telephone Number: (919) 844-7437 Fax Number: (919) 844-7438 E-mail Address: jay(c~kellerenvironmental.com Page 1 of 9 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 ; lan must include a scale and north arrow. The specific footprints of all buildings, ~<_ ''"Trii~l~2ivid s 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: Winston Ridge Hiqhwav NC 96 widening 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 1843-56-5554 4. Location County: Franklin Nearest Town: Youngsville Subdivision name (include phase/lot number): Winston Ridge Directions to site (include road numbers/names, landmarks, etc.): This site is located northwest of the intersection of Long Mill Road (SR 1134) and Hiqhwav 96. 5. Site coordinates: Decimal Degrees: N 36°05.41 "; W78° 50.54" 6. Property size (acres): 1.87 acre 7. Name of nearest receiving body of water: UT to Horse Creek 8. 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/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Intersection is comprised of residential, commercial and agricultural areas. Downstream (southwest) area is comprised of open pasture. Remaining areas are wooded. 10. Describe the overall project in detail, including the type of equipment to be used: NCDWQ authorized 96 linear feet of stream impact, 0.085 acres of wetlands, 4,300 SF of Zone 1, and 3,050 SF of Zone 2 Neuse River Riparian Buffers on July 14, 2006. 80 Page 2 of 9 of the allowable 96 linear feet of stream impact were recently used to construct a road crossing within Winston Ridge Subdivision. The remaining 16 linear feet of stream impact was allotted for the upstream culvert extension on" NC Hwy 96. North Carolina__ Department of Transportation (NCDOT) has recently informed us that a culvert extension is also required on the downstream (southwest) end of highway 96. This proposed stream impact is approximately 20 linear feet. We are requesting a modification to the previously authorized 401 Certificate and Buffer Authorization to impact 20 linear feet of stream for a total of 116 linear feet. We are also requesting for additional 950 SF of Neuse River Riparian Buffer Impacts in the highway widening area. The proposed extension of the box culvert on NC 96 for the purpose -- _- of widening NC 96 will conform with NCDOT requirements. Please refer to the attached NC 96 Site Plan for details. The proposed impact area is on the northwest side. 11. We are requesting to extend the box culvert on NC 96 for the purpose of widening NC 96 to allow for a turn lane into Winston Ridge subdivision. This will be achieved by adding an extension and wing walls to the downstream end. The proposed highway widening will also encroach into the Neuse River Riparian Buffer areas. Equipment to be used includes pumps, trackhoes, bulldozers, and other land grading and bridge equipment. 12. Explain the purpose of the proposed work: The proposed highway widening will provide safer access to the adjacent property while simultaneously allowing continued flow of north and south bound traffic. 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. July 14, 2006; NCDWQ authorized 96 linear feet of stream impact, 0.085 acres of wetlands, 4,300 SF of Zone 1, and 3,050 SF of Zone 2 Neuse River Riparian Buffers. 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. None. VI. Proposed Impacts to Waters of the United States/Waters of the State Page 3 of 9 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. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should 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. 1. Provide a written description of the proposed impacts: The current NC Highway 96 concrete box culvert is 53 linear feet. The previously authorized (July 14, 2006) 401 Certificate authorized 96 linear feet of stream impact. This included 16 linear feet for widening associated with NC Highway 96 and the subdivision entrance. (NCDOT) has recently informed us that a culvert extension is also required on the downstream (southwest) end of highwav 96. This proposed stream impact is approximately 20 linear feet. We are requesting a modification to the previously authorized 401 Certificate and Buffer Authorization to impact 20 linear feet of stream for a total of 116 linear feet. We are also requesting for additional 950 SF of Neuse River Riparian Buffer Impacts in the highwav widening area. The proposed extension of the box culvert on NC 96 for the purpose of widening NC 96 will conform with NCDOT requirements. 2. Individually list wetland impacts. Types of 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. Wetland Impact Type of Wetland Located within Distance to Area of Site Number Type of Impact (e.g., forested, marsh, 100-year Floodplain Nearest Stream Impact (acres) (indicate on map) herbaceous, bog, etc.) (yes/no) (linear feet) Total Wetland Impact (acres) 0 3. List the total acreage (estimated) of all existing wetlands on the property: 0.2 Acre 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, 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. To calculate acreage, multiply length X width, then divide by 43,560. Page 4 of 9 Stream Impact Perennial or Average Impact Area of Number Stream Name Type of Impact Intermittent? Stream Width Length Impact (indicate on ma) Before Im act (linear feet) (acres) UT To Horse Box Culvert & Perennial 4 36 0.05 Creek wingwalls Total Stream Impact (by length and acreage) 36 0.05 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dred in ,flooding, draina e, bulkheads, etc. Open Water Impact Name of Waterbody Type of Waterbody Area of Site Number (if applicable) Type of Impact (lake ond, estua > P ry, sound, bay, Impact (indicate on ma) ocean, etc.) (acres) Total Open Water Impact (acres) 0 6. List the cumulative impact to all Waters of the U.S. resulting from the protect: Stream Impact (acres): 0.05 Wetland Impact (acres): 0 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0.05 Total Stream Impact (linear feet): 36 7. Isolated Waters Do any isolated waters exist on the property? ^ Yes ®No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. None 8. 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.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Current land use in the vicinity of the pond: Size of watershed draining to pond: Expected pond surface area: Page 5 of 9 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 proposed extension of the box culvert on NC 96 for the purpose of widening NC 96 will conform with NCDOT requirements. In addition to the previously authorized culvert extension on the northeast upstream (subdivision) side, NCDOT has recently informed us that a culvert extension is also required on the downstream (southwest) end of highway 96. Wingwalls were utilized to minimize stream and buffer impacts. The existing culvert currently provides aquatic passage. The proposed box culvert extensions will be placed in-line with the existing submerged box culvert to allow aquatic passage. Please refer to the attached stream crossing profile. 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 January 15, 2002, 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 NCEEP 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.em•.state.nc.us/ncwetlands/strmPide.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, Page 6 of 9 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 proposed project should not be required to provide mitigation for the proposed impacts. This is due the efforts of the developer's team to avoid jurisdictional areas to the maximum extent possible. Upon completion of the proposed highway activity the total stream impacts for the project will be approximately 116 linear feet 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five 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 ofNon-riparian wetland mitigation requested (acres): n/a Amount of Coastal wetland mitigation requested (acres): n/a IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ^ No 2. 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 aNEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ^ No ^ 3. 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 (required by DWQ) 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. Page 7 of 9 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ® No ^ 2. If "yes", 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* [mpact (s uare feet) Multiplier Required Miti ation 1 700 3 (2 for Catawba) 2,100 2 250 I.5 375 Total 950 (0.022 Ac.) 2,475 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. Riparian buffer mitigation is not required. XI. Stormwater (required by DWQ) Describe impervious acreage (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. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. The proposed road widening proiect involves placing approximately 10-feet of additional asphalt on each side to the existing 2-lane road within the stream vicinity. While under construction, temporary, custom sedimentation basins will be installed outside of the wetlands, streams, and riparian buffer areas to protect them against sedimentation along with other appropriate sedimentation and erosion control measures in compliance with the DWQ and Franklin County Sedimentation and Erosion Control requirements. XII. Sewage Disposal (required by DWQ) 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. The wastewater generated from the proposed proiect will travel through a non- discharge gravity sewer collection system to the Franklin County Cedar Creek WWTP. XIII. Violations (required by DWQ) 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 8 of 9 XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ^ No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: No, the proposed highway widening will provide safer access to the previously permitted Winston Ridge Subdivision. ~~ March 26, 2007 Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 9 of 9 - ~p~ ~iAT~~~ r, ~ . ' r.. ~ -i ~ Y Michael F. Easley, Qavarnos William (~. boys Jt.. SvGroiary North C'uolina fkpatzrncnr of Eavironmcnt aad Ntturol t2o~dusue- Attu W. iGlitnck, P.6. f}ircuwr Diyixior- o! WatCt Quality ~~tfy 14, 2004 [3WQ J?rojeat # OS-21b7, Ver. 2 Frankti~n ~.:ptanty lJc3urtark C'anstructivn Can~pe~rty, xnc. Attn: Mr. Matthew Winsfow 416 U.S. Highway t, Sui#tK R lroungsville, NC 27596 SubjectFraperty: Winstora Ridge Subdivision U'1" to T-lorse G;rt;clc (1130401, 27-17-(0.3), C, Jar ,Wj ApprovaE p~' 4U1 'Water d'~uality Ccrtiiicatic-n ~xad Authne'iuatian Cee-titics~te per tbt Meuse River T3ttffdt~ 1Protectiarr Rules {3~A N-CAC xf3.0233) withh Additional C'anditioasi hear Mr. Winslow: You have our approvaE„ iu accordance with the attached conditions and those listed below, to pdaoe fill within or otherwise itn~pact U,t18S acres of wr»tJands, 4b lineax feet of perennial streams, 4,300 square feet {fl } of ~o~ne 1 protected 1`~teuse riparian buffers and 3,OS0 squazo feet (ft~) of lone Z protected Neese riparian buffers to construct the proposed residential fiubdivision at the subject property, as described within your application dated March 3, 21306, and ret;x:ived by ttte N.C. l7ivision of ~VVater (1uaJity (JJWC)} on March 2l, 2046, with more information received by the C7WQ ao Apri124, 2006, lane 2, 2(106, and luiy 5, 2006. After reuicwing your application, we have decided that tfie irt~pacts aro covered by General Water t).ualiry Certifcatian iVurrtber(s) 34x2 (GC3402), The Certi;~catiaa{s) allows you to use Na~tionwidtr Permkii(s) NW35t when issued by ttta EIS Army Corps of Enginoets (USACE~. '{'his letter shat! alst, act as your approved Authorization Certificate far impacts ttt the protected tip~ian buffers par J SA NCAC 2B .(1233. J,a addition, you should obtain or otherwise comply with any other required federal, state pr Iocal permits before you go ahead vrith your pro,{ect iaclotding (but not limited to) Erosion »nd Sediment Control, aad Non-discharge reputations. Also, this a~pprryva! to grocetri with year prapose+l irmpuats or to cauclust iangacts td waters as depicted ixt your application shall e~cpire aypon expiratiaa o#'the 444 or CAi4'>~A 1Pcrrnit. 'Phis approval is for the purpose and desi£;tt that you described ire your appfication. If you change year projoct, you must notify us and you rru3y be required to send us a now application. if the property is sold, the new cswnt~r must be given a copy ofthls C:ertificativn and approval fetter and is thereby responsible for complying with all conditions. JJ` fatal t`rils for this project (n+pw ar in tba future} exceed one ecru of wetland or 1501inear feet of stream, carnpemsatory mitigation nnay be required as described in I SA NCAC Z1-1.0506 (h}, This approval rzquires you to follow fire coraditio~as fisted in the attached certifecation and aay additional cortditions listed below. Tfte Additional Ca~aditiona al'the Certification are: f , irttpACts Approved .._.__. -- - 1V°i" Carona 4111 fNctsigftYBxpresy view Petmitiing Unit JY~7tllP,rtft~/ 1b5f! Mail S~iucCentes, Raleigh, North Corot+aa 27699-i65b 232 t Ctabttca bouli:ratd. Suite 230, ~Ralei~tt, NonA Carotins 2'75fla C~hone: 919-733•f 7861 FAX 914-733•btl93 / lakmcl; htta:!!#~Zc. nc. ~ cwetfenUs An Ean~tfh~nUnunirv/Af`tirmativc Action tmpioycr - SU°!° CrCGyCi.edrt096 Foot Consume Ftper s689~~=1_616 3QNtj-11~M-t9MCl~WI~LI~ 6~~60 900-Sc-'~(1C Denertark Goaetruction Compu-,y, 7s,c. '' -~ 1'ago2 oxS July 1~4, 244G The foElowing impacts are hexehy approved as icsng as all of the other speci.~c and gFneral conditions of this Certi~Catxan (ar Colored Wetland Permit) are met. No other impa~ct~ ate approved inctud.ing incidental impacts: _ -- Amount Approved (Claire Plan Locatior>, or RGfGaance 4p4tWetland --- Q.085 (z~cres __~ pC2?E' a e $ of 12 Stream _ 96 linear feet Py~fi't Lra~ $ df i2 _.___._ Buffers -- Zang [ - ___ A,344 s care fee#) P ~a~e 11 of 22 Suffers -Zone 2 3 aSb s uare feee PCN a e I I of I2 2. No Waste, Spoil, Solids, or Fill of Any Kind Na waste, spti.l, solids, ar fill of a.ny kind shall occur in vYetlarsds, waters, or riparian areas beyartd the footprint of the impacts depicted in the Pre-Construction Natit'iootlon. All cgAStrl10ti4n C.CtlYltiC$, including the design, installation, operation, and mainteraar-ce of sediment and eraS10s1 aotttral Seat 1'vianagement Practices, shall be pcrforrned sa that tta vialatior-s of state water quality starsdatds, statutes, or rules gccur. 3. Erasion sad sediment control practices must bs in full compliance with alt SpecitiCetiosrsgoveraing the proper design, instaIlatian and operation and maiateafattCe of such Seat ttdatta~tnent Practices isa order to protect surface waters standards: s. The erosion and sediment cotatro! measures .for the project must be designed, i~talled, operated, and maintained in a~cardance with the roast recent version of the North Carolina Sedtrne>rt artd E'r©siora Contra! Planning card Design hIa>xuat. b. The dasiga, installation, operatlaa, and maintenance of the sediment and erosion ~antrol m>rasuras must be such that they ec}ual, or exceed, tl~e requireman#.a specified in tlta mast recent version of the North Carolina Sediment card .E'rosian Conrr'ad Manual. "TE~e devices shal4 be raintained on all.constructianeizes, borrow sites, and waste pile: (spoil) projects, including cotxtractaNawned or leased barrow pits associated with the project. c. SufiE'tcicnt mtaterials required xbt stabiliaBtion and/or xepair at' erosion santzol measures and stormwa.ter routing and treatment steal{ be an site at all t7.rc~es. 4. Sediment and erosion caatrol measures shalt not be placed in wetlas<ncls or waters to the rataximum txtent practicable. Zfplacement ofsedimabt and ezasion cantxat devices i~ wetlands and waters is unavoidable, they shalt be repnaved and the natural grade restored within six months of the da#ts treat tlsg Qivision of Laud Resauxccs has released the project; 5. Protective Fending - The outside buffer. wetland ar wager boundary and afoug the cat~strttctian corridor within these boundaries approved wader this authorization shad be clearly marked with orange watxting fencing {ar simEilar high visivility material) far the areas that have been approved to iu~fringe within the buffer, wetland or water prior to any land distuxbitag actirrities to ensaxe compliancd ~xitlt i 5A NCAC 2H .0233 ar-c! GC 3484; 6. Diffuse )"law (Na Review} A!1 constructed stormwater conveyance outlets staall be dzreated end maintained as diflFUSe flow tit can-erosive velocities ttuough the protected stream buft'ors such: that it will not rye-cartactatrate before discharging into a stream as identified within 1 SA NCAC 2B .b233 (5). if'this is nai possible, it znay be necessary to provide stonnwater facilities that are cousiderad to remove nitzogea. 'his may requurc additional approval from this Office. S.'~ ~d bbS~~Fr':356 ~Di ~f~89~~~tE~ SCIhld~13M-f~t(7 ~WO2~~ 6ti ~taG~ g013c-a2-"ICI.C a Denmflrk Coas~uction Company, inc. #'age 3 rf 5 3uly 14, ~4t?d 7. Culvert lrtstattation Culverts required For this prajsct shall be installed ip ,such a manner thsrt the original stream proles aro net altered. Existing stream dimensionx (including the cross sec;tioct dimensions, pattern, and longitudinal profile} mast be mtiintained above and below locations of each culvert. culverts shall he designed and itasta#led to allow for aquatic Life movement as welt as to prevent head cuCtittg of the streams. If any of the existing pipes are ar become perched, the appropriate stream grade shall ba re- established ar, if the pipes installed in a perched manner, the pipes shal3 be rr.~maved and re-instatled carrectiy. Culvcrf(s} shall trot be installed in such, a manner that will cause aggradxtiota or erosion of the stream +ap ar dawn stream of the culvert(s). Existing stzsam dimensions (including ~e cross scctiaa dime-~sions, pattern a»d Longitudinal profits) shall be maintained about and below tocations of each culvort, p#aeemerat of cutvcrts ar~d other structures in wavers, streams, and wetlands must be placed halttw tins clevatian ok the streambed by one foot for art culverts with a diameter grsatet' than 4S inches, and ?fl percent of the culvert diameter fur culverts having a diameter less than 48 inches, to atlaw low flow passage of water and aquatic life. Design and placement of culverts and other structures includtn#; ternparary arasivn control measures shall not be eanducted in a itmnner that may result in dis- equilibrium of wetlands ar streatr~beds or hanks, adjacent to ar upstream aad down stream ofthe abavc structures. The applicant is required to provide evidence that the equilibrium shall be maintained if requested in writing by DWQ. 'T`!xe establishment of native, woody vegetarian and other soft stream bank stabilization techniques muaC be used where praoti4able instead of rip rap or other hank hardenini; methods. if rip-rap is nect~ssary, if shall net be placed in the stream bed, }anless speci#<cally approved by the Division of Water Quality. ltnstaltation ref culverts in wetlands rriust ensure continuity of water movement and be designed to adequately accammadate high water or flaad conditions. 11pan completion of the ptaject, the Applicant shall complete anal return the enclosed "Certificate of Completia:a" Eaten to notify NCl'~'VyIQ when aU work xnclucled in the §401 Certification has boon sample#ed. The raspansible party shall complete the attached farm and return it t+a the 4t}!lWetiands [)nit of the NC Division of Water Quality upon aompldtivn dithe project, Pleaxe send photographs upstream and downsrrearrr of each culvert site tc~ document correct installation along with the Certificate o, j'Cnmpletion form. $. Certificate of Comptatian Upon completion of all work eppraved within the 4Q1 Water Quality Certtificatiozr ar applicable $uff~er Rules, arsd any subsequent modifications, the applicant is required to realm the at#aohed certificate of carxipletian to the 441 Gversight2xpress Review p'crrraittiag Unit, North Carolina Division. of Water Quality, 165U Mail Service Center, Raleigls, NC, 27d99.1bSft. Violations of any condition herein set forth may resLett in revocation a#"this Certification and may result in criminal andJar cavil penalties. The autharizntion to proceed with your proposed impacts or to conduct irrtpacts to avatars as depicted in your applieatian and as authorized by this Certification. shall expire upon t~tp.iration of the 4114 or CAMA Permit. Tfyau do not accept avy of the conditiwns of this Ccrtificatior- (assscietad with the appravtd wetland ar stream i}npacts}, you may ask for an adjudicators hearing. 'You mast act within 50 days oftha date that you receive this lotto. To ask for a hearing, send a written petition, which cortfarrrss td Chapter 25f1'8 at' the North Carolina General Statutes to the Office of .Administrative Flearings, 6714 Ma.ii Service Canter, S•b~d bt~S669SF,:Ol ~6£i~s:£~6'C6 SUt~3t~'t1~M-iC1ML1~WO?1~ 6t~60 90@cti-Sr-'lfit -. J Denmark tbnetrucsioa Con+pany, tna ~. ~;, .~ Paga 4 of s Iuly 14, 3QAb .Ra,lai ;tt, ~l`l.C, 27b99-671 ~. 'This certi~catiorl and its conditions are final and binding unless you ask far a bearing. Any c{isputcs aver deteztnitaatint~s regarding this Autharizatinu Certificate associated with the approved buffer irnpects~ shall l7e refarred is~ wvriting la the L3irectar for a decisiaa. The Director's d~ecisian is subject to review as provided in Axtiales 3 and 4 of C.S. l.S©l3. 'this letter completes elte review of the Divisiar~ of Winter Q~uali#y utsder Section 44l of tltc Glean Wager Act and theNeuse rlpat'ian buffer praGectlan rule as described within 15A I~~AG 213.4233. ff you have any quastiatts, please tefephaae Cyttdi Karaly ar Iau Mc~viillan at 1l$-733-1786. Sincerely, Al W. lGlitnek, P.~. J AWi~~ljn~ Enciasures; CC 3442 Certificate of Completion ca: USA.CE Ralei~fi Regulatory Field Cffioe Faio Ku1Z, DVJQ 1R:alai8h Regi+osuil Office ~L',Tt ~teigh ~tagional Office File CaPY Central Fiics :lay fCeller, Skelly & 'Loy, 6444 Fair afthe N'euse Road, Suite 143, ~.talei,gtt, ~G 27615 Filutamc: USZ167Vca2WinatvuRl4~cSD(Fcu~aktio}f01„,NDR ~;~;:d bwS~f~9S6~01. ~E~89E~~E;16 ~QF~lt1~.L3M-l~h1CJ-1dQ2~.~ U~~bO X002-52-"1f1.C FROM (MON)M~,R 26 ?OQ7 9:55'ST, 9:54/No.6~10177318 P 1 KELLER ENVIRONMENTAL ENVIRONMENTAL CONSULTANTS 7921 Haymarket Lane. Raleigh. NC (919)844-7437 Fax (919)8447439 AGENT AUTHORIZATION FORM Name: Address: city, state, zip L.x/~P - ,.~scti`. Nc ~ ~S ~ 7 Phone: ~/`1 - S,S~ / o~Ct'Ca Project Name/DeBcription; ~ ~n$p~a- /C~c ~ d'''S'~Gl~ ..~ Date; 3 ~/U ~ To: US Army Corps of Engineers Raleigh Regulatory Office Attn: Staff 6508 Falls of the Neuse Road Suite 120 Raleigh, North Carolina 27615 ~,~C NC Division of Water Quality 401 Oversight and Express Permits Unit Attn: Staff 2321 Crabtree Boulevard Suite 250 Raleigh, North Carolina 27604-2260 To Whom It May Concern: As a representative concerning the subject site, I do hereby authorize and give permission for Keller Environmental to represent or act as agent on my behalf and allow the COE or any other regulatory agency to go on the property with an Keller Environmental representative for such purposes as necessary to perform the job tasks. Print Property Owner's Name perry wner's Signature Jay Keller Keller Environmental, LLC Preliminary Wetland b Stream Asset38ment$~Jurisdictional Wetland Delineations-Neuse ~ Tar River SUeam Buffer Evals & Coordin8lion-401/404 Water Quality Permitting-Stream & Wetland Restoration-Threatened & Endangered Species Surveys-Benthic Macroinvertebrate Sampling-Phase I•IV Environmental Slte Assessments-Tree Surveys W N N O O J ~_, _~ ^~ • ~„' ~ ~ m ~ ~ y ~1 G tG ~ IC O ~ 6 4a j ~ c~ ~ a. a m v a = ~ ~' ~ w g a b A~ 00 CD O -~ r-~ i ~-'~";;~ - ~ ~~_ ~ ~ ~ ~- .n1~~~ •--"-•- -~ Ff; 4 _ ~~ _ ~ , - ~~~~~.. .,-ti _ •- ~~ 1! Lam./ F _~ _ f '` .. 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