20030726 Ver 1_Complete File_20030627

Green Level Road (SR 1625) , Evans Road (Sr 1653) 401 Permits, T...
Subject: Green Level Road (SR 1625), Evans Road (Sr 1653) 401 Permits, Town of Cary, Wake
County
From: Christina Breen <[e-mail]>
Date: Thu, 08 Sep 2005 12:51:19 -0400
To: [e-mail]
Kyle,
I just wanted to let you know that your 401 permits for the above projects will automatically be extended
upon extension of the Army Corp of Engineers 404 Permit. No paper work needs to be received from us.
Thanks.
Christina Breen
Environmental Specialist II
NC Division of Water Quality
Transportation Permitting Unit
2321 Crabtree Blvd., Suite 250
Raleigh, NC 27604-2260
Telephone: [phone]
Fax: [phone]
1 of 1 9/8/2005 12:51 PM
,4
? A7
WET(?Eh c?ENR . WATER (iALII y
?i6 BRANCH
ENGINEERING DEPARTMENT
August 16, 2005
Mr. John Hennessy
NC Division of Water Quality, 401 Wetlands Certification Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Subject: Green Level to Durham Road (SR 1625) Widening Project (DWQ# 03-0726)
Dear Mr. Hennessy,
Due to budget and right-of-way acquisition issues, construction has not started for the above
referenced project. Currently we are acquiring right-of-way and working with NCDOT for the
required encroachment agreement. Construction and funding for this project are scheduled for
FY 2007 (July 2006). The plans have not changed since the APPROVAL of 401 Water Quality
Certification was issued on Sepember 19, 2003. The Section 404 and Nationwide 14 Permit
expire Sepember 19, 2005. The Town of Cary is respectfully requesting a permit extension
consistent with construction beginning in July 2006.
Thank you for your consideration of this request.
If you need any additional information or have any questions please contact me at 919-462-3938
or email me at kyle.hubert(a)townofcary.org
Sincerely,
??" -' uw
Kyle Hubert, P.E.
TOWN Of CARY
318 North Academy Street *Cary, NC 27513•PO Box 8005•Cary, NC 27512-8005
te1919-469-4030 • fax [phone]• www.townofcary.org
08/25/2005 13:21 919-460-4935 CARY ENG
PAGE 03/03
03,5, abo3)

ENGINEERiNG DEPARTmEN'r
August 16, 2005
Mr. John Hennessy
NC Division of Water Quality, 401 Wetlands Certification Unit
1650 Mail Service Center
Raleigh, NC 276994650
Subject: Green Level. to Durham Road (SR 1625) Widening Project (DWQ# 03-0726)
Dear Mr. Hennessy,
Due to budget and right-of-way acquisition issues, construction has not started for the above
referenced project. Currently we are acquiring right-of-way and working with. NCDOT for the
required encroachment agreement. Construction and funding for this project are scheduled for
FY 2007 (July 2006). The plans have not changed since the APPROVAL of 401. Water Quality
Certification was issued on Sepember 19, 2003. The Section 404 and Nationwide 14 Permit
expire Sepernber 19, 2005. The Town, of Cary is respectfully requesting a permit extension
consistent with construction beginning in July 2006.
Thank you for your consideration of this request.
if you need any additional information or have any questions please contact me at 91.9-452-3938
or email me at Me,,hubert . ,townofcary.ora
Sincerely,,Wuw
Kyle Hubert, P.E.
TOWN_ of CAKY _
318 North Academy Street -Cary, NC 27513-PO Box 8005-Cary, NC 27512-8005
tel [phone] - fax [phone]- www.townotcary.org
AUG-25-2085 THU 12:46 TEL:[phone] NAME:DWQ-WETLANDS P. 3
d _.
W A TF Michael F. Easley, Governor
O 9pG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
' T7 Alan W. Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
September 19, 2003
DW Q# 03-0726
Wake County
Mr. Kyle Hubert
Town of Cary
P.O. Box 8005
Cary, NC, 27512-8005
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Hubert:
You have our approval, in accordance with the attached conditions, to place fill in 436 linear feet of
perennial streams to construct road crossings associated with the Green Level Road project (Town of Cary TOC
01-37), Wake County, as described in your application received by the Division of Water Quality on June 16,
2003, and in additional correspondence received August 20, 2003. After reviewing your application, we have
determined that this fill is covered by General Water Quality Certification Number 3404, which can be viewed on
our web site at http://h2o.enr.state.nc.us/ncwetlands. This Certification allows you to use Nationwide Permit
Number 14 when it is issued by the U.S. Army Corps of Engineers: 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 and/or stream fills for this
project (now or in the future) exceed one acre or 150 linear feet of perennial streams, 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. You are required to return the attached Certification of Completion form to notify DWQ when all work included
in the 401 Certification has been completed;
2. The culverts required for this project shall be installed in such a manner that downstream profiles are not
altered (i.e. the depth of the channel must not be reduced by a widening of the streambed). Existing stream
dimensions (including the pattern and profile) are to be maintained above and below locations of each
culvert. The culverts shall be designed and installed to allow for aquatic life movement as well as to prevent
head cutting of the streams. If any of the existing pipes are or become perched, the appropriate stream
grade shall be re-established or, if the pipes installed in a perched manner, the pipes shall be removed and
re-installed correctly.
The establishment of native, woody vegetation and other soft stream bank stabilization techniques must be
used where practicable instead of rip rap or other bank hardening methods; If rip-rap is necessary, it shall
not be placed in the stream bed, unless specifically approved by the Division of Water Quality.
r4
N. C. 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)
q19) 733-1786 (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands)

3. We understand that you have chosen to contribute to the Wetland Restoration Program in order to
compensate for the impacts to streams. In accordance with 15A NCAC 2R .0402 and 15A NCAC 2B
.0242(7), this contribution will satisfy our compensatory mitigation requirements under 15A NCAC 2H
.0506(h) and 15A NCAC 2B .0233(10). Until the Wetland Restoration Program receives and clears your
check (made payable to: DENR -Wetlands Restoration Program), stream impacts (including fill) shall not
occur. Mr. Ron Ferrell should be contacted at [phone] if you have any questions concerning the
Wetland Restoration Program. You have one month from the date of this Certification to make this payment.
For accounting purposes, this Certification authorizes the fill of 436 linear feet of perennial streams in the
Cape Fear River Basin, Cataloging Unit 03030002, and 436 linear feet of stream mitigation is required.
Please be aware that the Wetland Restoration Program (WRP) rules require rounding of wetland impacts to
the nearest foot (15A NCAC 2R .0503(b));
4. Heavy equipment shall be operated from the bank rather than in the stream channel in order to minimize
sedimentation and reduce the likelihood of introducing other pollutants into the stream;
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,
Mail Service Center 6714, Raleigh, N.C. 27699-6714. 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 the DWQ Raleigh Regional Office at 919-571-4700
or Cyndi Karoly in the Central Office in Raleigh 919-733-9721.
Sincerely,
1 Alan W. Klimek, P.E.
AW K/cbk
Attachments
cc: Corps of Engineers Raleigh Regulatory Field Office
Steve Mitchell, Raleigh DWQ Regional Office
Central Files
File Copy
David Cochran, 401 Harrison Oaks Boulevard, Suite 200, Cary, NC, 27513
030726
t
NORTH CAROLINA-DIVISON OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2 H .0500, Mr. Kyle Hubert of the Town of Cary has permision as outlined below to
place permanent fill in 436 linear feet of perennial streams in order to construct road crossings associated with the Green
Level Road project (Town of Cary TOC 01-37) in Wake County, North Carolina. All activities associated with these
authorized impacts must be conducted with the conditions listed in the attached certification. THIS CERTIFICATION IS
NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT
WETLAND RESTORATION PROGRAM
LOCATION:
COUNTY:
BASIN/SUBBASIN
Impacts:
Fill in 436 linear feet of perennial streams
Green Level Road
Wake
Cape Fear (03-03-00-02)
As required by 15A NCAC 2H .0506, and the conditions of this certification, you are required to compensate for
the above impacts through the restoration, creation, enhancement or preservation of wetlands as outlined below prior to
conducting any activities that impact or degrade the waters of the state.
Mitigation:
436 linear feet of perennial streams by WRP required for the 401 Water Quality Certification. In two separate items of
correspondence dated June 5, 2003 and August 14, 2003, the WRP indicated that a total of up to 872 linear feet of stream
mitigation will be conducted by WRP if necessary for the 404 Permit.
Note: Linear foot requirements proposed to be mitigated through the Wetland Restoration Program must be rounded
to the nearest foot and acreage requirements must be rounded to one-quarter acre increments according to 15 2r
.0503(b).
One of the options you have available to satisfy the compensatory mitigation requirements is through the payment
of a fee to the Wetlands Restoration Fund per NCAC 2R .0503. If you choose this option, please sign this form and mail it
to the Wetlands Restoration Fund at the address listed below. An invoice for the appropriate amount of payment will be
sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU
RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE WETLANDS RESTORATION
PROGRAM.
Signature
Date
WETLANDS RESTORATION PROGRAM
DIVISON OF WATER QUALITY
1619 Mail Service Center
RALEIGH, N.C. 27669-1619
[phone]
North Carolina
Department of Environment and Natural Resources
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Frank F. Fleming, PE
Sungate Design Group, PA
915 Jones Franklin Road
Raleigh, NC 27606
??lst 14, 2003
NCDENR
Subject: Project: Green Level Road (Town of Cary) (additional footage)
County: Wake
The purpose of this letter is to notify you that the North Carolina Wetlands Restoration Program (NCWRP) is
willing to accept payment for stream impacts associated with the subject project. Please note that the decision by
the NCWRP to accept the mitigation requirements of this project does not assure that this payment will be
approved by the U.S. Army Corps of Engineers and the N.C. Division of Water Quality Wetlands/401 Unit. It is
the responsibility of the applicant to contact these agencies to determine if payment to the NCWRP for impacts
associated with this project is appropriate.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued
404 Permit/401 Certification within this time frame, this acceptance will expire.
Based on the information supplied by you in a letter dated August 8, 2003 the stream restoration that is necessary
to satisfy the compensatory mitigation requirements for this project is summarized in the following table. The
maximum amount of mitigation that the NCWRP will accept for this project is also indicated in this table.
Stream
(linear feet) Wetlands Riparian
(acres) Riparian Buffer
(ft2)
Impacts 178
Mitigation Maximum 356
The stream mitigation will be provided as specified in the 401 Water Quality Certification and/or Section 404
Permit for impacts associated with the subject project in Cataloging Unit 03030002 of the Cape Fear River Basin.
The mitigation will be performed in accordance with the Memorandum of Understanding between the N.C.
Department of Environment and Natural Resources and the U.S. Army Corps of Engineers dated November 4,
1998.
If you have any questions or need additional information, please contact Carol Shaw at [phone].
Sincerely,
Ronald E. Ferrell,
Program Manager
cc: Cyndi Karoly, Wetlands1401 Unit'
Amanda Wade, USACOE-Raleigh
Steve Mitchell, DENR Regional Office-Raleigh
File
Wetlands Restoration Program 1619 Mail Service Center Raleigh, NC 27699-1619
[phone] Fax: [phone]
Facility Name Green Level Road (Town of Cary TOC 01-37) County Wake
Project Number 03 0726 Regional Contact:
Date:
Steven Mitchell
Comments (continued from page 1):
cc: Regional Office
Central Office Page Number 2
MEMORANDUM
TO: John Dorney
Non-Discharge Branch
Regional Contact: Steven Mitchell
WQ Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Green Level Road (Town of Cary TOC 01-37)
Project Number 03 0726
Recvd From APP
Received Date 6/27/03 Recvd By Region
Project Type road crossing
County Wake
County2
Region Raleigh
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet ME
Type Type Impact Score Index Prim. Supp. Basin Req. Req. F 14 Stream O Y O N 16-41-1-17 WSIV NSW 30,605. 436.00 258.00 178.00
OY ON FF_ F__ F_ F__ F_ F_
Mitigation Wetland
MitigationType Type Acres Feet
stream WRP Stream
r
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: 0 Issue 0 Issue/fond 0 Deny
Provided by Region: Latitude (ddmmss)
Longitude (ddmmss)
Comments:
August 8, 2003
Morris Branch is a perrenial WS IV stream, looks like a lot more that 258 If from us inlet protection to
ds dissapator. 77
cc: Regional Office
? age Number
Central Office P
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No. ''03,0726
kit any particular item is not app?tcame to tors project, please enter "Not Applicable" or "N/A".)
I. Processing
1. Check all of the approval(s) requested for this project: JU/V 1 6 2003
Section 404 Permit
® ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Percent f ,' r T)Q
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NW 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 (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here:
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: ?
II. Applicant Information
1. Owner/Applicant Information
Name: Town of Cary
Mailing Address: Mr. Kyle Hubert, El
P.O. Box 8005
Cary, NC 27512-8005
Telephone Number: 919-469-4030 Fax Number: 919-460-4935
E-mail Address: khubert(a,ci.cary.nc.us
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: David Cochran
Company Affiliation: Parsons Transportation
Mailing Address: 401 Harrison Oaks Boulevard
Suite 200
Cary, NC 27513
Telephone Number: 919-677-0230 Fax Number: 919-677-7820
E-mail Address: dave.Cochran(a,parsons.com
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: Green Level Road (Town of Cary TOC 01-37)
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): Town of Cary
4. Location
County: Wake Nearest Town: Carpenter.
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): NC 55 North from Cary to left at
Carpenter Fire Station Road to project at intersection with Green Level Road to Durham
Road
5. Site coordinates, if available (UTM or Lat/Long): Quad Sheet Attached
(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. Property size (acres): Disturbed acres +/- 13.5 acres
7. Nearest body of water (stream/river/sound/ocean/lake): Morris Branch to Jordan Lake
8. River Basin: Cape Fear
(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.ne.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, Existing 2-lane transportation facility, surrounding land-use
is residential and agriculture. Zoned for increased residential use.
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used: This
Project will widen existing SR 1625 from two-lanes to four-lanes. A box culvert is proposed
with Morris Branch. Equipment included, but not limited to, grading equipment and paving
equipment.
11. Explain the purpose of the proposed work: Widen existing SR 1625.
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.
A Natural Resource Report was prepared by ESI dated September, 2002. Morris Branch is a
Perennial stream assigned Stream Index Number 16-41-1-17-3-land a WS- IV Classification.
The second stream impact will be on an intermittent stream, which is an unnamed tributary to
Morris Branch.
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.
No.
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. Provide a written description of the proposed impacts: The crossing of Morris Branch
(Site #0 will impact 258' of this perennial stream. The crossing of an unnamed tributary to
Morris Branch will impact 178' of intermittent stream.
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
None

* 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 http://www.fema.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.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property:
Total area of wetland impact proposed:
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on map)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please specify)
1 Culverts & Rip Rap 258' Morris Branch 7'- 10' Perennial
2 Pipe & Rip Rap 178' UT to Morris Branch 4'- 6' Intermittent

* 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 are available through the USGS at 1-800-358-9616, or online at
www.t,Egs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topoZ2ne.com,
www.mayguest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 436'
Page 8 of 12
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
Site #1 Box Culvert & Rip Rap 0.15 Morris Branch Perennial Stream
Site #2 Pipe & Rip Rap 0.05 UT to Morris Branch Intermittent Stream

List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. 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.): N/A
Size of watershed draining to pond: N/A 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.
An UT to Morris Branch was to be impacted, but re-design of the horizontal alianment
eliminated this impact without increasing others. 2:1 side slopes with guardrail will be used to
minimize the roadway footprint at stream crossings. Town of Cary 100' buffers are being
recognized as they pertain to Stormwater runoff. All discharges are being diffused. The box
culvert will be buried one foot and a sill will be installed to maintain the low flow channel.
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 f'dr 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/newetlands/stn-ngide.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.
N/A
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. 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): 258'
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
Page 10 of 12
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federaUstate) 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 [phone] 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 (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.
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 Town of Cary )?
Yes ® No ? If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 10,902 3 N/A
2 7,363 1.5 N/A
Total 18,265
"Lone I extends out 30 feet perpendicular trom near bank of channel; "Lone 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 213.0242 or.0260.
N/A
XI. Stormwater (required by DWQ)
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.
Total existing impervious area = 2.5 acres. Total proposed impervious area = 8.5 acres. One 18"
outfall will utilize a pre-form scour hole, a 24" outfall will utilize an energy dissipater and a 30"
outfall will utilize an energy dissipater. All outfalls are outside the Town of Cary's designated
buffers and structures are designed to diffuse the flow to non-erosive velocities before entering
designated buffer zones.
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.
NA
XII1. 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
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).
6
App
Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
TOWN OF CARY
WAKE COUNTY
PROJECT: TOC 01-37 (PROJECT NO.1)
GREEN LEVEL TO DURHAM ROAD
VICINITY (SR 1625) FROM 200' SOUTH OF THE
INTERSECTION WITH CARPENTER
MAPS FIRE STATION ROAD NORTHERLY
FOR A DISTANCE OF APROX. WW
TO THE PROPOSED INTERSECTION
OF PANTHER CREEK PARKWAY
SHEET 1 OF S S/ 30/ 03
NORTH CAROLINA
VICINITY MAP
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PROPERTY OWNERS
NAMES AND ADDRESSES
PARCEL NO.
NAMES
ADDRESSES
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LILLIE H. FOWLER
190 FINLEY GOLF COURSE RD.
CHAPEL HILL, NC 27517
7640 CARPENTER FIRE STA. RD.
MORRISVILLE, NC 27560
7200 STONEHENGE DR. SUITE 211
RALEIGH, NC 27613
1325 GREEN LEVEL TO
DURHAM RD.
DURHAM, NC 27713
2109 YATES STORE RD.
MORRISVILLE, NC 27560
PANTHER CREEK ASSOC.
DEVERE AND CLEO MEACHAM
AMBERLY LLC
GAIL MARIE RONK MARSH
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NorrMi?!ftlina 7 -7,
Department of Environment and Natural Resources p
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JUN lo zduY
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Frank R. Fleming, PE
Sungate Design Group, PA
915 Jones Franklin Road
Raleigh, NC 27606
June 5, 2003
Subject: Project: Green Level Road (Town of Cary)
County: Wake
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NCDENR
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:
The purpose of this letter is to notify you that the North Carolina Wetlands Restoration Program (NCWRP) is
willing to accept payment for stream impacts associated with the subject project. Please note that the decision by
the NCWRP to accept the mitigation requirements of this project does not assure that this payment will be
approved by the U.S. Army Corps of Engineers and the N.C. Division of Water. Quality Wetlands/401 Unit. It is
the responsibility of the applicant to contact these agencies to determine if payment to the NCWRP for impacts
associated with this project is appropriate.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued
404 Permit/401 Certification within this time frame, this acceptance will expire.
Based on the information supplied by you in a letter dated May 23, 2003 the stream restoration that is necessary to
satisfy the compensatory mitigation requirements for this project is summarized in the following table. The
maximum amount of mitigation that the NCWRP will accept for this project is also indicated in this table.
Stream
(linear feet) Wetlands Riparian
(acres) Riparian Buffer
(ft')'
Impacts 258
Mitigation Maximum 516
The stream mitigation will be provided as specified in the 401 Water Quality Certification and/or Section 404
Permit for impacts associated with the subject project in Cataloging Unit 03030002 of the Cape Fear River Basin.
The mitigation will be performed in accordance with the Memorandum of Understanding between the N.C.
Department of Environment and Natural Resources and the U.S. Army Corps of Engineers dated November 4,
1998.
If you have any questions or need additional information, please contact Carol Shaw at [phone].
Sincerely,
g(?
Ronald E. Ferrell,
Program Manager
cc: Cyndi Karoly, Wetlands/401 Unit
Andrea Wade, USACOE-Raleigh
Steve Mitchell, DENR Raleigh Regional Office
file
Wetlands Restoration Program 1619 Mail Service Center Raleigh, NC 27699-1619
[phone] Fax: [phone]
Triage Check List
I
Project Name: 6r`«. Lev-4 Roads
DWQ#: 03 - 07 2_ (n
County: V AI'e.
To: ? ARO Mike Parker
? FRO Ken Averitte
? MRO Alan Johnson
RRO Steve Mitchell
From:
? WaRO Tom Steffens
? WiRO Noelle Lutheran
? WSRO Cyndi Karoly (Central Office)
Telephone : (919) 133•- 17Ow4
The file attached is being forwarded to your for your evaluation.
Please call if you need assistance.
E Stream length impacted
E -'Stream determination
? Wetland determination and distance to blue-line surface waters on USFW topo maps
S-Minimization/avoidance issues
,..Buffer Rules (Meuse, Tar-Pamlico, Catawba; Randleman)
? Pond fill
Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments: S i ?_ ?? ems ;A, P'Ll .6 scAt ay,
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