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HomeMy WebLinkAbout20052167 Ver 3_More Info Received_20070329:r =~~: >~: To: 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 DWQ EXP 05-2167 v3 Franklin County, NC March 29, 2007 ~.xp o 5 -- a~~ ~ v 3 KELLER ENVIRONMENTAL ENVIRONMENTAL CONSULTANTS 7921 Haymarket Lane, Raleigh, NC (919) 844-7437 Fax (919) 844-7438 NC Division of Water Quality 401 Oversight and Express Permits Unit Attn: Staff 2321 Crabtree Boulevard Suite 250 Raleigh, North Carolina 27604-2260 On behalf of the applicant, Winston Ridge, please find attached a complete revised application requesting written concurrence from the United States Army Corps of Engineers (COE) and the North Carolina Division of Water Quality (DWQ) that the activfies proposed below may precede utilizing Nationwide Permit 14. Revisions have been made to page 5 (Stream Impact Sections 4 & 6) of the PCN. 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 Pro'ed Name WINSTON RIDGE HIGHWAY 96 WIDENING Pro'ed T HIGHWAY WIDENING Owner / licant Marcus Edwards Develo ent, LLC; Matthew Winslow Coun Franklin Coun Nearest Town Youn sviAe Wate 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 ads 0 Total Im ad to Waters of the State feet $0 s uare feet Total Stream Im d linear feet 201inear feet Please contact me at (919) 844-7437 (office) or (919) 749-8259 (cell) or jay _kellerenvironmental.com if you have any questions or require any additional information. Sincerely, KELLER ENVIRONMENTAL, LLC ~~ Jay Keller Principal Attachment: Revised PCN Application March 29, 2007 DWQ Request for More Information n~AR 2 g Zoo? 1}~l."1 ANia~ r"*~ ~T~r~.~,41~TFR EiRA~ILti Office Use Only: Form Version March OS USAGE Action ID No. DWQ No. ~kQ fl5 ~02~ 101 Y3 (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) Processing 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: ~(~ ~~. ._ ~ t ~, ~~ II. Applicant Information ~IAI~~~ ~~_;ti Owner/Applicant Information ~~E~IF~ Name: Marcus Edwards Development, LLC; Attn: Matthew WmsPow Mailing Address: 416 US Highway North, Suite B 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: ~ayCa~kellerenvironmental.com Page 1 of 9 III. Project Information At~ac'1'i a vicmity ma~~c~arly 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: Winston Ridge Highway 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 Highway 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 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. 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 lief imnartc ~l„P to hnrh etrnrtnra and fl~,~,.1;,,~. - - Wetland Im act P - Type of Wetland a- Located within Distance to Area of Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact indicate on ma ( P) herbaceous, bog, etc.) Floodplain Stream (acres) (yes/no) (linear feet) Total Wetland Impact (acres) ~ 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 Number (indicate on ma) Stream Name Type of Impact Perennial o~ Intermittent. Average Stream Width Before [m act Impact Length (linear feet) Area of Impact (acres) UT To Horse Creek Box Culvert & wingwalls Perennial 4 20 0.002 Total Stream Impact (by length and acreage) 20 0.002 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 ing, flooding, drainage, bulkheads, etc. Open Water Impact Name of Waterbody Type of Waterbody Area of Site Number (if applicable) Type of Impact (lake, pond, estuary, 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 proiect: Stream Impact (acres): 0.002 Wetland Impact (acres): 0 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0.002 Total Stream Impact (linear feet): 20 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 hiahway 96 Wmawalls 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.enr.state.nc.us/ncwetlands/strmgide 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* Impact (s uare feet) Multiplier Required Mitigation 1 700 3 (2 for Catawba) 2,100 2 250 1.5 375 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 widenina proiect involves glacina aaaroximately 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 29, 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 MAR-29-2007 09:51 FROM:DWO-WETLAhJDS 9191336893 T0. 98447438 P:2'2 o~o~ wA~FR°c ~ =.i D 'C Viichacl F F,asley, ~ioveenor wiltia~n G. Ross Jr.,.Secratory Ncny'h Carohna Deportment of ~;nv,rtmmcnt anti Natural Resources Alan W Khmck, P t;. L)irectnr 1~ivi51M1 0(W 11ef oUaitly March 29, 2007 CERTiriED M.A)(L: 12ETURN REGETPT REQUESTED M~•trcus Edwards Development, LLC Stan: Mr. Matthew Winslow 41G US T-]ighwa;v 1 North, Suite R Youngsville, NC 27596 DWQ EXP No. OS-21G7v3 Winston Midge/Highway 9G Widening Franklin County REQUEST FOR. MORE INFORMAT)<ON-EXPRESS REI~IF_W PROGRAM Dcaz Mr. W irtslow: On March 27, 2007, the Division of Water Quality (DWQ) received your revised PCN application [equesti,ng a modification to your. 401 Water Quality Certification and Riparian Buffer Authozization to incur additional impacts to st7ea.ms and butters in the Neuse River basin for the above-referenced project, The nWQ has determined that the application will n:yuire additional information. Please provide the toll.owing int:ormation so that we snay continue to review your project and prevent denia] of your application as required by 15A NCAC 2H .0506: 1. Impacts: You have provided conflicting infot~~tion regarding the amount of additional stream impacts you are requcsUng. The cover letter and page 3 of the PCN application note an additional 20 teet, while page 5 of the PCN application notes an additional 36 feet. Please resolve this issue by preparing a new PCN application. Plcaae respond. within five (S) days of the date of this letter by sending f,vc (5) copies of this information. T11C T;xp.ress Review Program is a process that requires all parties to participate in a timely manner. This letlcr only addresses the application. revtcw and does not authorize any impacts to wetlands, waters or protected buffers. Please contact Lia. Myott at (9l9) 733-9502 if you have any questions. Sincerely, Cyndi Karo)y, Supervisor 401 OversightlExpress Review Permittine Unit C,13K/r,:dt~~ cc: nWQ Raleigh Rcgiona.l Uffi.ce USACh Ralei.glt Regulatory Office File copy Central Fil.cs •Tay Kcl)cr, ZCeller Envir~nmcntal. 7921 Haymarket Lane, Raletgh, NC 276t 5 401 aversignt / Expross Review Permitting Unit 1650 M9il §oNlcn Center, Releigh, North Carolina 27699.1650 2321 CreDtr>;e 9oulev;trd, 5ulto 250, Raleigh, North Carolina 27G04 phonon 919.733-17861 FAX 919-733~&B93/lntemeehit rrLl/n~o.errstalc.nau5'rr,wat!ands N~' ~.hCaro ~'na ,11'~rrfura!!~ An Equel Opportunlly/Afnrmatlvo Action Employer - 50°h Recycled11096 Posl Consumer Paper