20060770 Ver 2_401 Application_20070330

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March 29, 2007 ?s
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Division of Water Quality COPY
401/Wetlands Unit
1650 Mail Service Center
Suite 120
Raleigh, NC 27699-1650
RE: PCN Application for Jenks Carpenter Road
DWQ Action ID 04-244
To whom it may concern:
Enclosed is a courtesy copy of a PCN Application for a Town of Cary road realignment project.
We believe this project will be permitted under a Nationwide 14. Michael Horan, Environmental
Specialist form the DWQ Raleigh field office, determined on July 14th, 2004 that this project is
not subject to Neuse River Riparian Buffer Protection Rules. Letter correspondence detailing this
determination is enclosed.
Please do not hesitate to call me directly at [phone] if you have any questions or need
additional information regarding this request or additional copies of this PCN.
Sincerely,
Wilbur Smith Associates
SunTemple Helgren, CEP
Senior Environmental Planner
CC: Tom Ellis, PE - Town of Cary MAR 3 0 200/
USACOE - Raleigh Field Office r QUASI"
Project File k0 0a-"'10STria"ATER BRANCH
Enclosure: PCN Application
421 Fayetteville Street, Suite 1303 Raleigh, NC 27601
919.755.0583 f919.832.8798 www.WilburSmith.com
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No. 04-244 O Lo - D11 C> V 2
(If any particular item is not applicable to this project, please enter "Not Applicable" or
1. Processing 1_?RT Y
COPY
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: Nationwide 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 h r= ;
II. Applicant Information
MAR' Zp1(
1. Owner/Applicant Information DEM, rr'
Name: Tom Ellis, PE, Senior Engineer - Town of Cary °i''?D^``t'7n"""°'" 'tl`?'
Mailing Address: Town Hall Campus, 316 North Academy Street
Cary NC 27511
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: [e-mail]
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: SunTemple Helgren
Company Affiliation: Wilbur Smith Associates
Mailing Address: 421 Fayetteville Street, Suite 1303
Raleigh, NC 27601
Telephone Number: 919-573-4196 Fax Number: 919-832-8798
E-mail Address: [e-mail]
Updated 11/1/2005
Page 5 of 13
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: Jenks Carpenter Road
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 0744147704
4. Location
County: Wake Nearest Town: Cary
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.): from Interstate 40 take
the NC-54 exit (Exit 290) toward Cary. Turn left onto Chapel Hill Rd. (NC-54). Turn
right onto NE Maynard Rd (NC-54 W). Turn night onto High House Rd. Turn right
onto Carpenter Upchurch Rd. The pond is on the right, due east of the intersection of
Carpenter Upchurch Rd. and Louis Stephens rd.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.7928 ON 78.8575 °W
6. Property size (acres): 70 acres
7. Name of nearest receiving body of water: Turkey Creek
8. River Basin: Neuse River
(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: The project site is located on the southeast quadrant of the
intersection of Louis Stephens and Carpenter Upchurch Road. The site is bordered by
Updated 11/1/2005
Page 6 of 13
open field, Louis Stephens Road, and a residential subdivision. The wetland features is
best described as an old, manmade farm pond. A lot of algae is visible on the water's
surface. Land use in the immediate vicinity is a mixed use of agriculture, open space,
and residential.
10. Describe the overall project in detail, including the type of equipment to be used: The
project is a roadway proiect which entails the widening and re-alignment of Carpenter
Upchurch Road to tie in with Louis Stephens Road. And Jenks Carpenter Road. Jenks
Carpenter Road from approximately 1500 feet south of High House Road and
Carpenter Upchurch Road intersection, and Carpenter Upchurch Road from
approximately 345 feet north of High House Road to Louis Stephens Road. The wetland
feature in question (pond) will be drained and filled with earth borrow from an
approved source. Mechanized equipment commonly used in similar activities such as
graders, earth movers, front end loaders, bull dozers and backhoes may be used in
some capacity during construction. The wetland and stream features below the pond
impoundment will not be disturbed.
11. Explain the purpose of the proposed work: The roadway will impact nearly a third of a
less than 0.5 acre pond. Leaving the remaining approximately 0.2 acre pond will
require installation of a guardrail. Not filling the entire pond would be a safety issue.
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 field visit to the proiect site was conducted by Ms. Burdette of the
USACOE on 12/02/04 at that time she determined the pond to be jurisdictional. In
addition, she determined that no mitigation would be required for this roadway proiect if
the impact was under 0.5 acres and a Nationwide 14 permit would be issued.
A site visit by Michael Horan of the DWO (NBRRO # 04-244) was conducted on 04/14/04 at
which time he made on on-site determination that the pond and the downstream wetland
features were not subject to the Neuse River Buffer Rule. A copy of his letter describing
this determination is included with this PCN.
There is an Action ID # of 20052451 on record with the USACOE; however, the proiect the
aforementioned Action ID refers to occurs approximately 3+ miles north of this proiect and
is a totally separate proiect which is not part of this PCN.
V. Future Project Plans
Updated 11/1/2005
Page 7 of 13
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 future permit requests are anticipated for this proiect.
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. 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: Draining and filling of farm pond.
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
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
( es/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
n/a 0

Total Wetland Impact (acres) 0
3. List the total acreage (estimated) of all existing wetlands on the property:0.5 acres
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,
Updated 11/1/2005
Page 8 of 13
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.
Stream Impact
Number
(indicate on ma)
Stream Name
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Impact Impact
Length
(linear feet) Area of
Impact
(acres)
N/A 0

Total Stream Impact (by length and acreage) 0
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, dredging. flooding. drainage. bulkheads. etc.
Open Water Impact
Site Number
(indicate on ma) Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)
1 n/a fill pond 0.47

Total Open Water Impact (acres) 0.47
6. List the cumulative impact to all Waters of the U_S. resulting from the nroiect
Stream Impact (acres): 0
Wetland Impact (acres): 0
Open Water Impact (acres): 0.47
Total Impact to Waters of the U.S. (acres) 0.47
Total Stream Impact (linear feet): 0
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.
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
Updated 11/1/2005
Page 9 of 13
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
Current land use in the vicinity of the pond: N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. We are using the minimum
radius for the minimum design speed on this type of facility and it is not possible to avoid
the pond entirely without impacting buildings owned by the pond's owner.
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 (see DWQ website for most current
version.).
Updated 11/1/2005
Page 7 of 10
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,
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.
No mitigation is anticipated to be required
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
[phone] 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://www.nceep.net/pages/inlieureplace.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 of Non-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 a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] 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,
Updated 11/1/2005
Page 11 of 13
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.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 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.
Impact Required
Zone* -r,, Multiplier
1 0 3 (2 for Catawba) 0
2 0 1.5 0
Total 0 0
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
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. N/A
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. We are realigning an existing roadway so the
existing vs. proposed impervious area will not be significantly different. Design for erosion
control and storm water is not complete at this time. All erosion control and storm water
designs will be in accordance with NCDENR, Land Quality and other jurisdictions
requirements as appropriate.
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.
N/A, no wastewater will be generated.
Updated 11/1/2005
Page 12 of 13
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
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: This
proiect is purely a roadway proiect that is needed partly due to existing development. It is
not expected to result in additional development.
XV. 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).
J (-J ?, ?)])?
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Updated 11/1/2005
Page 13 of 13
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? VII A T? Michael F. Easley, Governor
/? William G. Ross Jr., Secretary
`O? QG North Carolina Departme,. 4 Environment and Natural Resources
co Alan W. Klimek, P.E. Director
r Colleen H. Sullins, Deputy Director
Division of Water Quality
o -c
August 6, 2004 Qero IV
- f t llNBRRO # 04-244
C : Wake County
X01 PJ Page 1 of 2
Mrs. Kim Burton 2004
Wilbur Smith Associates
333 Fayetteville Street Mall (27601)
Suite 1450 (o - b ,? ?] U
PO Box 2478 2
Raleigh, NC 27602-2478
Subject Property: Louis Stephens Alignment Alternative 2A, High House Road & Carpenter -
Upchurch Road
UT to Turkey Creek (27-33-2, C NSW, 030402)
On-Site Determination for Subjectivity to the Neuse River Riparian Area Protection Rules (15A
NCAC 2B.0233)
Dear Mrs. Kim Burton:
On July 14th, 2004, at your request I conducted an on-site determination to review the pond and
downstream feature located on the subject property for applicability to the Neuse Buffer Rules (15A
NCAC 2B .0233). The feature in question is labeled as "A & B" on the attached map initialed by me on
August 4th, 2004.
During the site review it was determined that feature "A" (the pond) is not subject to the Neuse Buffer
Rule. The feature below the pond labeled as "B" is also not subject to the Neuse Buffer Rule.
The Division of Water Quality (DWQ) has determined that the surface water labeled as "A & B" on
the attached map is not Subject to the Neuse Buffer Rule. These features listed above and its
associated buffers should be identified on any future plans for this property. The owner (or future owners)
should notify the DWQ (and other relevant agencies) of this decision in any future correspondences
concerning this property. This on-site determination shall expire five (5) years from the date of this letter.
Landowners or affected parties that dispute a determination made by the DWQ or Delegated Local Authority that a
surface water exists and that it is subject to the buffer rule may request a determination by the Director. A request
for a determination by the Director shall be referred to the Director in writing c/o John Dorney, DWQ Wetlands/401
Unit, 2321 Crabtree Blvd., Raleigh, NC 27604-2260. Individuals that dispute a determination by the DWQ or
Delegated Local Authority that "exempts" a surface water from the buffer rule may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. Applicants are hereby notified that the 60-day
statutory appeal time does not start until the affected party (including downstream and adjacent landowners) is
notified of this decision. DWQ recommends that the applicant conduct this notification in order to be certain that
third party appeals are made in a timely manner. 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, 6714 Mail Service
Center, Raleigh, N.C. 27699-6714. This determination is final and binding unless you ask for a hearing within 60
days.
This letter only addresses the applicability to the buffer rules and does not approve any activity within the buffers.
Nor does this letter approve any activity within Waters of the United States or Waters of the State. If you have any
additional questions or require additional information please call me at [phone].
Raleigh Regional Office 1628 Mail Service Center t+ ILDEP,"R
Water Quality Section Raleigh, NC 27699-1628
phone [phone] Customer Service
facsimile [phone] 1-877-623-6748
Wilbur Smith Associates
8/4/2004
Page 2 of 2
Since ely,
'lea
Michael Horan,
Environmental Specialist
DWQ, Raleigh Regional Office
cc: DWQ 401 Wetlands Unit,
RRO Regional Office
File Copy
Central Files
Wake County
NBRRO # 04-244
8/4/2004
NorthCarolina
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