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HomeMy WebLinkAbout20060770 Ver 1_More Info Received_20060602 ~ ~ Soil & Environmental Consultants, PA 11010 Raven Ridge Road Raleigh, North Carolina 27614 Phone: (919) 846-5900 Fax: (919) 846-9467 www.SandEC.com June 2, 2005 S&EC Project #2939.W3 DWQ Project #06-090 Department of Environment and Natural Resources Division of Water Quality Attn: Cyndi Karoly and/or Amy Chapman ~ ~ ~~ ~'° ~ ~.~' 2321 Crabtree Boulevard ~~ ~ ' Suite 250 ~ ~ ~ ~'' `~ ~~ ~ Raleigh, NC 27604 ~R ~~ 4~ ~~? ~~ ~4~ ~ ~ S' ~~ .r Re: Reply to the Division of Water Quality s Request for More Information ~ Town of Cary-Louis Stephens Drive Project t ~.~ ~~ } ZGG V Cary, Wake County, NC ,~r,p ,1~.4' i t.ti~:L~'1RA Dear Ms. Karoly: The purpose of this letter is to respond to your Request for More Information. The original questions/requests are copied below as they appear on the May 11, 2006 letter and are then followed by our response to each. Additionallnformation Requested: Please correct and resubmit your level spreader worksheets with level spreader length recorded on the worksheets. Attached is the corrected level spreader worksheet with the level spreader length recorded, this worksheet is labeled level spreader ID: 53A and 56. 2. Please provide a worksheet for the scour hole at Outlet No. 58. There were two level spreader worksheets submitted with the application package, one for outlets 53A & 56 and on for outlet 58. Outlets 53A & 56 flow to the level spreader on the southwest side of the proposed crossing. Outlet 58 flows to the pre-formed scour hole on the northeast side of the proposed crossing. DWQ does not provide a worksheet for apre-formed scour hole therefore the engineer utilized the level spreader worksheet including N/A for the length. This worksheet is labeled level spreader ID: 58, this level spreader worksheet was submitted with the original application however an additional copy is attached for your convenience. 3. Please provide a qualitative Indirect and Cumulative Impacts statement to address future potential peripheral development. The proposed impacts are located within the Neuse River Basin (03-04-02), the nearest receiving water is a unnamed tributary to Crabtree Creek with a Water Quality Classification of 27-33-(1), C; NSW. This remaining segment of road that is proposed to be constructed is within the property boundaries of Heritage Pines subdivision. Heritage Pines has recently received a 401 Water Quality Certification from the DWQ (2005-0376). In addition, a complete stormwater management plan was submitted and approved by the DWQ for the Heritage Pines subdivision on May 2, 2006. Outside the property boundaries of Heritage Pines Subdivision and along the Louis Stephens Drive corridor to the north of the proposed impacts is a parcel zoned residential multi-family conforming (see attached map and legend). This parcel is accessible by the existing Louis Stephens Drive and Morrisville Parkway. In addition, this parcel is located within the Town of Cary's jurisdiction and so any proposed plans that do not require additional impact to wetlands, stream or buffers will be reviewed and approved by their engineering department. Furthermore, the Town Charlotte Office: Greensboro Office: 236 LePhillip Court, Suite C 3817-E Lawnc3ale Drive Concord, NC 28025 Greensboro, NC 27455 Phone: (704) 720-9405 Phone: (336) 540-8234 Fax: (704) 720-9406 Fax: (336) 540-8235 of Cary's stormwater requirements are designed to meet or exceed N. C. Division of Water Quality rules for controlling nitrogen runoff in the Neuse River Basin and to provide measures to meet storm water regulations of the federal Clean Water Act. 4. Please provide documentation from the NCEEP indicating their willingness to provide the necessary mitigation credits for the project. I have attached the North Carolina Ecosystem Enhancement Programs Acceptance letter dated May 15, 2006 for your file. Additionally, I have attached a new "Overall Mitigation Sheet" and revised sheets 7 & 8 of the PCN. This map represents the revised amounts of mitigation that is being proposed to the DWQ. This revision does not change the stream or wetland mitigation proposed, however it does lower the amounts of riparian buffer mitigation proposed for Zones 1 & 2. According to 15A NCAC 02B .0242(3)(b)(iii), impacts to wetlands within Zones 1 and 2 of the riparian buffer that are subject to mitigation under 15A NCAC 2H .0506 shall comply with the mitigation ratios in 15A NCAC 2H .0506, basically eliminating the "double dipping" factor out of mitigation. We anticipate that this answers all of the DWQ's questions in order to complete the final review process fora 401 Water Quality Certification. If you have any further questions or any additional explanation is needed, please don't hesitate to call. Sincerely, -., Debbie Edwards Environmental Specialist CC: Tim Bailey-Town of Cary, PO Box 8005, Cary, NC 27513 Mark Miller-K. Hovnanian Homes, 3500 Regency Parkway, Suite 240, Cary, NC 27511 Attachments: 1) Level Spreader Worksheet ID: 53A and 56 2) Level Spreader Worksheet ID: 58 3) Town of Cary Zoning Map & Legend 4) NC Ecosystem Enhancement Programs Acceptance Letter-dated May 15, 2006 5) Revised sheets 7 & 8 of the PCN 6) Overall Mitigation Map Sheet 2 DWQ Project No. DIVISION OF WATER QUALITY -LEVEL SPREADER WORKSHEET I. PROJECT INFORMATION (please complete the following information}: Project Name : Louis Steahens Contact Person: Peyton N. Joyner, P.E. Phone Number: (9191469-1 i01 Level Spreader ID: 53A and 56 Level Spreader Length ft. Drainage Area ac. Impervious Area ac. Maximum Filter StriplBuffer Slope Grass Max. Discharge ftom a 1 Q Year Storm Max. Discharge to Level Spreader Flter StriplBuffer Vegetation Pre-treatment or Bypass Method Il. REQUIRED ITEMS CHECKLIST 185 3.17 1.37 i3 (perpendicular to flow) (on-site and off-site drainage to the level spreader) (on-life and off site drainage to the level spreader) ~° (6% for forested, leaf 1it11er cover, 8% for thick ground cover}* 14.22 cfs 14.22 cfs Grass None (thick ground cover or grass, canopied forest with leaf litter graundcover) Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached. tf a requirement has not been met, attach an explanation of why. At a minimum, a complete stormwater management plan submittal indudes a worksheet for each BMP, design calculations, plans and spedfications showing all BMPs and outlet structure details, a detailed drainage plan and a fully executed operation and maintenance agreement. An int~mplete submittal package will result in a request for additional information and will substantially delay final review and approval of the project. lica is Initials ~~ Level spreader is at least 13 ft. per cfs for thick ground cover or grass or 1 t}0 ft per cfs in canopied forest with leaf litter. NIA Pre-Form Scour Hales are on flat slopes only Na structures are Iecated in protected buffers* If bypass method specified in the draft Level Spreader Design Option Document: N!A Bypass method is specified (if applicable} and plan details and calculations are provided NIA Discharge to level spreader and subsequent fi{ter strip is hydraulically and spatially separate ftom the bypass discharge. No structures are located in protected buffers. NI Plan details for the bypass and outlets are provided. The operation and maintenance agreement includes annual erasion and vegetafion repair. The operation and maintenance agreement signed and notarized by the responsible party is provided. * Level spreaders in series can be used on slopes of up to 15°k in forested areas with leaf littler cover or on slopes of up to 25°~ in areas with thick ground cover or grass if designed according to the Draft Level Spreader Design Option Document. This potentially requires a minor variance in protected buffer areas, In any event the second level spreader cannot be located in Zone 1 of a protected buffer area. ~:Uobs11741}Weritagc PineslLouis Stcphens_ 25\DrawingslWcUand ImpactlDWQ DacumentslLS WO[tKSH1rET -Outlet Y.doc DWQ Project D1VIStON OF WATER QUALITY -LEVEL SPREADER WORKSHEET I. PROJECT INFORMATION (please complete the following information): Project Name : Louis Ste hens Contact Person. Penton N. Joyner P.E. Phone Number. L919} 469-1101 Level SpreaderlD: 58 Level Spreader Length ft. Drainage Area ac. Impervious Area ac. Maximum Filter 5triplBuffer Slope Grass Max. Discharge from a 10 Year Storm Max. Discharge #o Level Spreader Filter StriplBuffer Vegetation Pre-treatment or Bypass Method ll. REQUIRED ITEMS CHECKLIST 5.22 cfs 5.22 cfs Grass None (perpendicular to flow} (on-site and off-site drainage fo the level spreader) (on-site and off-site drainage to the level spreader} (fi°~ for forested, leaf littler cover, 8% for thick ground cover}* (thick ground cover ar grass, canopied forest with leaf litter groundcover} Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached. !f a requirement has not been met, attach an explanation of why. At a minimum, a complete siarmwater management plan submittal includes a worksheet for each BMP, design calculations, plans and specifications showing all BMPs and outlet structure details, a detailed drainage plan and a fully executed operation and maintenance agreement. An incomplete submittal package will result in a request for additional information and will substantially delay final review and approval of the project. Applicants Initials N!A Level spreader is at feast 13 ft. per cfs far thick ground cover or grass or 100 ft per cfs in canopied forest with leaf rn litter. ,(1 Pre-Farm Scour Hales are an flat slopes only No structures are located in protected buffers* It bypass method specified in the Draft Level Spreader Design Option Document: NIA Bypass method is specified (if applicable} and plan details and calculations are provided NIA Discharge to level spreader and subsequent filler strip is hydraulically and spatially separate from the bypass discharge. ' Na shuctures are located in protected buffers. Nl~ Plan details for the bypass and outlets are provided. The operation and maintenance agreement includes annual erosion and vegetation repair. The operation and maintenance agreement signed and notarized by the responsible party is provided. -Level spreaders in series can be-used an slopes of up to 15°~ in forested areas with leaflitfler cover or on slopes of up to 25% in erea5 with thick ground cover or grass if designed according to the Draft Level Spreader Design Option Document. This potentially requires a minor variance in protected buffer areas. In any event the second level spreader cannot be located in Zane 1 of a protected buffer area. IJIA 0.95 o.s7 a F:Uobs117001Flcriingc Pincsll.ouis Stephcns_.2~\DrnwingslWetlnnd ImpactlDWQ pocumcntslLS WOIiKSI-ICET - Outlcl U.doc Eco stem PROGRAM May 15, 2006 Debbie Edwards S&EC 11010 Raven Ridge Road Raleigh, NC 27614 Project: Louis Stephens Drive County: Wake Y D MAY 19 2006 er: soa s Emriramienral consultants. Pa The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) is willing to accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these agencies to determine if payment to the NC EEP will be approved. This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404 PermiU401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the 404/401/CAMA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401 Certification an invoice will be issued and payment must be made. Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following table. River Basin Wetlands Stream Buffer Buffer Cataloging (Acres) (Linear Feet) Zone 1 Zone 2 Unit (Sq. Ft.) (Sq. Ft.) Ri arian Non-Ri arian Coastal Marsh Cold Cool Wane Neuse 0.59 0 0 0 0 164 10,230 6,025 03020201 Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts up to a 2:1 ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the compensatory mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or CAMA Permit. 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 Chris Mankoff at (919) 716-1921. Sincerely, .~ . ~i1 Foy W lliam D. Gilmore, PE irector cc: Cyndi Karoly, Wetlands/401 Unit Monte Matthews, USACE -Raleigh Eric Kulz, DWQ Regional Office -Raleigh File RP~StDirll29... ~ ~ ... PYDt-A.~ OGGY StQ,t-L Q' fi~ NCDENR North Carolina Ecosystem Enhancement Program, 1652 Mait Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net 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. The applicant proposes to utilize the Ecosystem Enhancement Program for all miti ag tion 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 (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): 164 (a7 2:1 = 328 Amount of buffer mitigation requested (square feet): 6,414 ft2 Amount of Riparian wetland mitigation requested (acres): 0.59 Amount ofNon-riparian wetland mitigation requested (acres): 0 Amount of Coastal wetland mitigation requested (acres): 0 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 (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 Page 7 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 (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 Meuse )? 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. ROADWAY/PERMANENT & TEMPORARY IMPACTS Zone* Impact s uare feet Minus wetlands in bu er s uare eet Remaining buffer Im act s uare eet Multiplier Required Miti ation 1 10,230 9,152 1,078 3 (2 for Catawba) 3,234 2 6,025 3, 905 2,120 1.5 3,180 Total 16,255 13, 057 3,198 6,414 UTILITY IMPACTS Zone* Impact s uare feet) Multiplier Required Miti ation 1 48 3 (2 for Catawba) N/A 2 269 1.5 N/A Total 317 N/A LEVEL SPREADER IMPACTS Zone* Impact s uare feet Multiplier Required Miti ation 1 72 3 (2 for Catawba) N/A 2 859 1.5 N/A Total 931 N/A * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends additiona120 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, 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. The applicant previously proposed payment into the Ecosystem Enhancement Program for buffer mitigation in the amount of 39 728 ft2 x $.96 = $38 138 88 However according to 15A NCAC 02B .0242(32(b~(iii), mitigation is required in the amount of 6 414 ft2 x $.96 = $6,157.44 XI. Stormwater (required by DWQ) Page 8 Town of Cary -Online Map Page 1 of 1 iniomatiion r ' -.. ..~ 1„ ;.. . RISIhIL'LE{P~K'G... ~ _ ., , ~ ~.,. ,, li+i ~4_~1- 1:i.i ~ - ~' - '. ~. '. .... ..,... ". . r . . . / I~ i^ 1Jr ;Flit ~ ~ ~ ~ // / / i.4 tt11 f iii '. , '.. ... .. , , . ,.,. ~ ~ ,,~~ ~:_~1~~ / ¢ /~ i _ _ , t:~-. rry7 cd_1i ~~ ~v t."; r 7a ~' i ~~ 74 a' ice,, DISCLAIMER: The information contained on this page is NOT to be construed or used as a "legal description". Map information is believed to be accurate but accuracy is not guaranteed. In no event will the Town of Cary be liable for any damages, including loss of data, lost profits, business interruption, loss of business information or other pecuniary loss that might arise from the use of this map or the information it contains. http://209.42.194.57/CaryMap/ViewMap.aspx?ItemID=11 &PortalID=1 6/1/2006 Page 1 of 1 Legend streeds .~--- MeinRoads 0 ~'Y Sewer Lines serwtary sewer Line - -Abandoned Force Main Force Main Sanitary Sewer Line - -Abandoned Force Main Abandoned Force Mein - - Sanitay Sewer Line Water Lines VWter Line VYater Line - - Abmndoned Vl~ter Line Abandoned Water Line River Buffers 100' offer ~` 50' ~Jffer Water CreeksAndStreams LakesAndPonds Zoning Districts R12 R~ d _ R40 R20 OCCU RMF _ TRCU R8 C~.I ORD r ;, ;/ R12-C 1'.?s.~. RMF-C i ////. oROCx, R40-C ~~~~ RBCU ~~~~/, R12CU PDDMhor ~~`~ Ri3-C '' PDDINinor _ TR CT http://209.42.194.57/Cary/Portals/1/Images/legend_CaryProperty.gif 5/16/2006