20031582 Ver 1_More Info Received_20040302

?OF WAT?,QQ micnaei r. tasiey, uovernor
William G. Ross Jr., Secretary
?O North Carolina Department of Environment and Natural Resources
[ Alan W. Klimek, P. E. Director
-I Division of Water Quality
D Y
Coleen H. Sullins, Deputy Director
Division of Water Quality
March 2, 2004
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Town of Wake Forest
Attn: Mark Williams
401 Elm Avenue
Wake Forest, NC 27587
Cady Construction
Attn: Daryl Cady
123 S. White Street
Wake Forest, NC 27587
Capital Land, LLC
P.O. Box 1354
Wilmington, NC 28480
DWQ Project No. 03-1582
Wake County
Page 1 of 2
Subject Property: Franklin Street Extension, Wake Forest, NC
Smith Creek [03-04-02, 27-23-(2), C NSW (nutrient sensitive)]
REQUEST FOR MORE INFORMATION
Dear Sirs:
On March 1, 2004, the Division of Water Quality (DWQ) received your letter dated February 25, 2004 providing some of
the additional information requested within our letter to you dated February 10, 2004 in regards to your application dated
December 12, 2003 to impact 132 feet of perennial stream and 14,960 square feet (ft) of protected riparian buffers to
construct the proposed Franklin Street Extension. The DWQ has determined that your application was incomplete and/or
provided inaccurate information as discussed below. The DWQ will require additional information in order to process your
application to impact protected wetland, streams and/or buffers on the subject property. Therefore, unless we receive the
additional information requested below, we will have to move toward denial of your application as required by 15A NCAC
2H .0506 and 2B.0233(8) and will place this project on hold as incomplete until we receive this additional information.
Please provide the following information so that we may continue to review your project.
Additional Information:
Please note that your application will remain on hold until the additional information related to comments 1, 2 and 3 of
your February 25, 2004 letter are provided.
Please respond within one month of the date of this letter by sending this information to Mr. Bob Zarzecki in writing and
Mr. Steve Mitchell of the DWQ Raleigh Regional Office. If we do not hear from you within one month, we will assume that
you no longer want to pursue this project and we will consider the project as withdrawn.
This letter only addresses the application review and does not authorize any impacts to wetlands, waters or protected
buffers. Please be aware that any impacts requested within your application are not authorized (at this time) by the DWQ.
Please call Mr. Bob Zarzecki at 919-733-9726 if you have any questions regarding or would like to set up a meeting to
discuss this matter.
North Carolina Division of Water Quality, Wetlands/401 Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetiands/
Franklin Road Extension
Page 2 of 2
March 2, 2004
Sincerely,
Dorney,
Inds/401 Unit, W
Attachments: DWQ Draft Cumulative Impact lic
cc: Frederick Rash, PE, Rice & Associates, 978 Trinity Road, Raleigh, NC 27607
USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
File Copy
Central Files
DWQ031582
March 2, 2004
bz

KILL&
February 25, 2003 ASSOCIATES
Mr. Bob Zarzecki
Division of Water Quality
401 /Wetlands Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Re: Response to Comments DWQ Letter dated 2/10/04
Franklin Street Extension
Wake Forest, Wake County, North Carolina
DWQ Project #: 03-1582
R&A Project #: 03-018
Dear Mr. Zarcecki:

MAR .1 2004
,. t'; .' 8['-Cif0
Rice & Associates is providing the following response to the Division of Water Quality
(DWQ) comments dated February 10, 2004 related to the Preconstruction Notification
(PCN) Application submitted for the above-referenced project. These responses are
being provided within the three (3) week time frame requested by DWQ. Responses are
enumerated for each comment and the original comment has been restated for clarity.
Comment #1: Stream Impact: Your proposed lengt!-? of stream impacts appears to be
greater than 132 feet. It appears that the inlet and outlet protection areas were not
accounted for in determining the length of impact to the stream. Please provide
additional information clearly accounting for the total length of stream impacts
(including fill, inlet/outlet protection, rip-rap, channel relocation, etc.).
Response #1: Additional topographic data has been collected to more clearly reflect
the natural meander of the channel. The length of the impact to the channel will be
checked and verified, including inlet/outlet protection, and rip-rap. Any changes will be
noted and officially transmitted to the DWQ along with an updated impact exhibit.
Comment #2: Stream Stability: Your plan proposes ,to use three (3) forty eight (48).-
inch pipes all placed at the same elevation with six (6) inches of dirt within them for
aquatic life passage. This will essentially widen the stream to twelve (12) feet at the
proposed crossing. The DWQ believes that is will potentially lead to the degradation of
the stream. Please redesign the plan such, that it does not degrade the stream and
provides for aquatic life passage. You may choose, to place one of the pipes in
978 Trinity Road • Raleigh, North Carolina 27607 • Voice 919.854.0811 • Fax [phone] • Email: genmail 9riceassociates.net

Response to DWQ Comments (Letter February 12, 2004)
Franklin Street Extension
February 25, 2004
Page 2 of 3
alignment with the existing stream and the other two pipes above the bankfull elevation
of the existing stream. Also, please note that the US Army Corps of Engineers may
require you to bury any pipes placed with the stream one (1) foot below the elevation of
the existing streambed.
Response #2: The design will be revised to reflect one culvert in alignment with the
existing stream and the other two pipes above the bankfull elevation of the existing
stream. The invert of the pipe placed within the stream will be set one (1) foot beneath
the streambed to allow aquatic life passage pursuant to the US Army Corps of Engineers
requirement.
Comment #3: Buffer Mitigation: You stated in your application that the proposed
buffer impacts will total 14,960 square feet (sf). This is greater than 1 /3 acre and will
therefore require buffer mitigation for the entire 14,960 sf. Please either reduce the
proposed impacts below 1 /3 acre or provide a mitigation plan for the proposed
impacts.
Response #3: Mr. Jay Keller of Skelly & Loy and Mr. Bob Zarzecki of DWQ discussed
the site on February 20, 2004. They agreed that a significant portion of the area at the
proposed crossing had been graded by previous development (i.e. existing sanitary
sewer outfall). The Town of Wake Forest maintains the easement along the sewer line,
which extends through the buffer. Therefore, a question was raised as to whether the
buffer limits could be adjusted based upon this pre-existing permanent impact. In
addition, Rice & Associates is collecting additional field data to verify the limits of the
stream banks and buffers. This information will be updated on the stream and buffer
impact exhibits. Since the proposed crossing exceeds the 1 /3 acre buffer mitigation
threshold by only 440 sf, our culvert design will be re-evaluated and if possible modified
to reduce the impacts below the mitigation threshold, as requested.
Comment #4: Cumulative Effects: It appears that this project has the potential to lead
to cumulative impacts to wetlands, waters, and/or buffers. Please read the attached
"Draft Internal Policy, Cumulative Impacts and the 401 Water Quality Certification and
Isolated Wetland Programs" document and provide additional information describing
any potential cumulative impacts associated with the proposed project.
Response #4: This project, while being handled as a local project approved for
construction by the Town of Wake Forest, is actually funded under a grant from the
NCDOT (NCDOT Grant # 9.8052728, dated 28 June 2003). In addition, the area at
the site is already built out including: Deacon's Ridge and Heath Ridge Subdivisions,
Library, and EMS building. The fourth parcel, owned by Capital Land, LLC is
undeveloped, and fronts HWY 98 Bypass. It may be subject to the affects outlined in the
Response to DWQ Comments (Letter February 12, 2004)
Franklin Street Extension
February 25, 2004
Page 3of3
draft policy but this roadway extension project is not being completed in conjunction
with any sort of development on that property.
Additional information related to comments 1,2, and 3 will be provided in the coming
weeks once we have completed additional data collection and made modification to the
drawing exhibits. In the interim, if you should have questions or require additional
clarification during the review please feel free to contact me at [phone],
extension 103.
Very truly yours,
RICE & ASSOCIATES
1?
Frederic D. Rash, P.E.
Cc: Roe O'Donnell - Town of Wake Forest
Daryl Cady - Cady Construction
Tom Rahill - Capital Land, LLC
Steve Mitchell - DWQ