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HomeMy WebLinkAbout20110764 Ver 1_401 Application_2011081120 1 1 076 4 C-. E--.TIN6 A 76N YEARS SEPI C ENGINEERING 1k CONS71IUCf[ON August 16, 2011 Ms. Amy Chapman 1650 Mail Service Center Raleigh, NC 27699-1650 Dear Ms. Chapman: r?c??ad12 AUG 1 6 2011 1025 WADE AVENUE RALEIGH, NC 27605 TEL 919.789.9977 . FAX 919.789.9591 Subject: Neuse Buffer Authorization for proposed greenway associated with Farm Bureau Tract, US 70 (Glenwood Avenue), Raleigh, NC; SEPI Project No. EN11.018.00 On behalf of the NC Farm Bureau, SEPI Engineering & Construction, Inc. (SEPI) respectfully requests written concurrence from the NC Division of Water Quality (NCDWQ) for a Neuse buffer authorization to construct a greenway perpendicular to Zone 2. The proposed greenway will tie into an existing greenway maintained by the City of Raleigh. The total impact to Zone 2 are 40.4 square feet. The project area is located in the City of Raleigh, NC. The project action lies in the Neuse River basin. A pre-construction notification (PCN) form has been completed, and it is attached to this letter. In addition to the PCN, the project permit drawings are attached. Purpose and Need The Farm Bureau proposes to construct a greenway that ties into the City of Raleigh greenway system. Impacts and Avoidance / Minimization Impacts to the Neuse buffer are avoidable. Along the Farm Bureau property, the entire greenway operated by the City of Raleigh is entirely within the project. The project will involve a perpendicular impact to the Neuse buffer, totaling 40.4 square feet of Zone 2. Resources Review SEPI performed a jurisdictional review on June 10, 2011. This review was in conjunction with a site visit with Mr. Martin Richmond of the NCDWQ. A review of digital records from the NC SHPO was conducted on August 10, 2011 to determine if there are any known archaeological or historical resources located within the project study area. Data reviewed, which consisted of NCSHPO Google Earth Digital Data (May 2010) and NCSHPO GIS 2011 Data, depicted no historic properties on the parcel of interest. 1025 WADE AVENUE CELEBRATING - 7EN YEARS eSEP1 RALEIGH, NC 27605 C ENGINEERING & CONSTRUCTION TEL 919.789.9977 . FAX 919.789.9591 As of September 22, 2010 the USFWS lists four federally protected species for Wake County (Table 1). GIS Natural Heritage data (August 2011) was obtained from the NC NHP on August 10, 2011. No federally listed species within 1 mile of the project study area were listed. Table 1. Federally protected species listed for Wake County Scientific Name Common Name Federal Status NHP Occurrence < 1 Mile from Project Haliaeetus leucocephalus Bald Eagle BGEPA* None Listed Picoides borealis Red cockaded woodpecker Endangered None Listed Rhus michauxii Michaux's sumac Endangered None Listed Alasmidonta heterodon Dwarf wedge-mussel Endangered None Listed * Bald and Golden Eagle Protection Act which replaced the listing of the bald eagle on the Endangered Species Act of 1972. FEMA Flood zones The project is located within a FEMA designated 100-year floodplain. The project does not propose any impervious surface in the floodplain, and the addition of 40 sq ft of mulch trail will not change the elevation or location of the 100 year floodplain. Regulatory Approvals Neuse Buffer Authorization: Application is hereby made for a NCDWQ Neuse buffer authorization as required for the above-described activities. Section 401: No written concurrence from the N. C. Division of Water Quality is requested. The application is for informational purposes only. If you have questions regarding this permit application, please contact Mr. Phillip Todd, of SEPI Engineering & Construction, (919) 789-9977. Page 2 \O??F W ATE9QG T. o ? Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre-Construction Notification PC Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: El Section 404 Permit ? Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ?Yes ® No 1d. Type(s) of approval sought from the DWQ (check all that apply): ? 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit ? 401 Water Quality Certification - Express ® Riparian Buffer Authorization 1e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ®Yes ? No For the record only for Corps Permit: ®Yes ? No 1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu fee program. ?Yes ® No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ?Yes ® No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ?Yes ® No 2. Project Information 2a. Name of project: Farm Bureau 2b. County: Wake 2c. Nearest municipality / town: Raleigh, NC 2d. Subdivision name: n/a 2e. NCDOT only, T.I.P. or state project no: n/a 3. Owner Information 3a. Name(s) on Recorded Deed: NC Farm Bureau Federation, Inc. 3b. Deed Book and Page No. Deed Book: 1744 pg. 528 3c. Responsible Party (for LLC if applicable): n/a 3d. Street address: 5301 Glenwood Ave 3e. City, state, zip: Raleigh, NC 27612 3f. Telephone no.: 919-782-1705 3g. Fax no.: 919-783-3593 3h. Email address: Perry.crutchfield@ncfb.org Page 1 of 10 PCN Form - Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ® Agent ? Other, specify: 4b. Name: 4c. Business name (if applicable): Same as landowner 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Phillip Todd 5b. Business name (if applicable): SEPI Engineering and Construction, Inc. 5c. Street address: 1025 Wade Ave 5d. City, state, zip: Raleigh, NC 5e. Telephone no.: 919-789-9977 5f. Fax no.: 919-789-9591 5g. Email address: ptodd@sepiengineering.com Page 2 of 10 PCN Form - Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 0796132387 1 b. Site coordinates (in decimal degrees): Latitude: 35.845335° Longitude: -78.692757° 1c. Property size: +/-19.46 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Crabtree Creek proposed project: 2b. Water Quality Classification of nearest receiving water: Class C, NSW 2c. River basin: Neuse River Basin 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The project area is currently mixed hardwood forest with institutional development (Farm Bureau). Land in the vicinity that has not been cleared for buildings or parking in in mature mixed hardwood forest. 3b. List the total estimated acreage of all existing wetlands on the property: 0.0 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: Crabtree Creek along south side of property (-- 40 feet). 3d. Explain the purpose of the proposed project: The purpose of the project is to provide a mulch greenway that ties into the City of Raleigh greenway system. 3e. Describe the overall project in detail, including the type of equipment to be used: The project involves constructing a mulch greenway connection to the existing greenway maintained by the City of Raleigh. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? ®Yes ? No ? Unknown Comments: A Buffer Review with Division of Water Quality (Martin Richmond) held on June 10, 2011. 4b. If the Corps made the jurisdictional determination, what type ? Preliminary ? Final of determination was made? (see comment 4a.) 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Name (if known): Phillip Todd Other: SEPI Engineering & Construction, Inc. 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. A field review was conducted with Mr. Martin Richmond on June 10, 2011. 5. Project History 5a. Have permits or certifications been requested or obtained for ? Yes ® No ? Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. Page 3 of 10 PCN Form - Version 1.3 December 10, 2008 Version 6. Future Project Plans 6a. Is this a phased project? ? Yes ® No 6b. If yes, explain. C. Proposed Impacts Inventory 1. Impacts Summary 1a. Which sections were completed below for your project (check all that apply): ? Wetlands ? Streams - tributaries ® Buffers ? Open Waters ? Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number - Permanent (P) or Temporary T 2b. Type of impact 2c. Type of wetland (if known) 2d. Forested 2e. Type of jurisdiction (Corps - 404, 10 DWQ - non-404, other) 2f. Area of impact (acres) Site 1E] P ? T ? Yes ? No ? Corps ? DWQ Site 2? P ? T ? Yes ? No ? Corps ? DWQ Site 3? P ? T ? Yes ? No ? Corps ? DWQ Site 4? P ? T ? Yes ? No ? Corps ? DWQ 2g. Total wetland impacts 2h. Comments:. 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number - Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction (Corps - 404, 10 DWQ - non-404, other) 3f. Average stream width (feet) 3g. Impact length (linear feet) ?P?T ?PER ? INT ?Corps ? DWQ 3h. Total stream and tributary impacts 3i. Comments: Page 4 of 10 PCN Form - Version 1.3 December 10, 2008 Version 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number - (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 01 ?P?T 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If and or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Pond ID Proposed use or purpose of Wetland Impacts (acres) Stream Impacts (feet) Upland numb (acres) er pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 5f. Total 5g. Comments: 5h. Is a dam high hazard permit required? ? Yes ? No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If an impacts require mitigation, then you MUST fill out Section D of this form. 6a. ?Neuse ? Tar-Pamlico ? Other: Project is in which protected basin? ? Catawba ? Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number - Reason for impact Buffer Zone 1 impact Zone 2 impact Permanent (P) or Stream name mitigation (square feet) (square feet) Tern orar T required? Site 1 ® P ? T Greenway Connection Crabtree Creek ? Yes ® No 40.4 Site 2 ? P ? T ? Yes ? No Site3 ?P?T ?Yes F1 No 6h. Total buffer impacts 40.4 6i. Comments: D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Buffer impacts are unavoidable to tie to an existing greenway. Sedimentation and erosion controls have been designed for project construction. Page 5 of 10 PCN Form - Version 1.3 December 10, 2008 Version 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. During construction all appropriate and required sediment and erosion control measures will be utilized. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ? Yes ® No 2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps 2c. If yes, which mitigation option will be used for this project? ? Mitigation bank El Payment to in-lieu fee program ? Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments:. 4. Complete if Making a Payment to In-lieu Fee Program 4a. Approval letter from in-lieu fee program is attached. ? Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non-riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form - Version 1.3 December 10, 2008 Version 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ? Yes ® No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). 6h. Comments: Page 7 of 10 PCN Form - Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified ® Yes ? No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. Comments: No impervious areas are proposed for this project. The greenway connector ? Yes ® No trail will be comprised of mulch. 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 0% 2b. Does this project require a Stormwater Management Plan? ? Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: 2e. Who will be responsible for the review of the Stormwater Management Plan? ®Certified Local Government F1 DWQ Stormwater Program City of Raleigh will review plans. ? DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? City of Durham ® Phase II 3b. Which of the following locally-implemented stormwater management programs ? NSW ? USMP apply (check all that apply): ? Water Supply Watershed ? Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ® No attached? 4. DWQ Stormwater Program Review ? Coastal counties 4a. Which of the following state-implemented stormwater management programs apply ? HQW ? ORW (check all that apply): ? Session Law 2006-246 ? Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ? Yes ? No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No 5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No Page 8of10 PCN Form - Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ? Yes ® No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ? Yes ? No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ? Yes ? No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after-the-fact permit application? ? Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. 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. No wastewater generated from proposed project. 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ? Yes ® No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes ® No impacts? El Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ?Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? NC NHP GIS Data (August 2011). GIS Review conducted on August 11, 2011. Page 9 of 10 PCN Form - Version 1.3 December 10, 2008 Version 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? NOAA Essential Fish Habitat Mapper Website was used: http://sharpfin.nmfs.noaa.gov/website/EFH_Mapper/map.aspx 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ? Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? NCSHPO Google Earth Digital Data (May 2010) and NCSHPO GIS 2011 Data. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? -TO-Yes No 8b. If yes, explain how project meets FEMA requirements: The project does not propose any impervious surface in the floodplain, and the addition of 40 sq ft of mulch trail will not change the elevation or location of the 100 year floodplain. 8c. What source(s) did you use to make the floodplain determination? A DFIRM map, Panel 0796, was reviewed from NC Floodmaps on August 11, 2011. http://floodmaps.nc.gov/fmi aspx?FIPS=183 A 4J Applicant/Agent's Printed Name A Ii ant/Agent's Signature ' Date (Agent s sig ature is id only if an authorization letter from the applicant is rovided. V Page 10 of 10 PCN Form - Version 1.3 December 10, 2008 Version KEPI C ENGINEERING &CONSTRUCTION AGENT AUTHORIZATION FORM All Blanks to Be Filled in By the Current Landowner or Municipal Official Name: NORTH CAROLINA FARM BUREAU FEDERATION, INC. Address: 5301 GLENWOOD AVENUE RALEIGH, NC 27612 Phone: (919) 782-1705 Project Name/Description: Farm Bureau Buffer Authorization Request SEPI Project # : EN11.018 Date: 8/01/2011 NCDENR - Division of Water Quality Attention: Ms. Amy Chapman Mail Service Center 1650 Raleigh, NC 27699-1650 Re: Wetlands, Streams and/or Buffer Related Consulting and Permitting To Whom It May Concern: I, The current landowner or municipal official, hereby designate and authorize SEPI Engineering & Construction, Inc. to act in my behalf as my agent in the processing of permit applications, to furnish upon request supplemental information in support of applications, etc. from this day forward, this 1ST day of AUGUST, 2011 This notification supersedes any previous correspondence concerning the agent for this project. Notice: This authorization, for liability and professional courtesy reasons, is valid only for government officials to enter the property when accompanied by SEPI staff. You should call SEPI to arrange a prior to visiting the site. BY: PERRY L. CRUTCHFIELD, TREASUl 2 ?? N Print Name of Landowner's or Municipal Signature of `own r or Municipal Official's Name 1025 WADE AVENUE • RALEIGH, NC 27605 • TEL 919.789.9977 • FAX 919.789.9591 • SEPIENGINEERING.COM Iul E 00 E O O ?, W ti ,_ t L f ID 00 o r{ t O iz z L f m Z l 4 t L 1 _ Lp Yi ` :» t f ? I ??. 1 4 r t N N -? 52 i - 4 w M1 3 -4 4 Q ?, s - m ? I . a .r • y ? ,.< 3 Q Q?zo b ,,,?.. \ Q U d. c c = Z d Z o _ p ?o Zr, n as .00 LU 3:0 1) 4m 3C.- z Q Co W ?e _? a w W ?yo m -yo i o? s?? o 09, F C7 --? `o b I - to 1 \ w Q \ J w a z Of C) LL o0 0o Z W N b.. ? En cr cc 0 <W C; U- o 6t, Z d Q w w ? \ H m 69 '6PZ X z z z ?\ \ N N N "Al LLJ LL- t m as \?' x.