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HomeMy WebLinkAbout20081817 Ver 2_More Info Received_20120106®� Krmld Assey Hom anociates, Inc January 6 2012 Mr Ian McMillan N C Division of Water Quality 512 North Salisbury Street Raleigh NC 27603 k[2@[90WR P JAN 6 2012 DENR WATER QUALITY WMMDa AND STORMWATER BRANCH Re Response to Request for More Information Town of Fuquay Varina Southwest Judd Parkway Extension DWQ Project # 08 1817 y Q_ Wake County North Carolina Dear Mr McMillan On behalf of our client the Town of Fuquay Varina Kimley Horn and Associates Inc (KHA) has evaluated the request for additional information regarding the Individual Department of the Army Permit Application for the construction of the Southwest Judd Parkway Extension located in Fuquay Varina Wake County North Carolina In response to the first comment regarding the discrepancy between temporary wetland impacts shown in the permit drawings verses the text of the application the impacts in the original application were incorrect The correct area is 0 21 acres as shown in the attached drawings (Attachment 1) In response to the second comment the Town of Fuquay Varina has updated the correspondence to your office addressing indirect secondary and cumulative impacts in regard to stormwater and downstream water quality Please refer to Attachment 2 for a copy of the On Site Stormwater Commitment Letter In addition KHA received correspondence from the North Carolina Wildlife Resources Commission (WRC) via the U S Army Corps of Engineers that had comments on the original permit application The wetland impact areas were revised to address the WRC comments A copy of the WRC comments to the original permit application as well as a summary of KHA s responses is attached (Attachment 3) Permanent wetland impact areas shown have been revised based on the use of rip rap in the pre formed scour hole and at the outlets of the 42 RCP pipes as shown in the revised permit drawings (Attachment 1) Finally the mitigation acceptance letter from the Ecosystem Enhancement Program expired December 22 2011 An updated acceptance letter has been received and is attached in this submittal (Attachment 4) ■ TEL 919 677 2000 FAX 919 677 2050 P Q Box 33068 Raleigh North Carolina 27636 3068 ®—� K coley Hom and Asmtes Inc. JAN 6 2011 DENR WATER QUALITY WEIUWDS AND STQRMWATER BRANCH January 6 2012 Mr Ian McMillan N C Division of Water Quality 512 North Salisbury Street Raleigh NC 27603 Re Response to Request for More Information Town of Fuquay Varina Southwest Judd Parkway Extension DWQ Project # 08 1817 Wake County North Carolina Dear Mr McMillan On behalf of our client the Town of Fuquay Varina Kimley Horn and Associates Inc (KHA) has evaluated the request for additional information regarding the Individual Department of the Army Permit Application for the construction of the Southwest Judd Parkway Extension located in Fuquay Varina Wake County North Carolina In response to the first comment regarding the discrepancy between temporary wetland impacts shown in the permit drawings verses the text of the application the impacts in the original application were incorrect The correct area is 0 21 acres as shown in the attached drawings (Attachment 1) In response to the second comment the Town of Fuquay Varina has updated the correspondence to your office addressing indirect secondary and cumulative impacts in regard to stormwater and downstream water quality Please refer to Attachment 2 for a copy of the On Site Stormwater Commitment Letter In addition KHA received correspondence from the North Carolina Wildlife Resources Commission (WRC) via the U S Army Corps of Engineers that had comments on the original permit application The wetland impact areas were revised to address the WRC comments A copy of the WRC comments to the original permit application as well as a summary of KHA s responses is attached (Attachment 3) Permanent wetland impact areas shown have been revised based on the use of rip rap in the pre formed scour hole and at the outlets of the 42 RCP pipes as shown in the revised permit drawings (Attachment 1) Finally the mitigation acceptance letter from the Ecosystem Enhancement Program expired December 22 2011 An updated acceptance letter has been received and is attached in this submittal (Attachment 4) ■ TEL 919 677 2000 FAX 919 677 2050 ■ P 0 Box 33068 Raleigh North Carolina 27636 3068 1IGley� tom and m As =tes, Inc Attachments included in this submittal are as follows • Attachment 1 — Revised Permit Drawings • Attachment 2 — Town of Fuquay Varina Stormwater Management Commitment Letter • Attachment 3 — NCWRC Comments to the Original Permit Application Letter and KHA Responses • Attachment 4 — Ecosystem Enhancement Program Acceptance Letter for Compensatory Mitigation If there is any additional information you need to assist in the processing of this Preliminary Jurisdictional Determination please do not hesitate to contact me at (919) 677 2121 Very truly yours KIMLEY HORN AND ASSOCIATES INC Anna Reusche WPIT Environmental Scientist Enclosures Cc Tracy Stephenson Jamie Shern USACE Attachment 1 Revised Permit Drawings o� ag a y '�G !A = n o c� 3 m n 0 C m C D D 0 C- m n n 0 0 0 G7 C FT S • 10 J1 �a o y 15 v ° 20 25 00 i I ,+ 3 I 30 ea Ta L 35 � 1 ywr42 O v � v O C—Fj Kmley Hom and Associates Inc SOUTH WEST JUDD PARKWAY IMPACT SUMMARY FIGURE 6 P-OF-B.M" m� TEMPORARY PERMANENT STREAM IMPACTS WETLAND WETLAND IM() IMPACTS IMPACTS (AC) (ACRES) IMPACT ONE 0 21 AC 0 97 AC 245 LF PERENNIAL l M/TAGATABLE IMPACT TWO 0 08 AC 0 AC O LF 0 29 AC 0 97 AC LF IMPACTS PERENNIAL L l MITAGATABLE C—Fj Kmley Hom and Associates Inc SOUTH WEST JUDD PARKWAY IMPACT SUMMARY FIGURE 6 P-OF-B.M" m� oFl T� ❑ s � � c m to = Co o a� 3 m d) n V) 0 C C m V) C- C D D D mm D � nr � D z -Q c� C m on zg w � a n O N 7 (D Cl) 7 n U) O C FT-1 L C D D D � m D F- n F- 0 C FT OD aX 0 OT < N N c �m � w z < mN w m N � LTt O M T E5;0 20 --I0 O N ,i m v a C-) we -jo �V0 CNM , V ) c"'0 F 0 0 -1N pp / /� Nm C) g C / Fri n 0 z D =0 �0 OCA ,i m v v -< a Z Omm < O v-0 o r- N O m --Im < cv Wr LA z�_ a mLn N O O N O � o� g y� Cl) n o R3 N n O C I�l C 0 0 D D �t:�E �Frl D D z N 0 m G7 C m M I i I I \-a -u -a m c� m X D �7 O N _ -p �p z °° m o- I ON ,� m m m z , o oo rn -< o� > i D --I N x D p m >p D N M Z 03 �� I rri D 1 I a0 o-V N I I o m N �� o � LAX NZ I D < Z I I r m D D o I 3Qd t,7 tb q o o ° m 1 I m cn rn m m � 0 O� o K0 0 : m Co D F-3> m D > z o ;a a:) D -< D D m N N I m m D m m m I F- r Z M Z z I z z m m 0o I -a -i D N_ Z OX D O z Z CD -u O N I m 0 I rn Attachment 2 Town of Fuquay- Varina On -Site Stormwater Management Commitments Letter TOWN OF FUQUAY VARtNA MIF h7t] 401 Oid Honeycutt (toad FL quay Var no North Ca o[tra 27526 �q January 5 2012 Ms Karen Higgins NCDENR DWQ 1650 Mail Service Center Raleigh North Carolina 27699 Subject DWQ #08 -1817 Ver 2 Dear Ms Higgins The To-v4 n of Fuquay V anna received your letter regarding the review of DWQ #08 1817 Town of Fuquay Varna Southwest Judd Parkway Extension In response to your letter dated December 7 2011 with regards to cumulative impacts The Town of Fuquay Varna is commits to requiring on site stormwater management measures (such as level spreaders riparian buffers bioretention or constructed wetlands) for any additional development on parcels adjacent to this extension of the thoroughfare Please be aware that the Town is also currently permitted as an NPDES Phase II community and continues to work to address these requirements Town wide Please feel free to contact me at 919 -753 -1039 should you have questions or need anything additional Sincerely Tracv A phenson P E Town Engineer Town of Fuquay Vanna NC cc Lauren Witherspoon NCDENR DWQ Regional Office Jamie Shern USACE Wilmington District Raleigh Field Office Attachment 3 National Wildlife Resources Commission Comments and KHA Response Summary E North Carolina Wildlife Resources Commission 9 Gordon Myers Executive Director MEMORANDUM TO Jamie Shern Raleigh Regulatory Field Office U S Army Corps of Engineers FROM Shan L Bryant Piedmont Region Coordinator �ItaLL�e -,�t Habitat Conservation Program DATE 1 December 2011 SUBJECT Public Notice for Construction of Southwest Judd Parkway Extension Town of Fuquay Vanna Wake County North Carolina Corps Action ID # SAW 2011 02004 Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the subject document Our comments are provided in accordance with provisions of the Clean Water Act of 1977 (as amended) Fish and Wildlife Coordination Act (48 Stat 401 as amended 16 U S C 661 667e) and North Carolina General Statutes (G S 113 131 et seq ) The applicant proposes to permanently impact 245 linear feet of perennial stream channel and 0 93 acres of wetlands and temporarily impact 0 34 acres of wetlands to construct the Southwest Judd Parkway Extension Southwest Judd Parkway extension includes 2 400 linear feet of new two lane curb and gutter roadway with four foot bicycle lanes on each side In addition NC 42 would be widened near the project terminus to include left and right turn lanes on the newly constructed Judd Parkway The purpose of the project is to connect an existing segment of Judd Parkway to NC 42 West to handle increased traffic through town and to reduce traffic congestion Mitigation for the project includes payment into the N C Ecosystem Enhancement Program The proposed project would impact an unnamed tributary to Kenneth Creek in the Cape Fear River Basin There are records for the state significantly rare Eastern creekshell (Villosa delumbis) in Kenneth Creek Also there are records for the state significantly rare Carolina ladle crayfish (Cambarus davidi) near the project area We have several comments and recommendations regarding the design of the project Figure Stream and Wetland Impact 1 • It appears the preformed scour hole is located in a wetland We recommend the preformed scour hole be moved to the east so it is outside of the wetland This would avoid impacts to the wetland Mailing Address Division of Inland Fisheries 1721 Mail Service Center Raleigh NC 27699 1721 Telephone (919) 707 0220 Fax (919) 707 0028 Page 2 1 December 2011 Southwest Judd Parkway Extension Corps Action ID No SAW 2011 02004 It appears stonmwater would be routed to the floodplain culverts since these culverts have Junction boxes and nprap pads at the end of the culvert Riprap at the end of the culvert will prevent wildlife from using these culverts We recommend stormwater be routed to the preformed scour hole and the nprap is removed If these are only floodplain culverts then nprap should not be needed at the ends of the culverts The Permanent Drainage Easement (PDE) appears to show fill in the wetlands but no ditch Also the PDE appears as a straight line as opposed to following a contour It is unclear why the PDE line is located where it is On the south side of the road there appears to be rock piles but no ditch is shown It is unclear whether a draining ditch is being excavated but is not shown in this figure Figure Wetland Impact 2 The sediment basin appears to be located in a wetland We recommend the sediment basin be relocated to avoid impacts to the wetland Thank you for the opportunity to comment on this project If we can provide further assistance please contact our office at (336) 449 7625 or shay bryant(a)ncwildlife or ec Ian McMillan DWQ Reusche, Anna From Reusche Anna Sent Thursday December 22 2011 1 37 PM To Jamie F Sherri (James F Shern @usace army mil) Cc West Matthew Bachman Erin Evenhouse Chad Subject Southwest Judd Parkway Indivdual Permit Application Jamie KHA and the Town have reviewed the comments from the Wildlife Resources Commission dated December 1 2011 in regards to the Southwest Judd Parkway Extension Individual Permit application (SAW 2011 02004) To address these comments we have amended the plans and have provided an explanation for the changes below Attached are the updated permit drawings to amend the original application Please do not hesitate to contact us with further questions or concerns Stream and Wetland Impact 1 WRC Comment — It appears the preformed scour hole is located in a wetland We recommend the preformed scour hole be moved to the east so it is outside of the wetland This would avoid impacts to the wetland " KHA Response Preformed scour holes should be used in areas where uniform diffuse flow can be achieved The practice should not be used NCDWQ where slopes exceed 6% Discharge area must have virtually flat slopes (e g floodplains or wetlands) per the requirements The preformed scour hole should not be moved to the area east of the wetland because the slopes in this area exceed 6% Additionally changing the location of the drainage system outlet would force the drainage pipes into a reverse grade scenario for approximately 150 This is counter to the NCDOT convention However the permanent wetland impact acreage has been updated for this location to reflect the preformed scour hole area Please refer to the updated permit drawings attached WRC Comment 'it appears stormwater would be routed to the floodplain culverts since these culverts have function boxes and riprap pads at the end of the culvert Riprap at the end of the culvert will prevent wildlife from using these culverts We recommend stormwater be routed to the preformed scour hole and the riprap is removed If these are only floodplain culverts then nprap should not be needed at the ends of the culverts KHA Response Stormdrain inlets are connected to the 42 RCP pipes and a ditch carrying offsite flows is routed into the eastern pipe Riprap is needed to dissipate flow at the outlet of the pipes are restricted to a According to the NCDWQ flows for preformed scour holes maximum of 10 cfs therefore the ditch flow (33 cfs) cannot be routed to the preformed scour hole system However the permanent wetland impact acreage has been updated for this location to reflect the areas where riprap is placed Please refer to the updated permit drawings attached WRC Comment 'The PDE appears to show fill in the wetlands, but no ditch Also the PDE appears as a straight line as opposed to following a contour It is unclear why the PDE line is located where it is KHA Response The ditch is present in this area and is now portrayed on the updated permit drawings The PDE is a permanent drainage easement that allows access to the drainage features for future maintenance it does not follow the contours WRC Comment 'On the south side of the road there appears to the rock piles but no ditch is shown It is unclear whether a drainage ditch is being excavated, but is not shown in this figure KHA Response The ditch is present in this area and is now portrayed on the updated permit drawings Wetland Impact 2 WRC Comment — 'The sediment basin appears to be located in a wetland We recommend the sediment basin be relocated to avoid impacts to the wetland KHA Response In previous designs the sediment basin at Station 30 +00 (RT) was initially designed for 56 x112 however to reduce impacts to the wetlands the sediment basin was reduced to 34 x102 which we consider to be the minimal footprint of the resin required to adequately treat the flow As a design approach we worked to keep sediment basins outside of jurisdictional areas however this particular basin is necessary and even after our minimization efforts the impact at this location is unavoidable Additional considerations were taken to keep other sediment basins out of the wetlands as can be seen in the wetland permit drawing figures attached Best Regards Anna Reusche Kimley Horn and Associates Inc 3001 Weston Parkway Cary NC 27513 Direct (919) 653 2900 Cell (919) 816 7745 Fax (919) 677 2050 6 Attachment 4 Ecosystem Enhancement Acceptance Letter for Compensatory Mitigation rb4..dj El et ml PROGRAM December 21, 2011 Tracy Stephenson Town of Fuquay Varma 401 Honeycutt Rd Fuquay Varna NC 27526 Expiration of Acceptance June 21 2012 Project Southwest Judd Parkway Extension County Wake The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program ( NCEEP) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced proiect as indicated in the table below Please note that this decision does not assure that participation in the NCEEP 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 NCEEP will be approved You must also comply with all other state, federal or local government permits regulations or authorizations associated with the Monosed activity including SL 2009 337 An Act to Promote the Use of Compensatory Mitigation Banks as amended by S L 2011 343 This acceptance is valid for six months from the date of this letter and is not transferable If we have not received a copy of the Issued 404 Permit/401 Cerhfication/CAMA permit within this time frame, this acceptance will expire It is the applicant s responsibility to send copies of the permits to NCEEP Once NCEEP receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work The amount of the In Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www nceep net Based on the information supplied by you in your request to use the NCEEP the impacts that may require compensatory mitigation are summarized in the following table The amount of mitigation required for this impact is determined by permitting agencies Impact River Basin CU Location Stream (feet) Wetlands (acres) Buffer I (Sq Ft ) Buffer II (Sq Ft ) Cold Cool Warm Riparian Non Ri arian Coastal Marsh Cape Fear 03030004 0 1 0 245 097 0 1 0 0 0 Upon receipt of payment EEP will take responsibility for providing the compensatory mitigation The mitigation will be performed in accordance with the N C Department of Environment and Natural Resources Ecosystem Enhancement Program In Lieu Fee Instrument dated July 28 2010 Thank you for your interest in the NCEEP If you have any questions or need additional information please contact Kelly Williams at (919) 716 1921 Sincerely ichael Ellison Deputy Director cc Karen Higgins NCDWQ Wedands/401 Unit Jamie Sherri USACE Raleigh Ian McMillan NCDWQ Chad Evenhouse agent File Restorut9 nvo" our stag I LC -iq �, ; North Carolina Ecosystem Enhancement Program 1652 Mad Service Center Raleigh NC 27699 1652 / 919 715 0476 / www nceep net