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
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C—Fj Kmley Hom
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IMPACTS
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0 97 AC
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C—Fj Kmley Hom
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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