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HomeMy WebLinkAbout20120048 Ver 1_401 Application_201201121111111 37485 FROM S & EC FAST-LANE PICKUP DATE PICKUP TIME 3 Q v (AME DAY DRIVER_# OF PIECES' WEIGHT BILL TO (IPP§ RECEIVER 3RD PARTY NEXT DAY CAR VAN ROUND TRIP CHARGES 11010 RAVEN RIDGE ROAD RALEIGH NC 27614 TO 46le.0 m a (slnC DWQ 512 N SALISBURY STREET RALEIGH NC 27604 828 -0303 PROJECT oygy . 0% 1 S coJo ►6"a -114 CA AA -o / d I .9,.r Chad t /� y SIGNATURE �'1I� �� / (i (- PRINT Y'z{ i -4j --, I I C DATE 1C Ii/ 0- TIME J_� 20120048 Soil & Environmental Consultants, PA 11010 Raven Ridge Road Raleigh, North Carolina 27614 Phone (919) 846 -5900 Fax (919) 846 -9467 www SandEC com January 17 2012 S &EC Protect # 11633 P 1 To N C Division of Water Quality WebSCaPc Unit Attn Karen Higgins 512 N Salisbury Street 91h floor Raleigh NC 27603 From Nicole Thomson Soil & Environmental Consultants P A 11010 Raven Ridge Road Raleigh NC 27614 Re Apex Barbecue Road Water Line Apex Wake County NC On behalf of the Owner Town of Apex (Attn Mr Bruce Radford Town Manager) please find attached a complete application and supplemental information requesting a Jordan Watershed Riparian Buffer Authorization from the N C Division of Water Quality (DWQ) Please contact me at (919) 846 5900 if you have any questions or require additional information PRO-IFCT RI IMMARY Project Name Apex Barbecue Road Water Line Project Type Municipal Utility Line Installation Owner / Applicant Town of Apex Attn Mr Bruce Radford County Wake Nearest Town A ex Waterbody Name Beaver Creek Basin / Sub basin 03 06 05 index Number 16-41 10 0 5 Class WS IV NSW USGS Cataloging Unit Cape Fear Basin Jordan Watershed) 03030004 IMPACT Rl iMMARV Stream Impact (acres) 0 Wetland Impact (acres) 0 Open Water Impact (acres) 0 Total Impact to Waters of the U S (acres) 0 Total Stream Impact (linear feet) 0 Total Riparian Buffer Impact (square feet) 3 600 sq ft (2 367 sq ft Zone 1 & 1 233 sq ft Zone 2) Attachments Pre construction Notification (PCN) Application Form Agent Authorization Fonn S Topographic Site Vicinity Map NRC NRCS Soil Survey Site Vicinity Map Impact Maps (24X36) JAN 7 2012 NANDSTQW YA S 1ER �NCM �,ot wALk9 � r O 'r 20120048 Office Use Only Corps action ID no DWQ project no Form Version 1 3 Dec 10 2008 Page 1 of 11 PCN Form — Version 1 3 December 10 2008 Version Pre - Construction Notification (PCN) Form A Applicant Information 1 Processing la Type(s) of approval sought from the Corps TO Section 404 Permit El 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 Corpse Fo 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 1g is the project located in any of NC s twenty coastal counties If yes answer 1 h below ❑ Yes ® No 1h Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2 Project Information 2a Name of project Apex Barbecue Road Water Line 2b County Wake 2c Nearest municipality / town Apex 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 N/A linear utility easement 3b Deed Book and Page No 3c Responsible Party (for LLC if applicable) Town of Apex Attn Mr Bruce Radford Town Manager 3d Street address PO Box 250 3e City state zip Apex NC 27502 3f Telephone no 919 249 3400 3g Fax no N/A 3h Email address N/A Page 1 of 11 PCN Form — Version 1 3 December 10 2008 Version 4 Applicant Information (if different from owner) 4a Applicant is ❑ Agent ® Other specify Applicant is Municipal Official as listed on the Agent Authorization please copy agent (S &EC) on all correspondence 4b Name Town of Apex Attn Mr Bruce Radford Town Manager 4c Business name (if applicable) Town of Apex 4d Street address PO Box 250 4e City state zip Apex NC 27502 4f Telephone no 919 249 3400 4g Fax no N/A 4h Email address N/A 5 Agent/Consultant Information (if applicable) 5a Name Nicole J Thomson 5b Business name (if applicable) Soil & Environmental Consultants PA 5c Street address 11010 Raven Ridge Road 5d City state zip Raleigh NC 27614 5e Telephone no (919) 846 5900 5f Fax no (919) 846 9467 5g Email address NThomson @sandec com Page 2 of 11 B Project Information and Prior Project History 1 Property Identification 1 a Property identification no (tax PIN or parcel ID) N/A utility easement 1 b Site coordinates (in decimal degrees) Latitude 35 7242 Longitude 789048 (DD DDDDDD) ( DD DDDDDD) 1c Property size n/a utility easement acres 2 Surface Waters 2a Name of nearest body of water (stream river etc ) to Beaver Creek proposed project 2b Water Quality Classification of nearest receiving water 16-41 10 (0 5) WS IV NSW 03 -06 -05 2c River basin Cape Fear River Basin (USGS Cataloging Unit 03030004) 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 proposed water line corridor is along the existing Apex Barbecue Road The area immediately adjacent to the proposed waterline is forested however there are residential developments surrounding the entire area including Bella Casa Subdivision and Holland s Crossing Subdvision 3b List the total estimated acreage of all existing wetlands on the property There are no wetlands within the proposed corridor 3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property Beaver Creek is the only stream within the proposed waterline corridor 3d Explain the purpose of the proposed project The proposed project is to install a water line extension to provide better pressure and capacity to the surrounding area 3e Describe the overall project in detail including the type of equipment to be used The project includes the installation of the proposed waterline utilizing hack and bore construction method which will result in only Jordan Riparian Buffer impacts Equipment used will include track hoes ram x compactor trench boxes and other equipment typical to this type of installation work 4 Jurisdictional Determinations 4a Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / Yes ❑ No ❑ Unknown project (including all prior phases) in the past? Comments 4b If the Corps made the jurisdictional determination what type ❑ Prelimina ❑ Final �' of determination was made? 4c If yes who delineated the jurisdictional areas? Agency /Consultant Company S &EC PA Name (if known) Steven Ball Other 4d If yes list the dates of the Corps jurisdictional determinations or State determinations and attach documentation Mr James Lastmger of the USACE confirmed the delineation performed by S &EC within the proposed waterline corridor on April 15 2011 Mr Lastmger confirmed that there are no wetlands within the corridor and the only stream is Beaver Creek No site visit was requested of the NC DWQ as Apex is not contesting the subjectivity of Beaver Creek to the Jordan Buffer Rules 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 11 PCN Form — Version 1 3 December 10 2008 Version B Project Information and Prior Project History 6 Future Project Plans 6a Is this a phased project? ❑ Yes ® No 6b If yes explain Page 4 of 11 C Proposed Impacts Inventory 1 Impacts Summary la 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 2b 2c 2d 2e 2f Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps 404 10 Area of impact Permanent (P) or (if known) DWQ — non -404 other) (acres) Temporary T W1 ❑ PDT ❑ Yes ❑ Corps ❑ No ❑ DWQ W2 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W6 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g Total wetland impacts 0 2h Comments There are no wetlands within the proposed waterline corridor 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 3b 3c 3d 3e 3f 3g Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number (PER) or (Corps 404 10 stream length Permanent (P) or intermittent DWQ — non404 width (linear Temporary (T) (INT)? other) (feet) feet) S1 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S2 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S3 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S4 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S5 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S6 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h Total stream and tributary impacts 0 31 Comments The only stream within the waterline corridor is Beaver Creek Apex is proposing to hack and bore under Beaver Creek so there are no proposed stream impacts for the project Page 5 of 11 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 indiv ually 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 02 ❑P ❑T 03 ❑P ❑T 04 ❑P ❑T 4f Total open water impacts 4g Comments 5 Pond or Lake Construction If pond or lake construction proposed then complete the chart below 5a 5b 5c 5d 5e Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f Total 5g Comments 5h Is a dam high hazard permit required ❑ Yes ❑ No If yes permit ID no 51 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 any impacts require mitigation then you MUST fill out Section D of this form 6a ❑ Neuse ❑ Tar Pamlico ® Other Jordan Project is in which protected basin? ❑ Catawba ❑ Randleman 6b 6c 6d 6e 6f 6g Buffer impact number — Reason for Buffer Zone 1 impact Zone 2 impact Permanent (P) or impact Stream name mitigation (square feet) (square feet) Temporary T required? B1 ®P ❑ T Utility Line Installation Beaver Creek ® Yes s 2 367 1 233 B2 ❑P ❑T El Yes ❑ No B3 ❑P ❑T El Yes ❑ No 6h Total buffer impacts 2 367 1 233 61 Comments Page 6 of 11 D Impact Justification and Mitigation 1 Avoidance and Minimization 1a Specifically describe measures taken to avoid or minimize the proposed impacts in designing project The Town of Apex is proposing to hack and bore the waterline under Beaver Creek to avoid any jurisdictional impacts There are also no wetland impacts associated with this project The hack and bore pits do require impacts within the protected Jordan Buffers however this area will also be part of the permanent maintenance corridor required for the water line 1b Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques The proposed utility line corridor was reviewed for the presence of jurisdictional surface waters prior to planning and design of the water line The wetland area delineated was completely avoided during the planning process Beaver Creek crosses the proposed utility line and the Town of Apex is proposing bore and hack installation of the water line to avoid any stream impacts The only impacts this project proposes are to the protected Jordan Riparian Buffers The casing distance design is based on the amount needed to cross the creek without damage to the stream and to allow for future maintenance access without encroaching close to the stream banks Installation within the NC DOT Right of Way (ROW) is not feasible due to financial costs charged by DOT and the bridge over Beaver Creek is not earth filled 2 Compensatory Mitigation for Impacts to Waters of the U S or Waters of the State 2a Does the project require Compensatory Mitigation for ❑ Yes ® No impacts to Waters of the U S or Waters of the State? 2b If yes mitigation is required by (check all that apply) ❑ DWQ ❑ Corps ❑ Mitigation bank 2c If yes which mitigation option will be used for this ❑ ro Payment to in lieu fee ram y program project'? ❑ 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 7 of 11 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 8 of 11 E Stormwater Management and Diffuse Flow Plan (required by DWQ) 1 Diffuse Flow Plan la 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 This project is for a proposed waterline and permanent maintenance ❑ Yes ® No corridor There will be no new impervious surface and no stormwater collection system associated with this project and therefore diffuse flow is not required 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 This project is proposing only Jordan Riparian Buffer impacts and there is no stormwater control requirements within the Jordan Buffer rules therefore no Stormwater Management Plan is required 2d If this project DOES require a Stormwater Management Plan then provide a brief narrative description of the plan ❑ Certified Local Government 2e Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3 Certified Local Government Stormwater Review 3a In which local government s jurisdiction is this project? ❑ 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 ❑ HOW 4a Which of the following state implemented stormwater management programs apply ❑ 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 9 of 11 PCN Form — Version 1 3 December 10 2008 Version F Supplementary Information 1 Environmental Documentation (DWQ Requirement) la Does the project involve an expenditure of public (federal /state /local) funds or the ® Yes ❑ No use of public (federal /state) land? lb 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 letter ) Comments The applicant has not confirmed with the State Clearinghouse whether ❑ Yes ❑ No or not a SEPA document is required however based upon the minor impacts associated with the proposed project which are only to the protected Jordan Riparian Buffer we do not believe that any of the current requirements that would necessitate a SEPA review have been initiated 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 We have reviewed the DRAFT Internal Policy Cumulative impacts and the 401 Water Quality Certification and Isolated Wetland Programs document prepared by the NC Division of Water Quality on April 10 2004 version 2 1 The proposed water line installation does not meet any of the growth stimulating criteria Additionally the proposed water line is within a developed landscape it is the surrounding residential area that necessitates the need for the water line extension to provide additional capacity and pressure We anticipate that you will advise us if a qualitative or quantitative impact analysis is required 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 The proposed project is for a waterline installation No wastewater will be generated by this project Page 10 of 11 PCN Form — Version 1 3 December 10 2008 Version 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? As this project is only requesting Jordan Riparian Buffer Authorization this question is not relevant at this time and is not anticipated to be an issue 6 Essential Fish Habitat (Corps Requirement) 6a Will this project occur in or near an area designated as essential fish habitats ❑ Yes ® No 6b What data sources did you use to determine whether your site would impact Essential Fish Habitat? The proposed project is in Apex Wake County which is not near any coastal or tidal habitat that would support EFH (i e salt marshes oyster reefs etc ) 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? As this project is only requesting Jordan Riparian Buffer Authorization this question is not relevant at this time and is not anticipated to be an issue 8 Flood Zone Designation (Corps Requirement) 8a Will this project occur in a FEMA- designated 100 year floodplain ® Yes ❑ No 8b If yes explain how project meets FEMA requirements All the proposed utility work is below ground (i a no above ground fills within the floodplain /floodway) and the proposed impacts are to the Jordan Riparian Buffer not Beaver Creek 8c What source(s) did you use to make the floodplain determination? http / /floodmaps nc gov Nicole J Thomson i// 7117 Applicant/Agent s Printed Name Appli n s Si na u Date (Agents signature is valid only if an authorization letter from the applicant is provided Page 11 of 11 Environmental Consultants, PA Road Raleigh, North Carolma 27614 Phone (919) 8465900 Fax (919) 846 -9467 www SandEC com AGENT AUTHORIZATION FORM All Blanks To Be Filled In ft The Current Landowner or Mumci al Official Address Q a %6x 24co APO, n!t 4_ -+Soz Phone ( 919 20-3400 Project Name/ Description A x 8&t i.&A&A 9 S&EC Project # I (t 3 3 Date 313 -12011 The Department of the Army U S Army Corps of Engineers Wilmington District P O Box 1890 Wilmington NC 28402 Attn :IAl -i � S L As- i q (,-v Field Office 1 i,A L C 1(r-H Re Wetlands "'elated Cc ^w ^uluib k d Dc "u urg To Whom It May Concern I the current landowner or municipal official, hereby designate and authorize Soil & Environmental Consultants PA 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 related to the project located on Apex Barbeque Road Wake County NC and property identified by PIN # 0721778068 from this day forward The -'rJ day of _ mAecH, 2,611 \ NOTICE This authorization for liability and professional courtesy reasons is valid only for government officials to enter the property when accompanied by S &EC staff You should call S &EC to arrange a site meeting prior to visiting the site 9'l' VC.E A IZAV fb?-D (ix Print Applicant s Name Apphcant's Signatur NAiac CV— APc )L "' c cc Mr Ian McMillan cc Mr Steven Ball NCDENR - DWQ Soil & Environmental Consultants PA y _ - Project Numbe�33.W I I I Project Manager: SB 5caie: I = 2,000' Date: 3/24/ I 1 Map Title: Figure I - USGS Quadrangle Map Apex BBQ Waterline Town of Apex Wake Co., NC Source: Apex t New hill Quadrangles L t 1. 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C2 yt. � .3 ,,� � r` - r'! /� ,SKr '• f f Project No. Figure 2 -NRCS Soil 1163 ;.W1 Survey map SB Project Mgr.: Apex BBQ Waterline • Soil & Environmental Consultants, PA Town of Apex 11010 Raven Ridge Rd.• Raleigh, NC 27614 (919) 846 -5900 - (919) 846 -9467 Scale: Wake Co, NC Web Page,- www.SandEC.com V = 1,320' Wake Co Soil Survey 3/24/11 Sheet 65