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HomeMy WebLinkAbout20070503 Ver 2_401 Application_20070507 SINCE FROEHLING & ROBERTSON, INC. Q_ GEOTECHNICAL .ENVIRONMENTAL .MATERIALS ~( ENGINEERS .LABORATORIES "OVER ONE HUNDRED YEARS OF SERVICE" ~ a a 1 310 Hubert Street Raleigh, North Carolina 27603 Telephone: 919-828-3441 Fax: 919-828-5751 To: NC DWQ Express Permit Review 2321 Crabtree Blvd Raleigh NC 27604 Attn: Ms. Cynthia Van Der Weile We are sending you The following items: ^ Engineering Reports ^ Test Reports ^/ Attached ^ Prints ^ Samples ~aY~~~NT RFC~IVED Date: May 21, 2007 F&R No.: G66-273GE Reference: Mills Park Drive (E-22 Access Road) ~X. off- oso~ 'Y2 ^ Under separate cover via ^ Copy of Letter ^ Contract MAIN OFFICE AND LABORATORIES 3015 DUMBARTON ROAD RICHMOND, VIRGINIA 23228 PHONE: (804) 264-2701 FAX: (804)264-1202 ^ Plans ^/ Other: PCN COPIES DATE NO. DESCRIPTION 5 5-21-07 PCN for re-submition to the Express Review Program 1 5-21-07 $1,000.00 check for permit application fee 5 5-21-07 PCN Addendum 5 5-21-07 Written Verification from the USACE of NWP 39 Applicability 5 5-21-07 NCDWQ Finding of No Significant Impact 5 5-21-07 EEP Acceptence Letter Remarks: MAY 2 j 2007 Distribution: nEt~R - t^+A7FR QUALITY' }?!SOS As+r STnr?r;.}~,,~jEP BRANCH Signed Form No. 7027 Office Use Only: USACE Action ID No. DWQ No. Form Version March OS ~ O'rl-OS03 V C (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) r~Y;; ~~~ I. Processing RFC~IVED 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ^ Riparian or Watershed Buffer Rules ^ Section 10 Permit ^ Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ^ Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NWP No. 39 (verified~_ 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ^ 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ^ The project site is not located in any of North Carolina's twe,~.~nto~stal_cou~ ~a II. Applicant Information ~~ q,~9 MAY 2 ~ Z007 1. Owner/Applicant Information Name: Wake Countv Public School System oE~R - v~Ar~~ c~~t~ur~ Mailing Address: c/o Timothy Driscoll ~"~`".~~',7~~ffs~~sft~sr~.~,vCt1 Planning and Construction Department 1551 Rock Quarry Road Raleigh, NC 27610 Telephone Number: (9191508-9048 Fax Number:._ (919) 856-2911 E-mail Address: tdriscoll~a~,wcpss.net 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Christopher J. Burkhardt Company Affiliation: Froehlin~ & Robertson. Inc. (F&R) Mailing Address: 310 Hubert Street Raleigh, NC 27603 Telephone Number:~919) 828-3441 Fax Number: (919 828-5751 E-mail Address: cburkhardt(a~fandr.com Page 1 of 11 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Mills Park Elementary School (E-22) 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): PIN # 0735002296 4. Location County: Wake Nearest Town: Cary Subdivision name (include phase/lot number): N/A Directions to site (include road numbers/names, landmarks, etc.): The project site is located east of Green Level To Durham Road SR1625 and approximately 4,000' south of the intersection of Green Level To Durham Road and Carpenter Fire Station Road in Cary, Wake County, North Carolina (please see Figures in Attachments). The access road is being proposed directly across Green Level to Durham Road from Courtland View RD. 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 35.81283 °N 78.90068 °W 6. Property size (acres): 20 acres 7. Name of nearest receiving body of water: Unnamed Tributary of Panther Creek Stream Index No. 16-41-1-17-3 WS. IV. NSW 8. River Basin: Cape Fear - 03030002 (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) Page 2 of 11 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The project site consists of wooded, undeveloped land. The site is located in a fast rowing, semi-rural, residential area within the Town of Cary limits. 10. Describe the overall project in detail, including the type of equipment to be used: The Wake County Public School System is proposing to construct Mills Park Elementary School E-22) on a 20 acre portion of a 239 acre parent parcel. In order to access the School the County plans to construct Mills Park Drive across an approximately 150 foot wide wetland which includes an unnamed tributary (UT) to Panther Creek. The UT is considered an Important Perennial Stream. A secondary Unimportant Channel that caries flow through the wetland will also be crossed. A future Middle School and Town of Cary Public Park is planned for the remaining_portion of the parent parcel. Construction of Mills Park Drive will take place within a 75 foot wide right of way. The right of way will consist of earthen fill, a three lane asphalt paved road, sidewalks, curb and gutters, and underground utilities (water, sewer, and electric). The total impervious surface will be 55 feet wide. An additional 10 feet of grassed fill will also be present on each side of the proposed road. One 12 foot wide by 7 foot tall box culvert and one 12 foot wide by 8 foot tall box culvert, both 145 linear feet long, will be installed side by side at the important channel. The 8 foot tall culvert will be installed 1 foot below the existing_grade to allow free water movement and aquatic life passage under the road. The 7 foot tall culvert will be installed at grade to maintain the natural h d~gy of the system as well as prevent constriction of the floodwav that may result in aegradation, degradation or significant chan eg s in hydrology of the stream and/or wetland. In addition a .081 acre dissipater pad will be placed at the outfall of the two box culverts in the bed and bank of the important channel. One 36 inch reinforced concrete pipe measuring 142 feet in length will be installed 6 inches below grade at the secondary/unimportant channel to maintain the natural h dig o system as well as prevent constriction of the floodwav that may result in ag~radation, degradation or significant chan eg s in hydrology of the stream and/or wetland. All construction activities will be performed in accordance with Best Management Practices and the NC Sediment and Erosion Control Planning and Design Manual. The mechanical equipment used during the constriction of the project site will include conventional earth moving equipment used during development such as excavators, bulldozers, compactors, and other conventional earthwork construction equipment. Temporary impacts will include placing approved dewatering devices. clean water dikes. pumps, and discharge hoses within the streams and wetlands. These approved dewatering devices will be used to temporarily divert each of the stream channels through the discharge hose during the installation of the culverts and pipe as well as during a portion of the road construction process. These dewatering devices will be removed and the area will be restored to the on ig nal rg ade (where applicableLpon completion of the project. Please see the attached site plans for additional information. 11. Explain the purpose of the proposed work: The purpose of Mills Park Drive is to ain access to Mills Park Elementary School and future Middle School and Town of Cary Public Park from the main thorou hfare Durham to Green Level Road, .The purpose of the school is to help alleviate some of the overcrowding within the school system and provide the local Page 3 of 11 residents with adequate learning facilities. According to their website, the Wake County Public School S sty em wined more than 7 500 new students for 2006-07. Estimates show WCPSS increasing by 40 000 students between 2005 and 2010, bringing total enrollment to more than 160 000 students. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. F&R is not aware of jurisdictional delineations and/or permits that have been requested and/or obtained for this project in the past. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. F&R has been informed that future permit requests in connection with this project will be required. One additional crossing~ust north of the current project will be permitted separately to allow access to a planned park and future middle school. This crossing is planned for future development is not part of the present project and is therefore not being_permitted at this time. F&R assumes that the crossing will be permitted at the appropriate time. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: The Wake County Public School System is proposing to construct an asphalt road across an approximately 150 foot wide wetland which includes one important channel that is a UT of Panther Creek and one unimportant channel. The crossing is part of a larger plan to construct Mills Park Elementary School and future Middle School and Town of Cary Public Park. Page 4 of 11 Construction of the road will take place within a 75 foot wide right of way. The right of way will consist of earthen fill, a three lane asphalt paved road, sidewalks, curb and gutters, and underground utilities (water, sewer, and electric). The total impervious surface will be 55 feet wide. An additional 10 feet of grassed fill will also be present on each side of the proposed One 12 foot wide by 7 foot tall box culvert and one 12 foot wide by 8 foot tall box culvert, both 145 linear feet long, will be installed side by side at the primary/important channel. The 8 foot tall culvert will be installed 1 foot below the existing`arade to allow free water movement and aquatic life passage under the road. The 7 foot tall culvert will be installed at grade to maintain the natural hydrology of the system as well as prevent constriction of the floodwa~that mawresult in aggradation, degradation or significant Chan eg s in hydrolog~of the stream and/or wetland. In addition a .081 acre dissipater pad will be placed at the outfall of the two box culverts. One 36 inch reinforced concrete pipe measuring: 142 feet in length will be installed 6 inches below grade at the secondary/unimportant channel to maintain the natural hydrology of the system as well as prevent constriction of the floodwa_y that may result in aggradation, degradation or significant chan eg s in hydrology of the stream and/or wetland. Temporary impacts will include placing approved dewatering devices, clean water dikes, pumps, and discharge hoses with in the streams and wetlands. These approved dewatering devices will be used to temporarily divert each of the stream channels through the discharge hose during the installation of the culverts and pipe as well as during a portion of the road construction process. These dewaterin~ devices will be removed and the area will be restored to the on final rg ade (where applicable upon completion of the project. Please see the attached site plan for additional information. 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. Located within Distance to Area of Wetland Impact Type of Wetland 100-year Nearest Impact Site Number Type of Impact (e.g., forested, marsh, Floodplain Stream (acres) (indicate on map) herbaceous, bog, etc.) es/no linear feet A Permanent Crossing Forested Yes 0' 0.332 fill / riprap B Permanent Forested Yes 0' 0.039 12'x7' Box Culvert C Permanent Forested Yes 0' 0.032 12'x8' Box Culvert Permanent D 36" Reinforced Forested Yes 0' 0.007 Concrete Pipe E Permanent Forested Yes 0' 0.081 Dissipater Pad F Dewatering devices Forested Yes 0' 0.000 (temporary impact) Total Wetland Impact (acres) 0.491 Page 5 of 11 3. List the total acreage (estimated) of all existing wetlands on the property: ~10 acres 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage, multiply length X width, then divide by 43,560. Stream Impact Perennial o Average Impact Area of Number Stream Name Type of Impact ~ Intermittent Stream Width Length Impact indicate on ma . Before Im act linear feet acres 1 UT Panther Creek Permanent Fill for PerenniaU 2' 154' 0.0070 12'x8' Box Culvert Important Permanent Bed & perennial/ 2 UT Panther Creek Bank Sabilization/ Important 2' 105' 0.0048 Dissipater Pad Total Stream Impact (by length and acreage) 259' 0.0118 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dred~in~, flooding, drainage, bulkheads, etc. Open Water Impact Site Number indicate on ma Name of Waterbody (if applicable) Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. Area of Impact acres None None None Open water impacts are not None anticipated as part of this project Total Open Water Impact (acres) 6. List the cumulative impact to all Waters of the U.S. resulting from the protect: Stream Impact (acres): 0.0118 Wetland Impact (acres): 0.491 O en Water Impact (acres): 0.0000 Total Im act to Waters of the U.S. (acres) 0.0118 Total Stream Impact (linear feet): 259' 7. Isolated Waters Do any isolated waters exist on the property? ^ Yes ®No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. Page 6 of 11 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ®uplands ^ stream ^ wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Excavation -Please see Attached Storm Water Management Plans Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Local stormwater requirements Pleas see attached stormwater plans Current land use in the vicinity of the pond: Wooded uplands Size of watershed draining to pond: Pond A 6.59 acres Pond B 1.67 Expected pond surface area: N/A detention~ond only VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. Impacts have been avoided and minimized to the extent practical during_project planning and design. In order to meet the purpose and need of this project and to access the developable portion of this tract from the closest main thoroughfare, the wetland and streams will need to be crossed. The crossing will be perpendicular to the streams and wetland in an area that offers the least amount of impact while still meeting_the purRose and need of the project site. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of Page 7 of 11 aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc. us/ncwetlands/strmgide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. F&R has sent a letter to the EEP Requesting acceptance into the EEP Program 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/wr~/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): 259' Amount of buffer mitigation requested (square feet): none Amount of Riparian wetland mitigation requested (acres): 0.491 Amount of Non-riparian wetland mitigation requested (acres): none Amount of Coastal wetland mitigation requested (acres): none IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federaUstate/local) funds or the use of public (federal/state) land? Yes ® No ^ 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ® No ^ 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ^ No Page 8 of I 1 PLEASE NOTE: An Environmental Assessment has been submitted to the State Clearinghouse, a copy of the Finding of no Significant Impact will be forwarded upon receipt. X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify)? Yes^ No 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Impact Required Zone* s ware feet Multiplier Miti ation 1 N/A 3 (2 for Catawba) none 2 N/A 1.5 none Total N/A none * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. XI. XII. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. Buffer mitigation is not required in the Cape Fear River Basin. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss Stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. Please see the attached Storm Water Management Plans. Sewage Disposal (required by DWQ) 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. Page 9 of 11 Waster water generated from the project site will be conveyed to the Neuse River Waste Water Treatment plant via sanitary sewer line. The waste water will be treated prior to being discharged into the Neuse River. XIII, Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ^ No Is this an after-the-fact permit application? Yes ^ No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ® No ^ If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: The Wake County Public School System is proposing to cross a wetland and small stream with an access road and utility lines as part of a larger plan to construct a new elementary School. A future middle school and public park are also planned for the site. The proposed road and utility lines are intended to provide access as well as safe and reliable drinkin water op wer and sanitary sewer for use by the schools. Residential growth in the project area is already increasing rapidly and is likely to continue with or without the construction of the school. However, residential growth in the area may hasten as a result of the construction of the proposed schools. Indirect and cumulative water quality impacts may accrue from future development. It is presumed that future development will be in accordance with the Town of Cary's Land Use Plan and NCDENR Sediment and Erosion Control Plans. However, loss of riparian forests and increased impervious surface area reduces rainfall infiltration, increases soil erosion, and concentrates pollutants. Urban stormwater pollutants include motor vehicle fluids, heavy metals pesticides, fertilizers, solvents, detergents, eroded soil, and animal waste. As a result, peak stream flows are typically increased causing stream bank erosion channel destabilization degradation of in-stream habitat, and increased magnitude and frequency of flooding Conversely, the increase in impervious surface area and soil compaction that occurs with development can reduce infiltration rates, which may in turn reduce base stream flows during dry weather, adversely affecting aquatic habitat. Sediment, nutrients and other forms of pollution from agricultural sources will likely decline as the area develops but urban stormwater impacts will likel~ncrease. XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). Page 10 of 11 The E22 Access Road is being_proposed to gain access to a proposed school in order kee~pace with the rapid growth of students in Wake County, which is expected to increase by an additional 8,000 students by the start of the 2008 school year. Based on this rapid growth Wake Coun is attempting to have this school completed bey 2008 in order to lessen the effects of expected student population growth and to compensate for overcrowding within the existing schools. The proposed elementary school has a capacity of 800 students and would help to reduce overcrowding within the elementary school system if it can be completed by the proposed date. ~j~ ~j~~ `~~.~~~~arcP~~' L~G'2,!~2~r1 ~,. May 21, 2007 Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page I 1 of 11 02i28i2007 09:11 WCPSS CDNSTRUCTIOtJ MGMT -~ 98285751 NU. 144 002 SINCE FROEHLING 8~ R08ERTSON, INC GEOT~NICAL ~ ENVIRONMENTAL • MATERIALS ENGINEERS ~ tA80RATORIES ~+OVER tN~tC NWVARrLrO YEARS OF SERNCE" 310 Hubert Strset ~ o r ~ ® Raleigh, North Carolina 27603 Tetophon~: (919) 828.3Aett Faze (919) 628.575 December 6, 200b US Army Corps of Engineers Wilmington District -Raleigh Regulatory Field office 6508 Falls of the Neuse Road, Suite 124 Raleigh, North Carolina ?761 S Subject: US Army Corps of Engineers Agent Authoaization Letter Proposed E22 Elementary Scbool F&R Project Number Gbh-273E Cary, Wake County, North Carolina The undenrig~d hereby authorizes Frcehling & Robertson, Ltu. ~&Tt) to proc+sed on behalf of the curtest property owner(s) as tha agent for wetland consulting and pectnitting issues pertaining to the above rem project sift. This agent aud~ocization letter supersedes stay previous agent authorizations. From this day forward; ptease contact F&R. for wetland rotated issues associated with this project and prior to site visits. Sinecetely, FROEHLINCi & ROBERTSON, INC. Christopher J.13urkhardt Project Manager Additional Signaare ttock may na to roquirut Signature: Signature: Printed Printed Name: 77~fotJ-// ~eisebtc Name; rvArc t~w~y I~Wt.~c sl~,s~ ~Gd`.r~ I'k ~ 4aatsT Address: is'r~ Rom m,a+Ire+eY Rena Address: .tAGO't~N~Nt j7iIO Phone No.: (9to) b'e6 '9°d8 Phone No.: ( ) Neeow+~+aa~u: 3o+s vU~A~tTOa noAO • eox zrss+ . ~,~a, vA sm,-7st. TiliFlgNE (OW12EM270~ ~ fAx (fit) 2M~t202 ~ www.P~roR.aom i11ANC~Ri: AQt~EVILLE. NC ~ OAITIMORE. YIQ ~ CtU1RLOTiC. IVC ~ CMESI1PEuKE. VA E?tOtlt. VA ~ tAYErTEVNbE, NC ~ fllEBEft~CKSEUNO. VA tiREENVILLE, SCi ~ M~CKQQY, NC • WILEWH. NC ~ ROANGKE. 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I e,lill,~~ 1,11'1 li I a.~.~ lf: sir ~~,~1"?i' ~,:5`t i~J- r r) 3.' --~` r! L._ - .~ ll J~%` ~~'~`, ~ ~t ~. `•' l '~%~`.; i-•`:~ - c ~'}.364~r 1 it r ~%Id~ ~ ~ti ~; I ,~~'} . , ~' ' I '.~. r, f' 1 1. ! ~.-•.'1 \'~..44''{~(. L/ .~ %!? i ~r]yI t. '~!I! v~ ~ `.^~. ~~t. ~N I~;'-1(II ~ j ~' r `• s~ VV ~ ~.. -j _ 3v i+ +f _e. J`LS " ,~:'~.f\ ~:. I:-. I l I~ - ~-- ~: •°''--' r ..; ~1 '?SCE I I ~ "~ 1~.' ty~ l - is r" ')) ~ri '. `. ul. - /. t, ~} ~} , - I. ._-_ rl ! 'r ,l ;~ •.~~ I.l, ` I' it ~ i~'I ti r ''~ ` `` r` :- rrr.`. ~ .-h.1tt' np 11I~'• ',' ,~~- fj .~' _ % l ~~ ° ~-' ~ yr! .\t ~n~l'~. Ira, ,- J o ( ~ .~ ~ , , I I I ;• •r,.'~ ' 7 r ',4 ~ e ! •' ! t ~. [~ i f~~lrl ~,'i ~ oa"°.~-}' ['~L-, ~~- ~hrt i Y• ' ~ 1~.~. `" `" '~ I- it 'r~' , i ~-'l ~fr (r~ Y l ~' Y `\.1' ~II 'J •,. ';,~ ` _:/ F •I~~ _ f~GO ,.~~-~V r°;-~ _ / 7 1, .~= -.'~. Ca -, V1 ~ ~~. I I~ C ~ I ~'., ~-~ .• ~ --'`~ Ilr}5 ~Jf t ! `'~~ .-.~i14 ../+~ ~:~ „I I '~Z~ ~~ ~Cr rrl ~, L, ~, r! ;~ l~ It' it \ I _1'-~~ ~ ~ If -~I :~` 1I •~_~q ti ~1, ~{y .-_. '. ~`:, ' !!, f. ~r r/. , y~~ r ~ . f \ ~..' r - "`111 '• ~ ,{ 1 ~ •~~ !_' 1,r it '-1 -"`~1 ~. ~ .. ~.'r_. ii SITE VICINTY MAP North *~ Client: Wake Coun Public School S stem. / FROEHLING & ROBERTSON, INC. Pro"ect: WCPSS E-22 Access Road ~ F GEOTECHNICAL • ENVIRONMENTAL • MATERIALS Location: Wake Coun North Carolina ENGINEERING • LABORATORIES F&R Pro'ect No: G66-273G „„ , "Over one hundred years of service " 7.5 Too uad: "Green Level. NC" dated 1993 Date: March 2007 A roximate Scale: 1" = 2 000' Figure dt .~ N "' w~~ vr,c._ ~y~ r ..•1 ~' ~ 'rw::l:, ~. CrC.' WSF a~ ~ 'G A to 1 cm ,' /`.:. n r .~~ ~w r ~ '~ ~~-~ t. ~_ CrC7 ,, 3E [ G 42 • WsE` Cr62 ('fB2 32 ~ ~ ~c ~ ~. ` ~ rt , ) ~ ~ w. ~ dRT ~ , ~ ~ w ~ ` ~ .__ ~,~ ~,- a ~ ws~ E ws8` w:~a . . _ . ' S-..e ll . l ~.f H.' // fi r. ..,~~.. J ~~ ' ~ ~. ~i ~'-`s ~ r ~. ~; rr .' ~rr.~~ ~~ .. ~~_ VVy •~ Ut~.. t Lrh ` , f ` 1 i;r 8 \ v~ ' / 3 J SITE SOIL SURVEY North t 1 client Wake Count' Public School System FROEHLING & ROBERTSON, INC. Pm'ect: WCPSS F,-22 .Access Road ~~ R GEOTECHNICAL • ENVIRONMENTAL • MATERIALS location: Wake County, North Carolina ENG[NEE•RING • 1.ABORA"fORIES F&R Pro ect No: G66-27iG/E "Otter one hundred years of.rerrice" Source: Wake Cou^ ~ Soil Surve ~ Sheet 4> Date: March ?007 1.24,000 Pigurc No. 3 OxD X ~ N r O .C O ~ U ~> m.~> U ~ ~ ~U U ~ ~'~U m d'. C'V X m: Q' ~ X E' O m° E<' o m ~' ~ r f - •. l . '~... I .. , ~~ I ~ i ` ~ ~ ~ . 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Box t8846.2ip 27419-8846.313 Gatlimore Dairy Road • Greensboro, NC 27409 • p 336.668.0093 • / 336.688.3868 (ktobrr 3 t, 2006 Mr. Chad Howard Taylor Wiseman & Taylor 3500 Regency Parkway, Suite l60 Cary, Vorth Carolina 275 t t Reference: Wedauds and Streaar Buffer Delineation 87 Acre Revised E22 Wake County School Site Cary, Wake County, hortk Carolina Trlgon Project No. 042-0G-16S Dear Mr. Howard: Trigon F,ngineoring Consultants, Inc. (Trigon) is pleased to provide this report of our survey for wetlands and streams at the referenced site. This report summarizes ow field methods, observations, and conclusions. BACKGROUND The site is located southeast of the intersection of Green Level to Durham Road and Cary Glen Boulevard in Wake County, North Carolina (Figure I ). Site access was provided by a dirt road entering the property from the east near the intersection of Twyla Road and Hilliard Lane. The site consists of approximately 87 acres of wooded. rolling land draining to the west toward an unnamed tributary to Panther Creek and north toward Panther Creek. Figure 2 is a 1999 aerial photograph showing the recent ccmdition of the property. The site is reportedly being evaluated as a possible futwe location for a school. Tate property boundaries were not marked at the site at the time of our field work. WETLANDS '11te site was visited on September t3 and 19, 2006 for the purpose of identifying conditions supporting wetlands. ~Che methodology used to identify areas suspected of having conditions to support wetlands included walk-ng the suspected areas to observe existing vegetation, soil characteristics, and hydrology. Wetlands are defined by the t.~.S. Army Corps of Engineers (USAGE) and the United States Environmental Protection Agency as "those areas that are inundated or saturated by surface or groundwater at a frequency and. duration sufficient to support, anal under normal circumstances, do support a prevalence of vegetation #ypicalty adapted for life in saturated soil conditions." In order for an . , T'h.,~,a ~.~u L~r ~u:~ ~~_.... Mr Chad Howard TayJw Wiseman & Tuy/w Oetaber 31,1006 67 Arn Revised E11 Wales County School Site, C Wake County. ,Forth Curvlrno T-,gon P-o/ect No. 01:-Ob-l b S area to be classified as wetlands, hydroph}tic vegetation, hydric soils, and wetlands hydrology indicators must be present. Identification of wetlands was based on the 1987 Cotes of Engineers Wetland Delineation Manual. Several small areas at the site were observed to be inundated at the time of our site visit, and extensive areas of wetlands and stream channels were observed at the western property boundary and northeastern corner of the property (Figure 3). Wetlands were also observed within the interior of the site along an intermittent stream channel. Hand auger soil borings were performed to observe soil and hydrology at multiple locations at the site. Soil observed within our hand auger borings appeared to confirm the mapped soil types. A copy from Sheet 45 of the Soil Survey of Wake County, North Carolina produced by the USDA Soil Conservation Service is attached (Figure 4). Wetlands were marked in the field with a combination of white and red survey tape. STREAl4IS liasod on our observations at the site, three first order stream channels are located within the property limits. Une intermittent stream channel originates at a head cut on-site in the central portion of the proporty. The sueam flows approximately 1,250 feet to the western property boundary. A second intermitten/ stream channel drains to the west from an origin approximately 350 feet inside the property. The third steam channel appears to be perennial and flows approximately 700 feet to the northern property boundary'. Surface waters at the site are within the watershed of Panther Creek. Panther Creek flows into Jordan [.ake and the Naw River. These watersheds are within the Cape Fear River Basin. Based on the North Carolina Administration Code (15A NCAC 2B .0300), Panther Creek and its tributaries are classified as WS-!V waters intended for water supply purposes and are nutrient sensitive waters. The state currently has no buffer requirements for these surface waters. Surface waters at the site would be considered jurisdictional "Waters of the United States" regulated undar Section 404 and Section 401 of the Clean Water Act. Section 404 is administered by the USACF. Section 401 is administered by the North Carolina Department of Environment and Natural Resources Division of Water Quality (DWQ). These programs regulate the discharge of drEdged or fill material into "Waters of the United States," and ensure State Water Quality Standards are maintained. Any impacts to the streams may require permitting. Impacts may include such activities as placing fill within the stream banks. temporary or permanent stream crossings, or re-routing or piping the stream channels. The Town of Cary. North Carolina Ladd Development Ordinance (LDO) Section 7.3.2(A) roquires the following stream buffers: I. All perennial. and intermittent streams, including lakes, ponds, and other bodies of water as indicated on the most recent. version of the 1:20,000 scale (7.5 minutes) quadrangle topographic maps prepared by the United States Geological Survey (USGS) shall have a 100-foot-wide riparian buffer directly adjacent to such surface waters, excluding wetlands. 2. All other surface waters as indicated by the most recent version of the Soil Sun'ey of Wake or Chatham County, \orth Carolina. shall have a 50-foot-wide riparian buffer adjacent w such waters. X,C.cin' ErtiYiINEFfu?wi < n~ sr r r~ tiTS, l ns FaAe 1 c!!r. Chad Howard Taylor ~f'futnon do Taylor October 31, ?006 8T,lcn Rtvesed B?? Wilke Coarnly 5choot Srre, Cory, Wake Counq~, korth Carolina Trtgon Prolecl No, 04?-06-165 Based an review of the Green Level USGS Quadrangle (Figure 5), Panther Creek and the unnamed tributary to Panther Crcek west of the site would be subject to the 100 foot buffer, The 100 foot buffer would likely extend onto the property from portions of the stream located along the ~vcstern boundary of the site, U addition. a 100 foot buf'f'er may extend onto the northeast corner of the property adjacent to Panther Creek (Figure 3). Based on review of Sheet 45 of the Soil Survey of Wakc County (Figure 4), North Carolina, portions of four streams are mapped at the property. However, our field reconnaissance indicates that portions of three of the streams mapped in the soil survey are present at the site. The site was visited with Mr. Mats Flynn of the Town of Cary Engineering Department on October 12, 2006 to coafirm the results of our field roconnaissance since it conflicted with the sail survey map. Based an the Town of Cary LDO, a 50 foot buffer would extend from the top of the stream banks (both sides of stream) for each of the streams within the property boundaries shown on Figure 3. CLOSURE Trigan Engincering Consultants, Inc. appreciates the opportunity to be of service during this phase of your project. Please contact Chris Hay if you have any questions concerning the content of this letter. sincerely, Tt;tconr ENGIl1fEERING CONSULTANTS, INC. ~tiy~ ch opher ,. y, >:.1. Natural Resourc Department Manager C WH/J MS: mes Attachments s.'~AI:Olprgetta4tl106t161iL;'06/61 doC Yy' . ~ff.~)~ . Stewart, P.G. Regist red Geologist __- . __ -- - -- . Twc~~.vE.'~.n££RmtGC'r~.r~+~tr:r.+~tc.iv- _ Paga~ t .y/ {, _ + 11 ~ 4 „ v )'~ ~ ~~-, ~ + a ~~ ~ ~ ~ t ~'~~ ~ ~ ASS f ~ \, ~. r 1f~ .~i t a-- 1~~ t ~ ;x::5`5 ~ ~.t # ~+ 4'.~ i~ ~$ I ~ S~I +n ~',,- :~ ~. ~ ~ ~ s t ~`, i : r~ ~r ~ ,>il ~ti ~~ ! ` '' 1 ~ / ~___ ~ ty '0411 tl ~ \~~. ~ ,oy ;, ~ ~~ ~ ~ -, g ).. \~ 0 ? 1 ~. ;,~.u /~ivcic~ .ueE i `~_'; ~J\~; - ': ti~~t _ .~, w ,~ .arm t t ~, _ ~tii ; ''~°~~ Xtf "~ .rf ~ .~~~ .,, e,%.^ --L`= r ~t ~?,? : ; +; <4,~.~--~~~-1 \ 1 S~e ( , ~ ` ~., sw r t l + ..~-. ..~t~+M~~ _ yob - y" ! ~ c ~y~ ~ r ~~~~4 ~ - ~(~ `,~~' ~ ~, fir ~ ~~ ~ ~t ~ .- ! d~' Sy~`x' p 'i ~.>~ ral+ y- ~ _. x` 1 __~ ~-~ ra ';. Ft ..(~, it t s ~ ~ It E_ ,~ _ ...., ~ ~. ~ i . ~ y /, II ~ r .: ( k ~ 4 3 '. ~fw11m V~ ~q s 2s)cr ,/ ~E ~ "p /~ *~r- wta u+ +i ~L lM1 t . - F• ~,\ 1 ,~,~, (_ ~ j ' Yf ~~'S ~ / (/` t i f d'~ ~F' 1, r .. ~~ ` vy! 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' ;~ ~ ~.. - - 's ~ waf ~s~~ ..~ ~I ~~''-AI ~; r+ ,~ r ~ °,- 1 -_ L SCALE: DATE: APPROVEII BY: ~g~ SOURCE: i"=2,000' 09{26106 ~L'~t`t USGS 87 ACRE REVISED F22 WAKE COUNTY SCHOOL SITE i ( CARY, WAKE COLNTY, NORTH CAROLINA TF~IGiC'~NI TRIGON PROJECT NO.Od2-OS-165 Trigcm FngmccnngContultants. Inc. SITE I.OCATIOV MAP FIGURE } 13 G,tlimurc paw' Road ~ Grccn~tww. S~crth C.arvGua 2?a09 I SCALE: DATE: APPROVED Fil': _ ~ SULRCE: ~~':~KE Yp tiCALE 09/2GiQ6 r L,~'~ Ct)1 ~T1' (:Ia ~ 87 :1CRE REVISED E22 1'~'Atil~: COU\Tl' SC:HOOI, STI•E ': GARY, «'.4KE COti\TY, 1pltTli CAROLI\A iT1~GONi TRIC()v PR(~.IEC•r ;v0. A-t2-~u--F(~: 1'riEi~n t rgineennt C'^.nsut,anr., tnc 1999 AF:RI:~L PHOTUGR:~PII Fl(;C12E: (:,rccmthm, \,~nh C arol~nu ?"4''v 2 TOTAL SURVEY AREA (#1 8 #2) = 87 ACRES +!- '" ,~ _ •~--- ..~ __ _ ~ . F /~ .r ~~ -- - -- _.. ~ ~ l ',~ti~ A~~~ ~~ - , // t ` , ~" ~" ~- -~ ;_ ~ f. r --` , r T~/(~ ~~ ~ .. `\~ ~ ' `- ~ ~ ~- { ~S ~ ~ ! 11 / i C I~ - //, ~ f ~ ~ ~ ~~~~\ `~ ~ 1 ~. ~~Ir~ ~ ~ ~~~ f 1/~ - ._. _ 1, t `l 111 1 ~ 1 ~1~~~ ~ ti~~ _ aifl%F ~ ~~, ~ _ _ ~° .. ' \~ \ l f~~- ~-i-~ ~ f> 'r ~r t ~~ ~/` ..'' . ,' _ l1 r ~ t ~~ ~~~ ~~ -. ~- i ~ L-~ ~ ~~/~~~ '~~~ ~ F l~ ~~:+~~~~~. ~r~ 4 1 //i~ )~I ~ IG it ",ti / j. if r; ,~~/ "~~ ~ ~ 'i~' 1~Ij~1'~ /~! ` } i y ~~ ~ // ~~ ~~`" Jtl ~ ~ t 3`_', ~~~ ~ I I r-- '~f'jj f~~ f~ -~~ `,~ yr .L•f ~ `'~r~ii'!" ! ~ `~ ~ i/ ~ f ir~~ ~- i~ ,~' i \ '' 1 t ,:, i 1 ~~~.it ~ .. ~~ /j ,', ~ ,`~~ __ ~~~~,~.~ .'fir ~; ~< ,!f ./~j~ r~ /,f~f ~ 1 v --.. ~ :, , , ~. ~ ~,~ ~ r ~ 1 t i ~ -~- a ~~~ ~\lA~ f~~ /J~~~ ' ,--- -- - ~' f fir,. ,~,r~, I ~ _Xf~-~~:/~/~r j • ~~ r ~} /may[.''. .~- tris$~ R;f/~r'i~`" r *r ~'!; ti, 1. ! f ~~ sir %~e°f ~ 1, ~h'% Y ~~ // / .~.~~~,%i ~ A ~ iA ~~ \jC~ C.' ~<.r+~ t ~~~ :A ~ ~ ,~~ ~ ~ ~~ ~ V sa~tslr~,(f i r , ~ ~ ~. , .- -~ ,} ~ 1 / ~ t ~' ~~ \ V~;' `l \ i ri vii i ;, ~ ~; sii '' ---' ~ `~` /. __ "~ ~ SCALE t ` = 400 ~/- ~ _- - ~'~~ ~;;i , ` t~~ ~`;~ ~ j ~ i ~ . , f 1'f~r~.r-_,`. _ ~ .~ f , r ~'" . - _ - ~ . ~ V 11 r +i ~ ~/. ~ ~~ ~. J ~ \ ~ ''~ti~i~~ ...~ka~4'Ct'T'~- SCALE: PATE: APPROVt:A BY: SOtiRCE: rAVLOR ' AS SH0~1'\ 09~26l06 ~ ~ ~ ~t'1SEAi.~.~ & 7"AYI,OR 87 ACRE REY[SEU E22 WAKE COLfNTl' SCHOOi. SITE CARP, V~'AKE COL~TY, FORTH CAROLIIA ,fR~~~~~ TRIGOI~' PROJECT ~O.042-OG-16~ Trigon C•ngineeringCcm~uUunt, Inc. tiITE ~C!RVEY ~'IAP FI(:LRE s l3 Gallimare ?)airy Read Greensboro, \.,rtlr t'ur~~lnra '_7dCi+) 3 ~ a ~ ~ ~ r W5C^ W.,E . ~ .~ ~ ~~ f m. ti ~~ ~ 1, t ~ ! 1 ~` a ~~K`~ F CrC~ ,,~ -' ~~~ _.J \\ _ tl :\ ~ } ' ~ r WxLj' ,. YiSd } :• ~ ~ ~ Ytsr/2 ~ / ?` ~ ~i ~ f ~`~~ ;/`~iu ~`` f WxCl. .SrG2 tv, E, . } ~ ~ I (, tY3E v J ._~ ~ t`m ~ / ~ ~~5'~t, .~ s I• .~' wsE W r t~ts ~ r p; F J ,mss ~Gr ~ \ F ~~ „ - 1 ~ ar _ ~ t+,. ~ ::L ~% .... ~'".~~t ~ WsE I- r 1 r ~ `' \ yd>7p. .. . ~. xez " ~ s I ' ~ >i; t }~(y a"9 j L J yr W.i ` \ 1.,~ K Y ~ `, ~ ~ ~ r 1S ~ ~ ~~. 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U•i1-06-163 Trig[mEngincerinaConsultanu, tnc li$GS GREEN LEVEL, NORTH CAROLINA QLTADRANGI.F, Ptt:URF 313 C;ailimtm D~~n Koad 4reensboro Vorth Carolina 2?att9 5 Addendum to the Pre-Construction Notification and "Buffer Rules" Application Required for Projects Submitted Under the "Express Review Program" North Carolina Division of Water Quality Version 5.0 October 1, 2006 Email Address: 401 express@ncmail.net Purpose: To provide a detailed explanation of the information required by the Division of Water Quality in order to expedite the review of applications for 401 General Water Quality Certifications, Isolated Wetland Permits, Stream and Wetland Mitigation Plans and Riparian Buffer Approvals (Please Note: do not leave any questions unanswered or use terms such as "N/A" without an explanation). Fees: 401 Water Quality Certifications: Riparian Buffer Authorization: Riparian Buffer Minor Variance: Coastal General "Major Variance° Isolated Wetland Permit: Major (>/= 150' stream or >/= 1 acre wetlands) $2,000.00 Minor (< 150' stream or < 1 acre wetlands) $1,000.00 (exclusively or "in addition" to) $2,000.00 $1, 000.00 $1,500.00 General $1,000.00 Please read the entire document before attempting to determine the proper fee. Fees are additive for particular projects. Things to keep in mind when filling out the application: A specific answer must be provided for each question. For instance, if a numerical answer is requested then a numerical answer must be provided along with the supporting information necessary for DWQ staff to verify that the number is accurate. Likewise, if explanations are presented to justify certain responses, the explanations must be completely supported by documentation. DWQ staff cannot assume that unsupported or undocumented information is accurate. "N/A" is not an acceptable answer for any question since the DWQ Staff reviewing the application must have an opportunity to determine whether or not any requested information is pertinent. All forms, guidance, worksheets, applications, etc. used must be the current versions as posted on our web site at http://h2o.enr.state.nc.us/ncwetlands. The Express Review Program website can be found at http://h2o.enr.state.nc.us/ncwetlands/express_review.htm. Please note that it will be responsibility of the applicant or the applicant's consultant to verify that the current versions are used. The versions posted on our web site will be considered to be the current versions. You are a very important part of the success of this program, if you have suggestions or clarifications please send your comments to the Wetlands/401 Unit of the DWQ (via email at 401 express@ncmail.net). Filling Out the Pre-Construction Notification Application: The Corps of Engineers (USAGE)/DWQ official, joint Pre-Construction Notification (PCN) Application must be used as a basis for the expedited review process. The completed application should be presented first and the supporting information tabbed and collated in the same order. Using a custom format is not recommended. The open squares (~ are checklist items. The following items correspond to the numbering system on the Pre-Construction Notification Form (PCN): IMPORTANT: USE CHECK BOXES TO TRACK PROJECT 1NFORMAT/ON!I SECTION 1. PROCESSING ~ 1 8~ 2.The USACE determines which Nationwide, Regional, or General Permit is required. If you have verified with the USACE which permit they intend to use for your project or if you already have written approval from the USACE, please indicate by adding "verified" or "verified, attached", respectively, in the blank next to the Permit number requested. ^ Attach the USACE Approval if you have it. DS 3. It is not anticipated that the expedited process will be requested for this situation. 4. If you propose to impact 150 feet or more of perennial stream or 1 acre or more of wetland and onsite mitigation is not proposed, it is recommended that you either locate an acceptable private bank with available credits (with documentation to show that the bank can and shall provide the credits needed) or obtain approval from the EEP for the entire amount of stream and or wetland as DWQ will make the final determination as to whether or not mitigation applies. A complete Express application is not considered received unless an EEP approval letter is attached if mitigation is requested through EEP. Please note that the USACE may have different mitigation requirements and thresholds. N/A ^ 5. State whether your project will require a CAMA Minor, Major or General Permit and give the status of the permit. SECTION II - APPLICATION INFORMATION 1. 75 NCAC 2H .502(f) reads as follows: "Who Must Sign Applications. The application shall be considered a "valid application" only if the application bears the signature of a responsible officer of the company, municipal official, partner or owner. This signature certifies that the applicant has title to the property, has been authorized by the owner to apply for certification or is a public entity and has the power of eminent domain. Said official in signing the application shall also certify that all information contained therein or in support thereof is true and correct to the best of his/her knowledge." ~ Please indicate how the applicant meets the above definition and provide supporting documentation. ~ Please provide all of the requested contact information including a fax number and email address. 2. L~ If the application is not signed by the applicant, please attach the agent authorization letter. The applicant must sign the agent authorization letter. The applicant's name and position must also be spelled out as many signatures are difficult to read. 3. ~ Please provide all of the requested contact information including a fax number and email address. SECTION III -PROJECT INFORMATION The following is the most critical of all the information that you must provide. The quality and detail of the information will often determine the expeditiousness of the review. The following is a checklist of the types of pertinent information required at a minimum: Maps and Plans: ~ The most recent version of the 1:24,000 USGS Topographic Map- Please cleanly delineate the site boundaries, etc. on the map. If the delineation obscures any of the features, it is recommended that a clean copy be provided. Please indicate the quadrangle name. You can go to the USGS web site (http://mac.usgs.gov/maplistsn to verify the most recent version. The most recent version of the NRCS Soil Survey Map - (required for projects within the Neuse River Basin, Tar-Pamlico River Basin, Randleman Lake Watershed and the Catawba River Basin, also recommended for all projects) -Please cleanly delineate the site boundaries, etc. on the map. If the delineation obscures any of the features, it is recommended that a clean copy be provided. Please indicate the page or map number from which the copy of the map was made. Copies of the current soil survey and/or soil survey map sheets can be obtained from the local NRCS County Office (http://www.nc.nres.usda.govn. GIS soil layers are not acceptable. l~ Vicinity map -Please clearly mark the location and approximate boundaries of the property and project on the map. Please indicate north and scale. Please include applicable road names or State Road numbers. The Site Plan -The most critical map to be provided is the site plan. You must provide full sized plans. The following is the minimum list of plans that are typically needed. ~ Pre-construction/Pre-existing conditions -This sheet must be scaled and include all jurisdictional and non jurisdictional wetland, stream, water features, State regulated buffers, topographic contours with elevations, approximate extent and nature of forest, field, landscaping, or other cover. Any existing structures and impervious area must be shown. Existing utility lines and easements must be shown. Existing roads, culverts, and other pertinent features must be shown. North arrow and the scale must be shown. Please note that the impact boundaries on the maps should correspond to the flagged impact boundaries in the field. ~ Proposed conditions -These sheets must be scaled and show all existing jurisdictional and non jurisdictional wetland, stream, water features, and State regulated buffers (delineated into Zone 1 and Zone 2) must be underlain on the site plan(s). The plans must show all built-out structures and impervious cover. The plans must include the final grading contours with elevations. The plans must indicate all utilities and easements. It is likely that several versions of the final built- outsite plans will be necessary. ~ Drainage Plans -Final drainage plans must be included. The plans should include the locations and pertinent elevations and sizes of the collection system and drainage ways. All inlets and outlets must also be shown with pertinent elevations. Scaled stormwater BMPs must also be indicated as required by DWQ rules and policies. In certain cases, final stormwater management plans must also be provided, but that will be addressed later in this document. ~ Plats -The plans must show the location and layout of all sub-divided parcels with lot identifications. Platted parcels must be developable without further impacts to jurisdictional and non-jurisdictional wetlands, streams, water features, and State regulated buffers. L~ Proposed Impacts -All impacts to jurisdictional and non jurisdictional wetland stream, water features, and State regulated buffers must be shown and labeled on the site plans. All excavation, fill, flooding, stabilization, and other impacts that will be conducted in or near jurisdictional and non jurisdictional wetland, stream, water features, and State regulated buffers must be indicated. 4 Wetland Impacts (on the site plan): ~ Precise grading and final elevation contours must be provided. Existing vegetation and any clearing must be specified. N/A ^ All subsurface utility lines must indicate the location of anti-seep collars. Construction detail for anti-seep collars must be provided. +~ Roadway or other crossings of riparian wetlands may require floodway culverts to maintain existing hydrological conditions. L~ When surface drainage features or groundwater recharge areas that feed or would reasonably feed wetlands that are not to be filled are made impervious, it may be necessary to direct some stormwater runoff to those areas in order to maintain hydrology. You must identify these areas and address them. Supporting explanations and discharge information must be provided to show that the wetland would not be eroded or receive too much or too little hydrology. In many cases this could help satisfy part of a' stormwater management plan. Flooding ~ Draining Stream Impacts: ~ Stream impacts must be clearly shown on the plans. The centerline as well as the banks of the stream must be surveyed or located by GPS for the portion of the stream to be impacted. Culverting: ~ The inlet and the outlet of the culvert should be aligned with the stream as much as possible. Inlet and outlet elevations and streambed elevations should be indicated. N/A^ Any widening of the stream must be shown with elevations. The extent of and plan details for all dissipation or grade control devices should be shown with pertinent elevations. L~ For shorter culvert sections, such as for road crossings, a longitudinal cross section that shows the stream bed invert at the inlet and outlet, the existing stream bank elevations and the invert of the inlet and outlet of the pipe(s) must be provided. ~ For shorter culvert sections, such as for road crossings, a vertical cross section must be provided that shows the stream cross section at the inlet and outlet overlain with the culvert and fill cross section. N/A^ For bottomless culverts or other spans, a vertical cross section should be provided that shows the minimum distance from each span to each stream bank, the stream cross section, the height of the span above the stream and the minimum distance from the edge of each footer to each stream bank. N/A^ For bottomless culverts or other spans, a plan view must be provided that shows the location of the spans and the stream banks. ~ For longer culverts or culverts that will pass beneath substantial impervious cover, it will be necessary to provide adequate plan detail to show that discharge velocity/energy will be adequately dissipated. Cross section details must be provided showing the provisions for aquatic life passage. Aquatic life passage through culverts is typically achieved by placing the invert of the culvert below the existing bed of the stream per the USACE or North Carolina Wildlife Resource Commission guidelines. Other methods such as baffles may also be used. Please be aware that such placement may require the use of grade/velocity control measures up or down stream of culverts on steeper streams to prevent head-cuts or streambed erosion. The culvert placement relative to the streambed can be indicated on the longitudinal profile. Grade and velocity control measures must be indicated on the plan view and typical designs should be provided. 1/ Multiple culverts, wide culverts or sectioned box culverts typically require the use of sills, off-setting or other means to match the cross section of the existing stream (in order to maintain stream stability and provide aquatic life passage). A vertical cross section of the culverts should be shown overlain with the up and downstream stream cross section including the stream flood-prone area. N/A^ Impacts associated with dam construction must indicate and enumerate all fill associated with the dam footprint, spillway and any bank stream bank stabilization. The length of stream impounded must also be indicated and enumerated. Stream Relocations: N/A ^ Stream relocations must be conducted as specified in General Certification numbers 3402 and 3404 (available on the Wetlands Unit web site). Stream relocation plans must include: ^ Morphological measurements (see Appendix B of the Internal Technical Guide for Stream Work in North Carolina available on the Wetlands Unit web site) -not all of the measurements are applicable in every instance. ^ Typical stream cross sections - Typically, a riffle cross section and a pool cross section that includes the entire flood prone area. The bankfull and flood prone area elevations should be indicated. Similarly, a riffle cross section of the reference stream(s) should be provided. ^ Plan view -Provide scaled plans that show the location of the proposed (preferably with stationing) and the existing stream. In most instances, the bankfull contours and flood prone area contours, in stream structures, bank revetments/stabilization, channel plugs, planting plan, vegetation conditions, stormwater outlets, grade controls, bridges, culverts, sewer lines, roads, fencing, and easement lines should also be provided. ^ Longitudinal Stream Profile - A scaled profile that indicates the thalweg, bankfull, and top of bank elevations should be provided for the design and reference streams. In many cases, it will also be necessary to show the existing land elevations for the design stream. ^ Planting Plan - A planting and/or vegetation management plan should also be provided that makes use of appropriate native vegetation. The plan should indicate the extent, density, and species of plants to be provided. ^ In-stream structure, bank revetment/stabilization, and stormwater outlet typicals - Detailed, typical plans should be provided for all in stream structures, bank revetments or stabilization, and stormwater outlets. The typicals should include materials and specifications as well as relative lengths, positions, and angles. ^ Sediment transport analysis - A sediment transport analysis should be provided based on the current, relevant, accepted practices. The sediment transport analysis should be relevant to the streambed load type and should predict bed load transport equilibrium. 6 ^ Permanent conservation easement or similar means of protection must also be provided. Other Information: 1/ 1. The project should always be referred to by this name in all correspondence as well as the DWQ # once it is provided. N/A^ 2. This only applies to DOT projects, which are not expected to utilize the Express Review Program. ~ 3. This should be the size of the project as identified by the USACE for 404 Permits or by the Division of Water Quality for Buffer Approvals and Isolated Wetland Permits. ~ 4. Please provide the name (as depicted on the USGS topographic map and DWQ Stream Classification Lists) of the nearest water body(ies) to which your project is a tributary to (e.g. "Neuse River (Falls Lake below normal pool elevation)"). (Do not simple state "stream", "river", "ocean", "sound" or "lake".) Please provide the "stream index number" of the named water body or water body section (e.g. "27-(1)"). Also, please provide the full water quality classification (e.g. "WS-IV NSW CA") of the water body. This information can be obtained from the DWQ web site http://h2o.enr.state.nc. us/bims/Reports/reportsWB. html. ~ 5. Please state which river basin and sub-basin that your project is in (e.g. "Neuse River Basin, NEU01"). This information can be obtained from the DWO web site http://h2o.enr.state.nc. us/bims/Reports/reportsWB. html. ~ 6. Conditions should also be indicated on the existing site plan where applicable. Photos (including aerial photos) can be helpful in describing the existing conditions. ~ 7. You must provide an attachment that explicitly describes what the proposed project will entail from the planning stage to final construction. ~ 8. This can be a simple explanation, but it is critically important because the purpose dictates how the no practical alternatives are reviewed. SECTION IV -PRIOR PROJECT HISTORY N/A^ Please include copies of all 401 Water Quality Certifications, Isolated Wetland Permits, Buffer Approvals, USACE Permits, CAMA Permits for the site as well as a copy of the final approved, site plan. SECTION V -FUTURE PROJECT PLANS For projects utilizing the express review process, all impacts both present and potential future must be indicated. For instance, the location or configuration of platted lots sometimes suggests that future impacts will be necessary to build, access, or otherwise develop such lots. Failure to account for such potential impacts could delay or disqualify a project from the rapid review process. If you believe that the tot can be developed without impacts, but you anticipate that your assertion may be questioned, it is recommended that you provide a potential building foot print and/or grading plan to show that future impacts could be avoided. SECTION VI -PROPOSED IMPACTS TO WATER OF THE US 1. It is recommended that the individual impacts be described if there are special things to note about the impacts. Typically the most important thing is to have detailed accurate site plans as described above. Please make sure they are clearly labeled. ~ Please include all proposed temporary impacts. 7 ^ Also, a current, signed delineation map from the USACE should be provided (if available) and a map locating the stream origins signed by the appropriate DWQ Staff must be provided if applicable. ~ 2. Each impact to a wetland must be clearly labeled and identified on the site plan. The type of impact must be clearly stated. If the impact is temporary, a specific plan must be described or shown as to how the wetland will be restored. Keep in mind that the USACE delineates some features as wetlands that DWQ calls streams. Please list any impacts in this table that DWQ would identify as a stream. If there is any doubt, it is recommended that the impacts be listed as streams. Please follow current DWO policy with respect to whether a stream is perennial or not. It is recommended that you assume that a stream is perennial (unless you are positive that it is not) so if mitigation is required then the appropriate amount of mitigation would be anticipated or requested from the EEP or private bank. If the EEP or private bank has pre- approved too short of an amount of stream or if inadequate mitigation is proposed, then that situation will result in delays. ~ 3. Sometimes it is difficult to determine whether a feature is a modified natural channel or a ditch, especially in the eastern part of the State. Soils, drainage features, topography, macroinvertebrates, and similar factors, all are important for making that determination. ~ 4. Other items to address not specifically requested in the application include downstream sediment starvation, thermal pollution, low flow releases from dams, and aquatic life passage. Other important considerations are buffer reestablishment or mitigation around ponds on buffered streams. The site plan should include the precise elevation contour of the normal pool as well as the dam footprint. Mitigation is required for wetland flooding of an acre or greater and for stream fill (if over the 150 foot threshold) under the dam footprint and any outlet stabilization. SECTION VII -AVOIDANCE AND MINIMIZATION Avoidance and minimization are critical aspects of an application particularly if you desire the application to be processed expeditiously. The following is a checklist of avoidance and minimization questions that DWO Staff often look for in applications. C10 ^ Are there any stream crossings at angles less than 75° or greater than 105°? n0 ^ Are there any stream crossings that cross two streams above or at the confluence of those streams? n0^ Are there any stream, wetland, water, and/or buffer impacts other than perpendicular road crossing near the edges of the property? no^ Can the stream be relocated as a natural channel design as opposed to culverted or otherwise filled? n0 ^ Is any single stream crossed more than once? n0^ Can property access routes be moved or reduced to avoid stream, wetland, water, and buffer impacts? n0^ Can a building, parking lot, etc. be realigned to avoid impacts? no^ Can the site layout be reconfigured to avoid impacts? no^ Can headwalls or steeper side slopes be used to avoid/minimize impacts? 8 no^ Can a retaining wall be used to avoid/minimize impacts? N/A^ Can cul de sacs be used in place of a crossing? N/A^ Can lots be reshaped or have shared driveways to avoid impacts? If based solely on the practicable physical possibility, the answer is "yes" to any of the above questions then you must have to provide substantial and convincing justification as to why the impacts are necessary. If the impacts are required by a local government or other agency, the claim must be supported with appropriate written documentation from the local government or other agency. Most projects typically involve the need to justify avoidance and minimization. If this information is not readily available, then the express review process may not be the appropriate venue to use. Providing alternative plans (such as plans that avoid the impact, minimize the impact and the preferred plan, similar to those used in environmental assessments) and explanations as to why the preferred plan is needed and why the alternative plans won't work are many times helpful in the no practical alternatives review. SECTION VIII -MITIGATION Mitigation for the Express Review Program, final mitigation plans must be presented up front. The final plans (except for plans that propose payment into the Ecosystem Enhancement Program (EEP), Riparian Buffer Restoration Fund, private mitigation banks, or similar banking instruments) must contain detailed plans, specifications, calculations and other supporting data that show that the appropriate mitigation will be achieved at the ratios required. The design plans must be developed to at least the "90%" level. Monitoring plans must be final and specific. Any means of permanent protection, such as a permanent conservation easement must be provided. If you elect to use the EEP or a private mitigation bank, it is recommended that you request the maximum possible mitigation amount that DWQ may require so that you will not have to get further approval from them on short notice. The EEP and private banks are not part of the expedited review process and cannot be expected to meet any such deadlines. There will be no conditional expedited approvals that require final plans at a later date. It is not recommended that innovative mitigation techniques or greater than 10% preservation be requested as part of an expedited process. SECTION IX If your project requires the preparation of an environmental document under NEPA or SEPA and an approval letter has not been issued by the State Clearinghouse, then you cannot apply under the expedited review process. It is your responsibility to find out if such documentation is required. SECTION X There are many aspects of the Buffer Rules that must be addressed in every application, if applicable. The first and most important thing to keep in mind is that allowable activities that require written Approval from DWQ triggers a review of the entire project for compliance with the Buffer Rules. Diffuse Flow 8~ stormwater Management: ~ The most common issues that arise involve the requirement for diffuse flow of stormwater through riparian buffers. Basically one of three things must be indicated in regards to all "new" stormwater that is collected and subsequently discharged. First, provisions for diffuse flow through the protected buffer must be made. This usually involves the use of level spreading devices designed to the latest DWQ guidance on level spreader design, which is available on our web site. Please keep in mind that it does not matter how far a discharge point is from a buffer. The stormwater must be flowing in a diffuse manner at whatever point it eventually reaches the buffer. If the stormwater will not be flowing in a diffuse manner through the protected buffer at the point it reaches the buffer, then one of the following options may be allowed: ~ You may provide a nitrogen removing measure such as a forested filter strip, grassed swale, stormwater wetland, etc. The measure employed should be designed according to the NC DENR Stormwater Best Management Practices Manual or other DWQ Guidance available at http://h2o.enr.state.nc.us/ncwetlands/regcert.html. After the nitrogen is treated, the stormwater can be directly conveyed through the buffer with written DWQ approval. N/A^ You may discharge the stormwater to an existing man-made conveyance that currently conveys stormwater through the protected buffer (assuming the conveyance was not constructed in violation of the Rules) as long as that conveyance does not need to be altered to convey the flow. Please remember that there are no other choices. The following checklist is intended to help insure that your application will not be deemed incomplete as a result of improper stormwater design. Stormwater Management (for Buffer Rules compliance only -Also, see Section XI): N/A^ All stormwater out-falls must be clearly shown and labeled on the site plan for projects in Buffered watersheds. List each out-fall as labeled: ^ Option 1: Level spreading devices designed to the latest DWQ Guidance, and devices that merely control velocity but do not provide diffuse flow such as rip rap dissipators are not proposed. List each of these out-falls as labeled on the site plan and provide a DWQ worksheet available at http://h2o.enr.state. nc. us/ncwetlands/regcert. html: ^ Option 2: Nitrogen removing measures designed to DWQ Standards are proposed for discharges for which diffuse flow through a protected Buffer cannot be met. List each of these out-falls as labeled on the site plan and provide a DWQ worksheet available at http://h2o.enr.state.nc.us/ncwetlands/regcert.html ^ Option 3: The stormwater will be discharged to an existing man-made (not including modified natural channels) conveyance that carries the stormwater through the Buffer. The conveyance was not constructed in violation of the Buffer Rules. List each out-fall as labeled: ^ All stormwater out-fall must meet one of the options above. (Note: if you cannot check this box your application will likely not be accepted into the express review process.) Site Plans: N/A^ All applications on properties with DWQ protected buffers must clearly depict the buffers and any impacts to the buffers on the site plans. The impact maps should clearly depict both zones of the protected buffers and the proposed impact areas (provided in square feet). Surface Water 8~ Buffer Delineations: N/A^ Any surface waters subject to DWQ protected buffers must be field located and accurately depicted on the site plans and impact maps. The width, dimensions and pattern of the surface water must be delineated. The surface water location must not be taken simply from a USGS map, soil survey or local municipality's map. The buffers must be measured from the surface water as required within the applicable buffer protection rule (e.g., all buffers along streams subject to the Neuse and Tar-Pamlico Buffer Rules must be measured from the "top-of-bank" of the stream and not the centerline of the stream). All streams must be surveyed or located by GPS and shown precisely on the site plans. Impact Table: 10 N/A^ Please provide additional impact tables that clearly state the area of impact for each corresponding impact site. Variances: N/A^ Projects that require a Major and/or "General" Variance will not be eligible for the use of the Express Review Program (with the exception of the Coastal General "Major" Variance. Mitigation: N/A^ As opposed to applications that are submitted under our regular process, final mitigation plans must be presented up front (see requirements for Section VIII above). The mitigation plans must comply with the applicable buffer mitigation rule. SECTION XI - STORMWATER Please provide the following information in regards to potential stormwater requirements: C~ The total acreage of the site. 15.84 (acres) L~ The total built-out impervious acreage 4.33 (acres) +~ The total area that will be disturbed 8.26 (acres) ~ If the total area exceeds 20% imperviousness, the development on the site is uniform in density, and you claim that the total impervious area is less than 30%, you must provide a complete, detailed breakdown of the assumed built-out conditions. The breakdown must be detailed enough to show that all potential impervious areas are accounted for. N/A^ If there are concentrated areas of development such as multi-family, commercial, cluster, club houses, etc. that exceed 30% imperviousness and the total imperviousness for the site does not exceed 30%, a stormwater management plan will likely be required for those areas that exceed 30% imperviousness. stormwater management plans must be complete with a final design and an executed Operation and Maintenance Agreement. There will be no conditional stormwater approvals for the express review process that allow for approval of the final plans at a later date. Worksheets must be provided that are available at http://h2o.ehnr.state. nc. us/ncwetlands/mitresto. html. SECTION XII -SEWAGE DISPOSAL ~ Response must be clear and detailed. Any disposal method that suggests further impacts may be required other than those shown must be clearly addressed on the site plans. SECTION XIII L~ Answering yes to either of these responses automatically precludes you from the express review process. SECTION XIV -SIGNATURE The name, position and/or title of the applicant must be in type or long hand script here with the signature. It should be the same person as described in Part II. If you have any questions about these requirements, please email the Express Review Program at 401 express@ncmail.net and include your question and phone number and the appropriate staff will respond as soon as possible. SINCE FROEHLING & ROBERTSON, INC GEOTECHNICAL • ENVIRONMENTAL • MATERIALS ENGINEERS • LABORATORIES "OVER ONE HUNDRED YEARS OF SERVICE" 310 Hubert Street ~ $ a ~ ~ Raleigh, North Carolina 27603 Telephone: (919) 828-3441 Fax: (919) 828-5751 April 13, 2007 North Carolina Division of Water Quality Express Permit Review 2321 Crabtree Blvd. Suite 250, Raleigh, NC 27604 Attn: Cynthia Van Der Wiele Re: Written Verification for use of NWP No. 39 Mills Park Drive (E-22 Elementary School Access Road) Cary, North Carolina F&R Project No. G66-273GE Dear Ms. Cynthia Van Der Wiele: Froehling & Robertson, Inc., (F&R) has been contracted by Wake County Public School System to provide wetland and stream consulting services for the proposed Mills Park Drive (E-22 Access Road) project site. F&R is submitting this letter as written verification that the US Army Corps of Engineers (USAGE) will accept Nation Wide Permit (NWP) No. 39 for this project in response to your request for more information. The project site is located in Cary, Wake County approximately 4,000 feet south of the intersection of Green Level Road and Durham Road in Cary, North Carolina. The project site will impact approximately 0.491 acres of wetlands and an unnamed tributary of Panther Creek, which is located in the Cape Fear River Basin, Cataloging Unit Number 03030002. The initial Pre-Construction Notification (PCN) listed approximately 425 linear feet (LF) of stream impacts for one primary channel and one secondary channel of a braded stream network. The stream impact threshold for NWP No. 39 is 300 LF. On Tuesday, March 27, 2007 F&R met with James Shern, field representative for the USAGE, at the project site. Mr. Shern confirmed that the secondary channel is an un-import channel thereby reducing stream impacts to 259 LF of important channel. Mr. Shern gave verbal confirmation that the USAGE would accept NWP No. 39 for this project. HEADQUARTERS: 3015 DUMBARTON ROAD • BOX 27524 • RICHMOND, VA 23261-7524 TELEPHONE (804) 264-2701 • FAX (804) 264-1202 • www.FandR.com BRANCHES: ASHEVILLE, NC • BALTIMORE, MD • CHARLOTTE, NC • CHESAPEAKE, VA CROZET, VA • FAYETTEVILLE, NC • FREDERICKSBURG, VA GREENVILLE, SC • HICKORY, NC • RALEIGH, NC • ROANOKE, VA • STERLING, VA 'iIMGF IB81 If you have any questions/comments or require further information, please do not hesitate to contact us at (919) 828-3441. Respectfully submitted, FROEHLING & ROBERTSON, INC. Christopher J. Burkhardt Project Manager Mills Park Drive (E-22 Access Road) 2 Apri113, 2007 Cary, North Carolina F&R Project No. G66-273GE k FINDING OF NO SIGNIFICANT IMPACT AND ENVIRONMENTAL ASSESSMENT WAKE COUNTY -MILLS PARK ELEMENTARY Pursuant to the requirements of the North Carolina Environmental Policy Act (N.C.G.S. § 113A-1, et seq.), an environmental assessment (EA) has been prepared by Wake County for the construction of Mills Park Elementary School and a public park in Cary. The County is proposing to build a 3- story, 101,000 square foot building and associated roads, landscaping, parking, and athletic fields, which will impact approximately 20 acres of a 239 acre site. The remaining 186 acres will be utilized for the park. Impacts to topography and floodplains are not expected to be significant. Grading the site and the construction of temporary access roads will affect site soils. DENR-approved sediment and erosion control plans will be obtain prior to construction to limit excessive silt and sediment loadings to streams. Also, a stormwater plan for the site has been submitted to DWQ to prevent excessive runoff from the site; stormwater will not be discharge directly into surface waters. Wetland and stream impacts have been reduced by project planning and design; one wetland, one stream, and one unimportant channel will be crossed. Crossings will incorporate culverts to maintain the natural hydrology of the stream and prevent constriction of the floodway. 100-foot wide riparian buffers will be maintained along streams. All federal and state permits will be obtained prior to construction. Mitigation for jurisdictional impacts will be through payments to the Ecosystem Enhancement Program. Emissions from construction vehicles may result in minor localized air quality impacts. Frequent wetting of disturbed soils and prompt soil stabilization should minimize air .quality impacts. Open burning of construction debris is not proposed. Nuisance noise associated with project construction will be limited to daylight hours on normal workweek days. Approximately 9 acres will be cleared for construction, with efforts made to preserve older and larger trees. Also, grubbing will not be allowed under the tree canopy. While wildlife may be displaced during construction, it is anticipated that species will return once noise associated with construction is complete. The proposed project will not impact prime or unique agricultural lands; any public, scenic, recreational, or state park areas; or areas of archaeological or historical value. This project will not result in secondary and cumulative impacts. Based on the findings of the EA, the impact avoidance/mitigation measures contained therein, and reviewed by governmental agencies, the Division of Water Quality has concluded that the proposed project will not result in significant impacts to the environment. This EA and Finding of No Significant Impact (FONSI) are prerequisites for the issuance of Division of Water Quality permits necessary for the project's construction. An Environmental Impact Statement will not be prepared for this project. This FONSI completes the environmental review record, which is available for inspection at the State Clearinghouse. North Carolina Department of Environment and Natural Resources Division of Water Quality 18 May 2007 1- ~1 a . ~emm`~~ PROGRAAA April 16, 2007 Timothy Driscoll Wake County Public School System I SS 1 Rock Quarry Road Raleigh, NC 27610 Project: E-22 Elementary Access Road County: Wake This letter replaces one previously issued dated April 4, 2{107. The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment 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. 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 Certi~catiodCAMA permit within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the pernuts 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 authorizc;d 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 the impacts that may require compensatory mitigation are summarized in the following table. Cape Feaz 03030002 Stream (feet) Wetlands (acres) Buffer I (Sq. Ft.) Buffer II (Sq. Ft.) Cold Cool Warm Ri arian Non-Ri arian Coastal Marsh Impacts 0 0 2S9 0.491 0 0 0 0 Credits 0 0 S 18 1.0 0 0 0 0 Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. )f the regulatory agencies require mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional mitigation, the applicant will need to submit a mitigation. request to NCEEP for approval prior to permit issuance. The mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998. If you have any questions or need additional information, please contact Kelly Williams at (919) 716-1921. Sincerely, Wi D. Gilmore, Director PE cc: Cyndi Karoly, Wetlands/40l Unit Jamie Shern, USACE-Raleigh Cynthia Van Der Weile, DWQ-Raleigh Christopher Burkhardt, agent File _ Res~toYU-c9... t;ctir2~ OccY Stutz ... PYD North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 819-715-0476 / www.nceep.net