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HomeMy WebLinkAbout20121052 Ver 1_Other Agency Comments_20121214i0� -IUS 'D- U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id SAW- 2012 -01927 County Wake U S G S Quad NC- RALEIGH WEST GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner: City of Raleigh c/o Carl Dawson Address: PO Box 590 Public Works Department Raleigh, North Carolina, 27602 Arent: Ward Consulting Engineers, P.C. c/o Becky Ward Address: 8368 Six Forks Road, Suite 104 Raleigh, North Carolina, 27615 Size and location of property (water body, road name /number, town, etc ) The subject property contains 3.5 acres of land and is located 150 feet north of the intersection of Lakestone Drive and Stratford Drive in Raleigh, Wake County, North Carolina. Latitude 35.8345 Longitude - 78.6483 Description of projects area and activity Discharge of fill material into 50 lineal feet of stream to facilitate the replacement of an existing stormwater pipe and the stabilization of a stream bank at the stormwater pipe outfall. Applicable Law ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization Nationwide Permit Number 13 SEE ATTACHED NATIONWIDE AND SPECIAL CONDITIONS. Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed conditions, your application dated November 8, 2012, and the enclosed plans dated May 9, 2012. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and /or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i e, are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification You should contact the NC Division of Water Quality (telephone 919 -807 -6300) to determine Section 401 requirements This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals /permits If there are any questions regarding this verification, any of the conditions`of the Permit, or the Corps of Engineers regulatory program, please contact David L. Shaeffer at (919) 554 -4884 ext. 31 �. So-DSDrmment °aD°Da...a Corps Regulatory Official IYIP Date 12/13/2012 Darr 3°1212I,PI139 U Expiration Date of Verification: 12/13/2014 The Wilmington District is committed to providing the highest level of support to the public To help us ensure we continue to do so, please complete the attached customer Satisfaction Survey Copy Furnished Ian McMillan, NCDWQ -- (� 4 1012 �� QENR - WA7EH ' sue..,, .. cau�lry Determination of Jurisdiction: A. ® Based on preliminary information, there appear to be waters of the US including wetlands within the above described protect area This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 33 1) B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification C. ❑ There are waters of the US and /or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344) Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action Please reference jurisdictional determination issued Action ID Basis For Determination Based upon the preliminary information submitted by the applicant, the project area appears to contain a stream that is relatively permanent and which flows to a traditionally navigable water. Remarks See the enclosed Preliminary Jurisdictional Determination dated December 13, 2012. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Actjurisdiction for the particular site identified in this request The del ineation/determmation may not be valid for the wetland conservation provisions of the Food Security Act of 1985 If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work F. Appeals Information (This information applies only to approved ,jurisdictional determinations as indicated in B and C above). This correspondence constitutes an approved, jurisdictional determination for the above described site If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331 Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form If you request to appeal this determination you must submit a completed RFA form to the following address US Army Corps of Engineers South Atlantic Division Attn Jason Steele, Review Officer 60 Forsyth Street SW, Room l OM15 Atlanta, Georgia 30303 -8801 Phone (404) 562 -5137 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 3315, and that it has been received by the Division Office within 60 days of the date of the NAP Should you decide to submit an RFA form, it must be received at the above address by * *It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence ** Digitally signed by SHAEFFERDAMIEIGH 1260750573 Dft �' / —S=US, o=U S Go LEIGH 12 075DOD ou =PKl ou =1150. Corps Regulatory Official �i�i( SHAEFFENDAV DLEIGH 1260750573 /V Date 201 2 12 13 10-37 46 0500' Date 12/13/2012 Action ID Number: SAW- 2012 -01927 County: Wake Permittee: City of Raleigh Date Permit Issued: 12/13/2012 Project Manager: David L. Shaeffer Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: David L. Shaeffer Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. If you fail to comply with this permit you are subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date 9 May 2012 HAMLIN, WILLIAM F JR �� ELEV �7 4 520 LAKESTONE EXISTING, 15" RC xpp E } SAW- 2012 -1927 1705397030 TO REMAIN\ � � \ j LASS it RIPRAP CD 9 6 F1IiQP4S RC ®_409 — 1 ROCK TO D C N ��5 ® �Ox� rPOP a Ck 1 PROPOSED BASELINE TREE TO BE �pp� PR ER I, OR l6 »9FiQUNO _ 16_0 AK TRF,oE 'ROOTTSS�\ _ � ' t \ �! ROPOSED UNCT10 s B 4 \\ \ OX B3 ST 0 04 �jyc �\ \ � APPROXIt HAMLIN„ WILLIAM p CTRIC NOV t 3 2012 .EIGH W-GULA CORY C VINCINITY MAP LEV =77 42__ _ _ 7(I 0 `� \ 520 LAKESTONE `� 9 ,- RELOCATE AS NECESSARY FOR PIPE AND _ �A� I ® \ \ . \\ PjN '1705397030 / �y \ DRIVEWAY CONSTRUCTION = MRiNfi p NIMU 1 9 co - CHANNEL i7 M--FR M 1 PROPOSED 24" FES \ \ RROPOSED 1 j�4 �; e9 \? PROPOSED -PIPE T, T EXISTING ' 19r y�� _ �\ \ \'x k \` 24° RCP ID b + + DROP INLET 85 S_TRE`AM_ELEV%1fIZN j ass i `o `� ��0 \ TREE�'TO BE \ ^ �o STD 30.03 SEE'TYP -CRO$ i / ® es \\ <F– r� ® \ \ ' REMOVED \ lil w i REMOVE// LF OF � ,-- CTION"= B OW) m i EXISTING 18 RCP % 10 Oda 9q� x6� ABANDON fN PLACE I B \ \ �� \ O y AND ,GROUT 24;1.F OF , "'+ l \ \` \ m U �m W m� C7 °" m _z N5 WU o z� mr CO >o zi O i ` y \ 79 ' , 1 % *•� *' �� \'Q �G 1 BOA 9s >J\ 9s G / �XISTIN� I ENCE " j _Z f$EMOVE 24 Lfr OF +� PLANTER O x MOVE STING CURB J XISTING 18 "IRCP +�+ k 1p �X \ � i i- ;� / iz) cc ` +` PROP D CURB z g U ANDNGOU T IN 56�LF OF \F \� ti CONSTRU D AROUND 4 F- d 6� _ EXISTIO 18" RCP �� \ PROP ROP INLET W O DIMENSIONS O LEGEND EXISTING STORM DRAINAGE PIPE Y 1- PROPOSED STORM DRAINAGE PIPE EWAY AND R LACE TO 9� ; \ PROPOSED G ES —TEMPORARY CONSTRUCTION EASEMENT ROPOSED 46 LF / — — PROPERTY LINE Z — w — EXISTING WATER LINE ..a• " " "' CA — ws — EXISTING GAS LINE — — EXISTING UNDERGROUND ELECTRIC LINE ,� �R�H , ,ES81 -- EXISTING EASEMENT o /A TREE TO BE REMOVED £ 13344 INFRASTRUCTURE TO BE REMOVED = F, �e G� PAVEMENT TO BE REMOVED /REPLACED ° OR RESURFACED ylryNryE� SURVEY CONTROL POINT OX 84 —A STD 300 IMPACT LOCATIONS \ ®STREAM BUFFER IMPACT LOCATIONS 0� LL' R OVE ISTING PHALT �"� O g8 ( IVEWAY DETAIL) Y 1- Z EWAY AND R LACE TO 9� ; \ PROPOSED G ES ROPOSED 46 LF / U x Z R V L F L" � r,� /j OF 15" RCP ?x d- x O EXISTING', 18 R REMOV EXISTING — / ® 3.8% pp N F- LO U) LU HOUSE JUNCTION BOX �� i , *s0 ,�P 2 /� ELEV =100 00 0 Z Z O —I OX 84 —A STD 300 \ REMOVE AND REPLACE �J Q U 0� LL' PROPOSED 18 i EXISTING CURB INLET 84 O N O OF 24 C ®5.89e / STD 30.01 NOTES- U } I— REMOVE 15 / EXISTING 18 tv 1 U LOCATIONS APPROXIMATE CONTRACTOR ERIFY PRIOR U REMOVE AND REPLACE �\J / TO CONSTRUCTION — BASELINE ^� a wr zo,z a EXISTING CURB STD 20 21 A �\� GAS LINE CONFLICT NOT ANTICIPATED HOWEVER CONTRACTOR TO LOCATE LINES AS ADJUSTMENTS Rk;�m�ccoE `® RCP 31 a j 5 TO THE STORM DRAINAGE DEPTH MAY BE REQUIRED ,�. TO REMAIN % �,' TO AVOID A FIELD CONFLICT nawcuo" Flan ILLAIM C JR & MELANDIE H �� 20 10 0 20 40 524 LAKESTONE �' x._20, PIN 1705481885 � SCALE 1 " =20' 'Sheet 1 of 3 2 LF 6�F , HAMLIN,�LIAM F JR //\ \Zv 520 TONE L^ \ I PIN 17 3t�7030 r ZONE B 0 \ 'PONE B ZONE B 4. 9 +` i , +1+ ® 40 + 6go �B \ f A \ d� \ ®u'P 40 PIN 1705481885 �4� 1 ZNEB H PLANTED WITH A COMBINATION OF THE FOLLOWING SMALL Vr TREES /SHRUBS (ROOTED PLANT PLUGS- 12 -18" IN HEIGHT) TOTAL = 180 PLANTS (3' ON CENTER SPACING) y� STREAMBANK �•` CARPINUS CAROLtNrANA IRONWOOD — (45 PLANTS) CORNUSAMOMUM — SILKY DOGWOOD (45 PLANTS) ILEYVER77CILLATA — WINTERBERRY (45 PLANTS) 7M ALNUSSERRULATA — TAG ALDER (45 PLANTS) AW PLANTING ZONE B (WITHIN BUFFER ZONE 1 AND 2 ONLY) 15 TREES TO BE PLANTED WITH A COMBINATION OF THE FOLLOWING (20- ON CENTER SPACING) (CONTAINER W Z PLANTS 1 GAL) � O BETULA NIGRA — RIVER BIRCH (5 PLANTS) 0 Ir FRAxINUS PENNSYLVANICA — GREEN ASH (5 PLANTS) W U ACERFLORIDANUM— SOUTHERN SUGAR MAPLE (5 PLANTS) Z Z <' 2 CONTRACTOR TO REPLANT DISTURBED AREA IN ZONE 8 0 g F OUTSIDE OF BUFFER ZONES 1 AND 2 TO MATCH EXISTING Cn p„ � GRASS ON SITE (NO TREES OR SHRUBS REQUIRED) OR W Q PROVIDE PINESTRAW MULCH IN NATURAL AREAS Y C3 Z 3 PLANTING STOCK TO BE GROWN BY NURSERIES WITHIN g Z THE SAME PHYSIOGRAPHIC REGION(PIEDMONT) AND WITHIN H = 200 MILES OF THE PROJECT SITE d' Z 0 4 FERTILIZER RECOMMENDATIONS LC\I lJ.l LIME J¢ TON /AC J PHOSPHATE 20 -40 LBS /AC 0 d POTASH 50 -70 LBS /AC Z i WATERING REQUIREMENTS ONCE /WEEK IF NO RAIN Q Lt_ O O DISTURBED AREA= 9,957 SF= 023 AC � U Scientific Name Common Name Percent Elymus vuginicus Virginia wild ry e 20 Panicum vlrgatum Switch grass 20 Agrostis stolonifera Creeping bentgrass 20 Juncus etTsus Soft rush 5 Panicum clandestinum Deer tongue 5 Schizachyrwm scopanum Little bluestem 5 Sorgastrum nutans Indian grass 10 Polygonum pensylvanicum Penn Smartweed 5 Coreopsls lanceolata Coreopsls 10 Temporary Seed Mix for all Disturbed Areas Grass Type Time of Year to Plant Planting Rate (Ibs /acre) Rye Grain August 15 -May 1 15 Brown- topmlllet May 1 - August 15 15 9 May 2012 20 10 0 20 40 SAW - 2012 -1927 9 MAY 2012 /DWG NAME tons Dr1w Sheet 2 of 3 U Nw LAp manentRlpanan Seed MIX Zone A & B (ButPerOnly) m 8 llc atfon Rate = 35 [be per Acre Total Ibs = 4lbs (x m w w Revised Seed mix Automotive Way w m m W V q m .Z- z 2 2 �N D ! !1 x z O 1 PLANTING ZONE A STREAM BANK AND BUFFER TO BE e 20 Panicum vlrgatum Switch grass 20 Agrostis stolonifera Creeping bentgrass 20 Juncus etTsus Soft rush 5 Panicum clandestinum Deer tongue 5 Schizachyrwm scopanum Little bluestem 5 Sorgastrum nutans Indian grass 10 Polygonum pensylvanicum Penn Smartweed 5 Coreopsls lanceolata Coreopsls 10 Temporary Seed Mix for all Disturbed Areas Grass Type Time of Year to Plant Planting Rate (Ibs /acre) Rye Grain August 15 -May 1 15 Brown- topmlllet May 1 - August 15 15 9 May 2012 20 10 0 20 40 SAW - 2012 -1927 9 MAY 2012 /DWG NAME tons Dr1w Sheet 2 of 3 Temporary Seed Mix for all Disturbed Areas Grass Type Time of Year to Plant Planting Rate (Ibs /acre) Rye Grain August 15 -May 1 15 Brown- topmlllet May 1 - August 15 15 9 May 2012 20 10 0 20 40 SAW - 2012 -1927 9 MAY 2012 /DWG NAME tons Dr1w Sheet 2 of 3 9 May 2012 20 10 0 20 40 SAW - 2012 -1927 9 MAY 2012 /DWG NAME tons Dr1w Sheet 2 of 3 9 May 2012 SAW- 2012 -1927 2' (M ROCK TOE PROTECTION SCALE: NOT TO SCALE Sheet 1 of 3 CA Ro v0 /��"EE I(�•�9 � � S AL 13344 MUNN w 520 AND 524 LAKESTONE DRIVE �r.. ►��r�►.�I��Al►��'��1►�1c DETAILS CITY OF RALEIGH,NORTH CAROLINA 0 Ewa 421 "d WARD CONSULTING ENGINEERS, PC 8388 Biz Forks Rd. Suite 104 (919) 870 -0528 Raleigh, NC 27815 -5083 FAX (919) 870 -5359 PRELIMINARY JURISDICTIONAL DETERMINATION FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD)- December 13, 2012 B NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD. Becky Ward, 8368 Six Forks Road, Suite 104, NC, 27615 -5083. C. DISTRICT OFFICE, FILE NAME, AND NUMBER. Wilmington District, Raleigh Field Office, City of Raleigh, Crabtree Creek, Stormwater Improvements, SAW- 2012 -01927 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION- (USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES) State NC County/parish/borough Wake City Raleigh Center coordinates of site (lat/long in degree decimal format) Lat 35 8345° N, Long -78 6483° W Universal Transverse Mercator NAD83 Name of nearest water body Crabtree Creek Identify (estimate) amount of waters in the review area Non - wetland waters 50 linear feet 3 -6 width (ft) and/or acres Cowardm Class Riverme Stream Flow Intermittent Wetlands none acres Cowardm Class Name of any water bodies on the site that have been identified as Section 10 waters Tidal none Non -Tidal none E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLIES) ® Office (Desk) Determination Date 12/13/2012 ❑ Field Determination Date(s) 1 The Corps of Engineers believes that there maybe Jurisdictional waters of the United States on the subject site, and the permit applicant or other affected party who requested this preliminary JD is hereby advised of his or her option to request and obtain an approved Jurisdictional determination (JD) for that site Nevertheless, the permit applicant or other person who requested this preliminary JD has declined to exercise the option to obtain an approved JD in this instance and at this time 2 In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non - reporting NWP or other general permit, and the permit applicant has not requested an approved JD for the activity, the permit applicant is hereby made aware of the following (1) the permit applicant has elected to seek a permit authorization based on a preliminary JD, which does not make an official determination of Jurisdictional waters, (2) that the applicant has the option to request an approved JD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an approved JD could possibly result in less compensatory mitigation being required or different special conditions, (3) that the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization, (4) that the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary, (5) that undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes the applicant's acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is practicable, (6) accepting a permit authorization (e g , signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a preliminary JD constitutes agreement that all wetlands and other water bodies on the site affected in any way by that activity are jurisdictional waters of the United States, and precludes any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court, and (7) whether the applicant elects to use either an approved JD or a preliminary JD, that JD will be processed as soon as is practicable Further, an approved JD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C F R Part 331, and that in any administrative appeal, jurisdictional issues can be raised (see 33 C F R 331 5(a)(2)) If, during that administrative appeal, it becomes necessary to make an official determination whether CWA jurisdiction exists over a site, or to provide an official delineation of jurisdictional waters on the site, the Corps will provide an approved JD to accomplish that result, as soon as is practicable This preliminary JD finds that there "may be" waters of the United States on the subject project site, and identifies all aquatic features on the site that could be affected by the proposed activity, based on the following information SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply - checked items should be included in case file and, where checked and requested, appropriately reference sources below) ® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant Project Drawings Sheets 1 -3 dated 9 May 2012 ❑ Data sheets prepared/submitted by or on behalf of the applicant/consultant ❑ Office concurs with data sheets /delineation report ❑ Office does not concur with data sheets /delineation report ❑ Data sheets prepared by the Corps ❑ Corps navigable waters' study ❑ U S Geological Survey Hydrologic Atlas ❑ USGS NHD data ❑ USGS 8 and 12 digit HUC maps ® U S Geological Survey map(s) Cite scale & quad name USGS Maps from Google Earth Earthpomt us layer ❑ USDA Natural Resources Conservation Service Soil Survey Citation ❑ National wetlands inventory map(s) Cite name ❑ State/Local wetland inventory map(s) ❑ FEMA/FIRM maps ❑ 100 -year Floodplain Elevation is (National Geodetic Vertical Datum of 1929) ® Photographs ❑ Aerial (Name & Date) or ® Other (Name & Date) Photo log submitted by applicant - stamp date 13 Novemeber 2012 ❑ Previous determination(s) File no and date of response letter ❑ Other information (please specify) IMPORTANT NOTE- The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later iurisdictional determinations. 0Ig1W1yVg..dby SHAEFFE0.DPVID LEIGH IMO)505)3 /� DN PM S, o= U SA nt Ou =Pq S Gwamen —DOD wSHn FMDRND1EIGH 1160)505)3 Date 2012 11 130 IU3 -0S W Signature and date of Regulatory Project Manager (REQUIRED) Signature and date of person requesting preliminary JD (REQUIRED, unless obtaining the signature is Impracticable) SAMPLP. Site number Latitude Longitude Cowardm Class Estimated amount of aquatic resource in review area Class of aquatic resource 1 0 1 acre section 10 —tidal 2 100 linear feet section 10 — non -tidal 3 15 square feet non - section 10 — wetland 4 0 01 acre non - section 10 — non - wetland