HomeMy WebLinkAbout20130942 Ver 1_401 Application_20130813201 30942
August 30, 2013
U.S. Army Corps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Attention: Mr. David Shaeffer
North Carolina Division of Water Resources
Webscape Unit
1650 Mail Service Center
Raleigh, North Carolina 27699 -1650
Attention: Ms. Karen Higgens
Reference: Application for Nationwide Permit No. 3
Bent Tree South Lake Spillway Improvements
Raleigh, North Carolina
S &ME Project No. 1054 -13 -159
Dear Mr. Shaeffer and Ms. Higgins:
Lg
AUG 3 0 2013
S &ME, Inc. (S &ME) is submitting this Pre - Construction Notification (PCN) for the
above - referenced project as application for a U.S. Army Corps of Engineers (USACE)
Nationwide Permit Number 3 (NWP 3) Verification and a North Carolina Department of
Environment and Natural Resources (NCDENR) Water Quality Certification 3883 (WQC
3883).
BACKGROUND INFORMATION
The purpose of the project is to perform maintenance activities to the existing pond
spillway located within the Bent Tree South residential subdivision in Raleigh, North
Carolina. Walter Cole of S &ME met Martin Richmond of the North Carolina Division of
Water Resources on -site on May 30, 2013 and David Shaeffer of USACE on -site on June
7, 2013 to review the proposed project. The location of the project area is depicted on the
Bayleaf N.C. USGS Topographic Map (Figure 1), the Wake County Soil Survey Map
(Figure 2), and the Color Aerial Map (Figure 3).
PROPOSED PROJECT IMPACT
The maintenance activities will include replacement of a degraded concrete emergency
spillway located at the northwest perimeter of the existing pond. A scour box is proposed
to be installed at the bottom of the spillway with an outlet pipe extending to a riprap
apron.
Nationwide Permit No. 3 Application SWE Project No. 1054 - 13-159
Bent Tree South Lake Spillway Improvements — Raleigh. North Carolina August 30, 2013
The proposed project will result in a permanent impact to approximately 50 linear feet of
intermittent stream channel. The impact is depicted on the Stream Impact Map included
in Appendix I. Site photographs are included in Appendix II. An agent authorization
form is included in Appendix III.
CLOSING
By copy of this correspondence and completed PCN, we are requesting your written
concurrence with this NWP No. 3 and WQC 3883 permit application. If we can provide
additional information or answer questions you may have, please feel free to contact us at
919.872.2660 or email Walter Cole at wcole @smeinc.com.
Sincerely,
S &ME
'�-' (Zee4'
Jason Volker, L.S.S.
Environmental Scientist
Attachments: $240 Check for NCDWQ Minor Water Quality Application Fee
Pre - Construction Notification (PCN);
Figure 1: USGS Topographic Map
Figure 2: Wake County Soil Survey Map
Figure 3: Color Aerial Map
Appendix I: Stream Impact Map
Appendix II: Site Photographs
Appendix III: Agent Authorization Form
2
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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre- Construction Notification C Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the
Corps:
®Section 404 Permit ❑Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: 3 or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps?
® Yes
❑ No
1d. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
le. Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification:
® Yes ❑ No
For the record only for Corps Permit:
❑ Yes ® No
1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program.
❑ Yes
® No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
® Yes
❑ No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2. Project Information
2a. Name of project:
Bent Tree South Lake Spillway Improvements
2b. County:
Wake
2c. Nearest municipality / town:
Raleigh
2d. Subdivision name:
Bent Tree South
2e. NCDOT only, T.I.P. or state
project no:
3. Owner Information
3a. Name(s) on Recorded Deed:
Bent Tree South Homeowners Association Inc
3b. Deed Book and Page No.
05946/0749
3c. Responsible Party (for LLC if
applicable):
James P. Laurie III, President Go HRW/Tara Brandon, Property Manager
3d. Street address:
4700 Homewood Court, Suite 380
3e. City, state, zip:
Raleigh, NC 27609
3f. Telephone no.:
3g. Fax no.:
3h. Email address:
tbrandon@hrw.net
Page 1 of 11
PCN Form — Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is:
❑ Agent ❑ Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name:
Jason Volker
5b. Business name
(if applicable):
SBME, Inc.
5c. Street address:
3201 Spring Forest Road
5d. City, state, zip:
Raleigh, NC 27616
5e. Telephone no.:
919 - 880 -3137
5f. Fax no.:
919 -876 -3958
5g. Email address:
jvolker@smeinc.com
Page 2 of 11
PCN Form — Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
PIN: 1708924217
1b. Site coordinates (in decimal degrees):
Latitude: 35.9001 Longitude: - 78.6310
(DD.DDDDDD) (- DD.DDDDDD)
1c. Property size:
12.15 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
Honeycutt Creek
proposed project:
2b. Water Quality Classification of nearest receiving water:
WS- IV,NSW
2c. River basin:
Neuse River
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The site is located approximately 350 feet south of Interstate 540 East at the northern side of a residential subdivision.
The site area is wooded.
3b. List the total estimated acreage of all existing wetlands on the property:
Unknown
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
1,400 feet.
3d. Explain the purpose of the proposed project:
The purpose of the project is to perform maintenance on a degraded pond emergency spillway.
3e. Describe the overall project in detail, including the type of equipment to be used:
An existing concrete emergency spillway at the northwest perimeter of the pond is proposed to be replaced. A scour box
is proposed to be installed at the bottom of the spillway with an outlet pipe extending to a riprap apron. Approximately 50
linear feet of stream channel would be impacted. The water level in the stormwater pond will be lowered to allow
construction. Construction would be performed by standard commercial construction equipment.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
❑ Yes ® No ❑ Unknown
project (including all prior phases) in the past?
Comments:
4b. If the Corps made the jurisdictional determination, what type
El Preliminary Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas?
Agency /Consultant Company:
Name (if known):
Other.
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
5. Project History
5a. Have permits or certifications been requested or obtained for
Yes No Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
Page 3 of 11
PCN Form — Version 1.3 December 10, 2008 Version
S. Future Project Plans
6a. Is this a phased project? ❑ Yes ® No
6b. If yes, explain.
Page 4 of 11
PCN Form —Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑ Wetlands ® Streams - tributaries ❑ Buffers
❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
2b.
2c.
2d.
2e.
2f.
Wetland impact
Type of jurisdiction
number —
Type of impact
Type of wetland
Forested
(Corps - 404, 10
Area of impact
Permanent (P) or
(if known)
DWQ — non -404, other)
(acres)
Tem ora
W1 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W2 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W3 ❑ P [IT
❑ Yes
❑ Corps
❑ No
❑ DWQ
W4 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W5 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W6 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g. Total wetland impacts
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
3b.
3c.
3d.
3e.
3f.
3g.
Stream impact
Type of impact
Stream name
Perennial
Type of jurisdiction
Average
Impact
number -
(PER) or
(Corps - 404, 10
stream
length
Permanent (P) or
intermittent
DWQ — non -404,
width
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
S1 ®P [IT
Fill
UT
❑ PER
® INT
® Corps
❑ DWQ
7.5
50
S2 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S3 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S4 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S5 ❑ P [IT
❑ PER
❑ Corps
❑ INT
❑ DWQ
S6 El [--] T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h. Total stream and tributary impacts
50
3i. Comments:
Page 5 of 11
PCN Form — Version 1.3 December 10, 2008 Version
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
4b.
4c.
4d.
4e.
Open water
Name of waterbody
impact number —
(if applicable)
Type of impact
Waterbody type
Area of impact (acres)
Permanent (P) or
Temporary
01 ❑P ❑T
02 ❑P ❑T
03 ❑P ❑T
04 ❑P ❑T
4E Total open water impacts
4g. Comments:
S. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a.
5b.
5c.
5d.
5e.
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
Pond ID
Proposed use or purpose
(acres)
number
of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
S. Buffer Impacts (for DWO)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
sa.
[I Tar-Pamlico El Other:
Project is in which protected basin?
❑Randleman
6b.
6c.
6d.
6f.
6g.
Buffer impact
Eft.
number—
Reason
Zone 1 impact
Zone 2 impact
Permanent (P) or
for
Stream name
(square feet)
(square feet)
Tem ora
im act
61 ❑P ❑T
❑ No
B2 ❑ P ❑ T
❑ Yes
❑ No
B3 ❑P [IT
❑Yes
❑ No
6h. Total buffer impacts
61. Comments:
Page 6 of 11
PCN Form —Version 1.3 December 10, 2008 Version
D. Impact Justification and Mitigation
I. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The site will be accessed via the nearby residential driveway (8712 Carriage Tour Ln) just west of the spillway. The pond level
will be lowered to allow for construction, which will be performed during dry conditions. Appropriate sediment and erosion
control practices equaling those outlined in the most recent version of the "North Carolina Sediment and Erosion Control
Planning and Design Manual" will be used to ensure the adjacent area will not be impacted.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Speck attention will be paid to accessing the site to minimize temporary ground disturbance. No materials will be stored
within fioodplain or wetland areas. All necessary measures will be taken to prevent direct contact between uncured concrete
and surface water.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
❑ Yes ® No
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c. If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
❑ Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type
Quantity
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
❑ warm ❑ cool ❑cold
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non - riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 7 of 11
PCN Form — Version 1.3 December 10, 2008 Version
S. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
❑ Yes ® No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 8 of 11
PCN Form — Version 1.3 December 10, 2008 Version
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
❑Yes No
®
Comments: NA
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project?
NA %
2b. Does this project require a Stormwater Management Plan?
❑ Yes ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Does not meet threshold.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
❑ Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan?
❑ DWQ Stormwater Program
❑ DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?
❑ Phase II
3b. Which of the following locally- implemented stormwater management programs
❑ NSW
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
4. DWQ Stormwater Program Review
❑ Coastal counties
4a. Which of the following state - implemented stormwater management programs apply
❑ HOW
❑ ORW
(check all that apply):
❑ Session Law 2006 -246
❑ Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached?
❑ Yes ❑ No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b. Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 9 of 11
PCN Form — Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes ® No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.)
❑ Yes ❑ No
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑ Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after - the -fact permit application?
❑ Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
C3 Yes No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
This project is for maintenance of an existing emergency spillway only.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non - discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
NA
Page 10 of 11
PCN Form —Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
❑ Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
® Yes ❑ No
impacts?
® Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
❑ Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
The USFWS website: http:// www. fws. gov/ raleigh /species/cntylisttwake.htmi, Natural Heritage Program's GIS data of
Elemental Occurrences and Significant Natural Heritage Areas (July 2013) for the project area downloaded from the
North Carolina Center for Geographic Information and Analysis website, NC OneMap.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
The NOAA Habitat Conservation Division website: http://www.nero.noaa.gov /hcd/
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
Review of historic properties on the North Carolina State Historic Preservation Office Geographic Information Systems
(GIS) Virtual Workroom (http: / /gis.ncdcr.gov/hpowebn did not reveal any historic properties in the project area.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA- designated 100 -year floodplain?
❑ Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? FIRM map panel no. 1708, Wake Co. IMAPS
Jason Volker
8/30/13
Applicant/Agent's Printed Name
Applicant(Agent's Signature
Date
(Agent's si natu is valid only if an authorization letter from the applicant
is provided.)
Page 11 of 11
PCN Form — Version 1.3 December 10, 2008 Version
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DATE *S&ME USDA -NRCS SOIL SURVEY MAP
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WWW.SMEINC.COM BENT TREE SOUTH LAKE SPILLWAY REPAIR
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HagerSmith
DESIGN PA
Architecture
Landscape Architecture
Planning
Interior Design
PO Box 1308
300 South Dawson Street
Raleigh, North Carolina 27602
Fax: 919.828.4050
979.821.55470 Copyright 2013
CIVIL ENGINEERING
CMS Engineering
743 W. Johnson St.
Suite C
Raleigh, NC 27603
919- 833 -0830
�J, �
BENT TREE SOUTH
SPILLWAY
MAINTENANCE
BENT TREE SOUTH
HOMEOWNERS
ASSOCIATION
Bent Tree South Stormwater Spillway Maintenance
��
8600 Carriage Tour Lane, Raleigh, NC
Project: 1054 -13 -159 3201 Spring Forest Road
Raleigh, NC 27616
r .
AGENT AUTHORIZATION FORM
Date: 064-2013
Project information
S&ME Project Name: Bent Tree South Lake Spillway Improvements
Type of Project: Dam Maintenance
Location: 8600 Carriage Tour Lane in the Bent Thee South Subdivision in
Raleigh, Wake County, North Carolina
Property OwnerMepresentative Information
Business Name: Bent Tree South Homeowners Association
Mailing Address: c/o HRW Attn: Tara Brandon 4700 Homewood Court, Suite 380
City, State, Zip Code: Raleigh, NC 27609
Telephone No. Email: tbandon @hrw.net
Contact: James P. Laurie III; President
Agent Information
Business Name:
Street Address:
City, State, Zip Code:
Telephone No.
Contact:
3201 Spring Forest Road
Raleigh; NC 27616
919- 872 -2660
Mr. Walter Cole
i a
' kr1/.2&V_�LAF1 A*f/Jft,r 4 rrwl ^[[h � .
authorize
(Name of Landowner or Representative)
S&ME to act as agent with the USCAE in connection with the
above- mentioned project.