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HomeMy WebLinkAbout20060961 Ver 1_More Info Received_20060706WITHERS (~' RAVENEL ENGINEERS I PLANNERS I SURVEYORS July 3, 2006 NC-Division of Water Quality Attn: Ms. Cyndi Karoly 2321 Crabtree Blvd. Raleigh, North Carolina 27604 Re: Request for Additional information - 40NVade W&R Project #: 204467 DWQ Project #: 06-09.61 Dear Ms. Karoly, ~. ~.;, i We received your request for additional information on June 20, 2006 regarding the 40/Wade Project. I have included a brief response to each of your requests below. We have also provided the details for the diffuse flow measures utilized on-site. Your letter asks for the following information: 1) Please indicate the diffuse flow provision measures on the site plan. Also include associated worksheets and O and M agreements for your diffuse flow measures. We have included the level spreader details and associated worksheets with the attachments. Due to the slopes, we are providing two level spreaders in series to insure that the stormwater enters the buffers afnnn-erosive velocity. 2) The pedestrian crossing labeled as 'F' on the plans does not appear to be necessary. Please eliminate this crossing or provide additional information as to why it is necessary for this project. Below is the response provided by the project manager. In order to comply with the Pedestrian circulation plan, as approved by the City of Raleigh, and in an effort to facilitate more healthful living .through the encouragement of pedestrian connectivity within the project, the proposed crossing has been identified as a requirement of the PDD Master Plan for this project (see attached plan). In an effort to minimize disturbance to the riparian buffer, the proposed crossing was located based on the findings of a tree survey performed by Monroe Timberland Consultants. Specifically, the proposed crossing is sited within an area That does not the City of Raleigh qualifications fora Tree Conservation Area. Additionally, the crossing is intended to be afoot-bridge, which will avoid direct impacts to the stream itself and the clearing will be limited to the minimum amount required for the installation of the pedestrian trail and foot-bridge. 3) Please provide a copy of the EEP acceptance letter. The EEP acceptance letter is included with the attachments. Please feel free to call if you have questions or require additional information. Sincerely, WITHERS ~RAVENEL, INC. 1~---~-' Todd Preuninger Director of Wetlands and Biological Sciences ~~~~oe~~ JUL 0 6 2006 DENR • WATER DUALITY ~'~ETIANDS MID STQRI,~MRTER BRANCH iii MacKenan Drive i Cary, North Carolina z75ii i tel: 9i9.469.334o i fax: 919.467.6008 i www.withersraveneLcom 7040 Wrightsville Ave i Suite ioi i Wilmington, North Carolina z84o3 i tel: 9io.z56.9z77 i fax: 9io.z56.z584 • Page 2 Attachments: 1) Level Spreader details and worksheets. 2) EEP acceptance letter 3) O and M agreement 4) Greenway master plan July 5, 2006 ~--y m :~t ` ~:%s 9 1 PRESTON 40/WADE LEVEL SPREADER ~a FES#300 W~THERB ~ RAVENEL 1M01RttRt I -IARRtR! 1 IYRVtrOR! APEX WAKE COUNTY NORTH CAROLINA ~,,, amp rvmn ~ ~o m.: ri a UFFER IMPACT ®ROAD CROSSING ~ ~~ .A. ~ BUFFER ZONE 1 LOGTON SEA ~~ GRAPHIC SCALE STREAM 730 252 BUFFER ZONE 2 ioo o so ioo zoo ZONE 1 15,785 -- ZONE 2 11,316 -- ~~ STREAM 1 inch = 100 h. Michael F. Easley, Governor William G, Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P,E. Director Division of Water Quality June 20, 2006 DWQ Project # 06-0961 Wake County CERTIFIED MAIL: RETURN RECEIPT REQUESTED Wexford Developers, LLC Attn: Julian Raul ~ 100 Weston Estates Way ~~~°~ Cary, NC 27513 ~/~,,~ ~U,y ' ~` ~. ~~~ Subject Property: 40/Wade ~~~~~ ?Opp UT to Richlands Creek _ `' ~~~~ REQUEST FOR MORE INFORMATION ~~' Dear Mr. Raul: On June 12, 2006, the Division of Water Quality (DWQ) received your application dated June 12, 2006 to impact 0.032 acres of wetlands, 314 linear feet of streams, 37,904 square feet (ft2) of Zone 1 protected riparian buffers and 26,470 square feet (ft2) of Zone 2 protected riparian buffers to construct the proposed housing development and mixed use development. The DWQ has determined that your application was incomplete and/or provided inaccurate information as discussed below. The DWQ will require additional information in order to process your application to impact protected wetlands and/or streams on the subject property. Therefore, unless we receive the additional information requested below, we will have to move toward denial of your application as required by 15A NCAC 2H .0506 and will place this project on hold as incomplete until we receive this additional information. Please provide the following information so that we may continue to review your project. Additional Information Requested: 1. Plan Details Please indicate the diffuse flow provision measures on the site plan. Also include associated worksheets and operation and maintenance agreements for your diffuse flow measures. 2. Impact Justification (Avoidance and Minimization) The pedestrian crossing labeled as "F" on the plans does not appear to be necessary. Please eliminate the pedestrian crossing or provide additional information as to why it is necessary for this project. 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 /FAX 919-733-6893 /Internet: http://h2o enr.state.nc us/ncwetlands Noy` Carolina ~aturally An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Wexford Developers, LLC Page 2 of 2 June 20, 2006 3. Ecosystem Enhancement Program (EEP) Acceptance Letter You have provided a copy of your proposal to the EEP to use the EEP for stream and buffer mitigation. Please provide a copy of EEP's response to advise us if this is a valid option. Please contact the DWQ within three weeks of the date of this letter to verify that you have received this letter and that you remain interested in continuing to pursue permitting of your project and will be providing the DWQ th_e requested information at a later date. Please contact me in writing and Eric Kulz of the DWQ Raleigh Regional Office. If we do not hear from you within three weeks, we will assume that you no longer want to pursue this project and we will consider the project as withdrawn. This letter only addresses the application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware -that any impacts requested within your application are not authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. Ian McMillan at 919-733-1786 if you have any questions regarding or would like to set up a meeting to discuss this matter. - Sincerely, I~~ 1~ Cy di Karoly, Supervisor 401 Oversight/Express Review Permitting Unit CBKlbjs cc: Eric Kulz, D WQ Raleigh Regional Office USACE Raleigh Regulatory Field Office File Copy Central Files Todd Preuninger, Withers and Ravenel Inc., 117 Mackenan Drive, Cary, NC 27511 Filename: 5:2006 Correspoodeoce106-0961 Forty Wadc (Wake) On Hold.doc DWQ Project No. DIVISION OF WATER QUALITY -LEVEL SPREADER WORKSHEET I. PROJECT INFORMATION (please complete the following information): Project Name: Wade Contact Person: Todd Preuninger, Withers & Ravenel Phone Number: (919)469-3340 Level Spreader ID FES 300 Level Spreader Length Drainage Area Impervious Area Maximum Filter Strip/Buffer Slope 45 (x2) ft. 0.53 ac. 0.45 ac. 14 (perpendicular to flow) (on-site and off-site drainage to the level spreader) (on-site and off-site drainage to the level spreader) (6% for forested, leaf litter cover, 8% for thick ground cover or grass)' Maximum Discharge from a 10-year Storm 3.2 cfs Maximum Discharge to Level Spreader 3.2 cfs Filter Strip/Buffer Vegetation thick grass/ground cover (thick ground cover or grass, canopied forest with leaf litter ground cover)' Pre-Treatment or Bypass Method First Level Spreader at discharge elevation with second lust before Zone 1 of Buffer II. REQUIRED ITEMS CHECKLIST Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached. If a requirement has not been met, attach an explanation of why. At a minimum, a complete stormwater management plan submittal includes a worksheet for each BMP, design calculations, plans and specifications showing all BMPs and outlet structure details, a detailed drainage plan and a fully executed operation and maintenance agreement. An incomplete submittal package will result in a request for additional information and will substantially delay final review and approval of the project. Applicants Initials Level spreader is at least 13 ft. per cfs for thick ground cover or grass or 100 ft per cfs in canopied forest with leaf litter Pre-Form Scour Holes are on flat slopes only No structures are located in protected buffers* If bypass method specified in the Draft Level Spreader Design Option Document: Bypass method is specified (if applicable) and plan details and calculations are provided Discharge to level spreader and subsequent filter strip is hydraulically and spatially separate from the bypass discharge. No structures are located in protected buffers. Plan details for the bypass and outlets are provided. The operation and maintenance agreement includes annual erosion and vegetation repair. The operation and maintenance agreement signed and notarized by the responsible party is provided. * Level spreaders in series can be used on slopes of up to 15% in forested areas with leaf littler cover or on slopes of up to 25% in areas with thick ground cover or grass if designed according to the Draft Level Spreader Design Option Document. This potentially requires a minor variance in protected buffer areas. In any event the second level spreader cannot be located in Zone 1 of a protected buffer area. LEVEL SPREADER OPERATION AND MAINTENANCE AGREEMENT The level spreader is defined as an elongated, level threshold, designed to diffuse stormwater runoff. Maintenance activities shall be performed as follows: 1. After construction and until vegetation has been established, level spreader(s) shall be inspected after every rainfall. Thereafter, level spreader(s) shall be inspected at least every month and more frequently during the fall season and after heavy rainfall events: a. Accumulated sediment, leaves, and trash shall be removed, and repairs made if required. b. Inspect level spreader(s) for evidence of scour, undercutting, settlement of the structure, and concentrated flows downhill from the level spreader(s). c. .A level elevation shall be maintained across the entire flow-spreading structure at all times. Repair or replace the level spreader if it is damaged. d. Mow vegetative cover to a height of six (6) inches and prune plants if they cover over half of theievel spreader surface. e. Repair eroded areas and replace/replant dead or damaged vegetation. 2. The contractor should avoid the placement of any material on and prevent construction traffic across the structure. If the measure is damaged by construction traffic, it shall be repaired immediately. 3. Inspect and repair the collection system (e.g., catch basins, pipes, swales, riprap) four (4) times a year to maintain proper functioning. I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Print name: Tim Smith Wexford Developers, L.L.C. Title: Member /Manager Address: 100 Weston Estates Wav, Cary, NC 27513 Phc Sig Dat Not The legally responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named t e presid t. ~ .~- I, nx ~ 1 ~ Q , a Notary Public for the State of County of a , do hereby~rtify that Tim Smith personally appeared before me this o? day of ...) J-.-<... ,and acknowledge the due execution of the forgoing Level Spreader Maintenance Requirements. Witness my hand and official seal. ©o ~ 0 ~ ~~ ~ `~' 0 ~ ~t ~.,~ 6 9 ~ 6"~' L~9 h O c!P °~' Imo " ,i ~ ~ ~~~-Aa ~ QaQ~~ ~ SEAL 1 ~ ~!-ti'~v ~ ,~// ' -~ ~ (., ~.4.y.~ ...) C..ass ~-- 1 ' ~---z (--'208 My commission expires Page 1 of 1 cos~stem y. ~r ~ . ~, .... PROGRAM Todd Preuinger Withers & Ravenel 111 MacKenan Drive Cary, NC 27511 Project: Forty Wade June 16, 2006 County: Wake ~~~ f ~~~~ '~',, ~ moo ~~ ~~ ~~ The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) 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 NC EEP will be approved. This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the 404/401/CAMA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401 Certification an invoice will be issued and payment must be made. Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following table. River Basin Cataloging Unit Ri arian N Neuse 0.0315 03020201 Wetlands (Acres) arian Coastal Marsh 0 Stream (Linear Feet) Cold Cool 0 n Buffer Buffer Zone 1 Zone 2 (Sq. Ft.) (Sq. Ft.) Warm 252 27,570 20,339 Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts up to a 2:1 ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the compensatory mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or CAMA Permit. 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 Chris Mankoff at (919) 716-1921. incerely, :~ . ~i1 ~~~_ iam D. Gilmore, PE Director cc: Cyndi Karoly, Wetlands/401 Unit Monte Matthews, USACE -Raleigh Eric Kulz, DWQ Regional Office -Raleigh File ~Z.P~StOYGGt~... ~ ~ ... PYD t"EGtGGL9 DGGY .TtG{,t-~ ~~~ l~CDE~IR North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net ~1~11 ~i ~y /"1 a d W 0. W ~' l.~ r{h(} ~p O c~ J ~ ,~,~p~ ~ Uu1 J Q ~ ~ ( ~ ~~n~~' `ms ~ w`3 ~ , , s.." "- ~~ u _ ..o ~_':' r= -' ,•~ o ~, _ a - .:~ ~!r q ~j /, w ~;y ..~i U .i/i uj ~ C9; ~ • w: ~ ', ~ • ~ ~ ~ ~. ~ Y Y `A: 7 0 ~~ ~~~ i ,~-~ ~i M .~ N .-r r~-~ Q U R; U F fil A GW