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HomeMy WebLinkAbout20091109 Ver 2_401 Application_20131013�1 Consultants, 8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone: (919) 846 -5900 sandec.com To: US Army Corps of Engineers Raleigh Regulatory Field Office Attn: James Lastinger 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 From: Deborah Edwards Shirley Soil & Environmental Consultants, PA Re: Northside Loop & Juniper Road Re- alignment Wake Forest, Wake County, NC October 9, 2013 S &EC Project # 4715.P2 NC DWR, Transportation Permitting Unit Attn: Amy Chapman Archdale Building — 9`h Floor 512 North Salisbury Street Raleigh, NC 27604 ee 2 0 4--;- 1 1 0 9 On behalf of the applicant, Town of Wake Forest, NC (Attn: Eric Keravuori, Director of Engineering), please find attached a complete application and supplemental information requesting written concurrence from the U.S. Army Corps of Engineers (USACE) and the N.C. Division of Water Resources (DWR) that the activities proposed below may proceed under Nationwide Permit 14 and General Water Quality Certification 3886. Please contact me at (919) 846- 5900 if you have any questions or require additional information. PROJECT SUMMARY Project Name Northside Loop & Juniper Road Re-alignment Project Type Linear Transportation Project Owner / Applicant Town of Wake Forest County Wake Nearest Town Wake Forest Waterbody Name Hatters Branch aka Dunn Creek Basin / Sub -basin Neuse/03 -04 -02 Index Number 27 -234 Class C, NSW IMPACT SUMMARY Stream Impact (acres): 0.04 Wetland Impact (acres): 0 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0.04 Total Stream Impact (linear feet): 306 (NO single crossing > 135 LF) Attachments: Pre - construction Notification (PCN) Application Form Agent Authorization Form NRCS Soil Survey Map & USGS Topographic Map DWQ Buffer Determination letters (NBRRO 00 -157 & 09 -093) DWQ 1/P Determination letter (IPRRO 07 -033) 404 NWP Verification (SAW- 2009 - 02329) 401 Water Quality Certification Approval (DWQ Project No. 20091 109) Existing Conditions & Overall Site Plan (24x36 -DWQ; 11x17 - USACE) Impact Exhibits Diffuse Flow Plan & data CD $570 DWQ Application Fee V. Z O�0F W R A7- Q > i O T Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Page 1 of 12 PCN Form — Version 1.3 December 10, 2008 Version Pre - Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: ®Section 404 Permit El Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 14 or General Permit (GP) number: N/A 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 1 e. 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: Northside Loop & Juniper Road Re- alignment 2b. County: Wake 2c. Nearest municipality / town: Wake Forest 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: FN/A 3. Owner Information 3a. Name(s) on Recorded Deed: WS TWF Investments, LLC c% JPM South Development, LLC 3b. Deed Book and Page No. D.B. 14507, Pg. 398 3c. Responsible Party (for LLC if applicable): John P. Myers 3d. Street address: 9380 Falls of Neuse Road, Suite 203 3e. City, state, zip: Raleigh, NC 27615 3f. Telephone no.: 919- 633 -7656 3g. Fax no.: N/A 3h. Email address: N/A Page 1 of 12 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ® Other, specify: Municipality- please send correspondence to Agent and copy Owner and Applicant 4b. Name: Eric Keravuori, Director of Engineering 4c. Business name (if applicable): Town of Wake Forest 4d. Street address: 401 Elm Avenue 4e. City, state, zip: Wake Forest, NC 27587 4f. Telephone no.: 919 - 554 -6100 4g. Fax no.: N/A 4h. Email address: ekeravuori @wakeforestnc.gov 5. Agent/Consultant Information (if applicable) 5a. Name: Deborah E. Shirley 5b. Business name (if applicable): Soil & Environmental Consultants, PA 5c. Street address: 8412 Falls 5d. City, state, zip: Raleigh, NC 27614 5e. Telephone no.: 919 - 846 -5900 5f. Fax no.: 919 - 846 -9467 5g. Email address: DShirley @SandEC.com Page 2 of 12 B. Project Information and Prior Project History 1. Property Identification 1 a. Property identification no. (tax PIN or parcel ID): Parcel ID: 1851233454 1 b. Site coordinates (in decimal degrees): Latitude: 35.9853 Longitude: - 78.4870 (DD.DDDDDD) (- DD.DDDDDD) 1 c. Property size: Town Roads within ± 750 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Hatters Branch (a.k.a. Dunn Creek)(27 -23 -4) proposed project: 2b. Water Quality Classification of nearest receiving water: (C, NSW) 2c. River basin: Neuse 03- 04 -02; Hydrologic Unit Code 03020201 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 existing conditions on site are forested with some utility corridors and roads bisecting the property. The southern portion of Northside Loop (aka Traditions Grande Blvd) has been constructed. The general land use in the vicinity of the project is new residential to the west, south and southwest, however to the north and east it is a mix of forested, rural residential and agricultural. 3b. List the total estimated acreage of all existing wetlands on the property: Approximately 9.33 acres 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: Approximately 35,157 linear feet 3d. Explain the purpose of the proposed project: The purpose of the proposed project is to construct and widen roads per the Town of Wake Forest Transportation Plan. 3e. Describe the overall project in detail, including the type of equipment to be used: The overall project is proposing the construction of the Northside Loop/Traditions Grande Blvd (i.e. Gilcrest Farm Rd. Ext.) and the widening and re- alignment of Juniper Avenue. The proposed Northside Loop/Traditions Grande Blvd (i.e. Gilcrest Farm Rd. Ext.), will extend from its existing terminus, Hwy 98, north and then west connecting to N. White Street. The proposed widening and re- alignment of Juniper will connect to the proposed Northside Loop Road. Heavy equipment typically used for road construction will be employed for this project. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ED Yes ❑ No El Unknown project (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? ❑ Preliminary ® Final Comments: 4c. If yes, who delineated the jurisdictional areas? Agency /Consultant Company: Soil & Environmental Name (if known): Chris Flowers, Ryan Smith & Luke Tushak Consultants, PA Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. USACE -site visits with Jamie Shern on May 21 and June 26, 2007 (expired- Action 1D# 200800443); DWQ -site visit with Lauren Witherspoon on August 21, 2007 (IPRRO# 07- 033)'and June 22, 2009 (NBRRO #09 -093). In addition, a previous buffer determination site visit took place with Mr. Bob Zarzecki when he was with the DWQ, that site visit took place on May 25, 2000 and includes two stream features associated with the Juniper Road Re- alignment (NBRRO #00 -157). Page 3 of 12 PCN Form — Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 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. A 404 Nationwide Permit 14 Verification (AID# SAW -2009- 02329) and 401 Water Quality Certification Approval and Neuse Buffer Authorization (DWO Project No. 20091109) was issued for this project back in 200912010, consecutively. There was a reissuance of the 404 Nationwide Permit 14 Verification on January 17, 2012. Since this time, one stream /wetland impact area has been completed, Impact Area #1. In addition, two bypass channels have been completed (A & B). Previously approved impacts not included within Sections C.3 & 6 of this application are outlined below: 2. wottand Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted, 2a, 2b. 2c. 2d. 2e. 2t. Wetland impact number Type of jurisdiction — Permanent (P) or Type of Type of wetland Forested (Corps - 404, 10 Area of impact Ternpvrary M Impact if known DWO — non -404 other ) ((acres) Wt(#1) ®P ❑T FIII -Road Headwater El Yes ® Corps 0.004 Crossing 'Wetland No ❑ DWO 3. Stream Impacts ff there are perennial or Intermittent stream impacts (including temporary Impacls) proposed on the site, Ihm complete this gtmsftn for all stream sites Impacted, 38. 3b. 3c, 3d. 3e. 3f, 3g. Stream impact number Type of Stream name Perennial Type of Jurisdiction Average Impact - Permanent (P) or impact (PIER) or (Corps - 404, 10 stream denglh Temporary (T) irtterrOtent DWO — non -04, width (linear (INT)? other) (feet) feet) S1 ( #1);2] P ❑ T FflkRoad Crossing UT to Smith Creek ❑ PER 0 INT to GPs ❑ DWQ 5' 17 6. Buffer Impacts (for DWO) If ,project will trrt• et s protected riparian buffer, then complete the chart below. B yes, then individually list all buffer Impacts below. If any Impacts Mqvira M tiara then you MUST fill ou1 Section D of this form, ® Reuse ❑ Tar- Pamllco ❑ other. Project is in wtr ch protected basin? ❑ Catawba ® Randleman as M/La W) 2 ❑ T Level Spreader Bypass UT to Smith Creek ® Yes No 410 364 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. N/A Page 4 of 12 C. Proposed Impacts Inventory 1. Impacts Summary 1a. 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 number Type of jurisdiction — Permanent (P) or Type of Type of wetland Forested (Corps - 404, 10 Area of impact Temporary T impact if known DWQ — non -404, other acres W1 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W2 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 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 number Type of Stream name Perennial Type of jurisdiction Average Impact - Permanent (P) or impact (PER) or (Corps - 404, 10 stream length Temporary (T) intermittent DWQ — non -404, width (linear (INT)? other) (feet) feet) S2 ( #2) ® P ❑ T Culvert-Road UT to Hatters Branch ®PER ®Corps 4'— 30' 121 Widening ❑ INT ❑ DWQ S3 ( #3) ® P ❑ T Culvert -Road UT to Hatters Branch [_1 PER ®Corps 2' 38 Widening ®INT ❑DWQ S4 (#4) ®P ❑ T Culvert -Road Hatters Branch ® PER ® Corps 8 12 Widening [] INT ❑ DWQ S5 ( #5) ® P ❑ T Culvert -Road Hatters Branch ® PER ® Corps 6' 135 Crossing ❑ INT ❑ DWQ 3h. Total stream and tributary impacts 306 3i. Comments: Project is utilizing 4 separate NWP 14's as agreed on previously by Mr. Jamie Shern, USA CE Note: Hatters Branch is known locally and on the NC Flood Maps as "Dunn Creek ". It is not named on the USGS or County Soil Survey. Page 5 of 12 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 inclivid ally list all open water impacts below. 4a. Open water impact number — Permanent (P) or Temporary T 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 ❑P ❑T 02 ❑P ❑T 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) 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: Page 6 of 12 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. ® Neuse ❑ Tar - Pamlico ❑ Other: Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number — Reason for impact Buffer Zone 1 impact Zone 2 impact Permanent (P) or Stream name mitigation (square feet) (square feet) Temporary T required? B1 ( #2) ® P ❑ T Road Crossing UT to Hatters Branch ® Nos 4,590 1,809 B2 ( #3) ® P ❑ T Road Crossing UT to Hatters Branch ® Nos 1,454 920 B3 (#4) ® P ❑ T Road Crossing Hatters Branch ® Yes s 683 487 B4 ( #5) ® P ❑ T Road Crossing Hatters Branch ® Yes s 6,850 3,881 B5 ( #6 1LS'F') ® P Level Spreader Hatters Branch ❑ Yes 362 273 ❑ T Bypass ® No B6 ( #7 1LS E') ® P Level Spreader Hatters Branch ❑ Yes 550 354 ❑ T Bypass ® No B7 ( #8 1LS'D') ® P Level Spreader UT to Hatters ❑ Yes 0 230 E] T Bypass Branch ® No B8 (LS'H') ® P Level Spreader UT to Hatters ❑ Yes 526 788 ❑ T Bypass Branch ® No 6h. Total buffer impacts 15,015 8,742 6i. Comments: Hatters Branch is known locally and on the NC Flood Maps as "Dunn Creek" It is not named on the USGS or County Soil Survey. Page 7 of 12 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. S &EC completed a wetland delineation and Neuse River Buffer evaluation for the entire ± 750 acre property that these roads will transect, in order to identify natural resources so that impacts could be avoided /minimized to the maximum extent practicable. Impact Areas #2, 3 & 4 were all adjusted to impact the north side of the existing road only, therefore avoiding greater impacts to important/perennial stream and riparian buffers on the south side of the existing road; In addition, during the previous PCN application review, Impact Area #4 was reduced from 50LF to 12LF, Impact Area # 5 has been designed with headwalls and wing walls to minimize culvert length and fill slopes, ultimately to minimize impacts to streams and riparian buffers the maximum extent practicable; Impact Areas #6, 7, 8 are all bypass channels for the proposed level spreaders in order to meet the diffuse flow requirements. Furthermore, the applicant is aware of the regional conditions associated with the Nationwide Permits 14. With respect to linear transportation crossings conditions (Regional Conditions section 4.0) the applicant does not anticipate any stream relocations; all culverts have been sized appropriately in order to accommodate bank -full flows and will be buried the appropriate depth below the streambed to allow for aquatic life passage; and this project is not being used in conjunction with a NWP 18 to create an upland area. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Erosion & Sediment Control plan will require measures to protect water quality during construction activities. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for ❑ Yes ® No impacts to Waters of the U.S. or Waters of the State? 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps ❑ Mitigation bank 2c. If yes, which mitigation option will be used for this El Payment to in -lieu fee program project? ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: 0 linear feet 4c. If using stream mitigation, stream temperature: ❑ warm ❑ cool ❑cold 4d. Buffer mitigation requested (DWQ only): 0 square feet 4e. Riparian wetland mitigation requested: 0 acres 4f. Non - riparian wetland mitigation requested: 0 acres 4g. Coastal (tidal) wetland mitigation requested: 0 acres Page 8 of 12 PCN Form — Version 1.3 December 10, 2008 Version 4h. Comments: Proposed permanent impacts are below 150 linear feet of importanNperennial per road crossing, therefore the applicant is not proposing compensatory mitigation. If however, after review of this application the USACE/NCDWR determines mitigation is required, the applicant will utilize a private mitigation bank or the Ecosystem Enhancement Program (NCEEP) for any mitigation requirements. 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. N/A 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires ❑ Yes ® No buffer mitigation? 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. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (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: According to 15 NCAC 028.0233(6), impacts proposed are an allowable use and do not require compensatory mitigation. Page 9 of 12 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. 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: 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? N/A Public Road 2b. Does this project require a Stormwater Management Plan? ❑ Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: This project is a public road constructed for the Town of Wake Forest, Jamie Shern of the USA CE previously determined this to be a "separate and complete "project from the Master Planned Mixed -Use Development. Note that the ± 750 acre tract in which it transects will comply with all Town and State Stormwater requirements including those of the DWQ 401 Program. 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 ❑ NSW 3b. Which of the following locally - implemented stormwater management programs El 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 ❑ HQW 4a. Which of the following state - implemented stormwater management programs apply ❑ ORW (check all that apply): ❑ Session Law 2006 -246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ❑ No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 10 of 12 PCN Form — Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. 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: Note: Melba McGee has confirmed that a SEPA will not be required because the project will be solely paid for by the current owner of the land. 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after - the -fact permit application? ❑ Yes ® No 2c. If you answered 'yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. We have reviewed the "DRAFT Internal Policy, Cumulative impacts and the 401 Water Quality Certification and Isolated Wetland Programs" document prepared by the NC Division of Water Quality on October 3, 2002, version 1.6. While the proposed project is considered both a "small -scale widening", low potential for cumulative impacts and "road on a new location" which has the potential for growth- stimulating effects, the project is located within the Wake Forest ETJ and the Smith Creek Watershed (Wake Forest Reservoir). Therefore the adjacent properties that have potential for development will have the following regulations to protect downstream waters: 1) the Water Supply, Watershed Protection Program which limits development densities as well as requires protective riparian buffers; 2) the Neuse River Basin Riparian Buffer Protection regulations, these regulations require limited development within the riparian buffer area in addition to `diffuse flow" requirements at a minimum and could require Best Management Practices that control nitrogen if diffuse flow cannot be achieved; 3) the Phase 11 NPDES Stormwater Permit Program, this program includes permitting requirements for Municipal Separate Storm Sewer Systems (MS4s) in addition to post- construction stormwater management requirements; and finally 4) the Neuse River Nutrient Sensitive Waters Management Strategy requirements required by the Town of Wake Forest. 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. N /A, The project is a public road project and will not require wastewater treatment. Page 11 of 12 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? In 2009, the NC- Natural Heritage Programs Virtual Workroom was used to search for elemental occurrences of state and federally protected species in the vicinity of the project. It was determined based on the search that an elemental occurrence of the natural community Mesic mixed hardwood forest (piedmont subtype) was identified approximately 1.5 miles east of the eastern project site. The search revealed that there is no State or Federally listed Threatened or Endangered species near the project. The U. S. Fish and Wildlife Service's Critical Habitat Portal website was used to confirm that designated critical habitat does not exist near the site. 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? This project is located within Wake County, there are no Essential Fish Habitats located within Wake County. 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? Records checks at the State Historic Preservation Office or the Office of State Archeology were not performed. No structures, other than the existing home at the intersection of Gilcrest Farm Rd. and Oak Grove Church Rd., were observed during the wetland evaluation. A letter' was sent to the State Historic Preservation Office (SHPO) requesting concerns with regard to any historical structures or significant archeological sites within the proposed project boundaries. A response was received from SHPO indicating that they are not aware of any historic resources that would be affected by this project. See attached letter. 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: A LOMR (Letter of Map Revision) is required from FEMA. The culverts have been sized to pass the required storm event without impacting the road. 8c. What source(s) did you use to make the floodplain determination? NC Floodplain Mapping Information System Deborah Edwards Shirley October 9, 2013 J Applican gent's Signature Applicant/Agent's Printed Name Date (Agent's signature is valid only if an authorization letter from the ap cant is provided.) Page 12 of 12 Soil & Environmental Consultants, PA 11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: (919) 846 -5900 • Fax.. (919) 846 -9467 -= www.SandEC.com AGENT AUTHORIZATION FORM , All Blanks To Be Filled In By The Municipal Official Name: Town of Wake Forest, NC Address: 401 Elm Avenue, Wake Forest, NC 27587 Phone: 919- 554 -6100 Project Name/ Description: Northside Loon & Juniper Road Realignment S &EC Project # 4715 Date: The Department of the Army U.S. Army Corps of Engineers, Wilmington District P.O. Box 1890 Wilmington, NC 28402 Attu David Shaeffer Field Office: Raleigh Regulatory Field Office Re: Wetlands Related Consulting and Permitting To Whom It May Concern: I, the current proper owner, hereby designate and authorize Soil & Environmental Consultants, PA to act in my behalf as my agent in the processing of permit applications, to furnish upon request supplemental information in support of applications, etc. from this day forward. The ZTC' day of July 2013 This notification supersedes any previous correspondence concerning the agent for this project. NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for government officials to enter the property when accompanied by S &EC staff. You should call S &EC to arrange a site meeting prior to visiting the site. 171 c 1(s V), 1640 4 i, � �'Io 12 ZiJ %1 Lj L Print Property Owner's Name cc: Ms. Karen Higgins NCDENR - DWQ 512 N. Salisbury St. Raleigh, NC 27604 Property Owner's Signature cc: Ms. Deborah Edwards Shirley Soil & Environmental Consultants, PA State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, J Bill Holman, Sect Kerr T. Stevens, Soil & Environmental Consultants, Inc. C/o Mr. Sean Clark, 11010 Raven Ridge Road 'Raleigh, NC 27614 Re: Neuse River Riparian Buffer Confirmation Reservoir Tract (Hermitage Site); S &EC, Inc. Project # 99 -4715 Smith Creek [03- 04 -02; 27 -23 -(1 & 1.5)] Dear Mr. Clark, June 14, 2000 DWQ Project # 00 -0783 NBRRO Project # 00 -157 Wake County Per your request, on May 25, 2000, I met with you at the subject property located on the northeast, northwest and southern comers of the intersection of SR1942 and SRI 943 and north and east of the Town of Wake Forest Reservoir (Smith Creek), Wake County. The purpose of this meeting was to determine the applicability of stream features located on the property to the Neuse River Riparian Buffer Protection Regulations (15A NCAC 2B .0233). This meeting was the final of a total of three applicability meetings conducted on the subject property. The first two meetings where conducted with Mr. Todd St.John, 401 Certification Unit, on 3/27/00 and Mr. Charles Brown, Raleigh Regional Office, on 4/28/00. As a result of these meetings, it was determined that the features indicated on the attached "Reservoir Tract / Project # 994715, Preliminary Wetland Approximation' map received by this office 6/7100 and initialed by me on 6/14/00 are subject to 15A NCAC 2B .0233. The map indicates streams, including the approximate location of the start of several intermittent streams, subject to the buffer regulations as confirmed and flagged in the field on 3/27/00, 4/28 /00 and 5/25 /00. This office recommends that these streams be properly located and identified prior to any site design to ensure compliance with 15A NCAC 2B .0233. This letter only addresses the applicability of 15A NCAC 2B .0233(3) and does not authorize any activity within the protected buffers. Thank you for your attention to this matter and if this office can be of any assistance or if you have additional questions, please do not hesitate to contact me at 733 -9726 or Mr. Steve Mitchell at 571 -4700. Sincerely, b vrronmental Specialist 1401 Certification Unit Cc: Steve Mitchell I Raleigh Regional Office Division of Land Quality / Raleigh Regional Office File copy Non - Discharge Branch Wetlands/401 Unit 1621 Mail Service Center Raleigh, North Carolina 27669 -1621 Telephone 919 - 733 -1786 FAX # 733 -9959 An Equal opportunity Affirmative Action Employer 50% recycled/ 101/6 post consumer paper A44ja NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director Soil and Environmental Consultants A�ttiBol%Zarzecki 11010 Raven Ridge Road Raleigh, NC 27614 BASIN: Neuse River Buffer Determination X (15A NCAC 2B .0233) Project Name Reservoir Tract Location/Directions: located south of SR 1942 Subject Stream UT to Smith Creek Date of Determination: 6/22/09 November 4, 2009 Tar - Pamlico Buffer Determination (15A NCAC 2B.0259) Dee Freeman Secretary NBBRRO #09 -093 Wake County Feature(s) Not Subject Subject Start @ Stop@ Soil Survey USGS To o A X X )Feature A was only evaluated upstream /south of SR 1942. Feature A is the only feature that was reevaluated on this tract of land (old NBRRO Project #00 -157) Explanation: The feature(s) listed above has or have been located on the Soil Survey of Wake County, North Carolina or the most recent copy of the USGS Topographic map at a 1:24,000 scale. Each feature that is checked "Not Subject" has been determined not to be a stream or is not present on the property. Features that are checked "Subject" have been located on the property and possess characteristics that qualify it to be a stream. There may be other streams located on your property that do not show up on the maps referenced above but, still may be considered jurisdictional according to the US Army Corps of Engineers and /or to the Division of Water Quality. This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWQ or Delegated Local Authority that a surface water exists and that it is subject to the buffer rule may request a determination by the Director. A request for a determination by the Director shall be referred to the Director in writing c/o Cyndi Karoly, , DWQ Wetlands /401 Unit, 2321 Crabtree Blvd., Raleigh, NC 27604 -2260. Individuals that dispute a one NorthCarolina vYaturally North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone (919) 791 -4200 Customer Service Internet www ncwaterquality org 1628 Mail Service Center Raleigh, NC 27699 -1628 FAX (919) 788 -7159 877- 623 -6748 An Equal Opportunity /Affirmative Action Employer — 50% Recycled /10% Post Consumer Paper determination by the DWQ or Delegated Local Authority that "exempts" a surface water from the buffer rule may ask for an ad judicatory hearing. You must act within 60 days of the date that you receive this letter. Applicants are hereby notified that the 60 -day statutory appeal time does not start until the affected party (including downstream and adjacent landowners) is notified of this decision. DWQ recommends that the applicant conduct this notification in order to be certain that third party appeals are made in a timely manner. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699 -6714. This determination is final and binding unless you ask for a hearing within 60 days. The owner /future owners should notify the Division of Water Quality (including any other Local, State, and Federal Agencies) of this decision concerning any future correspondences regarding the subject property (stated above). This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be directed to the Division of Water Quality (Central Office) at (919)- 733 -1786, and the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919) -876 -8441. Respectfully, Lauren C. Witherspoon Environmental Senior Specialist cc: Wetlands/ Stormwater Branch, 2321 Crabtree Blvd, Suite 250, Raleigh, NC 27604 RRO /SWP File Copy U.S. ARMY CORPS OF ENGINEERS COPY' WILMINGTON DISTRICT Action ID: SAW- 2009 -02329 County: Wake USGS Quad: Wake Forest, Rolesville, Grifton, and Franklinton GE VERIF ITION GENERAL PERMIT (REGIONAL AND NATIONWIDE) t 1 1� Property Owner / Authorized Agent: Town of Wake Forest Attn: Eric Keravuori Address: 4011 Elm Avenue dy: Soo b Eat- runantal Cmudtmils. A Wake Forest, NC 27587 Telephone No.: (919) 554 -6122 Size and location of property (water body, road name /number, town, etc.): Proiect is located from intersection of Gilcrest Farm Road (SR 1129) and JuniMr Ave. (SR 1942) south to 98 (Wait Ave.) in Wake Forest, NC. Approximately 750 acres near Hatters Branch (a.k.a. Dunn Creek) and Smith Creek -Wake Forest Resevoir. Description of projects area and activity: Project named Northside Loop and Juniper Ave. Re- alignment and widening. This authorization is for 0.004 acres of permanent wetland impacts, 55 LF of permanent impacts on unimportant streams, and 306 LF of permanent impacts on important streams. Two (2) road crossings and three W road widenino constitute five (5) single and complete projects. The projects must be conducted in accordance with the application and drawings submitted on October 15, 2009. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: 14 Nationwide Permit Number: Summary of Authorized Impacts and Required Mtigation Action ID # NWP / GP # Open Water ac Wetland ac Unim ottant Steam (M Important Stream Temporary Permanent Temporary Permanent Temporary Permanent Temporary Permanent 200902329 14 0.004 Si 14 17 S2 14 121 S3 14 38 S4 14 50 S5 14 135 Impact Totals 0.004 55 306 Total Loss of Waters of the U.S. ac 0.004 Total Loss of Waters of the U.S. 1 361 —Required Wetland Mitigation ac Required Stream Mitigation 1 Additional Remarks and /or Special Permit Conditions: Losses to important streams were minimized and avoided where possible to avoid greater impacts to on -site perennial streams and ensure that the adverse effects to the aquatic environment were minimal. Additionally, no single crossing impact is >135 LF. Each crossing is considered a single and complete project with regards to mitigation. This verification requires strict adherence to the impact maps and plans submitted on 15 OCT 09. Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted plans. 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 permi{, will remain authorized provided the Page 1 of 3 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) 733 -17867 to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management . This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvaWpermits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Jamie ' at telephone number 919 - 554-4884 extension 31 . Corps Regulatory Official :12/29/2009 Expiration Date of Verification: /2912011 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 or visit hM? : / /www, saw. usace .army.miVWETLANDS /index.httnl to complete the survey online. Page 2 of 3 Determination of Jurisdiction: ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). ❑ 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. ❑ 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. _ ® The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued 21 MAY 07 and 26 JUN 07. Action ID 200800443 Basis of Jurisdictional Determination: Appeals Information (This information applies only to approved jurisdictional determinations.) Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that approved jurisdictional determination, you can make an administrative appeal under 33 CFR 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: District Engineer, Wilmington Regulatory Division Attn: Jamie Sherri, Regulatory Specialist Raleigh Regulatory Field Office U.S. Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 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 331.5, and that it has been received by the District 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 February 26, 2010. * *It is not necessary to submit an form to Tis Office if you do not object to the determination in this correspondence." Corps Regulatory Official: Date 12/29/2009 Expiration Date 03/18/2012 SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. Copy Furnished: Bob Zarzecki, Agent Page 3 of 3 COPY U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW- 2009 -02329 County: Wake U.S.G.S. Quad: NC- ROLESVII.LE GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner: Town of Wake Forest Eric Keravuori Address: 4011 Elm Avenue wake forest, , 27587 Agent: Soil & Environmental Consultants, PA Bob Zarzecki Address: 11010 Raven Ridge Road Raleigh, NC, 27614 Size and location of property (water body, road name /number, town, etc.): The proiect site is located from the intersection of Giicrest Farm Rd. (SR1129) and Juniper Ave. (SR1942) south to Hwy 98 (Wait Ave.) in Wake Forest. Wake County, North Carolina. Latitude 35.9778904553051 Longitude - 78.487482826747 Description of projects area and activity:- This-.permit verification - allows for the construction' of the Northside'Loop -(i:e. Gilcrest Farm Ext.) and re- alimi/widen Juniper Avenue. Impacts authorized by this verification are 0.004 acres of permanent wetland impacts, 55 LF of permanent impacts to unimportant stream channel, and 306 LF of permanent impacts to important stream channel. Two (2) road crossings and three (3) road widening constitute five (5) single and complete nroiects. The nroiects must be conducted in accordance with the application and drawings submitted on October 15, 2009. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number or Nationwide Permit Number: NWP 14 Linear Transportation Proiects. SEE ATTACHED NATIONWIDE AND SPECIAL CONDITIONS. Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information dated October 15, 2009. 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 is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified, reissued, or revoked prior to March 18, 2012. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. 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) 733 -1786) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management. 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 James Lastinger at 919 - 554-4884 x21. Corps Regulatory Offici Date: January 17, 2012 Expiration Date of Veri ion: 03/18/2012 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 or visit hitp:// pert .nwp.usace.army.mil /survey.htm] to complete the survey online. Copy Furnished: .dam aArv< Special conditions: 1. Losses to important stream channel were minimized and avoided where possible to avoid greater impacts to on -site perennial streams and ensure that the adverse effects to the aquatic environment were minimal. Additionally, no single crossing impact is >135 LF. Each crossing is considered a single and complete proiect with regards to mitigation. 2. This verification requires strict adherence to the impact maps and plans submitted on October 15, 2009. Determination of Jurisdiction: A. ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). 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 May 21 and June 07, 2007. Action ID 200800443. Basis For Determination The site exhibits wetland criteria as defined in the 1987 Corps Wetland Delineation Manual and appropriate Regional Supplement. and established Ordinary High Water Mark Remarks Attention USDA Program ]Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination 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 331.5, 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 March 17, 2012 * *It is not necessary to submit an RYA form to the Division Office if you do not object to the determination in this correspondence.t'* Corps Regulatory Official: Date: January 17, 2012 (1/ Expirafion Date; March 18, 2012 Copy furnished: Beverly Eaves Perdue Governor E E I V E fi -r, {. Soil 6 [ tai Ennsdtants. PA February 4, 2010 Wake County NCDWQ Project No, 20091109 Northside Loop & Juniper Road Town of Wake Forest Dee Freeman Secretary APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE BUFFER AUTHORIZATION with ADDITIONAL CONDITIONS Eric Keravuori, Director of Engineering Town of Wake Forest 4011 Elm Avenue Wake Forest, NC 27587 Dear Mr. Keravuori: You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of constructing the Northside Loop and realignment of Juniper Road in Wake Forest, Wake County: N.. ... Y... nan 1.. 66n Nn o D11— R—H.- Site Permanent Fill in Intermittent Stream (linear ft _ Permanent Fill in Perennial Stream linear ft Total Stream Impact (linear t}t 1 17 0 17 2 0 121 121 3 38 0 38 4 0 12 12 5 0 138 138 Total 55 271 326 Total Stream Impact for Project: 326 linear tees. W.*1 —A rree —+e in thn IVo.nen Rivor Ravin Site Permanent Fill ac Total Wetland Impact ac I <0.01 <0.01 Total <0.01 <0.01 Total 9Wettand impact for Project: <uxt acres. Transportation Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699 -1650 Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604 Phone: 919 -733 -17861 FAX: 919- 733 -6693 Internet h1tp :Uh2o.enr.state.nc.uslnmttandsl An Equal Opportundy 1 Arfirmadve Action Employer lthCarolina a rAdY Neuae Rinnrinn Huffer Imnacts Site Zone 1 Impact (sq ft) ndnrrs Wetlands in Zone 1 (sq ft) = Zone 1 Buffers (not wetlands) (sq ft) Zone 1 Buffer Zone 2 Mitigation Impact Required (sq ft) (using 3:1 ratio) minus Wetlands in Zone 2 (sq ft) =Zone 2 Buffers (not wetlands) (sq ft Zone 2 Buffer Mitigation Required (using 1.5:1 ratio) 2 4590 0 4590 N/A 1809 0 1809 N/A 3 1454 1 0 1454 NIA 920 0 920 N/A 4 683 1 0 683 N/A 487 0 487 N/A 5 6850 0 6850 N/A 3881 0 3881 N/A LS F 362 0 362 N/A 273 0 273 N/A LS E 550 0 550 N/A - 354 0 354 N/A LS D 0 0 0 N/A 230 0 230 N/A LS B 416 0 416 N/A 364 0 364 N/A LS H 526 0 526 N/A i 788 0 788 N/A Totals 15,431 0 15,431 0 9,106 0 9,106 0 * n/a = Total for'Site is less than 1/3 acre and 150 linear feet of impact, no mitigation required Total Buffer Impact for Project: 24,537 square feet. The project shall be constructed in accordance with your application dated received October 15, 2009 and additional information received November 17, 2009 and January 19, 2010. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 3704. This certification corresponds to the Nationwide Permit 14 issued by the Corps of Engineers. This approval is also valid for the Neuse Riparian Buffer Rules (I SA NCAC 213.0233). In addition, you should acquire any other federal, state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion Control, State Stormwater, Non - Discharge and Water Supply Watershed regulations. This approval will expire with the accompanying 404 permit. This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change, you must notify the NCDWQ and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h) (6) and (7). Additional buffer impacts may require compensatory mitigation as described in 15A NCAC 02B.0242. For this approval to remain valid, you must adhere to the conditions listed in the attached certification and any additional conditions listed below. Conditions of Certification: 1. For areas draining to waters classified by the NC Environmental Management Commission as WS -Il, HQW (Smith Creek and its tributaries), stormwater shall be directed to vegetated buffer areas, grass -lined ditches or other means appropriate to the site for the purpose of pre - treating storm water runoff prior to discharging directly into streams. Mowing of existing vegetated buffers is strongly discouraged. 2. In areas draining to waters classified as WS -I1, HQW, tall fescue shall not be used in the establishment of temporary or permanent groundcover within riparian areas. For the establishment of permanent herbaceous cover, erosion control matting shall be used in conjunction with appropriate seeding on disturbed soils within the riparian area and on disturbed steep slopes with the following exception. Erosion control matting is not necessary if the area is contained by perimeter erosion control devices such as silt fence, temporary sediment ditches, basins, etc. Matting should be secured in place with staples, stakes, or wherever possible, live stakes of native trees. Erosion control matting placed in riparian areas shall not contain a nylon mesh grid, which can impinge and entrap small animals. For the establishment of temporary groundcover within riparian areas, hydroseeding along with wood or cellulose based hydro mulch applied from a fertilizer- and limestone -free tank is allowable at the appropriate rate in conjunction with the erosion control measures. Discharging hydroseed mixtures and wood or cellulose mulch into surface waters in prohibited. Riparian areas are defined as a distance 25 feet landward from top of stream bank. 3. The permittee shall use Design Standards in Sensitive Watersheds [ 15A NCAC 4B.0124(a) {e)] in areas draining to WS -II, HQW waters. Temporary cover (wheat, millet, or similar annual grain) or permanent herbaceous cover shall be planted on all bare soil within 15 business days of ground disturbing activities to provide erosion control. 4. All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities, unless otherwise approved by this certification. 5. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the preconstruction contours and revegetated. Maintained buffers shall be permanently revegetated with non -woody species by the end of the growing season following completion of construction. For the purpose of this condition, maintained buffer areas are defined as areas within the transportation corridor that will be subject to regular transportation maintenance activities including mowing. The area with non - maintained buffers shall be permanently revegetated with native woody species before the next growing season following completion of construction. 6. Pursuant to NCACI5A 2B.0233(6), sediment and erosion control devices shall not be placed in Zone 1 of any Neuse Buffer without prior approval by NCDWQ. At this time, NCDWQ has approved no sediment and erosion control devices in Zone 1, outside of the approved project impacts, anywhere on this project. Moreover, sediment and erosion control devices shall be allowed in Zone 2 of the buffers provided that Zone 1 is not compromised and that discharge is released as diffuse flow. 7. Unless otherwise approved in this certification, placement of culverts and other structures in open waters and streams shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis- equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by NCDWQ. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact NCDWQ for guidance on how to proceed and to determine whether or not a permit modification will be required. 8. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. 9. ' Riprktp shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. 10. For all streams being impacted due to site dewatering activities, the site shall be graded to its preconstruction contours and revegetated with appropriate native species. 11. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the maximum extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to vegetation responsible for maintaining the stream bank stability. Any applicable riparian buffer impact for access to stream channel shall be temporary and be revegetated with native riparian species. 12. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between curine concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 13. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. 14. The dimension, pattern and profile of the stream above and below the crossing shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. 15. The use of rip -rap above the Normal High Water Mark shall be minimized. Any rip -rap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 16. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 17. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. 18. Heavy equipment shall be operated from the banks rather than in the stream channel in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. 19. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. 20. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. 21. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 22. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any other appropriate requirements of State and Federal law. If NCDWQ determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that State or federal law is being violated, or that further conditions are necessary to assure compliance, NCDWQ may reevaluate and modify this certification. 23. Due to increased impervious surface in an HQW watershed, this project may require a State Stormwater Permit from the DWQ Raleigh Regional Office (RRO). If the RRO determines that a State Stormwater Permit is required, no construction on this project may begin until such permit is applied for, and issued. 24. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division Engineer and the on -site project manager. 25. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. 26. The issuance of this certification does not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. 27. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of discovery. 28. Upon completion of the project (including any impacts at associated borrow or waste sites), the project manager shall complete and return the enclosed "Certification of Completion Form" to notify NCDWQ when al] work included in the 401 Certification has been completed. 29. Native woody riparian vegetation (i.e., trees and shrubs native to your geographic region) must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 30. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 31. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. 32. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please contact Rob Ridings at 919- 733 -9817. Cc: US Army Corps of Engineers, Raleigh Field Office Travis Wilson, NC Wildlife Resources Commission Bob' Ziiczecki 'Y`Si�il ° &`:)anvirorimental Coiisaltantj : .� -, �-�- NCDWQ Raleigh Regional Office File Copy Sincerely, olee H. Sullins Director North Carolina Department of Cultural Resources State Historic Preservation Office Peter B. Sandbeck, Administrator Michael F. Easley, Governor Lisbeth C. Evans, Secretary Jeffrey J. Crow, Deputy Secretary November 2, 2009 Bob Zarzecki Soil & Environmental Consultants, PA 11010 Raven Ridge Road Raleigh, NC 27614 '1 Sd 6 MMW Coos► NIS, PR Office of Archives and History Division of Historical Resources David Brook, Director Re: Northside Loop & juniper Road Realignment, Wake Forest, S &EC Project 4715.P1, Wake County, ER 09 -2552 Dear Mr. Zarzecki: Thank you for your letter of October 16, 2009, concerning the above project. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill- Earley, environmental review coordinator, at 919 -807 -6579. In all future communication concerning this project, please cite the above - referenced tracking number. Q,_�Yxj Sii r aL�_ I'leter Sandbeck Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699 -4617 Telephone/Fax- (919) 807 - 6570/8(17 -6599 Legend Northside Loop & Juniper Rd. Realignment , Q Traditions Subdivision Master Plan 129 �'` ,t �rCQ �✓ ���i ,�� e�J�.`J ,�,��_ �_"; cQ "�_ �f ,(l��l % /�i�c`-j" .. � fl)'�t - -�(I An" C/ 1 a 0 ivy a Project No. Figure 1 0 1:24K USGS 4715.P1 Topographic Quadrangle Project Mgr.: Northside Loop With • Soil & Environmental Consultants, PA DE Juniper Rd. Realignment p g 11010 Raven Ridge Rd.- Raleigh, NC 27614 Wake Forest NC (919) 846 -5900 • (919) 846 -9467 Scale: 1" = 2,000' Wake Forest, RolesviIle, Web Page: www.SandEC.com Grifton, and Franklinton 10/15/09 (quadrangles t� � F � .."' �f'P '3? � ,,� Tim' —s•7� a - -r' - TJ _ - •._�, -r ti. �+-�. lk t ^ - f C e i �� r s � _ f � , � is ~' >5 - � F i' � ��.�._ � t •� N l k r 3 R H Yy L4 / 1 f f - -`lam. '� _ i _ :t t ". (:� a.. •�t .; i i X. ` p E G UU Fp �' L �� V V AA t B6 . •. YY ' 'f•Iti"4" �a 1� 4, f acs d i t F r Gr 'j '. 1 '• .. � �''cx e` E _ _ ,.. 4fy '" -- �"`,� � •�a x is �' •'•c, (� J1H , DU - hK VT pp i 1J OQ L.- ¢�x i w • p 1 , f n lk, > ­—A A is V -7 z ?97 J �7el K Project No. Figure 1 -1:24K USGS Topographic Quadrangle Project Mgr.: Reservoir Tract Soil & Environmental Consultants, PA CF Ammons Development 11010 Raven Ridge Rd.- Raleigh, NC 27614 (919) 846-5 - (91S) 846 Scale: Wake County, NC Web Page: 900 www.SandEC,9 .com 467 1" = 2,000* Wake Forest and Rolesville 10/20/06 Quadrangle o�0� w A r�'p� co a _ Chris Flowers S &EC 11010 Raven Ridge Road Raleigh, NC 27614 Michael F. Easley, Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources September 6, 2007 INTERMITTENT/PERENNIAL (I/P) STREAM DETERMINATION Project Name Reservoir Tract Coleen Sullins, Director Division of Water Quality IPRRO 07 -033 County: Wake Location /Directions: on the northeast, northwest, and southern corners of the intersection of SR 1942 and SR 1943 and north and east of the Town of Wake Forest Reservoir Subject Stream(s): UT to Wake Forest Reservoir Date of I/P Determination(s): 8/21/2007 Feature UP call* Location of I/P Point (GPS Points and /or Flag) Notes/Basis for Call (Stream Form Rating, Biol. Indicators, etc.). N P Throughout T I/P Start intermittent at start channel, start perennial at Flag T Z P throughout SS I TT P UU I *Intermittent/Perennial This on -site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWQ or Delegated Local may request a determination by the Director. A request for a determination by the Director shall be referred to the Director in writing c% Cyndi Karoly, , DWQ Wetlands /401 Unit, 2321 Crabtree Blvd., Raleigh, NC 27604 -2260. You must act within 60 days of the date that you receive this letter. Applicants are hereby notified that the 60 -day statutory appeal time does not start until the affected party (including downstream and adjacent landowners) is notified of this decision. DWQ recommends that the applicant conduct this notification in order to be certain that third party appeals are made in a timely manner. To ask for a hearing, send a written petition, which conforms to Chapter 150E of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, ne Raleigh, N. C. 27699 -6714. This determination is final and binding unless you ask for a hearing with i OAhCarolina wN kill& 60 days. North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Intemet: h2o.enr.state.nc.us 1628 Mail Service Center Raleigh, NC 27699 -1628 An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Phone (919) 791 -4200 Customer Service FAX (919) 571 -4718 1- 877 - 623 -6748 9/6/2007 Page 2 of 2 The (owner /future owners) should notify the Division of Water Quality (including any other Local, State, and Federal Agencies) of this decision concerning any future correspondences regarding the subject property (stated above). This project may require a Section 4041401 Permit for the proposed activity. Any inquiries should be directed to the Division of Water Quality (Central Office) at (919)- 733 -1786, and the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)- 876 -8441. Respectfully, Lauren C. Witherspoon Environmental Senior Specialist CC: DWQ -RRO Files Central Files DWQ 401Unit Not thCarolina ,Naturally North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone (919) 791 -4200 Customer Service Internet: h2o.enr.state.nc.us 1628 Mail Service Center Raleigh, NC 27699 -1628 FAX (919) 5714718 1- 877 - 623 -6748 An Equal Opportunity/Affirmative Action Employer — 50% Recycled /10% Post Consumer Paper r q Jam` � vN f � r �• � . �CJ „\ / l � � _, �� J"'� 45 T NJ IR r 3 \ V 4 J / 4 \ . � . � ; � `�✓ � '�- , � "-.' `� /. � /` / i - ! � �✓� � 4-. �✓ I- R 't. ' I � .. / mil# `6� .(;; / • r r ok� r` / •� j., az Project No. Figure 1 - 1 :24K USGS 4715.W1 Topographic Quadrangle Project Mgr.: Reservoir Tract Soil & Environmental Consultants, PA ICF Ammons Development 11010 Raven Ridge Rd.• Raleigh, NC 27614 scale: Wake County, NC (919) 846-5900 - (919) 846-9467 Web P gewww Sand om 1 °' = 2,000' Wake Forest and Rolesville 10 /20 /Of: Quadrangle Legend F = WETLANDS/LINEAR WETLANDS [ confirmed by the USACE] ��� = WATERS OF THE US [i.e., perennial Important streams] =WATERS OF THE US SUBJECT TO THE NEUSE RIVER BUFFERS [i.e.. intermittent unimportant streams) = PL TT = TIE TO = START CHANNEL -� Wellands and streams confirmed by Jamie Shem of the USACE at a site meeting on July 12, 2007. The Neuse River Riparian Buffer origin determinations were prevoiusly made by J` Ithe NGDWQ and are not depicted on this map. The Intermittent and Perennial classifications for Features N, T, and Z were confirmed by me NGDWQ on 8121/07 R(4CL n st. ch. low rich.,. 1 � - -�' U Soil & Environmental Consultants, PA 11010 Raven Ridge Rd, Raleigh, NC 27614 (919) 8465WO • (919) 8469467 Web Page: www.SandEC.ctrn August 22, 2007 'J i Vii(( \' l N Vetland Field Sketch Map 1PS4OO' Project Manager: Project Number: Prepared by: Chris Flowers I 4715 -WI Chris Flowers ® ewe Pig �M�imnW. YAi/�. ttr n'q Ye.wi Wake Forest Reservoir Tract 2 Ammons Development Company Wake County, NC 0 0 s 0 0 N 0 0 IJ N _ S � - - m m scale: Wake Forest Reservoir r Z m n5,°° y / X M N o m So r- O X C- �C1Ny - v d fD � c, IImn�3 -V - _ 5 N 110 m m Z 2 °on to O V = . N 3 z. � Q o� D m D D ao °� O 'cr m m � x Q 'n _. n m U) in z F D -n -n N V N d A o' 7 CD M W x z z f so C M m �n C H (n C U' I D o iD m m m z CL U) fD m En °' o- D W M O O _ ID C to n CL rr m m C D C) m S � C - - m m scale: Wake Forest Reservoir CD Z m n5,°° y / X ` N o m So r- O X C- �C1Ny - v d fD � c, IImn�3 -V - _ 5 N 110 m m Z 2 °on to O V = . N 3 z. � Q o� O N O c. Z ao °� O 'cr m n* Q 'n _. A r 0 1 _A /p O .fin ;0 — F s 0 �dto �. NZ V N �W n A o' 7 CD D a A JO f so C CL C M CL 3� scale: Wake Forest Reservoir CD m 9 m n5,°° y 3 o c m (D So r- O mD, C .y. 3iZm cL Qa d fD � c, IImn�3 -V N _ 5 N 110 m m Z 2 °on to O V = . N 3 z. � Q 3 CD O N O c. Z c 3 'cr m n* Q 'n (D CD N n ;0 — F s 0m N �dto �. 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