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
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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
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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
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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.).
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Start intermittent at start
channel, start perennial at Flag
T
Z
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throughout
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*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
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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'
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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
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Soil & Environmental Consultants, PA
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(919) 8465WO • (919) 8469467
Web Page: www.SandEC.ctrn
August 22, 2007
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Project Manager: Project Number: Prepared by:
Chris Flowers I 4715 -WI Chris Flowers
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