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HomeMy WebLinkAbout20140272 Ver 1_401 Application_20170317WITHERS &— RAVENEL ENGINEERS I PLANNERS I SURVEYORS 115 MacKenan Drive Cary, North Carolina, 27511 (919) 469-3340 FAX (919) 467 -6008 TO: NC Division of Water Resources 512 N. Salisbury Street; 9`h Floor Raleigh, NC 27604 WE ARE SENDING YOU ❑ Shop Drawings ❑ Copy of Letter *011 E Attached ❑ Prints ❑ Change order DATE March 20, 2014 TnO 0205040019 ATTENTION 1� Ms Karen Higgins PHONE,# 1 19 -807 6363 RE Waldo St Drainage Improvement NWP 18/401 Certification Submittal 3/20/2014 02050400-19 ❑ Under separate cover via ❑ Plans ❑ Samples ❑ Diskette ❑ the following items: ❑ Specifications COPIES DATE NO. DESCRIPTION 3/20/2014 02050400-19 NWP18/ o1 Certification Submittal 1 3/20/2014 02050400.19 Check for $2 0.00 Application Fee 1 3/20/2014 02050400.1' 9 CD of PCN Submittal THESE ARE TRANSMITTED as checked below: ® For approval ❑ Approved as submitted ❑ For your use ❑ Approved as noted ❑ As requested ❑ Returned for corrections ❑ For review and comment ❑ ❑ FOR BIDS DUE 20 ❑ PRINTS RETURNED AFTER LOAN TO US ❑ Resubmit ❑ Submit ❑ Return copies for approval copies for distribution corrected prints COPYTO: File SIGNED: Martin Richmond If enclosures are not as noted, kindly notify as at once =4.0242 WITHERS & ENGINEERS I PLANNERS I SURVEYORS b March 20, 2014 NC- Division of Water Resources Wetlands, Buffers, Streams Permitting Unit Attn: Ms. Karen Higgins 1650 Mail Service Center Raleigh, North Carolina 27699 Re: 401 Certification Submittal 216 Waldo Street Drainage Improvements W &R Project #02050400.19 Dear Ms. Higgins, MAR 2 0 2014 On behalf of The Town of Cary, Withers & Ravenel is requesting authorization from the DWR for approximately 12 linear feet of stream impact for construction of a dissipation pad associated with the upgrade and improvement of an existing stormwater collection system. The project is located on an existing residential lot located at 216 Waldo Street in Cary, Wake County (Latitude: 35.7864 1N; Longitude: - 78.7778 1W). The project is located in the Neuse River basin and onsite waters drain to Walnut Creek. The Water Quality Classification for Walnut Creek is Class C; NSW and the Stream Index Number is: 27- 34 -(1). The cataloging unit for the site is 03020201. Project History According to Wake County GIS records, the property was originally developed in 198o with construction of the residential building. It appears that during construction, approximately 65 feet of corrugated metal piping was placed in a stream feature, and subsequently graded over on the rear portion of the property (reference Wake County GIS 1981 historic aerial photograph). Upstream of this installed pipe, a reach of approximately 43 linear feet was left as open channel. The Town's existing stormwater collection system feeds into this remaining open channel, effectively leaving a 43 ft reach of open channel between the outfall and the existing pipe. Overtime, this channel has been severely impacted with maintenance activities through use of rip rap stone, broken concrete, and other items of debris in effort to reduce erosion. Due to complaints regarding on -site flooding from neighbors, the Town of Cary contracted Withers & Ravenel to evaluate the possibility of removing the channel and extending the existing stormwater collection system to connect with the existing pipe. 1410 Commonwealth Drive I Suite 1011 Wilmington, NC 28403 1 tel 910 256 9277 1 fax 910 256 2584 www withersravenel com I License No C -0832 216 Waldo Street Drainage Improvements 401 Certification Request March 20, 2014 Onsite verification of the presence of jurisdictional waters was conducted by Withers & Ravenel in February 2014. The open channel was determined to be jurisdictional waters by the US Army Corps of Engineers. During this on -site verification, it was also noted that stormwater was backed up from the existing pipe, inundating the open channel and creating a vortex at pipe entry. Proposed Impacts Non - Reportable and Exempt Impacts In an email dated 3/10/14, Dave Shaeffer with the Corps of Engineers determined that the piping of the existing channel and installation of the proposed rip -rap dissipater was authorized under a non - notfying NWP 18. A copy of Dave Shaeffer's email has been provided as an Appendix Coordination with Cheri Smith with NCDWR determined that proposed piping of the 43 if of stream between the existing pipes was exempt under the Neuse River Riparian Buffer Rules (up to 150 10, provided that all conditions of the NWP 18 are met. This was verified through email with NCDWR on February 19, 2014, which has been provided as an Appendix. Proposed Impacts Requiring Authorization from DWR As part of the overall stormwater improvements, the Town is also planning to remove the existing 36" corrugated metal pipe and replace it with a 45" reinforced concrete pipe, entirely within the footprint of the existing pipe. The replacement of the existing pipe is not subject to permitting requirements; however the Town intends to install a 12 -foot rip -rap dissipation pad at the foot of the upgraded pipe to provide diffuse flow and prevent downstream scour. The installation of this dissipation pad will occur outside the footprint of the existing pipe and therefore requires written authorization from NC DWR. This application is only for authorization of the 12 -foot dissipation pad, as this will be the only new impact to a buffered stream. Installation of rip rap material will be limited to stream channel. No rip rap material will be placed in the buffer. Avoidance and Minimization The 198o installation of the pipe has created flooding issues in the open channel as water backs up from the pipe onto the residential lots under heavy flow. In addition, the remaining open channel has severely eroded over time, and attempts to maintain the channel have led to a degradation of water quality. The purpose of the piping of the channel and construction of the dissipation pad is to upgrade the overall stormwater collection system in the general area, providing an overall benefit to water quality. Mitigation Total stream impacts from the project are less than 150 If, and therefore no mitigation is required. WITHERS & RAVENEL Page 2 of 3 EN-1 -5 I PLANNERS I SURVEYORS 216 Waldo Street Drainage Improvements 401 Certification Request March 20, 2014 Stormwater Management Plan This project involves upgrading an existing stormwater collection system. No stormwater management plan is required. Summary This request is for 12 linear feet of stream impact, for the purpose of constructing a dissipation pad associated with upgrades to an existing stormwater collection system (see attached maps and PCN for details). Please feel free to call if you have questions or require additional information. Sincerely, Martin Richmond Environmental Scientist Attachments: • PCN Form • Agent Authorization • USGS Quad • Wake County Soil Survey • Email from Corps of Engineers • Email from DWR • Impact Exhibit WITHERS & RAVENEL Page 3 of 3 EN 6 �N EE RS 1 PENN N E R 5 1 SURVEYORS O1�pF�WNA TF Office Use Only Corps action ID no DWQ project no f_ Form Version 1 3 Dec 10 2008 Page 1 of 11 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 18 or General Permit (GP) number 1c Has the NWP or GP number been verified by the Corps? ® Yes ❑ No 1d Type(s) of approval sought from the DWQ (check all that apply) ® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1e 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 1g Is the project located in any of NC's twenty coastal counties If yes, answer 1 h below ❑ Yes ® No 1h Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2 Project Information 2a Name of project Waldo Street Drainage Improvements 2b County Wake 2c Nearest municipality / town Cary 2d Subdivision name N/A 2e NCDOT only, T I P or state project no 3. Owner Information 3a Name(s) on Recorded Deed Blackbird Land Trust 3b Deed Book and Page No Book 012688 Page 00074 3c Responsible Party (for LLC if applicable) 3d Street address 216 Waldo Street 3e City, state, zip Cary, NC 27511 -3487 3f Telephone no 3g Fax no 3h Email address Page 1 of 11 PCN Form — Version 1 3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a Applicant is ❑ Agent ® Other, specify Town of Cary is purchasing easement for this project 4b Name Mr Billy Lee 4c Business name (if applicable) Town of Cary 4d Street address P O Box 8005 4e City, state, zip Cary, NC 27512 - 8005 4f Telephone no (919) 462 -3932 4g Fax no 4h Email address billy lee @townofcary org S. Agent/Consultant Information (if applicable) 5a Name Martin Richmond 5b Business name (if applicable) Withers and Ravenel 5c Street address 115 MacKenan Drive 5d City, state, zip Cary, NC 27511 5e Telephone no (919) 469 -3340 (office) (919) 271 -0368 (mobile) 5f Fax no (919) 467 -6008 5g Email address mrichmond @withersravenel com Page 2 of 11 PCN Form — Version 1 3 December 10, 2008 Version B. Project Information and Prior Project History 1 Property Identification 1a Property identification no (tax PIN or parcel ID) 0764519222 000 1 b Site coordinates (in decimal degrees) Latitude 35 7864 Longitude - 78 7778 (DD DDDDDD) ( -DD DDDDDD) 1c Property size N/A — Linear Drainage Improvement Project 2. Surface Waters 2a Name of nearest body of water (stream, river, etc ) to Walnut Creek proposed project 2b Water Quality Classification of nearest receiving water Class C, NSW Stream Index 27- 34 -(1) 2c River basin --rNeuse Basin (HUC 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 Site is currently an existing private residence Surrounding area is urban developed existing residential /commercial use 3b List the total estimated acreage of all existing wetlands on the property N/A 3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property 55 If within project area 3d Explain the purpose of the proposed project Project involves upgrade of the existing stormwater collection system on and around the property 3e Describe the overall project in detail, including the type of equipment to be used Town of Cary will be removing an existing 60 feet of corrugated metal pipe and replacing with reinforced concrete pipe for improvements to the stormwater collection system to alleviate flooding This submittal is for impact to 12 linear feet of stream for purpose of constructing a dissipation pad at base of new pipe NO RIP RAP MATERIAL WILL BE PLACED IN THE RIPARIAN BUFFER 4. Jurisdictional Determinations 4a Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ®Yes El No El Unknown project (including all prior phases) in the pasty Comments 4b If the Corps made the jurisdictional determination, what type ® Preliminary ❑ Final of determination was made? 4c If yes, who delineated the jurisdictional areas? Agency /Consultant Company Withers & Ravenel Name (if known) Martin Richmond Other 4d If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation The waters were determined to be jurisdictional in an email from USACE (David Schaeffer) dated March 10, 2014 5. Project History 5a Have permits or certifications been requested or obtained for ❑ Yes ❑ No ® Unknown this project (including all prior phases) in the past? 5b If yes, explain in detail according to "help file" instructions Page 3 of 11 PCN Form — Version 1 3 December 10, 2008 Version 6. Future Project Plans 6a Is this a phased project? ❑ Yes ® No 6b If yes, explain Page 4 of 11 PCN Form — Version 1 3 December 10, 2008 Version C Proposed Impacts Inventory 1 Impacts Summary la Which sections were completed below for your project (check all that apply) ❑ Wetlands ® Streams -tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2 Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted 2a 2b 2c 2d 2e 2f Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non -404, other) (acres) Temporary T W1 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W2 ❑ P FIT ❑ 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 W6 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g. Total wetland impacts 2h Comments 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted 3a 3b 3c 3d 3e 3f 3g Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non -404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ® P ❑ T Rip -Rap UT to Walnut ® PER ® Corps 5 12 Dissipater Pad Creek ❑ INT ❑ DWQ 3h Total stream and tributary impacts 12 31 Comments Page 5 of 11 PCN Form — Version 1 3 December 10, 2008 Version 4 Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U S then individually list all open water impacts below 4a 4b 4c 4d 4e Open water Name of waterbody impact number — (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 01 ❑P ❑T 02 ❑P ❑T 03 ❑P ❑T 04 ❑P ❑T 4E Total open water impacts 4g Comments 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below 5a 5b 5c 5d 5e Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 5g Comments 5h Is a dam high hazard permit required ❑ Yes ❑ No If yes, permit ID no 51 Expected pond surface area (acres) 51 Size of pond watershed (acres) 5k Method of construction 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-Pam lico El Other Project is in which protected basin? ❑ Catawba ❑ Randleman 6b 6c 6d 6e 6f 6g Buffer impact number — Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary T impact required? 131 ❑P ❑T ❑Yes ❑ No B2 ❑P ❑T El Yes ❑ No B3 ❑P ❑T F1 Yes ❑ No 6h Total buffer impacts 61 Comments NO RIP RAP MATERIAL WILL BE PLACED IN THE RIPARIAN BUFFER Page 6 of 11 PCN Form — Version 1 3 December 10, 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a Specifically describe measures taken to avoid or minimize the proposed impacts in designing project Impact is result of the construction of dissipation pad as part of upgrade to the Town of Cary stormwater collection system The required footage was minimized by design to provide adequate diffusion lb Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques Construction will be through typical techniques Use of heavy equipment will be minimized 2. Compensatory Mitigation for Impacts to Waters of the U S. or Waters of the State 2a Does the project require Compensatory Mitigation for impacts to Waters of the U S or Waters of the State? ❑ Yes ® No 2b If yes, mitigation is required by (check all that apply) ❑ DWQ ❑ Corps 2c If yes, which mitigation option will be used for this projects ❑ Mitigation bank El Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a Name of Mitigation Bank 3b Credits Purchased (attach receipt and letter) Type Quantity 3c Comments 4. Complete if Making a Payment to In -lieu Fee Program 4a Approval letter from in -lieu fee program is attached ❑ Yes 4b Stream mitigation requested linear feet 4c If using stream mitigation, stream temperature ❑ warm ❑ cool ❑cold 4d Buffer mitigation requested (DWQ only) square feet 4e Riparian wetland mitigation requested acres 4f Non - riparian wetland mitigation requested acres 4g Coastal (tidal) wetland mitigation requested acres 4h Comments 5 Complete if Using a Permittee Responsible Mitigation Plan 5a If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan Page 7 of 11 PCN Form —Version 1 3 December 10, 2008 Version 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 buffer mitigation? ❑ Yes ❑ No 6b If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation Calculate the amount of mitigation required Zone 6c Reason for impact 6d Total impact (square feet) Multiplier 6e Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1 5 6f Total buffer mitigation required: 6g If buffer mitigation is required, discuss what type of mitigation is proposed (e g , payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund) 6h Comments Page 8 of 11 PCN Form — Version 1 3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 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? lb If yes, then is a diffuse flow plan included? If no, explain why Comments Project consists of maintenance of an existing stormwater collection ❑ Yes ® No system which does not require diffuse flow 2. Stormwater Management Plan 2a What is the overall percent imperviousness of this project? N/A % 2b Does this project require a Stormwater Management Plan? ❑ Yes ® No 2c If this project DOES NOT require a Stormwater Management Plan, explain why Project only involves direct impact to the stream channel for purpose of constructing dissipation pad 2d If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan ❑ Certified Local Government 2e Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a In which local government's jurisdiction is this project? ❑ Phase II 3b Which of the following locally - implemented stormwater management programs ❑ NSW ❑ USMP apply (check all that apply) ❑ Water Supply Watershed ❑ Other 3c Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 4 DWQ Stormwater Program Review ❑ Coastal counties ❑ 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 9 of 11 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? lb 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 ❑ Yes ❑ No letter ) Comments Not applicable 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 Project involves an upgrade to the Town of Cary existing stormwater collection system Approximately 60 feet of existing corrugated metal pipe will be replace with reinforced concrete pipe, with a dissipation pad to be installed at the base of the new pipe, resulting in a new impact 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 Page 10 of 11 PCN Form — Version 1 3 December 10, 2008 Version 5 Endangered Species and Designated Critical Habitat (Corps Requirement) 5a Will this project occur in or near an area with federally protected species or ❑ Yes ❑ No habitat? 5b Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ❑ No impacts? 5c If yes, indicate the USFWS Field Office ❑ Raleigh you have contacted ❑ Asheville 5d What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? 6 Essential Fish Habitat (Corps Requirement) 6a Will this project occur in or near an area El Yes ❑ No designated as essential fish habitat? 6b What data sources did you use to determine whether your site would impact Essential Fish Habitat? 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 status ❑ Yes ❑ No (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? 8 Flood Zone Designation (Corps Requirement) 8a Will this project occur in a FEMA- ❑ Yes ® No designated 100 -year floodplain? 8b If yes, explain how project meets FEMA requirements 8c What source(s) did you use to make the floodplain determination? Site survey Martin Richmond_ Authorized — March 20, 2014 Agent Date Applicant/Agent's Applicant/Agent's Signature Printed Name (Agent's signature is valid only if an authorization letter from the applicant is provided Page 11 of 11 PCN Form — Version 1 3 December 10, 2008 Version AGENT AUTHORIZATION WITHERS ar RAVEN EL ENGINEERS PLANNERS I SURVEYORS AUTHORITY FOR APPOINTMENT OF AGENT The undersigned municipality Town of Cary (Client) does hereby appoint Troy Beasley / Withers & Ravenel. Inc as his, her, or it's agent for the purpose of petitioning the appropriate local, state and federal environmental regulatory agencies (US Army Corps of Engineers, NC Division of Water Quality, NC Division of Coastal Management, local municipalities, etc ) for a) review and approval of the jurisdictional boundaries of onsite jurisdictional areas (wetlands, surface waters, riparian buffers, etc ) and /or, b) preparation and submittal of appropriate environmental permit applications /requests for the Waldo Street Drainage Improvement project. The Client does hereby authorize that said agent has the authority to do the following acts on behalf of the owner (1) To submit appropriate requests /applications and the required supplemental materials, (2) To attend meetings to give representation on behalf of the Client (3) To authorize access to subject property for the purpose of environmental review by appropriate regulatory agencies This authorization shall continue In effect until completion of the contracted task or termination by the Client Agent's Name, Address & Telephone Troy Beasley / Withers & Ravenel, Inc 1410 Commonwealth Drive, Suite 101 Wilmington, NC 28403 Date 3-/7—/4 Signature of Client (Nam - Print) (Title)IJ (Signature) Tel (910) 256 -9277 P0 i( SuS Mailing Address Al 6 Z 167Z -goo S City State Zip Phone "30 4 Z 39f_3 Z Email (�l`5l.1 LG &1 -I WKAC^ • ��� 115 MacKenan Drive 1 Cary, NC 27511 I tel.. 919 469 3340 1 fax. 919 467 -60081 www.withers raven el, com 1 License No. C -0832 1410 Commonwealth Drive 1 Suite 1011 Wilmington, NC 28403 1 tel 910 256 9277 1 fax. 910,256 2584 7011 Albert Pick Road I Suite G I Greensboro, NC 27409 1 tel. 336 605.3009 1 fax 919 467.6008 AERIAL PHOTOGRAPH USGS TOPO MAP WAKE CO. SOIL SURVEY M3 C. i W 0 *0 J � 1 U L Ly a J -a m J W Z" Y W` >' r W — Y W: Ic F� 0 0 J Q W Q Z= w� z • > 0 LL,z v 8 • Q 3 J Q F . e lvi . - 4. -�s *VOW w k v Wo r "t. r �r p ♦ o W - y D H " o U'�► CC At Ch'r L ZLLJ LLJ Ar O L AeNJIL ------- * U c I O m, II F- C G I K V � < Lc i, N. ti z. z uj 0 L) CC 0 a. -j i - I W!'t"�p.rz;wx Mlm- 'M& [M. U EMAIL FROM US ARMY COPRS OF ENGINEERS Beasley, Troy From: Shaeffer, David L SAW [David L Shaeffer @usace army mil] Sent: Monday, March 10, 2014 2 10 PM To: Richmond, Martin Cc: Beasley, Troy Subject: RE 216 Waldo Ave Cary - Pre - permitting request (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE Hi Martin, I concur. The project as described below qualifies for a non - reporting Nationwide Permit 18,. Sincerely, David L. Shaeffer, Geographer U.S. Army Corps of Engineers Raleigh,Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Phone:: 919 - 554 -4884 ext.. 31 Fax: 919 - 562 -0421 ----- Qriginal Message---- - From,: Richmond, Martin [ mailto :mrichmond@withersravenel.com] Sent: Thursday, March 06, 2014 2:18 PM To: Shaeffer, ,David L SAW Cc: Beasley, Troy Subject: [EXTERNAL] RE: 216 Waldo Ave Cary - Pre - permitting request (UNCLASSIFIED) David, We would like to update you on proposed Town of Cary stormwater improvements at 216 Waldo Street in Cary, NC. In your most recent email (Feb 19, 2014), it was noted that this impact would likely be covered under a Nationwide 18 Permit. Using this information, Withers & Ravene'l has surveyed the channel and would like to offer the following information: * Using the field survey information, the linear distance of channel to be impacted is 43 feet, situated entirely between the stormwater outfall and the existing pipe in the backyard of 216 Waldo Street. This'correlates to a calculated volume of approximately 8.5 cubic yards of fill proposed below the OHWM. Please note this calculated volume also includes the interior of the proposed pipe, which may not be considered fill material. * The Town is also proposing to install a dissipation pad constructed of rip rap material at the base of 'the existing pipe. Since this pad will be constructed with the rip rap material pushed into the stream substrate (see Dissipator Pad Detail on attached Impact Map), it is our understanding this will not constitute fill in the channel since the rip -rap will be placed below the existing stream bed and will not displace water within the channel, and as such, was not included in our calculations of fill below the OHWM. * According to the permit conditions, the NW 18 is applicable for activities requiring less than 2.5 cubic yards of fill below the OHWM. In addition, the activity is considered non - reportable if the amount of fill is below 10 cubic yards. Our calculations show the amount of fill material to be placed below the OHWM will be approximately 8.5 cubic yards, and will fall under the threshold for reporting, requirements under the NW18. * Additionally, in accordance with the NW18, the will be no loss of waters greater than 1/10 of an acre, no impacts to special aquatic sites including wetlands, ,and the discharged is not being placed for purpose of stream diversion. Therefore, it is W &R's assessment that the proposed project qualifies for a non - notifying NWP 18,, and submittal of a formal PCN is'not required. Will you please provide concurrence by responding to this email. I've attached a copy of the survey and proposed impacts. It is the intent of Town of Cary to move forward with this activity as soon as possible. We are currently coordinating requirements with NCDWR regarding this project. Please let me know if you have comments or questions or would like further information. 'Feel free to call me at 919 271 -0368 with questions. Thank you, Martin Richmond 2 1 Martin Richmond 115 MacKenan Drive I Cary, NC 27511 Phone.: 919•.469.3340 1 Fax: 919.467.6008 Direct: 919.535.5206 mrichmond @withersravenel.com www.withersravenel.com NOTICE OF CONFIDENTIALITY AND NONDISCLOSURE: This electronic message,, which includes any attachments and other documents referred to herein, contains information from Withers & Ravenel, Inc. that may be proprietary or confidential. The information is intended for the use of the addressee(s) only. If you are not the addressee,, note that any disclosure, copying, printing, distribution, or use of the contents of this message is prohibited. If you received this message in error, please advise the sender by reply and delete this electronic message and any attachments. COPYRIGHT NOTICE: Copyright 2014 Withers & Ravenel, Inc. All Rights Reserved by Withers & Ravenel, Inc. This electronic message, any attachments thereto and all documents referred to therein are provided for the recipient's information only, and no rights are licensed, transferred or otherwise granted by the transmission of this electronic message by Withers & Ravenel, Inc. or receipt of this message by the recipient or.any other party. - - - -- Original Message-,--- - From,: Shaeffer, David L SAW [mailto: David .L.Shaeffer @usace.army.mil] Sena: Wednesday, February 19, 2014 &:39 AM To: Richmond, Martin; Smith, Cherri L Subject: RE:,216 Waldo Ave Cary - Pre - permitting request (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE Hi Martin, 3 It looks jurisdictional to me. It wouldn't be�a maintenance permit. We could probably use a NWP 18,. You might not need to submit a PCN depending on how much fill is involved. NWP 18 allows up to 25 cubic yards below OHWM. If the discharge below OHWM is greater than 10 cubic yard's you will have `to submit a PCN,. Also, have you seen the new ]D request form? You can download it from here: http: / /www.saw.usace.army.mil/ Missions/ RegulatoryPermitProgram /lurisdiction.aspx I would suggest using that in the future. Thanks, Dave - - - -= Original Message---- - From: Richmond, Martin [ mailto ,:mrichmond @withersravenel.com] Sent: Tuesday, February 18, 2014 3:54 PM, To: Shaeffer, David L SAW; Smith, Cherri L Subject: [EXTERNAL] RE: 216 Waldo Ave Cary - Pre - permit -t -ing request (UNCLASSIFIED) David / Cherri, I ran by the drainage at Waldo Street this afternoon and grabbed a few pictures, I "ve attached a brief photo record for your enjoyment, along with a topo quad and soil survey of the subject property... I think it's possible this feature could score out as a stream on the DWQ scoring sheet, and it may have OHWM; however,, you can probably tell from the pits that'the drainage has been filled over time with miscellaneous debris, in some failed stabilization attempts. The flooding of the last few weeks was not noted today. The channel was flowing runoff, but today you could see more of the fill material in the channel and along the,embankment. One picture shows a debris line up the embankment a few feet. When I was out there (Feb 4th, two 4 weeks ago), it was under rainy conditions, and the water was ;backing,up and submerging the outfall, forming a small pool covering much of the reach and surging through the backyard pipe. I thought it looked somewhat dangerous on that day. My thinking is, the piping of this stretch could be considered exempt from permitting requirements due to the fact that the drainage has already been impacted by'the fill debris,, to the extent where a permit would have been required in the past for this activity. In other words I it's possible that piping this stretch could be considered a form of maintenance of a pre- existing impact. The Town would like to pipe this stretch to alleviate the backing up of water between the two ex- isting sections of pipe. Which brings us to the Big Question: Would a permit be necessary to accomplish this? Take a look at the attachments, and let me know what you guys think. If you want to meet out there, I can make that work at,your convenience,. If you have questions, call me on my Hotline at (919`) 271 -0368. Thanks much, Martin Martin Richmond 115 MacKenan Drive I Cary, NC 27511 Phone °: 919.469.3340 1 Fax: 919.4'67.6008 Direct =: 919.535.5206 mrichmbnd @wthersravenel.com www.withersravenel.com NOTICE OF CONFIDENTIALITY AND NONDISCLOSURE: This` electronic message, which includes any attachments and other documents referred to herein, contains information from Withers & 5 Ravenel,, Inc. thaf,may be proprietary or confidential. The information is intended for the use of the addressee(s) only. If you are not the addressee,, note that any disclosure, copying, printing, distribution, or use of the contents of this message is prohibited. Ifyou received this message in error, pleas& advise the sender- by reply and delete this electronic message and any attachments. COPYRIGHT NOTICE: Copyright 2014 Withers & Ravenel, Inc. All Rights,Reserved by Withers & Ravenel, Inc. This electronic message, any attachments thereto and all documents referred to therein are provided'for the recipient's information only, and no rights are licensed, transferred or otherwise granted by the transmission of this electronic message by Withers & Ravenel, Inc., or receipt of this message by the recipient or any other party. - - - -- Original Message---- - From': Shaeffer, David L SAW [mailto: David .L.Shaeffer@usace.army.mil] Sent: Tuesday, February 18,, 2014 10:06 AM Tov Richmond, Martin; Smith, Cherri L Subject: RE: 216 Waldo Ave.Cary - Pre - permitting request (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE Hi Martin, As much 'as I love seeing you (and it has been a while,), this, one sounds pretty straight forward in terms of jurisdiction. I trust you. Perhaps a site visit is not necessary. Can send me some photographs before I commit to a site visit? It would also be helpful to have some photographs of the flooding issue. I think the slightly harder part is trying to figure out how we permit the piping of the stream. Where do you get aerial imagery from 81? Dave 6 - - - -- Original Message---- - From: Richmond, Martin [mailto:mrichmond @withersravenel.com] Sent: Monday, February 17, 2014 4:12 PM To: Smith,, Cherri L Cc: Shaeffer, David L SAW Subject: [EXTERNAL] Re: 216 Waldo Ave Cary - Pre- permitting request Thank you, Cherri,... Wednesday is probably no good for me, the others are fine. We'll see what David says,... Thanks again, _ Martin Sent by my iThing > On Feb 17,2014, at,3:53 PM, "Smith', Cherri L" <cherri.smith @ncdenr.gov> wrote:- > Hi Martin, > This week I have Wednesday, Feb. 19 in the afternoon and Friday, Feb. 21. Next week I have Tuesday, Feb. 25 in the afternoon and Friday, February 28. Just let me know when you hear from David. If we need to schedule something past these next two weeks, I can provide additional dates. Thanks. > Cherri > - - - -- Original Message - - - -- > From: Richmond, Martin [ mailto :mrichmond @withersravenel.com] > Sent: Monday, February 17, 2014 8:47 AM 7 > To: David .L.Shaeffer @usace.army.mil; Smith, Cherri L > Cc: Beasley, Troy > Subject: 216 Waldo Ave Cary - Pre - permitting request > David / Cherri, good morning... > I'd like to invite you two to look at a very short segment of potential modified stream in the Town of Cary. > The segment is located directly behind a private residence at 216 Waldo Ave in Cary, very close to the old downtown area. There is a series of existing stormwater pipes which collect drainage upgradient throughout the area and then discharge behind the Waldo Ave residence. As best I could tell, all existing drainages leading to this point are either piped or ephemeral drainages - no apparent streams leading into the existing stormwater network. > At the outfall of the stormwater, pipe(s), there is a short segment of modified drainage - depicted on the GIS and Wake Co Soil Survey Sheet 57.'This drainage has been maintained over time through use of rip rap and other debris like broken concrete, etc. > The modified drainage goes for approximately 50 ft, then flows into another stormwater pipe approximately 100 ft long - in the backyard of 216 Waldo. I believe this pipe is visible on the Aerial photo from 1981. The house was built in 1980, it's possible the piping of the stream was part of the construction -. > With the recent heavy rains /snows, etc, this short open stretch of modified drainage has created some flooding issues, with water backing up onto the neighboring property. The Town of Cary has contracted Withers & Ravenel to explore possible options for relief. > The most obvious way to address,the flooding issues, is the look at the possibility of piping the exposed section and adding this section'to the existing stormwater network. For that reason, we would like to request a pre - permitting conference- at your convenience - to determine potential state and federal requirements -. > I've attached a quick pdf of the site from Wake County GIS. 9 8 > Please let me know if you available for this... the site is a typical backyard and should take approximately 5 minutes... You don't even need boots for this one. > Feel free to call me if you-have questions about this (919) 271 -0368 M > Thanks, Martin > Martin Richmond > Environmental Scientist > Withers & Ravenel > 115 MacKenan Drive > Cary, NC 27511 > (919) 469 -3340 office > (919) 467- 6008,fax > www.,wthersravenel.com Classification: UNCLASSIFIED Caveats: NONE Classification: UNCLASSIFIED Caveats: NONE 9 Classification: UNCLASSIFIED Caveats: NONE 10 EMAIL FROM NC DIVISION OF WATER RESOURCES Richmond, Martin From: Smith, Chern,L [chern smith @ncdenrgov] Sent: Wednesday, February 19, 2014 12-47 PM To: Shaeffer, David L SAW, Richmond, Martin Subject: RE 216 Waldo Ave Cary - Pre - permitting request (UNCLASSIFIED) Martin, As long as the impact is less than 150 linear feet, you would not need to get written concurrence from DWR for Water Quality Certification #'3890. Cherri - - - -- Original Message---- - From: Shaeffer, David L SAW [mailto: David .L.Shaeffer @,usace.ar- my.mil] Sent: Wednesday, February 19, 2014 8:39 AM To: Richmond, Martin; Smith, Cherri L ,Subject- RE,: 2,16 Waldo Ave Cary Pre- permitting request (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE Hi Martin, It looks jurisdictional to me. It wouldn't be a maintenance permit. We could probably use a NW,P 18. You might not need to submit ,a PCN depending on how much fill is involved. NWP 18 allows up to 25 cubic yards below OHWM. If the discharge below much-fill is greater than 10 cubic yards you will have to submit a PCN. Also, have you ,seen the new J0 request form? You can download it from here: http: / /www.saw.Usace.army.mil/ Mission s/ Regula` toryPermit2rogram /Jurisdiction.aspx I would suggest using that in the future. Thanks, Dave - - - -- Original Message---- - From: Richmond, Martin [ mailto :mrichmond @withersravenel.com] Sent: Tuesday, February 18, 2,014 3:54 PM To,: Shaeffer, David L SAW; Smith, Cherri L Subject: ['EXTERNAL] RE: 216 Waldo Ave Cary - Pre - permitting request (,UNCLASSIFIEDw) David /Cherri,, I ran by'the dra °inage at Waldo Street 'this afternoon and grabbed a few pictures, I''ve attached a brief photo record for your enjoyment, along with a topo quad and soil survey of the subject property... I think it's possible this feature could score out a -s,a stream on the DWQ scoring sheet, and it may have OHWM- however, you can probably tell from the pics that the drainage has been filled over time with miscellaneous debris, in some failed stabilization attempts. The flooding, of t'he last few we'dks was not noted today. The channel was flowing runoff, but today you could see more of the fill material in the channel and along the embankment. One picture shows a debris line up the embankment a few feet. When I was out there (Feb 4th, two weeks ago), it was under rainy conditions, and the water was backing up and submerging the outfall, forming a small pool covering much of the reach and surging through the backyard pipe. I thought it looked somewhat dangerous on that day. My thinking is, the piping of this stretch could be considered exempt from permitting requirements due to the fact that the drainage has already been impacted by the fill debris, to the extent where a permit would have been required in t-he past for this activity. I-n other words, it's possible that piping this stretch could be considered a form of maintenance of a pre-existing impact. The Town would like to pipe this stretch to alleviate the backing up of water between the two existing sections of pipe. Which brings us to the Big Question: Would a permit be necessary to accomplish thl's? Take a look at the attachments, and let me know what you guys think. If you want to meet out there, I can maske that work,at your-convenience. If you'have questions, call me on my Hotline at (_919) 271 -0368. Thanks much, Martin Martin Richmond 115 Ma "cKenan Drive I Cary, NC 27511 Phone: 919.469.3340 1 Fax: 919.467.6008 Direct: 919.535.5'206 mri.chmond @withersra,venel.,com www. wi,thersravenel .,com NOTICE OF CONFIDENTIALIT,Y AND NONDISCLOSURE: This electronic message, which includes any attachments and other documents referred to herein, contains information from Withers & Rav,enel, Inc,: that may be proprietary or confidential. The information is intended for the use of the addres'see(s) only. If you are not the addressee, note that any disclosure, copying, printing, distribution, or use of the contents of this message is prohibited. If you received this message in error, please advise the sender by reply and delete this electronic messa_g,e and any attachments. COPYRIGHT NOTICE: Copyright 2014 Withers & Ravenel, Inc. All Rights Reserved by Withers & Ravenel, Inc. This electronic message, any attachments thereto and all documents referred to therein are provided for the recipient's information only, and no rights are licensed, transferred or otherwise granted by the transmission of this electronic message by Withers & Ravenel, Inc. or receipt of this message by the recipient or any other party. - - - -- Original Message---- - From: Shaeffer, David L SAW [mailto: David .L.Shaeffer @usace.army.mil] Sent:, Tuesday, February 18, 2014 10:06 AM To: Richmond, Martin; Smith, Cherri L Subject: RE: 216`Waldo Ave Cary - Pre - permitting request (UNCLASSIFIED`) Classification: UNCLASSIFIED Caveats: NONE Hi Martin, As much as I love seeing you (and it has been a while), this one sounds pretty straight forward in terms of Jurisdiction. I trust you. Perhaps a site visit is not necessary. Can send me some photographs before I commit to a site visit? It would also be helpful to have some photographs of the flooding issue. I think the slightly harder part is trying to f- igure out,how we permit t -he piping of the stream. Where do you get aerial imagery from 81? Dave - - - -- Original Message---- - From. Richmond, Martin [ mailto :mrichmond @withersravenel.com] 2 Sent: Monday, February 17, 2,014 4:12 PM To: Smith,, Che'fr,i L ,Cc: Shaeffer,, David L 'SAW - Gubject: [EXTERNAL] Re: 216 Waldo Ave Cary - Pre - permitting request Thank you; Cherri... Wedn(fsday, is probably no good for m`e, the others ar-,e fine. We' -1 -1 see what Da "vd says, . . 'Thanks again, Martin Sent by' my !Thing > Orn Feb 17„ 2'0'14,, at 3:53 PM, "Smith, Cherri L" <'cherri . smi<th @ncdenr. gov> wrote;: > Hi Martin, > 'T,h,is, week I have Wednesday, Feb. 19 in the afternoon ,and Friday, Feb,., 2l. Next week I have Tuesday,, Feb -. 25 in the, afternoon and Friday, February 2,8'. Just let me. know, when you hear f -rom David. I_ ,f= we need t'o schedule some,thi`ng past these next two weeks, I can ;provide ad'dit °tonal �d'ates : Thanks. > C_herri. > - - OriEginal Message=--- - > From: R-lehmond, Martin [ mail- to:` inrichmond @withersraVehel,.com] Sent: Monday, Eebruary 17, 2014 8:47' AM > To,: `David,. L -. Shaeffer @)u'sace:. ar-my.,m-ll,; Smit -h, Cherri L > Cc,: Beasley, Troy > Subj -ect:, 2'16 Waldo, Ave 'Cary - Pi ",e, permitting request > David/,Cherri, good morning... > I'd 11-ke to' ithvite you two to look at a very short segment of po.ten't'ial modified stream in the Town of Cary. > 'The segmen =t is, located ditectl�y behand a pri-vate r °es,idence a =t 216, Wa "ldo Ave in Car -y,, very close to the old downtown area. There, is a� series of existing st'or-mwate'r pipes ,which collect drainage upgrad'- --lent throug,hout the area and then discharge beh%ndathe Waldo Av& residence. As best I could tell„ all existing drainages leading to this point are, either piped 'or ,epheme�ra`l �drai-n`ages - no apparent str-eams leading into the exisfihng stormwa =ter network. > 'At, the outfall of the stormwa,ter pipe (,$) , there is a short segment of modified drainage - depicted .on t'Ize GIS and Wake, Co Soil Survey Sheet 57. This drainage has been maintained over time through use o,f rip rap and other debris Pike brtoken concrete, etc.. > The ,modified drainage goes for approX-lmatelq 5'0 ft, then flows into another stormwate'r pipe - approximately 100 ft long = in the backyard of 2'1,6 Waldo. I believe this pipe is visible on the, Aerial photo from 1`981. The house was built -in 19810, it's possible the piping of the, st -r,eam was part of the construction., > With the recent 'heavy rains /snows, etc„ this short open stretch of modified' drainage has created some flooding issues; with water backing up onto, the 'neighboring, property., The Town of Cary_, has contracted Withers & R'avenel-, to explore, ,pos,sible optipTvs for relief. . > ,The most obvio,u's way to address the flooding issues is the lo,o,k at the possibility, of p'-lping the exposed section and adding this section to the existing stormwater network,. For that reason, we�would like to request a pre-permitting conference- at your convenience - to determine pptential state a -nd federal requirements. > I "ve, attached a, quick pdf of t$he site from Wake County GI'S. Please let me, know' if you available for this,... the site is a t-yp�ical backyard and' should take approximately 5 minutes.,.. You don't 'even need boots for this one. > Feel free to call me, if you have quest-lgns about this (,919) 27`'1 -0368 > C > Thanks, Martin > Mar-tin Richmond > Environmental Scientist > Withers & Ravenel > 115 MacKenan Drive > Cary, NC 27511 > (919) 469 -3340 office > (919) 467 -6008 fax > www.withersravenel.com Classification:, UNCLASSIFIED Caveats: NONE 'Cla,ssifi. cation:, UNCLAS'SI,FIED ,Caveats: NONE 4 IMPACT EXHIBIT 0 a�a< O� r % Q z CL a KioO d �o uu — W ... I I I ► � � I \ I \ \ I N H H I % zuzW Q J / UQM04 I <� to ZI / ~ n ��w la�i a- n� 13> i to LLJ in cr / N ii W CD I: I Cl ❑ / / \\ Iz- a _ - W- I a p / Q< LLJ s \ tau LLj noonCO �¢ tto / SD n� JI bm Q -0 +QZ Li rr i i —td's � / 0 i j a ry II �n 0 O MOD =Y �UW�K U� _ oa _0 ZI aC� \ a. V) 00 03 as a I V' dAl l �Fi Z a: �wo. ¢ ~ W a= 0 a�a< O� r % Q z CL a KioO d �o uu — W ... 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