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HomeMy WebLinkAbout20140646 Ver 1_401 Application_20140614HAZEN AND SVVER Environmental Engineers & Scientists June 24, 2014 NC DWR 401 & Buffer Permitting Unit Attn: Karen Higgins 1617 Mail Service Center Raleigh, NC 27699 -1617 Hazen and Sawyer, P.C. 4011 WestChase Blvd. Raleigh, NC 27607 919 -833 -7152 Fax: 919- 833 -1828 Re: Riparian Buffer Authorization, Cary- Raleigh Water Supply Interconnections Project — Phase I, Town of Cary, Wake County, North Carolina Dear Ms. Higgins, Please find attached the Pre - Construction Notification (PCN) Application for Riparian Buffer Authorization for the above referenced project. The Town of Cary is installing intraconnections and interconnections between two Town of Cary water mains. The connections are being installed to strengthen water availability to Wake County, Cary, Raleigh, and Holly Spring municipal water users. Land disturbance associated with the intraconnections and interconnections is minimal.One of the connection sites, the Birkhaven Site, which is depicted on Sheet C -02 of the attached plans, is located adjacent to a blue line intermittent stream, an unnamed tributary (UT) to Swift Creek. The location of the existing water mains relative to the UT to Swift Creek requires project work to be performed within Zone 1 and Zone 2 of the riparian buffer. At present, the existing easement contains woody vegetation that will be removed during construction. As required by the North Carolina Department of Environment and Natural Resources, the post- construction easement over the pipe will be maintained as a mowed, herbaceous community to allow for future access to the water main. If you have any questions or require additional information, please contact me at 919.863.9256. Thank you for your assistance. Sincerely, HAZEN AND SAWYER, P.C. JUN 2 4 2014 t NR - WA 'P QUtIIT� t Linda Diebolt Senior Principal Scientist Attachments New York, NY - Armonk, NY - Woodbury, NY - Detroit, MI - Raleigh, NC - Charlotte, NC - Atlanta, GA - Fairfax, VA - Hollywood, FL - Boca Raton, FL - Fort Pierce, FL - Sarasota, FL - Miami, FL - Philadelphia, PA 20140646 O�O� W ATF�OG 1 1 > Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Page 1 of 10 PCN Form — Version 1.4 January 2009 Pre - Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: ❑ Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes ❑ No 1 d. 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 [j] 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 ❑z No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h below. ❑ Yes [E] No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ❑ No 2. Project Information 2a. Name of project: Cary- Raleigh Water Supply Interconnections Project - Phase I 2b. County: Wake 2c. Nearest municipality / town: Cary 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Inn 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): 4``-- - -.� 3d. Street address: L 1T 3e. City, state, zip: VV N? - WA R- 3f. Telephone no.: - "`�r"' ,.Brant) ; 3g. Fax no.: 3h. Email address: Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a Applicant is ❑ Agent [E] Other, specify Municipality 4b Name Stephen Brown, P E , Director of Water Resources 4c Business name (if applicable) Town of Cary 4d Street address P O Box,8005 / 316 N Academy Street 4e City, state, zip Cary, NC 27512 4f Telephone no 919 462 3830 4g Fax no 919 450 4935 4h Email address stephen brown @townofcary org 5. Agent/Consultant Information (if applicable) 5a Name Linda Diebolt 5b Business name (if applicable) Hazen and Sawyer 5c Street address 4011 WestChase Boulevard, Suite 500 5d City, state, zip Raleigh, NC 27607 5e Telephone no 919 863 9256 5f Fax no 919 833 1828 5g Email address Idiebolt @hazenandsawyer com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a Property identification no (tax PIN or parcel ID) 652- 00000 -0199 1b Site coordinates (in decimal degrees) Latitude 35 71506 Longitude -78 754768 1c Property size 01 acres 2. Surface Waters 2a Name of nearest body of water to proposed project LIT to Swift Creek 2b Water Quality Classification of nearest receiving water WS -III, NSW 2c River basin Neuse 3. Project Description 3a Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application The site consists of maintained and non - maintained water main / roadway easement along Holly Springs Road Holly Springs Road abuts the site to the west, beyond which is a residential neighborhood with single - family dwellings The area north, south, and east of the site consist of undeveloped, wooded areas 3b List the total estimated acreage of all existing wetlands on the property 0 3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property 0 3d Explain the purpose of the proposed project The project purpose is to mtraconnect two Town of Cary water mains in order to strengthen water availability to Wake County, Cary, Raleigh,,and Holly Spring users The project in its entirety consists of numerous intraconnections and two interconnections 3e Describe the overall project in detail, including the type of equipment to be used The project includes open cutting the areas in which the intraconnection and new pipe segment will be installed Equipment to be used includes backhoe, frontend loader, dump truck, and compactor 4. Jurisdictional Determinations 4a Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? ❑ Yes ❑x No ❑ Unknown Comments 4b If the Corps made the jurisdictional determination, what type of determination was made? ❑ Preliminary ❑ Final 4c If yes, who delineated the jurisdictional areas? Name (if known) Agency /Consultant Company Other 4d If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation S. Project History 5a Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑Yes No ❑ Unknown 5b If yes, explain in detail according to "help file" instructions 6. Future Project Plans 6a Is this a phased project? Q Yes ❑ No 6b If yes, explain The,project is phased since,a portion of the planned intraconnections /interconnections cannot be made at this time since construction of the developments to which the water will be provided have not been completed Page 3 of 10 PCN Form — ,Version 1 4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary la Which sections were completed below for your project (check all that apply) ❑ Wetlands ❑ Streams — tributaries [F] 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 Wetland impact number Permanent (P) or Temporary 2b Type of impact 2c Type of wetland 2d Forested 2e Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f Area of impact (acres) W1 - Choose one Choose one Yes /No - W2 - Choose one Choose one Yes /No - W3 - Choose one Choose one Yes /No - W4 - Choose one Choose one Yes /No - W5 - Choose one Choose one Yes /No - W6 - Choose one Choose one Yes /No - 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 Stream impact number Permanent (P) or Temporary (T) 3b Type of impact 3c Stream name 3d Perennial (PER) or intermittent (INT)? 3e Type of jurisdiction 3f Average stream width (feet) 3g Impact length (linear feet) S1 - Choose one - - S2 - Choose one - - S3 - Choose one - - S4 - Choose one - - S5 - Choose one - - S6 - Choose one - - 3h Total stream and tributary impacts 31 Comments Page 4 of 10 PCN Form — Version 14 January 2009 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 indiv ually list all open water impacts below 4a Open water Impact number Permanent,(P) or Temporary 4b Name of waterbody (if applicable) 4c Type of Impact 4d Waterbody type 4e Area of Impact (acres) 01 - Choose one Choose 02 - Choose one Choose 03 - Choose one Choose 04 - Choose one Choose 4f Total open water impacts 4g Comments S. 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 P1 Choose one P2 Choose one 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) 5j 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. Project is in which protected basin? ❑x Neuse ❑ Tar - Pamlico ❑ Catawba ❑ Randleman ❑ Other 6b Buffer Impact number — Permanent (P) or Temporary 6c Reason for Impact 6d Stream name 6e Buffer mitigation required? 6f Zone 1 impact (square feet ) 6g Zone 2 impact (square feet 131 P Construction &maintenance UT to Swift Creek Yes 1,270 B2 P Construction &maintenance UT to Swift Creek No 465 B3 - Yes /No B4 - Yes /No B5 - Yes /No B6 - Yes /No 6h Total Buffer Impacts: 1,270 465 61 Comments � Impacts,to Zones 1 and 2 will occur during construction activities within the existing easement Upon completion of construction, the portion of the existing easement within the area of construction that is located within Zones 1 and 2 will remain cleared, as required by the state of North Carolina D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a Specifically describe measures taken to avoid or minimize the proposed impacts in designing project The limits of disturbance were decreased to the extent feasible lb Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques Construction activities will be performed from the existing roadway, Holly Springs Road, to the extent feasible 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? [E] Yes ❑ No 2b If yes, mitigation is required by (check all that apply) Q DWQ ❑ Corps 2c If yes, which mitigation option will be used for this project? ❑x Mitigation bank El Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a Name of Mitigation Bank WEI - Buck Swamp Nutrient Mitigation Bank 3b Credits Purchased (attach receipt and letter) Type Choose one Type Choose one Type Choose one Quantity Quantity 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 Choose one 4d Buffer mitigation requested (DWQ only) 3,810 square feet 4e Riparian wetland mitigation requested acres 4f Non - riparian wetland mitigation requested acres 4g Coastal (tidal) wetland mitigation requested acres 4h Comments In -lieu fee mitigation approval letter will be provided upon receipt from EEP S. 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 6 of 10 PCN Form — Version 14 January 2009 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 z 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 Construction and maintenance 1,270 3 (2 for Catawba) 3,810 Zone 2 15 6f Total buffer mitigation required: 3,810 6g If buffer mitigation Is required, discuss what type of mitigation Is proposed (e g , payment to private mitigation bank, permlttee responsible riparian buffer restoration, payment Into an approved In -lieu fee fund) Mitigation (3,810 square feet) is being secured from Wildlands Engineering, Inc ,s Buck Swamp Nutrient Mitigation Bank A copy of the transfer letter will be,forwarded to DWR upon its receipt, which is anticipated to be received in the very near future A copy of the transfer letter from WIdlands Engineering, Inc will be forwarded to DWR upon its receipt, which is anticipated to be 6h Comments received in the very near future Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan la Does the project include or is it adjacent to protected riparian buffers identified ❑x 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 Project work will occur within a very short time -frame and seeding of the disturbed areas will occur ❑ Yes ❑x No immediately upon completion of construction activities 2. Stormwater Management Plan 2a What is the overall percent imperviousness of this project? 0 2b Does this project require a Stormwater Management Plan? ❑ Yes x❑ No 2c If this project DOES NOT require a Stormwater Management Plan, explain why No new impervious surface will occur from implementation of the protect 2d If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan 2e Who will be responsible for the review of the Stormwater Management Plan? 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 ❑ 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 ❑ Yes ❑ No attached? S. 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 8 of 10 PCN Form — Version 1 4 January 2009 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? 1b If you answered "yes" to the above, does the project require preparation of an ❑Yes No environmental document pursuant to the requirements of the National or State (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 C] No letter ) Comments 2. Violations (DWQ Requirement) 2a is the site In violation of DWQ Wetland Rules (15A NCAC 2H 0500), Isolated Wetland Rules (15A NCAC 2H 1300), DWQ Surface Water or Wetland Standards, ❑Yes ®No or Riparian Buffer Rules (15A NCAC 2B 0200)? 2b Is this an after- the -fact permit application? El 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 El Yes ❑X 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 The development for which the project is being constructed has either already occurred or has been approved 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 No wastewater is being generated by the project Page 9 of 10 PCN Form — Version 14 January 2009 S. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a Will this project occur in or near an area with federally protected species or habitat? ❑ Yes ❑ No 5b Have you checked with the USFWS concerning Endangered Species Act impacts? ❑ Yes ❑ No 5c If yes, Indicate the USFWS Field Office you have contacted - 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 designated as essential fish habitat? ❑ Yes ❑ No 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 (e g , National Historic Trust designation or properties significant in North Carolina history and archaeology)? ❑ Yes ❑ No 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 - designated 100 -year floodplain? ❑ Yes ❑ No 8b If yes, explain how project meets FEMA requirements 8c What source(s) did you use to make the floodplain determination? Online FEMA data Stephen Brown, P E Applicant/Agent's Printed Name (2-4 604 Date Appli ant/Agent' ignature (Agent's signature is vale my if an authorization letter from the applicant is provided Page 10 of 10