HomeMy WebLinkAbout20150991 Ver 1_401 Application_20150915September 22, 2015
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WATER RESOURCES DEPARTMENT
NC DWR — 401 and Buffer Permitting Unit
161.7MSC 2 0 1 5 0 9 9 1
Raleigh, NC 27699 -1617
ATT: Karen Higgins
RE: Evans Road Sewer Rehabilitation
1400 Aviation Parkway — PIN 0756800223
Dear Ms. Higgins:
Enclosed is a completed PCN for a sanitary sewer line rehabilitation project off Evans
Road in Cary. The existing sewer -line is over 20 years, old and is deteriorating. The
purpose for the project is to rehabilitate the existing sewer line in place.
The - Crabtree Creek interceptor runs through riparian wetlands parallel to Crabtree
a Creek. ;Wetlands include primarily Bottomland Hardwood Forest, with- scattered,,areas
:.= of Non -Tidal Freshwater Marsh. The existing easement is maintained herbaceous
vegetation. All streams from upland areas splay out into the floodplain wetlands, and
`no channels cross the existing easement, so no buffer or stream impacts will occur as
part of this project.
- The project will involve placement of temporary fill in 0.09 acres of wetlands for the
purpose of constructing an access ramp onto the easement from Evans Road.
' irni ed tree cutting may be necessary along the ramp and easement to avoid driving
heavy'equipment over the existing sewer pipe.
Please feel free to contact me at (919) 462 -3931 or Project Manager Lynn Brilz at
(919) 460 -1047 if you have any questions regarding this application or project.
Eric W. K
Environm
cc: File Copy
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RECEIVED
SEP 2 4 2015
DENR -LAND QUALITY
STORMIWAT`R PERMITTING
TOWN Of GARY
316 North Academy Street • Cary, NC 27513 • PO Box 8005 • Cary, NC 27512 -8005
te1919 -469 -4030 • fax 919- 460=4935 •,www.townofcary.org
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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Pre - Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the Corps: I ❑X Section 404 Permit ❑ Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: 12 or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps? I ❑X Yes ❑ No
1d. Type(s) of approval sought from the DWQ (check all that apply):
❑X 401 Water Quality Certification — Regular
❑ 401 Water Quality Certification — Express
❑ Non -404 Jurisdictional General Permit
❑ Riparian Buffer Authorization
1 e. Is this notification solely for the record For the record only for DWQ
because written approval is not required? 401 Certification:
❑ Yes X❑ 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.
1g. Is the project located in any of NC's twenty coastal counties. if yes, answer 1h
below.
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
2. Project Information
2a. Name of project: Evans Road Sewer Rehabilitation
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: Wake County
3b. Deed Book and Page No. 003006/00246
3 R bi P f I I C if
For the record only for Corps Permit:
❑ Yes ❑ No
[] Yes ❑ No
E] Yes ❑ No
❑ Yes ❑X No
c. esponsi a arty (or Christopher Snow - Director, Wake Co. Parks, Recreation & Open Space
applicable).
3d. Street address:
P.O. Box 550
3e. City, state, zip:
I Raleigh, NC 27602 -0550
3f. Telephone no.:
1 919 - 856 -6170
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 ❑X Other, specify: Owner of Sewer Line /Easement Holder
4b. Name:
Steve Brown, P.E. - Director of Water Resources
4c. Business name
Town of Cary
(if applicable):
4d. Street address:
P.O. Box 8005/316 N. Academy Street
4e. City, state, zip:
Cary, NC 27512 - 8005 /Cary, NC 27513`
4f. Telephone no.:
(919) 462 -3830
4g. Fax no.:
4h. Email address:
Steve.Brown @townofcary.org
5. Agent/Consultant Information
(if applicable)
5a. Name:
5b. Business name
(if applicable):
5c. Street address:
5d. City, state, zip:
5e. Telephone no.:
5f. Fax no.:
5g. Email address:
Page 2 of 10
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
1 b. Site coordinates (in decimal degrees): I Latitude: 35.8287
1c. Property size:
2. Surface Waters
PIN #0756800223
Longitude: - 78.8088
863.5 acres
2a. Name of nearest body of water to proposed project: Crabtree Creek
2b. Water Quality Classification of nearest receiving water: C; 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 Crabtree Creek interceptor is an existing sanitary sewer line which runs through riparian wetlands parallel to Crabtree Creek. Wetlands include
primarily Bottomland Hardwood Forest, with scattered areas of Non -Tidal Freshwater Marsh. Hydrology is augmented by the backwater of Lake
Crabtree which is located immediately downstream from the project area The existing easement is maintained herbaceous vegetation.
3b. List the total estimated acreage of all existing wetlands on the property: 330
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property. 2,400
3d. Explain the purpose of the proposed project:
The existing sewer line is over 20 years old and is deteriorating the project involves rehabilitating the existing line
3e. Describe the overall project in detail, including the type of equipment to be used:
See Attachment A
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the ❑ Yes ❑X No ❑ Unknown
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past? 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? AgencyiConsujtant Company:
Name (if known): Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Entire project area assumed to be wetlands. James Graham (NCDWR) visited the site on 11/14/14 for the purpose of identifying stream features that
may be subject to the Neuse Buffer Rules. All features shown crossing the easement on the maps were determined to be wetlands (Attachment B)
5. Project History
5a. Have permits or certifications been requested or obtained for El Yes ❑ No M (Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project?
6b. If yes, explain.
❑ Yes ❑X No
Page 3 of 10
PCN Form — Version 1 4 January 2009
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑X 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 impact Type of wetland
Forested Type of jurisdiction
Area of
number
Corps (404,10) or
impact
Permanent (P) or
DWQ (401, other)
(acres)
Temporary (T)
width
W1 T Fill Bottomland Hardwood Forest
No Corps
0.09
W2 Choose one Choose one
Yes /No -
S1
W3 Choose one Choose one
Yes /No -
W4 Choose one Choose one
Yes /No -
Choose one
W5 Choose one Choose one
Yes /No -
W6 Choose one Choose one
Yes /No -
-
2g. Total Wetland Impacts: I
0.09
2h. Comments:
S5
Wetlands within the existing sanitary sewer easement are herbaceous maintained areas Project
impacts are limited to fill associated with the
construction of a temporary ramp /access road down to the site from Evans Road. Limited tree cutting may be necessary along the ramp and easement
to avoid driving heavy equipment over the existing sewer pipe
Choose one
-
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 (PER) or Type of Average
Impact
number
intermittent (INT)? jurisdiction stream
length
Permanent (P) or
width
(linear
Temporary (T)
(feet)
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
3i. Comments:
No stream impacts are anticipated, as no stream channels cross the sanitary sewer easement Features shown on the maps splay out into wetlands
as they enter the Crabtree Creek floodplain.
Page 4 of 10
PCN Form — Version 1.4 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 individually list all open water impacts below.
below. If any impacts require mitiqation, then you MUST fill out Section D of this form.
4a. 4b. 4c.
4d. 4e.
Open water Name of waterbody
6d. 6e. 6f 6g.
impact number (if applicable) Type of impact
Waterbody Area of impact (acres)
Permanent (P) or
type
Temporary (T)
required? (square (square
01 Choose one
Choose
02 Choose one
Choose
03 Choose one
Choose
04 Choose one
Choose
4f. Total open water impacts
4g. Comments:
B5 I
5. Pond or Lake Construction
B6 I
If pond or lake construction proposed, then complete the chart below.
5a. 5b.
5c. 5d.
5e.
Pond ID number Proposed use or
Wetland Impacts (acres)
Stream Impacts (feet) Upland
purpose of pond
(acres)
P1
P2
5g. Comments:
Choose one
Choose one
5f. Total
5h. Is a dam high hazard permit required?
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction.
Flooded Filled Excavated Flooded Filled Excavated
❑ Yes ❑ No If yes, permit ID no:
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 mitiqation, 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. 6c.
6d. 6e. 6f 6g.
Buffer Impact Reason for impact
Stream name Buffer Zone 1 Zone 2
nurf iber—
mitigation impact impact
Permanent (P) or
required? (square (square
Temporary (T)
feet) feet)
B1
Yes/No
B2 I I
Yes/No
B3 I I
I Yes/No
B4 I
I Yes/No
B5 I
I YeslNo
B6 I
I Yes/No
6h. Total Buffer Impacts:
6i. Comments: No streams in existing easement.
Buffer impacts would be considered "exempt' in the Table of Uses (Temp. roads that disturb less
than or equal to 2500 SF of buffer
and vegetation is restored within 6 mos., and/or road crossings that disturb <40 LF of buffer).
Page 5 of 10
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 majority of the work will be conducted within the existing sanitary sewer easement. The easement is currently maintained herbaceous vegetation
and will remain as such. Limited tree cutting may be necessary in the vicinity of the ramp /access road from Evans Road and along the easement to
avoid having heavy equipment drive on or near the sewer pipe.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Mud mats will be used to allow equipment access to wetter portions of the easement. No culverts will be used. Any disturbance to contours will be
restored to pre - disturbance contours and seeded with wetland seed mix. Fill impacts are limited to the ramp /temporary road access from Evans Road.
2. Compensatory Mitiqation 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 ❑ Payment to in -lieu fee program
project?
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
Type: Choose one Quantity:
3b. Credits Purchased (attach receipt and letter) Type: Choose one
Type: Choose one
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
4b. Stream mitigation requested:
4c. If using stream mitigation, stream temperature:
4d. Buffer mitigation requested (DWQ only):
4e. Riparian wetland mitigation requested:
4f. Non - riparian wetland mitigation requested:
4g. Coastal (tidal) wetland mitigation requested:
4h. Comments:
Quantity:
Quantity:
❑ Yes — — — -- — — — —
linear feet
Choose one
square feet
acres
acres
acres
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 6 of 10
PCN Form —Version 1.4 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 I E] Yes QX 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:
Page 7 of 10
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 ❑X No
within one of the NC Riparian Buffer Protection Rules?
1b. If yes, then is a diffuse flow plan included? If no, explain why.
Protect is not impacting buffers, adding impervious surface, or changing existing topographic contours.
❑ Yes ❑ No
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 No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
Project involves temporary impacts (fill) within an existing maintained sanitary sewer easement. Once the work is completed the site will be returned
to pre - disturbance conditions. No changes to impervious surfaces or surface stormwater flows will occur.
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 qovernment's jurisdiction is this project?
3b. Which of the following locally - implemented stormwater management programs
apply (check all that apply):
3c. Has the approved Stormwater Management Plan with proof of approval been
attached?
4. DWQ Stormwater Program Review
4a. Which of the following state - implemented stormwater management programs apply
(check all that apply):
4b. Has the approved Stormwater Management Plan with proof of approval been
attached?
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements?
5b. Have all of the 401 Unit submittal requirements been met?
NIA
❑ Phase II
❑ NSW
❑ USMP
❑ Water Supply Watershed
❑ Other:
❑ Yes ❑ No
❑Coastal counties
❑HQW
❑ORW
[]Session Law 2006 -246
❑Other:
❑ Yes ❑ No
❑ Yes ❑ No
❑ Yes ❑ No
Page 8 of 10
PCN Form — Version 1.4 January 2009
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
la. 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 Q 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.) 15A NCAC 0 1 C .0407 states that standard maintenancetrepair activities do not ❑ Yes ❑X No
Comments: require filing of environmental documents. (3) specifies existing utilities.
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 ❑X No
or Riparian Buffer Rules (15A NCAC 213 .0200)?
2b. Is this an after- the -fact permit application? ❑Yes ❑X 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 j ❑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 project involves rehabilitation of an existing sanitary sewer line that currently services nearby properlies The size and capacity of the existing line
is not being changed.
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.
Project involves rehabilitation of an existing sanitary sewer line. No additional wastewater will be generated as part of this project. The size and
capacity of the existing sewer line will not change. Line currently transports wastewater to the North Cary Wastewater Treatment Plant.
Page 9 of 10
PCN Form — Version 1.4 January 2009
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 ❑X No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ❑X No
impacts?
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?
See Attachment C
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? I ❑ Yes ❑X No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
The site is not located in a coastal area or within any of the 20 coastal counties.
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 ❑X 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?
NC Historic Protection Office HPOWEB Service (accessed 11/18/14).
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA- designated 100 -year floodplain?
❑X Yes ❑ No
8b. If yes, explain how project meets FEMA requirements,
The project will not involve any changes to the flood elevation. No permanent fills will be placed vothin the floodplain, and existing grades will be
restored at the completion of the project.
8c. What source(s) did you use to make the floodplain determination?
The NC Floodplain Mapping System website (accessed 11/18/14; Panel 755) was used to confirm the boundaries of the 100 -year floodplain
Steve Brown, P.E.
Applicant /Agent's Printed Name
3 ` pplicant/ ge it's Signature
(Agent'signatu is valid only if an authorization
letter from the applicant is provided )
Page 10 of 10
rG - ZL" S
Date
AGENT AUTHORIZATION FORM
PROPERTY LEGAL DESCRIPTION:
WAKE CO. TAX PARCEL ID: 075502987679 REAL ID: 0099039
STREET ADDRESS
Please print:
1400 Aviation Parkway
Cary, NC 27560
Property Owner: Wake County
Property Owner Representative: Christopher Snow, Director
Wake County Parks, Recreation & Open Spaces
P.O. Box 550
Raleigh, NC 27602 -0550
The undersigned, registered property owner(s) of the above noted property, do hereby
authorize the Town of Cary to act on my behalf and take all actions necessary for the
processing, issuance and acceptance of this permit or certification involving conducting
maintenance on the Crabtree Creek Interceptor sewer line located on the above -noted
property, details of which are included in the attached application.
Property Owner's Address (if different than property above):
Wake County Attorney's Office
P.O. Box 550
Raleigh, NC 27602 -0550
Telephone: (919- 856 -6170)
We hereby certify the above information submitted in this application is true and
accurate to the best of our knowledge.
Authorized Signature: 3VVD
Date:
Authorized Signature
A,t,o Z*1
FAR THIS CONTRARECTAT THIS DATE.
DATE
SIGN
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REAL ESTATE ID #0099039
RIGHT OF ENTRY AGREEMENT
THIS RIGHT OF ENTRY AGREEMENT made this the i -� day of PNh W +.+ , 2015,
by and between Wake County, a body politic and corporate of the State of North Carolina
(hereinafter called Landowner) and the Town of Cary, (hereinafter called Permit Holder).
WHEREAS, Landowner is the owner of the Wake County property commonly referred to
as Flood Control Structure 23 /Lake Crabtree Park ("Property "); and
WHEREAS, Permit Holder desires to obtain Landowner's permission on a temporary
basis to enter Property on a temporary basis for the purpose of sewer improvements as more
particularly described herein; and
herein.
WHEREAS, the parties wish to enter this Right of Entry upon the terms and conditions
NOW, THEREFORE, the parties agree as follows:
1. RIGHT OF ENTRY. The Landowner hereby grants unto the Pen-nit Holder, its
employees, agents, consultants and cooperating parties, the right and privilege to enter Wake
County property commonly referred to as Flood Control Structure 23 /Lake Crabtree County
Park, (REID 0099039) shown in the map titled "Sewer Rehabilitation" and dated 04/28/15
attached hereto as Exhibit "A ", at any reasonable time for purposes of rehabilitating the
deteriorated sewer lines and manholes along the Crabtree Creek and Brier Creek Interceptor
sewers in the vicinity of Evans Road between Aviation Parkway and Weston Parkway and for no
other purpose. Permitted activity under this Right of Entry is further described in the legend on
Page 2 of 3 of the drawings known as "Sewer Rehabilitation Crabtree Creek Interceptor"
attached hereto as Exhibit "B ". This Right of Entry is revocable by Landowner and subordinate
to all prior or future rights and obligations of Landowner in the Property, except that the
Landowner shall gratit no rights illconsisten' w;th the reasoIable exctcise lby Permit Holder of
the Right of Entry described herein.
2. TERM. This Right of Entry shall automatically terminate on June 30, 2016. The
Term may be extended by writlei� agreen;ent of the parties in the sole discretion of Landowner.
3, RESTORATION OF PROPERTY. In conducting the above activities, the
Permit Holder, its contractors, agents or employees agree to exercise reasonable care in order to
minimize physical damage to Landowner's property and shall at its own cost and expense restore
Property to the same condition as it was prior to this Right of Entry. In the event that Permit
Holder fails to restore Property within a reasonable period after termination of this Right of
Entry, Landowner may proceed with the work upon written notice to Permit Holder and Permit
Holder shall reimburse Landowner for such cost and expense incurred.
4. COMPLIANCE WITH LAW. In any activities undertaken pursuant to this Right
of Entry, Permit Holder shall comply and cause its contractors, agents, and employees to comply
with all federal, state, and local laws; and shall be responsible for obtaining any permits required
to undertake such activities.
5. NO INTEREST IN REAL PROPERTY. It is expressly understood that this Right
of Entry does not grant or convey any permanent easement, lease, fee, or other interest in the
Property to Permit Holder. This Right of Entry is not exclusive and Landowner may enter and
inspect the Property at any time or grant other rights of entry within the vicinity of Property.
6. INDEPENDENT CONTRACTOR. It is expressly understood that each party is an
independent contractor and shall not represent itself or be deemed as an officer, agent or
employee of either or both of the other parties for any purpose. The Permit Holder shall secure
at its own expense, all personnel required in performing the Permitted Activities under this
Agreement. Such personnel shall not be employees of or have any contractual relationship with
Landowner.
7. HOLD HARMLESS. To the extent permitted by law, the Permit Holder shall
hold the Landowner harmless from any claims for property damage, personal injury and /or
wrongful death, and shall make reimbursement for liens, fines, fees, penalties, personal injury or
property damage of any kind which may result from activities conducted on said property by the
Permit Holder, its contractors, agents or employees. Nothing herein shall be construed as a
waiver of Landowner's or Permit Holder's sovereign immunity, or any defense of sovereign or
governmental immunity otherwise available as a matter of law.
IN WITNESS WHEREOF, the parties have executed this agreement as of the above
stated date.
Wake County Town of Cary
By: Christopher Snow, Director By:
Parks, Recreation & Open Space
Title:
G2� C�&
/<
By: James K. Hartmann
County Manager
Frank Cape, Community rvkm Director
NO FUNDS WERE ENCUMBERED
FOR THIS CONTRACeT AT THIS DATE.
DATE %a
SIGN j,
EVANS ROAD SEWER REHABILITATION PCN
ATTACHMENT A
3e. Describe the overall project in detail, including the type of equipment to be
used: The project will involve installation of a cured -in -place pipe (CIPP) lining inside
the existing sanitary sewer line. The process involves establishing pump - arounds,
cleaning and inspecting the existing pipes and installing a resin liner inside the existing
pipe to improve the integrity of the sewer line and extend its life span. A refrigerated
resin sock is inserted into a section of pipe (between two manholes). Water under
pressure is pumped into the pipe to expand the sock, followed by pressurized hot water
which cures the liner and adheres it to the inside of the existing pipe.
Equipment will include a refrigerated truck, boiler truck, trackhoe, and other support
vehicles. The majority of the work will be conducted within the existing maintained
easement. The impact associated with this project consists of a temporary
earthen /stone ramp from Evans Road down to the wetland to allow access to trucks and
equipment. Some limited tree cutting will be necessary in the vicinity of the temporary
ramp and along the easement to allow for heavy equipment to travel along the
easement without driving on the sewer pipe. Equipment will utilize mud mats when
traveling down the easement to minimize impacts to wetlands.
Where rutting or other minor disturbance may occur, the affected area will be returned
to pre - project contours and seeded with a wetland seed mix. Similarly, the temporary
access road will be removed, pre - project contours will be restored, and wetland seed
mix will be applied.
EVANS ROAD SEWER REHABILITATION PCN
ATTACHMENT B
NCDWR Stream Call Letter
'A4
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, III
Governor Secretary
December 2, 2014
Town of Cary
Mr. Eric Kula
P.O. Box 8005
Cary, NC 27512
Determination Type
Subject: Buffer Determination
N B RRO# 1 4-424
Wake County
Buffer Call Isolated or EIP Call
® Neuse (15A NCAC 2B .0233)
❑ Tar - Pamlico (15A NCAC 2B .0259) Ephemeral /Intermittent(Perennial Determination
❑
El Jordan (15A NCAC 26 .0267) Isolated Wetland Determination
*E /I /P - Ephemeral /Intermittent/Perennial
No ` Carolina
Naturally
North Carolina Division of Water Resources 1628 Mail Service Center Raleigh, NC 27699 -1628 Phone (919) 791 -4200
Internet: www.ncwateroualitv.oro Location: 3800 Barrett Drive Raleigh, NC 27609 Fax (919) 788 -7159
An Equal Opportunity /Affirmative Action Employer- 50% Recycled /10 %a Post Consumer Paper
Project Name:
Crabtree Creek Interceptor
Location/Directions:
Property is located along the south side of Crabtree Creek east and west
i
of Evans Rd. Cary, NC.
Subject Stream:
Crabtree Creek
Determination Date: November 14, 2014 Staff: James Graham
Feature /Flag Not
Subject E /IIP* Start@ Stop@
Soil
USGS
Subject
To
Survey
Topo
To
Buffers
Buffers
I
I X I
I E
I
X
X I
2
I X
I
I E
I I I
I
X I
2a
I X
+ E I I I
I
X i
I 2b
X
I E I I I
X I
3
I, X I
E I I
X
X
4
X I
E I
X
X
*E /I /P - Ephemeral /Intermittent/Perennial
No ` Carolina
Naturally
North Carolina Division of Water Resources 1628 Mail Service Center Raleigh, NC 27699 -1628 Phone (919) 791 -4200
Internet: www.ncwateroualitv.oro Location: 3800 Barrett Drive Raleigh, NC 27609 Fax (919) 788 -7159
An Equal Opportunity /Affirmative Action Employer- 50% Recycled /10 %a Post Consumer Paper
Crabtree Creek Interceptor
Wake County
December 2, 2014
Page 2 of 2
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 Resources
(DWR).
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 DWR or Delegated Local Authority may request a determination by the
Director. An appeal request must be made within sixty (60) days of date of this letter or from the date the affected
party (including downstream and /or adjacent owners) is notified of this letter. A request for a determination by the
Director shall be referred to the Director in writing c/o Karen Higgins, DWR WeBSCaPe Unit, 1650 Mail Service
Center, Raleigh, NC 27699.
This determination is final and binding unless, as detailed above, you ask for a hearing or appeal within sixty (60)
days.
The owner /future owners should notify the Division of Water Resources (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 Resources (Central Office) at (919)- 807 -6300, and the US Army Corp of Engineers
(Raleigh Regulatory Field Office) at (919) -554 -4884.
If you have questions regarding this determination, please feel free to contact James Graham at (919) 791 -4256
R pe' fully,
/ 3,-M
Danny Smi , Supervisor
Water Quality Section
Raleigh Regional Office
cc: PRO /SWP File Copy
Feature 3
Ephemeral Not
Subject to Buffers
� f A r r W #
Feature 4
— Ephemeral Not
Subject to Buffers
Feature 1
Ephemeral Not
Subject to Buffers
Feature 2
Ephemeral Not
Subject to Buffers
Feature 2a
Ephemeral Not
Subject to Buffers
Feature 2b
Ephemeral Not
Subject to Buffers
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EVANS ROAD SEWER REHABILITATION PCN
ATTACHMENT C
5d. What data source did you use to determine whether your site would
impact Endangered Species or Designated Critical Habitat?
The NCNHP database search conducted for the USGS Cary Quadrangle
(www.ncnhp.org /web /nhp /database- search) identified historical occurrences of the
endangered Michaux's sumac (Rhus michauxii). Michaux's sumac is a woody shrub
found in open woods in rocky or sandy soils. Wooded areas adjacent to the sewer
easement have closed canopies of hardwood trees with saturated clays and sandy
clays unsuitable for the growth of this species. Based upon this information, the
project is anticipated to have No Effect on this species.
The USFWS Environmental Conservation Online System (ECOS) — Species Accounts
by County
(http: / /ecos.fws..qov /tess public/ countvSearch ! species BvCountvReport. action ?fips =371
83) was consulted. In addition to Michaux's sumac, three additional species were listed
as having recorded occurrences in Wake County.
The endangered red - cockaded woodpecker (Picoides borealis) has historical
occurrences in southern Wake County. According to the ECOS species profile, this
species inhabits mature pine forests. Wooded areas adjacent to the project site consist
of wetland forests comprised of young to mid —aged hardwoods. . Based upon this
information, the project is anticipated to have No Effect on this species
The endangered dwarf wedgemussel (Alasmidonta heterdon) is found in creeks and
rivers in stable habitat with substrates ranging from mixed sand, pebble, and gravel, to
clay and silty sand. As such, there is the potential for this species to occur in Crabtree
Creek. However, this project does not include any impacts to Crabtree Creek, and the
closest proximity the sanitary sewer easement approaches Crabtree Creek is
approximately 100 feet. Based upon this information, the project is anticipated to
have No Effect on this species
The Northern Long -Eared Bat (Myotis septentrionalis) is proposed as endangered.
According to the USFWS Endangered Species Fact Sheet on the northern long -eared
bat, this species spends winter hibernating in caves and mines, called hibernacula.
They typically use large caves or mines with large passages and entrances; constant
temperatures; and high humidity with no air currents. No caves or mines are located in
the vicinity of the project site.
During the summer northern long -eared bats roost singly or in colonies underneath
bark, in cavities, or in crevices of both live and dead trees. Males and non - reproductive
females may also roost in cooler places, like caves and mines. This bat seems
opportunistic in selecting roosts, using tree species based on suitability to retain bark
or provide cavities or crevices. It has also been found, rarely, roosting in structures like
barns and sheds. Most of the project work will occur within maintained sanitary sewer
easements. Limited tree cutting will be necessary to allow access for equipment;
however, trees adjacent to the easement consist of young to middle -aged wetland tree
species. No structures as described above occur within the project site.
Based upon this information, the project is anticipated to have No Effect on this
species.
EVANS ROAD SEWER REHABILITATION PCN
ATTACHMENT D
Figures
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6
NOTE:
THE LIMITS OF DISTURBANCE SHOWN (APPROX. 0.27 AC.) ARE INTENDED TO
PROVIDE ADEQUATE WORKING ROOM FOR CONSTRUCTION OF THE ACCESS
ROAD /CONSTRUCTION ENTRANCE, AND REPLACEMENT OF MANHOLE
\\ \\ ,-I TEMPORAR! SEWER BYPASS PIPING
/ I TO BE PLACED ALONG THE BACK OF r Q
'EXISTING GREENWAY TRAIL � V
H o
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ANCHOR UNIT ,� \
TYPE 350 y9
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RCP ss / � ' Ow 'aS
-
/ / / /// / / DISNR84NCE \ PROVIDE 4' D14 PRECAST CONCRETE
5S / / JIM"OLE JUNCTION BOX AT END OF EXISTNO
24" RCP STORM DRAIN.
PROVIDE 24" CMP PARALLEL WITH EVANS
55 / / / S, ROAD ALONG THE TOE OF THE SLOPE TO
COLLECT STORMWATER RUNOFF
NOTE `
THIS PROJECTS SURVEY WAS COMPLETED BY THE
TOWN OP CARY
NTALC ORDINATES BASED / All HORIZONTAL COORDINATES BASED ON NAD03
ALL "ELEVATIONS BASED ON NAVDBB
NOTES
SITE ACCESS & TRAFFIC CONTROL
1 L,VNSTRUCTION ACCESS FOR ALL WORK ON TnE CRABTREE CREEK INTERCEPTOR SHALL BE VIA
THE PROPOSED CONSTRUCTION ENTRANCE /RAMP AT EVANS ROAD ACCESS BEYOND THE LIMITS
OF THE PROPOSED CONSTRUCTION ENTRANCE /RAMP FOR TRUCKS AND OTHER EQUIPMENT SHALL
BE GAINED THROUG4 THE INSTALLATION OF TEMPORARY PLATTING SUITABLE TO SUPPORT THE
VEHICLES AND EQUIPMENT REQUIRED TO COMPLETE THE SPECIFIED ITEMS OF WORK
2 CONTRACTOR SHALL REMOVE THE EXISTING GUARDRAIL ALONG EVANS ROAD AS REQUIRED TO
INSTALL GUARDRAIL ANCHOR UNITS (TYPE 350) ON EACH SIDE OF THE CONSTRUCTION
ENTRANCE IN ACCORDANCE WITH DETAIL -4 ON NCDOT STANDARD DRAWING NO 86201 UPON
COMPLETION OF THE REHABILITATION WORK, THE GUARDRAIL SHALL BE REINSTALLED TO ITS
CURRENT CONFIGURATION
3 TRUCKS AND HEAVY CONSTRUCTION EQUIPMENT SHALL MAINTAIN A DISTANCE OF 10 FEET, TO
THE EXTENT POSSIBLE, FROM THE SEWERS BEING RELINED
4 THE CONTRACTOR SHALL PROVIDE PROPER TEMPORARY TRAFFIC CONTROL SIGNAGE FOR
CLOSURE OF THE ADJACENT LANE OF TRAVEL WORKING ALONG EVANS ROAD, INCLUDING
ASSEMBLY AND LAYOUT OF BYPASS PIPING, REMOVAL AND INSTALLATION OF GUARDRAIL, AND
CONSTRUCTION OF THE CONSTRUCTION ENTRANCE /ACCESS RAMP EVANS ROAD IS UNDER
JURISDICTION OF THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION LANE CLOSURES
SHALL ONLY BE PERMITTED BETWEEN THE HOURS OF 9 AM TO 4 PM MON THROUGH FRIDAY,
AND SHALL BE IN CONFORMANCE WITH NCDOT STANDARD DRAWING NO 1101 02
SEWER BYPASS
5 THE CONTRACTOR SHALL SUBMIT A DETAILED SEWER BYPASS PLAN FOR APPROVAL PRIOR TO
COILMENCING WORK IN ACCORDANCE WITH SECTION 21000 OF THE PROJECT MANIIAL
WASTEWATER FLOWS SHALL BE BYPASSED ONLY WHEN NEEDED TO PERFORM CRITICAL ITEMS OF
WORK WHEN WORK IS NOT BEING PERFORMED, THE SEWER SYSTEM SHALL BE RETURNED TO
ITS NORMAL OPERATION
6 SEWER CLEANING OPERATIONS SHALL NOT BE INITIATED UNTIL INSTALLATION OF SEWER BYPASS
PIPING AND PUMPS HAS BEEN COMPLETED FOR THE AFFECTED SEWER LINES
7.THE AVIATION PARKWAY PUMP STATION MAINTAINED BY THE TOWN OF CARY, DISCHARGES INTO
THE CRABTREE CREEK INTERCEPTER THE CONTRACTOR. SHALL BE RESPONSIBLE FOR
INSTALLATION OF BYPASS PIPING TO HANDLE ALL INFLUENT FLOW INTO THE PUMP STATION
BYPASSING WILL BE ACCOMPLISHED BY CONNECTION TO AN EXISTING ABOVE- GROUND
CONNECTION POINT AT THE PUMP STATION SITE THE TOWN OF CARY, IN COORDINATION WITH
THE CONTRACTOR, WILL INSTALL AND OPERATE THE VALVES NECESSARY TO FACILITATE THE
BYPASS
LITF CI FANIIP & RFSTORATION
8 UPON COMPLETION OF THE WORK, THE CONTRACTOR SHALL RESTORE ALL EASEMENT AND
ACCESS AREAS TO THEIR PRECONSTRUCTION CONDITION THE TEMPORARY JUNCTION BOX,
STORM DRAIN PIPING AND CONSTRUCTION ENTRANCE /RAMP SHALL BE REMOVED IN THEIR
ENTIRETY AND THE PRECONSTRUTION CONTOURS SHALL BE REESTABLISHED ALL DISTURBED
WETLAND AREAS SHALL BE RESEEDED WITH AN APPROVED WETLAND SEED MIXTURE BY ERNST
CONSERVATION SEEDS, OR APPROVED EQUAL
300 i
295 ;
290 ;
285 ;
280
275
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PROGRESS DRAWINGS
DO NOT USE FOR CONSTRUCTION
TOWN OF CARY
WATER RESOURCES DEPARTMENT
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031295
Revisions
Prot. No SW1212
Design By LAB
Drawn By RAC
Date: 4/28/15
Scale Hor 1"= 20'
Scale Ver 1"= 10'
SHEET NO.
2 of 3
F FIGURE 1
,L USGS TOPOGRAPHIC MAP
CARY QUADRANGLE
Evans Road Sewer
Rehabilitation
Cary, NC
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FIGURE 2
Evans Road Sewer
Rehabilitation
Cary, USDA SOIL MAP Cary, NC
FIGURE 3 Evans Road Sewer
2013 AERIAL PHOTOGRAPH Rehabilitation
Cary, NC