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HomeMy WebLinkAbout20051967 Ver 3_401 Application_20071203 Soil & Environmental Consultants, PA 11010 Raven Ridge Road Raleigh, North Carolina 27614 Phone: (919) 846-5900 Fax: (919) 846-9467 www.SandEC.com December 3, 2007 S&EC Project # 4433.W4 To: US Army Corps of Engineers Raleigh Regulatory Field Office Attn: Andrew Williams 6508 Falls of the Neuse Road, Suite 120, Raleigh, NC 27614 NC Division of Water Quality 401 Oversight and Express Permits Unit Attn: Cyndi Karoly 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604 From: Nicole Thomson Soil & Environmental Consultants, P.A. 11010 Raven Ridge Road Raleigh, NC 27614 Re: Old NC 86 Highway Widening -Waterstone Drive Orange County, NC On behalf of the owner, Town of Hillsborough, please find attached a complete application and supplemental information requesting written concurrence from the U.S. Army Corps of Engineers (USAGE) and the N.C. Division of Water Quality (DWQ) that the activities proposed below may proceed under Nationwide Permit 14 as well as General Wafer Quality Certifications 3704. Please contact me at (91 ~?) 846-5900 if yoga have any questions or require additional information. PROJECT SUMMARY Project Name ~ - Old NC 86 Hi hwa Widenin -Waterstone Drive Project Type __~ Linear Transportation Project _ Owner /Applicant Town of Hillsborough ~_ -_~ County Oran e Nearest Town Hillsborou h Waterbod Name UT to Cates Creek Basin /Sub-basin Neuse River Basin; 03-04-01 Index Number 27-2-8 Class C; NSW USGS Catalo in Unit 03020201 IMPACT SUMMARY Stream Impact (acres): 0.0010 Wetland Impact (acres): 0.0200 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0.0210 Total Stream Impact (linear feet): 5 Total Neuse Riparian Buffer "Allowable" Impact 6,346 sq. ft. (3,603 sq. ft. Zone 1 and 2,743 sq. ft. Zone 2) Attachments: Pre-construction Notification (PCN) Application Form Agent Authorization USGS Topographic Vicinity Map Soil Survey Vicinity Map (~ ~ ~ P Neuse Stream Determination letter from Orange County ~ C".7 ~S'.»"~ ~~~ `"`t Previous 404 & 401 Approvals (USAGE Action ID #200421330; DWQ No. OS-1967) ry EEP Acceptance Letter ~~ ag ~~Q I EEP Payment ~ ~- L Overall Site Plan and Detail Impact Maps (11 x 17 and 8.5 X11) Check for 401 Processing Fee (DWQ only) ~ ~!k _ y~gTEH CcUAL~TY _ _ ,.,~-T, ~ ~ a aPxt ST~~M1".`.'~TEfI 3RANC~ Charlotte Office: Greensboro Office: 236 LePhillip Court, Suite C 3817-E Lawndale Drive Concord, NC 28025 Greensboro, NC 27455 Phone: (704) 720-9405 Phone: (336) 540-8234 Fax: (704) 720-9406 Fax: (336) 540-8235 Office Use Only: Form Version March OS USACE Action ID No. DWQ No. ~ S ~ q ~ ~ y (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing Check all of the approval(s) requested for this project: ® Section 404 Permit ® Riparian or Watershed Buffer Rules ^ Section 10 Permit ^ Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ^ Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 14 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ^ 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here:^ IL Applicant Information ~ `~`' "°' ~ ~~`F""` K~; Owner/Applicant Information L~_C ~ 2001 Name: Town of Hillsborou h i~s_i~at - ivArl:~ GwALi f`~ Mailing Address: Attn: Eric Peterson '' °`''~~ ~`'H PO Box 429 Hillsborough, NC 27278 Telephone Number: (9191732-1270 Fax Number: E-mail Address: 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Nicole Thomson Company Affiliation: Soil & Environmental Consultants, PA Mailing Address: 11010 Raven Rid;?e Road Raleigh, NC 27614 Telephone Number: (919) 846-5900 Fax Number: (919846-9467 E-mail Address:_ _NThomson(a,SandEC.com Page 1 of 10 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Old NC Hi~hway 86 Widenine-Waterstone Drive 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN):_ N/A -linear road widening_project 4. Location County: Orange Nearest Town: Hillsborough Subdivision name (include phase/lot number): N/A Directions to site (include road numbers/names, landmarks, etc.): The portion of the existing Old NC Hi~ay 86 that is part of the proposed project is located immediately north of the existing Waterstone Drive. 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 36.0494 °N 79.0916 °W 6. Property size (acres):~proximately 2,000 feet 7. Name of nearest receiving body of water: UT to Cates Creek (03-04-01; 27-2-8; C;NSWI 8. River Basin: Neuse River Basin (USGS Catalo~in~ Unit 03020201 (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The subject site is the existing Old NC Hi hway 86 and the existing Waterstone Drive. The property immediately adjacent to the roadway corridor is a combination of maintained highway right-of--way (i.e. roadway shoulders) and woods The Page2of10 surrounding area in the vicinity is a mix of single and multi-family residential commercial institutional, communityarks and major Interstates (i.e Interstate 40 and Interstate 85~_ 10. Describe the overall project in detail, including the type of equipment to be used: The overall project will be the Town required widening of the existing Old NC Hi hwav 86 to allow for necessary turn lanes and tapers onto the existing Waterstone Drive Additionally a previously approved crossing for Waterstone Drive has been redesi ned Typical excavating and ~radin~ equipment such as bulldozers backhoes and motor graders will be used during construction activities. 11. Explain the purpose of the proposed work: The purpose of the project is to widen the existing Old NC Highway 86 in the vicinity of the existing Waterstone Drive as re uig red by_ the Town, including turn lanes and the necessary roadway tapers to tie back into the existing Old NC Highway 86. This project also proposes a redesign of a previously approved crossing for Waterstone Drive (decrease in proposed impacts) IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. Mr. Todd Tu~well of the USACE visited the surrounding~ropert~ June 24, and July 25 2004 to make a jurisdictional determination On October 4 2004 a site meeting was held with DWO to make stream determinations On September 14 2004 a buffer meeting was conducted with Holly Rennell of Orange County to review the channel features on the property. Ms. Rennell's determinations are reflected on the attached maps Mr Will Autry of Orange County also visited the site in December 2005 to review the channel features on the subiect property to confirm Ms. Rennell's calls so that a summary letter could be written Mr Autrv's determinations are reflected in the attached letter and supplemental maps In 2006, the USACE and NCDWO approved 660 linear feet of intermittent/unimportant stream impacts and 0.0974 acres of wetland impacts necessary for the construction of Waterstone Drive a thoroughfare connector from NC Highway 86 to Old NC Hi hwav 86 (see attached Ap royals USACE Action ID 200421330 and NC DWO Project No OS-1967) Wetland Impact Type of Wetland Located within Distance to Area of Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact (indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres) (yes/no linear feet) Impact 1 Permanent Road Fill Headwater Wetland No 0 0 0569 (herbaceous) . Impact 2 Permanent Road Fill Headwater Wetland No 0 0 0405 (herbaceous) . Total Wetland Impact (acres) 0.0974 Page 3 of 10 Stream Impact Perennial or Average Impact Area of Number Stream Name Type of Impact Stream Width Length Impact (indicate on ma) Intermittent? Before Im act (linear feet) (acres Impact 1 UT to Cates Creek Permanent Road Fill Intermittent +/- 2' 245 0.0112 Impact 2 UT to Cates Creek Permanent Road Fill Intermittent +/- 2' 0 0 Impact 3 UT to Cates Creek Permanent Road Fill Intermittent +/- 3' 183 0.0126 Impact 4 UT to Cates Creek Permanent Road Fill Intermittent +/-2' 232 0.0107 Total Stream Impact (by length and acreage) 660 0.0345 Additionally, the NC DWQ authorized impacts to the Neuse River Riparian Buffer for the purposes of the Waterstone Drive construction which necessitated compensator~gation. Im act 1 Zone* Impact s uare feet Multiplier Required Miti ation 1 7,410 3 (2 for Catawba) N/A 2 6,825 1.5 N/A Total 14,235 N/A Im act 2 Zone* Impact s uare feet) Multiplier Required Miti ation 1 2,350 3 (2 for Catawba) N/A 2 3,250 1.5 N/A Total 5,600 N/A Im act 3 Zone* Impact (s uare feet) Multiplier Required Miti ation 1 13,615 3 (2 for Catawba) 40,845 2 7,075 1.5 10,613 Total 20,690 51,458 Im act 4 Zone* Impact s uare feet) Multiplier Required Miti ation 1 13,070 3 (2 for Catawba) 39,210 2 7,320 1.5 10,980 Total 20,390 50,190 The Ecosystem Enhancement Program accepted the mitigation responsibilities for the unavoidable wetland and Neuse River Riparian Buffer impacts (see attached EEP acceptance letter dated November 18, 2005) and the applicant paid $97,582.08 to the EEP to satisfy the mitigation requirements (see attached copy of check No. 1074). Page 4 of 10 V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. No future permits are expected to be required at this time VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: Previously Approved Impact #1 (NWP 14) 25 if of permanent important/perennial channel impact to UT to Cates Creek• 0 02 acres of permanent riparian wetland impact• 6 346 square feet of Neuse Buffer (3,603 SF Zone 1 and 2 743 SF Zone 2) "allowable" impacts Impact #3 (NWP 14): REDUCTION of 20 if of previouslyapproved permanent intermittent/unimportant channel impact to UT to Cates Creek 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. Wetland Im act p T ype of Wetland Located within Distance to Area of Site Number T e of Im act yp p (e.g., forested, marsh, 100-year Nearest Impact (indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres) (es/no (linear feet) Impact # 1 Culvert (Permanent) Riparian Bottomland No 0 0 02 Forest . Total Wetland Impact (acres) 0.02 3. List the total acreage (estimated) of all existing wetlands on the property: +/-1.70 acres 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, Page 5 of 10 plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage, multiply length X width, then divide by 43,560. Stream Impact Perennial or Average Impact Area of Number ~ Stream Name Type of Impact Intermittent? Stream Width Length Impact indicate on ma ( ) Before Im act linear feet) acres Impact # 1 (NWP 14) UT to Cates Creek Culvert (Permanent) perennial +/- 2' 25 0.0011 Previously Approved Impact #3 UT to Cates Creek Culvert Extension (Permanent) Intermittent +/- 2' - 20 -0.0001 (NWP 14) Total Stream Impact (by length and acreage) 5 0.0010 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dredging, flooding, drainage, bulkheads, etc. Open Water Impact Name of Waterbody Type of Waterbody Area of Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact (indicate on ma ocean, etc. (acres N/A N/A N/A N/A N/A Total Open Water Impact (acres) N/A 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): 0.0010 Wetland Impact (acres): 0.0200 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0.0210 Total Stream Impact (linear feet): 5 LF 7. Isolated Waters Do any isolated waters exist on the property? ^ Yes ®No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. There are no isolated wetlands or streams on this prosy 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): N/A Page 6 of 10 Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Current land use in the vicinity of the pond: N/A Size of watershed draining to pond: N/A Expected pond surface area: N/A VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. Impact #1(NWP 14): This is a proposed road widening over a UT to Cates Creek reauired by the Town of Hillsborough to accommodate turn lanes and roadwav tapers from Old NC 86 onto Waterstone Drive. The widening of Old NC 86 Hi~hway couldn't occur to the west because of existing roadwav infrastructure (Rippe Lapel and existing residential development Impact #3 (NWP 14): This road crossing was previousl~pproved as part of the Waterstone Drive protect. At the time the pro osp ed rip-rap dissipater pad extended beyond the property line and onto the adioining_~roperty. Therefore the length of the rip-rap dissipater pad had to be reduced by 201inear feet. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/strmgide.html. Page 7 of 10 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. S&EC believes that additional mitigation betiond avoidance and minimization for permanent impacts to streams should not be required given that permanent im acts to important/perennial stream channels is less than 150 linear feet The applicant proposes payment into the NC EEP at a 1:1 ratio for unavoidable permanent impacts to 0 02 acres of riparian wetlands. We will forward the NC EEP acceptance letter to you once we receive it 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): 0 Amount of buffer mitigation requested (square feet): 0 Amount of Riparian wetland mitigation requested (acres): 0.02 Amount ofNon-riparian wetland mitigation requested (acres): 0 Amount of Coastal wetland mitigation requested (acres): 0 IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ® No ^ 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ^ No 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ^ No X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide Page8of10 justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ® No ^ 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Imuact #1 ("Allowable"1 Zone* Impact s uare feet) Multiplier Required Miti ation 1 3,603 3 (2 for Catawba) N/A 2 2,743 1.5 N/A Total 6,346 N/A *Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additiona120 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. As the proposed impacts are "allowable" per the Meuse River Riparian Buffer rules no buffer mitigation is proposed XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss Stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level._ Although the impervious surface area for the road will exceed 30%. typically Stormwater devices are not r~uired The remaining portion of the protect will comply with Orange County's Stormwater Regulations and the Diffuse Flow Re uirement of the Meuse Buffer Rules. XII. Sewage Disposal (required by DWQ) 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. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ^ No Page 9 of 10 Is this an after-the-fact permit application? Yes ^ No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ^ No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: We have reviewed the "DRAFT Internal Policv Cumulative impacts and the 401 Water Ouality Certification and Isolated Wetland Programs" document prepared by the NC Division of Water Quality on April 10, 2004, Version 2.1. The draft states that small scale widening_projects are unlikely to cause cumulative impacts The proposed Old NC 86 Highway widening will be adding very little new impervious surface and is already within a developed landscape We anticipate that you will advise us if a qualitative or quantitative impact analysis is required XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). N/A /~ ~/" ~~ Applicant/ gent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 10 of 10 Soil & environmental 11010 Raven Ridge Road Raleigh; North Carolina 27614 www.SandEC.com Name: .Eric Peterson Address: Town of HillsboroutTh Consultants, PA Phone: (919) 846-5900 Fax: (919) 846-9467 101 East Ora_n~e Street, Hillsborough, North Carolina 27278 . -- _ ~, _ Phone: (919) 732-1270 Ext. 80 Project Name/Description: Waterstone Old NC__86 S&EC Project # 4433-W4 Widening Date: 1 X16 [ 07 __- ,Y - , The Department of the Army U.S. Army Corps of Engineers, 1'Jilmington District ' P.O. Box 1890 Wilmington, NC 28402 - Attn: ~N>. ~ip~ ~ 1 L1L - --- _.._ ._ Field Office: ~~~1-(T~1 _ , Re: Wetlands Related Consulting and Permitting ' To Whom 11 May Concern: I, the current rP oPertX awner, hereby designate and authorize Soil & Environmental Consultants, PA to act in my behalf as my agent in the processing ofpennit applications, to furnish upon request supplemental information in - suppori of applications, etc. from this day forward. The 16th day of October, 2007 This notification supersedes any previous correspondence concerning the agent for this project. NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for governmen! officials to enter the property when accompanied by S&EC staff. You should call S&EC to arrange a site - meeting prior to visiting the site. Eric Peterson , Print Property Owner's Name Property Owner's Signature cc: Ms. Cyndi Karoly ec: Mrs. Nicole Thomson NCDENR - DWQ Soil & Environmental Consultants, PA 2321 Crabtree Boulevard Raleigh, NC 27604 Charlotte Office. Greensboro Office: 2361.ePhillip Court; Suite C 3817-E• Lawndale-Drive Concord, NC 28025 Greensboro, NC 27455 Phone: (704) 720-9405 Phone: {336) 540-8234 Fax: {704) 720-9406 Fax: (336) 540-8235 AGENT AUTHORI7ATION FORM All Blanks To Be Filled ]n 13y The Current Landowner 0 ~\~ ` U r ~,~ \~ ~~~~~ ~? ~~ PROPOSED WIDENING 0 L'~~~~~i}~J ~?~ ii_i.ris .i. ^ {~~ ~ ~l~r'.- ~,. ~~~ ~: ~~~ w Project No. some: FIG. 1 -USGS MAP 4433.W2 1" = 2000' SOURCE: • 11010 Raven Ridge Rd. OLD NC HIGHWAY 86 WIDENING 1999 USGS NT~ect Mgr. `DMwn By: WAKESTONE DRIVE HILLSBOROUGH , Raleigh,NC 27614 QUADRANGLE 9198465900 Date: 11/29/07 ORANGE CO., NC ou~tain GeC WxD .'N - G@C .. Cre¢ : es TaD _ . ieechee TaE HrC GeB -- ~` t•. ((( eC ~e8 GID "` -` m En8 ~ r •; eB TaD ~; GeB ~Ge TaE Gel~',. NrB .~~ GhC r~hC ~....~~ 't' _ . GeC ~ GeC _ .GeC ~/d TaD r:. 'ro' ro . .En6 TaD ~ `TaD. ~ Gh_G ''.' Llr .GSA . TaE GeC TatE Ur GeC '. , ` Ge8 C r Ur ~ y TaD i' ' ;» `' ' TaD 0 GeB GeC GeC G ~: w~ ` Jd HrC as •c 0 - .i~,-. 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GeC m I - ~ N / GeB GeC CaYjett II ... ~ I GeB - / Ge e6. ~ `j • TaD r ~ `;: -,HrB ~ W E . , (_g0 ~ - HrC GeB ~ a TaE Hr8 _ ~` . i GeB ,~ U r •TaD ' `- TaD t ~0 ~ ~,J HrC, GeB, $ \ GeB 3• - C+ 1 .. / ~ aQ GeB ~ _ ;'-~ Hr8 GeC HrB C v a GeC 0~ ~~,HfB `i tl;, T,aD _ L GeR_ wa _ Project No. scale: FIG. 2 -SOIL SURVEY MAP 4433.W2 1"=1667' SOURCE: ~ 11010 Raven Ridge Rd. OLD NC HIGHWAY 86 WIDENING Project Mgr. Drawn By: ORANGE COUNTY Raleigh, NC 27614 NT MM WAKESTONE DRIVE SOIL SURVEY 919~4fr5900 Date: 11/29/07 ORANGE CO., NC t~t~A~l+~~ ~~Ut~TY ~INN~~~ tNSR~~TIE~NS Craig N. Benedict, A1CP", Qfrectar adm(nlstratian 245-25T5 c~~asr. ~r e. liMraaion +~antrerl ~lt`vist~n .~` t ~'~ (91~} X45-~a~6 ~ s (g'19~ X44-3(t0~ (~hX} wr+uw.co.oranc~e.nc_us ''`<<~ c=t~"'' pecember 1~, 2C7flb ~rlr. ~e~irr Yeats The John ~. fuldams Cc~:, lnc. ~'~ 13ox 14(~f~5 RTP, NG ~77(l9 Mr. dean Clark, Soil & Envirorrmer~tal Cansuitar~ts PA 'I1410 Raven Midge Road Raleigh, IBC ~~'g14 Re: V~IRT~I~ST+c~N Neuse Stream C~eterrnir~ation, ~.ower Ergo ~f1-'atershed RlIk19873-~~-21Q0 TMBL 4.~b..2 E~ear Sirs: ~EF~aRT!{A ANT ~Q6F Ftevera ~oaci P' ~ Banc X181 Hillsbor-a~rgl~, NC 2T278 _ .~~,. it~~ ~ ~ ~. 2i1 ~~: Ss~l S Eae've~ent~ ~~~tsr~ ~8 This letter serves as caahrrr~atian of an orr-side Neuse determination made by ~3rarrge County Erasion C~ontral ~livlsian st~f for the r~efer~errced property. Through kl de.E~egatior~ from the NG Qivisian ofi Mater Quality, C}rar}ge County enforces a stream buffer along intermittent and perennial surfece uvaters per the ~farmwa[er O~nance for Lands ~r`ft?t"n the 1~teusa fiver E~asin, C~ran~e Gartrrty, inducting Hil(sborc~ugh's planning jurisd!ict'ran. Be advised that the orange County Erasiran Corrtrvl [vision staff will also need tc~ review a master plan fior this entire project tc~ ensure that Neuse Ixr~er irrrpacts are rninirrrized, an~i so that we may issue an AutharizafiQr~ Gertii~cate as needed. This determiraatian was conducted based an recent appl~tions tci the Town oi: Hillslacxr~ugh to login development cif the proper#y. The evaluation was conducted with EUir. Glar}t of SB~EC acrd showed that there are water fieafur~s ort the property whid7 a subje~ to the ordinance. These water features are approximately referenc~i on the attached aerial photograph I rn~ap, and should easily eorrespc~d to maps already prepared ~'' t!1[dams ar~d S&~C ft~r the purposes cif 401 permitting, 4~1 certifi~catiori, and ariy rectuired isolated 11r1;1;~r~oslt~n Gontrc~{ I~iwlStr~a~ GaIIs1~0{15tNeuse~1~19~05."rh+t~L4.4~._2.t~AT~RSTt~t~l~ It~essrs. Y~t~s ~r~d cl~r~t P~~e 2 a~cer~ib~r i3, 20(35 wetiartd permitting. The subject water features will require a typical Meuse buffer, consisting of an crndisturbed, 3Q` Zone 1 fo be measured from the top of the stream hank or normal pool elevation of ponds landvrard, arui an outer, 24' Zone ~, in which clearing and minor grading is allowed. The following is a description of how tfte buffers affect the property: 't. The previously mapped water feature noted as Feature }~ is suf# to the twffer requirements dwvnstream of a point which has been flagged in the field for reference. TF-ts point appeat~ to be upst~am of ffte Qt3e prevrouslir rr~rked ~y SPEC, may be north cif #be applicant`s actual property line, and is located at ~e breech of an ebandoned dam. ~. The previously mapped water feat~ire noted as Feature B is subject to the buffer requirerr~nts downstream of a paint which has been flagged in the field far reference. This. flag is located at the downstream end of a vvetiand that f~as been delineated by S&E~. ~. The previously mapped water feature noted as Feature C is subject to the buffer requirements downstream of a point which has been flagged' in tf~e field for reference. This flag i$ Is~e~aated at what appears to fie an atd wbll. ~, The previousl~r rapped waster feature noted as Feature 1~ is subject tt~ tt~e buffer requirements: downstream of a point which fins been tagged in the field fc~r reference. This feature appears tia be shorter on the ground' than indicated can the soil sur~€ey snap. ~. The previously mapped water feature noted as Feature ~ is suk~ject tc the buffer requirements downstream of a paint which has been filagc~ed in the field fr~r reference, This feature appears to be shorter on tfie gro+~nd than indicated can the soil survey map. 6. The previously mapped water feature noted as Feature F is $ubjt to the buffer ruirements downstream of a point which has been flagged in the field for refierence. This feature appears to be shatter on the gr+eund than indicated on ~e soil survey map. T. The previc~usfy mapped water feature noted as Feature G is subject to the Duffer requirements across the property. The previt~usly mapped water feature noted as i=eature 1-t is subject to the buffer requirements across the property. g. The previously mapped water feature noted' as Feature I is subject to the buffer requirements across the property. Be advised that Feature 1, dates Gteelc, has a ImEMA-identited Floodplain, and appears to AL.~~ be s~rbjc~ct to 1-tillsbc~rc~ugh ~trear~n Ni;lErosion Gonfirerl E3v~Stream G~11s120Q51Neuse11219135:Th,1QL4.45.,2.t~VA"rE=RSTQt~~ Messrs. Yates and G1ark f~age 3 i3e~cern bier t 9, ~t~~5 t~uffer requirements. ~'ou should contact hrtargaret Hauth with the Turn to ensure that the following information is correct: a. H~Isbarouc~h t~efinitian -Stream Buffer An area. of land tying adjacent. to perennial streams which shall Ise-mired to rernairt in an t~ndisturt,~ed state, unless fihe area is subject tp serious emsian, in which case ervsc~n resistant vegetative cover shall be established and rnaintainecf. b. Mi(isbarough oe~nition -Perennial Stream Stream which is shown as a solid blue line on the United States Geodetic Survey ctuadrangle map of the Town. c. Section 7.1 ~.2b -The width a~f the stream buffer slang perennial strearr~s shalt k~e fifty ~bg) feet measured from the middle cf the stream. If you have further questions about the appticati€~n of the Zoning t~rdinan~ to this property, ar how to calculate the buffer lengths, please contact Current. Planning Statf at 91 g-2~5- 2575. ~tr1G~ ely. ~J} ~! ~~ff~ ~f ~}r .. -.. 4 ~ ffffff~~~~fffffffffff~ K 13 t l~. Will Autr}r, CPESC Erosion Control C}fftcer II Attachments: Aerial Photograph I Map C: C?C Currant Planning Stuff OC Erosivn Control Staff Cyndi Karoli and Mahn Dorney, E~WC~ Todd Tugwell, t3SACl= Margaret Hauth, Town saf Hillsb©rough File hd:lErosron C©ntral QvtS#rearn Caiisl2tlOSlhieuset121905.TI41BL4.45.2.WRTERSTC}NE Neu±ce d~uffll'r Rule Streazzt netez-~nin~tiozz ~~, ~ ~ .~t Sutatect E-eature I ' - ~ ~~ ~ Also Subject to ,, .~~-: ~~ Hiasborough Buffer p~t~ .'.:,~ . "~a y : Y.r ~i `d k / ~ ~, n F i Y~. fi4 ~~~ 7 * ,'/~ +, °f ~ { . e~ ..~•:. • m ~, j.~e ,` I `10 ._,~{ ' , om. t.3• p .Y' ~-/may fI,} A . !., `f x r. i ,#L/ . _ Y _ •• .~, w .r., ~ ..-~.. ~ to ~,.k,t, ~~r,,t~,r..,~f~_ ~ ~~~ ~ ~ r~a~€,~~'~~ Subject Feature C ~ _- ~,~ f ~~ r SlF ll NCIIYATFftSTQhF -._I C S,11TF. 100 377 t3LEhM10OD AYE r'2ACEiGl+, HG 276t?-'~~t2 Subject ~`eature ~ ,. Ji PttOd ~~ Wa'!~' Brit/ FY W. fir: p.•t~`a r, /~,. J56S VYMIn, Frafure Gdrrl WrlnrxF,cx! 11rrca 'i ~ 11317 Y13 Fln,ulplr~n fpra,•rnru,ryj M+ Sala 73urrs~ 4fY:ea Frwt:3ir Prcdw31e0 YWimshad Fladr~vq :c~r'imrt~ryti IIMr OC tbpdaisd NYw Fefotuns ;r,.; +kwrdeda Y+iAe~atK!d kVBtefSlOftB ~_- PIN 9873-2~-2100 „~. ,. TAIEBL 4,45,_2 Grange County, NC • ri ' i3ecemtzer 13 2005 ...~' • ~~ -, .:.emu f3 W +rw cf ~: -'-~-~ -+ ~`~~ „i ~ rih'a3e~] i:. f+~ea ac ~4:~n0.~.p+ StC~7itTi~1`t<E`t"Iillli:ltt4~t '`~'`:-` `~, ~ ,.-~~'•~_ ~~ r„asaw4u. ~ LG.:•.,. s. ,~~,,:~•-„> ~~. .~ • ~ I Y .. a . 4na1 Vitae , ]i:] - r, `•.~ ac -~eyya :i .ail r,.~,.A 1 ~~- --s_ - Sut~ject Feau.re I ' .;,, ~. ~ . ~ .--~-, ~'.-_`` ~-; I I- ~- 's,f $,~~ ~~., ., Q .,, .y-' ~'s /DISC SUb @ct tq ~ ~ r,5 ~ ~ S . S '4 r-1 a -+~'.~ `-'~ 'ii'i ~ , f f - ®~~ - •, 1" ~ ~~~`vi~Y~i ~¢~ L~?~ r ~j ~ ~ , ~, , I-Iillsbaraugh Buffer •~ ' ~~ ~ l~ .,a. <'~ ~ •,_r i -,~ - °` _ = ti ~ ~';~;~ .> ° ~ , ; 'I, Subject Feature H ~~~~~~` '~ III __- - ~-~ ~~ ~ ___ -~ ~ ~, ~0 ~,,,t _ ---„„~ ~ ~.a`„,~ ! % ' ~o ~ 'fig ~ »•,8 5 `~. T _ ~ !_ ~ , 575 / hA i96 ~ ..~ 4~ f J ~ .. ^_LI O 4"S)3 \~ ?,4 o d1C ~' fj. ~~ ~ ~ ' ~ '~ Ir ~ ~ I Lt~ !,. 1• t- _a '~ ' ;k ,~',_ •#- _. ~, ~ tx Subject Feature G 1 `-=~y ~ ,YI ' ~ L ~ `,.~5 ~ ~ - _- l /,~, , ~ J~ I ~ i ~-~ r ` }} y I .: I ~ ~ S ~ -,~ q+ ~ n-. .__~a_ ~_~} ~ Icy ' .i1'I~ a ~ ~ ~ ~ X49 =.j ~ ~:~ •'° ; ~' Subject Feature E ~ ,~ i ; + _ ~' ~• >M~ ~ -- ~ ' 1 - -. ..-. - + ~ , 3 ` Si bject Feature F `~' ~, ~ '~ ' ~ ~ s..e ,. _ J, - _ - - , 6_ ~a I l -t .y,u~ ~ .. .~ _. I ,~ ,. «,e ~_~- -~ - ¢; . '~ `_ _ .~ rr--~"' '*. SubtECt Feature n - _ _ ,. ! I -- ~ -- -- - ~-- .~-yJ ~ ,,, ,, ,.. -.._ I ~ ` .++~' a . ~q °``* t~5` ` 5ucj8'Ct I Erdt;JrE ~ ~~\, ,~ // ~~. 1 ~ ~` ~ " ~ ; -' f t~:~rl~fnamn: ~ ,,~ ~ i Subject Feature C _~*_,f:_: ~_ -I 5 t ~ S jest afore B ~ s~ lip} -,tih cis? =--« '~~__,r,~ _ * _ _ ,.,_ as>r - ~b Fe * `. •~_ ~318rSfOf18 I ~alci6d ;~~ Voter klotly ; ~ . t-EMA tloaap4iln v +~ _a;otion GontouroC tsn r~aR rs 9 r•.!ltvy~lf Crilic~wutrnF.adAwr ~`L- rp0 YR Ffaadp:+a~ ;c-¢I~n?~n~-~i -~ SIN 9873-25-2100 ___ _ ~ TMSi. a.as-.z .nr.. .%;iGS NMar fwlura ar~tes~ad w1r~«in.d F+or]v~9y (preo-rwnsrvi ,~• r i4, •. grange Cuur.,y. NC Mr• °r s Suryeti Ylliler Fcwa;~ro v ~y Jn~.*o1~2ep NidiSreheG - c •wi.. x uva~ltl~ vwi« Fn;l!,:rt:Y December 13, 2005 ~? t~~,. R ~rcnu]i.aick-fl Mal Fe ct a , ;,~o z oao ~~ U.S. ARMY CORP5 OF ENGINEERS WILMINGTON DISTRICT Action ID. 200421330 County: Orange USGS Quad: Hillsborough GENERAL PERNIIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner /Authorized Agent: Mr. Eric Peterson Address: Town of Hillsborough PO Box 429 Hillsborough, NC 27612 Telephone No.: 919-732-1270 Size and location of property (water body, road name/number, town, etc.): The protect site is located immediately north of I-40 and will connect New Highway 86 and Old Highway 86, in Orange County, NC Description of projects area and activity: This permit authorizes the impact of 6601inear feet of nonmitigable stream, and 0.0974 acres of wetlands associated with the construction of a road. Applicable Law: ®Section 404 (Clean Water Act, 33 USC 1344) ^ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: Nationwide Permit Number: 14 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action. This verification is valid until the NWl? is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified, reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all new and/or modified terms and conditions. The District Engineer may, at any time, exercise his discretionary authority to modify, suspend, or revoke a case specific activity's authorization under any NWP. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone (919) 733-1786) to determine Section 401.requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (LAMA), prior to beginning work you must contact the N.C. Division of Coastal Management. This Deparlrnent of the Army verification does not relieve the pernuttee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Thomas Brown at (919) 876-8441 x22. Corps Regulatory Official Thomas Browi``i.~~ Date: January 5, 2006 Expiration Date of Verification: March 18, 2007 ~~~iV~ JAN 0 9 2006 By: Soil 6 Enriranmental Consultants. PA -2- Determination of Jurisdiction: ^ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). ^ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years. from the date of this notification. ^ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued - Action ID Basis of Jurisdictional Determination: Areas on this site exhibit wetland criteria as described in the 1987 Corns Wetland Delineation Manual and are adiacent to an unnamed tributary to Cates Creek. The property contains stream channels that exhibit an Ordinary High Water Mark as indicated by changes in soil character and Corps Regulatory Official: Date January 5, 2006 SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. Copy Furnished: S&EC Attn: Sean Clark 11010 Raven Ridge Road Raleigh, NC 27614 UPTIONS AND~P ROCE NOTIPI~ ATION OF ADMINISTRATIVE ~PPIJ ~L SS AND . , ~ REQUEST FOR APPEAL - Y°~ - ~fi~Y ~ ,` - A licant: Peterson Town of Hillsborou h File Number: 200421330 Date: Janu 5, 2006 Attached is: See Section below II~IITIAL PROFFERED PERMIT (Standard Permit or Letter of A ermission PROFFERED PERMIT (Standard Permit or Letter of ermission B PERMIT DENIAL C X APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E ~~SECTION I °'- The following identifies your rights'and options regarding an administrative appeal'`of the above-; ~. -decision.. Additional information maybe found at http•//www usace army'inilliriet/functions/cw/cecwo/reg.'or' :.. ; _ _.. Co "s re latioris at 33 CFR Part 331. A: Il~IITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Pernut or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved 7D, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which maybe appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - RE VEST FOR APPEAL or.OBJECTIONS TO `AN II~ITLAI PROFFERED PERMIT _. ;~ REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is ahead in the administrative record. POINT OE:CONTACT FOR UESTIONS` OR: INFORMATION, If you have questions regarding this decision If you only have questions regarding the appeal process you and/or the appeal process you may contact: may also contact: Thomas Brown Mr. Michael Bell, Administrative Appeal Review Officer 6508 Falls of the Neuse Road CESAD-ET-CO-R Suite 120 U.S. Army Corps of Engineers, South Atlantic Division' Raleigh, NC 27615 60 Forsyth Street, Room 9M15 919-876-8441 x22 Atlanta, Geor is 30303-8801 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investi ations. Date: Telephone number: Si ature of a pellant or a ent. DIVISION ENGINEER: Commander U.S. Army Engineer Division, South Atlantic 60 Forsyth Street, Room 9M15 Atlanta, Georgia 30303-3490 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality February 17, 2006 Mr. Eric Peterson Town of Hillsborough P.O. Box 429 Hillsborough, NC 27278 PP roj b ~ ~ V ~ ~ D FEB 2 2 2006 By: Soil 6 ErnimirraM-tal Consultants. PA Subject Property: Waterstone Drive Ut to Cates Creek [030401, 27-2-8, C, NSW] ect # OS-1967 range County • Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions Dear Mr. Peterson: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.0974 acres of wetland, 6601inear feet of streams and 60,915 square feet (ftZ) of protected riparian buffers for the purpose of constructing the thoroughfare road at the subject property, as described within your application dated October 26, 2005, and received by the N.C. Division of Water Quality (DWQ) on October 26, 2005, with more information received by the DWQ on February 14, 2006. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3404 (GC3404). The Certification(s) allows you to use Nationwide Permit(s) NW 14 when issued by the US Army Corps of Engineers, (USAGE). This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0233. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, and Non-discharge regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you maybe required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 1501inear feet of stream, compensatory mitigation maybe required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. - The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: 401 OversighUExpress Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 /FAX 919-733-6893 /Internet: h~tt ://h2o.enr.state.nc.us/ncwetlands None hCarolina ~atura!!r~ Town of Hillsborough, NC Page 2 of 5 February 17, 2006 Amount Approved (Units) Plan Location or Reference 404/Wetland 0.0974 acres PCN a e 4 of 9 Stream 660 (linear feet) PCN age 4 of 9 Buffers -Zone 1 36,445 s uare feet) PCN a e 8 of 9 Buffers -Zone 2 24,470 (s uare feet) PCN age 8 of 9 2. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP) Mitigation must be provided for the proposed impacts as specified in the table below. We understand that you wish to make a payment to the Wetlands Restoration Fund administered by the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has been determined by the DWQ to be a suitable method to meet the mitigation requirement. Until the EEP receives and clears your check (made savable to• DENR Ecosystem Enhancement Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP should be contacted at (919) 733-5208 if you have any questions concerning payment into a restoration fund. You have one month from the date of this approval to make this payment. For accounting purposes, this Authorization Certificate authorizes payment into the Wetlands Restoration Fund to meet the following compensatory mitigation requirement: Impact .~, - Compensatory Miti ation Re uired B.iver and Sub-basin Number Buffers 101,648 s uare feet Neuse - 03020201 3. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-Construction Notification. All construction activities, including-the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 4. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. 5. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project; 6. Protective Fencing -The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning Town of Hillsborough, NC Page 3 of 5 February 17, 2006 fencing (or similar high visibility material) for the areas that have been approved to infi-inge within the buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15A NCAC 2B .0233 and GC 3404; 7. Diffuse Flow (No Review) All constructed stormwater conveyance outlets shall be duected and maintained as diffuse flow at non-erosive velocities through the protected stream buffers such that it will not re-concentrate before discharging into a stream as identified within 15A NCAC 2B .0233 (5). If this is not possible, it may be necessary to provide stormwater facilities that are considered to remove nitrogen. This may require additional approval from this Office. 8. Culvert Installation Culverts required for this project shall be installed in such a manner that the original stream profiles are not altered. Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal profile) must be maintained above and below locations of each culvert. Culverts shall be designed and installed to allow for aquatic life movement as well as to prevent head cutting of the streams. If any of the existing pipes are or become perched, the appropriate stream grade shall be re- established or, if the pipes installed in a perched manner, the pipes shall be removed and re-installed correctly. Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the stream up or down stream of the culvert(s). Existing stream dimensions (including the cross section dimensions, pattern and longitudinal profile) shall be maintained above and below locations of each culvert. Placement of culverts and other structures in waters, streams, and wetlands must be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis- equilibrium of wetlands or strearnbeds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium shall be maintained if requested in writing by DWQ. The establishment of native, woody vegetation and other soft stream bank stabilization techniques must be used where practicable instead of rip rap or other bank hardening methods. If rip-rap is necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of Water Quality. Installation of culverts in wetlands must ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of Completion" form to notify NCDWQ when all work included in the §401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the NC~Division of Water Quality upon completion of the project. Please send photographs upstream and downstream of each culvert site to document correct installation along with the Certif cate of Completion form. 9. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached Town of Hillsborough, NC Page 4 of 5 February 17, 2006 certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 10. Cumulative impacts on downstream water quality In accordance with the February 9, 2006 letter from the Town of Hillsborough, on-site stormwater management shall be required for stormwater from all parcels that are developed as a result of this road construction. The Town of Hillsborough has the responsibility to notify landowners and developers of these tracts with respect to this requirement. These stormwater management plans shall conform to the latest DWQ design guidelines in effect when the parcels are developed. The Town of Hillsborough shall maintain copies of these approved plans and make them available for DWQ inspection and review upon request. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. Any disputes over determinations regarding this Authorization Certificate (associated with the approved buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 150B. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and the Neuse riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have any questions, please telephone Cyndi Karoly or Ian McMillan at 919-733-1786. AWK/~m Enclosures: GC 3404 Certificate of Completion Sincerely, ,~ Alan W. Klimek, P.E. cc` Sean Clark, Soil & Environmental Consultants, P.A., 11010 Raven Ridge Road, Raleigh, NC 27614 USACE Raleigh Regulatory Field Office Eric Kulz, DWQ Raleigh Regional Office DLR Raleigh Regional Office File Copy Central Files Filename: 051967WaterstoneDrive(Orange~01_NBR Y Fcos~stem t'j'L,~4 ~y•a i' PROGRAM November 18, 2W5 Sean Clark Soil & Environmental Consultants, tnc. 11010 Raven Ridge Road Raleigh, NC 27614 Project: Waterstone Drive County: Orange The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) is willing to accept payment for impacts associated with the above referenced project. Please note that this decision does not assut•e that the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these agencies to determine if payment to the NC EEP will be approved. This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404 PermiU401 Certification within this time frame, this acceptance will expire. [l is the applicant's responsibility to send copies of the 404/401/CAMA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401 Certification an invoice will be issued and payment must be made. Based on the information supplied by you the impacts that may require compensatory mitigation are summarired in the following table. River Basin Wetlands Stream Buffer Buffer Catalo cn ~ g ) (Acres (Linear Feet) Zonel Zonc2 Un Ri arian Non-Ri arian Coastal Marsh Cold Cool Warm Neuse 0 0 0 U 0 0 26 b85 14,375 03020201 , Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts up to a 2:1 ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1,5:1 ratio). The type and amount of the compensatory mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or CAMA Permit. "I'he mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998. If you have any questions or need additional information, please contact Carol Shaw at (919) 733-5205 Sincerely, .~ . ~~ tliiam D. Gilmore, YE Director cc: Cyndi Karoly, Wetlands/401 Uni[ Monte Matthews, USACE -Raleigh Eric Kulz, DWQ Regional Office- Raleigh File R.~.storu2~... F~/t,~„f~~,,, PYOt;ctut~ Ou.~ Stag ern I~CDENR IYor1h Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919.715-0476 / www.nceep_net Personal Account Information Redacted X:1Proiects\TMP\TMP-04000\Land\Erosion Control\Cates Creek - Moren Tract Sewer Outfall\ExhibitslTMP04000-OS1A.dwo. 1213/2007 9:38:36 AM. Ismith. 1:1 ~ FILENAtdE:TM004000-OS1 O s°"''E` NTS ~ n"~' 11-27-07 __ . WATERSTONE OVERALL BUFFER IMPACT KEY MAP HILLSBOROUGH, NORTH CAROLINA l COMPANY, INC. ENGINEERS/PLANNERS/SURVBYORS RESBARCH TRIANGLE PARK, NC P.O. BOX 14005 ZIP 27708-4005 (818) 891-5000 X:1ProjectslSTF1STF-050001LandlExhibits12007-10.10 • Buffer and Drainage ExhibitsiSTF05000-EX1.dwg,11J2812007 9:12:21 AM, Ismith,1:1 SWtlOVoW °s n ~ b w ~ z ~ y n z N ~ Q ~ O N II a I N O ~ ~ O m O X O 0 r d ~~ ~~ ~~oo o~~ ~~ x z ~~ H ~` ro~z wo~ ~~ES~C')H o;y ~ 70 -x~~yy ON~ ~ LJ q ZZr ~ O ~~~,,z~x ~~ z mx ~ ~ on~~ a ~ ry n d ~y~ y to X:\Proiects\MIHIMIH-06000\Construction AdministrationlStakenutlExhihits\2007-OA-2R -Wetlands Imnart\MWO6000-EX1.dwn_ 11/20/2007 4~08~46 PM. (smith. 1:1 C~ O 0 0 0 0 0 N O ~ _ ~ O n ~' x u o c~ o ~, or r~ NORTN A O ® PROJ~: MIH-osooo WATERSTONE THE JOHN R. McADAMS INC COMPANY ~ ~"~''""'~' MIH06000-EX1 . , ENGINEERS/PLANNERS/SURYEYORs ~ 9CA~° ~ " ~ " OLD NORTH CAROLINA HIGHWAY 86 WIDENING ~ (V) =ZO (H)~~ =2 1 RESEARCH TRIANGLE PARE, NC ~ 9ATE: BUFFER/VVE'i7.P-NDS IINIPACT EXEIIBIT P.O. HOX 14006 ZIP 27709-4006 I)8-28-07 (919) 381-5000 CJI Ui ~ O Cn C3~ - - j ' 1 > ~ I > j i II I I - ' -~ ~ -- - - - I I ( - -~ !~ ( -- - -- ~ -- ; ~ _ _. - _~ _. i , _ ~- - - I I j ~ I j ~ j j i j ~ j I j I ~ f ~ i I ~ I I I ~ i '' I I I i I j j I ~ I I j ~ ~ I I I I i I ! i , I ~ ~ ~ R ~ F j I I ' , ~ I i , ~ ~ ~ ~ ~ i ~ i l i I ~ I I ' ~ I ~ I b l ~ ~ i I ~ ~ ' I II ~, ~ ~ I ~ , ~ ~ j I i ~ 1 i { i _ j ~ i ~ r ! j ~ I ~ I i ~ ~ - I I i ~ ~ I ~ i I+ t ~ I ~ ( ~ ~ I ~ i I ~ I I ~ j I I II; ~ ~ N i , ~ I ~ , i I I 1i I i I j I ' I , ~ I ~ I ~ ~ ~ C~ ~ ~ O 0 a a N U a~ 'o a ® PROTECT N0. TMP-04000 WATERST~NE THE JOHN R. McADAMS ~ ~'~""''~~ TMP04000-EX1 COMPANY, INC. a scue: 1••=40• 1~~IAS1'ER PLAN INFRASTRUC:T`UFZE ExGINEERS/PLANNERS/SURVEYORS HO R SNG ~ N ~ ~ DA1~` ~~D.S ~~A~ ~.i ~~~ .O. 709 4005 X I OO ZIP 27 P OS-27-05 (ais) aei-sooo PRE/IC~IJ~LY A.PPRC~~E~ PROJECT N0. TMP-04000 FILENAME: TMP04000-EX1 WATERSTONE s°"~: ~.,-40° 1~~IAS'I'ER PLAN INFP;ASTRUCTURE HATE: WETLANDS LMPACT EX~ILBIT 03-06-07 THE JOHN R. McADAMS COMPANY. INC. ENGINEERS/PLANNERS/SURVEYORS RESEARCH TRIANGLE PARK, NC P.O. BOX 14005 ZIP 27709-4005 (919) 381-5000 I~E\I~EO-