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HomeMy WebLinkAbout20160101 Ver 1_401 Application_20160116Environmental Consultants, 8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 • Phone: (919) 846-5900 sandec.com To: US Army Corps of Engineers Raleigh Regulatory Field Office Attn: James Lastinger 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 From: Deborah Edwards Shirley Soil & Environmental Consultants, PA Re: Town of Apex -Highway 55 Waterline Extension Apex, Wake County, NC January 29, 2016 S&EC Project # 12502.W4 NC DWR, 401 & Buffer Permitting Unit Attn: Karen Higgins Archdale Building — 91" Floor 512 North Salisbury Street Raleigh, NC 27604 20160101 On behalf of the applicant, Mr. Stan Fortier with the Town of Apex Public Works & Utilities Department, please find attached a complete application and supplemental information requesting written concurrence from the U.S. Army Corps of Engineers (USACE) and the N. C. Division of Water Resources (NCDWR) that the activities proposed below may proceed under Nationwide Permit 12. In addition, the applicant would like to request a Jordan Lake Watershed No Practical Alternatives Determination from the NCDWR for the proposed impacts to riparian buffers. Please contact me at (919) 846-5900 if you have any questions or require additional information. PROJECT SUMMARY Project Name Town of Apex -Hwy 55 Waterline Extension Project Type Utility Line Construction Owner / Applicant Town of Apex County Wake Nearest Town Apex Waterbody Name UT to Beaver Creek Basin Cape Fear -Jordan Lake Index Number 16-41-10-(0.5) Class WS -IV; NSW IMPACT SUMMARY Stream Impact (acres): 0.007 Wetland Impact (acres): 0.004 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. acres 0.011 Total Stream Impact (linear feet): 0 Total Riparian Buffer Impact (sq. ft.) Zone 1: 2,048 1 Zone 2: 1,092 Attachments: Pre -construction Notification (PCN) Application Form Agent Authorization Form NRCS Soil Survey Map USGS Topographic Map DWR Buffer Determination NBRRO#15-177 NCDMS Mitigation Acceptance Impact Exhibit Construction Drawings -sheets 1-4 $240 DWR Application Fee 01 JAN 1 2016 OF W A TF9 Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ®Section 404 Permit ❑Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 12 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? ® Yes ❑ No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification – Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification – Express ® Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ® No For the record only for Corps Permit: ❑ Yes ® No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes ® No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ® No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: Town of Apex Hwy 55 Waterline Extension 2b. County: Wake 2c. Nearest municipality / town: Apex 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: N/A 3. Owner Information 3a. Name(s) on Recorded Deed: Town of Apex -Public Works & Utilities Department 3b. Deed Book and Page No. N/A; linear municipal project 3c. Responsible Party (for LLC if applicable): Stan Fortier 3d. Street address: 1058 Upchurch Street Apex, NC 27502 3e. City, state, zip: 3f. Telephone no.: 919-249-1166 ' 3g. Fax no.: 919-387-7055 DE—Q — _ 3h. Email address: Stan.fortier@apexnc.org FER PERMi,`.;` Page 1 of 13 PCN Form – Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ® Other, specify: Applicant is owner as listed on the Agent Authorization; please copy agent (S&EC) on all correspondence. 4b. Name: Stan Fortier 4c. Business name (if applicable): Town of Apex-Public Works & Utilities Department 4d. Street address: 1058 Upchurch Street 4e. City, state, zip: Apex, NC 27502 4f. Telephone no.: 919-249-1166 4g. Fax no.: 919-387-7055 4h. Email address: Stan.fortier@apexnc.org 5. Agent/Consultant Information (if applicable) 5a. Name: Deborah Edwards Shirley 5b. Business name (if applicable): Soil & Environmental Consultants, PA 5c. Street address: 8412 Falls of Neuse Road 5d. City, state, zip: Raleigh, NC 27615 5e. Telephone no.: 919-846-5900 5f. Fax no.: 919-846-9467 5g. Email address: DShirley@SandEC.com Page 2 of 13 B. Project Information and Prior Project History 1. Property Identification 1 a. Property identification no. (tax PIN or parcel iD): N/A -linear utility project 1b. Site coordinates (in decimal degrees): IMPACT #7 Latitude: 35.7308 Longitude: - 78.8593 (DD.DDDDDD) (-DD.DDDDDD) 1c. Property size: NIA 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to UT to Beaver Creek proposed project: 2b. Water Quality Classification of nearest receiving water: WSW, NSW, 16-41-10-(0.5) 2c. River basin: Cape Fear River -Jordan Lake; Hydrologic Unit Code 03030002 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the, time of this application: The existing conditions for the utility corridor is a wooded area between Hwy 55 and the. base of a dam. A, perennial stream with adjacent wetland flows from the dam outlet to the pipe under Hwy 55 with an additional intermittent stream flowing parallel to Hwy 55. The land use in the vicinity of the project is residential with some commercial. 3b. List the total estimated acreage of all existing wetlands on the property: Approximately 158 ftz within the proposed construction corridor. 3c: List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: Approximately 16 linear feet within the proposed construction corridor. 3d: Explain the purpose of the proposed project: The purpose of this project is to connect the waterline `loop"system. The. existing Town'water system is a looped system that typically feeds water both ways. Due to the steepness of Highway 55 in this area the existing water line was stopped with a blow -off on each end and a gap in between. The connection of this line will increase the water capacity and pressure of the system. It will also allow additional sections located near the existing ends of the system to be taken off line for repairs and maintenance and still be able to provide water without a total shut down to those homes and businesses. 3e. Describe the overall project in detail, including the type of equipment to be used: The proposed infrastructure project will consist of a 12 -inch potable water line for approximately 700+ feet. The waterline will start at the existing "end of existing 12" DIP water line", and. will extend south on the east side of Hwy 55 to the "end of existing 12" DIP water line", see Plan & Profile sheet 3 of 4. All construction will take place on the eastern side of Hwy 55, just outside the existing Right -of -Way. Equipment typically used for. excavation and earthwork such as backhoes, bulldozers, excavators etc. will be utilized for this project. 4. Jurisdictional Determinations 4a..Have jurisdictional wetland orstream determinations by the Corps or State been requested or obtained for this property / ® Yes ❑ No ❑ Unknown project (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type Preliminary El Final of determination was made? 46. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Soil & Environmental Consultants, PA. Name (if known): Steven Ball Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. USACE- James Lastinger of the USACE visited the site on April 10, 2014 to verify jurisdictional wetlands & streams, NCDWR- James Graham of the NCDWR visited the site on May 6, 2015 to verify riparian buffers (NBRRO#15-177) Page 3 of 1.3 . PCN Form — Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑ Yes ® No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. N/A . 6. Future Project Plans. 6a. Is this a phased project? ❑ Yes ®No 6b. If yes, explain. N/A Page 4 of 13 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ® Wetlands ® Streams - tributaries ® Buffers. ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non -404, other) (acres) Temporary T Utilities- W1 (#1)'® P ❑ T Conversion- Permanent Bottorimland Hardwood Forest ® Yes ❑ No ® Corps ❑ DWQ 0.004 Maintenance Corridor El Yes [_1 Corps W2 ❑ P [IT ❑ No ❑ DWQ ❑ Yes ❑ Corps W3 ❑ P ❑ T ❑ No ❑ DWQ El Yes El Corps W4 El P ❑ T ❑ No ❑ DWQ El Yes El Corps W5 ❑ P ❑ T ❑ No ❑ DWQ 2g. Total wetland impacts 0.004 2h. Comments: Total Permanent Conversion/Permanent, No Permanent Loss = 0.004acres (Permanent conversion of forested wetland to permanently maintained corridor) 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g• Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non -404, width. (linear Temporary (T) (INT)? other) (feet) feet) S1 (#1) ❑ POT Utilities -Water UT to Beaver ® PER Z Corps 20 16 . Line -Open Cut Creek [__1 INT ❑ DWQ ❑ PER ❑ Corps S2 ❑ P ❑ T ❑ INT ❑ DWQ ❑ PER ❑ Corps S3 ❑ P ❑ T ❑ INT ❑ DWQ 0 PER [:1 Corps S4 [:1 P ❑ T ❑ INT ❑ DWQ 3h. Total stream and tributary impacts 16 3i. Comments: Impact will be brought back to pre -construction stream bed elevations, and banks stabilized Page 5 of 13 PCN Form — Version 1.3 December 10, 2008 Version 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. Open water impact number — Permanent (P).or Temporary T 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) ##1 ❑P❑T #2 ❑P❑T 03 ❑P❑T 04 ❑P❑T 0. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: Page 6 of 13 6. Buffer Impacts (for DWO) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. ❑ Neuse ❑Tar -Pamlico. ®Other: Jordan Project is in which protected basin? F1Catawba El Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number — Reason for Buffer Zone 1 impact Zone 2 impact Permanent (P) or impact Stream name mitigation (square feet) (square feet) Temporary T required? Utilities- Water ® Yes B1(#1) ® P ❑ T line UT to Beaver Creek ❑ No 2,048 1,092 Construction B2 ❑ PEI T ED Yes ❑ No El Yes B3 ❑P❑T ❑ No 6h. Total buffer impacts 2,048 1,092 6i. Comments: Zone 1 impacts that require compensatory mitigation total 1, 016 ft? this Zone 1 area equals the parallel Zone 1 impacts to the intermittent stream that flows parallel to Hwy 55, not the perpendicular Zone 1 impact to the perennial stream. See Impact Exhibit Page 7 of 13 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. S&EC completed a. wetland, stream and riparian buffer delineation for the proposed waterline project so that the project. engineers could design a plan to minimize impacts to the natural resources to the maximum extent practicable. The proposed waterline extension consists of a 12" water line that will result in one impact area. The proposed impact area consists of a permanent, no permanent loss impact to a jurisdictional wetland and temporaryimpact to a perennial stream associated with construction clearing and the open -cut construction method. In addition, the 30' wide construction easement will include a 16' wide permanent maintenance corridor that will result in a "permanent conversion"from a forested wetland to a maintained herbaceous wetland. Impacts and riparian buffer clearing for this project have been minimized to the maximum extent practicable. Additionally, the waterline could not be constructed within the ROW because this. section of Highway 55 is a two lane road with extremely steep side slopes (i.e. greater than 20' in depth and at a steeper slope_ than a 1::1) and no guardrail. There is also an overhead Duke Energy easement along the ROW that will have to be avoided. In summary, the total proposed impacts for this project are 0.004 acres of riparian wetlands, 16 linear feet of stream and 2, 048 ft2 of Zone land 1, 092 ft2 of Zone 2. Furthermore; the applicant is aware of the regional conditions associated with the Nationwide Permits 12. With respect to utility line activities (NWP 12 -Regional Conditions section 4. 0), the applicant is not proposing to directionally drill or Jack& Bore because there is a significant slope on the southern side of the existing stream. In order to bore under the stream and stay completely outside of the buffers, the bore pit would have been excessively deep (i.e. greater than 259, it would have created an extreme amount of soil to be temporarily removed from the site and would have also been a maintenance problem in the future with the water line so deep; any temporary discharges into wetlands during construction activities will be kept to minimum period of time and will be contained with appropriate erosion control methods, construction corridor proposed to be 30' wide but narrows down to 16' wide within the footprint of the stream and wetland areas, utilities are not crossing the AIWW; the utilities are not aerial communication lines, the cleared wetlands within the construction corridor will be allowed to re -vegetated with native species and the permanently maintained corridor has beenminimized to the maximum extent practicable with impacts less than 0.10 acres therefore compensatory, mitigation has not been proposed, use of riprap will not be necessary.. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. construction access points are proposed for this project, one along Hwy 55 to the north of the stream and the other along_ the Town of Apex Warehouse driveway on the south of the stream. Once the water line installation is completed under the stream, the existing grades will be re-established and the rea will be stabilized. Silt fence is proposed to be installed across the easement along the Zone 2 buffer line on both sides of the stream and the impacted areas will not be disturbed any further. Construction vehicles and materials will not be allowed in the stream, buffer or the wetland area at this point. 2. Compensatory Mitigation -for Impacts to Waters of the U.S. or Waters_ of the State ❑ Yes ® No All proposed permanently converted wetland impacts are less than 0.10 acres, therefore the applicant is not prop_ osing 2a. Does the project require Compensatory Mitigation for compensatory mitigation in the form of a payment to a impacts to Waters of the U.S. or Waters of the State? mitigation bank. However, the applicant does plan to bring all impacts to wetlands back to pre -construction contours and allow these areas to re -vegetate and maintain. Additionally, stream impacts will be restored to pre -construction elevations and banks stabilized. 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps ❑ Mitigation bank 2c. If yes, which mitigation option will be used for this El Payment to -in -lieu fee program project? ❑ Permittee Responsible Mitigation Page 8 of 13 PCN Form = Version 1.3 December 10, 2008 Version 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter.from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ❑ warm ❑ cool ❑cold 4d. Buffer mitigation: requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres.. 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ® Yes ❑ No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 Parallel in Zone 1 1,016 3 (2 for Catawba) 3,048 Zone 2 1.5 6f. Total buffer mitigation required: 3,048 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: Zone 1 impacts that require compensatory mitigation total 1,016 ft? this Zone 1 area equals the parallel Zone. 1 impacts to the intermittent stream that flows parallel to Hwy 55, not the perpendicular Zone 1 impact to the perennial stream. Please see attached Mitigation Acceptance letter from the NC Division of Mitigation Services. Page 9 of 13 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 within ® Yes [:]No one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. Comments: This proposed project will not result in concentrated stormwater or ❑ Yes ® No additional imperviousness. 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? N/A, proposed activity will not add impervious to project area. 2b. Does this project require a Stormwater Management Plan? ❑ Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: This proposed project is requesting the use of a Nationwide Permit 12 and General Water Quality Certification 3884, Stormwater Management is not a conditional requirement of this General Certification. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: N/A ❑ Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? ❑ Phase II 3b. Which of the following locally -implemented stormwater management programs apply F1 NSW F1 USMP (check all that apply): ❑ Water Supply Watershed ❑ Other: 36. Has the approved Stormwater Management Plan with proof of approval been attached?. 0 Yes El No 4. DWQ Stormwater Program Review . ❑ Coastal counties ❑ HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ ORW (check all that apply): ❑ Session Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? El Yes No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 10 of 13 PCN Form Version 1.3 December. 10,:2008 Version : . F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. 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 ❑ Yes ® No environmental document pursuant to the requirements of the National or State (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the ❑ Yes ❑ No State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated ❑ Yes ® No Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑ Yes ® No 2c. If you answered 'yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. We have reviewed the "Draft Internal Policy, Cumulative impacts and the 401 Water Quality Certification and Isolated Wetlands Programs" document prepared by the NC Division of Water Quality on April 10, 2004, version 2.1. The draft states that `other publically funded projects"may or may not result in cumulative impacts. The proposed Highway 55 Waterline Extension project may result in future cumulative impacts however the Town of Apex has addressed these potential secondary and cumulative impacts within their Secondary and Cumulative Impacts Master Mitigation Plan" and Biennial Reports found on the Town of Apex SCI Master Mitigation Plan website: http✓/www.apexnc.ora/266/SCI-Master- Mitiaation-Plan In addition to this plan and report, it is important to note that the project is located within Town of Apex, therefore any proposed adjacent properties that have potential for development would have the following regulations to protect downstream waters and water quality. 1) the Water Supply, Watershed Protection Program which limits development densities as well as requires protective riparian buffers, 2) the Jordan Watershed Basin Riparian Buffer Protection regulations, these regulations require limited development within the riparian buffers, "diffuse flow" of any concentrated stormwater which could require Best Management Practices to control nitrogen and phosphorus if diffuse flow cannot be achieved, and finally 3) the Phase II NPDES Stormwater Permit Program, this program includes permitting requirements for Municipal Separate Storm Sewer Systems (MS4s) in addition to post -construction stormwater management requirements. We anticipate that the DWR will advise us if any additional information is necessary. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. N/A Page 11 of 13 PCN Form — Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Rp.quirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes ® No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ® No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Raleigh ❑ Asheville Page 12 of 13 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? The NC -Natural Heritage Programs Data Explorer Map was used to search for elemental occurrences of federally protected species listed within 1 mile of the project boundaries. It was determined based on the search that there are no elemental occurrences that are listed as federally Threatened/Endangered within 1 mile of the project boundaries. Please note the Final 4(d) rule identifies the Northern Long-eared Bat as a Threatened species within Wake County. References: North Carolina Natural Heritage Program Data Explorer Search [January 27, 2016]. Department of Environment and Natural Resources, Office of Land and Water Stewardship, Raleigh, NC. htta://www.ncnhp.orcr/ 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? Project located in Wake County. This project is not located near any designated Essential Fish Habitat areas. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal ❑ Yes ® No governments have designated as having historic or cultural preservation status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? The NC State Historic Preservation Office HPOWEB GIS Service interactive map was referenced on January 27, 2016, no historic structures were identified within the property boundaries. Additionally, no structures were identified onsite during the wetlands evaluation. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain? ❑ Yes ® No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? Project engineer and the NC Floodplain Mapping Program z (, January 29, Deborah E. Shirley 2016 Applicant/Agenfs Signature Applicant/Agent's Printed Name (Agent's signature is valid only if an authorization letter from applicant is provided.) Date Page 13 of 13 Soil Environmental Consultants., PA 8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 - Phone: (gig) 84lr5.900 * Fax: (919).846-9467 sandec.com MUNICIPAL OFFICIAL] AGENT AUTHORIZATION Project Nam.e/Description: Town of Apex Hwy 55 Waterline -S&EC Project # 12502. Date: 1 'Z—'Z The Department of the Army U.S. Army Corps of Engineers, Wilmington District 69 Darlington Avenue Wilmington, NC 28403. Attn: James Lastihizer Fiefd Office: Ral6i6 Regulatory Field Office This document authorizes Soil & Environmental Consultants, PA (S&EQ (as my:agent) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of a permit or certification and any and all associated standard and special conditions. This notification supersedes any previous correspondence concerning the agent for this project. NOTICE: This authorization, for Liability and professional courtesy reasons, is valid only for government officials to enter the property when accompanied by S&EC staff. You should: call S&EC to arrange a site meeting prior to visiting the site: PARCEL INFORMATION: Parcel Index Numbers) (PIN): 0742211229 Site Address: 503 W. Chatham Street City, County, State: Apex Wake CountyNorth Carolina PROPERTY OWNER INFORMATION: Name -�® ;. �, 1�-o�X PuO(i(,tNor-ks an Uf,1 ate c Address• 105 R 0pr-,i,- (A -e1, k1 F 7 a Phone No.: (91 q) Z. .q 9-'11(0 -b Fax No.:.(cl1 q) 3177 - 7 6-5 Mobile No.: (7).q) ,2 g i. - z 5a 7 - Email: T,6,\ "r k -t S�An FGA 4f, Municipal Official (please print) Date finicipal Official's -Signature We hereby certify the above information submitted in this application es true and accurate to the best of our knowledge 55 ;I?YAO �j N P.0 HUNTER ST 74 Us tice� �Hei " s=ue Project Number: Map Title: 12502.W I U5G5 Map Project Manager: 513 Town of Apex Hwy 55 Waterline 5cale: Wake County, NC 1 " = 500' Source: Date: 1 1-71 1 G U565 Apex Quadrangle J Jq Limit of Evaluation ;n N 0 250 500 750 1,000 Feet Soil a Environmental Consultants, PA Ni] f.Eln d-�siw Reed. Rmne I W.ILJNg6..\C 2'!LI S • hea.•. 1919)R�6�J9W • fe. (919�1169bJ arde[cnm North [7epr:,ne!'t of Envircl!merit ,and Natural Resources Prat I-AcCro�i y I own of Apex P.O. Box 250 Apex, NC 27502 Donald R. var del r May 11, 2015 LWL Y 18 Zo15 na^ UA Subject: Buffer Determination NBRROft 15.177 Wake County Determination Type: Buffer Call Isolated or EIP Call ❑Neuse (15A NCAC 2B .4233) ❑ Tar -Pamlico (15A NCAC 2B ,4259) ❑Ephemeral/IntennittenUPerennial Determination ❑ Isolated Wetland Determination j ® Jordan (15A NCAC 28.0267) J Project Name: Locat ion }Directions: Subject Stream: _ Town of Apex frWY 55 Waterline Property is located along HWY 55 next to the town Public works building. Beaver Creek Determination Date: May 6, 2015 Feature ~ Not Subject /lwlag � Subject To To Butlers A. Buffers X . __.. _ __ _.: Pond I X P F'P - Fphemeral'intenniuentrPercnnial Staff: James Graham Start@a (_ Stop@a Soil � USGS Survey Topo _ X. X _ X - X 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 1:24,440 scale. Each feature that is checked "Not Subject" has been detennined not to be it 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 Almy Corps of Engineers andlor to the Division of Water Resources (DWR). ?4olit hCaru ina ,1aturn��/ North Caroikna Division of Water Resources, 1628 Mad Service Center Raleigh, NC 27699-1628 Phone (919) 791-420D Internet wvm numitentuaht_y ory Location: 3800 Barrett Drive Raleigh, NC 27609 Fax (919) 788-7159 An Equal 0ppo-blI V limNe Atter E00ner.- 50% RM0eW10`ru Post COMM Pape.' Town of Apex NWY 55 Waterline Wake County May 12, 2015 Page 2 of 2 This on-site determination shall expire five (S) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWR or Delegated Local Authority ma) 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. If sending ria US Postal Service c/o Karen Higgins DWR _. 401 A Buffer Permining Unit 1617 Afall Service Center Raleigh, NC 27699-1617. If sending via defivroy service (UPS, fedi x, etc.) Karen Higgins D N'R — 401 do Buffer Permitting Unit 512 N .Sollsbury Street Raleigh, NC 2 760. 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 an) 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)-S.S4-4884. If You have questions regarding this determination, please feel free to contact lames Graham at (919) 791-4256. Respectfully. Danny Smith, Supervisor Water Quality Regional Operation Section Raleigh Regional Office cc: RRO+SWP File Copy Steven Ball S&EC 8412 Falls of the Neuse Rd Suite 104 Raleigh, NC 27615 or S& EC :. Iga2 GMW M!� fB irB 02 Lima of €ve!"m t r ` r ' 41 x ►, • , .�. 4'ir s l-Ap i. M fC w R.� t +fit • . �, � x 4 b+ _ Ip • 4 Chu Project Number: Map Ttfle: 1 2502.E I 0 250500 750 1.003 1 Project Manager: 5w burvey Map - - 5B Town of Apex Hwy 55 Waterline Feet 5ca6�: 500' Wake County, liC i � = So�r�t: Soil a Env}r�'mnes tnl Con's hams, PA Fate; Wake Co:oty Soil 5uYey 1/711 5 5reatb 65 4 G� WYAN D is AL mi. Justice,, Heights FWOYNIMI' Pf.,q:,t:c.t Ma=,aper; 5B Jr„ a.c: 1 500' tutu 4Y43 S,;N 500 750 1 0 0505 Map 25 - Feet own, of AFpc:x tlk-/ 55 tl%(ite^hnc Sail & Invirosmirotal col'Whafilts G5 Ap:� C"wi�rvj't Environmental Quality January 26, 2016 Stan Fortier Town of Apex -Public Works & Utilities 1506 Upchurch Street Apex, NC 27502 Project: Town of Apex -Highway 55 Waterline Extension Project PAT MCCRORY 6owrno.' DONALD R. VAN DER VAART Sfrrefory Expiration of Acceptance: July 26, 2016 County: Wake The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in -lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in4leu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed at http.1/portal.ncdenr.org/web/eep. Based on the information supplied by you in your request to use the DMS, the impacts that may require compensatory mitigation are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. Impact River CU Location Stream (feet) Wetlands (acres) Buffer I Buffer II Basin (8 -digit HUC) (Sq. Ft.) (Sq. Ft.) Cold Cool Warm Riparian Non -Riparian Coastal Marsh Jordan -Lower New Hope Cape Fear 03030002 0 0 0 0 0 0 1,016 0 Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010 and 15A NCAC 02B .0295 as applicable. Thank you for your interest in the DMS in4ieu fee mitigation program. If you have any questions or need additional information, please contact Kelly Williams at (919) 707-8915. cc: Debbie Shirley, agent Sincerely, �_'�&Vo Jam s. Stanfill Asse anagement Supervisor "Nothing Compares,_ State of North Carolina I Environmental CArality 1601 Mail Service Center I Raleigh, North Camllna 27699 1601 919-707-8600 I � \ POND I i I °7 0' EDGE OF WATER f °n 7- y r\�< d� �4 \�� J Ex. TOP OF BANK SAM SPILLWAY Wetlands •...........�\/ ) _ � � moo. � _ � ..:y"•.p'•.• ,� \ \ 0 WA, �Of lJ * x ..�. .\ •�.' '`. , \ / -TCE ConstructiOn Easement TCE Tem TCE 10 Ease �t PWE, \` / PW TCE T E \ \ PWE PWE �.... WE jA/�tlnds j/ i/.�..i' ' I, ( 1 i \ E 201 PWE PveTE 1--t' W \ o\ P ' - J \ " \ — TCE — TCJ�ci n� �1 ''1 I Pw ) I I I w- 10' Temp Construction Easement TCE TCE \ J�,J�.��,.i , 16 Perm Water as + awE ���� f w�'�T \ \ \ \ PO \ TCE TCE TCE / 1 y /� / PWE- 20' Perm Water Easement /J/ +�++ WE �— WE PWE PWE PWE —PWE\—/�. \ +++ PWE -�� PWE r PWE i + 1 at _ k&P-12" WATER LINE— w \ ' �� E 20 E s dnt t O Wad• �R —wT=—w —T�+ w' w / PWE/ I PWE I PWE{ PWE PWE PWE E2�err�'W e� LaseMentl —_— —_ ---- ---- _---_---- /� J ) ghtb� fi =`-- -7- -----------_--_--- - - - - - - - - - - - - - - - -- - - - - _ - - - - - - - - - - - - - - z _ _ _ _ _ — _ _ Ex. Overhead Power a=te= _ — — — — — — — — Existing Edge of Pavement / ------_—__— H1r..14 11AY `�------------- —\ Q (100' RIGHT OF WAY� f Pavement` \ _Existth9 Bae,/�j�' E g Edge �_.S�P -- Of} / /'�J' j- - -- — op - -op TEMPORARY IMPACTS ZONE 1 BUFFER 1,032 SF ZONE 1 BUFFER WITH MITIGATION ZONE 2 BUFFER 1,016 SF 1,092 SF--/J�-�JJ�JJ STREAM - LENGTH 16 LF ` • ' ++ + STREAM - AREA 326 LF PERMANENT IMPACTS WITH NO PERMANENT LOSS WETLAND 1 158 SF R►g�t of Way, z j U wN �U.Jo LLJ LU N N Q Q z J CC_ L z �< ern _O I- } Lnw� >Q z O w �z = X 0- Lu =Q I--- Xd LU W LU LL, J w N Ln O LL _ r - O0 "NN°° z U C� M Q = ' a) z UX d w w Y D0 -z 0 Ln = - C a OU co m D a. DATE: 1-15-2016 SCALE: 1"=30' IMPACT EXHIBIT PP EX • 1873 • O z �3y o� CAS