HomeMy WebLinkAbout20040108 Ver 1_More Info Received_20040710Soil ~ Environmental Consultants, PA
11010 Raven Ridge Road Raleigh, North Carolina 27614 Phone: (919) 846~u00 9, ~~co~919) 846-9467
www.SandEC.com VV
S&EC Project #7472.W0
DWQ #04-0108
Action ID #200320638
NCDENR-DWQ
Attn: Mr. Bob Zarzecki
2321 Crabtree Blvd
Parkview Building
Raleigh, NC 27604
RE: Miramonte Subdivision changes
Dear Mr. Zarzecki:
WETLANDS /401 GROUP
JUN Y 0 2004
WATER QUAt-11Y SECTION
As per our conversation, please find the attached copy of the inset map for the proposed
road crossing. Please replace the previous PCN form with this form. As requested, a 50-
footbuffer has been placed around the inlet of the road's culvert and will be established
after construction of the road. The outlet pipe of the detention basin was rerouted to
discharge into the wetland at a point upstream of the road crossing. As discussed, please
issue the 401/buffer compliance with a condition that information insuring sheet flow be
provided and approved.
Please call or email me at SClark(a,SandEC.com if you have any questions or require any
further explanation.
Sincerely,
J
Sean Clark
Environmental Scientist
Attachments:
Revised Pre-construction (PCI~ notification form
Proposed Wetland Impact Map
CC: Jennifer Burdette (USAGE)
Charlotte Office: Greensboro Office: Hickory Office:
236 LePhillip Court, Suite C 3817-E Lawndale Drive 622 Coon Mountain Lane
Concord, NC 28025 Greensboro, NC 27455 Taylorsville, NC 28681
Phone: (704) 720-9405 Phone: (336) 540-8234 Phone (828) 635-5820
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
1. 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
2. Nationwide, Regional or General Permit Number(s) Requested: 39
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 Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), 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: ^
II. Applicant Information
l . Owner/Applicant Information WETLANDS / 401 GROUP
Name: Stone Hed a Carolinas
Mailing Address: Attn: Paul Murphy N Y 0 2004
4000 Westchase Blvd #500
Raleigh NC 27607 QUALITY SFt'T-n~i
Telephone Number: 919-839-5900 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: Sean Clark
Company Affiliation: Soil & Environmental Consultants, PA
Mailing Address: 11010 Raven Ridge Road
Raleigh NC 27614
Telephone Number: (919)846-5900 Fax Number: (919)846-9467
E-mail Address: Sclark SandEC com
Page 1 of 9
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: Miramonte Subdivision
2. T.I.P. Project Number or State Project Number (NCDOT Only): NA
3. Property Identification Number (Tax PIN): 07500116447
4. Location
County: Wake Nearest Town: Apex
Subdivision name (include phase/lot number): Straywhite Avenue
Directions to site (include road numbers, landmarks, etc.): The property is located on the
east side of NC Hi~hway 55 approximately ahalf--mile north of its intersection with Sunset
Lake Road.
5. Site coordinates, if available (LJTM or Lat/Long): 35°41'27.48" N / 78°49'54.50" W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): +/- 80 acres
7. Nearest body of water (stream/river/sound/ocean/lake): UT to Middle Creek
8. River Basin: Neuse
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http:/lh2o.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 site is currently wooded. The property to the south is
under construction and will be residential. Land use in the vicinity of the ~ro'ec1 t is primarily
residential or wooded.
Page 2 of 9
10. Describe the overall project in detail, including the type of equipment to be used: The
project consists of a residential communityand its associated utilities (roads, sewer, etc) and
the construction of a public secondary road that will connect NC Hi~hway 55 with Reunion
Creek Parkway (currently under construction). Heavy equipment associated with land
clearin and construction will be utilized.
11. Explain the purpose of the proposed work: The purpose of the project is to provide
additional housing_ for the area Straywhite Avenue is part of the Town of Apex
'Thoroughfare Plan and will serve as an alternate route from the intersection of Hwy 55 and
Reunion Creek Parkway
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.
S&EC completed a detailed wetland delineation and Neuse River Buffer evaluation on the
property that the proposed road will transect on November 25 2002. Ms Andrea Wade of the
USACE issued a notification of jurisdictional determination on June 2, 2003 (AID 200320638).
Ms Deborah Edwards of the NC-DWQ made a site visit and confirmed the buffers on November
20 2002 (NRRRO 03-035) Mr Dave Penrose of the NC-DWQ also visited the site to make a
perennial stream determination on Februar~l0 2003. Mr. Penrose determined that the stream
becomes perennial at point 15 feet downstream of the point in which it becomes buffered. Ms
Jennifer Burdette of the USACE met onsite and determined that the stream becomes important at
a point +/- 60 feet downstream of the point in which the feature becomes buffered.
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.
A greenway trail has been proposed to go throu the property on the north side of Middle
Creek however a specific comdor has not vet been approved and will be based on the existence
of wetlands and streams in the area.
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. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
Page 3 of 9
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must 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: The proposed impacts consist of 54
linear feet of perennial channel, 57 feet of intermittent channel, and 0.017 acres of wetland
impact resulting from the proposed construction of the residential subdivision. Impacts are
due primarily to the main thoroughfare road, Straywhite Avenue, which is on the Town of
Apex's thorou>hfare plan.
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
Impact # 1 PermanenUfill 0.003 No +/- 150' Headwater seep
Impact # 2 Excavation/flooding 0.0145 No 0 Headwater seep
Impact #3 Permanendfill 0.002 No +/- 140 Headwater seep
* List each impact separately and identify temporary impacts. 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.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps aze available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fema.eov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: +/- 0.5 acre
(area east of Middle Creek not evaluated) _
Total area of wetland impact proposed: 0.019 acre
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
(indicate on map) (linear feet) Before Im act (pleases ecify)
Impact # 2 Culvert/riprap 57 UT to Middle Creek 2-3' Intermittent
Impact #2 Culvert/riprap 54 UT to Middle Creek 2-3' Perennial
* List each impact separately and identify temporary impacts. Impacts include, but aze not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the -USGS at 1-800-358-9616, or online at
www.usgs.gov. Several Internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapquest.com, etc.).
Page 4 of 9
Cumulative impacts (linear distance in feet) to all streams on site: 111 linear feet (57 LF of
intermittent stream channel and 54 LF of perennial stream channel)
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact Area of
Name of Waterbody Type of Waterbody
Site Number Type of Impact* Impact (if applicable) (lake, pond, estuary, sound,
(indicate on ma) (acres) bay, ocean, etc.)
NA
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. 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.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): NA
Size of watershed draining to pond: NA Expected pond surface area: NA
VI. 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.
The primary function of Straywhite Avenue is to connect NC Hig~way 55 with the future
Reunion Creek Parkway A detailed delineation was conducted on the property in an effort to
avoid impacts to the maximum extent practicable Given the two fixed points of intersection,
variations of potential road alignments were limited A large wetland exists downstream of the
proposed crossing_thereby making, it less of a feasible option to shift the road in this vicinity.
The property to the south of the proposed thoroughfare road is currently developed so that a road
cannot be extended through to the south of the proposed corridor Straywhite has been realigned
and the detention basin taken offline so as to decrease the impacts to the perennial stream
channel buffers and wetlands The floodplain of Middle Creek has been avoided, as has the
lower portion of the tributary to Middle Creek
Page 5 of 9
VII. Mitigation
DWQ - In accordance with 15AeNs invol iv n.OSOeaterlthantor eequal to onegacr of impactsrt
Division of Water Quality for prod g ~'
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 March 9, 2000, 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 NCWRP 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 Cazolina, available at
h_ttp'//h2o enr state nc us/ncwetlands/strm~ide.html.
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.
Because eve effort has been taken to avoid im actin the erennial stream S&EC does not
believe that stream miti aton should be re uired. Im acts to the erennial stream have been
reduced from 245 LF to the 54 LF ro osed in this submittal. This distance is less than 150
LF so DW should not r uire stream miti aton.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
(919) 733-5208 to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application. process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Page 6 of 9
Amount of stream mitigation requested (linear feet): NA
Amount of buffer mitigation requested (square feet): NA
Amount of Riparian wetland mitigation requested (acres): NA
Amount ofNon-riparian wetland mitigation requested (acres): NA
Amount of Coastal wetland mitigation requested (acres): NA
VIII. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ^ No
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 ^
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 ^
IX. 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
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.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ® No ^ If you answered "yes", provide the following information:
Page 7 of 9
Identify the square feet and acreage of impact to eac ~ of miti tat onpby applying the buffer
mitigation is required calculate the required amoun g
multipliers.
Straywhite Avenue Crossing
Required
* Impact Multiplier Mitigatiot
Zone s care feet)
1
8571 NA
3
2 5801 1.5 NA
NA
Total 14,372
I_f buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Please attach al~appropriate iinformation as
Payment in inn R1pA NCAC 2Br.0242 ort10260~d).
identified w _ ., , ,,, ...._e +~,o „rnr~nced crossing is considered an "allowable"
acnvit auu «~.,~.,~.,.., ~..__ ---
ro osed.
X. Stormwater (required by DWQ)
ro osed) versus total acreage on the site.
Describe impervious acreage (both existing and P p rotect surface waters and wetlands
Discuss stormwater controls proposed in order to p
downstream from the property. ~ __. ~.,..,~ t1,P „rn„c,sed site ~iaii IsPP im»act may as
~, Sewage Disposal (required by DWQ)
Clean detail the ultimate treatment methods and dispositio a (a °~ of the u bject facili ge) of
Y
wastewater generated from the proposed pP~j Pr lines from he Town of A ex.
XII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H
Yes ^ No
Is this anafter-the-fact permit application?
Yes ^ No
0500) or any Buffer Rules?
Page 8 of 9
XIII. 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).
z~~Y
Ju N ~^ ~(
ApplicantlAgent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 9 of 9
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