HomeMy WebLinkAbout20080214 Ver 1_401 Application_20080208Environmental Consultants, PA
:Road Raleigh, North Carolina 27614 Phone: (919) 846-5900 Fax: (919) 846-9467
www.SandEC.com
To: US Army Corps of Engineers
Raleigh Regulatory Field Office
Attn: Mr. Jamie Shern
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
From: James Dasher
Soil & Environmental Consultants, P.A.
11010 Raven Ridge Road
Raleigh, NC 27614
Re: E-27 (Fuquay Elementary School)
Fuquay-Varina, Wake County, NC
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On behalf of the applicant, Wake County Public School System (WCPSS), 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 precede under Nationwide Permit
39 and General Water Quality Certification 3705. Please contact me at (919) 259-6562 if you have any questions or
require additional information.
PROJECT SUMMARY
Pro'ect Name E-27 Fu ua Elementa School
Pro'ect T e Public School
Owner / A licant Wake Coiin Public School S stem
Coun Wake
Nearest Town Fu ua -Varina
Waterbod Name UTs to Basal Creek
Basin /Sub-basin 03-04-03
Index Number 27-43-15-3 Basal Creek
Class B; NSW
USGS Catalo in Unit 03020201
IMPACT SUMMARY
Stream Impact (acres): 0.050 ac.
Wetland Impact (acres): 0 ac.
Open Water Impact (acres): 0 ac.
Total Impact to Waters of the U.S. (acres) 0.050 ac.
Total Stream Impact (linear feet): 173 LF
Attachments: Pre-construction Notification (PCN) Application
USGS & Soil Survey maps
Agent Authorization
DWQ NBRRO #07-248
Impact Exhibits & Overall Site Plan ~
DW Onl ~~~nn/]~
PCN Addendum; f f ~ ~/ D
Impact #3 Stream Profile;
$4,000 Application Fee; FF~ s~ ~~ n '"
Full-Size site plans J'7''
DENFt -
Charlotte Office: ORMINA1Ek NYC;., 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
14 February 2008
S&ECProject# 10775.W8
N.C. Division of Water Quality
401 Oversight and Express Permits Unit
Attn: Cyndi Karoly
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
Office Use Only: Form Version March OS
USAGE Action ID No. DWQ No.
(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:
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), the o ~~ ~ n
II. Applicant Information FEB ~ 4 2008
1. Owner/Applicant Information
Name: Wake County Public Schools .,,~euost~OS~o~A Ra~~
Mailing Address: Attn: Chuck French R~
Facilities Building
1551 Rock Ouarry Rd.
Raleigh, NC 27610
Telephone Number: 919-508-9049 Fax Number:~919) 856-8288
E-mail Address: cfrench(a~`pss.net
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: James Dasher
Company Affiliation: Soil & Environmental Consultants, PA
Mailing Address: 11010 Raven Ridge Road
Raleigh, NC 27613
Telephone Number: 919-259-6562 Fax Number: 919-846-9467
E-mail Address: jdasher e,sandec.com
Updated 11/1/2005
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 maybe included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USAGE 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: E-27 Fuquav Elementar~School)
2. T.I.P. Project Number or State Project Number (NCDOT Only): None
3. Property Identification Number (Tax PIN): 0658812183
4. Location
County: Wake Nearest Town: Fuquav-Varina
Subdivision name (include phase/lot number): None.
Directions to site (include road numbers/names, landmarks, etc.): The. site is on the west
side of Herbert Akins Road (,SR 1397) roughly 1 700 feet northwest of the intersection with
James Slaughter Road (SR 1399)
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): 35.620733 °N 78.803581 °W
6. Property size (acres): X44.78
7. Name of nearest receiving body of water: UT to Basal Creek (27-43-15-3: B; NSW~_
8. River Basin: Neuse~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 site is lar eg ly a>;ricultural, with forested strips along the
north and east pronertv boundaries. Adiacent parcels are mostly agricultural and residential,
with heavier residential and commercial development within ahalf--mile to the south toward
the Fuquav central business district and along the NC 55 corridor to the northwest.
Updated 11/1/2005
Page 2 of 9
10. Describe the overall project in detail, including the type of equipment to be used:
The proposed~roject is a public elementary school. Access to the site requires crossing an
unimportant/intermittent stream. NC DOT requires road expansion to provide aturn-lane,
resulting in another impact .to an important/perennial stream in the northeast corner. Finally,
Ong into existing- sanitary sewer requires a buffer impact ut no stream impact, due to
directional boring,) near the northwest property corner. Standard heavy equipment typically
used. for rg ading excavation and construction will be employed in preparing the site for
construction.
11. Explain the purpose of the proposed work: The proposed project will provide a public
elementary school. Attendant stream and buffer impacts result from providing required
infrastructure (transportation and sanitary sewer).
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 conducted a detailed wetland delineation and Neuse R~arian Buffer evaluation on the
entire property and adjacent features in June 2007. On October 3, 2007, S&EC delineated the
northeast side of Herbert Akins Road for inclusion in potential road widening impacts. On
October 11 2007 Mrs. Lauren Witherspoon of the NC DWO conducted a site visit to verify
Neuse Riparian Buffers for the property and adjacent features (see NBRRO#07-248 letter,
attachedl. On November 1, 2007, Mr. Jamie Shern of the USACE confirmed the wetland
delineation. S&EC submitted an Initial Interest Form to the NC DWO Express Review program
on January 31, 2007. On February 4, 2008, James Dasher of S&EC: the site desig~ler Mrs.
Renee Pfeifer and the engineer Mr. Kenneth Loring, both of CLH; and the property owner, Mr.
Chuck French of Wake County Public Schools, met Ms. Lia Myott and Mr. Joseph Gyamfi of
the NC DWO Express Review program for the pre-aFplication meeting. This PCN and the
attached plans are the fruit of this~rocess.
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.
To m_y knowledge the Wake County Board of Education does not anticipate submitting future
permit requests for this project. The site planner and project manager, Mrs. Renee Pfeifer, has
indicated that the Town of Fuquay-Varina has expressed interest in connecting to sanitary sewer
facilities on site at some unspecified time in the future. However, any such work would be
handled by the Town of Fuquay-Varina or the Town's a>;ent, contractor or partner.
Updated 11/1/2005
Page 3 of 9
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 maybe 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 applicant proposes impacts in three locations on site. Impact Area #1 includes impacts from
a sanitary sewer installation and maintenance corridor required by the Town of Fuquay, and
erosion control measures to reduce storm water impacts from storm water management redesigns
requested by NC DWQ Express Review staff The maintenance corridor will-result in no stream
impacts while the requested storm water redesi~ will result in 21 linear feet of temporary
stream impact Related buffer impacts total 3 145 square feet Impact Area #2 results from road
widening required by NC DOT The applicant proposes installing a headwall to support the road
and fill which will require 121inear feet of stream impact and 1.996 square feet of buffer impact.
Impact Area #3 includes impacts from a road crossing, required to access the site. The proposed
road will result in 1401inear feet of unimportant/intermittent stream impact and 9.735 square feet
of buffer impact
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,
cenarately list impacts clue to tenth structure and flooding.
Located within Distance to Area of
Wetland Impact Type of Wetland 100-year Nearest- Impact
Site Number Type of Impact (e.g., forested, marsh, Floodplain Stream (acres)
(indicate on map) herbaceous, bog, etc.) ( es/no linear feet)
None None NA NA NA 0
Total Wetland Impact (acres) 0
3. List the total acreage (estimated) of all existing wetlands on the property: < 0.5 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,
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.
Updated 11/1/2005
Page 4 of 9
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
1 UT to Basal Creek Te
~
r e perennial g ~ 21' 0.004
~,ate
lat d
2 UT to Basal Creek Temporary - perennial 4.5' 12' 0.001
Headwall
3
UT to Basal Creek Permanent-Road
Intermittent 14
140'
0.045
Crossing
Total Stream Impact (by length and acreage) 173' 0.050
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, dredain~, 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)
None NA NA NA 0
Total Open Water Impact (acres) 0
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.050
Wetland Irr1 act (acres): 0
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.050
Total Stream Impact (linear feet): 173
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.
No isolated waters exist on site.
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.): No ponds will be created
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): NA
Current land use in the vicinity of the pond: NA
Size of watershed draining to pond: NA Expected pond surface area: 0
Updated 11/1/2005
Page 5 of 9
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It maybe 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 applicant retained an environmental consultant to identify and delineate all jurisdictional
waters on site. Further, the a~nlicant avoided all potential wetland impacts. Additionally, in
designing the road widening in the northeast corner (Impact Area #2 ,the applicant requested
additional delineation of off-site waters to determine the direction that would least impact
surface water quality. After apre-application meeting with Ms. Lia Myott and Mr. Joseph
Gyamfi of NC DWQ Express Review, the applicant further redesigned the road widening to
reduce permanent stream impacts by 70 linear feet, and modified storm water in the northwest
corner (Impact Area #1) to reduce potential .buffer impacts and potential stream degradation
resulting; from the original design.
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.
USAGE - 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 USAGE 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 (see DWQ website for most current
version.).
Updated 11/1/2005
Page 6 of 9
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.
Proposed impacts do not reach the threshold at which the USAGE typically requires
mitigation. If the USAGE decides to require mitigation, the applicant will propose paw
to NC EEP.
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://www.nceep.net/pages/inlieureplace.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
Amount ofNon-riparian wetland mitigation requested (acres): 0
Amount of Coastal wetland mitigation requested (acres): 0
IX. Environmental Documentation (required by DWQ)
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
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
Updated 11/1/2005
Page 7 of 9
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 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.
Zone* Impact
s uare feet) Multiplier Required
Miti ation
1 9,042 3 (2 for Catawba) 0
2 5,834 1.5 0
Total 14,876 0
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 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.
The proposed impacts are "Allowable" in the Table of Uses. Therefore, buffer mitigation is
not required for these impacts
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.
The per cent impervious for the entire project is under 19%. However storm water mana eg~ent
measures received an initial review from Ms Myott and Mr. Gyamfi during the pre-application
meeting and have been modified according to their suggestions. Also Stormwater device
calculations are included as a separate item in the attached documentation.
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.
As part of the proposed impacts the project will tie into Town of Fuquay-Varina sanitary sewer.
Updated 11/1/2005
Page 8 of 9
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this anafter-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 Policy Cumulative impacts and the 401 Water Quality
Certification and Isolated Wetland Programs Version 1 6 a document prepared by the NC DWO
and released on October 3 2002 ~ While Section II of the draft policy. Other publicly-funded
development projects does not specify public schools it distinguishes between smaller and
larger projects We believe that~rojects of this type are similar to "the development of a
regional public park or a new library" that the document says "is unlikely to result in cumulative
impacts "
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).
The applicant hopes to open the doors to the proposed elementary school in Fall 2009. Because
of the immense pressure on WCPSS to accommodate a rapidly growing~student population, the
~~licant hopes that questions from the USACE or NC DWO regarding items included in this
PCN or in the attached documentation can be resolved quickly. Please do not hesitate to call the
consultant at 919 259 6562 with an~questions relating to the le Ig'bilit~ of attached
documentation or unclear~hraseology in this PCN Of course if the application is incomplete in
any way the applicant understands that the agencies will respond through the normal channels.
Updated 11/1/2005
Agent's Signature Date
is valid only if an authorization letter from the applicant is provided.)
Page 9 of 9
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Project No. Scale: i `'
~o~75.W1 ~" = 2000' FIG. 1 -USGS TOPOGRAPHIC MAP SOURCE: ~ 11010 Raven Rid Rd.
Project Mgr. Drawn sy: WAKE CO. PUBLIC SCHOOL SYSTEM FUQUAY VARINA ~ Raleigh, NC 27614
JD MM WAKE COUNTY, NC USGS QUADRANGLE g19~846-5900
DATED:1999
Date: 06/25/07
~~ronmental Consultants, PA
Raltigb, North Carolina 27614 • Phone: (919) 646.5900 Fax: (919) 846-9467
wwar.SandBCrcom
Name: ~r`la-~~ (~-1,~1~a t~Ubli c~ C7~M~ ~Ju~ ~.w~ .
Address: ~~ t ~r ~~~ l.X'~.,r r u ~ _ .
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Project Name/Description: ~-z.'~ ~,'~-o S&EC Project # 1d~7 "'~ ~j • X1.1.
Date: a - l O - U-1
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
P.O. Box 1890 _
Wilmington, NC 28402
Attn:
Field Office:
Re: Wetlands Related Consulting and Permitting
To Whom It May Concern:
I, the current landowner or municipal official, hereby designate and authorize Soil & Environmental Consultants,
PA to act in my behalf as my agent in the processing of permit applications, to fiunish upon request supplemental
information in support of applications, etc. from this day forward. Tire 1 pt1r~ day of S E.f~~..t{s,~1L .
This notification supersedes any previous correspondence concerning the agent for this project.
NOTICE: Thts authorization, for liability and professional courtesy reasons, is valid only for government officials to
eater the property when accompanied by S&EC staff. Yon should call S&EC to arrange a meeting prior to
visiting the site. _
~ auat~~ _ .
Print Prop Owner's or Municipal Official's Name Property wner's or Municipal Official's Signature
cc: Ms. Cyndi Kamly
NCDENR - DWQ
2321 Crabtree Boulevard
Raleigh, NC 27604
cc: Mr. James Dasher
Soil & Environmental Consultants, PA
Ch lotto Office: C,nxnsboro p{+5~;
236 I.ePhiilip Court, Suite C 3817-$ Lewndale Drive
Concord, NC 28025 Gc+eensboro, NC 27455
Phone: (704}720-9405 Phone: (336)540-8234
Fax: (704} 720-9406 Fax: (336) 540-8235
AGENT AUTHORIZATION FORM
All Blanks To Be Filled In By The Current Landowner or Municipal Official
~~F WATFRQ Michael F. Easley, Governor
O ~ William G. Ross Jr., Secretary
Narth Carolina Department of Environment and Natural Resources
[ Coleen Sullins, Director
>_
"i Division of Water Quality
Q .~ _ _~ '~
,~:.
Soil and Environmental Consultants
Attn: James Dasher
10010 Raven Ridge Road
Raleigh, NC 27614
October 17, 2007
NBRRO#07-248
Wake County
BASIN:
Neuse River X
Tar-Pamlico
(15A NCAC 2B .0233) (15A NCAC 2B .0259)
Complaint NOV Buffer Determination X
Incident # Appeal Call
Project Name: Wake County School System
Location/Directions: located northwest of the intersection of James Slaughter Road and Herbert Skins Road in
Fuquay Varina
Subject Stream: UT to Basal Creek
Date of Determination: 10/11/07
Feature(s) Not
Subject Subject Start @ Stop@ Stream Form
Pts. Soil Survey USGS
Topo
A X Throu hoot X X
B X Below Pond 1 X X
C X Throu hoot X X
Pond 1 X X X
Pond 2 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 1:24,000 scale. Each feature that is checked
"Not Subject" has been determined not to be a stream or is not present on the property. Features that are checked
"Subject" have been located on the property and possess characteristics that qualify it to be a stream. There may be
other streams located on your property that do not show up on the maps referenced above but, still may be
considered jurisdictional according to the US Army Corps of Engineers and/or to the Division of Water Quality.
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 DWQ or Delegated Local Authority that a surface water
exists and that it is subject to the buffer rule may request a determination by the Director. A request for a
determination by the Director shall be referred to the Director in writing c/o Cyndi Karoly ,DWQ
Wetlands/401 Unit, 2321 Crabtree Blvd., Raleigh, NC 27604-2260. Individuals that dispute a determination
by the DWQ or Delegated Local Authority that "exempts" a surface water from the buffer rule may ask for
an ad judicatory hearing. You must act within 60 days of the date that you receive this letter. Applicants are
hereby notified that the 60-day statutory appeal time does not start until the affected party (including
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection
Internet h2o.enr.state.nc.us 1628 Mail Service Ccnter Raleigh, NC 27699-1628
Phone (919) 791-4200 Customer Service
FAX (919) 571-4718 1-877-623-6748
I~~ Carolina
~tura!!y
An Equal OpportunitylAfflrmatNeAction Empbyer- 50% Recycledll0% Post Consumer Paper
Wake County Public School System
Wake County
10/17/07
Page 2 of 2
downstream and adjacent landowners) is notified of this decision. DWQ recommends that the applicant
conduct this notification in order to be certain that third party appeals are made in a timely manner. 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
determination is final and binding unless you ask for a hearing within 60 days.
The (owner/future owners) should notify the Division of Water Quality (including any other Local, State, and
Federal Agencies) of this decision concerning any future correspondences regarding the subject property
(stated above). This project may require a Section 404/401 Permit for the proposed activity. Any inquiries
should be directed to the Division of Water Quality (Central Office) at (919)-733-1786, and the US Army
Corp of Engineers (Raleigh Regulatory Field Office) at (919)-876-8441.
Respectfully,
Lauren C. Witherspoon
Environmental Senior Specialist
CC: Wetlands/ Stormwater Branch, 2321 Crabtree Blvd, Suite 250, Raleigh, NC 27604
RRO/SWP File Copy
Central Files
NNE` Carolina
~aturallr~
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone (919) 791-4200 Customer Service
IntemeE h2o.enr.state.nc.us 1628 Mail Service Center Raleigh, NC 27699-1628 FAX (919) 571-4718 1-877-623-6748
An Equal Opportunity/Affirmative Action Empbyer- 50% Recycled110% Post Consumer Paper
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X27 ELEMENTARY SCHOOL
fUQUAY VARINA, NC
DATE 2-12-08
G1F1 PROTECT NO. 07-129 SKA PRO1[CT NO_• 070341.00
STREAM IMPACT DRAWING
WAKE COUNTY PUB11C SCHOOL SYSTEM
CLH DESIGN, P.A.
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125 Edinburgh South
Suite 310
Carp, North Carolina 27511
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Far: 919 319-7518
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X27 ELEMENTARY SCHOOL
FUQUAY VAR/NA, NC
DATL: 2-12-08
CLH PROJECT NO. 07-129 SKA PROJECT NO_• 070341.00
STREAM IMPACT DRAWING
WAKE COUNTY PUBLIC SCHOOL SYSTEM
LOCA
C
~ TYPE SQUARE FT.
I
I CH ~
IMPACT AREA ~'1 NB Z1 2,051 SF. -
NB Z2 1,094 SF. -
CH (TEMPORARY) 175 S.F. 21 LF.
IMPACT AREA /2 NB Z1 1,501 SF. -
NB 22 495 SF. -
CH (TEMPORARY) 54 SF. 12 LF.
IMPACT AREA /3 NB Z1 5,490 SF. -
NB Z2 4,245 SF. -
CH (INT./IINIMP.) 1,960 SF. 140 LF.
CH= CHANNEL NB= NEUSE ~UFFER
Z1= ZONE 1 Z2= ZONE 2
PARTIAL PLAN
1 - 4i
CLH DESIGN, P.A.
lfacGregor Park
125 Edinburgh South
Suite 310
Cary, North Carolina 27511
Phone: (919) 319-8716
Fes: (919) 319-7518
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REFER TO GRADING PLANS C31-C3.5 FOR ADDITIONAL CULVERT INFORMATION.
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3
Addendum to the Pre-Construction Notification and "Buffer Rules" Application Required for
Projects Submitted Under the
"Express Review Program"
North Carolina Division of Water Quality Version 5.0
October 1, 2006
Email Address: 401 express@ncmail.net
Purpose: To provide a detailed explanation of the information required by the Division of Water Quality
in order to expedite the review of applications for 401 General Water Quality Certifications, Isolated
Wetland Permits, Stream and Wetland Mitigation Plans and Riparian Buffer Approvals (Please Note: do
not leave any questions unanswered or use terms such as "N/A" without an explanation).
Fees:
401 Water Quality Certifications:
Riparian Buffer Authorization:
Riparian Buffer Minor Variance:
Coastal General "Major Variance":
Isolated Wetland Permit:
Major (>/= 150' stream or >/= 1 acre wetlands) $2,000.00
Minor (< 150' stream or < 1 acre wetlands) $1,000.00
(exclusively or "in addition" to) $2,000.00
$1,000.00
$1,500.00
General $1,000.00
Please read the entire document before attempting to determine the proper fee. Fees are additive for
particular projects.
Things to keep in mind when filling out the application:
A specific answer must be provided for each question. For instance, if a numerical answer is requested
then a numerical answer must be provided along with the supporting information necessary for DWQ staff
to verify that the number is accurate. Likewise, if explanations are presented to justify certain responses,
the explanations must be completely supported by documentation. DWQ staff cannot assume that
unsupported or undocumented information is accurate. "N/A" is not an acceptable answer for any
question since the DWQ Staff reviewing the application must have an opportunity to determine whether or
not any requested information is pertinent.
All forms, guidance, worksheets, applications, etc. used must be the current versions as posted on our
web site at http://h2o.enr.state.nc.us/ncwetlands. The Express Review Program website can be found at
http://h2o.enr.state.nc.us/ncwetlands/express_review.htm. Please note that it will be responsibility of the
applicant or the applicant's consultant to verify that the current versions are used. The versions posted
on our web site will be considered to be the current versions.
You are a very important part of the'success of this program, if you have suggestions or clarifications
please send your comments to the Wetlands/401 Unit of the DWQ (via email at
401 express@ncmail.net).
Filling Out the Pre-Construction Notification Application:
The Corps of Engineers (USAGE)/DWQ official, joint Pre-Construction Notification (PCN) Application
must be used as a basis for the expedited review process. The completed application should be
presented first and the supporting information tabbed and collated in the same order. Using a custom
format is not recommended. The open squares m are checklist items. The following items correspond to
the numbering system on the Pre-Construction Notification Form (PCN):
IMPORTANT: USE CHECK BOXES TO TRACK PROJECT INFORMATION!!
2
SECTION 1. PROCESSING
f~ 1 8~ 2.The USACE determines which Nationwide, Regional, or General Permit is
U~' diw~sx~ required. If you have verified with the USACE which permit they intend to use for
i your project or if you already have written approval from the USACE, please
ho k~ indicate by adding "verified" or "verified, attached", respectively, in the blank next
to the Permit number requested.
^ Attach the USACE Approval if you have it.
^ 3. It is not anticipated that the expedited process will be requested for this situation.
f~ 4. If you propose to impact 150 feet or more of perennial stream or 1 acre or more
of wetland and onsite mitigation is not proposed, it is recommended that you
either locate an acceptable private bank with available credits (with
documentation to show that the bank can and shall provide the credits needed)
or obtain approval from the EEP for the entire amount of stream and or wetland
as DWQ will make the final determination as to whether or not mitigation applies.
A complete Express application is not considered received unless an EEP
approval letter is attached if mitigation is requested through EEP. Please note
that the USACE may have different mitigation requirements and thresholds.
^ 5. State whether your project will require a CAMA Minor, Major or General Permit
~o and give the status of the permit.
SECTION II - APPLICATION INFORMATION
15 NCAC 2H .502(t) reads as follows: "Who Must Sign Applications. The application
shall be considered a "valid application" only if the application bears the signature of a
responsible officer of the company, municipal official, partner or owner. This signature
certifies that the applicant has title to the property, has been authorized by the owner to
apply for certification or is a public entity and has the power of eminent domain. Said
official in signing the application shall also certify that all information contained therein
or in support thereof is true and correct to the best of his/her knowledge."
~~.,,,Y ~. ~ Please indicate how the applicant meets the above definition and provide
supporting documentation.
~`~ o~ a(r, ~ Please provide all of the requested contact information including a fax
/ number and email address.
2. ~i If the application is not signed by the applicant, please attach the agent authorization
letter. The applicant must sign the agent authorization letter. The applicant's name
and position must also be spelled out as many signatures are difficult to read.
3. ~ Please provide all of the requested contact information including a fax number and
email address.
SECTION III -PROJECT INFORMATION
The following is the most critical of all the information that you must provide. The quality and detail of the
information will often determine the expeditiousness of the review. The following is a checklist of the
types of pertinent information required at a minimum:
3
Maps a/n~d Plans:
~Y The most recent version of the 1:24,000 USGS Topographic Map- Please cleanly
delineate the site boundaries, etc. on the map. If the delineation obscures any of the
features, it is recommended that a clean copy be provided. Please indicate the
quadrangle name. You can go to the USGS web site (http://mac.usgs.gov/maplists/) to
verify the most recent version.
~1 The most recent version of the NRCS Soil Survey Map - (required for projects within
the Neuse River Basin, Tar-Pamlico River Basin, Randleman Lake Watershed and the
Catawba River Basin, also recommended for all projects) -Please cleanly delineate the
site boundaries, etc. on the map. If the delineation obscures any of the features, it is
recommended that a clean copy be provided. Please indicate the page or map number
from which the copy of the map was made. Copies of the current soil survey and/or soil
survey map sheets can be obtained from the local NRCS County Office
(http://www.nc.nres.usda.gov/). GIS soil layers are not acceptable.
Vicinity map -Please clearly mark the location and approximate boundaries of the
(,,, sclc, N,.RPs, property and project on the map. Please indicate north and scale. Please include
~ S 5 ~;( applicable road names or State Road numbers.
The Site Plan -The most critical map to be provided is the site plan. You must provide
full sized plans. The following is the minimum list of plans that are typically needed.
6Y Pre-construction/Pre-existing conditions -This sheet must be scaled and
include all jurisdictional and non jurisdictional wetland, stream, water features,
State regulated buffers, topographic contours with elevations, approximate extent
and nature of forest, field, landscaping, or other cover. Any existing structures and
impervious area must be shown. Existing utility lines and easements must be
shown. Existing roads, culverts, and other pertinent features must be shown. North
arrow and the scale must be shown. Please note that the impact boundaries on the
maps should correspond to the flagged impact boundaries in the field.
B' Proposed conditions -These sheets must be scaled and show all existing
jurisdictional and non jurisdictional wetland, stream, water features, and State
regulated buffers (delineated into Zone 1 and Zone 2) must be underlain on the site
plan(s). The plans must show all built-out structures and impervious cover. The
plans must include the final grading contours with elevations. The plans must
indicate all utilities and easements. It is likely that several versions of the final built-
outsite plans will be necessary.
E3' Drainage Plans -Final drainage plans must be included. The plans should include
the locations and pertinent elevations and sizes of the collection system and
drainage ways. All inlets and outlets must also be shown with pertinent elevations.
Scaled stormwater BMPs must also be indicated as required by DWQ rules and
policies. In certain cases, final stormwater management plans must also be
provided, but that will be addressed later in this document.
^ Plats -The plans must show the location and layout of all sub-divided parcels with
~~~ lot identifications. Platted parcels must be developable without further impacts to
jurisdictional and non-jurisdictional wetlands, streams, water features, and State
regulated buffers.
Proposed Impacts -All impacts to jurisdictional and non jurisdictional wetland,
stream, water features, and State regulated buffers must be shown and labeled on
the site plans. All excavation, fill, flooding, stabilization, and other impacts that will
be conducted in or near jurisdictional and non jurisdictional wetland, stream, water
features, and State regulated buffers must be indicated.
4
Wetland Impacts (on the site plan): ~~ ~
P~
^ Precise grading and final elevation contours must be provided. Existing vegetation and
~('~ any clearing must be specified.
^ All subsurface utility lines must indicate the location of anti-seep collars. Construction
~~~ detail for anti-seep collars must be provided.
^ Roadway or other crossings of riparian wetlands may require floodway culverts to
lv~~ maintain existing hydrological conditions.
When surface drainage features or groundwater recharge areas that feed or would
~J ~ reasonably feed wetlands that are not to be filled are made impervious, it may be
necessary to direct some stormwater runoff to those areas in order to maintain hydrology.
You must identify these areas and address them. Supporting explanations and discharge
information must be provided to show that the wetland would not be eroded or receive
too much or too little hydrology. In many cases this could help satisfy part of a
stormwater management plan.
~/~ Flooding
_q/a Draining
Stream Impacts:
Stream impacts must be clearly shown on the plans. The centerline as well as the banks
of the stream must be surveyed or located by GPS for the portion of the stream to be
impacted.
Culverting:
t~ The inlet and the outlet of the culvert should be aligned with the stream as much as
possible. Inlet and outlet elevations and streambed elevations should be indicated.
^ Any widening of the stream must be shown with elevations.
The extent of and plan details for all dissipation or grade control devices should be shown
with pertinent elevations.
For shorter culvert sections, such as for road crossings, a longitudinal cross section that
shows the stream bed invert at the inlet and outlet, the existing stream bank elevations
and the invert of the inlet and outlet of the pipe(s) must be provided.
r~ For shorter culvert sections, such as for road crossings, a vertical cross section must be
provided that shows the stream cross section at the inlet and outlet overlain with the
/ culvert and fill cross section.
f9' For bottomless culverts or other spans, a vertical cross section should be provided that
shows the minimum distance from each span to each stream bank, the stream cross
section, the height of the span above the stream and the minimum distance from the
edge of each footer to each stream bank.
^ For bottomless culverts or other spans, a plan view must be provided that shows the
location of the spans and the stream banks.
r~ For longer culverts or culverts that will pass beneath substantial impervious cover, it will
be necessary to provide adequate plan detail to show that discharge velocity/energy will
be adequately dissipated.
5
/~
~5' Cross section details must be provided showing the provisions for aquatic life passage.
Aquatic life passage through culverts is typically achieved by placing the invert of the
culvert below the existing bed of the stream per the USACE or North Carolina Wildlife
Resource Commission guidelines. Other methods such as baffles may also be used.
Please be aware that such placement may require the use of grade/velocity control
measures up or down stream of culverts on steeper streams to prevent head-cuts or
streambed erosion. The culvert placement relative to the streambed can be indicated on
the longitudinal profile. Grade and velocity control measures must be indicated on the
plan view and typical designs should be provided.
^ Multiple culverts, wide culverts or sectioned box culverts typically require the use of sills,
off-setting or other means to match the cross section of the existing stream (in order to
maintain stream stability and provide aquatic life passage). A vertical cross section of the
culverts should be shown overlain with the up and downstream stream cross section
including the stream flood-prone area.
^ Impacts associated with dam construction must indicate and enumerate all fill associated
with the dam footprint, spillway and any bank stream bank stabilization. The length of
stream impounded must also be indicated and enumerated.
Stream Relocations: ~ar~ ~ t~Po~2~
^ Stream relocations must be conducted as specified in General Certification numbers
~I/,~- 3402 and 3404 (available on the Wetlands Unit web site). Stream relocation plans must
rr include:
^ Morphological measurements (see Appendix B of the Internal Technical Guide for Stream
1J~t~- Work in North Carolina available on the Wetlands Unit web site) -not all of the
measurements are applicable in every instance.
^ Typical stream cross sections - Typically, a riffle cross section and a pool cross section
~C/~ that includes the entire flood prone area. The bankfull and flood prone area elevations
should be indicated. Similarly, a rifFle cross section of the reference stream(s) should be
provided.
^ Plan view -Provide scaled plans that show the location of the proposed (preferably with
N/,4. stationing) and the existing stream. In most instances, the bankfull contours and flood
/ prone area contours, in stream structures, bank revetments/stabilization, channel plugs,
planting plan, vegetation conditions, stormwater outlets, grade controls, bridges, culverts,
sewer lines, roads, fencing, and easement lines should also be provided.
^ Longitudinal Stream Profile - A scaled profile that indicates the thalweg, bankfull, and top
~ f /A, of bank elevations should be provided for the design and reference streams. In many
/ cases, it will also be necessary to show the existing land elevations for the design
stream.
Planting Plan - A planting and/or vegetation management plan should also be provided
Iv ~ that makes use of appropriate native vegetation. The plan should indicate the extent,
density, and species of plants to be provided.
^ In-stream structure, bank revetment/stabilization, and stormwater outlet typicals -
,~J~~ Detailed, typical plans should be provided for all in stream structures, bank revetments or
stabilization, and stormwater outlets. The typicals should include materials and
specifications as well as relative lengths, positions, and angles.
^ Sediment transport analysis - A sediment transport analysis should be provided based
u /~ on the current, relevant, accepted practices. The sediment transport analysis should be
I relevant to the streambed load type and should predict bed load transport equilibrium.
6
^ Permanent conservation easement or similar means of protection must also be provided.
Other Information:
e' 1. The project should always be referred to by this name in all correspondence as well
as the DWQ # once it is provided.
^ 2. This only applies to DOT projects, which are not expected to utilize the Express
Review Program.
^ 3. This should be the size of the project as identified by the USACE for 404 Permits or
/ by the Division of Water Quality for Buffer Approvals and Isolated Wetland Permits.
t?1 4. Please provide the name (as depicted on the USGS topographic map and DWQ
r ,~ Stream Classification Lists) of the nearest water body(ies) to which your project is a
~~1 ~( tributary to (e.g. "Neuse River (Falls Lake below normal pool elevation)"). (Do not
lam- simple state "stream", "river", "ocean", "sound" or "lake".) Please provide the "stream
index number" of the named water body or water body section (e.g. "27-(1)"). Also,
please provide the full water quality classification (e.g. "WS-IV NSW CA") of the water
body. This information can be obtained from the DWQ web site
/ http://h2o.enr.state.nc.us/bims/Reports/reportsWB.html.
Ef 5. Please state which river basin and sub-basin that your project is in (e.g. "Neuse River
Sc~ ce~le~cf' Basin, NEU01"). This information can be obtained from the DWQ web site
Q(~ P.a ~ http://h2o.enr.state.nc.us/bims/Reports/reportsWB.html.
6. Conditions should also be indicated on the existing site plan where applicable.
Photos (including aerial photos) can be helpful in describing the existing conditions.
P ~ 7. You must provide an attachment that explicitly describes what the proposed project
will entail from the planning stage to final construction.
^ 8. This can be a simple explanation, but it is critically important because the purpose
dictates how the no practical alternatives are reviewed.
SECTION IV -PRIOR PROJECT HISTORY
t~ Please include copies of all 401 Water
Permits, Buffer Approvals, USACE Permits,
copy of the final approved, site plan.
SECTION V -FUTURE PROJECT PLANS
Quality Certifications, Isolated Wetland
CAMA Permits for the site as well as a
C~3" For projects utilizing the express review process, all impacts both present and
potential future must be indicated. For instance, the location or configuration of
platted lots sometimes suggests that future impacts will be necessary to build,
access, or otherwise develop such lots. Failure to account for such potential impacts
could delay or disqualify a project from the rapid review process. If you believe that
the lot can be developed without impacts, but you anticipate that your assertion may
be questioned, it is recommended that you provide a potential building foot print
and/or grading plan to show that future impacts could be avoided.
SECTION VI -PROPOSED IMPACTS TO WATER OF THE US
1. It is recommended that the individual impacts be described if there are special things
to note about the impacts. Typically the most important thing is to have detailed
accurate site plans as described above. Please make sure they are clearly labeled.
f~ Please include all proposed temporary impacts.
7
~,~ y~~a.,N;f . ^ Also, a current, signed delineation map from the USACE should be provided (if
~~ ~S,E.~~ available) and a map locating the stream origins signed by the appropriate DWQ
Staff must be provided if applicable.
^ 2. Each impact to a wetland must be clearly labeled and identified on the site plan. The
~y~ I type of impact must be clearly stated. If the impact is temporary, a specific plan must
P~e!' be described or shown as to how the wetland will be restored. Keep in mind that the
USACE delineates some features as wetlands that DWQ calls streams. Please list
any impacts in this table that DWQ would identify as a stream. If there is any doubt,
it is recommended that the impacts be listed as streams. Please follow current DWQ
policy with respect to whether a stream is perennial or not. It is recommended that
you assume that a stream is perennial (unless you are positive that it is not) so if
mitigation is required then the appropriate amount of mitigation would be anticipated
or requested from the EEP or private bank. If the EEP or private bank has pre-
approved too short of an amount of stream or if inadequate mitigation is proposed,
then that situation will result in delays.
^ 3. Sometimes it is difficult to determine whether a feature is a modified natural channel
or a ditch, especially in the eastern part of the State. Soils, drainage features,
topography, macroinvertebrates, and similar factors, all are important for making that
determination.
Other items to address not specifically requested in the application include
~,~ downstream sediment starvation, thermal pollution, low flow releases from dams, and
~~ ~ ~ aquatic life passage. Other important considerations are buffer reestablishment or
~ mitigation around ponds on buffered streams. The site plan should include the
sta ca~~5 precise elevation contour of the normal pool as well as the dam footprint. Mitigation
is required for wetland flooding of an acre or greater and for stream fill (if over the
150 foot threshold) under the dam footprint and any outlet stabilization.
SECTION VII -AVOIDANCE AND MINIMIZATION
Avoidance and minimization are critical aspects of an application particularly if you desire the application
to be processed expeditiously. The following is a checklist of avoidance and minimization questions that
DWQ Staff often look for in applications.
ti.1 ^ Are there any stream crossings at angles less than 75° or greater than 105°?
0
`~C Are there any stream crossings that cross two streams above or at the confluence of those
streams?
^ Are there any stream, wetland, water, and/or buffer impacts other than perpendicular road
~,-,.5e..~e.~crossing near the edges of the property?
Can the stream be relocated as a natural channel design as opposed to culverted or
~~'l~ therwise fill~~I~
,e,~~~-'~~t a..la.rai~whft ~-o acce35 ~rO~~
N~ Is any single stream crossed more than once?
~ ^ Can property access routes be moved or reduced to avoid stream, wetland, water, and
buffer impacts?
~~~ Can a building, parking lot, etc. be realigned to avoid impacts?
~( Can the site layout be reconfigured to avoid impacts?
6~ Can headwalls or steeper side slopes be used to avoid/minimize impacts?
T.~aof-~~2
8
~ jl~~ Can a retaining wall be used to avoid/minimize impacts?
~1~~, Can cul de sacs be used in place of a crossing?
. A~ Can lots be reshaped or have shared driveways to avoid impacts?
If based solely on the practicable physical possibility, the answer is "yes" to any of the above questions
then you must have to provide substantial and convincing justification as to why the impacts are
necessary. If the impacts are required by a local government or other agency, the claim must be
supported with appropriate written documentation from the local government or other agency. Most
projects typically involve the need to justify avoidance and minimization. If this information is not readily
available, then the express review process may not be the appropriate venue to use. Providing
alternative plans (such as plans that avoid the impact, minimize the impact and the preferred plan, similar
to those used in environmental assessments) and explanations as to why the preferred plan is needed
and why the alternative plans won't work are many times helpful in the no practical alternatives review.
SECTION VIII -MITIGATION
Mitigation for the Express Review Program, final mitigation plans must be presented up front. The final
plans (except for plans that propose payment into the Ecosystem Enhancement Program (EEP), Riparian
Buffer Restoration Fund, private mitigation banks, or similar banking instruments) must contain detailed
plans, specifications, calculations and other supporting data that show that the appropriate mitigation will
be achieved at the ratios required. The design plans must be developed to at least the "90%" level.
Monitoring plans must be final and specific. Any means of permanent protection, such as a permanent
conservation easement must be provided. If you elect to use the EEP or a private mitigation bank, it is
recommended that you request the maximum possible mitigation amount that DWQ may require so that
you will not have to get further approval from them on short notice. The EEP and private banks are not
part of the expedited review process and cannot be expected to meet any such deadlines. There will be
no conditional expedited approvals that require final plans at a later date. It is not recommended that
innovative mitigation techniques or greater than 10% preservation be requested as part of an expedited
process.
SECTION IX
If your project requires the preparation of an environmental document under NEPA or SEPA and an
approval letter has not been issued by the State Clearinghouse, then you cannot apply under the
expedited review process. It is your responsibility to find out if such documentation is required.
SECTION X
There are many aspects of the Buffer Rules that must be addressed in every application, if applicable.
The first and most important thing to keep in.mind is that allowable activities that require written Approval
from DWQ triggers a review of the entire project for compliance with the Buffer Rules.
Diffuse Flow 8~ stormwater Management:
~f The most common issues that arise involve the requirement for diffuse flow of stormwater
through riparian buffers. Basically one of three things must be indicated in regards to all
~0~' "new" stormwater that is collected and subsequently discharged. First, provisions for
~~' Gt diffuse flow through the protected buffer must be made. This usually involves the use of
level spreading devices designed to the latest DWQ guidance on level spreader design,
which is available on our web site. Please keep in mind that it does not matter how far a
discharge point is from a buffer. The stormwater must be flowing in a diffuse manner at
whatever point it eventually reaches the buffer. If the stormwater will not be flowing in a
diffuse manner through the protected buffer at the point it reaches the buffer, then one of
the following options may be allowed:
^ You may provide a nitrogen removing measure such as a forested filter strip,
grassed swale, stormwater wetland, etc. The measure employed should be
9
designed according to the NC DENR Stormwater Best Management Practices
Manual or other DWQ Guidance available at
http://h2o.enr.state.nc.us/ncwetlands/regcert.html. After the nitrogen is treated, the
stormwater can be directly conveyed through the buffer with written DWQ approval.
^ You may discharge the stormwater to an existing man-made conveyance that
currently conveys stormwater through the protected buffer (assuming the
conveyance was not constructed in violation of the Rules) as long as that
conveyance does not need to be altered to convey the flow. Please remember that
there are no other choices. The following checklist is intended to help insure that
your application will not be deemed incomplete as a result of improper stormwater
design.
Stormwater Management (for Buffer Rules compliance only -Also, see Section XI):
All stormwater out-falls must be clearly shown and labeled on the site plan for projects in
Buffered watersheds. List each out-fall as labeled:
Option 1: Level spreading devices designed to the latest DWQ Guidance, and
devices that merely control velocity but do not provide diffuse flow such as rip rap
~~dissipators are not proposed. List each of these out-falls as labeled on the site
plan and provide a DWQ worksheet available at
http://h2o.enr.state.nc.us/ncwetlands/regcert.html: _~ S~~g(~s
^ Option 2: Nitrogen removing measures designed to DWQ Standards are
proposed for discharges for which diffuse flow through a protected Buffer cannot be
met. List each of these out-falls as labeled on the site plan and provide a DWQ
worksheet available at http://h2o.enr.state.nc.us/ncwetlands/regcert.html
~I Option 3: The stormwater will be discharged to an existing man-made (not
~,,J including modified natural channels) conveyance that carries the stormwater
~,,,e.( through the Buffer. The conveyance was not constr cted in violati n of the Buffer
Rules. List each out-fall as labeled: $t~ r~,lac'~- ~3 ~ Qfkr~.S~ ~.(cs
All stormwater out-fall must meet one of the options above. (Note: if you cannot check this
box your application will likely not be accepted into the express review process.)
Site Plans:
All applications on properties with DWQ protected buffers must clearly depict the buffers
and any impacts to the buffers on the site plans. The impact maps should clearly depict
both zones of the protected buffers and the proposed impact areas (provided in square
feet).
Surface Water S~ Buffer Delineations:
Any surface waters subject to DWQ protected buffers must be field located and accurately
depicted on the site plans and impact maps. The width, dimensions and pattern of the
surface water must be delineated. The surface water location must not be taken simply
from a USGS map, soil survey or local municipality's map. The buffers must be measured
from the surface water as required within the applicable buffer protection rule (e.g., all
buffers along streams subject to the Neuse and Tar-Pamlico Buffer Rules must be
measured from the "top-of-bank" of the stream and not the centerline of the stream). All
streams must be surveyed or located by GPS and shown precisely on the site plans.
Impact Table:
10
c~ Please provide additional impact tables that clearly state the area of impact for each
~~~ ,u,~ corresponding impact site.
Varian~es:
^ Projects that require a Major and/or "General" Variance will not be eligible for the use of the
~r~' Express Review Program (with the exception of the Coastal General "Major' Variance.
Mitigation:
^~" As opposed to applications that are submitted under our regular process, final mitigation
NIi~I' plans must be presented upfront (see requirements for Section VIII above). The mitigation
plans must comply with the applicable buffer mitigation rule.
SECTION XI - STORMWATER
Please provide the following information in regards to potential stormwater requirements:
^ The total acreage of the site. ' 17 (acres
^ The total built-out impervious acreage ~ (acres)
^ The total area that will be disturbed ' ~ (acres)
^ If the total area exceeds 20% imperviousness, the development on the site is uniform in
density, and you claim that the total impervious area is less than 30%, you must provide a
complete, detailed breakdown of the assumed built-out conditions. The breakdown must
be detailed enough to show that all potential impervious areas are accounted for.
6~ If there are concentrated areas of development such as multi-family, commercial, cluster,
club houses, etc. that exceed 30% imperviousness and the total imperviousness for the site
does not exceed 30%, a stormwater management plan will likely be required for those
/ areas that exceed 30% imperviousness.
it7 stormwater management plans must be complete with a final design and an executed
Operation and Maintenance Agreement. There will be no conditional stormwater approvals
for the express review process that allow for approval of the final plans at a later date.
Worksheets must be provided that are available at
http://h2o.ehnr.state. nc.us/ncwetlands/mitresto.html.
SECTION XII -SEWAGE DISPOSAL
~1 Response must be clear and detailed. Any disposal method that suggests further impacts
may be required other than those shown must be clearly addressed on the site plans.
SECTION XIII
Answering yes to either of these responses automatically precludes you from the express
(,f,~~ review process.
SECTION XIV -SIGNATURE
~A The name, position and/or title of the applicant must be in type or long hand script here with
the signature. It should be the same person as described in Part II.
If you have any questions about these requirements, please email the Express Review Program at
401express@ncmail.net and include your question and phone number and the appropriate staff will
respond as soon as possible.