HomeMy WebLinkAbout20151256 Ver 1 _NWP 12 & 39 Suspension _20161104 DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT,CORPS OF ENGINEERS
69 DARLINGTON AVENUE
i WILMINGTON,NORTH CAROLINA 28403-1343
October 27, 2016
Regulatory Division
Action ID: SAW-2014-02127 ' ,
NOV
my r
Mr. Joel Scannell 0 R PE WT
Scannell Development Company
800 E. 96th Street., Suite 175
NC k z
Indianapolis, Indiana 46240
Dear Mr. Scannell:
Please reference your Preconstruction Notification (PCN) and supporting information you
submitted on December 7, 2015 (see attached). In this PCN, you applied for use of Nationwide
Permit(NWP) 39 in order to construct two flex space buildings as a commercial business park
with adequate municipal utility service located near the intersection of future I-495 and I-540, at
2309 Hodge Road, Knightdale, Wake County,North Carolina.
The PCN was submitted and reviewed as a single and complete project, absent future
phases. Your application was considered to be complete on January 21, 2016. On February 19,
2016 we issued the verifications for NWPs 39 and 12.
On July 25, 2016 Jim Spangler and Thomas Will, of Spangler Environmental, Inc. (SEI)
met on your behalf to discuss the development, additional impacts, and the need for an individual
permit. SEI was asked why the complete project was not submitted on December 7, 2015. SEI
indicated that the applicant was not ready, and did not know if/when they would develop the
remaining portion of the site. SEI also noted that plans for the site had changed several times.
Our records include correspondence from July 23, 2015, an office meeting on July 27, 2015, and
correspondence on August 28, 2015 which indicates that SEI anticipated that the project would
be phased, and was preparing a submittal for an individual permit application.
On September 23, 2016 a request was submitted to revise the mitigation plan as proposed
in the PCN due to a lack of credit availability by EBX-Neuse Sponsored Bank: Neu-Con
Wetland& Stream Umbrella Mitigation Bank-Howell Woods Site. At this time we have not
revised the Mitigation Responsibility Transfer Form, which is a condition of the permit
verification, to allow for alternative mitigation credits. However, after further review, and based
upon new information discussed here in below, we have determined the project, as proposed in
the PCN, no longer meets the conditions of the NWPs.
-2-
The Nationwide Permit Conditions state that the following general conditions must be
followed in order for any authorization by a NWP to be valid:
1. General Condition 15. Single and Complete Project. The activity must be a single and
complete project. The same NWP cannot be used more than once for the same single and
complete project.
Reference is made to 33CFR 330.2, Definitions, which states in relevant part as follows:
(i) "Single and complete project means the total project proposed or accomplished
by one owner/developer or partnership or other association of owners/developers.
For example, if construction of a residential development affects several different
areas of a headwater or isolated water, or several different headwaters or isolated
waters, the cumulative total of all filled areas should be the basis for deciding
whether or not the project will be covered by an NWP."
On September 29, 2016 we received information from the Town of Knightdale indicating
that they received submittal of an overall site plan for 2309 Hodge Road in September of 2015.
These plans, submitted to the Town prior to the PCN submittal, show the entire parcel being
developed, with multiple phases and additional impacts to waters of the U.S.
2. General Condition 23. Mitigation. The district engineer will consider the following
factors when determining appropriate and practicable mitigation necessary to ensure that adverse
effects on the aquatic environment are minimal: (a) The activity must be designed and
constructed to avoid and minimize adverse effects, both temporary and permanent, to waters of
the United States to the maximum extent practicable at the project site(i.e., on site). (b)
Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or compensating for
resource losses) will be required to the extent necessary to ensure that the adverse effects to the
aquatic environment are minimal.
The PCN submitted on December 7, 2015 did not describe future phases, and therefore
did not adequately address avoidance and minimization to the maximum extent practicable. The
initial submittal, which did not account for additional impacts to waters of the U.S., will
potentially be utilized to necessitate additional impacts that will likely exceed the NWP 39
threshold of a loss of 1/z acre of non-tidal waters of the United States.
In accordance with 33 CFR 330.5(d), the District Engineer (DE), Wilmington District,
U.S. Army Corps of Engineers, is immediately suspending the verifications of NWP 39 and
NWP 12 for your project, while we consult with you and consider the new information in order
to make the necessary determinations. Suspension is warranted due to new information from the
Town of Knightdale which was not previously considered, cumulative adverse environmental
effects when reviewing all phases of the development, and non-compliance with the terms and
conditions of the NWP referenced herein.
As your verifications for NWP 39 and NWP 12 have been suspended, you are ordered to
stop any activities being done in reliance upon the authorization under the NWPs.
-3-
You are hereby advised that a decision will be made either to reinstate or revoke the
authorization under the NWPs; or, if appropriate, that the authorizations under the NWPs may be
modified by mutual agreement. In order to determine whether special conditions to modify the
authorization would be mutually agreeable, or to allow you to furnish information which satisfies
the DE's concerns, within 10 days of receipt of the notice of suspension, you may request a
meeting with the DE, or his designated representative, to present information in this matter.
Point of contact for this matter is Ms. Tasha Alexander, Regulatory Specialist, in the
Raleigh Regulatory Field Office, telephone (919) 554-4884, extension 35. You may contact her
directly to schedule a consultation, provide information or to begin the Individual Permit process
for your project.
Sincerely,
d� Kevin P. Landers Sr.
l Colonel, U.S. Army
District Commander
Copy Furnished (with enclosure):
Mr. James Spangler
Spangler Environmental, Inc.
4338 Bland Road
Raleigh, North Carolina 27609
Mr. Danny Smith
NC Division of Water Resources
Raleigh Regional Office
Water Quality Operations Section
1628 Mail Service Center
Raleigh, North Carolina 27699-1628
VA 4 .dam �
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l°FICE
ENVIRONMENTAA
Land PIarud.n.g e Per.nnitting Environmental Corrstil.tiiig Co.nstru.ction Management a Expert`I'estinloily
December 2,2015
Mr. David Shaeffer .
US Army Corps of Engineers Wilmington District
Raleigh Regulatory Field Office f '
3331 Heritage Trade Drive, Suite 105
Wake Forest,North Carolina 27587 -
RE: Hodge Road PCN submittal
Dear Mr. Shaeffer,
Please find attached for your review the PCN application for`NWP 39 for th proposed project located at 2309 Hodge Road in
Knightdale,NC.Delineation of the project was performed by Spangler Env- onmental,Inc(SEI).A regulatory site visit for this site
was conducted on November 20,2014. In discussions following the site visi,SEI informed the Corps that their client was no longer
pursuing the purchase of the property and thus the originally;•equested PJD ould not be necessary.After being retained by a new
client in mid 2015, SEI resumed efforts to delineate the property. SEI perfor ed additional delineation work on a small off-site area
located southeast of the 2309 Hodge Road property which was delineated fo the purposes of planning a proposed utility line. SEI also
re-delineated the pond areas which were drained in the Fall of 2014 which h d converted to uplands in certain areas,Delineation data
is included with the PCN submittal that incorporates the Car's findings from the November 20,2014 site visit along with the updated
delineation data from the former pond areas and the new delineation data foi the off-site proposed sewer crossing area. There are 0.465
acres of wetland impacts associated with this project.
The attachments include copies of the proposed Site Plan,impact cross secti ms,various map exhibits,delineation data, Stream
Determination,and Agent Authorization letter.Thank you foi your timely ars 3istance in this matter.
Sincerely,
Tomas Will
Project Scientist
i
CC: FILE
I
Attachments- PCN Form
Agent Authorization Letter
Delineation data containing data forms,maps,and Corps forms
DWR Stream Determination
Site Plan Exhibits i
Wetland/Stream/Buffer Impact Exhibits
4338 BIand.Road Ra3cigh,N.C.27609 tcI 919-546-075} (rlx 913-546-0757 Toll Free."I-866-SPANGLER
i
REC E IiE
p WATT U P
off° �qG Office Use Only:
r Corps action lD n .RALEfGH REGtJ TORY
DWQ project no. FIELDS OFFICE
Form Version 1.4 January 2009
Pre-Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1a. Type(s)of approval sought from the Corps: X❑ Section 404 Permit ❑ Section 10 Permit
1b. Specify Nationwide Permit(NWP)number: 39 .`:. or General Permit(GP)number:
1c. Has the NWP or GP number been verified by the Corps? ❑Yes X❑ No
1 d. Type(s)of approval sought from the DWQ (check all that apply):
n 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 For the record only for DWQ For the record only for Corps Permit:
because written approval is not required? 401 Certification:
❑ Yes ❑X No ❑Yes ❑X No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank FX1 Yes ❑ No
or in-lieu fee program.
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 In ❑ Yes a No
below.
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑Yes ❑X No
2. Project Information
2a. Name of project: Hodge Road Business Park
2b. County: Wake County T
2c. Nearest municipality/town: Knightdale
2d. Subdivision name: Hodge Road Business Park
2e. NCDOT only, T.1.P, or state project no:
3. Owner Information
3a. Name(s)on Recorded Deed: Mary Murphy, Dewey Murphy, Susan Murphy, Kenneth Murphy, Gary Murphy
3b. Deed Book and Page No. Book: 015601 Page: 01814
3c. Responsible Party(for LLC if
applicable):
3d. Street address: 310 Hinton St.
3e. City, state,zip: Knightdale, NC 27545
3f. Telephone no.:
3g. Fax no.:
3h. Email address:
Page 1 of 10
PCN Form—Version 1.4 January 2009
i
4. Applicant Information (if different from owner)
4a. Applicant is:i Agent Other, specify: Owner of Project
4b. Name: _ Joe! Scannell
4c. Business name Scannell Development Co.
(if applicable):
4d. Street address: 800 E. 96th St., Suite 175
4e. City, state,zip: Indianapolis, IN 46240
4f. Telephone no.: v
4g. Fax no.:
4h. Email address: joels@scannellproperties.com
5. Agent/Consultant Information (if applicable)
5a. Name: Jim Spangler
5b. Business name Spangler Environmental, Inc.
(if applicable):
5c. Street address: 4338 Bland Rd
5d. City, state, zip: Raleigh, NC 27609
5e. Telephone no.: 919-875-4288
5f. Fax no.: 919-875-4287
5g. Email address: jspangler@spanglerenvironmental.com
Page 2 of 10
B. Project Information and Prior Project History
1. Property Identification
1 a. Property identification no. (tax PIN or parcel €Q): 1743430054
1 b. Site coordinates(in decimal degrees): Latitude: 35.7632 Longitude: -78.5139
1 c. Property size: 28.41 acres
2. Surface Waters -- -
2a. Name of nearest body of water to proposed project: Neuse River T
2b, Water Quality Classification of nearest receiving water: C;NSW
2c. River basin: Neuse River Basin
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 subject property is partially wooded and primarily undeveloped.The property contains agricultural fields,dirt roads,and a utility easement.The
land use in the general vicinity is residential.
3b. List the total estimated acreage of all existing wetlands on the property: 4.797
3c. List the total estimated linear feet of all existing streams (intermittent and perennial)on the property: 2,216
3d. Explain the purpose of the proposed project:
Construct 2 flex space buildings as a commercial business park w/adequate municipal utility service located near intersection of future 1-495&1-540
3e. Describe the overall project in detail, including the type of equipment to be used:
The project will involve grading/earth moving and utility work by using grading and excavating equipment for the purpose of developing a business park
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the Yes ❑ No ❑ Unknown
Corps or State been requested or obtained for this property I Comments:PJD submitted on 11/10!14 AID SAW-2014-02127
project(including all priorphases) in thepast?
4b. If the Corps made the jurisdictional determination,what type
of determination was made? El Preliminary Final
4c. If yes,who delineated the jurisdictional areas? Agency/Consultant Company:Spangler Environmental
Name(if known): Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Regulatory site visit conducted on 11/10/14.PJD request was subsequently dropped after prospective buyer abandoned project.Findings of the
11110/14 visit have been incorporated into the delineation data attached to this PCN.
5. Project History
5a. Have permits or certifications been requested or obtained for ❑Yes [❑No Unknown
this project(including all prior phases)in the past?
5b. If yes, explain in detail according to"help file"instructions.
6. Future Project Plans
6a. Is this a phased project? ❑ Yes [XQ No
6b. If yes,explain.
Page 3 of 10
PCN Form—Version 1.4 January 2009
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project(check all that apply):
® Wetlands ❑ Streams—tributaries d Buffers ❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site,then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of impact Type of wetland Forested Type of jurisdiction Area of
number Corps (404,10)or impact
Permanent(P)or QWQ(401,other) (acres)
Temporary T)
f W1 P Fill Unknown Yes Corps 0.327
\ W2 P Fill Unknown Yes Corps 0.135
W3 P Sewer maint.corridor Unknown Yes Corps 0.003
W4 T Sewer maint.corridor Unknown Yes Corps 0.164
Wg - Choose one Choose one Yes/No
W6 Choose one Choose one Yes/No
2g.Total Wetland Impacts: 0.629
2h. Comments:
W1 is associated with Impact Area#1.W2 is associated with Impact Area#2.W3&W4 are associated with Impact Area#3.Fill associated with Impact
Area#2 is necessary due to design constraints of the project and is further discussed in a document attached to this PCN form.
3. Stream Impacts
If there are perennial or intermittent stream impacts(including temporary impacts)proposed on the site,then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial (PER)or Type of Average Impact
number intermittent(INT)? jurisdiction stream length
Permanent(P)or width (linear
Temporary (T) (feet) feet)
S1 - Choose one -
S2 - Choose one - -
S3 - Choose one - -
S4 - Choose one -
S5 Choose one -
S6 Choose one
3h. Total stream and tributary impacts
31. Comments:
There are no stream impacts,temporary or permanent,associated with this project.The perpendicular stream crossing associated with the sewer line
in Impact Area#3 is aerial and pilings are located outside of the stream bariks.
Page 4 of 10
PCN Farm—Version 1.4 January 2009
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries,tributaries, sounds,the Atlantic Ocean,or any other open water of
the U.S.then indivi uaily list alio en water impacts below.
4a. 4b, 4c. 4d. 4e.
Open water Name of waterbody
impact number (if applicable) Type of impact Waterbody Area of impact{acres)
Permanent(P) or type
Tem ora T
01 Choose one Choose _
02 Choose one Choose
03 _ Choose one Choose
04 Choose one Choose
4f.Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction-proposed,the complete the chart below.
5a. 5b. 5c, 5d. 5e.
Pond ID number Proposed use or Wetland Impacts(acres) Stream Impacts(feet) Upland
purpose of pond (acres)
Flooded Filled Excavated Flooded Filled Excavated
P1 Choose one
P2 Choose one ---
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:
6. Buffer Impacts(for DWQ)
if project will impact a protected riparian buffer, then complete the chart below. If yes,then individually list all buffer impacts
below. If any im acts re wire miti atian,then you MUST fill out Section D of this form.
6a. Project is in which protected basin? FxJ Neuse ❑ Tar-Pamlico ❑ Catawba ❑ Randleman ❑Other:
66. 6c. 6d. 6e. 6f. 6g.
Buffer Impact Reason for impact Stream name Buffer Zone 1 Zone 2
number- mitigation impact impact
Permanent(P)or required? (square (square
Temporary T feet) feet
B1 P Sewer maint.corridor Unnamed(impact Area#2) Yes 128 1,215
B2 P Sewer maint.corridor Unnamed(Impact Area#3) Yes 1,591 1,375
B3 Yes/No
B4 - YesfNo
B5 Yes/No
B6 Yes/No
6h.Total duffer Impacts: 2,119 2,590
6i. Comments:B1 is in connection with Impact Area#2,B2 is in connection with impact Area#3.Both impacts are classif ed as"Allowab(a"in ttte
Neuse River Buffer Rules 15A NCAC 02B.0233
Page 5 of 10
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Stormwater BMPs have been designed to avoid impacting jurisdictional wetland areas.Slopes will be designed as steeply as possible to minimize the
footprint of permanent impacts.Utility line crossing of streams are at near perpendicular orientation and aerial utility crossings have minimized the use
of pilings.Temporary impact areas will be designed to be restored to original grade.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Slopes will be graded as steeply as possible to minimize the footprint of permanent impacts.Temporary impact areas to be restored to original grade
and revegetated.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for ❑X Yes ❑ No
impacts to Waters of the U.S. or Waters of the State?
2b. If yes,mitigation is required by(check all that apply): ❑ DWQ 0 Corps
Mitigation bank
2c. If yes,which mitigation option will be used for this
project? ❑ Payment to in-lieu fee program
❑Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:Environmental Banc& Exchange, LLC (RES)
Type:Choose one Quantity:
.3b. Credits Purchased (attach receipt and letter) Type:Choose one Quantity:
Type:Choose one Quantify:
ac-r-e—of wet an cre is is avai a e rom as ocumen e rn t e at ache etter
3c. Comments:
4. Complete if Making a Pa meat to In-lieu Fee Program
4a.Approval letter from in-lieu fee program is attached. ❑ Yes
4b. Stream mitigation requested: Iinear feet
4c. If using stream mitigation, stream temperature: Choose one
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
49. 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.
Page 6 of 10
PCN Form—Version 1.4 January 2009
6. Suffer Mitigation (State Regulated Riparian Buffer Rules)—required by DWQ
6a.Will the project result in an impact within a protected riparian buffer that requires YesXQ No
buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
6c. 6d. 6e.
Zone Reason for impact Total impact Multiplier Required mitigation
(square feet) (square feet)
Zone 1 211 3(2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
in-lieu fee fund
Riparian buffer impacts associated with this project are classified as"Allowable"in the Neuse River Buffer Rules 15A NCAC
6h. Comments:0213.0233 and thus do not require mitigation
Page 7of10
R. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified ® Yes ❑ No
within one of the NC Ri arian Buffer Protoction Rules? _
1 b. If yes, then is a diffuse flow plan included? If no,explain why.
No stormwater is discharged into riparian buffer areas.Stormwater plans submitted to Town of
Knightdale. ❑Yes ❑X No
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? 14.5%
2b. Does this project require a Stormwater Mana ement Plan? 0 Yes ❑ No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
The Stormwater Management Plan submitted to Town of Knightdale for approval.Stormwater structures shown on attached site plan.
2e. Who will be responsible for the review of the Stormwater Management Plan? Town of Knightdale
3. Certified Local Government Stormwater Review
3a. In which loc2LcjovernmenYs jurisdiction is this project? Town of Knightdale
❑ Phase it
3b. Which of the following locally-implemented stormwater management programs ❑ NSW
apply (check all that apply): [( US
MP
Water Supply Watershed
❑ Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ❑yes Q No
attached?
4. DWQ Stormwater Pro ram Review
❑Coastal counties
❑HQW
4a. Which of the following stated mplemented 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 ❑Yes ❑X No
attached?
8. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑X Yes [] No
5b. Have all of the 401 Unit submittal requirements been met? FX]Yes ❑ No
Page 8 of 10
PCN Form—Version 1.4 January 2009
i
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public(federalfstatellocal)funds or the []Yes Fx� No
use of public (federal/state) land?
1 b. if you answered"yes"to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ❑Yes ❑No
(North Carolina) Environmental Policy Act(NEPA/SEPA)?
lc. If you answered"yes"to the above, has the document review been finalized by the
State Clearing House? (if so, attach a copy of the NEPA or SEPA final approval
letter.) ❑Yes ❑No
Comments:
2. Violations(DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules(15A NCAC 2H .0500), Isolated
Wetland Rules(15A NCAC 2H .1300), DWQ Surface Water or Wetiand Standards, ❑Yes XX No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. is this an after-the-fact permit application? r_1 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 F]Yes [jX 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.
This project purpose requires no future development.
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.
Municipal sanitary sewer will service the subject property
Page 9of10
PCN Form--Version 1.4 January 2009
Species and Designated Critical Ha4itat(Corps R1quI.Vement)
5a. VVIII this project occur in or near an area with federall protected spEcies or
habitat? Yes No
5b, Have you checked with the USFVVS concerning End ngered Species Apt
N< Yes No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Flabitat?
NC Natural Heritage Program element occurrence dataset,EDR NEPAcheck Report
6. Essential Fish Habitat(Corps Requirement)
6a.Will this project occur in or near all area designated ins essential fish ha lbtat? Yes No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
National Marine Fisheries Service essential fish habitat mapper
7. Historic or Prehistoric Cultural Resources(Corp Requirement,
7a. Will this project occur in or,near an area that the stat 'federal or tribal
governments have designated as having historic or cultural preserve tior)
status(e.g., National Historic Trust designation or p perfies signific;lnt Ill E]Yes No
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
EDR NEPAchecl(Report
8. Flood Zone Designation(Corps Roquirement)
8a. Will this project occur in a FEMA-designated 100-yea floodplain? (es 0 No
8b, If yes, explain how project meets FEMA requirernents:
A small portion of this project occurs within the'100-year floodplain. Drojectmeets FEMA rbquirementsbyreducing disruption by avoiding hazardous,
uneconomic or unwise use of floodplains as described in National Food Insurance Program' (NFIP)Floodplain Management Requirements.All non-
utility line structures are located outside of the 100-year floodplain.
8c. What source(s) did you use to make the floodplain determination?
I
FEMA flood map panel #3720174300J with effective date of 05/02 006
James A. Spangler
AIKAivaat/Agent's Printed Name ant's Signature Date
(Agent' signature is valid only if an authorization
letter from the appil antlis provided,)
P ge 10 of 10
Justifications for Impact Area ##2
The terminus of the sewer fine is fixed due to the location of the nearest existing sewer tie-in at
Poplar Creek subdivision and the location of the spine road is necessary to be parallel to Hodge
Road.
Sewer downstream from Manhole 8 cannot be lowered. Design constraints include tie-in
elevation to existing manhole in Poplar Creek Subdivision,slope of the sewer main is design at
minimum, aerial crossing design, NCDOT's design of 1-540, and required easement widths per
depth of sewer.
® Fill is required over the sewer to provide adequate cover per City of Raleigh's standards
Lowering the sewer main between manholes S and 9 does not eliminate the need for fill and
permanent impacts to wetlands
® Current design depth is nearing allowable depths per City of Raleigh's standards
® Project requires a wet detention pond south of the sewer main which requires specific grading
for this area
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