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HomeMy WebLinkAbout20081179 Ver 1_401 Application_2008080808 1 1 7 9 4 200 3d._)? July 22, 2008 Ms. Cyndi Karoly NCDENR/Division of Water Quality Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Reference: Freedom Drive / Rhyne Court - City of Raleigh 401 Water Quality Certification Raleigh, Wake County, North Carolina Dear Ms. Karoly, SPAID JUL?52008 E I _3 rm owf? 14 Lcl? Do AUG 1 _ 2008 DENR - WATER QUALITY WETIANDS AND STDRMWATER BRANCH The City of Raleigh is applying for a 401 Water Quality Certification as part of a Nationwide 14 for the proposed widening of Sunnybrook Road. The project plans to widen Freedom Drive / Rhyne Court from approximately 200 feet south of US Highway "to the end of Freedom Drive. This commercial roadway is being widened to 41' bin typical section. Currently the roadway is partially paved and partially gravel and is about 20 feet in width. The roadway is being widened because a majority of the property owners petitioned the City of Raleigh to have the improvements done. The roadway condition is very poor. The project is located adjacent to an unnamed tributary to Crabtree Creek. Impacts include the extensions of one existing crossline culvert along with buffer impacts from the road widening. The stream impact is 88 linear feet of an UT of Crabtree Creek. Neuse River buffer will be impacted in this location. These impacts are associated with the crossline culvert extensions as well as fill slopes associated with the road widening. A total of 1117.40 square feet of zone 1 and 3781.64 square feet of zone 2 buffers are proposed for impact. These impacts to buffers are allowable without mitigation. Stormwater best management practices are proposed to treat all new impervious surfaces. Proposed outlets in the vicinity of the crossing at Station 30+50 are located outside the buffer and treated with a scour hole to return runoff to diffuse flow prior to entering OFFICES • 222 WEST HARGETT STREET • POST OFFICE BOX '90 • RALEIGH. NORTH CAROLINA 27602 RECYCI..1 D PAP. P July 22, 2008 Page 2 the buffer. One existing outlet in this area will remain; however, possible additional runoff to this outlet is proposed to be rerouted across the proposed roadway to a scour hold outside the buffer limits. This results in no additional runoff to the existing outlet, and is the best practical alternative. If you have any questions, please call me at (919) 890-381-4. Thank you for your attention to this matter. Very truly yours, Tim Sudano, P.E. Project Engineer II Enclosure cc: Senior Project Engineer Raynor File Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources July 25, 2008 CERTIFIED MAIL: RETURN RECEIPT REQUESTED City of Raleigh Public Works Department Attn: Tim Sudano PO Box 590 Raleigh, North Carolina 27602 Subject Property: Freedom Wide Widening Public VI orkS Coleen H. Sullins, Director Division of Water Quality JUL 8, 2008 Received DWQ# Not Assigned Wake County AUG 1 _ 2008 DENR - WATER QUALITY WETLANDS AND STQRMWATER BRANCH ® RETURN OF PROJECT AND FEE Dear Mr. Sudano: On July 25, 2008, the Division of Water Quality (DWQ) received your correspondence relating to the above referenced project. The DWQ has determined that a 401 Water Quality Approval is necessary and will require the following to begin the review and approval process. Additional Information Requested: ® For written concurrence to occur, DWQ requires five (5) complete application sets along with the appropriate fee. ® The PCN Application failed to contain the Applicant/Agent's Signature and Date. See last page of application. (Agent's signature is valid only if an authorization letter from applicant is provided). This letter only addresses the application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not authorized (at this time) by the DWQ. Please call Ian McMillan or me at 919-733-1786 if you have any questions regarding or would like to set up a meeting to discuss this matter. Sincerely, -4- Cyndi Karoly, Supervisor 401 Oversight/Express Review Permitting Unit 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: http://h2o.enr.state.nc.us/newetlands One Naturally An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper 1 CBKIIjd Enclosure: Preconstruction Application Check # 660676 for $240 cc: U.S. Army Corps of Engineers, Raleigh Regulatory Field Office File Copy + check copy Filename: FreedomDriveWiden ing(Wake)_PCN_CheckRetu n' Office Use Only: Form Version March 05 .08 1 1 79 USACE Action ID No. DWQ No. V 15 (if any particular item is not applicable to this project, please enter "Not Applicable" or "N/A". s 9 -0 1. Processing @@@9 VL90 A I'' 1. Check all of the approval(s) requested for this project: ? AUG I 2008 ® Section 404 Permit ® Riparian or Watershed Buffer Rules DENR.WATERQU. ? Section 10 Permit ? Isolated Wetland Permit from DOSANDsrpRMWATER aRAN, ® 401 Water Quality Certification ? Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: 14 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ? II. 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here ?? ?a t?lWIN Applicant Information JUL 2 5 2008 Owner/Applicant Information DENR - WATER QUAWI Name: City of Raleigh - Public Works Department WERANDS AND STORMWATER 31ZANGI-1 Mailing Address: 222 W. Hargett St., Room 602 PO Box 590 Raleigh, NC 27602 Telephone Number: (919) 890-3030 Fax Number: 919-890-3832 E-mail Address: 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Timothy J Sudano, PE Company Affiliation: City of Raleigh - Public Works Department Mailing Address: same as above Telephone Number: (919) 890-3815 Fax Number: (919) 890-3832 E-mail Address: tim.sudanokci.raleigh.nc.us Page 5 of 12 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Freedom Drive Widening 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): Several Parcels 4. Location County: Wake Nearest Town: Raleigh Subdivision name (include phase/lot number): N/A Directions to site (include road numbers/names, landmarks, etc.): Widening of Freedom Dr. From US 64 to deadend. 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 35° 79' ON 78° 56' °W 6. Property size (acres) N/A 7. Name of nearest receiving body of water: Crabtree 8. River Basin: Neuse River Basin (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: Forested with commercial and some residential development, and utility rights-of-way. Existing two lane roadwaYpartlYpaved and partly dirt. Page 6 of 12 10. Describe the overall project in detail, including the type of equipment to be used: The proposed project is the widening of Freedom Drive. The equipment used will be the type typically used during road construction 11. Explain the purpose of the proposed work: Widen Freedom Drive from US64 to the End of Freedom Drive from an existing 18 foot roadway to a 41 foot b/b paved road. 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. None previously requested. 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. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: The impacts are from widening of the existing road. Page 7 of 12 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and floodinv-. Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain ( es/no) Distance to Nearest Stream (linear feet) Area of Impact (acres) None Total Wetland Impact (acres) 3. List the total acreage (estimated) of all existing wetlands on the property: N/A 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. Stream Impact Number (indicate on map) Stream Name Type of Impact Perennial Intermittent? ? Average Stream Width Before Impact Impact Length (linear feet) Area of Impact (acres) 1 UT Crabtree Creek Culvert Perennial 26' 88 0.08 Total Stream Impact (by length and acreage) 88 0.08 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. dredeina. flooding. drainage. bulkheads. etc. Open Water Impact Site Number (indicate on ma) (if Name applicable) ) Wat Type of Impact Type of Waterbody (lakepand estuary, sound, bay, ocean, etc.) Area of Impact (acres) None Total Open Water Impact (acres) Page 8 of 12 6. List the cumulative impact to all Waters of the U.S. resultinLy from the nroiect: Stream Impact (acres): 0.08 Wetland Impact (acres): None Open Water Impact (acres): None Total Impact to Waters of the U.S. (acres) 0..08 Total Stream Impact (linear feet): 88 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. 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.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Current land use in the vicinity of the pond: Size of watershed draining to pond: Expected pond surface area: VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. All practical measures have been taken to avoid and minimize impacts to the streams and buffers. Tonoeranhic constraints have limited the locations for some impacts. 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. Page 9 of 12 USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/stnngide.html. 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. N/A, Cumulative linear impacts < 150 if 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): Page 10 of 12 IX. X. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ? No 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No ? 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ® No ? 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet 1 1117 SF 2 3781 SF Total I 4898 SF * Zone 1 extends out 30 feet perpendicular additional 20 feet from the edge of Zone 1. Multiplier Required Mitigation 3 (2 for Catawba) N/A 1.5 N/A N/A the top of the near bank of channel; Zone 2 extends an 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. No buffer mitigation is required. Page 11 of 12 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. All new impervious surface is being treated. (see stormwater management plans) 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. N/A 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 an after-the-fact permit application? Yes ? No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ? No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o,enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: In accordance with the City of Raleigh Comprehensive Plan, no other roadway development is anticipated that would impact nearby downstream water quality. 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). r L`` X Applicant/Agent's Signature Date (Agent's si nature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 FREEDOM DRIVE / RHYNE COURT ROAD WIDENING L-1 ? F q i s 600 300 0 600 -N- GRAPHIC SCALE r=600 FIG U R E I OF N ? I g S S M S g 8 8 N a 8 N 8 N US HIGHWAY 64 1 ##P j ! 1 I I ( ® 1 0 a g W Buf f er S uff?? °' B # E 1 ? ! 1 I Buf f er ; i SD I eu?`?ei ! I !o I; ! 1 - mN- m oN Z? W Cr CD LL O LL N 0 U U N U Q W i W - z Q Cr W > NW(\/ 1__L O z W ii W O r,r n u wz W = ? O ~ W J W Q > of O 0 LLI LL- y ;( ! _ RHYNE COURT ~a 1 # 1 ~ ? Q Q •1 00 W M li CD O - N I I - I M w w Z Z O O N N N v° U c N L Q w / I 1• `? 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