Loading...
HomeMy WebLinkAbout20081470 Ver 1_401 Application_2008090800- P •-b 08-1 4 7 0 avers PAYM7*!T Engineers &Associateslnc. Planners sime1918 FL- CE?i' Surveyors TRANSMITTAL TO: DATE: 9/25/08 JOB NO.: 27227 Ian McMillan RE: Pearl Barwell Road Annexation Sanitary Sewer NCDENR-DWQ-Permits Unit Mail Service Center 1650 2321 Crabtree Blvd., Suite 250 Raleigh, NC 27604 WE ARE SENDING YOU ? Attached ? Shop Drawings ® Prints ? Change Order ® Other: _ the following items: ? Copy of Letter COPIES DATE NO. i DESCRIPTION 5 PCN Application Forms and supporting documents 1 ` $240.00 check - Application Fee THESE ARE TRANSMITTED as checked below: ® For approval ? ? For your use ? ? As Requested ? ? For Review and comment ? Reviewed ? Revise and resubmit Rejected ? Submit copies for distribution Corrected ? Return corrected prints REMARKS: Please feel free to call me if you have any questions. 919-861-6257 Direct 919-606-4208 Cell ? Under separate cover via ? Plans ? Samples ? Specifications D Ll Srp 13E4R .,NATER UUAl1T y *10,4, DS 00 STOWN TER i3R C? If enclosures are not as noted. kindly- notift us at once. RIVERS & ASSOCIATES, INC. David L. Smith. P.E. 6131 Falls of Neuse Road, Suite 30N Raleigh, NC 27609 • (919) 848-3347 . FAX (919) 848-0319 Email: rivers@riversandassociates.com Office Use Only: Form Version March 05 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ® Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ? Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NW 12/WQ3699 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? N/A 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: ? N/A 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 rnip 160) II. Applicant Information S r P ?OJ8 1. Owner/Applicant Information aENR +rKrr:. , +} Name: CITY OF RALEIGH ViETLOIDS AND STOF W4 ATI_ BMXr Mailing Address: CITY OF RALEIGH PUBLIC UTILITIES DEPT. (CORPUD) PO BOX 590 RALEIGH, NORTH CAROLINA 27602-0590 ATTN: DENNIS H. LASSITER, P.E. Telephone Number: 919-857-4540 Fax Number: 919-857-4545 E-mail Address: dennis.lassiter@ci.raleigh.nc.us 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: DAVID L SMITH PE Company Affiliation: RIVERS AND ASSOCIATES, INC. Mailing Address: 6131 FALLS OF NEUSE ROAD, SUITE 300 RALEIGH, NORTH CAROLINA 27609 Telephone Number: 919-848-3347 Fax Number: 919-848-0319 E-mail Address: dsmith@riversandassociates.com 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: PEARL/BARWELL RD ANNEXATION SANITARY SEWER 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A STREAM CROSSING (AREA 1) N/A 3. Property Identification Number (Tax PIN): BUFFER (AREA 2) - 1732008382,1732008358 1732100321 4. Location County: WAKE Nearest Town: RALEIGH Subdivision name (include phase/lot number): N/A Directions to site (include road numbers/names, landmarks, etc.): Frm Ral. 140E to Exit 303 Jones SausaPe Road. Take left on Jones Sausage Road and 20 to Rock Ouarrv Road. Take right on Rock Quarry Road to intersection with Barwell Road. Site is on the right. 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): 35.7298 ON 78.5562 °W 6. Property size (acres): N/A, IN PUBLIC R/W 7. Name of nearest receiving body of water: BIG BRANCH-WALNUT CRK-NEUSE RIVER 8. River Basin: NEUSE (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.eni.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 stream x-ing area (Area #1) is located within the ROW of Rock Quarry Road and is cleared with scattered vegetation. Tile buffer area (Area #2) is wooded with some clearing on Zone 2 related to existing residential development. Page 6 of 12 10. Describe the overall project in detail, including the type of equipment to be used: Project includes the installation of 8" sanitary sewer and associated excavation and backfill. Exposure time should be very brief with erosion control devices installed as the work progresses - Tree protection fencing will be installed at construction limits and the limits of buffer impacts as shown on the site plan . Basic construction equipment including a backhoe and possibly a loader will be used on this project. 11. Explain the purpose of the proposed work: The purpose of the project is to extend sanitary sewer service to existing residential properties recently annexed by the City of Raleigh. 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. NCDOT has received a permit to impact the same stream as part of a roadway widening project. If this project had been completed then the 404/401 for the sewer would have not been necessary. Impact area (Area #1) will eventually be filled and a culvert placed in the area of the sanitary sewer. The NCDOT project is DWQ Project 20061232 and a copy is attached to this application. 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. No - No future request are anticipated. 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: Page 7 of 12 Impact Area 1 - Temporary impact to an intermittent stream for a below stream bed placement of a perpendicular 8" sanitary sewer. The crossing will be a dry crossing utilizing sand bag dams and pumps if necessary. Impact Area 2 - Impact to Zone 2 of a Neuse River Riparian buffer for the construction and maintenance of a parallel 8" sanitary sewer. 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 flooding. 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) N/A N/A N/A N/A N/A N/A Total Wetland Impact (acres) 0 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. multinlv length X width- then divide. by 41 56n Stream Impact Number (indicate on map) Stream Name Type of Impact Perennial or Intermittent? Average Stream Width Before Impact Impact Length (linear feet) Area of Impact (acres) Area # 1 U/N Tributary Temporary Intermittent 4 FT 010 LF 0.005 Total Stream Impact (by length and acreage) 20 LF 0.005 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. dredging. flooding- drninape_ hulkhend-, Pte Open Water Impact Name of Waterbody Type of Impact Type of Waterbody Area of Site Number (if applicable) (lake, pond, estuary, sound, bay, Im act Page 8 of 12 (indicate on ma) ocean, etc.) (acres) N/A N/A N/A N/A N/A 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): 0.002 Wetland Impact (acres): 0 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0.002 Total Stream Impact (linear feet): 20 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. N/A 8. Pond Creation N/A 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. Stream Impact - The location of the crossing represents the lowest impact to serve the properties in question. Technicallv, there would be no loss of stream since the roadway project will fill the stream at the crossing location with or without the sever installation. Buffer impacts: Gravity sewer for upstream properties has been placed as close to the residential structures as possible (The easement actually touches the house corners) Given the topography of the property, no alternate is feasible. Erosion control measures will be installed as the work Page 9 of 12 progresses in the easement to protect the stream from erosion and sedimentation. Overland/diffuse flow will be maintained in the buffer area which will be re-vegetated. 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. 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/strmgide.ht". 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. N/A 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): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A Page 10 of 12 IX. 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 ? N/A 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, 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 (Neuse), 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 NEUSE )? 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. * Impact Required Zone 1'---r__., Multiplier __,, _ 1 I 2,403 13 (2 for Catawba) I 0 2 1,619 1.5 0 Total I 4,022 I I 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. Buffer impacts fall within the "exempt" or "allowable" categories - No mitigation 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. No impervious surfaces are proposed as part of this project. 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. Wastewater is collected and carried to the City of Raleigh's WWTP 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: See Attached Description 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). Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 • Celebrating 90 ears a Service 00- iver Engineers &Assocates,Inc. Planners Since1918 1918-2008 Surveyors August 21, 2008 Ms. Cyndi Karoly, Supervisor 401 Oversight/Express Review Permitting Unit NCDENR - Division Of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 RE: Cumulative Impacts - City Of Raleigh - Pearl/Barwell Road Sanitary Sewer Wake County Ms. Karoly, Based on a review of the "DRAFT Internal Policy, Cumulative impacts and the 401 Water Quality Certification and Isolated Wetland Programs" document prepared by the NC Division of Water Quality on October 3, 2002, we have determined that this project has a very low probability of causing future impacts. The project specific points that point to this conclusion are as follows: 1. This purpose of this project is to fulfill the city's need to provide an annexed area with sewer service. The sewer will serve a small area of existing residential lots which are either utilizing existing septic tanks or are under construction with plans to use septic tanks. - Section III of the Draft Policy states "Many private development projects are unlikely to cause cumulative impacts, including projects such as urban in-fill, most residential subdivisions, and small commercial developments as well as agricultural and silvicultural operations". 2. This project contains no commercial elements. 3. This project does not provide access to additional developable land. Therefore, our conclusion is that there are no measurable or predictable cumulative or secondary impacts associated with this project. Sincerely, David L. Smith, P.E. One Springfield Center • 6131 Falls of Neuse Road Suite 300 • Raleigh, NC 27609 • (919) 848-3347 • FAX (919) 848-0319 Email: rivers@riversandassociates.com ? L c I /I / Z o i?? _ 7? 1 1•• i?`?' ?Q z ?, r ! r ? ;J`? z> > ??, AREA agweq E_ bebezer Ch 91 ?> ( > ?- I r IN 6 b a GoFf t1 L?,?, ?it???, , fo 1 -1, l J c rc ? ? ?_ \ 11 t f ) 1 s •? V t ?,- dfz a 11 Gam- u?? OF RALeje.0 - i I ? ? L? ? ?, -- ? ???? • ? . \ ? ? hkA?L. M?op?p S ?t.JE.I. L. ?oAt7 I ! _ %% ',?,?• r ?JVZC, e. 1 65,OGt RTES • 3'KERer ?aN?e- -lit T;atler r ti. zo? - ; WAKE COUNTY. NORTH CAROLINA - SHEET NUMBER 70 APB APAPB toB Au B APB2 ' Me APC AfA Au \ APC; APB APB e r LoC4- _ PC < 1 WkE LocLOD ` 1 nNG ``.' WY Au l ApD APC2 LoC/ APC „ - W.A. Wo Ap _ D �r , LoC M'a Cty1° WkE !. WkE WkC n Wr l y- e `N �\1 i kE \ z I. WkE Ahoc ( LOD o L APC �. •- Au l kb r ` Lo Ap82 r Wkt:� ! lC C , Li1C r LOB ;> AfA�/ t oci� t (r �b \ \ WkC / Ap' APB \ APB x G t Q APC2 DuB }.,A y� Wo -uC , -�� R APC2` APC t i Me[7uu i \ <oe LoC' APB2 LoC ^� j _4pB2 LOB RPB JJJ i. �AA\�\[;.r .J� Y DuC {Me o APC APB Lo8WkE ME Du Qom, P 9 lute RPC2 A#A G' Lobi LciD ` t\ �op o� CnA C2 LOB '- f j �/ P /' LoC APB2 flpC U DuC . �. - Dt+C LoC APB2 / l DuB2 ° APB2 \LoC .. B t 4? DuC2 n vas.: APB CoC APB WmE afi" II Cn �, Q AR ( - Me 6uB o p APC o t o _- - -_��G LoC J v B l i"" ( LOB APB2 �h> _ �G Wim\ l l oB pC wApC2 APC2 °� " M APDAPC A;B `�' LOC " ,) LoC LoD Du,;/ , t Cn - , n �\ APC2 A#.A o APC2 �' !o ( 6uBi ApB Ap6� t^ oB pt�6 C,yLo('APB pC2 `1a. APB2 LoD ` // \ Q -thr.9. A 62 Dk'C GB2 LoCNKE �. • V `. MeApr , APC7 Dub ARG Cm LOD LOB LoC CF Wkt • LoD ApB2 LOD \h gAC2 APB �� �---� ApC 4� AfA ,) VVKC APC2 DL : A r';` > Me _ DuC _ Q LoC LoC I ��� LoD APC2 Loc M�� s \l APC2 O� v LOB DuC2�LoC Lob \ — ApB2 LoC ApC2 1NkE LOD DuC LoD \ Me LoC APC2 `., �LoC Me._ . \ Wy APC2 Sj APD AV \ qAB Cn �pC2 APB2 � 2 ME Wm ' � u � / LOU � � "� APB2 � 2a Me ' CeC2 L ° i LOD / .M 1C2 U . Gu Ap nnC1. ' nAr� Ebe ur�C e iti 00 Dui • tF Me ... LOC qr o- •C r,C `�'y� — AEA Z Me !� i t � � LoC �/ � Lo PB M _ ApB2 q, D A !O APD A �Q t � LoC WkC wywA. 1 �b Cn qo APD loC CeC2 A.PC C° Me WYE ApD Ca 1lr{. nB2 LoD C C• LoD ,, f� � onn ARJ #D ^� V it -- ... _ _Me APB ! LoC c2 Me q�� " to �� Z, 1-0 LOD - i bub DuC _r khAe qpC? AfA - APC A ` P = -- �+-�-��� r a tG •-' Du rc=\\Va62 livte I.- c/'ti F J{ LoC ApC Mie �� fylTY p� IC/°tLILILtN �r APD 1v VP4/ c �vdo, al c� \ApC2Cn ��LoDf L'ur_ A�� . q p r r WO ` %�o, / me SI�IJ tT 1e 'S"JM Gu - -- Me .��_L ApD Af;C _� ?wAA7Ee RECEIVED MAR 2.7 200B y,,,s+STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL EASLEY P.O. BOX 25201, RALEIGH, N.C. 27611-5201 LYNDO TIPPETT GOVERNOR SECRETARY September 14, 2006 Attention: Mr. Mike Kneis, P.E. Division Project Manager Subject: Spot safety project RS2574: Improvements to the intersection of SR 2542 (Rock Quarry Road) at SR 2551 (Barwell Road) in Wake County. WBS Element 40181. The North Carolina Department of Transportation (NCDOT) proposes to widen SR 2542 (Rock Quarry Road) East and West of SR 2551 (Barwell Road). A permit application for this project was forwarded to the United States Army Corps of Engineers (USACE) and North Carolina Department of Environment and Natural Resources-Division of Water Quality (NCDENR DWQ) on July 31, 2006. Application was made for a Department of the Army Section 404 Nationwide Permit (NWP) 14 and NWP 33 and NCDENR-DWQ Section 401 Water Quality Certification (WQC) No. 3404 and WQC No. 3366. The permit application was received by the USACE and NCDWQ on August 2"4 and 1', respectively. The NCDENR DWQ WQC was issued for this project on August 11 h. At this time, the NCDOT has not received notification from the USACE and the 45-day time period terminated on September 14, 2006. Therefore, by failure to provide notification, the NCDOT has permission from the USACE to commence, construction of the project. By copy of this letter, I am informing you that you can proceed with construction. Please be advised that construction of the project must comply with all applicable NWP, WQC, and riparian buffer conditions. Please note that this letter does not provide environmental clearance for activity at any borrow sites or spoil disposal areas. These areas would have to be evaluated separately if thev become necessary in accordance with the "Borrow and Waste Site Reclamation Plan Procedures, for Operations " dated 01120105. A copy of the completed Minimum Criteria Determination Checklist (MCDC) is attached to this letter, please sign and file. If you have any questions or need additional information, please contact Ms_ Heather Montague at (919)560-6081. Sincerely, Christopher A. Murray, P.W.S. Environmental Officer cc: Mr. Chris McGee, P.E., NCDOT Ms: Katie Simmons, NCDOT Division 5, 2612 N. Duke Street, Dwharn, NC 27704 Phone: (919) 560-6081 Fax: (919) 560-3371 t 0 c 0 V) } L p 0 i- L a o c c p mn cc L L 3'- 4 n O C N C 1 a 4- 6L !2 a LL w m i , uE 11001. 5e ?y?11 v L } O c'h 0 E m U O CL o V o v Cl C dd?U " to x bF WATj ? O? ?G > D Michael F. Eastey,.Govemor Wieiam G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources aJan W. Klimek, F.E. Director Division of Wafer Quality August 16, 2006 Wake County DWQ ProjectNo. 20061232 SR 2542 at SR 2551 State Project No. 40181 (RS2574) APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE BUFFER AUTHORIZATION, with ADDITIONAL CONDITIONS Mr. Jon G. Nance, P.E., Division Engineer NCDOT, Division 5 2612 North Duke Street Durham, NC 27704 Dear Mr. Nance: You have our approval, m accordance with the conditions listed below, for the following impacts for the purpose of intersection improvements to SR 2542 at SR 2551 in Wake County: Stream imnacts in the Neuse River Basin Site Culvert impact to Rlprap Armoring Temporary Total Stream Intermittent to Intermittent Dewatering.to Impact Stream (linear ft) Stream (linear ft) Intermittent (linear ft) Stream near ft 1 51 10 61 concurrent 61 Total 51 10 61 concurrent 61 Total Stream Impact for Project: 61 linear feet Neuse Riparian Buffer Imnacts Site Zone 1 rninus = Zone 1 Zone 1 Buffer Zone 2 ncfnus = Zone 2 Zone 2 Buffer Impact Wetlands Buffers (not Mitigation Impact Wetlands Buffers Mitigation (sq ft) in Zone 1 wetlands) Required (sq ft) in Zone 2 (not Required (using (sq ft) (sq ft) (using 3:1 ratio) (sq f) wetlands) 1.5:1 ratio) sit 1 3,040 0 3,040 N/A 993 0 993 N/A Totals 3,040 0 3,040 0 993 0 993 0 f n!a = Total for Site is less than 1 /3 acre and 150 linear feet of impact, no mitigation required Total Buffer Impactfor Project: 4,033 square feet. The project shall be constructed in accordance with your application dated-received August% 2006 and supplemental information received August 10, 2006. After reviewing your application, we have decided that these impacts are eoveredby General Water Quality Certification Numbers 3404 and 3366. This certification corresponds to the Nationwide Permit 14 and Nationwide Permit 33 issued by the Corps of Engineers. This-approval is also valid for the Neuse Riparian Buffer Rules (15A NCAC 2B.02333. In addition, you should acquire any other federal, state or local permits before you proceed with your project including (bat not limited to) Sediment and_Erosion 'Control, Non-Di-scharge end Water Supply Watershed regulations. nis approval wfi1 expire with the accompanying 404 permit Tranwodagon Permitting Unit ? V 1650 Matt Servim Canter, Raleigt , North Carolina 27699-1650 x121 Crabtree 8oulavard, Suite 250, Rafth, Norlh Caroffira 27604 Phons: 919-733.17861 FAX 919-733-68931Internet htfolhi2o.enrstate.nc.uslnamUana An Equal opportudVAOimna&*Adon Employer-50% Rerydedf10%Post Consumer Paper ?F WATF R Michael F. Easley, Governor G R J S t lli QG aa oss . r., ecre Wi am ary North Caroliiba Department of Environment and Natural Resources 1 Cr} r Alan W. Klimek. P,E. Director > Division of Water Quality 0 < This approval is valid solely for the purpose and design described in your application (unless modified below). Should your project change; you must notify the DWQ and submit a new application. H the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all the conditions. If total wetland fills for This project (now or in the future) exceed one acre, or of total impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as described in 15A NCAC 211.0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the conditions listed in the attached certification as well as those listed below. Conditions of Certification: 1. Placement of culverts and other structures in waters, streams, and wetlands shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or sireambeds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equihbrium is being maintained if requested in writing by DWQ. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact the NC DWQ for guidance on how to-proceed and to determine whether or not a permit modification will be required. 2. Riprep should not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed. 3. All channel relocations will. be constructed in a dry work area and stabilized before stream flows are diverted. Channel relocations will be completed and stabilized prior to diverting water into the new channel. Vegetation used for bank stabilization shall be limited to native woody species, and should include establishment of a 30 foot wide wooded and an adjacent 20 foot wide vegetated buffer on both sides of the relocated channel to the maximum extent practical. A transitional phase incorporating coin fiber and seedling establishment is allowable. Also, rip-rap may be allowed if it is necessary to maintain the physical integrity of the stream. 4. All stormwater runoff shall be directed as sheetflow through grass swales and stream buffers at nonerosive velocities, as indicated in the permit application. 5. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the preconstruction contours and revegated. Maintained buffers shall be permanently revegetated with non-woody species by the end of time Vowing season following completion of construction. For the purpose of this condition, maintained buffer areas are defined as areas within the transportation corridor that will be subject to regular DOT maintenance activities including mowing. The area with non-maintained buffers shall be permanently revegetated, with-native woody species before the next growi Wseason following completion of constme ion. 6. Pursuant to NCAC 15A 2B.0233(6), sediment and erosion control devices shall not be placed in Zone 1 of any Neuse Buffer without prior approval by the NCDWQ. At ibis time, the NCDWQ has approved no sediment and erosion control devices in Zone 1, outside, of the approved project impacts, anywhere on this project Moreover, sediment and erosion control devices shall be allowed in Zone 2 of the buffers provided that Zone 1 is not compromised and that discharge is released as diffuse flow. 7. If concrete is used during construction, a dry work area should be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete should not be discharged to surface waters due to the potential for-elevated pH and possible aquatic life and fish kills. !?°oe Cam Tmmpodallon PennlUing Unit OV17A I/I 11550 Mal Service Center, Math, North Carolina 27699-1650 2321 Crabtree HouimId, Sum 25n, Raleigh, North Carolina 27604 Phone:-919-733-17861 FAX 919-733-6893 t Iniemet: hHalrh2osrw-gs to ncuyncwetlands AnF.gual OppodunihdAftalive Action Employer- 50% Ra_gde O% Pest Consuner Paper OF WA-1 Michael F. Easley, Governor ?. k-' William G. Ross Jr., Secretary `0 G North Garoltria Department of Environment and Natural Resources r Alan W. Klimek, P.E. Director Division of Water fluailty ? -4 P 152?611rftw ? 8. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. 9. The dimension, pattern and profile of the stream above and below the crossing should not be modified. Disturbed floodplains and streams should be restored to natural geomorpbic conditions. 10. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 11. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, mck berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. 12. Heavy equipment shall be operated from the banks rather than in the stream channel in order to minimize sedimentation and reduce the introduction of other pollutants into the stream 13. All mechanized equipment operated near surface waders must be regularly inspected and maintained to prevent contamination of stream waters from feels, lubricants, hydraulic fluids, or other toxic materials. 14. No mck, sand or other materials shall be dredged from the stream channel except where authorized by this certification. 15. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 16. Thepermittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any other appropriate requirements of State and Federal law. IfDWQ determines that such st indards or laws are not being met (including the failure to sustain a designated or achieved use) or that State or federal law is being violated, or that further conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification. 17. A copy of this Water Quality Certification shall be posted on the constriction site at all times. In addition, the Water Quality Certification and all subsequent modifications, if any, shall be maintained withthe Division Engineer and the on-site project manager. 18. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. 19. Upon completion of the project, the NCDOT Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify DWQ when all work included in the 401 Certification has been completed. 20. Native riparian vegetation must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 21. There shall be me excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites be located in wetlands or streams, compensatory-mitigation will be required since that is a direct impact from road constructions activities. 2f/ TransporlaBon PermltUng Unit Qf11llPQll 1650 Mel Service Center, Raleigh, NoM Carolina 27699.1650 2321 Crabha Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone. 919-733-TM 1 FAX 919-733-66931 Internet hthJ/h2o.enr.state naus/ncwe0ands An Equal Opportunity/MmOo-AcLb Employer- W% Reryded11096 Post Coesu ner Paper F A TF Michael F. Easley, Govemor O ? O? Q? William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources _ 17 Alan W.191melc, P.E. Director Division of Water Quality 22. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediament and Erosion Control Manual. The devices sball be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act 23. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. Uplacement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored upon completion of the project. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center.-Raleigh, N.C. 27699. This certification and its conditions are final and binding unless yon ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please contact Rob Ridings at (919)733-9817. S" cerel , ?G Alan W. Klimek, P.E. Attachments (General Certification and Certificate of Completion form)- cc; Wilmington US Army Corp District Office Chris Murray, Division 5 Environmental Officer Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office Travis Wilson, NC Wildlife Resources Commission DWQ Raleigh Regional Office copy File Copy Tm aportallon Pem&ffi?g Unit ?""''ICIINal 1650 Mail Sefte.Cenkr, Rat*, North Careha 276WI650 2321 Crabtree Baulevard, Sur'la 250. Rai*1% Norlb Carona 27604 Pbone: 919-733•.f71% I FAX 91943: M931 Internet htt3J/h2o.enr.state_nc.ustncwatlands An Equal OpportonIVAftimnattve AcOmEmplayer-MIs RerydeffIG% Post Consumer Paper MINIMUM CRITERIA DETERMINATION CHECKLIST The following questions provide direction in determining when the Department is required to prepare environmental documents for state-funded construction and maintenance activities. Answer questions for Parts A through C by checking either "Yes" or "No". Complete Part D of the checklist when Minimum Criteria Rule categories #8,12(i), or #15 are used. TIP Project No.: N/A State Project No.: WBS Element: 40181 Project Location: SR 2542 (Rock Quarry Road) Project Description: spot safety: RS2574 (widening and adding turn lanes) Anticipated Permit or Consultation Requirements: Nationwide Permit 14 & 33, WQC # 3404 & #3366. Special Project Information: 09/140 1 of4 PART A: MINIMUM CRITERIA YES NO - - _ - _ _ - ?? - - <:?-?.?': Jai .t l4 e'?`?Nr• .y :J:-= ??t _:u.-:.. -:Y I??iC .:rffeu'I:to`fieeoriT?7?ted L'?fli?,?n ?'.ieer''? "?`?' ?"?- •?`??'=x?:?` "`?`=` 1. Is the proposed project listed as a type and class of activity allowed under Q F1 the Minimum Criteria Rule in which environmental documentation is not required? If the answer to number 1 is "no", then the project does not qualify as a minimum criteria project. A state environmental assessment is required. If yes, under which category? _ 8 If either category #S, #12(i) or #15 is used complete Part D of this checklist. PART B: MINIMUM CRITERIA EXCEPTIONS ?Ce??r???y`'?t?e¦srte e?'..4 :?tlterri =`i?o?be'com s.??1 _ , _ ,. 2, Could the proposed activity cause significant changes in land use concentrations that would be expected to create adverse air quality impacts? 3. Will the proposed activity have secondary impacts or cumulative impacts 54 that may result in a significant adverse impact to human health or -the environment? 4. Is the proposed activity of such an unusual nature or does the proposed LN activity have such widespread implications, that an uncommon concern for its environmental effects has been expressed to the Department? S. -Does the proposed activityhave a significant adverse effect on wetlands; surface waters such as rivers, streams, and estuaries; parklands; prime or unique agricultural lands; or areas of recognized scenic, recreational, archaeological, or historical value? 6. Will the proposed activity endanger the existence of a species on the ?X Department of Interior's threatened and endangered species list? -7. Could the proposed activity cause significant changes in land use o concentrations that would be expected to create adverse water quality or ground water impacts? 09/14/06 2 of 4 YES NO S. Is the proposed activity expected to have a significant adverse effect on E Y long-term recreational benefits or shellfish, finfish, wildlife, or their natural habitats If any questions 2 through 3 are answered "yes", the proposed project may not qualify as a Minimum Criteria project. A state environmental assessment (EA) may be required. For assistance, contact: Manager, Project Development and Environmental Analysis Branch P. O. Box 25201 Raleigh, NC 27611 (919) 733 -3141 Fax: (919) 733-9794 PART C: COMPLIANCE WITH STATE AND FEDERAL REGULATIONS T F;grit Tleri iii - Dttlsrorro?lnt t Y.. _ tK.? :. v-s YES NO 9. Is a federally protected threatened or endangered species, or its 11 habitat, likely to be impacted by the proposed action? r --3 10. Does the action require the placement of temporary or permanent fill in waters of the United States? . 1.1. Does the project require the placement of a significant amount of QX fill in high quality or relatively rare wetland ecosystems, such as mountain bogs or pine savannahs? 12. Is the proposed action located in an Area of Environmental a Concern, as defined in the coastal Area Management Act? ~ItQms'T3to:l5e`or lefelfith`n veer:??_ 13. Does the project require stream relocation or channel changes? F] N Cultural Resources 14. Will. the project have an "effect" on.a property or site listed on the E National Register of Historic Places? 15. Will the proposed action require acquisition of additional right of way from publicly owned parkland or recreational areas? Questions in Part "C" are designed to assist the Engineer and the Division Environmental Officer in determining whether a permit or consultation with a state or federal-resource agency may be required if any questions in Part `°C` are answered "yes", follow the appropriate permitting procedures prior to beginning project construction. 09/14106 3 af4 PART D:(To be completed when either catemorv #8, #1261, or 415 of the rules are used, s::I 6-`-22 rQ;lse :com,p a DtvistoitE 16. Project length: 17. Right of Way width: 4.236 miles 60 ft 18. Project completion date: 19. Total acres of newly disturbed ground surface: 20. Total acres of wetland impacts: 21. Total linear feet of stream impacts: 22. Project purpose. Fall 2006 1.6 acres NONE 51 ft Spot safety: RS2574 If Part D of the checklist is completed, send a copy of the entire checklist document to: .Don G. Lee State Roadside Environmental Engineer Mail Service Center 1557 Raleigh, NC 27699-1557 (919) 733-2920 Fax (919) 733-9810 Email: dlee cr dot.state.nc.us Reviewed by: Date: AlIq eat Engineer ?-?- Q Date: 9 o r` Division Environment fficer 09/14106 4 of 4