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HomeMy WebLinkAbout20081475 Ver 1_401 Application_20080908I ft WK WDICKSON community infrastructure consultants September 25, 2008 Mr. Ian McMillan Division of Water Quality 401 Wetlands Unit 2321 Crabtree Blvd., Suite 250 Raleigh, NC 27604 08-1475 3 P.&V RE: PCN's for Kaplan Drive, Lail Court, and Swift Drive Culvert Replacements 60319.00. RA Dear Mr. McMi Ilan: The attached PCN's for the Kaplan Drive Culvert Replacement, Lail Court Culvert Replacement, and Swift Drive Culvert Replacement are presented by WK Dickson on behalf of The City of Raleigh (Applicant). The goals of the projects are to reduce the frequency of residential flooding for private properties and public roads and to stabilize eroding stream banks. One check totaling $720 for the three PCN submittals is also enclosed. Please feel free to contact me if you have any questions regarding this PCN submittal (dingram@wkdickson.com). Thank you for your prompt attention to this important project. Sincerely, W.K. Dickson & Co., Inc. 5w?)Yllwf Daniel Ingram Project Scientist cc: James Shern, USACE Craig Deal, Project Manager Tom Murray, PE, Project Manager File: 60319.00. RA 720 Corporate Center Drive Raleigh, NC 27607 Tel. 919.782.0495 Fax 919.782.9672 www.wkdickson.com X+1 1 # t 4 t ; ,r Sit Transportation • Water Resources + Urban Development • Geomatics PhWK WDICKSON community infrastructure consultants September 25, 2008 Mr. James Sherri USACE Raleigh Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 RE: PCN's for Kaplan Drive, Lail Court, and Swift Drive Culvert Replacements 60319.00.RA Dear Mr. Shern: The attached PCN's for the Kaplan Drive Culvert Replacement, Lail Court Culvert Replacement, and Swift Drive Culvert Replacement are presented by WK Dickson on behalf of The City of Raleigh (Applicant). The goals of the projects are to reduce the frequency of residential flooding for private properties and public roads and to stabilize eroding stream banks. Please feel free to contact me if you have any questions regarding this PCN submittal (dingram@wkdickson.com). Thank you for your prompt attention to this important project. Sincerely, W.K. Dickson & Co., Inc. 4 A)- 0 Daniel Ingram Project Scientist cc: Ian McMillan, NCDWQ 401/Wetlands Unit Craig Deal, Project Manager Tom Murray, PE, Project Manager File: 60319.00. RA 720 Corporate Center Drive Raleigh, NC 27607 Tel. 919.782.0495 Fax 919.782.9672 www.wkdickson.com Transportation • Water Resources • Urban Development • Geomatics Personal Account Information Redacted Office Use Only: Form Version March 05 0 8- 1 7 5 USACE Action ID No. DWQ No. 4 (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing 'A I 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: NWP 3, GC 3687 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ? 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check II. Applicant Information S E F 6 2008 1. Owner/Applicant Information aESg.;/,!ATER QUALITY Name: City of Raleigh yL.TL6 1135A AND STCSRNO,?aTw?BR'. Mailing Address: Public Works Department 222 West Hargett Street Raleigh, NC 27602-0590 Attn: Carl Dawson, P.E. Telephone Number: (919) 890-3030 Fax Number: (919) 890-3786 E-mail Address: carl.dawson@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: Daniel Ingram Company Affiliation: WK Dickson Mailing Address: 720 Corporate Center Drive Raleigh, NC 27607 Telephone Number: 919-782-0495 Fax Number: 919-782-9672 E-mail Address: dingramOwkdickson.com Updated 11/1/2005 Page 5 of 13 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 ofproject: Lail Court Culvert Improvements 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 783574025 (City of Raleigh) 4. Location County: Wake Nearest Town: Raleigh Subdivision name (include phase/lot number): Directions to site (include road numbers/names, landmarks, etc.): Take the Gorman Street exit from 1-40 and proceed north at the light at the end of the ramp. Take a left onto Avent Ferry Road and go approximately 2.0 miles west. Take a right onto Swift Drive and go approximately 0.5 miles, Lail Court is the second left off of Swift Drive. 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): 35.7768833 ON -78.70333 °W 6. Property size (acres): 0.32 (area of disturbance) 7. Name of nearest receiving body of water: Simmons Branch 8. River Basin: Neuse River Basin (03020201 (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/mgps/.) 9. Describe'the existing conditions on the site and general land usein the vicinity of the project at the time of this application: The attached project narrative describes existing conditions. 10. Describe the overall project in detail, including the type of equipment to be used: The City of Raleigh will improve the culvert at Lail Court by installing twin reinforced 8'x6' box culverts and one Updated 11/1/2005 Page 6 of 13 9'x6' reinforced concrete box culvert. The 9'x6' culvert will be located between the two 8'6' culverts, buried approximately one foot and baffled to convey the base flow. The dual 8'x6' culverts will be buried and baffled to confine the base flow. The full width of the three culverts will only be utilized for high flow events. A temporary fill of 30LF will be required for a temporary detour to maintain traffic on Lail Court. Lail Court is a cul-de-Sac public road and emergency access and resident access must be maintained. A sanitary sewer utility line will be rerouted under the stream approximately 35 feet upstream of the culvert. Natural channel design techniques will be utilized to provide bed and bank stability. These include a rock cross vane, riffle grade control, and reshaping and planting stream banks. Bank stabilization will be performed on approximately 150 LF of channel between Lail Court and Swift Drive. The stabilization will be performed above the OHWM and include regrading the banks and using live stakes and native plantings for stabilization. Equipment to be used will include typical earthmoving equipment and construction equipment. 11. Explain the purpose of the proposed work: The project will improve channel capacity, reduce flooding, and stabilize banks. 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. No permits exist at this time for this project. 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. None at this time. 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 Updated 11/1/2005 Page 7 of 13 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: Placement of the new culvert will impact 2 LF of stream channel upstream of the existing culvert. There is also 30LF of temporary impact from a construction detour to maintain emergency access and residential traffic. An additional 15LF of temporary impact will occur due to the installation of the 8" sanitary sewer line. 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) Total Wetland Impact (acres) 3. List the total acreage (estimated) of all existing wetlands on the property: 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 Perennial Average Impact Area of Number Stream Name Type of Impact ? Intermittent? Stream Width Length Impact (indicate on ma Before Impact (linear feet) (acres) 1 Simmons Branch Placement of Perennial 15 2 0 001 Culvert . 2 Simmons Branch Temporary Perennial 15 30 01 0 (Upstream) Crossing . 3 Simmons Branch Utility line Perennial 15 15 0 005 (Upstream) (temporary) . Total Stream Impact (by length and acreage) - 47 0.016 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, drainage, bulkheads, etc. Updated 11/12005 Page 8 of 13 Open Water Impact Site Number (indicate on ma) Name of Waterbody (if applicable) Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) Area of Impact (acres) Total Open Water Impact (acres) 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): 0.016 Wetland Impact (acres): Open Water Impact (acres): Total Impact to Waters of the U.S. (acres) Total Stream Impact (linear feet): 2 (permanent) 45 (temporary) 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 impacts to waters of the U.S. have been avoided and minimized to the maximum extent practicable. The attached project narrative Updated 11/1/2005 Page 9 of 13 describes avoidance and minimization in detail. All conditions of NWP 3 will be satisfied to further minimize 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. 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 (see DWQ website for most current version.). 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. The proposed project is below mitigation thresholds and no off-site mitigation is proposed. On-site mitigative measures include minimizing impacts, use of natural channel design techniques for bed and bank stabilization, re-planting native species, and strict erosion control measures. 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 Updated 11/1/2005 Page 10 of 13 website at http://www.nceep.net/pages/inlieureplace.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): 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): IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ® No ? 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact (Meuse), 15A NCAC 2B 2B .0250 (Randleman identify)? protected riparian buffers identified within 15A NCAC 2B .0233 .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC Zules and Water Supply Buffer Requirements), or other (please 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. Updated 11/1/2005 Page 11 of 13 Zone* (s uImpct are feet) Multiplier Required Mitigation 1 10558 3 (2 for Catawba) 2 0 1.5 Total 10558 * 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. No riparian buffer mitigation is proposed. Impacted buffers are not forested and have an existing residential land use. No impacts to forested buffers are proposed. Disturbed riparian areas will re-planted with appropriate native species on the stream bank. Residential lawns and right-of-way will be stabilized with turf grasses. The project is maintenance of an existing structure and will not result in a net increase of impervious surface. XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. The proposed project does not require stormwater planning. 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. 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: The Updated 11/1/2005 Page 12 of 13 project is maintenance upgrades of an existing culvert to reduce flooding. The surrounding watershed is almost entirely developed and the project should have no impact on future land use. 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). None. Applicant/AKt's Kignatul (Agent's signature is valid only if an Updated 11/1/2005 0? le U3 Q////©W hat j tion letter from the applicant is provided.) Page 13 of 13 PRE-CONSTRUCTION NOTIFICATION NATIONWIDE PERMIT 3 PROPOSED LAIL COURT CULVERT IMPROVEMENT SIMMONS BRANCH DRAINAGE BASIN WAKE COUNTY, NORTH CAROLINA PROJECT NARRATIVE Introduction The Lail Court culvert upgrade is part of a watershed wide plan for Simmons Branch to reduce roadway and structure flooding in a predominantly residential neighborhood in West Raleigh. Lail Court currently overtops during the 2-year 24-hour storm event based on built out land use conditions. The proposed upgrade discussed in this PCN is designed to convey the 10-year 24-hour storm based on future land use conditions as described in the 2002 "Simmons Branch Drainage Study." The Lail Court culvert upgrade described herein in addition to the proposed White Oak Lake improvements and other proposed culvert improvements within the Simmons Branch watershed will substantially reduce the flood risk throughout the area especially during more frequent storm events. Completion of this project would affect areas under U.S. Army Corps of Engineers (USACE) jurisdiction, specifically 2 linear feet of stream for culvert replacement and 30 LF of stream for a temporary detour. These are unavoidable and required to provide channel stability and hydraulic function. Site Location and Description Simmons Branch drains approximately 1.2 mi' from Western Boulevard to south of Avent Ferry Road (Figure 1). The stream discharges to Walnut Creek just south of Lake Johnson. While commercial areas in the vicinity of Western Boulevard have developed in recent years, the majority of land use along Lail Court is residential. Rain events in 2001 caused significant residential flooding in the watershed precipitating the "Simmons Branch Drainage Study", completed in 2002. Recommended project locations from the 2002 study are intended to provide a 10-year level of service at major roadway crossings assuming built out conditions in the watershed. The latitude and longitude coordinates are 35.7768833°N -78.70333°W. The existing culvert at Lail Court consists of 40 linear feet of twin 60" reinforced concrete pipe. Catch basins located directly on top of the southern barrel collect street runoff and discharge directly to the culvert. Concrete headwalls with wings exist on the upstream and downstream ends. The existing cover over the culvert is limited, which will prevent constructing taller culverts at this location. Several utilities are located along Lail Court that will need to be moved or temporarily moved during construction. The most notable utility conflict is an 8" sanitary sewer pipe that runs directly under the existing culvert. The 8" sanitary sewer line will be relocated upstream of the culvert under Simmons Branch. Proposed Culvert Improvements in the Simmon's Branch Drainage Basin Page 2 Construction of any culvert improvements along Lail Court will require a temporary detour to maintain traffic into the cul-de-sac. Lail Court is the only access point for emergency vehicles for five (5) residences. The existing channel between Lail Court and Swift drive is 150 linear feet in length and an average width of 20 feet. Approximately 50 percent of the channel banks are unstable and showing signs of erosion. The topography on the property consists of moderately sloping terrain. Simmons Branch flows from west to east through the middle of the property. The property generally drains to the south, away from Lail Court, eventually draining into Walnut Creek. The site is located in the Neuse River basin (HUC 03020201). Jurisdictional Waters/Wetlands of the U.S. One perennial stream is located in the central portion of the property (Simmons Branch). This stream is a tributary to Walnut Creek. Simmons Branch in the vicinity of Lail Court is a highly impaired urban channel. Upstream of the Lail Court culvert the channel is approximately 15 feet wide with steep eroding banks confined between Swift Drive and maintained lawns. Downstream of the culvert Simmons branch is confined between Swift Drive and maintained lawns (Figure 2). The banks are unstable and eroding in many locations. No wetlands are present in the project area. Avoidance and Minimization Due to stream location, access considerations, and footprint requirements, limited impacts to streams are unavoidable. The proposed culvert is 2 feet longer than the existing culvert, minimizing impacts from the upgrade of the new culvert. The roadway width and fill slopes have been minimized while still fulfilling geometry and traffic considerations. Stream disturbance width will be minimized and all conditions of NWP 3 will be complied with. The final site plan is the most practicable configuration in that it allows a usable yield of land area while carefully configuring and placing infrastructure, utility lines, and roads to minimize stream impact. Relocating the culvert would reduce stress on the upstream channel bank, avoid sanitary sewer relocations, and preserve several large-sized trees on the downstream end. Jurisdictional Impacts The total area of jurisdictional waters of the U.S. to be impacted by the proposed culvert upgrade project is 0.001 acres of permanent stream fill and 0.015 acres of temporary stream fill. The permanent stream fill is generated by an additional 2 feet of culvert length at the Lail Court road crossing. The impact is required due to geometry constraints for the culvert upgrade, accessing the Lail Court ROW, and is located adjacent to the stream fill. The temporary impact is for 30 LF of fill for a temporary detour during construction and 15 LF due to a utility relocation under Simmons Branch. Lail Court is a cul-de-sac and vehicular Proposed Culvert Improvements in the Simmon's Branch Drainage Basin Page 3 access must be maintained for residential and emergency vehicles. The existing sanitary sewer line is in conflict with the existing storm culverts and needs to be relocated to avoid conflict with the proposed culverts. Best Management Practices Prior to the beginning of any construction activities, the applicant will implement Best Management Practices (BMP's) to minimize erosion and migration of sediments into affected waterways (streams and wetlands) during the construction phase. A detailed Erosion Control Plan will be developed and submitted for review and permitting by the local jurisdiction. It will include appropriate erosion and siltation control devices placed between the construction area and any affected waterway. These devices may include the use of mulches, sediment basins, silt fences, or other devices capable of preventing erosion and migration of sediments. Monitoring of BMP's will take place in accordance with the requirements of the North Carolina NPDES general permit for construction activity to assure that the erosion and sediment control devices are installed properly and maintained in a functioning condition. Compensatory Mitigation Compensatory mitigation for this project is not proposed since the impacts are below mitigation thresholds. O-site mitigative measures include minimization of impacts, use of natural channel design techniques to provide bed and bank stability, native plantings on stream banks, and strict erosion control measures. Riparian and Watershed Buffers Impacts to the riparian buffer will be minimal with only the removal of some small trees along the stream banks and in the vicinity of the culvert upgrade. The riparian buffer has an existing land use of maintained lawn and right-of-way. The culvert upgrade at Lail Court does not result in an increase in impervious surfaces. The trees that are removed will be replaced and the stream banks replanted with appropriate native species. The culvert will cross the road at an angle between 75 and 105 degrees. No riparian buffer mitigation is proposed. Floodplain Encroachment The proposed project will not encroach upon the 100-year floodplain and is not in a flood hazard area. Threatened and Endangered Species Table 1 below lists threatened and endangered species in Wake County. No protected species or suitable habitat was observed in the project area. The proposed project is not likely to adversely affect any protected species. Proposed Culvert Improvements in the Simmon's Branch Drainage Basin Page 4 Table 1. 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