HomeMy WebLinkAbout20081609 Ver 1_Individual_20081112November 4, 2008
DWQ Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Attn: Cyndi Karoli
ENGINEERING DEPARTMENT
E)L9 os-It'bof
Re: NC DWQ 401 Water Quality Certification
Bachelor Branch Interceptor and Pump Station Elimination Project
Dear Ms. Karoli,
Please find five copies of the 401/PCN Water Quality Certification Application
submittal for the Bachelor Branch Interceptor and Pump Station Elimination Project
enclosed. Since the 404 Permit has already been issued, I did not forward another
copy of this permit to the USACE. I have included a copy of the approved
Nationwide 12 Permit, dated June 28, 2008.
If you have any questions, or need any other information concerning this application,
please do not hesitate to contact me directly at 919-469-4335 or by email at
iarrod.buchanan(a)-townofcary.org.
Sincerely,
9"RI
Jarrod A. Buchanan, P.E.
Project Manager
Enclosures
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12 2008
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RAEngineeringDept\PROJECTS (Capital)\Sewer\SW 1095 - Batchelor Branch Int & PS Elim - Jarrod\Permits & Encroachments\DWQ 401\401 Cover Letter.doc
TOWN Of CARY
316 North Academy Street •Cary, NC 27513 -PO Box 8005 -Cary, NC 27512-8005
tel 919-469-4030 - fax 919-460-4935- www.townofcary.org
November 4, 2008
DWQ Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Attn: Cyndi Karoli
ENGINEERING DEPARTMENT
Re: NC DWQ 401 Water Quality Certification
Bachelor Branch Interceptor and Pump Station Elimination Project
Dear Ms. Karoli,
Please find five copies of the 401 /PCN Water Quality Certification Application
submittal for the Bachelor Branch Interceptor and Pump Station Elimination Project
enclosed. Since the 404 Permit has already been issued, I did not forward another
copy of this permit to the USACE. I have included a copy of the approved
Nationwide 12 Permit, dated June 28, 2008.
If you have any questions, or need any other information concerning this application,
please do not hesitate to contact me directly at 919-469-4335 or by email at
Jarrod.buchanan(cD-townofcary.org.
ISincerely,
Jarrod A. Buchanan, P.E.
Project Manager
Enclosures
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NAV 12 2008
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R:\EngineedngOept\PROJECTS (Capital)\Sewer\SW 1095 - Batchelor Branch Int & PS Elim - Jarrod\Permits & EncroachmentskDWO 401\401 Cover Letter.doc
TOWN Of CARY
316 North Academy Street -Cary, NC 27513 -PO Box 8005 -Cary, NC 27512-8005
tel 919-469-4030 - fax 919-460-4935- www.townofcary.org
NC DWQ 401/PCN APPLICATION
FOR
BACHELOR BRANCH INTERCEPTOR &
PUMP STATION ELIMINATION PROJECT
PROJECT NO. SW 1095
OCTOBER 2008
TOWN OF CARY
WAKE COUNTY, NORTH CAROLINA
MAYOR: HAROLD WEINBRECHT, JR.
DEPUTY TOWN CLERK: KAREN GRAY
TOWN MANAGER: BENJAMIN T. SHIVAR
DIRECTOR OF ENGINEERING: TIM BAILEY, P.E.
Office Use Only: Form Version March 08
USACE Action ID No. DWQ No. &Y -!p O $ - 1609
(Itany particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I
I. Processing ollPh 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: NWP12 - Issued
I3. 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 countiesp
on listed 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: ❑ N/A
II. Applicant Information
D
1. Owner/Applicant Information 2 2008
Name: Town of Car - Engineering De artment -,rQQ11W1V MW
' Mailing Address: Attn: Jarrod A. Buchanan P.E. oENR- Nmvo
P.O. Box 8005
Cary, NC 27513-8005
Telephone Number: (919) 469-4335 Fax Number: (919) 388-5806
' E-mail Address: iarrod.buchanan(ii),townofcary.org
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: N/A
Company Affiliation:
' Mailing Address:
' Telephone Number: Fax Number:
E-mail Address:
1
Page 5 of 13
1 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: Bachelor Branch Interceptor & Pump Station Elimination Project— SW 1095
' 2.
T.I.P. Project Number or State Project Number (NCDOT Only): N/A
' 3.
Property Identification Number (Tax PIN): See Attachment 4
4.
Location
'
County: Wake Nearest Town: Cary
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): The site is located in Cary, in n the
'
western portion of Wake County, North Carolina. The installation will begin at a point
approximately 400 feet east of the intersection of Beaver Dam Road (SR1615) and Green
Level West Road (SR 1605). Also, please see the attached Vicinity Map and Site Plan Map.
' S.
Site coordinates (Lat/Long or decimal degrees): See Attachments 6
(Note — If project is linear, such as a road or utility line, attach a sheet that separately lists the
'
coordinates for each crossing of a distinct waterbody.)
6.
Property size (acres): See Attachment 4
' 7.
Name of nearest receiving Y bod of water: Bachelor Branch
' 8.
River Basin: Cape Fear
(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: Land use in the vicinity of the site is mixed. The majority of
'
the adjacent property is undeveloped at this time, with only a handful of residential homes in
the general area. At the northeast end of the site, is the Highcroft residential subdivision At
Page 6 of 13
1
1
1
1
1
1
1
1
1V.
1
1
1
1
1
1
the northwest end of the site, is the Town of Carr's Thomas Brooks Park, with baseball
fields, soccer fields, playgrounds, and parking lots. On the east side of the site, near Station
255+69.86 on Sheet PP4-14, is the new Toscana residential subdivision, which is presently
under construction. The construction site for the Bachelor Branch Interceptor is adjacent to
Bachelor Branch.
10. Describe the overall project in detail, including the type of equipment to be used:
See Attachment 5
11. Explain the purpose of the proposed work: This project is designed to allow the Town of
Cary to meet its Jordan lake water allocation, inter -basin transfer commitments, and to
provide for the abandonment of two waste water pump stations. This project meets Cary's
local waste water management requirements, per its Master Plan.
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. See Attachments 5 7 8 9 10 and 11.
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.
The Town of Cary Parks and Recreation Department has plans to construct a greenway in the
vicinity of the Bachelor Branch Interceptor Project. The construction of thiser�y would be
dependent upon issuance of a 404 Permit.
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.
Page 7 of 13
1. Provide a written description of the proposed impacts: The proposedrg avity sewer mains
will traverse wetlands at 2 (two) locations and perennial or intermittent streams at 8 (eight)
locations. The construction corridor through the wetland areas encompasses approximately
acres. At Stream Crossing #4, the sewer main will be installed using the directional bore
method. At the second "wetland" crossing, the sewer main will be installed in an existingsewer
ewer
easement that was cleared and filled during earlier construction. See Attachment 6. There will
be no new permanent wetland impacts. The majority of the alignment skirts the Town of Cau's
100 -foot self imposed buffers and adjacent wetlands along Bachelor Branch to the extent
practicable. The permanent mowed access corridor in the wetland area at Stream Crossing #4
will be limited to 10 -feet wide, in accordance with DWQ Water Quality Certification #3699.
Cleared wetlands beyond the permanent access corridors will be seeded with annual or native
perennial groundcover and subsequently allowed to revegetate naturally. Following construction
and site restoration, the wetland areas will be similar to their pre -construction condition. Indirect
impacts to wetlands and streams may occur in the service area as new development expands.
This may include both construction and post -construction impacts from land clearing, drainage
improvements, and storm -water run-off. The majority of jurisdictional wetlands in the service
area are along streams where development is strictly regulated under the Town of Cary, state and
federal flood plain rules, state riparian buffer rules, and Sections 401 and 404 of the Clean Water
Act. Headwater seeps and isolated wetlands not subject to these rules are most vulnerable to
clearing and filling for development, but are still afforded protection under North Carolina's
isolated wetland protection rules. Local water quality protection mechanisms administered by
the Town of Cary and Wake County will be fully adhered to.
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
Type of Wetland
Located within
Distance to
Area of
Site Number
Type of Impact
(e.g., forested, marsh,
100 -year
Nearest
Impact
(indicate on map)
Impact
p
herbaceous, bog, etc.)
Floodplain
Stream
(acres)
Before Impact
(linear feet)
(acres)
(yes/no)
(linear feet)
SEE ATTACHMENT 6 — TABLE 1
3. List the total acreage (estimated) of all existing wetlands on the property: N/A, 0.0 acres of
permanent impacts, and 0.75 acres of temporary impacts. 0.65 acres of temporary impacts
occur in previously disturbed area, where there is an existing sewer main.
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 or
Average
Impact
Area of
Number
Stream Name
Type of Impact
Intermittent?
Stream Width
Length
g
Impact
p
(indicate on map)
Before Impact
(linear feet)
(acres)
SEE ATTACHMENT 6 — TABLE 2
Page 8 of 13
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. N/A
Open Water Impact
Name of Waterbody
0.16
Type of Waterbody
Area of
Site Number
(if applicable)
Type of Impact
(lake, pond, estuary, sound, bay,
Impact
(indicate on map)
0.91
Total Stream Impact (linear feet):
ocean, etc.)
(acres)
N/A
Total Open Water Impact (acres)
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres):
TEMPORARY
0.16
Wetland Impact (acres):
TEMPORARY
0.75
Open Water Impact (acres):
0.00
Total Impact to Waters of the U.S. (acres)
TEMPORARY
0.91
Total Stream Impact (linear feet):
TEMPORARY
270
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:
IVII. Impact Justification (Avoidance and Minimization)
Expected pond surface area:
' 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. The proposed alignment
' presents the minimal negative environmental impacts. Trenchless construction techniques will
be employed where applicable, to further reduce environmental impacts. The majority of the
alignment was placed 100 feet from the top of the creek bank. In one area, the sewer main will
t
Page 9 of 13
n
ibe installed in the same corridor as the existing sewer main, decreasing the amount of new
wetland or buffer impacts. In other areas, the alignment was shifted to go completely around
' existing wetland areas. All stream crossings have been designed to bridge the stream at an angle
between 75° and 105° where possible. The line will be installed using boring and jacking
methods at Crossing #4.
' 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.html.
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.
This project has avoided and minimized wetland and stream impacts to the maximum extent
feasible, by means of careful selection of the alignment and use of trenchless technologies.
The Bachelor Branch Interceptor is being constructed in a corridor located 100 feet from the
bank of Bachelor Branch, wherever feasible. The construction corridor will be limited to 40
or 50 feet in width, and will be replanted in native vegetation As part of the overall project
' the Town has acquired and placed approximately 200 acres of land into permanent
conservation easements. This includes establishment of 109 acres of riparian buffer
protecting approximately 10,000 linear feet of White Oak Creek and its tributaries along both
Page 10 of 13
' banks and an additional 1,600 linear feet along one bank. The Total permanent wetland
impacts for the Bachelor Branch Interceptor are 0.0 acres. There is no mitigation requested
' with this phase of the overall proiect.
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 three and provide the following information:
Amount of stream mitigation requested (linear feet): 0.0
Amount of buffer mitigation requested (square feet): 00.
' Amount of Riparian wetland mitigation requested (acres): 0.0
Amount of Non -riparian wetland mitigation requested (acres): 0.0
Amount of Coastal wetland mitigation requested (acres): 0.0
' 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 ❑
' 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 V Yes ❑ No
Page 11 of 13
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. N/A
Zone*
Impact
(square feet)
Multiplier
Required
Mitigation
1
3 (2 for Catawba)
2
1.5
Total
* 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 213.0242 or .0244, or .0260. N/A
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 new impervious acreage is proposed. See
' Attachment 9, which includes a copy of the NCDENR — Land Quality Section approved Erosion
and Sedimentation Control Plan, and copy of the Narrative and Construction Sequence. The
Town of Cary commits to requiring on-site stormwater management measures for any additional
' development, when parcels adjacent to the interceptor are developed. There are no riparian
buffers in this watershed. However, the Town of CM has implemented an Urban Transition
Buffer Ordinance, that requires a 100 -foot buffer on all USGS streams (perennial and
' intermittent) and 50 -foot buffer on all streams mapped on the Wake County Soil Survey the
Cape Fear River Basin.
' 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. No new waste water will be generated with this proiect.
' 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
' Page 12 of 13
tXIV. 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 Attachment 5.
■
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).
■ 11/0 qAZ &J
gFq-
Ap licant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 13 of 13
TOWN OF CARY
�16 N. Academy St. - P.O. Box 8005
Cary, North Carolina 27512-8005
1919) 460-4948 CHECK No- 274487
TOWN' OF A R Y WACHOVIA 66-156'
316 N. Academy St. - P.O. Box 8005 WACHOVIA BANK, N.A. 531 274487
Cary, North Carolina 27512-8005 CARY, NC 27512
(919) 460-4948
PAY TWO THOUSAND AND 00/100 DOLLARS
ITHIS DISBURSEMENT HAS BEEN APPROVED AS REQUIRED BY
TO THE NC DIV OF WATER QUALITY THE GOVERNMENT BUDGET AND FISCAL CONTROL ACT.
'RDER 401/WETLANDS UNIT
F
1650 MAIL SERVICE CENTER
RALEIGH NC 27699
TREASURER
_7
lio 27448711 1.05310 IS 6 0:2079900 L 2066611,
SW 1095 Section 100-1 PCN Application for
DWQ 401 Water Quality Certification
PCN APPLICATION FOR DWQ 401 WATER QUALITY CERTIFICATION
FOR
'
BACHELOR BRANCH INTERCEPTOR AND PUMP STATION ELIMINATION PROJECT
TABLE OF CONTENTS
SECTION 000
COVER SHEET
SECTION 100
TABLE OF CONTENTS
SECTION 200
PCN APPLICATION
'
COPY OF CHECK
ATTACHMENT 1
VICINITY MAP
SITE PLAN MAP
t
STREAM CROSSING LOCATION MAP
ATTACHMENT 2
TOPOGRAPHIC MAP
' ATTACHMENT 3
WAKE COUNTY SOILS MAP
WAKE COUNTY SOILS DESCRIPTIONS
NRCS SOILS MAP —SHEET 45
'
NRCS SOILS MAP — SHEET 55
NRCS SOILS MAP — DIGITAL VERSION — SHEET 45
NRCS SOILS MAP — DIGITAL VERSION — SHEET 55
'
ATTACHMENT 4
PROPERTY OWNERSHIP MAP
PROPERTY OWNERSHIP LIST
' ATTACHMENT 5
PROJECT DESCRIPTION
TABLE 5-1 — SITE AND SUBDIVISION PLANS BY STATUS
ATTACHMENT 6
TABLE 6-1 - WETLANDS IMPACT TABLE
TABLE 6-2 - STREAM IMPACT TABLE
STREAM CROSSING LOCATION MAP
' ATTACHMENT 7
NOTIFICATION OF COMPLETION OF SEPA REVIEW
FINDING OF NO SIGNIFICANT IMPACT (FONSI)
FONSI FIGURE 1.1
'
FONSI FIGURE 2.0
FONSI FIGURE 3.0
FONSI FIGURE 3.1
FONSI FIGURE 3.2
FONSI FIGURE 4.0
'
FONSI FIGURE 4.1
FONSI FIGURE 4.2
ATTACHMENT 8
USACE NATIONWIDE PERMIT NUMBER 12 — REISSUED
'
(SAW 2006-40250-292 & 2006-20411)
WATER QUALITY CERTIFICATION NO. 3699
USACE NATIONWIDE PERMIT NUMBER 12 — ORIGINAL
'
(SAW 2006-40250-292)
WATER QUALITY CERTIFICATION NO. 3625
'
TOWN OF CARY LETTER TO USACE, DATED 07/31/2006
MAP REFERENCED IN 07/31/2006 LETTER
FIGURE 3 — WETLAND, STREAM, & HABITAT IMPACTS MAP
SW 1095 Section 100-1 PCN Application for
DWQ 401 Water Quality Certification
ATTACHMENT 9 WATERSHED CLASSIFICATION ATTACHMENT FORM WSCA 10/99
BACHELOR BRANCH INT. & P.S. ELIM. PROJECT ONLY
WATERSHED CLASSIFICATION MAP —
BACHELOR BRANCH INT. AND P.S. ELIM. PROJECT ONLY
WATERSHED CLASSIFICATION ATTACHMENT FORM WSCA 10/99
WHITE OAK INT. & P.S. ELIM. PROJECT
WATERSHED CLASSIFICATION MAP —
WHITE OAK INTERCEPTOR & P.S. ELIM. PROJECT
NCEEP EMAIL COMMUNICATION — 10/10/2008 — BACHELOR
BRANCH INTERCEPTOR & P.S. ELIMINATION PROJECT ONLY
NCEEP RECEIPT FOR PAYMENT — OVERALL PROJECT
NCEEP INVOICE — OVERALL PROJECT
COPY OF CHECK TO NCEEP FROM TOWN OF CARY — OVERALL
PROJECT
NCEEP IMPACT ACCEPTANCE LETTER — OVERALL PROJECT
FINAL STREAM & WETLAND IMPACT TABLE — OVERALL PROJECT
NCEEP IN LIEU FEE REQUEST FORM — OVERALL PROJECT
MAP OF CONSERVATION EASEMENT AREA
DEED FOR PROPOSED CONSERVATION EASEMENT AREA
PLAT MAP OF CONSERVATION EASEMENT PROPERTY
ATTACHMENT 10 ESC PLAN APPROVAL — BACHELOR BRANCH INTERCEPTOR
BACEHLOR BRANCH INTERECEPTOR PROJECT — ESC PLAN —
NARRATIVE AND CONSTRUCTION SEQUENCE
ESC PLAN APPROVAL — WHITE OAK INTERCEPTOR — REVISED
ESC PLAN APPROVAL — WHITE OAK INTERCEPTOR — ORIGINAL
ESC PLAN APPROVAL — NORTHERN FORCE MAIN
ESC PLAN APPROVAL — WEST CARY PUMP STATION — REVISED
ESC PLAN APPROVAL — WEST CARY PUMP STATION — ORIGINAL
WASETWATER COLLECTION PERMIT NO. WO002922127 —
WHITE OAK INTERCEPTOR — 06/14/2006
WASETWATER COLLECTION PERMIT NO. WQ002922127 —
NORTHERN FORCE MAIN — 02/13/2006
WASETWATER COLLECTION PERMIT NO. WO002922127 —
WEST CARY PUMP STATION — 10/19/2005
WASTEWATER TREATMENT SERVICE AGREEMENT BETWEEN
TOWN OF CARY AND DURHAM COUNTY
ATTACHMENT 11 NC DOT DRIVEWAY PERMIT — ISSUED 10/08/2007
NC DOT ENCROACHMENT AGREEMENT — ISSUED 08/27/2007
SW 1095 Section 100-2 PCN Application for
WQ 401 Water Quality Certification
I
Attachment 1
I Vicinity Map
' Wetland, Stream, and Habitat Impacts Map
' Stream Crossing Location Map
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Attachment 3
Wake County Soils Map
Wake County Soils Descriptions
NRCS Soils Map — Sheet 45
NRCS Soils Map — Sheet 55
NRCS Soils Map — Sheet 45 Digital Version
NRCS Soils Map — Sheet 55 Digital Version
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Wake County Soils List
Wake County Soils by Map Symbols
Map Symbol
Map Unit Name
AfA
Altavista fine sandy loam, 0 to 4 percent slopes
A B
Applin ravelly sandy loam, 2 to 6 percent slopes
A B2
Appling gravellysandy loam, 2 to 6 percent slopes, eroded
A C
Appling gravellysandy loam, 6 to 10 percent slopes
A C2
Appling gravellysandy loam, 6 to 10 percent slopes, eroded
A B
Appling s ndy loam, 2 to 6 percent slopes
A B2
_2Apklinq sandy loam, 2 to 6 percent slopes, eroded
A C
_3pLI!2q _3I!2sandy loam, 6 to 10 percent slopes
A C2
Appling sandy loam, 6 to 10 percent slopes, eroded
A D
Appling sandy loam, 10 to 15 percent slopes
AsB -..Appling
fine sandy loam, 2 to 6 percent slopes
AsB2
Appling fine sandy loam, 2 to 6 percent slopes, eroded
AsC
Appling fine sandy loam, 6 to 10 percent slopes
AsC2
Appling fine sandy loam, 6 to 10 percent slopes, eroded
Au
Augusta fine sandy loam
Bu
Buncombe soils
CeB
Cecil sandy loam, 2 to 6 percent slopes
CeB2
Cecil sandy loam, 2 to 6 percent slopes, eroded
CeC
Cecil sandy loam, 6 to 10 percent slopes
CeC2
Cecil sandy loam, 6 to 10 percent slopes, eroded
CeD
Cecil sandy loam, 10 to 15 percent slopes
CeF
Cecil sandy loam, 15 to 45 percent slopes Pacolet
C B
Cecil wavelly sandy loam, 2 to 6 percent slopes
C B2
Cecil gravelly sandy loam, 2 to 6 percent slopes, eroded
C C
Cecil gravelly sandy loam, 6 to 10 percent slopes
C C2
Cecil wavelly sandy loam, 6 to 10 percent slopes, eroded
CI83
Cecil clay loam, 2 to 6 percent slopes, severely eroded
CIC3
Cecil clay loam, 6 to 10 percent slopes, severely eroded
CIE3
Cecil clay loam, 10 to 20 percent slopes, severely eroded Pacolet
Cm
Chewacla soils
Cn
Colfax sandy loam
Co
Congaree fine sandy loam
Cp
Congaree silt loam
CrB
Creedmoor sandy loam, 2 to 6 percent slopes
CrB2
Creedmoor sandy loam, 2 to 6 percent slopes, eroded
CrC
Creedmoor sandy loam, 6 to 10 percent slopes
CrC2
Creedmoor sandy loam, 6 to 10 percent slopes, eroded
CrE
Creedmoor sandy loam, 10 to 20 percent slopes
CtB
Creedmoor silt loam, 2 to 6 percent slopes
CtC
Creedmoor silt loam, 6 to 10 percent slopes
DuB
Durham loamy sand, 2 to 6 percent slopes
DuB2
Durham loamy sand, 2 to 6 percent slopes, eroded
DuC
Durham loamy sand, 6 to 10 percent slopes
DuC2
Durham loamy sand, 6 to 10 percent slopes, eroded
EnB
Enon fine sandy loam, 2 to 6 percent slopes
EnB2
Enon fine sandy loam, 2 to 6 percent slopes, eroded
EnC
Enon fine sandy loam, 6 to 10 percent slopes
EnC2
Enon fine sandy loam, 6 to 10 percent slopes, eroded
EnD2
Enon fine sandy loam, 10 to 15 percent slopes, eroded
FaB
Faceville sandy loam, 2 to 6 percent slopes
FaB2
Faceville sandy loam, 2 to 6 percent slopes, eroded
GeB
Geor eville silt loam, 2 to 6 percent slopes
GeB2
Geor eville silt loam, 2 to 6 percent slopes, eroded
GeC
Geor eville silt loam, 6 to 10 percent slopes
GeC2
Geor eville silt loam, 6 to 10 percent slopes, eroded
Map Symbol
Map Unit Name
GeD2
Geor eville silt loam, 10 to 15 percent slopes, eroded
Go
Goldsboro sandy loam
GrB
Granville sandy loam, 2 to 6 percent slopes
GrB2
Granville sandy loam, 2 to 6 percent slopes, eroded
GrC
Granville sandy loam, 6 to 10 percent slopes
GrC2
Granville sandy loam, 6 to 10 percent slopes, eroded
GrD
Granville sandy loam, 10 to 15 percent slopes
Gu
Gullied land
HeB
Helena sandy loam, 2 to 6 percent slopes
He62
Helena sandy loam, 2 to 6 percent slopes, eroded
HeC
Helena sandy loam, 6 to 10 percent slopes
HeC2
Helena sandy loam, 6 to 10 percent slopes, eroded
HeD
Helena sandy loam, 10 to 15 percent slopes
HrB
Herndon silt loam, 2 to 6 percent slopes
HrB2
Herndon silt loam, 2 to 6 percent slopes, eroded
HrC
Herndon silt loam, 6 to 10 percent slopes
HrC2
Herndon silt loam, 6 to 10 percent slopes, eroded
HrD2
Herndon silt loam, 10 to 15 percent slopes, eroded
HrE
Herndon silt loam, 15 to 25 percent slopes (Nason
LdB2
Lloyd loam, 2 to 6 percent slopes, eroded
LdC2
Lloyd loam, 6 to 10 percent slopes, eroded
LdD2
Lloyd loam, 10 to 15 percent slopes, eroded
LoB
Louisburg loamy sand, 2 to 6 percent slopes
LoC
Louisburg loamy sand, 6 to 10 percent slopes
LoD
Louisburg loamy sand, 10 to 15 percent slopes
LwB
Louisburg -Wedowee complex, 2 to 6 percent slopes
LwB2
Louisburg- edowee complex, 2 to 6 percent slopes, eroded
LwC
Louisburg -Wedowee complex, 6 to 10 percent slopes
LwC2
Louisburg -Wedowee complex, 6 to 10 percent slopes, eroded
Ly
Lynchburg sandy loam
Ma
Made land Udorthents)
MdB2
Madison sandy loam, 2 to 6 percent slopes, eroded
MdC2
Madison sandy loam, 6 to 10 percent slopes, eroded
MdD2
Madison sandy loam, 10 to 15 percent slopes, eroded
MdE2
Madison sandy loam, 15 to 25 percent slopes, eroded
Me
Mantachie soils
MfB
Ma odan sandy loam, 2 to 6 percent slopes
MfB2
Ma odan sandy loam, 2 to 6 percent slopes, eroded
MfC
Ma odan sandy loam, 6 to 10 percent slopes
MfC2
Ma odan andy loam, 6 to 10 percent slopes, eroded
MfD2
Ma odan sandy loam, 10 to 15 percent slopes, eroded
MfE
Ma odan sandy loam, 15 to 25 percent slopes
M B
Ma odan qravelly sandy loam, 2 to 6 percent slopes
M B2
Ma odan gravelly sandy loam, 2 to 6 percent slopes, eroded
M C
Ma odan ravelly sandy loam, 6 to 10 percent slopes
M C2
Ma odan qravelly sandy loam, 6 to 10 percent slopes, eroded
M S
Ma odan silt loam, thin, 2 to 6 percent slopes(Ca rbonton-Brick haven)
MyB2
Mayodan silt loam, thin, 2 to 6 percent slopes, eroded (Carbonton-
Brickhaven
M C
Ma odan silt loam, thin, 6 to 10 percent slopes Carbonton-Brickhaven
MyC2
Mayodan silt loam, thin, 6 to 10 percent slopes, eroded (Carbonton-
Brickhaven
M D
Ma odan silt loam, thin, 10 to 15 percent slopes Carbonton-Brickhaven
NoA
Norfolk loamy sand, 0 to 2 percent slopes
NoB
Norfolk loamy sand, 2 to 6 percent slopes
NoB2
Norfolk loamy sand, 2 to 6 percent slopes, eroded
NoC
Norfolk loamy sand, 6 to 10 percent slopes
NoC2
Norfolk loamy sand, 6 to 10 percent slopes, eroded
OrB
Orangeburg loamy sand, 2 to 6 percent slopes
OrB2
Orangeburg loamy sand, 2 to 6 percent slopes, eroded
OrC2
Orangeburg loamy sand, 6 to 10 percent slopes, eroded
PkC
Pinkston sandy loam, 0 to 10 percent slopes
PkF
Pinkston sandy loam, 10 to 45 percent slopes
Ps
Plummer sand (Osier)
Map Symbol
Map Unit Name
Ra
Rains fine sandy loam
Ro
Roanoke fine sandy loam
Sw
Swamp
VaB
Vance sandy loam, 2 to 6 percent slopes
VaB2
Vance sandy loam, 2 to 6 percent slopes, eroded
VaC2
Vance sandy loam, 6 to 10 percent slopes, eroded
W
Water
WaA
Wa ram loamy sand, 0 to 2 percent slopes
WaB
Wa ram loamy sand, 2 to 6 percent slopes
WaC
Wa ram loamy sand, 6 to 10 percent slopes
W A
Wagram-Troup sands, 0 to 4 percent slopes
Wh
Wahee fine sandy loam
WkC
Wake soils, 2 to 10 percent slopes
WkE
Wake soils, 10 to 25 percent slopes
WmB
Wedowee sandy loam, 2 to 6 percent slopes
WmB2
Wedowee sandy loam, 2 to 6 percent slopes, eroded
WmC
Wedowee sandy loam, 6 to 10 percent slopes
WmC2
Wedowee sandy loam, 6 to 10 percent slopes, eroded
WmD2
Wedowee sandy loam, 10 to 15 percent slopes, eroded
WmE
Wedowee sandy loam, 15 to 25 percent slopes
Wn
Wehadkee silt loam
Wo
Wehadkee and Bibb soils
WsB
White Store sandy loam, 2 to 6 percent slopes
WsB2
White Store sandy loam, 2 to 6 percent slopes, eroded
WsC
White Store sandy loam, 6 to 10 percent slopes
WsC2
White Store sandy loam, 6 to 10 percent slopes, eroded
WsE
White Store sandy loam, 10 to 20 percent slopes
WtB
White Store silt loam, 2 to 6 percent slopes
WvD3
White Store clay loam, 2 to 15 percent slopes, severely eroded Polkton
WwC
Wilkes soils, 2 to 10 percent slopes
WwE
Wilkes soils, 10 to 20 percent slopes
WwF
Wilkes soils, 20 to 45 percent slopes
WxE
Wilkes stony soils, 15 to 25 percent slopes
wy
Worsham sandy loam
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Attachment 5
Project Description
Prior Project History
Cumulative Impacts Narrative
Table 5-1 — Site and Subdivision Plans by Status
Attachment 5
IBachelor Branch Interceptor and Pump Station Elimination Project
Proiect Descrivtion
The purpose of this project is to install a gravity sewer main, consisting of 6,865 -feet of 30 -inch gravity
' sewer, 478 -feet of 16 -inch gravity sewer, 1,203 -feet of 12 -inch gravity sewer, 88 -feet of 10 -inch gravity
sewer, and 53 -feet of 8 -inch gravity sewer. Approximately 8 acres will be disturbed during the
installation of this gravity sewer line. The site is located in Cary, in the western portion of Wake
County, North Carolina (see Vicinity Map). The installation will begin at a point approximately 400 -
feet east of the intersection of Beaver Dam Road (SR 1615) and Green Level West Road (SR SRI 605).
' There will be approximately 8,700 -feet of sewer main installed with this project. Approximately 600 -
feet of the sewer main will be installed in existing easements, 2,650 -feet will be installed in newly
acquired easements purchased from residents, 420 -feet of the sewer main will be installed in existing or
' proposed NCDOT right-of-way areas, 140 -feet of the sewer will be installed in existing Town of Cary
right-of-way, and 4,880 -feet of the sewer main will be installed on Town of Cary property. All of the
sewer mains installed as part of this project will be ductile iron pipe. An independent contractor will
install the sewer mains using a variety of equipment including a track hoe, end loader, back hoe, dump
truck, and compactor. The trench in which the sewer mains will be placed will be as narrow as possible.
' This project will provide gravity sanitary sewer capability for land in the respective drainage basin. This
project will also allow for the abandonment of the existing Fieldstone Pump Station, which would
require expansion and improvements to remain in service, and will also allow for the abandonment of
' the Thomas Brooks Park Pump Station.
Prior Proiect Histo
The Town of Cary completed a Wastewater Collection System Master Plan in June 2003. This Master
Plan identified the need for the West Cary Pump Station (WCPS) to be located along White Oak Creek
in western Cary, North Carolina. The area was chosen, in conjunction with the locations for the
necessary gravity interceptors. Construction of the WCPS paired with its Northern Force Main and the
White Oak Interceptor (WOI) and the Bachelor Branch Interceptor (BBI) will allow for the
abandonment of the Town's existing Fieldstone Pump Station, . White Oak Creek Pump Station, and
Thomas Brooks Park Pump Station, which are nearing their designed capacities. The WCPS will also
provide additional capacity in the natural drainage basin and give the Town the ability to pump
wastewater to and from other drainage basins.
The Town currently has an Inter -Basin Transfer Certificate (IBT) that allows it to draw potable water
from Jordan Lake in the Cape Fear River Basin and discharge its treated wastewater to the Neuse River
Basin. Because the Town of Cary is nearing the upper limit of its IBT, there is a need to begin
' discharging up to 5-mgd of its treated wastewater back to the Cape Fear Basin as soon as feasible. The
Durham County Triangle Wastewater Treatment Plant (DCTWWTP) discharges to the Cape Fear River
Basin. Through an agreement between the Town of Cary and Durham County, the DCTWWTP will
' receive and treat a portion of wastewater flows from Cary, until a new water reclamation facility with a
Cape Fear River Basin Discharge is constructed.
Attachment 5
Aiding in the Town's efforts to manage wastewater treatment capacity and the inter -basin transfer of
water, the WCPS will initially pump wastewater north to the DCTWWTP, via two other pump stations,
the Morris Branch Pump Station and the Kit Creek Pump Station. Eventually, the WCPS will pump
wastewater south to a new water reclamation facility whose location has yet to be finalized.
The Town has proposed to construct a single pump station, building it in three phases. The first phase
will provide approximately 3-mgd of capacity to pump through the Northern Force Main. Phase 2 will
provide approximately 33-mgd of capacity to pump through a future Southern Force Main, designed for
build -out capacity. Phase 3 will provide approximately 45-mgd of capacity, proposed build -out, also
through the Southern Force Main. The facilities required under Phase 1 have been or will be constructed
as four independent projects as listed below:
• West Cary Pump Station Phase 1
• West Cary Pump Station Northern Force Main - a pipeline to convey wastewater from the
WCPS to the existing Panther Creek Interceptor.
• White Oak Interceptor - a pipeline to convey wastewater by gravity to the WCPS, allowing for
the abandonment of the existing White Oak Creek Pump Station.
• Batchelor Branch Interceptor - a pipeline to convey wastewater by gravity to the WCPS,
allowing for the abandonment of the existing Fieldstone Pump Station and Thomas Brooks Park
Pump Station.
Currently, the first three portions of the overall project, including the West Cary Pump Station — Phase
1, the Northern Force Main, and the White Oak Interceptor, have been completed and are in operation.
The Bachelor Branch Interceptor, which will convey flow to the WOI, is the fourth and final portion of
this overall project.
Given the high demand for developable land in western Wake County and the severe limitations for on-
site wastewater treatment options, coupled with the need to protect water quality in a nutrient -sensitive
reservoir, a centralized wastewater collection and treatment system is the most rational solution that will
accommodate the development types and densities indicated in the Town of Cary's growth management
plan. Because most of the potable water produced at the Cary -Apex Water Treatment Plant is used and
discharged in the Neuse River basin, NC-DENR advised Cary and other western Wake County
communities that future water and wastewater planning must minimize further inter -basin transfer.
The following documents pertaining to the overall project, including the Bachelor Branch Interceptor
and Pump Station Elimination Project have been included in this application:
• Wastewater Collection Permit No. WQ0029217 for the following:
o West Cary Pump Station — Issued October 19, 2005.
o Northern Force Main — Issued February 13, 2006.
o White Oak Interceptor — Issued June 14, 2006.
o Bachelor Branch Interceptor — under review at this time.
USACE Nationwide Permit Number 12 (REISSUED) — SAW 2006-40250-292 also SAW 2006-
20411, issued June 28, 2008.
2
Attachment 5
• USACE Nationwide Permit Number 12 — SAW 2006-40250-292, issued August 3, 2006, for all
of these projects, including the West Cary Pump Station, the Northern Force Main, the White
Oak Interceptor, and the Bachelor' Branch Interceptor.
• Erosion Control Permit — Bachelor Branch Interceptor — Issued October 1, 2008.
• Erosion Control Permit (revised) — White Oak Interceptor & Greenway — Issued January 18,
2007.
• Erosion Control Permit — White Oak Interceptor & Greenway — Issued February 22, 2006.
• Erosion Control Permit — Northern Force Main — Issued December 7, 2005.
• Erosion Control Permit (revised) — West Cary Pump Station — Phase 1 Pump Station — Issued
June 27, 2007.
• Erosion Control Permit — West Cary Pump Station — Phase 1 Pump Station — Issued October 7,
2005.
• Watershed Classification Attachment Form WSCA 10/99 for the Bachelor Branch Interceptor
and Pump Station Elimination Project only.
• Watershed Classification Attachment Form WSCA 10/99 for the White Oak Interceptor and
Pump Station Elimination Project only.
• NCEEP Receipt for Payment for overall project— September 26, 2006.
• NCEEP Invoice for overall project — September 14, 2006
• NCEEP Impact Acceptance Letter for overall project — April 20, 2006
• Finding of No Significant Impact (FONSI) — Issued August 11, 2005.
• A copy of the Wastewater Treatment Service Agreement between Durham County and the Town
of Cary for acceptance of the flow from the Town of Cary wastewater system into the Durham
County Triangle Wastewater Treatment Plant until 2011 has been included.
Cumulative Impacts Narrative
Project Area Sub -basin
The Bachelor Branch Interceptor (BBI) project area is located within the North Carolina Department of
Environment and Natural Resources (NCDENR); Division of Water Quality (DWQ) watershed sub -
basin (03-06-05), of the Cape Fear River Basin. This sub -basin is located in the Triassic Basin region of
the Piedmont Ecoregion. Land use within sub -basin 03-06-05 is primarily forest. However, there are
large urban areas located in the eastern upland areas, including Apex, Cary, Durham and Morrisville.
There are 11 individual NPDES wastewater discharge permits in this sub -basin with a permitted flow of
32.4 MGD. The largest are the Durham County Triangle WWTP (12 MGD) and South Durham WRF
(20 MGD).
The B. Everett Jordan Reservoir (Jordan Reservoir) is the largest waterbody in this sub -basin. In 1983,
all waters in sub -basins 03-06-01 to 03-06-06, including the Jordan Reservoir, received a supplemental
classification of nutrient sensitive water (NSW) to acknowledge that the Jordan Reservoir could have
water quality problems associated with excessive nutrient inputs from both wastewater discharges and
runoff from the various land uses in the watershed.
Surface water from the BBI project area drains via Bachelor Branch into White Oak Creek which drains
directly into the Jordan Reservoir. We are not aware of any benthic or ambient water quality stations on
Bachelor Branch, White Oak Creek, or any of their unnamed tributaries. In -stream habitat degradation
is primarily associated with urban non -point sources. Sub -basin 03-06-05 also contains many easily
C
Attachment 5
erodible soils. Consequently, streams in areas of urban land use are affected by sediment inputs and
have large amounts of coarse sand.
Project Area Development
The Town of Cary has carefully considered future build -out within the Southwest Area growth
management region, where the proposed Bachelor Branch Interceptor is located. Within the vicinity of
the project area, the Town of Cary is currently, or has recently, reviewed a number of site plans. These
site plans are depicted on the figure entitled "Site and Subdivision Plans by Status," and listed in Table
5-1. In addition, to the known site plans, there are several large parcels in the vicinity of the project area
that are relatively undeveloped and could potentially be a location for future growth.
As local populations grow within the sub -basin, there will be increased drinking water demands and
wastewater discharges. While at the same time, there will be a loss of natural areas and an increase in
impervious surfaces associated with possible residential and business construction. All of these factors
have the ability to contribute to adverse impacts to the aquatic resources in the sub -basin.
Aquatic Resources Protection and Buffers
To offset potential impacts to aquatic resources due to increase development, the Town of Cary has
enacted an Urban Transition Buffer Ordinance that requires buffers within the Town's jurisdiction and
extra -territorial jurisdiction (ETJ) (Land Development Ordinance - Chapter 7.2.14). The Urban
Transition Buffer Ordinance exceeds the requirements of the Neuse River Basin NSW rules, by
requiring 100 foot buffers on all USGS streams (perennial & intermittent) and 50 foot buffers on all
streams mapped on the Wake County Soil Survey, including streams in the both the Neuse River and the
Cape Fear River basins. Therefore, all future development within the project area's sub -basin, within
the Town's jurisdiction, will be subject to the Town of Cary's buffer requirements.
A guiding principle in the Southwest Area Plan is to minimize water quality impacts and protect the
overall watershed. By adhering to the Urban Transition Buffer Ordinance, as well as other Federal and
State regulations for the protection of surface waters, the potential for indirect and long-term cumulative
effects should not substantially contribute to water quality and aquatic habitat degradation in the project
area.
4
Table 5.1: Site and Subdivision Plans by Status
Site Plan No. Status Name Develooment TVDe
06 -SP -004
05 -SP -047
Complete
Wake Memorial Park Mausoleum
48.6 acre site with cemetery.
03 -SP -231
03 -SP -058
07 -SP -089
In review
Hi hcroft Village Phase 2
34.7 acre site with 117 lots.
05 -SP -093
Active
Hi hcroft Commons
6.0 acre site with gas station.
04 -SP -158
Complete
Cin ular
6.2 acre site with telecommunications antenna.
97 -SP -269
Complete
Westwood Park Apartments
11.4 acre site with 72 units.
97 -SP -052
Complete
Brook Arbor Apartments
30.1 acre site with 302 units.
96 -SP -286
05 -SB -034
Active
Hi hcroft Village Tract 1 & 2
36.5 acres site with 100 lots.
02 -SP -006
Complete
Sears Farm Park
13.9 acres of park and open space.
03 -SB -011
Active
Hi hcroft Phase 2
39.3 acre site with 126 lots.
07 -SP -006
Complete
Hi hcroft Drive Elementary School
22.3 aces site with school.
02 -SB -006
Complete
Highcroft Phase 1 & 2
74.5 cre sitre with 167 lots.
02 -SP -178
98 -SB -012
Complete
Reserve Subdivision
34.3 acre site with 75 lots.
96 -SB -037
Complete
Reserve Subdivision
35.5 acre site with unknown number of lots.
97 -SB -019
Complete
Reserve Subdivision
41.0 acre site with unknown number of lots.
Town of Cary - USA Baseball -Thomas
03 -SP -230
Complete
Brooks Park Phase 2
208.57 acre recreation and entertainment facility.
06 -SB -006
Active
Hilliard Forest
83.9 acre site with 160 lots.
99 -SP -173
Complete
Town of Ca - Thomas Brooks Park
126.8 acres of park and opens ace.
08 -SB -007
In review
07 -SB -009
Active
Toscana
51.4 acre site with 86 lots.
06 -SB -012
Active
06 -SB -004
Expired
Htcher Tract at Green Level
94.0 acre site with 136 lots.
99 -SB -045
98 -SP -179
Complete
Wellesley Professional Park
10 acre site with several office and commercial
96 -SB -045
buildings.
07 -SP -050
Active
Serving Cup Apartments
1.44 acre site with 6 units.
06 -MU -002
96 -SB -049
Complete
Fieldstone Subdivision
2.0 acre site with 2 lots.
07 -SB -011
Active
Manors at Green level Crossing
51.1 acre site with 78 lots.
05 -SB -023
Active
Harmony Subdivision
138.0 acre site with 300 lots.
06-S P-014
97 -SP -035
97 -SP -222
20.6 acre site with several office and commercial
97 -SP -003
Complete
High House Crossing Shopping Center
buildings, including a gas station , doctor office,
96 -SP -104
dentist office, and grocery store.
96 -SB -038
RAEngineeringDeptTROJECTS (Capltal)tSeweASW1D95- Batchelor Branch Int & PS Elim- JarroMPermlts & EncroachmenrlsOWQ 401Wttachments\Table 5-1
IA Ir I N I tea
BACHELOR BRANCH INTERCEPTOR
SITE & SUBDIVISION PLANS BY STATU
Wake emorial Cingular
Highcroft Villag 04-SP-158Green Hope School Road Park M soleum Phase 2
06 -SP -00 Complete 07-SP-089Complete
0" -047" In review
0 -231 " W
3 -SP -058 " 1 Highcroft Commons O"P-093
Active
' Hilliard Forest \
06SB-006
Active
Ghoo` Road
Gveen
V
I V
Toscana
0"B-007
iIn Review
ui O7
Active ctive
06SB-012
Active
i
i
!I Hatcher Tract at Green Level
06SB-004
Expired
NOT TO SCALE
Town of
Thom. Broc
Town of Cary
Thom. Brooks Park
99SP-173
Complete
Highcroft Ph 2 K
03-SB-011Active
Sears Farm Park
Highcroft Vill.
Highcroft Dr. Elementary 02SP-006 Tract 1 &.2
07SP-00605-SB-64Complete �
Nn of Cary Complete Active
A Baseball -
nm Bks Pk
2
SP -230
mplete
Highcroft Phase 1 & 2
0258-006
C5 02-S -178 eserve Subdivision
Complete 96SB=037
Complete Brook Arbor Apts
Reserve Subdivision �97SP=052
98SBA12
96SP-286
Complete Complete =
W)
U
eserve Subdivisio Z
97SB=019
Complete
Green Level West Rd
Me m at Gr n
Level ossing Ph & 2
07SB-011
Active
Wellesley Prof Park
99SB-045 Complete
98SP-179 "
96SB-045 "
Serving Cup Apts
07SP-050 Active
06 -MU -002 Complete
Fieldstone Subdivision
96SB-049
Complete
est
�eve\� High
Gj�00 House Crossing Shpping
06SP-014 Complete
98SP-162"
97SP-035'
97SP-222 "
97SP-003 "
96SP-104" /
96SB-038" I
Harmony Subi
0"B-0;
Active
Attachment 6
Table 6-1 — Wetlands Impacts Table
Table 6-2 — Stream Impacts Table
Stream Crossing Location Map
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Attachment 7
Notification of Completion of SEPA Review
Finding of No Significant Impact (FONSI)
FONSI Figure 1.1
FONSI Figure 2.0
FONSI Figure 3.0
FONSI Figure 3.1
FONSI Figure 3.2
FONSI Figure 4.0
FONSI Figure 4.1
FONSI Figure 4.2
I � - uc-.: 0)
North Carolina
Department of Administration
;Michael F. Easley, Governor Gw}'nn T. Swinson, Secretary
September 20, 2005
Mr. Alex Marks
NCDENR, Division of Water Quality
Archdale Bldg -INTER -OFFICE
1617 MSC
Raleigh, NC 27616
Re: SCH File # 06-E-4300-0051; EAt'FONSI; Phase 1, Town of Caryrs West Cary
Regional Pump Station
Dear Mr. Marks:
The above referenced environmental impact information has been reviewed through the State
Clearinghouse under the provisions of the North Carolina Environmental Policy Act.
No comments were made by any state/local agencies in the course of this review. Therefore, no
further environmental review action on your part is required for the compliance with the Act.
Sincerely,
Ms. Chrys Baggett
Environmental Policy Act Coordinator
cc: Region J
Mailing Address: Telephone: (919)IV-2425
1301 Mail Service Center Fax (919)133.9511
Raleigh, NC 27699-1301 state Couricr #51-01-00
e-mail Chrys. Boggett@ricmail. net
An Equal Opportunriyv Affirmative Action Employer
Location Address:
116 West Jones Street
Raleigh, North Carolina
FINDING OF NO SIGNIFICANT IMPACT
' ENVIRONMENTAL ASSESSMENT FOR THE TOWN OF CARY'S WEST CARY
REGIONAL PUMP STATION AND FORCE NI MIN
' Pursuant to the requirements of the North Carolina Environmental Policy Act (N.C.G.S. § 113A-
1, et seq.), an environmental assessment (EA) has been prepared for the Town of Cary's
proposed construction of Phase I of the West Cary Regional Pump Station in the Green Level
area seven miles west of downtown Cary, and approximately 38,887 feet of related gravity
sewerlines and force main. The project is proposed as result of growth in the Jordan Lake basin
and will reduce interbasin transfer out of that basin.
The facilities will serve Cary wastewater sub -basis W7 and W8 as illustrated on figures within
the EA and which comprise 6.82 square miles. The capacity of the proposed pump station is
2500 gallons per minute. The sewer line alignments are described and illustrated within the EA.
Three project alternatives were analyzed for the EA including: private on-site collection and
treatment, and taking no action. The preferred alternative was selected as it was determined to
be the best solution to accommodate the development types and' density indicated in Cary's
growth management plan and as indicated above due to interbasin transfer issues. Alternative
site locations for the pump station and various sewer line alignments were also analyzed.
Direct impacts have been avoided and minimized to the extent practical during project planning
and design. The proposed pump station will be on previously disturbed land and the proposed
sewerline has been routed to minimize impacts. Unavoidable permanent direct impacts have
been reduced to 18 acres if forest impact, 2.30 acres of wetland impact, and 18 stream crossings.
Further mitigation may be warranted during the 404/401 permitting process as may be required
by the appropriate permitting agency. A comprehensive plan for mitigating the project's
secondary and cumulative impacts is included within the EA's appendix and describes various
Town of Cary regulations.
Based on the findings of the EA and on the impact avoidance/mitigation measures contained
therein, the Division of Water Quality has concluded that the proposed project will not result in
significant impacts to the environment. This EA and Finding of No Significant Impact are
prerequisites for the issuance of Division of Water Quality permits necessary for the project's
construction. An Environmental Impact Statement will not be prepared for this project. This
FONSI completes the environmental review record, which is available for inspection at the State
Clearinghouse.
North Carolina Department of Environment and Natural Resources
Division of Water Quality
11 August 2005
Figure 1-1
Western Cary Pump Station Service Areas
I r�
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�d
�{! °Q....... ...............
..g
1A9
Kit Creek Pump Station
Branch Regional }
Station
W /
West Cary Regional
LPurnp_io
Station Site Option 2 .
1 { 1 We
West Cary Regional
Pump Station Site Option 3 C
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surd," • cr"I. J
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Wastewater Treatment Plant
W3
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r
CE
W10 A A
--� b1
W11, i
W&
West Cary Regional
etinpa Pump Station Site Option 11
r"
S18
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k Lr
Legend
pSaeh.air R -W"
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- Pump St.*. Sites
►unp Sutton B.nnu Ar.aa
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o ./SI'M 1500 SAO
"W RTP South CWnhugrq Seru" Area
11 upper Crabtree PS S-A. Area (201 }&,Ad -f)
Went Cary RegimW Pump St tb.
West Cary Regbnal Pump Sta*. aha Fame Mab � P W k k y Engiieerirq Repan
Figure 2.
' NC DWQ Surface Water Usage Classifications. Town
of Cary West Regional Pump Station and Sewer Lines.
Town of Cary, Wake County, North Carolina.
' Robert J. Goldstein & Associates, Inc.
ENVIRONMENTAL CONSULTANTS
www.rjgaCarolina.com
S -IV
NSW CA i
I I
u
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/0 WS -IV
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\ Fear Divide \A Classification
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i \A Area County Line
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/
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R
8000 Feet
C
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N
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V
C WS. 1 1
NSW NSW
J �r�
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8 t./ C
`NSW
Figure 3.0 Wetland and Stream Impacts. West
' „-,�-�� r-.- , �;� Cary Regional Pump Station and Sewerlines.
Town of Cary. Wake County, N.C.
Q; A Figure 3.9
Robert J. Goldslein I& Associates, Ine.
ENVIRONMENTAL CONSULTANTS
www.rjgaCarolina.com
;`',' ^,' '��• ' I , _ i t , . ' 't,� i .r�'n }f,' _"}�4 �' Streams
f:
Proposed sewer
,•.. Force main
b:
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' J�, .: �� ��' _ ,;�. i �;fl! 500 0 500 Feet
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ell
Figure 3.-
. . . . . . . . . . -- ----
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'Figure 3.2 Wetland and Stream Impacts. Wes
Cary Regional Pump Station and Sewerlines.
Town of Cary, Wake County, North Carolina.
' Robert J. Goldvehi &- _ v.viyeurtes: hw.
ENVIRONMENTAL CONSULTANTS
'www. rjgaCarolina.corn
wo�
a�
1
' Stream 5
r
I
1
Stream 4
® Wetlands
. Extent of
delineation
v Streams
Cary buffers
100 Feet
50 Feet
Stream 3
Proposed sewer
•'•, .' Force main
/\/Gravity
Property lines
N
80 0 80160 Feet
JV
Figure 4.0 Habitat Impacts. West
Cary Regional Pump Station and Sewerlines.
Town of Cary, Wake County, N.C.
Figure 4.9
RvL�rt J. G'vlrlrtri�rt .f _ �.rrc�rintex, Mr.
l,' i�'f�- '• ! 1, _~I�.`1;'' '` `�' 1 ENVIRONMENTAL CONSULTANTS
www.rjgaCarolina.coi
i`a>; �•.,, i+� �•r� I'll T Ire: ?, '; Streams
I t -`c 1 :� Proposed sewer
L
_�' �t -J� I i �' 4 flu • .*Force main N
�'_' � r� '"r;�`�^�. !:' ,,--?i�j �; "; -�L�• �' ' �', '�'` I�' �+ j'b •A•,Gravity
Figure 4.8 ��� `I_ ,•� rl 1� , r; ' v
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Figure 4.2 Habitat Impacts. West Cary
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Town of Cary, Wake County, N.C.
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Attachment 8
USACE Nationwide Permit Number 12 — Reissued
(SAW 2006-40250-292 and SAW 2006-20411)
Water Quality Certification No. 3699
USACE Nationwide Permit Number 12 — Original
(SAW 2006-40250-292)
Water Quality Certification No. 3625
Town of Cary Letter to USACE, Dated 7/31/2006
Map Referenced in 7/31/2008 Letter to USACE
Figure 3 — Wetland, Stream, and Habitat Impacts Map
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW 2006-40250-292 also 2006-20411 County: Wake USGS Quad: Green Level
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
' Property Owner / Authorized Agent: Town of Cary
Address: Mr. Tim Bailey, P.E., Department of Public Works and Utilities
316 North Academy Street
' Cary, North Carolina 27513
Telephone No.: 919-469-4304
Size and location of property (water body, road name/number, town, etc.): The project site is located alone White Oak
' Creek and Bachelor Branch in the Cape Fear River Basin, between the existing White Oak pump station and the
Proposed West Cary Pump Station, and extendine north on Green Level to Durham Road, near Cary, in Wake
County, North Carolina.
' Description of projects area and activity: The proposed impacts include temporary impacts to 3.99 acres of wetlands,
permanent impacts to 0.29 acres of forested wetlands, and 222 linear feet of temporary stream impacts durinu the
' construction of a sanitary sewer line and pump station. Mitization, at a 2:1 ratio is reuuired for the permanent
impacts to wetlands (see below).
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
' ❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Pennit Number:
Nationwide Permit Number: 12
' Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the
pennittee to a stop work order, a restoration order and/or appropriate legal action.
' This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified,
reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain informed of changes to the N WI's. We will issue a
public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the
date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or
revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. If, prior to the
expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid
until the expiration date identified below, provided it complies with all new and/or modified terms and conditions. The District
Engineer may, at any time, exercise his discretionary authority to modify, suspend, or revoke a case specific activity's authorization
under any NWP.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone (9 19) 733-1786) to determine Section 401 requirements.
' For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAM A).
prior to beginning work you must contact the N.C. Division of Coastal Management .
This Department of the Anny verification does not relieve the pennittee of the responsibility to obtain any other rcquircd Federal,
State or local approvals/permits.
' If there are any questions regarding this verification, any of the conditions of the Pennit, or the Corps of' Engineers regulatory
program, please contact Mr. Jamie Sherri at 919-554-4884 x 31.
' Permit Condition: In order to compensate for impacts to 0.29 -acre of permanent wetlands, the permittee shall make payment to the
North Carolina Ecosystem Enhancement Program (NC EEP) in the amount determined by the NC EEP, sufficient to perform the
restoration of 0.5 -acre riparian wetlands in the Cape Fear River Basin, Cataloging Unit 03030002.
Construction within jurisdictional areas on the property shall begin only after the pennittee has made full payment to the NC I:EP and
provided a copy of the payment documentation to the Corps, and the NC EEP has provided written
' Page 1 of 2
-2 -
confirmation to the Corps that it agrees to accept responsibility for the mitigation work required, in compliance with the MOU
between the North Carolina Department of Environment and Natural Resources and the United States Army Corps of Engineers, ,
Wilmington District, dated November d, 1998.
"Note: Habitat type may be described as found in Schafale and Weakley, Classification ofthe Natural '
Communities of North Carolina, Third Approximation, 1990; or in accordance with Cowardin, et al (1979), Classification of Wetlands
and Deepwater Habitats of the of the United States"
r
Corps Regulatory Official: Jamie Shern
Date: June 28, 2008
Ex�4 ation Date of Verification: June 28, 2010
Page 2 of 2
Water Quality Certification No. 3699
Water Quality Certification Number 3699 is issued in conformity with the requirements of Section
401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina
Division of Water Quality (DWQ) Regulations in 15A NCAC 2H, Section .0500 and 15A NCAC 2B
.0200 for the discharge of fill material to waters and wetland areas as described in 33 CFR 330
Appendix A (B) (12) and Nationwide Permit No. 47 of the Corps of Engineers regulations
including any fill activity for utility line backfill and bedding, and for the Riparian Area Protection
Rules (Buffer Rules) in 15A NCAC 213.0200.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217
if conducted in accordance with the conditions hereinafter set forth.
This General Certification does not authorize any permanent changes in pre -construction
elevation contours in waters or wetlands or stream dimension, pattern or profile.
Activities covered by this General Certification do not require written approval from the Division of
Water Quality (the "Division") as long as they comply with the Conditions listed below. Written
approval is required if the maintenance corridor is greater than 15 feet wide. Gas pipelines
may have a maintenance corridor larger than fifteen feet if mitigation is provided for these
additional wetland fills.
' If any of these Conditions cannot be met, or if the activities are associated with, or in
response to a Notice of Violation or an enforcement action initiated by the Division of
Water Quality or the Division of Land Resources, then written approval from the Division is
' required to use this Certification. Activities that are located within river basins with
Riparian Area Protection Rules (Buffer Rules) require written approval unless listed in the
Table of Uses as "EXEMPT".
' In accordance with North Carolina General Statute Section 143-215.3D(e), any requirement for
written approval for a 401 Water Quality Certification must include the appropriate fee. If a
project also requires a CAMA Permit, then one payment to both agencies shall be submitted and
will be the higher of the two fees.
Conditions of Certification:
1. No Impacts Beyond Thresholds that Qualify for this Certification
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the thresholds established for use of this Certification, including incidental impacts.
All construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality standards, statutes, or rules occur.
2. Standard Erosion and Sediment Control Practices
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:
Water Quality Certification No. 3699
Water Quality Certification No. 3699
a. 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 Sediment and Erosion Control Manual. The
devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil)
projects, including contractor -owned or leased borrow pits associated with the project.
b. 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.
c. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and the
Mining Act of 1971.
d. Sufficient materials required for stabilization and/or repair of erosion control measures
and stormwater routing and treatment shall be on site at all times.
e. If the project occurs in waters or watersheds classified as Primary Nursery Areas
(PNA's), Trout Jr), SA, WS -1, WS -ll, High Quality (HQW), or Outstanding Resource
(ORW) waters, then the sediment and erosion control requirements contained within
Design Standards in Sensitive Watersheds (15A NCAC 04B .0124) supercede all other
sediment and erosion control requirements.
3. No Sediment and Erosion Control Measures in Wetlands or Waters
Sediment and erosion control measures should not be placed in wetlands or waters without
approval by the Division.. If placement of sediment and erosion control devices in wetlands
and waters is unavoidable, design and placement of temporary erosion control measures
shall not be conducted in a manner that may result in dis-equilibrium of wetlands or stream
beds or banks, adjacent to or upstream and down stream of the above structures. All
sediment and erosion control devices shall be removed and the natural grade restored within
two (2) months of the date that the Division of Land Resources or locally delegated program
has released the project.
4. Construction Stormwater Permit NCG010000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of
Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program,
an NPDES General stormwater permit (NCG010000) administered by the Division is
automatically issued to the project. This General Permit allows stormwater to be discharged
during land disturbing construction activities as stipulated by conditions in the permit. If your
project is covered by this permit [applicable to construction projects that disturb one (1) or
more acres], full compliance with permit conditions including the sedimentation control plan,
self-monitoring, record keeping and reporting requirements are required. A copy of this
permit and monitoring report forms may be found at
http://h2o enr state nc us/su/Forms Documents.htm.
5. Construction Moratoriums and Coordination
All moratoriums on construction activities established by the NC Wildlife Resources
Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries
(DMF), or National Marine Fisheries Service (NMFS) to protect trout, anadromous fish,
larval/post-larval fishes and crustaceans, or other aquatic species of concern shall be
implemented.
Work within the twenty-five (25) designated trout counties or identified state or federal
endangered or threatened species habitat shall be coordinated with the appropriate WRC,
USFWS, NMFS, and/or DMF personnel.
Water Quality Certification No. 3699 2
Water Quality Certification No. 3699
6. Work in the Dry
All work in or adjacent to stream waters shall be conducted in a dry work area. Approved
best management practices from the most current version of the NC Sediment and Erosion
Control Manual, or the NC DOT Construction and Maintenance Activities Manual, such as
sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize
excavation in flowing water.
7. Riparian Area Protection (Buffer) Rule
Activities located in the protected 50 -foot wide riparian areas (whether jurisdictional wetlands
or not) within the Neuse, Tar -Pamlico, Catawba, and Randleman (or any other basin with
buffer rules), shall be limited to "uses" identified within and constructed in accordance with
15A NCAC 213 .0233, .0259, .0250 and .0243, and shall be located, designed, constructed,
and maintained to have minimal disturbance to protect water quality to the maximum extent
practicable through the use of best management practices. All buffer rule requirements,
including diffuse flow requirements, must be met.
8. Water Supply Watershed Buffers
The 30 -foot wide vegetative buffer (low-density development) or the 100 -foot wide (high-
density development) must be maintained adjacent to all perennial waters except for
allowances as provided in the Water Supply Watershed Protection Rules [15A NCAC 2B
.0212 through .0215].
9. Any rip rap required for normal pipe burial and stabilization shall be buried such that the
original stream elevation is restored and maintained.
10. Compensatory Mitigation
In accordance with 15A NCAC 2H .0506 (h), compensatory mitigation may be required for
losses of 150 linear feet or more of streams and/or one (1) acre or more of wetlands. For
linear, public transportation projects, impacts equal to or exceeding 150 linear feet per stream
shall require mitigation.
' Compensatory stream mitigation shall be required at a 1:1 ratio for all perennial and
intermittent stream impacts in watersheds classified as ORW, HQW, Trout, WS -1 and WS -11.
' Buffer mitigation may be required for any project with Buffer Rules in effect at the time of
application for buffer impacts resulting from activities classified as "Allowable with Mitigation"
within the "Table of Uses" section of the Buffer Rules or require a variance under the Buffer
Rules.
A determination of buffer, wetland and stream mitigation requirements shall be made by the
Division for any application for this Certification. Design and monitoring protocols shall follow
' the US Army Corps of Engineers Wilmington District Stream Mitigation Guidelines (April
2003), or its subsequent updates. Compensatory mitigation plans shall be submitted for
written Division approval as required in those protocols. Alternatively, the Division will accept
payment into an in -lieu fee program or credit purchase from a mitigation bank.
' Finally, the mitigation plan must be implemented and/or constructed before any permanent
building or structure on site is occupied. In the case of public road projects, the mitigation
plan must be implemented before the road is opened to the public. Proof of payment to an
' in -lieu fee program or mitigation bank must be provided to the Division to satisfy this
requirement.
Water Quality Certification No, 3699
Water Quality Certification No. 3699
11. For all activities requiring re -alignment of streams, a stream relocation plan must be
included for written Division approval. Relocated stream designs should include the '
same dimensions, patterns and profiles as the existing channel (or a stable reference
reach if the existing channel is unstable), to the maximum extent practical. The new
channel should be constructed in the dry and water shall not be turned into the new '
channel until the banks are stabilized. 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 coir fiber and '
seedling establishment is allowable. Rip -rap, A -Jacks, concrete, gabions or other hard
structures may be allowed if it is necessary to maintain the physical integrity of the
stream, but the applicant must provide written justification and any calculations used to
determine the extent of rip -rap coverage. Please note that if the stream relocation is '
conducted as a stream restoration as defined in the US Army Corps of Engineers
Wilmington District, April 2003 Stream Mitigation Guidelines (or its subsequent updates),
the restored length can be used as compensatory mitigation for the impacts resulting from '
the relocation.
12. For sewer lines, the edge of the construction corridor shall not be installed parallel to and
closer than 10 feet to a stream except for the following classifications; 50 feet to waters '
classified as WS (except WS -1 or WS -V), B, SA, ORW, HOW, or SB from normal high
water (or tide elevation) and wetlands; or 100 feet to private or public water supply
sources or waters classified as WS -1 waters or Class I or Class II impounded reservoirs
used as a source of drinking water in accordance with 15A NCAC 02T .0305(f). '
Utility lines shall not cross a stream channel at other than a near -perpendicular direction
(i.e., stream channel crossings shall not be at an angle of less than 75 degrees or more '
than 105 degrees to the stream bank).
13. Any wastewater line that crosses any stream shown on the most recent version of the
1:24,000 USGS topographic map or NRCS (SCS) County Soil Survey as permanent or '
intermittent shall be installed either a) with no joints connected within the footprint of a
stream channel or within two (2) feet of the stream banks in the case of plastic or PVC
pipes or b) with properly bedded and supported ductile iron. Otherwise, written approval
from DWQ is required. '
14. If concrete is used during the construction, then a dry work area should be maintained to
prevent direct contact 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/fish kills.
15. Herbicides can be applied in wetlands or other waters only when applied by a certified '
applicator, and in strict accordance with product labeling.
16. Placement of rip -rap shall be restricted to the stream bottom and banks directly impacted
by the placement of the utility line, Rip -rap shall only be used below the normal high '
water level. The stream berm must be restored to the original contour after construction.
Placement of rip -rap or other materials shall not result in de -stabilization of the stream bed
or banks upstream of downstream of the crossing. '
17. Annual native species suitable for wet locations shall be planted and established within
jurisdictional wetlands for soil and erosion control. Non-native perennials such as fescue
are prohibited. '
1
Water Quality Certification No. 3699 4
Water Quality Certification No. 3699
1
18. A one-time application of fertilizer to re-establish vegetation is allowed, but is restricted to no
' closer than 10 feet (3 meters) of streams. Any fertilizer application must comply with all other
Federal, State and Local regulations.
19. The construction corridor (including access roads and stockpiling of materials) is limited to
40 feet (12.2 meters) in width in wetlands and across stream channels and must be
minimized to the maximum extent practicable.
20. Permanent, maintained access corridors shall be restricted to the minimum width
' practicable and shall not exceed 15 feet in width except at manhole locations. A 15 -foot by
15 -foot perpendicular vehicle turnaround must be spaced at least 500 feet (152.4 meters)
apart.
' 21. An anti -seep collar shall be placed at the downstream (utility line gradient) wetland boundary
and every 150 feet (45.7 meters) up the gradient until the utility exits the wetland for buried
utility lines. Anti -seep collars may be constructed with class B concrete, compacted clay,
' PVC pipe, or metal collars. Wetland crossings that are directionally drilled, and perpendicular
wetland crossings that are open cut and less than 150 feet (45.7 meters) long do not require
anti -seep collars. The compacted clay shall have a specific discharge of 1 X 10- 5 cm/sec or
less. A section and plan view diagram is attached for the anti -seep collars.
' The following specifications shall apply to class B concrete:
' a) Minimum cement content, sacks per cubic yard with rounded course aggregate 5.0
b) Minimum cement content, sacks per cubic yard with angular course aggregate 5.5
c) Maximum water -cement ratio gallons per sack 6.8
d) Slump range 2" to 4"
' e) Minimum strength - 28 day psi 2,500
22. The applicant shall have a specific plan for restoring wetland contours. Any excess material
' will be removed to a high ground disposal area.
23. If an environmental document is required under NEPA or SEPA, then this General
Certification is not valid until a Finding of No Significant Impact (FONSI) or Record of
Decision (ROD) is issued by the State Clearinghouse.
24. In the twenty (20) coastal counties, the appropriate DWQ Regional Office must be contacted
to determine if Coastal Stormwater Regulations will be required. .
25. This General Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State or local approvals.
26. When written authorization is required for use of this certification, upon completion of all
permitted impacts included within the approval and any subsequent modifications, the
applicant shall be required to return the certificate of completion attached to the approval.
' One copy of the certificate shall be sent to the DWQ Central Office in Raleigh at 1650 Mail
Service Center, Raleigh, NC, 27699-1650.
27.When written approval is required, the applicant is required to use the Certificate of
' Completion form attached to the cover letter to notify the Division when all activities
authorized by this General Certification have been completed.
28. This General Certification shall expire three (3) years from the date of issuance of the written
' approval letter or on the same day as the expiration date of the corresponding Nationwide
Permit 12. The conditions in effect on the date of issuance of Certification for a specific
project shall remain in effect for the life of the project, regardless of the expiration date of this
Water Quality Certification No. 3699 `
Water Quality Certification No. 3699
Certification. If the construction process for approved activities will overlap the expiration and
renewal date of the corresponding 404 Permit and the Corps allows for continued use of the
404 Permit, then the General Certification shall also remain in effect without requiring re-
application and re -approval to use this Certification for the specific impacts already approved.
29. The applicant/permittee and their authorized agents shall conduct all 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. If the Division determines that such standards or laws are not being
met, including 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, then the
Division may reevaluate and modify this General Water Quality Certification.
Non-compliance with or violation of the conditions herein set forth by a specific fill project may
result in revocation of this General Certification for the project and may also result in criminal
and/or civil penalties.
The Director of the North Carolina Division of Water Quality may require submission of a formal
application for individual certification for any project in this category of activity, if it is determined
that the project is likely to have a significant adverse effect upon water quality including state or
federally listed endangered or threatened aquatic species or degrade the waters so that existing
uses of the wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a
certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.
Effective date: November 1, 2007
DIVISION OF WATER QUALITY
By
&eenKH. Sullins
Director
History Note: Water Quality Certification Number 3699 replaces Water Quality Certification
Number 2664 issued on January 21, 1992, Water Quality Certification Number 3022 issued on
September 6, 1995, Water Quality Certification (WQC) Number 3101 issued on February 11,
1997, Water Quality Certification Number 3288 issued on June 1, 2000, Water Quality
Certification Number 3374 issued on March 18, 2002, and Water Quality Certification Number
3625 issued on March 19, 2007. This General Certification is rescinded when the Corps of
Engineers reauthorize Nationwide 12 or when deemed appropriate by the Director of the Division
of Water Quality.
Water Quality Certification No. 3699 6
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW 200640250-292 County: Wake USGS Quad: Green Level
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Town of Cary
Address: Mr. Tim Bailey, P.E. Department of Public Works and Utilities
316 North Academy Street
Cary, North Carolina 27513
Telephone No.: 919-469-4304
Size and location of property (water body, road name/number, town, etc.): The project site is located alone White Oak
Creek and Bachelor Branch in the Cape Fear River Basin, between the existing White Oak pump station and the
proposed West Cary Pump Station and extending north on Green Level to Durham Road, near Cary, in Wake
County, North Carolina.
Description of projects area and activity: The proposed impacts include temporary impacts to 3.99 acres of wetlands,
permanent impacts to 0.29 acres of forested wetlands, and 222 linear feet of temporary stream impacts during the
construction of a sanitary sewer line and pump station Mitieation, at a 2:1 ratio is required for the permanent
impacts to wetlands (see below).
' Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 12
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the
permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified,
reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a
public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the
date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or
revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. If, prior to the
expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid
until the expiration date identified below, provided it complies with all new and/or modified terms and conditions. The District
Engineer may, at any time, exercise his discretionary authority to modify, suspend, or revoke a case specific activity's authorization
under any NWP.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone (919) 733-1786) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Mr. Monte Matthews at 919-876-8441 x30.
Permit Condition: In order to compensate for impacts to 0.29 -acre of ermanent wetlands, the permittee shall make payment to the
North Carolina Ecosystem Enhancement Program (NC EEP) in the amount determined by the NC EEP, sufficient to perform the
restoration of 0.5 -acre riparian wetlands in the Cape Fear River Basin, Cataloging Unit 03030 02.
Construction within jurisdictional areas on the property shall begin only after the permittee has made full payment to the NC EEP and
provided a copy of the payment documentation to the Corps, and the NC EEP has provided written
Page 1 of 2
-2 -
confirmation to the Corps that it agrees to accept responsibility for the mitigation work required, in compliance with the MOU
between the North Carolina Department of Environment and Natural Resources and the United States Army Corps of Engineers,
Wilmington District, dated November 4, 1998.
"Note: Habitat type may be described as found in Schafale and Weakley, Classification of the Natural
Communities of North Carolina, Third Approximation, 1990; or in accordance with Cowardin, et al (1979), Classification of Wetlands
and Deepwater Habitats of the of the United States"
Corps Regulatory Official: Monte Matthews ��o ^� I " \� _ Date: Aueust 3, 2006
Expiration Date of Verification: March 18, 2007
�.w
fry n
�til�J r' i !`^,IDIS
Page 2 of 2
' SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC.,
MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Furnished:
' Brown and Caldwell
Attn: Mr. Marshall Taylor
5410 Trinity Road, Suite 320
' Raleigh, NC 27607
WILMINGTON DISTRICT
POST -CONSTRUCTION COMPLIANCE FORM
Permit Number: SAW2006-40250-292
Permit Type: NW12
Name of County: Wake
Name of Permittee: Town of Cary
Date of Issuance: August 3, 2006
Project Manager: Monte Matthews
Upon completion of the activity authorized by this permit and any mitigation required by the
permit, sign this certification and return it to the following address:
U.S. Army Corps of Engineers
Attention: CESAW-RG-R
6508 Falls of the Neuse Road Suite 120
Raleigh, North Carolina 27615
Please note that your permitted activity is subject to a compliance inspection by an U.S. Army
Corps of Engineers representative. If you fail to comply with this permit you are subject to permit
suspension, modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and conditions of the said permit, and required mitigation was completed
in accordance with the permit conditions.
Signature of Permittee
Date
' WQC #3625
UTILITY LINE BACKFILL AND BEDDING CERTIFICATION
' GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE
FOR CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBER 12 OR
' REGIONAL PERMIT 198100049 (UTILITY LINE BACKFILL AND BEDDING)
AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
This General Certification is issued in conformity with the requirements of Section 401,
' Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of
Water Quality (DWQ) Regulations in 15A NCAC 2H, Section .0500 and 15A NCAC 26 .0200 for
the discharge of fill material to waters and wetland areas as described in 33 CFR 330 Appendix A
(B) (12) and General Permit No. 198100049 of the Corps of Engineers regulations (i.e., including
' any fill activity for utility line backfill and bedding) and for the Riparian Area Protection Rules
(Buffer Rules) in 15A NCAC 2B .0200. This certification replaces Water Quality Certification
(WQC) Number 2664 issued on January 21, 1992, Water Quality Certification Number 3022
' issued on September 6, 1995, Water Quality Certification (WQC) Number 3101 issued on
February 11, 1997 and Water Quality Certification Number 3288 issued on June 1, 2000 and
WQC Number 3374 issued March 18, 2002. This WQC is rescinded when the Corps of
Engineers reauthorize Nationwide 12 or Regional Permit 198100049 or when deemed
' appropriate by the Director of the Division of Water Quality.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217
' if conducted in accordance with the conditions hereinafter set forth.
Conditions of Certification:
' 1. Activities covered by this General Certification do not require written concurrence from the
Division of Water Quality as long as they comply with all conditions of this General
Certification and the conditions of Nationwide 12 or Regional Permit 198100049 as
' appropriate. If any condition in this Certification cannot be met, application to and written
concurrence from DWQ are required. Also, Condition No. 6 is applicable to all streams in
basins with riparian area protection rules;
' 2. In accordance with North Carolina General Statute Section 143-215.3D(e), any request
for written concurrence for a 401 Water Quality Certification must include the appropriate
fee. If a project also requires a CAMA Permit, one payment to both agencies shall be
' submitted and will be the higher of the two fees;
3. In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be required for
stream and/or wetland impacts. Streamside buffer mitigation may be required for any
project with Buffer Rules in effect at the time of application for buffer impacts resulting
from activities classified as "allowable with mitigation" within the "Table of Uses" section of
the Buffer Rules or require a variance under the Buffer Rules. A determination of buffer,
wetland and stream mitigation requirements shall be made by DWQ for any Certification
' involving written concurrences including those for relevant Buffer Rules;
4. The edge of the construction corridor shall not be installed parallel to and closer than 10
' feet (3 meters) to a stream and 25 feet in waters classified as HQW. Utility lines shall not
cross a stream channel at other than a near -perpendicular direction (i.e., stream channel
crossings shall not be at an angle of less than 75 degrees or more than 105 degrees to
the stream bank);
' 5. Any wastewater line that crosses any stream shown on the most recent version of the
1:24,000 USGS topographic map or NRCS (SCS) County Soil Survey as permanent or
intermittent shall be installed either a) with no joints connected within the footprint of a
WQC #3625
stream channel or within 2 feet of the stream banks in the case of plastic or PVC pipes or
b) with properly bedded and supported ductile iron. Otherwise, written concurrence from
DWQ is required;
6. Impacts to any stream length in the Neuse, Tar -Pamlico, Randleman and Catawba River
Basins (or any other river basins with Buffer Rules in effect at the time of application)
requires written concurrence from DWQ in accordance with 15A NCAC 2B.0233,.0259,
.0250 and .0243. Activities listed as "exempt' from these rules do not need to apply for
written concurrence under this Certification. New development activities located in the
protected 50 -foot wide riparian areas (whether jurisdictional wetlands or not) within the
Neuse, Tar -Pamlico and Randleman River Basins shall be limited to "uses" identified
within and constructed in accordance with 15A NCAC 2B .0233-0259-0250 .0250 and .0243.
All new development shall be located, designed, constructed, and maintained to have
minimal disturbance to protect water quality to the maximum extent practicable through
the use of best management practices;
7. Measures shall be taken to prevent live or fresh concrete from coming into contact with
waters of the state until the concrete has hardened;
8. Herbicides can be applied in wetlands or other waters only when applied by a certified
applicator, and in strict accordance with product labeling;
9. Placement of rip rap is restricted to the stream bottom and banks directly impacted by the
placement of the utility line. Rip rap may only be used below the normal high water level.
The stream berm must be restored to the original contour after construction. Placement
of rip rap or other materials shall not result in de -stabilization of the stream bed or banks
upstream of downstream of the crossing;
10. That appropriate sediment and erosion control practices which equal or exceed those
outlined in the most recent version of the "North Carolina Sediment and Erosion Control
Planning and Design Manual' or the "North Carolina Surface Mining Manual' whichever is
more appropriate (available from the Division of Land Resources (DLR) in the DENR
Regional or Central Offices) shall be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management
Practices in order to assure compliance with the appropriate turbidity water quality
standard;
11. All sediment and erosion control measures placed in wetlands or waters shall be
removed and the natural grade restored within two months after the Division of Land
Resources has released the project;
12. Annual native species suitable for wet locations shall be planted and established within
jurisdictional wetlands for soil and erosion control. Perennials such as fescue are
prohibited;
13. No fertilizer shall be applied within 10 feet (3 meters) of streams. Any fertilizer application
must comply with all other Federal, State and Local regulations;
14. The construction corridor (including access roads and stockpiling of materials) is limited to
40 feet (12.2 meters) in width in wetlands and across stream channels and must be
minimized to the maximum extent practicable;
15. Permanent, maintained access corridors shall be restricted to the minimum width
practicable and shall not exceed 10 feet (3 meters) in width except at manhole locations.
A 10 feet (3 meters) by 10 feet (3 meters) perpendicular vehicle turnaround must be
' WQC #3625
spaced at least 500 feet (152.4 meters) apart. Written concurrence is required if the
' maintenance corridor is greater than 10 feet (3 meters) wide except that a maintenance
corridor larger than ten feet is acceptable for gas pipelines as long as mitigation is
provided for additional wetland fills to the maintenance corridor beyond those widths
specified in this General Certification;
' 16. An anti -seep collar shall be placed at the downstream (utility line gradient) wetland
boundary and every 150 feet (45.7 meters) up the gradient until the utility exits the
' wetland for buried utility lines. Anti -seep collars may be constructed with class B
concrete, compacted clay, PVC pipe, or metal collars. Wetland crossings that are
directionally drilled, and perpendicular wetland crossings that are open cut and less than
150 feet (45.7 meters) long do not require anti -seep collars. The compacted clay shall
have a specific discharge of 1 X 10- 5 cm/sec or less. A section and plan view diagram is
attached for the anti -seep collars;
The following specifications shall apply to class B concrete:
a) Minimum cement content, sacks per cubic yard with rounded course aggregate 5.0
b) Minimum cement content, sacks per cubic yard with angular course aggregate 5.5
' c) Maximum water -cement ratio gallons per sack 6.8
d) Slump range 2" to 4"
e) Minimum strength - 28 day psi 2,500
' 17. This General Certification does not authorize any permanent changes in pre -construction
elevation contours in waters or wetlands or stream dimension, pattern or profile. The
permittee will have a specific plan for restoring wetland contours. Any excess material
will be removed to a high ground disposal area;
' 18. If an environmental document is required, this Certification is not valid until a Finding of
No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State
' Clearinghouse;
19. Stormwater management will not be required for this Certification as long as all other
Conditions are met. However, in the twenty coastal counties, the appropriate DWQ
' Regional Office must be contacted to determine if Coastal Stormwater Regulations still
apply;
' 20. Compensatory mitigation (i.e., restoration, creation or preservation) for wetland losses will
not be required for this Certification if written concurrence is not needed;
21. Payment of a dollar per acre figure into the Wetland Restoration Program for these
' impacts is acceptable when compensatory mitigation is required as long as the Wetlands
Restoration Program agrees in writing to accept this payment. Other mitigation plans
must receive written DWQ concurrence;
t 22. This Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State or local approvals;
23. Additional site-specific conditions may be added to projects for which written concurrence
' is required or requested under this Certification in order to ensure compliance with all
applicable water quality and effluent standards;
' 24. Concurrence from DWQ that this Certification applies to an individual project shall expire
three years from the date of the cover letter from DWQ or on the same day as the
expiration date of the corresponding Nationwide Permit 12 or Regional Permit 198100049
whichever is sooner;
WQC #3625
25. When written concurrence is required, the applicant is required to use the most recent
version of the Certification of Completion form to notify DWQ when all work included in the
401 Certification has been completed.
Non-compliance with or violation of the conditions herein set forth by a specific fill project
may result in revocation of this Certification for the project and may also result in criminal and/or
civil penalties.
The Director of the North Carolina Division of Water Quality may require submission of a
formal application for individual certification for any project in this category of activity that requires
written concurrence under this certification, if it is determined that the project is likely to have a
significant adverse effect upon water quality or degrade the waters so that existing uses of the
wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a
certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.
WQC # 3625
4
Effective date: 19 March 2007
DIVISION OF WATER QUALITY
By
Alan W. Klimek, P.E.
Director
1
1
July 31, 2006
Ms. Jean Manuele
Raleigh Regulatory Field Chief
US Army Corp of Engineers
6508 Falls of the Neuse Road, Suite 120
Raleigh, NC 27615
ENGINEERING DEPARTMENT
Subject: White Oak Interceptor and West Cary Force Main
Dear Ms. Manuele:
' Thank you for meeting to discuss the remaining issues concerning the issuance of an
NW12 permit for the White Oak Creek Interceptor and West Cary Force Main. Per our
discussions the Town of Cary provides the following assurances:
' 1. As a condition of the applied for NW12 permit, we will design the Bachelor
Branch Interceptor such that the total permanent wetland impacts of the White
' Oak Interceptor, West Cary Force Main, and Bachelor Branch Interceptor do not
exceed one-half acre. The permanent wetland impacts of the White Oak
Interceptor and West Cary Force Main, as documented in our NW12 permit
' application, total 0.21 acres.
2. We will be pleased to work with your office to examine the impacts of future
development plans that may tie to the White Oak or Bachelor Branch
' Interceptors. If Town of Cary development requirements are shown to cause
otherwise avoidable impacts, and if those requirements could be waived without
creating public health, safety, and welfare concerns, then we will give due
' consideration to either changing or waiving those requirements.
3. You have offered to help the Town become more aware of how to avoid and
minimize development impacts to jurisdictional waters. We welcome your input
' on the Town's ordinances, plans, and development requirements that could have
unnecessary adverse impacts. As your and our staff resources allow, we will
jointly examine these issues in order to improve upon our cooperation in meeting
' your objectives and ours.
Thank you for the opportunity to provide this additional information and assurances. We
understand that you will issue the requested NW12 permit at the earliest feasible time
1
' TOWN Of CARY
316 North Academy Street • Cary, NC 27513 • PO Box 8005 • Cary, NC 27512-8005
tel 919-469-4030 a fax 919-460-4935• www.townofcary.org
and further understand that we should resubmit our White Oak Greenway application
under NW14. We look forward to working closely with you on our subsequent projects.
Sincerely,
Tim Bailey, P.E.
Director of Engineering
Town of Cary
cc: Steve Brown, Town of Cary
Marshall Taylor, Brown and Caldwell
, 'i
Attachment 9
Watershed Classification Attachment Form WSCA 10/99
Bachelor Branch Interceptor & Pump Station Elimination Project Only
Watershed Classification Map
Bachelor Branch Interceptor & Pump Station Elimination Project Only
Watershed Classification Attachment Form WSCA 10/99
White Oak Interceptor & Pump Station Elimination Project
Watershed Classification Map
White Oak Interceptor & Pump Station Elimination Project
NCEEP Email Communication — 10/10/2008
Bachelor Branch Interceptor & Pump Station Elimination Project Only
NCEEP Receipt for Payment — Overall Project
NCEEP Invoice -- Overall Project
Copy of Check to NCEEP from Town of Cary — Overall Project
NCEEP Impact Acceptance Letter — Overall Project
Final Stream and Wetland Impact Table — Overall Project
NCEEP In Lieu Fee Request Form — Overall Project
Map of Conservation Easement Area
Deed for Conservation Easement Area
Plat Map of Conservation Easement Property
' 05/09/2007 10:14 9197887159 NCDWORRO PAGE 02/02
State of North Carolina ._ 21:`
Department of Environment and Natural Resources' -
Division of Water Quality
' WATERSHED CLASSIFICATION ATTACHMENT
Any changes made to this form will result in the application being returned.
' (THIS FORI?MAYBE PHOTOCOPIED FOR USE AS AN ORIGINAL)
INSTRUCTIONS:
t To determine the classification of the watcrshed(s) in which the subject project will be located, you are required to
submit this form, with Items 1 through 8 completed, to the appropriate Division of Water Quality Regional Office
Water Quality Supervisor (see Page 2 of 2) prior to submittal of the application for review. At a minimum, you must
include an 8.5" by I V copy of the portion of a 7.5 -minute USGS Topographic Map that shows the surface waters
immediately downslope of the project. You must identify the location of the project and the closest downslope
surface waters (waters for which you are requesting the classification) on the submitted map copy. If the facility is
located in the Neuse River Basin, also include a copy of the soil survey map for the project location. The
' corresponding non -discharge application may not be submitted until this form is completed by the appropriate
regional office and included with the submittal.
1. Applicant's name (name of the municipality, corporation, individual, etc): _ Town of Cary
t2. Name and complete address of applicant: Jarrod A, Buchanan_ Town of Cary, P.O. Box 8005
' City: Cary State: NC ,Zip: 27512-8005
Telephone number: (219)- 4694335. Facsimile number: ( 919) 460-4935_
' 3. Project naruc (name of the subdivision, facility or cstablisivnent, etc.): Bachelor.l3ranch intin ercentor
4. County where project is located: Wake
' 5. Name(s) of closest surface waters: Bachelor. Branch, Whitc Oak Creek
6. River basin(s) in which the project is located: Cape Fear .
' 7. Topographic map name and date: USES Quack, Green Level and Cary
8. North Carolina Professional Engineer's seal, signature, and date-
so
ate sob 40 t
erlan�'
TO: REGIONAL OFFICE WATER QUALITY SUPERVISOR A.
Please provide me with the classification(s) of the surface waters, watershed(s), and�11�tr�iver basin(s) where
' these activities will occur, as identified on the attached map segment:
Names) of surface waters and river basin(s): Cape Fear Basin: Bachelor Branch -White Oak Creek
' Classification(s) (as established by the EMC): WS_- NSW; C; NSW
Proposed classification(s), if applicable:
River basin buffer rules, if applicable:
^. _..
Signature of regional office personnel: Jtx I q�it(ArjtDate:
;1
FORM: WSCA 1.0/99 �J Page l of 2
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u,
State of North Carolina
Department of Environment and Natural Resources
Division of 'W'ater Quality �. tGH REG1GNa1 Off'!
WATERSHED CLASSIFICATION ATTACHMENT`
Any changes made to this form will result in the application being rein e8.
(THIS FORM MAYBE PHOTOCOPIED FOR USE AS AN ORIGINAL)
INSTRUCTIONS:
To determine the classification of the watersheds) in which the subject project will be located, you are required to
submit this form, with Items 1 through 8 completed, to the appropriate Division of Water Quality Regional Office
Water Quality Supervisor (see Page 2 of 2) prior to submittal of the application for review. At a minimum, you must
include an 8.5" by 11" copy of the portion of a 7.5 -minute USGS Topographic Map that shows the surface waters
immediately downslope of the project. You must identify the location of the project and the closest downslope
surface waters (waters for which you are requesting the classification) on the submitted map copy. If the facility is
located in the Neuse River Basin, also include a copy of the soil survey map for the project location. The
corresponding non -discharge application may not be submitted until this form is completed by the appropriate
regional office and included with the submittal.
1. Applicant's name (natne of the municipality, corporation, individual, etc.): Town of Ca
2. Name and complete address of applicant: Glen Harrell. Town of Cary, P.O. Box 8005
City: Cary State: NC Zip: 27512-8005
Telephone number: ( 9) 9 ) 4604933 Facsimile number;( 919) 460-4935
3. Project name (name of the subdivision, facility or establishment, etc.): White Oak Creek Interceptor
4. County where project is located: Wake
5. Names) of closest surface waters: White Oak Creek Bachelor Branch -
6. River basins) in which the project is located: Cave Fear _
7. Topographic map name and date:
8. North Carolina Professional Engineer's seal, signature, and date:
X� 41we
TO: REGIONAL OFFICE WATER QUALITY SUPERVISOR
it
QEAL
025831 -
v
°,l,
ti
LEN NA.��•
n1i a
Please provide me with the classifrcation(s) of the surface waters, watershed(s), 0d a ropriate river basin(s) where
these activities will occur, as identified on the attached map segment:
Names) of surface waters and river basin(s): C%je Fear Basin,• Bachelor Bra ch UT to White Oak Creek
Classification(s) (as established by the EMC): q WS -IV: NSW
Proposed cWsification(s), if applicable: t , I Ct
River basin buffer rules, if applicable: a
Signature of regional office Personnel nA 04cA�Date-. (D
0 0 -
FORM: WSCA 10/99 Page 1 of 2
3
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�-11--1 \..�� �_,s• J' 1 J t � ���
' "Kelly.Williams@ncmail.net" To <Jarrod.Buchanan@TownofCary.org>
r <Kelly.Williams@ncmail.net>
cc <Mike.Babuin@TownofCary.org>,
10/10/2008 03:53 PM <James.F.Shern@saw02.usace.army.mil>
' Please respond to bcc
"Kelly.Williams@ncmail.net"
<Kelly.Williams@ncmail.net> Subject Re: Bachelor Branch Interceptor Project - Town of Cary
' History: �P This message has been replied to.
' Jarrod:
EEP provides mitigation for applicants whose COE, DCM or DWQ permits
require mitigation. If your 401 or 404 permit does not have a wetland,
buffer or stream mitigation requirement, then there is no need to send
' us your permit or submit a request to us. We are not a regulatory
agency. We are simply a third party mitigation option so if you do not
have a mitigation requirement, then we would not need a permit from
you.
Kelly
Tim Bailey
Department of Public Works
Town of Cary
P.O. Box 8005
Cary, NC 27512-8005
Project:
County:
DWQ #:
USACE Action ID:
EEP No.
Amount Paid:
Check Number:
0L%/111
"emeht
PROGRAM
RECEIPT
September 27, 2006
White Oak Interceptor & Pump Station
Wake
N/A
2006 40250 292
ILF-2006-4411
$13,923.50
270912
266
EKI,G:IN'EERING DE Mr.
The North Carolina Ecosystem Enhancement Program (NCEEP) has received checks as indicated above as payment for the
compensatory mitigation requirements of the 401 Water Quality Certification/Section 404 Permit issued for the above
referenced project. This receipt serves as notification that the compensatory mitigation requirements for this project have
been satisfied. You must also comply with all other conditions of this certification and any other state, federal or local
government permits or authorization associated with this activity.
The NCEEP, by acceptance of this payment, acknowledges that the NCEEP is responsible for the compensatory mitigation
requirements associated with the project permit and agrees to provide the compensatory mitigation as specified in the permit.
The mitigation will be performed in accordance with the Memorandum of Understanding between the NC Department of
Environment and Natural Resources and the US Army Corps of Engineers dated November 4, 1998, as indicated below.
River Basin
Wetland Credits
Stream Credits
Buffer I
Buffer II
CU
(Sq. Ft.)
(Sq. Ft.)
Riparian
Non -Riparian
Coastal Marsh
Cold Cool
Warm
Cape Fear
03030002
0.50
0
0
0 0
0
0
0
Please note that a payment made to the Ecosystem Enhancement Program is not reimbursable unless a request for
reimbursement is received within 12 months of the date of the receipt. Any such request must also be accompanied by letters
from the permitting agencies stating that the permit and/or authorization have been rescinded. If you have any questions or
need additional information, please contact David Robinson at (919) 715-2228.
Sincerely,
William . Gilmore, PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Monte Matthews, USACE-Raleigh
Eric Kulz, DWQ-Raleigh
File
R.estoY... ... n�otectu� Our state
e�
RUMAR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-16521919-715-0476 /www.nceep.net
PROGRAM
INVOICE
September
September 14, 2006 `fi :r' r' •'r N�
' Tim Bailey `� i �Flr'S�
Dept of Public Works
Town of Cary
316 N Academy St
' Cary, NC 27513
Project: White Oak Interceptor & Pump Station
' County: Wake
DWQ No: n/a
USACE ID: 200640250-292
' EEP No: ILF-20064411
You have elected to satisfy the compensatory mitigation requirements of the Section 401/404 permit issued for the above reference
project through payment of a fee to the North Carolina Ecosystem Enhancement Program (NCEEP). In accordance with 15A NCAC
' 2H.0500, the amount you owe is based upon the 2005-06 Fee Schedule and has been calculated as follows (Please note: payment of
wetlands is calculated in increments of 0.25 acres). If you have any questions concerning this payment, please call David Robinson at
919-715-2228.
' Riparian Wetlands 0.5 acres x $ 27,847.00 _ $ 13,923.50
Non -Riparian Wetlands 0 acres x $ 13,924.00 $
Saltwater Wetland 0 acres x $139,235.00 — $
' Stream 0 linear ft x $ 232.00 $
Buffer — Zone 1 & 2 0 sq ft x $ .96 $
TOTAL AMOUNT DUE $13,923.50
Please mail a check payable to NCEEP for the Total Amount Due to the address below, and enclose a copy of this invoice.
NCDENR Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, NC 27699-1652
Please note that a payment made to NCEEP is not reimbursable unless a request for reimbursement is received within 12 months of
the date of the receipt. Any such request must be accompanied by letters from the permitting agencies stating that the permit and/or
authorization have been rescinded. If the payment check's account name is not the same as the permit holder's name, please include a
signed statement that the check is being, written on behalf of, and with full knowledge of, the permit holder.
YOU MUST BE IN POSSESSION OF THE PAYMENT RECEIPT FROM NCEEP PRIOR TO COMMENCING THE
ACTIVITIES AUTHORIZED BY THE DEPARTMENT OF ARMY 404 PERMIT AND/OR THE 401 WATER QUALITY
CERTIFICATION.
cc: Cyndi Karoly, Wetlands/401 Unit
Monte Matthews, USACE-Raleigh
Eric Kulz, DWQ-Raleigh
File
Restoring... F ... Pro" Our Sta g
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
' 316 N. Academy St. - P.O. Box 8005
Cary, North Carolina 27512-8005
(919) 469-4049
PO VOUCHER INVOICE
'09/20/2OC6 169600 PI5876 ILF-2006-4411
DESCRIPTION
MISC SERVICES
NCDENR ECOSYSTEM ENHANCEMENT 627698
CHECK N0. 270912
1 13,923.5
$****13,923.5(
111 2709 1 2110 1:053 10 L 56 0: 2079900 L 20666,10
try o tem �� 4
1 E r, 111cal
PROGRAM6. OF !.
' April 20, 2006
' Tim Bailey
Town of Cary
P 0 Box 8005
Cary, NC 27512-8005
' Project: White Oak Interceptor and Pump Station County: Wake
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) is willing to accept
payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will
be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these
agencies to determine if payment to the NC EEP will be approved.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404 Permit/401
Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the
404/401/CAMA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401 Certification an invoice will be
issued and payment must be made.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following
table.
River Basin
Wetlands
Stream
Buffer
Buffer
Cataloging Unit
(Acres)
(Linear Feet)
Zone 1
Zone 2
(Sq. Ft.)
(Sq. Ft.)
Riparian
Non-Ri azian
Coastal Marsh
Cold
Cool Warm
Cape Fear
0.29
0
0
0
0 0
0
0
03030002
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts up to a 2:1
ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the compensatory mitigation will be as
specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or CAMA Permit. The mitigation will be performed
in accordance with the Memorandum of Understanding between the N. C. Department of Environment and Natural Resources and the
U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Chris Mankoff at (919) 716-1921.
ncerely,
�. cclf
liam D. Gilmore, PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Monte Matthews, USACE - Raleigh
Eric Kulz, DWQ Regional Office - Raleigh
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NORTH CAROLINA ECOSYSTEM ENHANCEMENT PROGRAM, NCEEP
IN LIEU FEE REQUEST FORM
Revised 1/19/06
Print this form, fill in required information, sign and date, and either mail to NCEEP, 1652 Mail Service Center,
Raleigh, NC 27699-1652, or fax to 919-715-2219. Attachments are acceptable for clarification purposes.
1 1. Name of Applicant or Agent
Tim Bailey, Director of Engineering
2. Name of Business of Applicant or Agent
Town of Cary
3. Mailing Address (Street or PO Box)
P.O. Box 8005 _
4. City, State, Zip----_^-------------
-Cary,_ NC _..-27512-800.5___._.__...___.__..._.__.____.____....__-..._..__
5. Telephone (eg, 919-555-1212)
9I9-469-4034
6. Fax (optional)
919-460-4935
7.E -mail (optional)
tim.bailey@twonofcary.org
8. Project Name
White Oak Interceptor & Pump St. Elim.
9. Project Location (nearest town, city)
Cary, NC
10. La -Long Coordinates (optional)
N 35d 46' 38" W 78d 53' 30"
----- _ _..__...._.._._.__.._....._............._.......
11. Project County
_....._-__
Wake
12. River Basin
Cape Fear
13. Cataloging Unit (8 -digit)
03020201
-
14. Riparian Wetland Impact (ac.) (e.g., 0.13)
0.29
15. Non -Riparian Wetland Impact (ac.)
N/A
16 Coastal Marsh Impact (ac.)
N/A
117. Stream Impacts -Cold (ft.) (e.g. 1,234)
N/A
-._.._._.__._...._.._..-------- ------ - -- ---- ..
18. Stream Impact -Cool (ft.)
N/A
19. Stream Impact -Warm (ft.)
S7
20. Buffer Impact -Zone 1 (sq. ft.) (e.g. 12,345)
i N/A
i
21. Buffer Impact -Zone 2 (sq. ft.)
N/A
I Check ()below if this request is a:
Signature of Applic or Ag
i
_ revision to a current acceptance, or
re -submission of an expired acceptance
4/17/2006
Date:
Buffer mitigation applicable only in the Neuse, Tar -Pamlico and Catawba river basins, and the Randleman Lake
Water Supply Watershed.
For help in determining the Cataloging Unit, go to EPS's "Surf Your Watershed" web page:
htti)://cfpub.oi)a.gov/surf/locate/index.cfm
Direct all questions to David Robinson at 919-715-2228 or david.robinson@ncmail.net
0
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�K011447PG02321
WAKE COUNTY, HC 357
LAURA N RIDDICK
REGISTER OF DEEDS
PRESENTED 8 RECORDED ON
87/01/2885 AT 11:07:17
STATE OF NORTH CAROLINA
REAL ESTATE EXCISE TAX: $458
BOOK:011447 PAGE:02321 — 02323
NORTH CAROLINA GENERAL WARRANTY DEED
Excise Tax: $458.00
Parcel Identifier No. out of 80172 Verified by County on the day of , 2005
By:
Mail after recording to: Hold for Weatherspoon & Voltz LLP (Box 36)
This instrument was prepared by: William H. Weatherspoon, Jr.
Brief description for the Index: 22.911 acres; Green Level West Road, Cary, Wake County. NC
THIS DEED is made this day o f4ard, 2005, by and between:
GRANTOR
DAVID L. YATES and wife, BARBARA M. YATES;
GAYLE Y, REID, unmarried; and
SUSAN Y. MILLS and husband, WAYNE C. MILLS
GRANTEE
THE TOWN OF CARY,
a North Carolina municipal corporation
P.O. Box 8005
Cary, NC 27512-8005
Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.g. corporation or partnership.
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include
singular, plural, masculine, feminine or neuter as required by context.
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged,
has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land
situated in White Oak Township, Wake County, North Carolina and more particularly described as follows:
BEING all of Lot "A," containing 22.911 acres, as shown on that plat entitled "Exempt Subdivision Plat of William
L. Yates, Heirs Property For The Town of Cary", prepared by Dewberry & Davis, Inc. and recorded in Book of
Maps 2005, Page_(' ' ___, Wake County Register of Deeds.
The property hereinabove described was acquired by Grantor by Testamentary devise as indicated in Estate File Number 97-E-39,
Wake County Clerk of Superior Court,
A map showing the above described property is recorded in Book of Maps 2005, Page /3/4 ,
NC ON Asiociabon Fwn No. 391970, RV#tWd ®1977, 2902
Prndod by AFewnanl with the NC Bar Assodat an —1981
�K011447PGO2323
LiMOK:e11447 PAGE:02321 — 02323)
Yellow probate sheet is a vital part of your recorded document.
Please retain with original document and submit for rerecording.
Wake County Register of Deeds
`lV1E Laura M. Riddick
COUNTY Register of Deeds
roam uKouHA
North Carolina — Wake County
The foregoing certificate- of M L4 U L _S
VA 1 sty. G tel.
Notary(ies) Public is (are) certified to be correct. This instrument
and this certificate are duly registered at the date and time and in the book and
page shown on the first page hereof.
This Customer Group
# of Tune Stamps Needed
Laura M. Riddick, Register of Deeds
By: 0 `AU,)9Cz4,-
Assistant/Deputy Register of Deeds
This Document
New Time Stamp
# of Pages
22.004-7/11103
BK011447PGO2322
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the
Grantee in fee simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same
in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title
against the lawful claims of all persons whomsoever, other than the following exceptions: 2005 ad valorem taxes, easements,
restrictions and rights-of-way of record affecting the subject property.
IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written.
(�,)fu
L—F. 11a4- Q per/ (SEAL) (SEAL)
n
a M. Yates
(SEAL)
Wayne C. Mill
State of North Carolina— County of w a:Fe.
I, the undersigned Notary Public of the County and State aforesaid, certify that David L. Yates and wife, Barbara M.
Yates, personally appeared before me this day and acknowledged the due execution of the foregoing instrument Jilq-e purpose
therein expressed. Witness my hand and Notarial stamp or seal this l day of `.y S. HF9 i
Notary Public
My Commission Expires: /Z-10 - 2-0(19
Irk
State of—.;". --- County of l.q i CA -LXX !l
v�F C+OU ,' %���` ■
I, the undersigned Notary Public of the County and State aforesaid, certify that Susan Y. Mills and husbfany, Wayne C.
Mills, personall appeared before me this day and ac" edged the due execution of the foregoing instrument for the prtrp4se '
therein expres Witness my hand an tarisi s or this day of �,-gyp L, 2005. ,.•••
of ry tic W -i r
My Commis ' n Expires: Y1Q� 3D to)C09
State of North Carolina — Countyof Wo -Le -
1, the undersigned Notary Public of the County and State aforesaid, certify that Gayle Y. Reid, unmarried, personally '
appeared before me this day and acknowledged the due execution of the foregoing instrument for the purpose therein expressed.
Witness my hand and Notarial stamp or seal this l e day of 2005.
S.ik�R��'�.
Notary Public I
•r
My Commission Expires: 17-/0- ,2ao,�
The foregoing Certificate(s) of
(�,��
Foto be
correct. This instrument and this certificate are duly registered at the date and time and in the Book 14ii on the first
page hereof.
By:
NC Bar Association Form No 3 ®1978, Revised ®1877, 2002
Printed by AWasinant with Uro NC Bar Association —1981
Register of Deeds for County
Deputy/Assistant - Register of Deeds
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Attachment 10
ESC Plan Approval — Bachelor Branch Interceptor
Bachelor Branch Interceptor Project — ESC Plan Narrative
and Construction Sequence
ESC Plan Approval — White Oak Interceptor — Revised
ESC Plan Approval — White Oak Interceptor — Original
ESC Plan Approval — Northern Force Main
ESC Plan Approval — West Cary Pump Station — Revised
ESC Plan Approval — West Cary Pump Station — Original
Wastewater Collection Permit No. WQ002922127
White Oak Interceptor
Wastewater Collection Permit No. WQ002922127
Northern Force Main
Wastewater Collection Permit No. WQ002922127
West Cary Pump Station
Wastewater Treatment Service Agreement between
Town of Cary and Durham County
NCDENR
North Carolina Department of Environment and Natural
Division of Land Resources
Land Quality Section
James D. Simons, PG, PE Michael F. Easley, Governor
Director and State Geologist William G. Ross, Jr., Secretary
' October 01, 2008
LETTER OF APPROVAL
RE: Project Name: Bachelor Branch Interceptor and Pump Station Elimination Pro
' Project ID: WAKE -2009-017 Acres Approved: 7.65
County: Wake, Green Level West Road, Cary
River Basin: Cape Fear Stream Classification: Other
' Submitted By: Jarrod A Buchanan, Town of Cary
Date Received by LQS: 9/5/08; 9/22/08
Plan Type: New
' Dear Sir or Madam:
This office has reviewed the subject erosion and sedimentation control plan. We find the plan to be
acceptable and hereby issue this Letter of Approval. The enclosed Certificate of Approval must be
posted at the job site. This plan approval shall expire three (3) years following the date of approval,
if no land -disturbing activity has been undertaken, as is required by Title 15A NCAC 4B .0129.
Title 15A NCAC 4B .0118(a) requires that a copy of the approved erosion control plan be on file at
the job site. Also, this letter gives the notice required by G.S. 113A -61.1(a) of our right of periodic
inspection to insure compliance with the approved plan.
' North Carolina's Sedimentation Pollution Control Act is performance -oriented, requiring protection
of existing natural resources and adjoining properties. If, following the commencement of this
project, the erosion and sedimentation control plan is inadequate to meet the requirements of the
Sedimentation Pollution Control Act of 1973 (North Carolina General Statute 113A-51 through 66),
this office may require revisions to the plan and implementation of the revisions to insure
compliance with the Act.
Acceptance and approval of this plan is conditioned upon your compliance with Federal and State
n
Letter of Approval
Project:- Bachelor Branch Interceptor and Pump Station
Elimination Pro
October 01, 2008
water quality laws, regulations, and rules. In addition, local city or county ordinances or rules may
also apply to this land -disturbing activity. This approval does not supersede any other permit or
approval.
Please be aware that your project will be covered by the enclosed NPDES General Stormwater
Permit NCG010000 (Construction Activities). You should first become familiar with all of the
requirements for compliance with the enclosed general permit.
Please note that this approval is based in part on the accuracy of the information provided in the
Financial Responsibility Form, which you provided. You are requested to file an amended form if
there is any change in the information included on the form. In addition, it would be helpful if you
notify this office of the proposed starting date for this project. Please notify us if you plan to have a
preconstruction conference.
Your cooperation is appreciated.
Sincerely,
-a
0 Page�EIT, CPESC
Assistant Regional Engineer
Land Quality Section
Enclosures: Certificate of Approval
NPDES Permit
cc: Jarrod A Buchanan, P.E., Town of Cary, PO Box 8005, Cary, NC 27512-8005
Danny Smith, DWQ - SWP Supervisor, RRO
' Town of Cary — Bachelor Branch Interceptor Project
Erosion and Sediment Control Plan Information and Narrative
' September 24, 2008
' PROJECT DESCRIPTION
The purpose of this project is to install a gravity sewer main, consisting of 6,865 -feet of
30 -inch gravity sewer, 478 -feet of 16 -inch gravity sewer, 1,203 -feet of 12 -inch gravity
' sewer, 88 -feet of 10 -inch gravity sewer, and 53 -feet of 8 -inch gravity sewer.
Approximately 8 acres will be disturbed during the installation of this gravity sewer line.
The site is located in Cary, in the western portion of Wake County, North Carolina (see
' Vicinity Map). The installation will begin at a point approximately 400 -feet east of the
intersection of Beaver Dam Road (SR 1615) and Green Level West Road (SR SR1605).
' SITE DESCRIPTION
The work zone for the project will consist of utility pipeline trenching within
easements/construction corridors that range from 20 -ft to 50 -ft depending upon the
' depth of installation. These widths are labeled on the plan drawings. The proposed
sewer alignment generally runs parallel to and on the east side of Bachelor Branch,
' which is a perennial stream in the Cape Fear River Basin and the Jordan Lake
Watershed. The site has a rolling topography with most slopes generally between 3
and 6%, with some as flat as 1 % and some as steep at 10%. The construction areas
' will be returned to their approximate existing grade and slope upon completion of the
project. All disturbed slopes will be restored to conditions equal or superior to those
existing prior to construction. Included in Section 400 is a Topographic Map of the
' project area showing the existing contours and topography. Most of the site is covered
with volunteer trees of all varieties and heights, with the exception of two areas of
cleared pasture near the southern portion of the site and the previously cleared sewer
' easements in the northern and eastern portions of the project area.
The planned construction activities will consist solely of sanitary sewer main and
' sanitary sewer manhole installation. The easements/construction corridors will be
cleared in advance of the sewer related construction. All disturbance/work will be
conducted within the easements/construction corridors shown on the plan drawings.
' Staging and equipment storage will be conducted within the easements/construction
corridors, with the exception of one possible area along an existing roadway at Thomas
Brooks Park, as shown on Sheet PP8-14. No borrow areas or waste stockpile areas
' are anticipated for this construction project. The contractor will temporarily stockpile soil
on the side of the trench during trench excavation operations and then backfill the
stockpiled soil back into the trench following installation of the sewer main. Typically,
the soil is backfilled on the same day.
Most of the site is located near the flood -plain. A majority of the site is located outside
' the 100 -foot riparian buffer of Bachelor Branch. The project alignment crosses Bachelor
Branch and several smaller drainage draws and tributaries. Sediment control measures
will be installed to prevent any damage or degradation to these crossings. Run-off from
SW 1095 Section 300-1 Erosion Control Plan
the construction site will eventually drain into Bachelor Branch. Most of the construction
site is located outside the 100 -foot riparian buffer, except for three locations, other than
the previously mentioned stream crossings.
• The first area is between Station 220+00 and Station 224+00, as shown on
Sheet PP1-14 of the plans, where the sewer main will be between 20 and 26 feet
deep. To move the sewer main out of the buffer and further up the ridge, will
further increase the depth of the interceptor installation, and in turn increase the
required width of the easement/clearing. The increased depth of installation will
further hamper the ability to safely install the interceptor and maintain it over the
design life. This increased easement width, will again encroach into the buffer,
pushing the interceptor even further up the ridge.
• The second area is located between Station 281+45 and Station 289+91.75, and
Station 600+00 and Station 600+70 as shown on Sheet PP7-14 of the plans.
Between Station 281+45 and Station 289+91.75, the sewer main will be installed
in an existing easement located in a wetland area. There will be no new
wetland/buffer disturbance in this area. This area was cleared for a sewer main
installation many years ago. During this earlier construction, the area was filled
and is presently maintained and mowed several times yearly by the Town of Cary
Public Works and Utilities Department. In this area, the proposed Bachelor
Branch Interceptor will be replacing a smaller 4 -inch sewer main, which will be
removed during construction. This disturbance was discussed with and
approved by the USACE. Please see the letter dated July 31, 2006 and the
referenced map, included in the Appendix. Between Station 600+00 and Station
600+87.62, a 10 -inch sewer main will be installed, which will tie into an existing
sewer manhole at the southwest corner of the Highcroft Subdivision, as shown
on Sheet PP7-14. The installation of this 10 -inch sewer main is necessary to
allow for the complete elimination of the Fieldstone Pump Station and
abandonment of the existing 8 -inch sewer main which runs parallel to the existing
4 -inch sewer main being replaced by the Bachelor Branch Interceptor, between
Station 287+45 and Station 288+95. Because the 8 -inch sewer main, which
empties into the Fieldstone Pump Station, encroaches into the planned
installation location of the proposed sewer main, it will be abandoned
downstream of the tie-in location at Station 600+87.62. This area was cleared
and filled as part of the construction associated with the Highcroft Subdivision,
and will create no new wetland/buffer disturbance.
• The third area is located between Station 509+50 and Station 512+03.10, as
shown on Sheet PP8-14 of the plans. In this area, the proposed sewer main will
be installed on Town of Cary property. As shown on the plans, the first portion of
the sewer main will be installed at the toe of a fill, which is quite steep. To move
the sewer main out of the buffer and further into the fill slope, would endanger the
stability of the fill slope, increase the cost of installation and maintenance of the
proposed sewer main, and route the sewer main away from the tie-in point,
increasing the overall amount of surface disturbance. One portion of the sewer
main in this area, between Station 509+81 and Station 510+00 will be installed in
an existing sewer easement. A second portion of the sewer main in this area,
SW 1095 Section 300-2 Erosion Control Plan I
11
u
1
r
between Station 510+61 and Station 511+61, will be installed across a vehicle
and material storage site used by the maintenance personnel at the Thomas
Brooks Park/USA Baseball Facility. The two areas were cleared and filled as
part of the either the earlier sewer main installation or the construction of the
vehicle and material storage site. There will be a small amount of new buffer
disturbance between Station 510+00 and Station 510+61 and between Station
511+61 and Station 512+03.10. There will be no new structures placed in the
buffer, only the sewer main.
Please refer to the plans included in the application for a detailed layout of the entire
project and the locations of the erosion control measures. In summary, the total
estimated disturbed area for this project is 7.52 acres.
The following permits and documentation have been included in the Appendix in
Section 800 for your review:
• US Army Corps of Engineers Nationwide Permit 12 - SAW 2006-20411
(Reissued) and SAW 2006-40250-292 (Original)
• USA COE Nationwide 12 Permit Conditions
• WQC #3625
• Figure 3 — Wetland, Stream, and Habitat Impacts Map
• July 31, 2006 Letter from Town of Cary to USACE
• Map attached to July 31, 2006 Letter from Town of Cary to USACE
• NC EEP Compensatory Mitigation Requirements Receipt of Payment
• NC EEP Compensatory Mitigation Requirements Invoice and copy of check
• NC EEP Impact Acceptance Letter
• NC EEP In Lieu Fee Request Form
• NC DENR / DWQ FONSI Certification
• Figures from NC DENR / DWQ FONSI Certification
o Figure 1.1 —Western Cary Pump Station Service Area
o Figure 2 — NC DWQ Surface Water Usage Classifications
o Figure 3.0 — Wetland and Stream Impacts
o Figure 3.1 — Wetland and Stream Impacts
o Figure 3.2 — Wetland and Stream Impacts
o Figure 4.0 — Habitat Impacts
o Figure 4.1 — Habitat Impacts
o Figure 4.2 — Habitat Impacts
• NCDOT Driveway Permit
• NCDOT Encroachment Agreement
• Property List and Deeds of affected properties
ADJACENT PROPERTY
Land use in the vicinity of the site is mixed. The majority of the adjacent property is
undeveloped at this time, with only a handful of residential homes in the general area.
At the northeast end of the site, is the Highcroft residential subdivision. At the northwest
end of the site, is the Town of Cary's Thomas Brooks Park, with baseball fields, soccer
SW 1095 Section 300-3 Erosion Control Plan
fields, playgrounds, and parking lots. On the east side of the site, near Station
255+69.86 on Sheet PP4-14, is the new Toscana residential subdivision, which is
presently under construction. The construction site for the Bachelor Branch Interceptor,
as mentioned earlier, is adjacent to Bachelor Branch.
SOILS
As requested, a map depicting the soils in the project area is included in Section 400.
This map delineates each different soil type and its location across the entire project
area. The topsoil that is removed during the installation of the Bachelor Branch
Interceptor, will be replaced, prepared, and seeded as per the attached specifications.
PLANNED EROSION AND SEDIMENT CONTROL MEASURES
All of the erosion control measures shown on the plans are listed in Section 16000 of
the Contract Specifications, which is included in Section 700. Detail drawings for each
of the erosion control measures are included in Section 700, and are also included in
the plans.
1. Standard Temporary Silt Fence
Silt fence will be installed as shown on the plans and as directed by the engineer.
Since this is a linear and measured disturbance, the silt fence provides a suitable
means to control erosion along the project alignment. The silt fence will be
installed on the downstream side of the construction corridor. The silt fence has
been denoted in the legend shown on the plans. See Detail 04000.01.
2. Standard Check Dam
Check dams will be installed in ditches and at any other necessary locations as
shown on the plans and as directed by the Engineer. Temporary check dams will
be constructed on the downstream side of any stream crossing to prevent any
potential sediment from being deposited further downstream. See Detail
04000.06.
3. Standard Construction Entrance
A standard construction entrance will be installed at all points of access to the
construction site. A construction entrance will be installed approximately 400 -
feet west of the intersection of Green Level West Road and Beaver Dam Road,
as shown on the plans. See Detail No. 04000.07. In addition, a driveway permit
has been issued by NCDOT, and is included in Section 800. There will be a
second construction entrance near the existing Thomas Brooks Park Pump
Station, which will connect to an existing maintenance road located inside the
Thomas Brooks Park. The construction entrances in this project will be
constructed to a length of 100 feet.
4. Standard Temporary Stream Crossing (with culvert pipe)
A standard temporary stream crossing will be installed at all points where the
stream crossing is critical, and the width and depth of the crossing makes it
impossible to use either Number 5 or Number 6 below. See Detail 04000.11,
SW 1095 Section 300-4 Erosion Control Plan I
' sheet 1 of 2. The calculations associated with these crossings have been
included in Section 600 of this application.
' 5. Standard Temporary Stream Crossing Option (without culvert pipe)
A standard temporary stream crossing option will be installed at all points where
' a small stream shall be crossed for a short duration of time, and the conditions
either do not warrant or make it impossible to use Number 6 below. See Detail
04000.11, sheet 2 of 2. This option is not allowed to be used on the crossings
' listed in Table 1 — Stream Crossing Information, on Sheet 2-14 of the plans.
6. Standard Temporary Stream Crossing Option (Timber Mat)
' A timber mat will be utilized at crossings of small drainage draws and tributaries
located within wetland areas, where possible. See Detail 1313-3.
' 7. Tree Protection Fence
Tree protection fence will be installed as shown on the plans and as directed by
the Engineer. The tree protection fence will be installed in such a manner that it
' prevents all construction activities from encroaching outside the construction
corridor. See Detail BB -2.
' 8. Standard Silt Fence Outlet
A silt fence outlet will be installed as necessary at sharp angle changes in the silt
fence. See Detail BB -1.
' 9. Surface Stabilization
Surface stabilization will be accomplished with vegetation and mulch as per the
' specifications. See Section 16000 — Soil Erosion and Sediment Control. This
section of the specifications covers all areas of the erosion control plan
requirements pertaining to soil preparation, permanent and temporary seed types
' and rates, fertilizer types and rates, and mulch types and rates.
10. Dust Control
Dust control is not expected to be a problem, due to the narrow corridor, and the
short time which the construction area will be disturbed before reseeding begins.
Should excessive dust be generated, it will be controlled by direct application of
' water.
' 11. Rip Rap Stream Bank Stabilization
At any stream crossing where Number 4 above, Standard Temporary Stream
Crossing (with culvert pipe) is utilized, the bank will be stabilized after
' construction with rip rap, per the Contract Documents. The calculations used to
size the rip rap are included in Section 600 of this application.
SW 1095 Section 300-5 Erosion Control Plan
12. Coir Fiber Matting
After seeding, coir fiber matting will be provided on disturbed stream banks as
shown on the plans. Also, see Section 21000 of the Contract Documents for
further clarification.
13. Survey Staking
The outer limits of the easements/construction corridors will be surveyed, staked,
and flagged prior to any construction or clearing occurring. Each side of the
corridor will be flagged at a minimum, every 20 feet of length, at every change in
easement width, and at each property line. Staking/flagging will remain in place
throughout construction.
SITE DRAINAGE FEATURES
The project area is comprised of mostly undeveloped property covered with volunteer
trees, of all varieties and heights. The disturbance areas have been delineated on the
Site Plan Map. In the areas where the construction corridor will cross drainage swales
or channels, or follow a steep slope, check dams will be installed as shown on the plans
and in detail 04000.06.
The Phase 2 area of the site (between Station 215+95 and Station 271+27.50 and
between Station 500+00 and Station 500+20.85) is located along the east side of
Bachelor Branch and crosses Bachelor Branch on the northern end, where the creek
turns due east. There are several small drainage draws and tributaries that will be
crossed along this phase of the project. These crossings are shown on the attached
Creek Crossing Location Map. The crossings, and method used, occur at the following
locations along the project alignment:
• Crossing #5 - Station 225+20 - Standard Temporary Stream Crossing -
with culvert pipe.
• Crossing #4 - Station 230+60 - Standard Temporary Stream Crossing -
with culvert pipe.
• Crossing #3-2 - Station 247+05 - Standard Temporary Stream
Crossing - with culvert pipe.
• Crossing #3-1 - Station 247+60 - Standard Temporary Stream
Crossing - with culvert pipe.
• Crossing #2 - Station 269+20 - Standard Temporary Stream Crossing -
with culvert pipe.
All precautions will be taken to protect the area around these crossings. Any necessary
erosion and sediment control devices will be implemented.
At this point, Station 271+27.50 (Sheet PP6-14), the project turns east, and Phase 2
transitions into Phase 3. Near the end of Phase 3, at Station 284+60.30, the line turns
north and ties into an existing manhole at the southwest corner of the Highcroft
Subdivision. Phase 3 includes the area between Station 600+00 and Station
600+87.62, and will terminate at manhole B33-1, which will be replaced with a pre -cast
SW 1095 Section 300-6 Erosion Control Plan
manhole. The waste water flow coming from this line, presently drains to the Fieldstone
Pump Station via a 10 -inch PVC gravity sewer main that is to be abandoned. This
' waste water flow will be re-routed into the Bachelor Branch Interceptor via the 10 -inch
gravity sewer between Station 600+00 and Station 600+87.62 (Sheet PP7-14).
Phase 4 starts at Station 284+60.30 and continues to the east, terminating near the
existing Fieldstone Pump Station at existing manhole B-39, at Station 289+91.75.
There are two crossings along Phase 4, one located at Station 289+70, and
enumerated as Crossing #1-1 on the Creek Crossing Location Map, and a second
located at Station 289+00, and enumerated as Crossing #1-2 on the Creek Crossing
Location Map (Sheet PP7-14). At Crossing #1-1 and #1-2, the Standard Temporary
' Stream Crossing - with culvert pipe method will be employed to cross the creeks. As
noted earlier, all precautions will be taken to protect the area around this crossing. Any
necessary erosion and sediment control devices will be implemented.
Returning to the western portion of the project, where Phase 2 ends (Station
500+20.85), Phase 5 begins and runs in a northwest direction to Station 512+03.10.
This portion of the site is located along the north side of Bachelor Branch, runs for
approximately 1,200 -feet, and terminates near the existing Thomas Brooks Park Pump
Station. There is one crossing along Phase 5, located at Station 501+40 (Sheet PP8-
14), and enumerated as Crossing #1A on the Creek Crossing Location Map. At
Crossing #1A, the Standard Temporary Stream Crossing - with culvert pipe method will
be used to cross the creek. As noted earlier, all precautions will be taken to protect the
area around this crossing. Any necessary erosion and sediment control devices will be
implemented.
On the west side of Phase 2 of the project, Bachelor Branch runs from north to south,
intersecting with White Oak Creek, approximately 1,050 feet south of the intersection of
Green level Church Road and Green Level West Road. Bachelor Branch and White
Oak Creek are classified as perennial streams. There are a number of small unnamed
tributaries which flow into Bachelor Branch from the east and west. See the Creek
Crossing Location Map, located in Section 400, for the enumeration of each crossing,
and then refer to the attached Stream Impact Table for the temporary impacts to each
stream and/or tributary. Bachelor Branch, White Oak Creek, and the unnamed
tributaries are also shown on the Vicinity Map, the Topographic Map, and throughout
the plans.
' STORMWATER / STREAM CROSSING CALCULATIONS
The calculations for the crossings referenced in the above paragraphs are included in
Section 600 of this application.
FINANCIAL RESPONSIBILITY/OWNERSHIP FORM
The Financial Responsibility/Ownership Form has been completed and is included in
' the submittal. Attached to the application is one check in the amount of $520.00 which
will cover the normal $65.00 per acre fee. As requested, a list of all affected properties
SW 1095 Section 300-7 Erosion Control Plan
and the most recent deed for each has been included (See the List of Landowners of
Record and the Property Map in Section 500).
NARRATIVE AND CONSTRUCTION SEQUENCE
There will be approximately 8,700 -feet of sewer main installed as part of this project.
Approximately 600 -feet of the sewer main will be installed in existing easements, 2,650 -
feet will be installed in newly acquired easements purchased from residents, 420 -feet of
the sewer main will be installed in existing or proposed NCDOT right-of-way areas, 140 -
feet of the sewer will be installed in existing Town of Cary right-of-way, and 4,880 -feet of
the sewer main will be installed on Town of Cary property. All of the sewer mains
installed as part of this project will be ductile iron pipe. An independent contractor will
install the sewer mains using a variety of equipment including a track hoe, end loader,
back hoe, dump truck, and compactor. The trench in which the sewer mains will be
placed will be as narrow as possible.
This project will provide gravity sanitary sewer capability for land in the respective
drainage basin. This project will also allow for the abandonment of the existing
Fieldstone Pump Station, which would require expansion and improvements to remain
in service, and will also allow for the abandonment of the Thomas Brooks Park Pump
Station.
As noted in the attached specifications, no construction will begin before all erosion
control measures are installed and approved by a Town of Cary Inspector. Silt fence
will be installed along the construction corridor and check dams will be installed along
the downstream edge of the construction corridor.
After all permits are acquired, the contractor will begin his surveying, staking, and
flagging. Once complete, the construction entrances, silt fence, and other erosion
control measures will be installed. Installation will begin at the southern portion of the
project site. After construction is complete and the construction areas have been
stabilized, the erosion control measures will be removed.
CONSTRUCTION SCHEDULE
1. Obtain plan approval and other applicable permits.
2. Survey the construction corridor and mark the clearing limits.
3. Before any work begins, give notice to NCDENR - Land Quality Section of the
proposed start date by phone at 919-791-4200 and in writing at the following
address:
NCDENR - Land Quality Section
1628 Mail Service Center
Raleigh NC 27699-1628
Attn: Thad Valentine
4. Hold preconstruction conference one week prior to starting construction. The
Contractor, the Town of Cary Project Manager, and the Town of Cary
Engineering Inspector shall attend.
SW 1095 Section 300-8 Erosion Control Plan
5. Install erosion control measures and construction entrance at south end of
property.
' 6. Install erosion control measures in advance of clearing an area in its entirety.
7. Clear construction corridor.
8. Install sewer main, placing soil on uphill side of open trenches.
' 9. Pump around operations will be conducted at all creek crossings.
a. Set up pump with suction and discharge hose.
b. Install up -stream sandbag dam.
c. Install down -stream sandbag dam.
d. The pump must run continuously while working in the stream.
e. Stream banks must be stabilized at the end of each day.
10. At the end of each work day, the disturbed channel shall be matted.
11. Trench to be backfilled daily as required by the Contract Documents.
12. Fill trench to grade, prepare soil, seed, and fertilize per specifications.
' 13. All erosion and sediment control devices will be inspected weekly and after all
rainfall events. Necessary repairs will be made immediately.
14. Contractor shall install rip rap stream stabilization and coir fiber matting at the
' specified stream crossings after removing the temporary stream crossings.
15. Contractor shall air test sections of the interceptor and vacuum test the manholes
in phases, as specified by the contract documents.
' 16. Contractor shall conduct a video inspection of the interceptor following successful
completion of the air test.
17. Seeded areas shall be protected and replanted as outlined in Section 16000 of
' the Contract Documents.
18. Contractor shall conduct a walk-through inspection with the Town of Cary
Engineering Inspector following the completion of all testing requirements.
' 19. Contractor shall complete all punch -list items and continue to maintain erosion
control measures and vegetation throughout project area.
20. Once grass is established, and the site is stabilized and approved, the silt fence
' and tree protection fence shall be removed.
21. Contractor shall maintain/reseed any areas deemed necessary, for one year, per
the warranty.
MAINTENANCE PLAN
1. All erosion and sediment control practices will be checked for stability and
operation following every runoff -producing rainfall, but in no case less than twice
each week. Any necessary repairs will be made immediately, to maintain all
erosion control practices as designed.
2. Construction entrances shall be maintained in a condition to prevent mud or
sediment from leaving the construction site. This may require top -dressing with
2 -inch stone.
3. Inspect check dams after each rainfall event. If stones have become dislodged,
make repairs .as necessary. Sediment will be removed from the check dams per
standard practice.
4. Inspect silt fence after each rainfall event. If any repairs are necessary, they
shall be made immediately. The silt fence will be repaired as necessary, to
SW 1095 Section 300-9 Erosion Control Plan
maintain the barrier. Sediment will be removed from behind the silt fence when it
becomes approximately '/2 foot deep at the fence, and as necessary to provide
adequate storage for subsequent rainfall events.
5. Inspect rip rap stabilization structures after heavy rainfalls to determine if erosion
has occurred. If stones have become dislodged, make repairs as necessary.
6. All seeded areas will be fertilized, reseeded as necessary, and mulched
according to the contract specifications, to maintain a vigorous, dense vegetative
cover. See Section 16000 of the specifications, included in Section 700 of this
application.
VEGETATION PLAN
Please refer to Section 16000 of the Contract Documents, included in Section 700 of
this application for a detailed description of the Vegetation Plan.
CONSTRUCTION SPECIFICATIONS
Please find the following construction specifications and details included in Section 700
of this application.
1. Section 03000 of the Town of Cary Specifications — Clearing and Grubbing
2. Section 16000 of the Town of Cary Specifications — Soil Erosion and Sediment
Control
3. Seeding Requirements
4. Detail 04000.01 — Standard Temporary Silt Fence
5. Detail 04000.06 — Standard Check Dam
6. Detail 04000.07 — Standard Construction Entrance
7. Detail 04000.11, Sheet 1 of 2 — Standard Temporary Stream Crossing
8. Detail 04000.11, Sheet 2 of 2 — Standard Temporary Stream Crossing Option
9. Detail BB -3 — Standard Temporary Stream Crossing Option
10. Detail BB -2 — Tree Protection Fence
11. Detail BB -1 — Standard Silt Fence Outlet
12. Detail BB -4 — Pump Around Detail from Land Quality Section
END OF PROJECT NARRATIVE
RAEngineedngDept\PROJECTS (Capita1)\Sewer\SW5005 - Summermnds 1 &2 - Jarrod\Permits & Encroachments\Erosion ControhCheddist Narrrative.doc
SW 1095 Section 300-10 Erosion Control Plan
State of North Carolina
Department of Environment A&I
and .Natural Resources
9
Raleigh Regional Office �'�
Michael F. Easley, Governor NCDENR
' NoRTN CARouNA DEPARTMENT OF
William G. (Bill) Ross, Secretary ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES
LETTER OF APPROVAL `,�;;•> ; fa
January 18, 2007
4 7
TOWN OF CAFj-i'Y
' Town of Cary �a'�t�f N1E;�F7
PO Box 8005
Cary, NC 27512-8005
' ATTN: Joe Godfrey
RE: Project Name: White Oak Creek Interceptor and
Greenway
County: Wake
Submitted by: Town of Cary
Date Received: 1/17/07
' Date Processing Initiated: 1/17/07 .
Watershed: Neuse #1/03-04-02
New Submittal (X) Revised ( )
' Dear Mr. Godfrey:
This office has reviewed the subject Erosion and Sedimentation Control Plan. We find
' the plan to be acceptable and hereby issue this letter of approval. If any modifications,
performance reservations, or recommendations are applicable, a list is enclosed and is
incorporated as a part of this letter of approval. The enclosed Certificate of Approval should be
' posted at the job site. In addition, it should be noted that this plan approval shall expire three (3)
years following the date of approval, if no land -disturbing activity has been undertaken, in
accordance with Title 15A, North Carolina Administrative Code (NCAC) 46.0029.
' if any modifications are not incorporated into theIan and implemented in th
P P e field, the
site will be in violation of the Sedimentation Pollution Control Act of 1973 (North Carolina
' General Statute (NCGS), 113A-61.1).
15A NCAC 413.001 8(a) requires that a copy of the approved plan be on file at the job site.
' Also, this letter gives the notice required by NCGS 113A -61.1(a) concerning our right to perform
periodic inspections to ensure compliance with the approved plan.
North Carolina's sedimentation pollution control program is performance oriented,
requiring protection of the natural resources and adjoining properties. If at any time during this
project it is determined that the Erosion and Sedimentation Control Plan is inadequate to meet
' the requirements of the Sedimentation Pollution Control Act of 1973 (NCGS 113A-51 through
66), this office may require revisions in the plan and its implementation to ensure compliance
' 1626 Mail Service Center, Raleigh, NC 27699-1628 Telephone (919)5714700 FAX (919)5714718
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper
with the Act.
Acceptance and approval of this plan is conditioned upon your compliance with '
applicable federal and state water quality laws, regulations and rules. This could include the
Division of Water Quality under stormwater or other specific water quality standards, and the
U.S. Army Corps of Engineers under Article 404 jurisdiction. Our approval does not supersede '
any other required permit or approval.
Since this project disturbs one or more acres, one such approval relates to the
,
stormwater that will discharge from your project. This runoff is permitted pursuant to the
National Pollutant Discharge Elimination System (NPDES) administered in North Carolina by the
Division of Water Quality (DWQ). Attached is the Genera! Stormwater NPDES Permit,
NCG010000, as revised October 1, 2001, covering your activity. You are responsible for
'
complying with the General Permit requirements and are subject to enforcement by DWQ for
any violations of the General Permit.
'
Due to the location of this project, it should be noted that a rule to protect and maintain
existing buffers along watercourses in the Neuse River Basin became effective on July 22, 1997
The Neuse River Riparian Area Protection and Maintenance Rule (15A NCAC 2B .0233) applies
'
to all perennial and intermittent streams, lakes, ponds and estuaries in the Neuse River Basin
with existing vegetation on the adjacent land or "riparian area". In riparian areas with existing
vegetation in the first 30 feet directly adjacent to the stream, the rule prohibits land disturbance
'
or new development within the first 30 feet of land next to the water (the remaining 20 feet of the
total buffer must be revegetated upon completion of any proposed land -disturbing activity). In
riparian areas with existing vegetation that is less than 30 feet wide, the rule prohibits land
'
disturbance or new development within the area that contains the existing vegetation (but not the
entire 50 foot riparian area). For more information about this riparian area rule, please contact
the Division of Water Quality's Wetland/401 Unit at 919-733-1786, or a Division of Water Quality
'
representative at this regional office.
Please note that this approval is based in part on the accuracy of the information '
provided concerning financial responsibility. You are requested to file an amended Financial
Responsibility Form if any changes become necessary. In addition, it would be helpful if you '
would notify this office when the proposed land -disturbing activity covered by this plan is
initiated.
Your cooperation is appreciated and we look forward to working with you on this project. t
If there are any questions, please do not hesitate to contact this office.
Sincerely, '
Karyn Pageau, EIT, CPESC t
Assistant Regional Engineer
Land Quality Section '
KWP:cIm
cc: Mr. Jarrod Buchanan, P.E. '
Mr. Chuck Wakild, P.E.
C
State of North Carolina
Department of Environment 9-4a and Natural Resources
Raleigh Regional Office WL
Michael F. Easley, Governor NCDENR
' William G. (Bill) Ross Secreta CAROLINA DEPARTMENTOF
/ RON
� � ENViRONMENT AND NATURAL RESOURR
CES
DMSION OF LAND RESOURCES
LETTER OF APPROVAL
t February 22, 2006
' Town of Cary
PO Box 8005
Cary, NC 27512
ATTN: Joe Godfrey
RE: Project Name: White Oak Greenway
' County: Wale
Submitted by: Mulkey Engineers & Consultants
Date Received: February 17, 2006
Date Processing Initiated: February 17, 2006
' Watershed: Neuse #1/03-04-02
New Submittal QQ Revised ( )
' Dear Mr. Godfrey:
' This office has reviewed the subject Erosion and Sedimentation Control Plan. We find the plan to
be acceptable and hereby issue this letter of approval. If any modifications, performance reservations, or
recommendations are applicable, a Iist is enclosed and is incorporated as a part of this letter of approval.
The enclosed Certificate of Approval should be posted at the job site. In addition, it should be noted that
this plan approval shall expire three (3) years following the date of approval, if no land -disturbing activity
has been undertaken, in accordance with Title 15A, North Carolina Administrative Code (NCAC)
' 4B.0029.
If any modifications are not incorporated into the plan and implemented in the field, the site will
' be in violation of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statute
(NCGS), 113A-61.1).
' 15A NCAC 4B.001 8(a) requires that a copy of the approved plan be on file at the job site. Also,
this letter gives the notice required by NCGS 113A -61.1(a) concerning our right to perform periodic
inspections to ensure compliance with the approved plan.
' North Carolina's sedimentation pollution control program is performance oriented,
requiring protection of the natural resources and adjoining properties. If at any time during this project it is
determined that the Erosion and Sedimentation Control Plan is inadequate to meet the requirements of the
' Sedimentation Pollution Control Act of 1973 (NCGS 113A-51 through 66), this office may require
revisions in the plan and its implementation to ensure compliance with the Act.
1628 Mail Service Center, Raleigh, NC 27699-1628 Telephone (919)791-4200 FAX(919)571-4718
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper
Joe Godfrey
March 13, 2006
Page 2
Acceptance and approval of this plan is conditioned upon your compliance with applicable federal
and state water quality laws, regulations and rules. This could include the Division of Water Quality
under stormwater or other specific water quality standards, and the U.S. Army Corps of Engineers under
Article 404 jurisdiction. Our approval does not supersede any other required permit or approval.
Since this project disturbs one or more acres, one such approval relates to the stormwater that will
discharge from your project. This runoff is permitted pursuant to the National Pollutant Discharge
Elimination System (NPDES) administered in North Carolina by the Division of Water Quality (DWQ).
Attached is the General Stormwater NPDES Permit, NCGO 10000, as revised October 1, 2001, covering
your activity.. You are responsible for complying with the General Permit requirements and are subject to
enforcement by DWQ for any violations of the General Permit.
Due to the location of this project, it should be noted that a rule to protect and maintain existing
buffers along watercourses in the Neuse River Basin became effective on July 22, 1997. The Neuse River
Riparian Area Protection and Maintenance Rule (15A NCAC 2B .0233) applies to all perennial and
intermittent streams, lakes, ponds and estuaries in the Neuse River Basin with existing vegetation on the
adjacent land or "riparian area". In riparian areas with existing vegetation in the. first 30 feet directly
adjacent to the stream, the rule prohibits land disturbance or new development within the first 30 feet of
land next to the water (the remaining 20 feet of the total buffer must be revegetated upon completion of
any proposed land -disturbing activity). In riparian areas with existing vegetation that is less than 30 feet
wide, the rule prohibits land disturbance or new development within the area that contains the existing
vegetation (but not the entire 50 foot riparian area). For more information about this riparian area rule,
please contact the Division of Water Quality's Wetland/401 Unit at 919-733-1786, or a Division of Water
Quality representative at this regional office.
Please note that this approval is based in part on the accuracy of the information provided
concerning financial responsibility. You are requested to file an amended Financial Responsibility Form if
any changes become necessary. In addition, it would be helpful if you would notify this office when the
proposed land -disturbing activity covered by this plan is initiated.
Your cooperation is appreciated and we look forward to working with you on this project. If there
are any questions, please do not hesitate to contact this office.
Sincerely,
`z
Karyn Pageau, EIT
Asst. Regional Engineer
Land Quality Section
KP:clm
cc: Warren Sugg, EI, Mulkey Engineers & Consultants
Mr. Ken Schuster, P.E., Division of Water Quality
1628 Mail Service Center, Raleigh, NC 27699-1628 Telephone (919)791-4200 FAX (919)571-4718
An Equal Opportunity Affirmative Action Employer 50% recycled110% post -consumer paper ,
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1
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State of North Carolina
Department of Environment
and Natural Resources
Raleigh Regional Office
Michael F. Easley, Governor
William G. (Bill) Ross, Secretary
V�Na
NCDENFt
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES
LETTER OF APPROVAL
N"IR".,a ember 7, 2005
�J y.
Town of Cary
PO Box 8005
Cary, NC 27512-BOWWN OF C CRY
ATTN: Tim BailONGINEFRING DEPT'.
RE: Project Name:.West Cary Pump Station -Northern
Force Main
' County: Wake
Submitted by: Brown and Caldwell
Date Received: 11/22/05
' Date Processing Initiated: 11/22/05
Watershed: Neuse#1/03-04-01
New Submittal (X) Revised ( )
' Dear Mr. Bailey:
This office has reviewed the subject Erosion and Sedimentation Control Plan. We find
the plan to be acceptable and hereby issue this letter of approval. If any modifications,
performance reservations, or recommendations are applicable, a list is enclosed and is
' incorporated as a part of this letter of approval. The enclosed Certificate of Approval should be
posted at the job site. In addition, it should be noted that this plan approval shall expire three (3)
years following the date of approval, if no land -disturbing activity has been undertaken, in
' accordance with Title 15A, North Carolina Administrative Code (NCAC) 46.0029.
If any modifications are not incorporated into the plan and implemented in the field, the
' site will be in violation of the Sedimentation Pollution Control Act of 1973 (North Carolina
General Statute (NCGS), 113A-61.1).
0
1
1
15A NCAC 4B.001 8(a) requires that a copy of the approved plan be on file at the job site.
Also, this letter gives the notice required by NCGS 113A -61.1(a) concerning our right to perform
periodic inspections to ensure compliance with the approved plan.
North Carolina's sedimentation pollution control program is performance oriented,
requiring protection of the natural resources and adjoining properties. If at any time during this
project it is determined that the Erosion and Sedimentation Control Plan is inadequate to meet
the requirements of the Sedimentation Pollution Control Act of 1973 (NCGS 113A-51 through
66), this office may require revisions in the plan and its implementation to ensure compliance
1628 Mail Service Center, Raleigh, NC 276994628 Telephone (919)571.4700 FAX (919)5714718
An Equal Opportunity Affirmative Action Employer 50°k recycled/10%post-consumer paper
with the Act.
Acceptance and approval of this plan is conditioned upon your compliance with
applicable federal and state water quality laws, regulations and rules. This could include the
Division of Water Quality under stormwater or other specific water quality standards, and the
U.S. Army Corps of Engineers under Article 404 jurisdiction. Our approval does not supersede
any other required permit or approval.
Since this project disturbs one or more acres, one such approval relates to the
stormwater that will discharge from your project. This runoff is permitted pursuant to the
National Pollutant Discharge Elimination System (NPDES) administered in North Carolina by the
Division of Water Quality (DWQ). Attached is the General Stormwater NPDES Permit,
NCG010000, as revised October 1, 2001, covering your activity. You are responsible for
complying with the General Permit requirements and are subject to enforcement by DWQ for
any violations of the General Permit.
Due to the location of this project, it should be noted that a rule to protect and maintain
existing buffers along watercourses in the Neuse River Basin became effective on July 22, 1997
The Neuse River Riparian Area Protection and Maintenance Rule (15A NCAC 2B .0233) applies
to all perennial and intermittent streams, lakes, ponds and estuaries in the Neuse River Basin
with existing vegetation on the adjacent land or "riparian area". In riparian areas with existing
vegetation in the first 30 feet directly adjacent to the stream, the rule prohibits land disturbance
or new development within the first 30 feet of land next to the water (the remaining 20 feet of the
total buffer must be revegetated upon completion of any proposed land -disturbing activity). In
riparian areas with existing vegetation that is less than 30 feet wide, the rule prohibits land
disturbance or new development within the area that contains the existing vegetation (but not the
entire 50 foot riparian area). For more information about this riparian area rule, please contact
the Division of Water Quality's Wetland/401 Unit at 919-733-1786, or a Division of Water Quality
representative at this regional office.
Please note that this approval is based in part on the accuracy of the information
provided concerning financial responsibility. You are requested to file an amended Financial
Responsibility Form if any changes become necessary. In addition, it would be helpful if you
would notify this office when the proposed land -disturbing activity covered by this plan is
initiated.
Your cooperation is appreciated and we look forward to working with you on this project.
If there are any questions, please do not hesitate to contact this office.
Sincerely,
aryn Pageau, EIT
Assistant Regional Engineer
Land Quality Section
KWP:clm
cc: Mr. Kenneth W. Bruce, P.E., Brown and Caldwell
Mr. Ken Schuster, P.E., NC DWQ
PLAN REVIEW COMMENTS
PROJECT NAME: West Cary Pump
DATE RECEIVED: 11/22/05
Station -Northern Force Main
REVIEWED BY: KP
LOCATION: Wake
New Submittal (X) Revised Q
Approved (X) Disapproved ()
I
Reasons for Disapproval () Modifications (X) Performance Reservations ()
�m
1. Specification 02270-4 discusses active construction ceasing, please change timeframe here to
that of establishing temporary ground cover to 21 calendar days.
2. Please modify construction specification 02270-5 paragraph 2 to say "temporary ground cover
shall be applied to disturbed areas within 21 calendar days following the completion of any
phase of grading.
3. Please indicate on the drawings and in the construction specifications that all excavation
' performed shall be backfilled daily.
4. Please submit one copy of drawings and specifications revised as a result of this requested
change to this office by January 10, 2006 or prior to construction beginning, whichever is sooner.
RECOMMENDATIONS AND/OR COMMENTS:
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State of North Carolina
Department of Environment
and Natural Resources
Raleigh Regional Office
Michael F. Easley, Governor
William G. (Bill) Ross, Secretary
Town of Cary
PO Box 8005
Cary, NC 27512-8005
Attn: Tim Bailey
Dear W. Bailey:
NCDEiTR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES
LETTER OF APPROVAL
June 27, 2006
.�L + 102006
TOWN OF CARY
ENGINEERING DEPT.
RE: Project Name: W Cary Station & Northern Force Main
Ph 1 Pump Station
County: Wake
Submitted by: Brown & Caldwell
Date Received: June 22, 2006
Date Processing Initiated: June 22, 2006
Watershed: Cape Fear #1/03-06-05
New Submittal 0 Revised (X)
This office has reviewed the subject Erosion and Sedimentation Control Plan. We find the plan to
be acceptable and hereby issue this letter of approval. If any modifications, performance reservations, or
recommendations are applicable, a list is enclosed and is incorporated as a part of this letter of approval.
The enclosed Certificate of Approval should be posted at the job site. In addition, it should be noted that
this plan approval shall expire three (3) years following the date of approval, if no land -disturbing activity
has been undertaken, in accordance with Title 15A, North Carolina Administrative Code (NCAC)
4B.0029.
If any modifications are not incorporated into the plan and implemented in the field, the site will
be in violation of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statute
(NCGS), 113A-61.1).
' 15A NCAC 4B.00I8(a) requires that a copy of the approved plan be on file at the job site. Also,
this letter gives the notice required by NCGS 113 A -61.1(a) concerning our right to perform periodic
inspections to ensure compliance with the approved plan.
' North Carolina's sedimentation pollution control program is performance oriented,
requiring protection of the natural resources and adjoining properties. If at any time during this project it is
' determined that the Erosion and Sedimentation Control Plan is inadequate to meet the requirements of the
Sedimentation Pollution Control Act of 1973 (NCGS I I3A-51 through 66), this office may require
revisions in the plan and its implementation to ensure compliance with the Act.
1628 Mail Service Center, Raleigh, NC 27699-1628 Telephone (919)791-4200 FAX (919)571-4718
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper
Tim Broome
June 27, 2006
Page 2
Acceptance and approval of this plan is conditioned upon your compliance with applicable federal
and state water quality laws, regulations and rules. This could include the Division of Water Quality
under stormwater or other specific water quality standards, and the U.S. Army Corps of Engineers under
Article 404 jurisdiction. Our approval does not supersede any other required permit or approval.
Since this project disturbs one or more acres, one such approval relates to the stormwater that will
discharge from your project. This runoff is permitted pursuant to the National Pollutant Discharge
Elimination System (NPDES) administered in North Carolina by the Division of Water Quality (DWQ).
Attached is the General Stormwater NPDES Permit, NCGO10000, as revised October 1, 2001, covering
your activity. You are responsible for complying with the General Permit requirements and are subject to
enforcement by DWQ for any violations of the General Permit.
Please note that this approval is based in part on the accuracy of the information provided
concerning financial responsibility. You are requested to file an amended Financial Responsibility Form if
any changes become necessary. In addition, it would be helpful if you would notify this office when the
proposed land -disturbing activity covered by this plan is initiated.
Your cooperation is appreciated and we look forward to working with you on this project. If there
are any questions, please do not hesitate to contact this office.
Sincerely,
aryn rEL CPESC
Asst. Regional Engineer
Land Quality Section
KP:clm
cc: Kenneth W. Bruce, PE, BCEE, Brown & Caldwell
Regional Supervisor, Division of Water Quality
1628 Mail Service Center, Raleigh, NC 27699-1628 Telephone (919)791-4200 FAX (919)571.4718
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper
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10- 7-05; 3=47PM;
OCT -07-2005 FRI 04:29 PM DENR RRO
State of North Carolina
DepartmentQf Environment
and Natural Resources
Raleigh Regional Office
Michael F. Easley, Governor
Yl 1112M G. (Bill) Ross, Secretary
Town of Cary
P.O. Box 8005
Cary, NC 27512-8005
ATTN: Tim Bailey
Dear Mr. Bailey:
; i # 3/ 4
FAX NO. 19195714718 P, 02
L�O�.
NCDEN'OF
& MRONNI?1TANo NA'uRAL Recouna"
DIVISION OF LAM) RESOURCES
LETTER OF APPROVAL
October 7, 2005
RE: Project Name: West Cary Station & Northern Force
Main Ph. 1 Pump Station
County: Wake
Submitted by: Brown & Caldwell
Date Received: 9/14/05;9/30/05
Date Processing Initiated: 9/14/06.
Watershed: Cape Fear #1/03-06.05
New Submittal (X) Revised ( )
This office has reviewed the subject Erosion and Sedimentation Control Plan, We find
the plan to be acceptable and hereby issue this letter of approval. If any modifications,
performance reservations, or recommendations are applicable, a list is enclosed and is
incorporated as a part of this letter of approval. The enclosed Certificate of Approval should be
posted at the job site. In addition, it should be noted that this plan approval shall expire three (3)
years following the date of approval, N no land -disturbing activity has been undertaken, in
accordance with Title 15A, North Carolina Administrative Code (NCAC) 48.0029.
If any modifications are not incorporated into the plan and implemented in the field, the
site will be in violation of the Sedimentation Pollution Control Act of 1973 (North Carolina
General Statute (NCGS), 113A-61.1).
15A NCAC 48.0018(a) requires that a copy of the approved plan be on file at the job site.
Also, this letter gives the notice required by NCGS 113A -61.1(a) concerning our right to perform
periodic inspections to ensure compliance with the approved plan.
North Carolina's sedimentation pollution control program is performance oriented,
requiring protection of the natural resources and adjoining properties. If at any time during this
project it is determined that the Erosion and Sedimentation Control Plan is inadequate to meet
the requirements of the Sedimentation Pollution Control Act of 1973 (NCGS 113A-61 through
66), this office may require revisions in the plan and its implementation to ensure compliance
1828 Mall Service Center, Ralelgh, NC 27899-1828 Telephone (919)571.4700 FAX (919),f' 71-47111
An Equal Opportunity Affirmable Action Employer 5D% recycied/10% post -consumer paper
I # 4/ 4
,0- 7-05; 3:47PM;
OCT -07-2005 FRI 04:30 PM DENR RRO FAX NO, 19195714718 P. 03
I
With the Act.
Acceptance and approval of this pian is conditioned upon your compliance with
i applicable federal and state water quality laws, regulations and rules. This could include the
Division of water Qualityunder stormwater or other specific water quality standards, and the
U.S. Army Corps of Engineers under Article 404 jurisdiction. Our approval does not supersede
any other required permit or approval.
Since this project disturbs one or more acres, one such approval relates to the
stormwater that will discharge from your project. This runoff is permitted pursuant to the
National Pollutant Discharge Elimination System (NPDES) administered in North Carolina by the
Division of Water Quality (DWQ). Attached is the General Stormwater NPDES Permit,
NCG010000, as revised October 1, 2001, covering your activity. You are responsible for
complying with the General Permit requirements and are subject to enforcement by DWQ for
any violations of the General Permit.
Please note that this approval is based in part on the accuracy of the information
provided concerning financial responsibility. You are requested to file an amended Financial
Responsibility Form if any changes become necessary. In addition, it would be helpful if you
would notify this office when the proposed land -disturbing activity covered by this plan is
initiated.
Your cooperation is appreciated and we look forward to working with you an this project.
If there are any questions, please do not hesitate to contact this office.
sincerely,
Karyn Pageau, EIT
Assistant Regional Engineer
Land Quality Section
KWP:dm
cc: Mr. Kenneth W. Bruce, P.E., BCEE
Mr. Ken Schuster, P.E.
' SOF WAT$Q Michael F. Easley, Governor
�O G William G. Ross Jr., Secretary
7 North Carolina Department of Environment and Natural Resources
O Y Alan W. Klimek, P.E., Director
Division of Water Quality
June14, 2006
Timothy Bailey, PE, Director of Engineering
Town of Cary ti
y
' PO Box 8005
Cary, NC 27512-8005
Subject: Permit No. WQ0029217
' Town of Cary
West Cary Pump Station (Phase 1),
Force Main & White Oak
' Interceptor
Wastewater Collection System
Wake County
Dear Mr. Bailey:
In accordance with your request for modification received March 27, 2006 we are forwarding
herewith Permit No. WQ0029217 dated June 14, 2006, to the Town of Cary for the continued
' construction and operation of the subject wastewater collection extension. This permit shall be
effective from the date of issuance until rescinded, shall void Permit No. W00029217 issued February 13,
2006, and shall be subject to the conditions and limitations as specified therein. This project is for Phase I
of the West Cary Regional project which will serve Western Cary, Morrisville and Southern RTP, Initial flow
' will be to the Durham County treatment plant until a regional plant is constructed. Flow will then be
diverted South to this plant. This modification is to add the gravity sewer interceptor (White Oak) to this
project which includes 2,913 feet of 36 -inch pipe and 7,386 feet of 24 -inch pipe. This completes the
' three phases of the project until the pump station is upgraded and flow is diverted to the new regional
plant.
Please pay particular attention to Permit Condition 3 which requires that the wastewater
collection facilities be properly operated and maintained in accordance with 15A NCAC 2H .0227 or
any individual system -wide collection system permit issued to the Permittee. An Environmental
Assessment has been prepared for this project and a Finding of No Significant Impact (FONSI) has been
' issued by the Department. Construction of this sewer system shall be in accordance with this permit as
well as any other permits issued for this project (sedimentation and erosion control, Nationwide 12,
Wetlands Certifications, etc.) and any other agreed upon special conditions required for issuance of the
' FONSI.
Permitting of this project does not constitute an acceptance of any part of the project that does
not meet 15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design
Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the
Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless
specifically mentioned herein. Division approval is based on acceptance of the certification provided
' by a North Carolina -licensed Professional Engineer in the application. It shall be the Permittee's
responsibility to ensure that the as -constructed project meets the appropriate design criteria and rules.
Failure to comply may result in penalties in accordance with North Carolina General Statute § 143-
215.6A through § 143-215.6C, construction of additional or replacement wastewater collection facilities,
and/or referral of the North Carolina -licensed Professional Engineer to the licensing board.
' One Pretreatment, Emergency Response and Collection Systems Unit Internet http://h2o.enr,nc.state.us/ndpu
hCarolina 1617 Mail Service Center, Raleigh NC 27699-1617 An Equal Opportunity Action Employer
Awally
Telephone (919) 733-5083 Fax (919) 733-0059 50% recycled/ 101/o post -consumer paper
Mr. Bailey
June 14, 2006
Page 2
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of
this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the
North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, NC 27699-6714. Unless such demands are made this permit shall be final and binding.
The Division reorganized. Please see httr)://h2o.enr.state.nc.us/documents/dwa orgchart.pdf
for our new organizational chart. All sewer related matters are now handled through the Pretreatment,
Emergency Response and Collection Systems Unit under the Point Source Branch EXCEPT FOR MOST
FAST-TRACK PERMITTING WHICH IS HANDLED THROUGH OUR REGIONAL OFFICES. The Unit is located on
the 131h floor of the Archdale building in downtown Raleigh. Please ensure the letterhead information is
used for all correspondence to ensure timely delivery.
One set of approved plans and specifications is being forwarded to you. If you need additional
information concerning this matter, please contact Marie Doklovic at (919) 733-5083 extension 371.
Sincerely,
/( Alan W. Klimek, P.E.
cc:
Wake County Health Department
Raleigh Regional Office, Surface Water Protection Section (Durham County WWTP)
Glen Harrell, PE, Town of Cary
Durham County Engineer (120 E. Parrish St., Durham, NC 27701)
Water Quality Central Files
PERCS (formerly NDPU) Files
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
WASTEWATER COLLECTION PERMIT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
TOWN OF CARY
WAKE COUNTY
FOR THE
construction and operation of approximately 450 linear feet of 60 -inch gravity sewer; approximately 400
linear feet of 48 -inch gravity sewer; approximately 5,513 linear feet of 36 -inch gravity sewer;
approximately 7,386 linear feet of 24 -inch gravity sewer; a 2,083 -GPM triplex pump station (3 MGD peak
design flow now with future expansion proposed), on-site audible and visual high water alarms,
wastewater grinder and chemical feed system; approximately 12,000 linear feet of 16 -inch force main
and 5,500 linear feet of 12 -inch force main with no additional discharge of collected wastewater
(currently serving existing flows) into the Town of Cary's and Durham County's existing sewerage system,
pursuant to the application received March 27, 2006 (for force main and 36 -inch gravity sewer), and
subsequent additional information received by the Division, and in conformity with the project plan,
specifications, and other supporting data subsequently filed and approved by the Department of
Environment and Natural Resources and considered.a part of this permit. The original application for the
pump station and gravity sewer was received August 15, 2005 and then modified in February 2006 to
add the force main.
This permit shall be effective from the date of issuance until rescinded, shall void Permit No.
W00029217 issued February 13, 2006, and shall be subject to the following specified conditions and
limitations:
1. This permit shall become void unless the wastewater collection facilities are constructed in
' accordance with the conditions of this permit; 15A NCAC 2H .0200; the Division of Water Quality's
(Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the
Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains
adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned
herein.
2. This permit is effective only with respect to the nature and volume of wastes described in the
application and other supporting data.
3. The wastewater collection facilities shall be properly maintained and operated at all times. The
Permittee shall maintain compliance with an individual system -wide collection system permit for
the operation and maintenance of these facilities as required by 15A NCAC 2H .0227. If an
individual permit is not required, the following performance criteria shall be met as provided in 15A
NCAC 2H .0227:
a. The sewer system shall be effectively maintained and operated at all times to prevent
discharge to land or surface waters, and any contravention of the groundwater standards in
15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200.
b. A map of the sewer system shall be developed and shall be actively maintained.
c. An operation and maintenance plan shall be developed and implemented.
d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e.
365 days a year). Pump stations that are connected to a telemetry system shall be inspected
at least once per week.
e. High-priority sewer lines shall be inspected at least once per every six-month period of time.
f. A general observation of the entire sewer system shall be conducted at least once per year.
g. Inspection and maintenance records shall be maintained for a period of at least three years.
In. Overflows and bypasses shall be reported to the appropriate Division regional office in
accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by
North Carolina General Statute § 143-215.1 C.
4. The sewage and wastewater collected by this system shall be treated in the Durham County
Wastewater Treatment Facility (NPDES Permit No. NC0026051) prior to being discharged into the
receiving stream.
5. This permit is not transferable. In the event the facilities to change ownership, or there is a name
change of the Permittee, a formal permit request must be submitted to the Division of Water
Quality (Division). This request shall be accompanied by documentation from the parties involved
and other supporting materials as may be appropriate. The approval of this request will be
considered on its merits and may or may not be approved.
6. Construction of the sewerage system shall be scheduled so as not to interrupt service by the
existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of
the State.
7. Per 15A NCAC 2H .0220, upon completion of construction and prior to operation of these
permitted facilities, the completed Engineering Certification form attached to this permit shall be
submitted with the required supporting documents to the address provided on the form. A
complete certification is one where the form is fully executed and the supporting documents are
provided as applicable.
8. A copy of the approved plans and specifications shall be maintained on file by the Permittee for
the life of the wastewater collection facilities.
9. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2H .0200; the
Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's
Minimum Design Criteria for the Fast -Track Permitting of Pump Station and Force Mains adopted
June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an
enforcement action by the Division, in accordance with North Carolina General Statutes § 143-
215.6A through § 143-215.6C.
2
1 11. The Permittee shall provide the following items for the sewerage system, as applicable:
' a. Pump on/off elevations located so that 2-8 pumping cycles may be achieved per hour in the
pump station,
b. An air relief valve located at all high points along the force main,
' c. A screened vent for the wet well,
d. Fillets located in the wet well at the intersection of the flooring and side walls,
e. Three feet of cover (minimum) over the sewer line or the use of ferrous material where three
feet cannot be maintained,
' f. Sufficient devices which will protect the pump station from vandals,
g. A pump station sign with identifier, emergency contact telephone number and instructions for
anyone to call if the visual alarm illuminates, if the audible alarm sounds, or if an emergency is
' apparent, and
h. Flood protection if the pump station is located below the 100 -year flood elevation.
i. Adherence with the following minimum separations:
(i) Storm sewers (vertical) 12 inches
' (ii) Water mains (vertical -water over sewer) 18 inches or (horizontal) 10 feet
(iii) In benched trenches (vertical) 18 inches
(iv) Any private or public water supply source, including any WS -1 waters or Class I or Class II
' impounded reservoirs used as a source of drinking water 100 feet
(v) Waters classified WS (other than WS -1), B, SA, ORW, HQW, or SB [from normal high water
(or tide elevation)] 50 feet
' (vi) Any other stream, lake or impoundment 10 feet
(vii) Any building foundation 5 feet
(viii) Any basement 10 feet
(ix) Top slope of embankment or cuts of 2 feet or more vertical height 10 feet
' (x) Drainage systems
(I) Interceptor drains 5 feet
(II) Ground water lowering and surface drainage ditches 10 feet
' (xi) Any swimming pool 10 feet
(xii) Ferrous sewer pipe with joints equivalent to water main standards, shall be used where
these minimum separations cannot be maintained. The minimum separation shall
however not be less than 25 feet from a private well or 50 feet from a public water supply
well;
12. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance
conditions, the Permittee shall take immediate corrective action, including those as may be
required by this Division, such as the construction of additional or replacement wastewater
collection facilities.
13. NONCOMPLIANCE NOTIFICATION:
The Permittee shall verbally report to a water quality staff member at the Raleigh Regional Office,
' telephone number (919) 791-4200, as soon as possible, but in no case more than 24 hours or on the
next working day following the occurrence or first knowledge of the occurrence of either of the
following:
a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage or breakage, etc.; or
b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters
without treatment of all or any portion of the influent to such station or facility.
Voice mail messages or foxed information is permissible but this shall not be considered as the
initial verbal report. Overflows and spills occurring outside normal business hours may also be
reported to the Division of Emergency Management at telephone number (800) 858-0368 or
(919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by
completing Part I of Form CS-SSO (or the most current Division approved form), within five days
following first knowledge of the occurrence. This report shall outline the actions taken or
proposed to ensure that the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO
(or the most current Division approved form) can also be completed to show that the SSO was
beyond control.
14. This permit shall become void unless the agreement between the Town of Cary and Durham
County for the collection and final treatment of wastewater is in full force and effect.
Permit issued this the 14th day of June, 2006
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Alan W. Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WO0029217
4
'
0,
W ATF9QG Michael F. Easley, Governor
William G. Ross Jr., Secretary
=° r North Carolina Department of Environment and Natural Resources
Y s`
Alan W. Klimek, P.E., Director
l't', i = Division of Water Quality
' • — I February 13, 2006
Timothy Bailey, PE, Director of Engineering
Town of Cary
' PO Box 8005
Cary, NC 27512-8005
Subject: Permit No. WQ0029217 Modification
' Town of Cary
West Cary Pump Station and Force Main -
Phase I Pump Station and Northern Force
Main
' Wastewater Collection System
Wake County
Dear Mr. Bailey:
' In accordance with your permit modification application received December 12, 2005, we are
forwarding herewith Permit No. W00029217 dated February 13, 2006, to Town of Cary for the
construction and operation of the subject wastewater collection extension. This permit shall be
effective from the date of issuance until rescinded and shall be subject to the conditions and limitations
as specified therein. This project is for Phase I of the West Cary project which will serve Western Cary,
Morrisville and Southern RTP and initially flow to the Durham County plant until a regional plant is
' constructed and flow is diverted South to this plant. This modification is to add the Northern Force Main
to this project. The permit will be again modified in the future to construct the associated gravity sewer.
' Please pay particular attention to Permit Condition 3 which requires that the wastewater
collection facilities be properly operated and maintained in accordance with 15A NCAC 2H .0227 or
any individual system -wide collection system permit issued to the Permittee. An Environmental
Assessment has been prepared for this project and a Finding of No Significant Impact (FONSI) has been
issued by the Department. Construction of this sewer system shall be in accordance with this permit as
well as any other permits issued for this project (sedimentation and erosion control, Nationwide 12,
Wetlands Certifications, etc.) and any other agreed upon special conditions required for issuance of the
' FONSI.
Permitting of this project does not constitute an acceptance of any part of the project that does
not meet 15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design
Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the
Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless
specifically mentioned herein. Division approval is based on acceptance of the certification provided
' by a North Carolina -licensed Professional Engineer in the application. It shall be the Permittee's
responsibility to ensure that the as -constructed project meets the appropriate design criteria and rules.
Failure to comply may result in penalties in accordance with North Carolina General Statute § 143-
215.6A through § 143-215.6C, construction of additional or replacement wastewater collection facilities,
and/or referral of the North Carolina -licensed Professional Engineer to the licensing board.
One Pretreatment, Emergency Response and Collection Systems Unit Internet http://h2o.enr.nc.state.us/ndpu
NorthCarolina 1617 Mail Service Center, Raleigh, NC 27699-1617 An Equal Opportunity Action Employer
�atura!!� Telephone (919) 733-5083 Fax (919) 733-0059 50%recycled/10"/o post -consumer paper
Mr. Bailey
February 13, 2006
Page 2
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of
this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the
North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, NC 27699-6714. Unless such demands are made this permit shall be final and binding.
The Division reorganized. Please see httr)://h2o.enr.state.nc.us/documents/dwa orachart.r)df
for our new organizational chart. All sewer related matters are now handled through the Pretreatment,
Emergency Response and Collection Systems Unit under the Point Source Branch EXCEPT FOR MOST
FAST-TRACK PERMITTING WHICH IS HANDLED THROUGH OUR REGIONAL OFFICES. The Unit is located on
the 13th floor of the Archdale building in downtown Raleigh. Please ensure the letterhead information is
used for all correspondence to ensure timely delivery.
One set of approved plans and specifications is being forwarded to you. If you need additional
information concerning this matter, please contact Marie Doklovic at (919) 733-5083 extension 371.
Sincerely,
00
Alan W. Klimek, P.E.
cc:
Wake County Health Department
Raleigh Regional Office, Surface Water Protection Section (Durham County Triangle WWTP)
Kenneth Bruce, PE, Brown and Caldwell (5400 Trinity Road, Ste 305, Raleigh, NC 27607)
Durham County Engineer (120 E. Parrish St., Durham, NC 27701)
Water Quality Central Files
PERCS (formerly NDPU) Files
NORTH CAROLINA
' ENVIRONMENTAL MANAGEMENT COMMISSION
' DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
I
WASTEWATER COLLECTION PERMIT
' In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
TOWN OF CARP
' WAKE COUNTY
FOR THE
' construction and operation of approximately 450 linear feet of 60 -inch gravity sewer; approximately 400
linear feet of 48 -inch gravity sewer; approximately 2,600 linear feet of 36 -inch gravity sewer; a 2,083 -
GPM, triplex pump station (3 MGD peak design flow now with future expansion proposed), on-site
audible and visual high water alarms, wastewater grinder and chemical feed system; approximately
12,000 linear feet of 16 -inch force main and 5,500 linear feet of 12 -inch force main with no additional
discharge of collected wastewater (currently serving existing flows) into the Town of Cary's and Durham
' County's existing sewerage system, pursuant to the application received December 12, 2005 (for force
main and 36 -inch gravity sewer), and subsequent additional information received by the Division, and in
conformity with the project plan, specifications, and other supporting data subsequently filed and
approved by the Department of Environment and Natural Resources and considered a part of this
permit. The original application for the pump station and gravity sewer was received August 15, 2005.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
' following specified conditions and limitations:
1. This permit shall become void unless the wastewater collection facilities are constructed in
accordance with the conditions of this permit; 15A NCAC 2H .0200; the Division of Water Quality's
(Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the
Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains
adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned
' herein.
2. This permit is effective only with respect to the nature and volume of wastes described in the
application and other supporting data.
3. The wastewater collection facilities shall be properly maintained and operated at all times. The
Permittee shall maintain compliance with an individual system -wide collection system permit for
the operation and maintenance of these facilities as required by 15A NCAC 2H .0227. If an
individual permit is not required, the following performance criteria shall be met as provided in 15A
NCAC 2H.0227:
a. The sewer system shall be effectively maintained and operated at. all times to prevent
discharge to land or surface waters, and any contravention of the groundwater standards in
15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200.
b. A map of the sewer system shall be developed and shall be actively maintained.
c. An operation and maintenance plan shall be developed and implemented.
d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e.
365 days a year). Pump stations that are connected to a telemetry system shall be inspected
at least once per week.
e. High-priority sewer lines shall be inspected at least once per every six-month period of time.
f. A general observation of the entire sewer system shall be conducted at least once per year.
g. Inspection and maintenance records shall be maintained for a period of at least three years.
h. Overflows and bypasses shall be reported to the appropriate Division regional office in
accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by
North Carolina General Statute § 143-215.1 C.
4. The sewage and wastewater collected by this system shall be treated in the Durham County
Triangle Wastewater Treatment Facility (NPDES Permit No. NC0026051) prior to being discharged
into the receiving stream.
5. This permit is not transferable. In the, event the facilities to change ownership, or there is a name
change of the Permittee, a formal permit request must be submitted to the Division of Water
Quality (Division). This request shall be accompanied by documentation from the parties involved
and other supporting materials as may be appropriate. The approval of this request will be
considered on its merits and may or may not be approved.
6. Construction of the sewerage system shall be scheduled so as not to interrupt service by the
existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of
the State.
7. Per 15A NCAC 2H .0220, upon completion of construction and prior to operation of these
permitted facilities, the completed Engineering Certification form attached to this permit shall be
submitted with the required supporting documents to the address provided on the form. A
complete certification is one where the form is fully executed and the supporting documents are
provided as applicable.
8. A copy of the approved plans and specifications shall be maintained on file by the Permittee for
the life of the wastewater collection facilities.
9. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2H .0200; the
Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's
Minimum Design Criteria for the Fast -Track Permitting of Pump Station and Force Mains adopted
June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an
enforcement action by the Division, in accordance with North Carolina General Statutes § 143-
215.6A through § 143-215.6C.
10. The issuance of this permit does not exempt the Permittee from complying with any and all
statutes, rules, regulations, or ordinances that may be imposed by other government agencies
(i.e., local, state, and federal) having jurisdiction, including but not limited to applicable river
buffer rules in 15A NCAC 2B .0200, soil erosion and sedimentation control requirements in 15A
NCAC Chapter 4 and under the Division's General Permit NCGO10000, and any requirements
pertaining to wetlands under 15A NCAC 2B.0200 and 15A NCAC 2H .0500.
IH. The Permittee shall provide the following items for the sewerage system, as applicable:
a. Pump on/off elevations located so that 2-8 pumping cycles may be achieved per hour in the
pump station,
b. An air relief valve located at all high points along the force main,
' c. A screened vent for the wet well,
d. Fillets located in the wet well at the intersection of the flooring and side walls,
e. Three feet of cover (minimum) over the sewer line or the use of ferrous material where three
feet cannot be maintained,
' f. Sufficient devices which will protect the pump station from vandals,
g. A pump station sign with identifier, emergency contact telephone number and instructions for
anyone to call if the visual alarm illuminates, if the audible alarm sounds, or if an emergency is
' apparent, and
h. Flood protection if the pump station is located below the 100 -year flood elevation.
i. Adherence with the following minimum separations:
(i) Storm sewers (vertical) 12 inches
' (ii) Water mains (vertical -water over sewer) 18 inches or (horizontal) 10 feet
(iii) In benched trenches (vertical) 18 inches
(iv) Any private or public water supply source, including any WS -1 waters or Class I or Class II
' impounded reservoirs used as a source of drinking water 100 feet
(v) Waters classified WS (other than WS -1), B, SA, ORW, HQW, or SB [from normal high water
(or tide elevation)] 50 feet
' (vi) Any other stream, lake or impoundment 10 feet
(vii) Any building foundation 5 feet
(viii) Any basement 10 feet
(ix) Top slope of embankment or cuts of 2 feet or more vertical height 10 feet
' (x) Drainage systems
(I) Interceptor drains 5 feet
(II) Ground water lowering and surface drainage ditches 10 feet
' (xi) Any swimming pool 10 feet
(xii) Ferrous sewer pipe with joints equivalent to water main standards, shall be used where
these minimum separations cannot be maintained. The minimum separation shall
however not be less than 25 feet from a private well or 50 feet from a public water supply
' well;
12. In the event that the' facilities fail to perform satisfactorily, including the creation of nuisance
conditions, the Permittee shall take immediate corrective action, including those as may be
required by this Division, such as the construction of additional or replacement wastewater
collection facilities.
' 13. NONCOMPLIANCE NOTIFICATION:
The Permittee shall verbally report to a water quality staff member at the Raleigh Regional Office,
' telephone number (919) 791-4200, as soon as possible, but in no case more than 24 hours or on the
next working day following the occurrence or first knowledge of the occurrence of either of the
following:
a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage or breakage, etc.; or
' b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters
without treatment of all or any portion of the influent to such station or facility.
Voice mail messages or faxed information is permissible but this shall not be considered as the
initial verbal report. Overflows and spills occurring outside normal business hours may also be
reported to the Division of Emergency Management at telephone number (800) 858-0368 or ,
(919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by
completing Part I of Form CS-SSO (or the most current Division approved form), within five days
following first knowledge of the occurrence. This report shall outline the actions taken or '
proposed to ensure that the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO
(or the most current Division approved form) can also be completed to show that the SSO was
beyond control. '
14. This permit shall become void unless the agreement between the Town of Cary and Durham
County for the collection and final treatment of wastewater is in full force and effect.
Permit issued this the 13th day of February, 2006
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION '
4,016an W. Klimek, P.E., Director '
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0029217 '
' �0f WATFR4
,o
r
a c
1d3a E)N1k193IV1E)N3
AeVo _q0 NM41
I�_ SOO? � z j J0
Uih
I
Timothy Bailey, PE, Director of Engineering
' Town of Cary
PO Box 8005
Cary, NC 27512-8005
Dear Mr. Bailey:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
19, 2005
Subject: Permit No. WQ0029217
Town of Cary
West Cary Pump Station and Force Main -
Phase I Pump Station
Wastewater Collection System
Wake County
In accordance with your permit application received August 15, 2005, and subsequent
additional information received September 14, 2005, we are forwarding herewith Permit No. WQ0029217
dated October 19, 2005, to Town of Cary for the construction and operation of the subject wastewater
' collection extension. This permit shall be effective from the date of issuance until rescinded and shall be
subject to the conditions and limitations as specified therein. This project is for Phase I of the West Cary
project which will serve Western Cary, Morrisville and Southern RTP and initially flow to the Durham
' County plant until a regional plant is constructed and flow is diverted South to this plant. This permit will
be modified in the future to construct the associated gravity sewer and force main for this project.
Please pay particular attention to Permit Condition 3 which requires that the wastewater
' collection facilities be properly operated and maintained in accordance with 15A NCAC 2H .0227 or
any individual system -wide collection system permit issued to the Permittee. An Environmental
Assessment has been prepared for this project and a Finding of No Significant Impact (FONSI) has been
' issued by the Department. Construction of this sewer system shall be in accordance with this permit as
well as any other permits issued for this project (sedimentation and erosion control, Nationwide 12,
Wetlands Certifications, etc.) and any other agreed upon special conditions required for issuance of the
' FONSI.
Permitting of this project does not constitute an acceptance of any part of the project that does
not meet 15A NCAC 2H .0200; the Division of Water Quality's (Division) Gravity Sewer Minimum Design
Criteria adopted February 12, 1996 as applicable; and the Division's Minimum Design Criteria for the
Fast -Track Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless
specifically mentioned herein. Division approval is based on acceptance of the certification provided
' by a North Carolina -licensed Professional Engineer in the application. It shall be the Permittee's
responsibility to ensure that the as -constructed project meets the appropriate design criteria and rules.
Failure to comply may result in penalties in accordance with North Carolina General Statute § 143-
215.6A through § 143-215.6C, construction of additional or replacement wastewater collection facilities,
and/or referral of the North Carolina -licensed Professional Engineer to the licensing board.
ne Pretreatment, Emergency Response and Collection Systems Unit Internet http://h2o.enr.nc.statt.us/ndpu
No Carolina 1617 Mail Service Center, Ralcigh NC 27699-1617 An Equal Opportunity Action Employer
;Vatula` /ly Telephone (919) 733-5083 Fax (919) 733-0059 50% recycled/ I0%post-consumer paper
Mr. Bailey
October 19, 2005
Page 2
If any parts, requirements, or limitations contained in this permit are. unacceptable, you have the
right to request an adjudicatory hearing upon writterj request within thirty (30) days following receipt of
this permit. This request must be in the form of a wriffen petition, conforming to Chapter 150B of the
North Carolina General Statutes, and filed with the Oft ei of Administrative Hearings, 6714 Mail Service
Center, Raleigh, NC 27699-6714. Unless such demand's are made this permit shall be final and binding.
The Division reorganized. Please see httr):/lh2o.enr.state.nc.us/documents/dwq-orachart.c)df
for our new organizational chart. All sewer related matters are now handled through the Pretreatment,
Emergency Response and Collection Systems Unit under the Point Source Branch EXCEPT FOR MOST
FAST-TRACK PERMITTING WHICH IS HANDLED THROUGH OUR REGIONAL OFFICES. The Unit is located on
the 13th floor of the Archdale building in downtown Raleigh. Please ensure the letterhead information is
used for all correspondence to ensure timely delivery.
One set of approved plans and specifications is being forwarded to you. If you need additional
information concerning this matter, please contact Marie Doklovic at (919) 733-5083 extension 371.
Sincerely,
Alan W. Klimek, P.E.
�r
cc:
Wake County Health Department
Raleigh Regional Office, Surface Water Protection Section (Durham County Triangle WWTP)
Kenneth Bruce, PE, Brown and Caldwell (5400 Trinity Road, Ste 305, Raleigh, NC 27607)
Water Quality Central Files
PERCS (formerly NDPU) Files
1
' NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
' DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH y
' WASTEWATER COLLECTION PERMIT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules, and Regulations
' PERMISSION IS HEREBY GRANTED TO
TOWN OF CARY
WAKE COUNTY
FOR THE
construction and operation of approximately 450 linear feet of 60 -inch gravity sewer; approximately 400
linear feet of 48 -inch gravity sewer; and a 2,083 -GPM triplex pump station (3 MGD peak design flow now
' with future expansion proposed), on-site audible and visual high water alarms, wastewater grinder and
chemical feed system with no additional discharge of collected wastewater (currently serving existing
flows) into the Town of Cary's and Durham County's existing sewerage system, pursuant to the
' application received August 15, 2005, and subsequent additional information received by the Division,
and in conformity with the project plan, specifications, and other supporting data subsequently filed
and approved by the Department of Environment and Natural Resources and considered a part of this
permit.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
following specified conditions and limitations:
' 1. This permit shall become void unless the wastewater collection facilities are constructed in
accordance with the conditions of this permit; 15A NCAC 2H .0200; the Division of Water Quality's
' (Division) Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the
Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains
adopted June 1, 2000 as applicable; and other supporting materials unless specifically mentioned
herein.
' 2. This permit is effective only with respect to the nature and volume of wastes described in the
application and other supporting data.
3. The wastewater collection facilities shall be properly maintained and operated at all times. The
Permittee shall maintain compliance with an individual system -wide collection system permit for
the operation and maintenance of these facilities as required by 15A NCAC 2H .0227. If an
individual permit is not required, the following performance criteria shall be met as provided in 15A
NCAC 2H.0227:
a. The sewer system shall be effectively maintained and operated at all times to prevent
discharge to land or surface waters, and any contravention of the groundwater standards in
15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200.
b. A map of the sewer system shall be developed and shall be actively maintained.
c. An operation and maintenance plan shall be developed and implemented.
d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e.
365 days a year). Pump stations that are connected to a telemetry system shall be inspected
at least once per week.
e. High-priority sewer lines shall be inspected at least once per every six-month period of time.
f. A general observation of the entire sewer system shall be conducted at least once per year.
g. Inspection and maintenance records shall be maintained for a period of at least three years.
h. Overflows and bypasses shall be reported to the appropriate Division regional office in
accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by
North Carolina General Statute § 143-215.1 C.
4. The sewage and wastewater collected by this system shall be treated in the Durham County
Triangle Wastewater Treatment Facility (NPDES Permit No. NC0026051) prior to being discharged
into the receiving stream.
5. This permit is not transferable. In the event the facilities to change ownership, or there is a name
change of the Permittee, a formal permit request must be submitted to the Division of Water
Quality (Division). This request shall be accompanied by documentation from the parties involved
and other supporting materials as may be appropriate. The approval of this request will be
considered on its merits and may or may not be approved.
6. Construction of the sewerage system shall be scheduled so as not to interrupt service by the
existing utilities nor result in an overflow or bypass discharge of wastewater to the surface waters of
the State.
7. Per 15A NCAC 2H .0220, upon completion of construction and Prior to operation of these
permitted facilities, the completed Engineering Certification form attached to this permit shall be
submitted with the required supporting documents to the address provided on the form. A
complete certification is one where the form is fully executed and the supporting documents are
provided as applicable.
8. A copy of the approved plans and specifications shall be maintained on file by the Permittee for
the life of the wastewater collection facilities.
9. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2H .0200; the
Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's
Minimum Design Criteria for the Fast -Track Permitting of Pump Station and Force Mains adopted
June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an
enforcement action by the Division, in accordance with North Carolina General Statutes §143-
215.6A through § 143-215.6C.
10. The issuance of this permit does not exempt the Permittee from complying with any and all
statutes, rules, regulations, or ordinances that may be imposed by other government agencies
(i.e., local, state, and federal) having jurisdiction, including but not limited to applicable river
buffer rules in 15A NCAC 2B .0200, soil erosion and sedimentation control requirements in 15A
NCAC Chapter 4 and under the Division's General Permit NCG010000, and any requirements
pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC 2H .0500.
l 1. The Permittee shall provide the following items for the sewerage system, as applicable:
' a. Pump on/off elevations located so that 2-8 pumping cycles may be achieved per hour in the
pump station,
b. An air relief valve located at all high points along the force main,
' c. A screened vent for the wet well,
d. Fillets located in the wet well at the intersection of the flooring and side walls,
e. Three feet of cover (minimum) over the sewer line or the use of ferrous material where three
' feet cannot be maintained,
f. Sufficient devices which will protect the pump station from vandals,
g. A pump station sign with identifier, emergency contact telephone number and instructions for
anyone to call if the visual alarm illuminates, if the audible alarm sounds, or if an emergency is
' apparent, and
h. Flood protection if the pump station is located below the 100 -year flood elevation.
i. Adherence with the following minimum separations:
' (i) Storm sewers (vertical) 12 inches
(ii) Water mains (vertical -water over sewer) 18 inches or (horizontal) 10 feet
(iii) In benched trenches (vertical) 18 inches
(iv) Any private or public water supply source, including any WS -1 waters or Class I or Class II
impounded reservoirs used as a source of drinking water 100 feet
(v) Waters classified WS (other than WS -I), B, SA, ORW, HQW, or SB [from normal high water
(or tide elevation)] 50 feet
' (vi) Any other stream, lake or impoundment 10 feet
(vii) Any building foundation 5 feet
(viii) Any basement 10 feet
(ix) Top slope of embankment or cuts of 2 feet or more vertical height 10 feet
' (x) Drainage systems
(1) Interceptor drains 5 feet
(II) Ground water lowering and surface drainage ditches 10 feet
' (xi) Any swimming pool 10 feet
(xii) Ferrous sewer pipe with joints equivalent to water main standards, shall be used where
these minimum separations cannot be maintained. The minimum separation shall
however not be less than 25 feet from a private well or 50 feet from a public water supply
well;
12. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance
' conditions, the Permittee shall take immediate corrective action, including those as may be
required by this Division, such as the construction of additional or replacement wastewater
collection facilities.
' 13. NONCOMPLIANCE NOTIFICATION:
The Permittee shall verbally report to a water quality staff member at the Raleigh Regional Office,
' telephone number (919) 791-4200, as soon as possible, but in no case more than 24 hours or on the
next working day following the occurrence or first knowledge of the occurrence of either of the
following:
' a. Any process unit failure, due to known or unknown reasons, that renders the facility incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage or breakage, etc.; or
b. Any failure of a pumping station or sewer line resulting in a by-pass directly to receiving waters
without treatment of all or any portion of the influent to such station or facility.
Voice mail messages or faxed information is permissible but this shall not be considered as the
initial verbal report. Overflows and spills occurring outside normal business hours may also be
reported to the Division of Emergency Management at telephone number (800) 858-0368 or
(919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by
completing Part I of Form CS-SSO (or the most current Division approved form), within five days
following first knowledge of the occurrence. This report shall outline the actions taken or
proposed to ensure that the problem does not recur. Per Condition 1(2), Part II of Form CS-SSO
(or the most current Division approved form) can also be completed to show that the SSO was
beyond control.
14. This permit shall become void unless the agreement between the Town of Cary and Durham
County for the collection and final treatment of wastewater is in full force and effect.
Permit issued this the 19th day of October, 2005
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
000,
evo
Alan W. Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number W00029217
Permit No. WQ0029217
' October 19, 2005
ENGINEERS CERTIFICATION
' Partial Final
as a duly registered Professional Engineer in the State of
' North Carolina, having been authorized by the Permittee to observe (periodically, weekly, full time) the
construction of the project,
' Project Name Location and County
hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
' construction such that the construction was observed to be built within substantial compliance and
intent of the Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the
Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Station and Force Mains
adopted June 1, 2000 as applicable, this permit, the approved plans and specifications, and other
supporting materials.
Project Description: approximately 450 linear feet of 60 -inch gravity sewer; approximately
' 400 linear feet of 48 -inch gravity sewer; and a 2,083 -GPM triplex pump station (3 MGD
peak design flow now with future expansion proposed), on-site audible and visual high
water alarms, wastewater grinder and chemical feed system
' Signature Registration No.
' Date
Seal:
The above Engineer's Certification must be completed and submitted to the address below with one
(1) copy of the Record Drawings (i.e., as -constructed plans) of the permitted facilities. This project shall
not be considered complete and allowed to operate until this Engineer's Certification and the Record
Drawings have been submitted. Any wastewater flow made tributary to the permitted facilities prior to
completion of this Engineer's Certification shall be considered a violation of the permit and shall subject
the Permittee to appropriate enforcement actions.
The Permittee is responsible for tracking all partial certifications up until a final certification is received. An overall final certification
' is required with supporting documents even if multiple partial certifications and plans have been submitted.
' NORTH CAROLINA DEPARTMENT OF ENVIRONMENT & NATURAL RESOURCES
DIVISION OF WATER QUALITY
WATER QUALITY SECTION
PRETREATMENT, EMERGENCY RESPONSE & COLLECTION SYSTEMS UNIT
' 1617 MAIL SERVICE CENTER
RALEIGH, NORTH CAROLINA 27699-1617
STATE OF NORTH CAROLINA
COUNTY OF DURHAM
AMENDMENT NO. 1 TO WASTEWATER TREATMENT SERVICE AGREEMENT
THIS AMENDMENT NO. 1 TO WASTEWATER TREATMENT SERVICE
AGREEMENT (hereafter called AMENDMENT NO. 1) is made and entered into this
day of qpcg"by and between the COUNTY OF DURHAM, a
North Carolina Co ty (hereafter "DURHAM COUNTY"), pa of th
the TOWN OF CARY (hereafter CARY party e first part; and
nd part, This
AMENDMENT NO. 1 amends the WASTEWATER TREATMENTSERVICE
AGREEMENT (hereafter AGREEMENT) between DURHAM COUNTY and CARY
dated June 24, 2002.
WITNESSETH:
' THAT WHEREAS, DURHAM COUNTY and CARY previously entered into an
agreement for DURHAM COUNTY to reserve up to 4 million gallons per day (mgd) of
wastewater capacity in the Durham County Triangle Wastewater Treatment Plant
(he reafte r 'Triangle WWTP") for CARY's use; and
WHEREAS, CARY desires to obtain additional wastewater treatment capacity
' at the Triangle WWTP, to allow for additional wastewater treatment service to the
Town of Morrisville, and
' WHEREAS, DURHAM COUNTY has additional capacity available for CARY to
use, and
' WHEREAS, CARY and DURHAM COUNTY also wish to update certain terms
of the AGREEMENT, and
WHEREAS, this AMENDMENT NO. 1 is authorized by the provisions of NCGS
Chapter 160A, Article 20, Sections 460-464 and Chapter 160A, Article 16, Sections
311-323, and Chapter 153A, Sections 158 & 278.
1. PURPOSE
The purpose of this AMENDMENT NO. 1 is to modify the terms and conditions of the
' AGREEMENT.
2. EFFECTIVE DATE/TERM OF AMENDMENT NO. 1
This AMENDMENT NO. 1 shall become binding upon the parties hereto upon the
execution and ratification of this AMENDMENT NO. 1 by the governing boards of
' DURHAM COUNTY and CARY. This AMENDMENT NO. 1 shall have the same term
as the AGREEMENT.
3. MODIFICATIONS TO AGREEMENT
The sections below specify the modified terms and conditions, and reference the
affected sections of the AGREEMENT. Any portions of the AGREEMENT or portions
thereof which are not addressed here are unchanged by this AMENDMENT NO. 1.
3.1. LENGTH OF INITIAL SERVICE
This affects AGREEMENT sections 3.1, 3.2, 3.9, 4.1.2, 4.1.3, and 8. DURHAM
COUNTY will accept and treat wastewater from CARY through at least December
31, 2010. DURHAM COUNTY will accept and treat wastewater from CARY
beginning January 1, 2011 in annual amounts to be determined at least 5 years in
advance. The annual amounts after December 21, 2010 will depend on re-
evaluations of DURHAM COUNTY's capacity and CARY's needs. The annual
amounts to be treated in the years after 2010 will be documented by Letters of
Agreement between the County Manager of DURHAM COUNTY and the Town
Manager of CARY. The first letter of Agreement will be entered into no later than
July 1, 2007 for the period January 1, 2011 through December 31, 2015.
3.2. WASTEWATER FLOWS
This affects AGREEMENT sections 3.1, 3.2, 4.1.2, 4.2.2, 6.1.2 and 6.1.3.
DURHAM COUNTY will accept and treat 5.0 mgd of wastewater from CARY, on
an average monthly basis, beginning no later than July 1, 2005, and through at
least December 31, 2010. Prior to January 1, 2011, CARY will limit its daily
wastewater flows to DURHAM COUNTY to no more than:
3.2.1. 5.0 mgd on a monthly average basis
3.2.2. 10.0 mgd on a daily basis
3.2.3. 15.0 mgd per day or 67 percent of the hydraulic capacity of the gravity
sewer (before upsizing to accommodate Durham County's flows) as
described in Section 4.4.1(d) of AGREEMENT, whichever is the lesser
amount, on an hourly basis.
3.3. FLOW SURCHARGE
This affects AGREEMENT section 6.1.2. For any period where the wastewater
flow volume from CARY exceeds the amounts specified in the table below, prior
to January 1, 2011, there may be a surcharge for the volume of flow that exceeds
the threshold flow volume.
Averaging
Periods
Threshold Volume Above Which Surcharge
Applies (1,000 gallons)
Monthly
5,000 times the number of days in a month
Daily
6,875
Hourly
416
3.4. WASTEWATER QUALITY
This affects AGREEMENT section 4.2.2. Cary agrees to limit the wastewater flow
it sends to DURHAM COUNTY to the concentrations and mass limits listed in the
following table.
or
tic
Concentration
Limit (mg/1)
Mass Limit
(pounds per day)
jrpao
345
8,006
250
Not applicable
0.000142
Not applicable
Total Suspended
Solids
250
::8,6:47
TN
80
1,801
NH3-N
27.5
Not applicable
Total
Phosphorus
25
328
3.5. INDUSTRIAL USER PRETREATMENT PERMIT
This is an addition to the Agreement. If required by the North Carolina Division of
Water Quality, DURHAM COUNTY will issue an Industrial User Pretreatment
(IUP) Permit to CARY. DURHAM COUNTY and CARY agree that the Agreement,
as amended herein and by any future amendments, includes the provisions
necessary for both parties to operate their wastewater systems within their
respective regulatory requirements. Both parties agree that the IUP Permit
regulatory process will not be the primary means for addressing any water quality
issues that may arise at the Triangle WWTP due to the wastewater inflow from
CARY, but that DURHAM COUNTY and CARY, while meeting their respective
regulatory requirements, will work together collaboratively to identify and resolve
any potential water quality issues.
3.6. WATER QUALITY SURCHARGE
This replaces section 6.1.3 of the AGREEMENT. For any month where the
average of the concentrations of samples taken during that month for specified
constituents in CARY's wastewater exceeds the thresholds shown in the table
below, a surcharge may be applied. The surcharge shall be applied to the
difference between CARY's actual mass loading (in pounds) and the threshold
loading. CARY's actual mass loading for each month shall be calculated by
multiplying the total volume of flow for the month by the average of the
concentration of samples taken during that month. The threshold loading shall be
calculated by multiplying the total volume of flow for the month by the threshold
concentration as listed below. The surcharge rate shall be as set forth in
DURHAM COUNTY's Sewer Use Ordinance.
r-drdrneierI
nreshold Concentration Above Which Surcharge
Applies (mg/1)
BOD5
345
Total Suspended
Solids
180
TN
40
Total Phosphorus
5
3.7. CAPITAL CHARGE
The table below replaces the table in Part 3 of Attachment No. 1 of the
AGREEMENT.
Item
Estimate or
Fixed or Subject to
Assumption
Adjustment to Actual
Cost
$43,888,900
Adjust to Actual
rest Schedule On
5%; 20 years
Adjust to Actual
rpital
manent Financing
urn on Investment
5%
Fixed
e
4, Depreciation Schedule
straightline; period
Adjust to Actual
consistent with
DURHAM COUNTY
asset management
5. Opportunity Cost
10%
Fixed
3.8.0 & M CHARGES
This affects AGREEMENT section 6.1.1(b)(i). A markup of fifteen percent (15%)
will be added to the O&M COSTS to account for DURHAM COUNTY's indirect
costs associated with the Triangle WWTP, and to account for the operation and
maintenance of the conveyance facilities as described in AGREEMENT sections
' 4.4.1(c), 4.4.1(d) and 4.4.1(e).
3.9. PAYMENT SCHEDULE
' This affects Section 7.1.1. CARY will be obligated to begin payment to DURHAM
COUNTY of the CAPITAL CHARGE for 4.0 mgd of maximum month capacity per
Section 6.1.1(a) of the AGREEMENT upon completion of construction and
' issuance of written approval by North Carolina Department of Environment and
Natural Resources (NCDENR) to operate the Triangle WWTP at a capacity of 12
mgd, subject to the notification provision in Section 4.1.1 of the AGREEMENT.
CARY will be obligated to begin payment to DURHAM COUNTY of the CAPITAL
CHARGE for 1.0 mgd of maximum month capacity per Section 6.1.1(a) of the
AGREEMENT upon the earlier of 1) Engineer's Certification and Final Approval of
' the facilities needed to convey raw wastewater from the Town of Morrisville to the
Kit Creek Pump Station, or 2) July 1, 2005.
IN TESTIMONY WHEREOF, DURHAM COUNTY has caused this AMENDMENT
NO. 1 to be executed by its County Manager, all by the authority of the Durham
County Board of Commissioners, its official seal affixed and attested to by the Clerk
to the Board, and CARY has caused this AGREEMENT to be executed by its Mayor,
their corporate seal to be affixed and attested to by its Clerk, all by the authority of
the Cary Town Council, on the day and year first written above.
The Durham County Board of Commissioners, meeting in regular session on
June 27, 2005 did approve this AMENDMENT NO. 1 TO WASTEWATER
TREATMENT SERVICE AGREEMENT dated /, aoC5
County of Durham
County Manager I
Witness �y '�'"
.' X
Clerk
(SEAL) I
This has been preaudited in accordance with the provisions of the Local Government I Budget and Fiscal Control Act.
Finance O icer, County of Durham '
The Town Council of the Town of Cary, meeting in regular session on
lune 9 , 2005, did approve this AMENDMENT NO. 1 TO
WASTEWATER TREATMENT SERVICE AGREEMENT dated Juli
2005.
Town of Cary
"Y*-rawn /►?ana qcr
Witness ZA I'
D e 7
rk
C
(SEAL)
This has been preaudited in accordance with the provisions of the Local Government
Budget and Fiscal Control Act.
F�� ec Officer, Town of Cary
Attachment 11
NC DOT Driveway Permit
NC DOT Encroachment Agreement
STATE OF NORTH CAROLINA
'DEPARTIV�NI' OF TRANSPORTATION MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR SECRETARY
D
October 8, 2007_
F .r ! t
OrT2&2"07
' COUNTY: Wake
SUBJECT: Application for Driveway Entrance onto SR 1615 TOWN OF CARY
Permit Number D51-40-07-110 ENGINEERING DEPT.
Town of Cary
318 North Academy Street
Cary, NC 27513
Dear Sir or Madam,
Attached for your file is a copy of the Driveway Permit which you requested.
This permit is approved with the understanding the applicant is responsible for the
proper construction of the above drive in accordance with the permit application,
approved plans and the attached Standard and Special Provisions.
APPROVED FOR CONSTRUCTION
Should you have any questions, please contact Mr. Reid Elmore at (919) 733-3213.
Sincerely
T. R. Elmore
District Engineer
TRE/djw
Attachment
cc: Mr. J. W. Bowman, PE, Division
Wake County Maintenance
D51-40-07-110 4009 District Drive, Raleigh, North Carolina 27607
Driveway Permit Special Provisions
1. NCDOT WORK ZONE TRAFFIC CONTROL QUALIFICATIONS AND TRAINING
PROGRAM: The North Carolina Department of Transportation is in the process of developing a
Work Zone Traffic Control Qualification and Training program that will begin its implementation in
2008. This program will require qualified and trained Work Zone Traffic Control Supervisors on
Significant Projects, qualified and trained Work Zone Traffic Control Installers on every traffic
control installation, and qualified and trained Work Zone Flaggers in every flagging operation. It is
intended for the program to include anyone working within NCDOT Right of Way including work
associated with NCDOT construction and encroachment agreements as well as all NCDOT
operations.
Training for this certification will be provided by NCDOT approved training sources and/or private
entities that have been pre -approved to train themselves. Additional information will be provided as
this program progresses. If you have any questions, visit our website at www.ncdot.org/—wztc, or
contact Meredith McDiarmid with NCDOT Work Zone Traffic Control Unit at (919) 2504159 or
mmcdiarmid@dot.state.nc.us.
2. Approval is for one full access driveway onto SR 1615 as shown on approved plans received in our
office August 6, 2007.
3. When the project has been completed for a period of one year, upon written request by the
Encroacher to the District Engineer, a final inspection and review will be conducted by NCDOT,
and if all work is found to be satisfactory, NCDOT will issue an acceptance letter to the encroacher.
4. Any personnel or equipment working within five feet of a travel lane shall require a full lane closure.
No lane closure will be allowed between the hours of 6:00 AM to 9:00 AM and 4:00 PM to 7:00 PM
Monday thru Friday.Traffic shall be maintained at all times. Any violation of these hours will result
in termination of the Driveway Permit and liquidated damages in the amount of $2,000.00 per hour
or any portion there of will be assessed by the District Engineers Office.
5. Any future development, subdivision of lots or attachment to SR 1615 will require review and
approval by NCDOT. Roadway improvements may be required. This will be determined by the
traffic conditions at the time of the future development.
6. Sight distance shall be free and clear of any debris, foliage and or earth material for a minimum
distance of 550 feet from the proposed driveways on SR 1615. Vegetation removal and/or grading
maybe necessary to achieve the required site distance. If the sight distance requirement is not
achieved NCDOT reserves the right to close this access.
7. The permitee is responsible for insuring that the water collected in the ditches or curb sections along
the proposed driveway does not cause any erosion and / or flooding on the NCDOT right of way
along SR 1615.
8. The encroaching party shall comply with all applicable federal, state, and local environmental
regulations, and shall obtain all necessary federal, state, and local environmental permits, including
but not limited to, those related to sediment control, stormwater, wetland, streams, endangered
species, and historical sites.
9. Approval of the driveway permit does not constitute review and approval of streets for NCDOT
maintenance. If addition of streets to the state system is desired, plans for review and a petition for
addition shall be submitted to the District Engineer's office. For further information, contact Mr.
Joseph Turner, Assistant District Engineer, at (919) 733-3213.
10. All lots/outparcels shall be served internally, with no additional accesses onto SR 1615. This
condition shall be conveyed in any buy, sell, lease, rent, or subdivision agreement.
D51-40-07-110 Page 2 of
11. It shall be the responsibility of the permittee to determine the location of utilities within the
' encroachment area prior to beginning work. The permittee shall be responsible for notifying other
utility owners and providing protection and safeguards to prevent damage or interruption to existing
facilities and maintain accessibility to existing utilities. The permittee shall be responsible for
' facilitating the relocation of all utilities mandated by the project.
12. An executed copy of this Driveway Permit shall be present at the construction site at all times during
construction. NCDOT reserves the right to stop all work unless evidence of approval can be shown.
' 13. Changes noted in red on the plans shall be incorporated into and made a part of the approved permit.
14. Notify the Town of Cary prior to beginning work.
' 15. Backfill material is to be placed at a maximum depth of 6 inch loose layers and each layer
thoroughly compacted.
' 16. All embankment backfill shall be compacted to 95% density and all subgrade to 100% density in
accordance with AASHTO T-99 as modified by NCDOT.
' 17. The permittee shall grade and re -seed all disturbed areas according to NCDOT Standards.
18. Entrance radius shall be as shown on the approved plans.
' 19. Any existing paved shoulder that does not meet the required pavement structure shall be sawcut and
removed before the proposed driveway entrance is attached.
t 20. A '/, inch per foot pavement slope based on the existing centerline grade is required. In addition, a
smooth transition must be maintained along areas of superelevation. The proposed widening may
necessitate wedging or resurfacing one half of the roadway to accomplish this requirement. Widened
areas less than 6 feet wide shall utilize a full depth asphalt pavement design.
t21. Entrance width shall be as shown on the approved plans.
22. Driveway pipe shall be installed as necessary to maintain existing drainage patterns. Driveway pipe
' shall be Reinforced Concrete Pipe with a minimum inside diameter of 18 inches.
23. Any existing driveways or curb and gutter that are damaged during construction shall be repaired to
' their original condition. Any existing pavement markings that are obliterated shall be replaced. All
pavement markings shall be thermoplastic.
24. All temporary and final pavement markings shall be the responsibility of the Permittee. All
' pavement markings shall be thermoplastic unless otherwise approved by NCDOT.
25. Excavations within 500 feet of a signalized intersection will require notification by the encroacher to
Steve Johnson, Division Traffic Engineer at 919-560-6858. All traffic signal detection cables must
' be located prior to excavation.
26. All traffic signs shall be located/relocated according to NCDOT Standards.
' 27. Excavated areas adjacent to the pavement having more than a two inch drop shall be made safe with
a 6:1 or flatter slope and shall be designated by appropriate delineation during periods of
construction inactivity, including, but not limited to, night and weekend hours.
' 28. Excavations adjacent to the roadway shall not be left open overnight.
29. No parking or material storage shall be allowed along the shoulders of any NCDOT roadways.
' 30. All traffic control shall be in accordance with the MUTCD and NCDOT Standards.
' D51-40-07-1 10 Page 3 of 6
31. All power poles shall be located/re-located out of the clear recovery zone and sight triangles. I
D51-40-07-110 Page 4 of 6
Driveway Permit Standard Provisions
1. An executed copy of this driveway permit will be present at the construction site at all times during
construction. NCDOT reserves the right to stop all work unless evidence of approval can be shown.
2. All materials and construction shall be in accordance with NCDOT standards and specifications,
including but not limited to, the NCDOT Standard Specifications for Roads and Structures 2002, the
' NCDOT Roadway Standards Drawings, and NCDOT Policies and Procedures for Accommodating
Utilities on Highway Rights of Way.
3. Permittee shall notify all property owners within the project limits prior to construction.
' 4. The traveling public will be warned of construction with complete and proper signing and traffic
control devices in accordance with the current Manual on Uniform Traffic Control Devices
' (MUTCD). No work shall be performed in the Right of Way unless this requirement is satisfied.
NCDOT reserves the right to require a written traffic control plan for encroachment operations.
NCDOT reserves the right to further limit, restrict, or suspend operations within the Right of Way if,
in the opinion of NCDOT, safety or traffic conditions warrant such action.
' 5. NCDOT does not guarantee the Right of Way on this road, nor will it be responsible for any claim
for damages brought by any property owner by reason of the installation. All Right of Way and
easements necessary for construction and maintenance shall be dedicated to NCDOT with proof of
' dedication furnished to the District Engineer prior to beginning work.
6. Two-way traffic shall be maintained at all times.
' 7. No lane of traffic shall be closed or restricted before 9:00 a.m. or after 4:00 p.m.
8. NCDOT reserves the right to further limit, restrict, or suspend operations within the Right of Way if,
' in the opinion of NCDOT, safety or traffic conditions warrant such action.
9. The Traffic Services Supervisor shall be notified at (919) 477-2914 in Durham prior to beginning
work on the Right of Way if there are existing NCDOT signs, traffic signals, or signal equipment in
or near the proposed work zone. Costs to relocate, replace, or repair NCDOT signs, signals, or
associated equipment shall be the responsibility of the Permittee.
10. All erosion control devices and measures shall be constructed, installed, maintained, and removed by
the Permittee in accordance with all applicable Federal, State, and Local laws, regulations,
ordinances, and policies. All earth areas shall be re -graded and seeded in accordance with NCDOT
Standards and Specifications.
11. When surface area in excess of one acre will be disturbed, the Permittee shall submit a Sediment and
Erosion Control Plan which has been approved by the appropriate regulatory agency or authority
prior to beginning any work on the Right of Way. Failure to provide this information shall be
grounds for suspension of operations.
12. Notify the District Engineer's Office at (919) 733-7759, 4009 District Drive, Raleigh, North Carolina
27607, prior to beginning work.
13. The District Engineer shall be notified in writing at 4009 District Drive, Raleigh, North Carolina
27607, upon completion of work associated with this agreement.
14. It shall be the responsibility of the Permittee to determine the location of other utilities within the
encroachment area. The Permittee shall be responsible for notifying other utility owners and
providing protection and safeguards to prevent damage or interruption to existing facilities and to
maintain accessibility to existing utilities.
D51 -40-07-I 10
Page 5 of 6
15. The entrance grade is to be constructed in accordance with figure 16 (attached).
16. At the end of each working day, equipment shall be parked a minimum of 30 feet from the edge of
any travel lane.
17. Any drainage structure and/or curb and gutter disturbed or damaged shall be replaced to its original
condition at the discretion of the District Engineer.
18. All earth areas disturbed shall be regraded and reseeded in accordance with Division of Highways
Standards and Specifications.
19. All curb cuts and ramps should conform to the NCDOT Standard 848.05 for curb cuts and ramps.
20. Excavated areas adjacent to pavement having more than a 2" drop shall be safed up at a 6:1 or flatter
slope and designated by appropriate delineation during periods of inactivity, including, but not
limited to, night and weekend hours.
21. Excavated material shall not be placed on the roadway at anytime.
22. Please note that approval of the driveway permit does not constitute review or approval of utilities or
sidewalk by NCDOT. Plans and a completed encroachment agreement shall be submitted to the
District Engineer's office for review and approval.
23. It is the responsibility of the owner/agent to secure any construction easements (temporary or
permanent) from property owners affected by the construction limits.
24. All property owners within the project limits shall be notified in writing prior to construction.
25. All right of way and easements necessary for construction and maintenance shall be dedicated to
NCDOT with proof of dedication furnished to the District Engineer prior to beginning work.
135t40-07-1 10 Page 6 of 6
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Agi.61A�a L 1
APPLICATION IDENTIFICATION
,N.C.- DEPARTMENT OF TRANSPORTATION
STREET AND DRIVEWAY. ACCESS
DrivewayDate
of 7/20/2007
Permit No.
lication
-��
E!11
'
Wake
CountF
L; L> U
ID
[Development Name: Bachelor Branch Interceptor
LOCATION OF,PROPERTY:
Route/Road: SR1615
Exact Distance 400 ❑ Miles N S E W :. Division of Highways
hist 1— Div. 5
® Feet El El 11®
From the Intersection of Route No. SR 1605 and Route No. SRI 615 Toward SR 1707
Property Will Be Used For: ❑ Residential /Subdivision ❑ Commercial ❑ Educational Facilities ❑ TND ❑ Emergency Services 0 Other
Property: 0 is ❑ is not within Cary City Zoning Area.
AGREEMENT...
• I, the undersigned property owner, request access and permission to construct driveway(s) or street(s) on public right-
of-way at the above location.
• I agree to construct and maintain driveway(s) or street entrance(s) in absolute conformance with the current "Policy on
Street and Driveway Access to North Carolina Highways" as adopted by the North Carolina Department of
Transportation.
• I agree that no signs or objects will be placed on or over the public right-of-way other than those approved by NCDOT.
• I agree that the driveway(s) or street(s) will be constructed as shown on the attached plans.
• I agree that that driveway(s) or street(s) as used in this agreement include any approach tapers, storage lanes or
speed change lanes as deemed necessary.
• I agree that if any future improvements to the roadway become necessary, the portion of driveway(s) or street(s)
located on public right-of-way will be considered the property of the North Carolina Department of Transportation, and
I will not be entitled to reimbursement or have any claim for present expenditures for driveway or street construction.
• I agree that this permit becomes void if construction of driveway(s) or street(s) is not completed within the time
specified by the "Policy on Street and Driveway Access to North Carolina Highways".
• I agree to pay a $50 construction inspection fee. Make checks payable to NCDOT. This fee will be reimbursed if
application is denied.
• I agree to construct and maintain the driveway(s) or street(s) in a safe manner so as not to interfere with or endanger
the public travel.
• I agree to provide during construction proper signs, signal lights, flaggers and other warning devices for the protection
of traffic in conformance with the current "Manual on Uniform Traffic Control Devices for Streets and Highways" and
Amendments or Supplements thereto. Information as to the above rules and regulations may be obtained from the
District Engineer.
• I agree to indemnify and save harmless the North Carolina Department of Transportation from all damages and claims
for damage that may arise by reason of this construction.
• I agree that the North Carolina Department of Transportation will assume no responsibility for any damages that may
be caused to such facilities, within the highway right-of-way limits, in carrying out its construction.
• I agree to provide a Performance and Indemnity Bond in the amount specified by the Division of Highways for any
construction proposed on the State Highway system.
• The granting of this permit is subject to the regulatory powers of the NC Department of Transportation as provided by
law and as set forth in the N.C. Policy on Driveways and shall not be construed as a contract access point.
• I AGREE TO NOTIFY THE DISTRICT ENGINEER WHEN THE PROPOSED WORK BEGINS AND WHEN IT IS
COMPLETED.
2004-01 NOTE: Submit Four Copies of Application to Local District Engineer, N.C. Department of Transportation TEi3 65-04rev.
61-03419
, 1 '
SIGNATURES OF APPLICANT
PROPERTY OWNER (APPLICANT)
WITNESS
COMPANY Town of Cary
NAME
NeiaW Maynard
SIGNATURE
SIGNATURE
ADDRESS P.O. Box 8005
ADDRESS
P.O. Box 8005
Cary, NC 27512-8005 Phone No.
4694030
Cary, NC 27512-8005
AUTHORIZED AGENT
WITNESS
COMPANY Same as above
NAME
SIGNATURE
SIGNATURE
ADDRESS
ADDRESS
Phone No.
APPROVALS
APPLICATION RECEIVED BY DISTRICT ENGINEER
j
U 2007 ✓�
1 .
SIGNATURE
DATE
Division of Highways
APPLICATION APPROVED BY LOCAL GOVERNMENTAL AUTHORITY (when required)
-20 -
SIGNATURE
TITLE
DATE
APPLICATION APPROVED BY DISTRICT ENGINEER
SIGNATURE
DATE
INSPECTION BY NCDOT
SIGNATURE
TITLE
DATE
COMMENTS:
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MICHAEL F. EASLEY
' GOVERNOR
♦ �A� O
STATE OF NORTH CAROLINA
DEPARTWNT OF TRANSPORTATION
August 27, 2007
County: Wake
Subject: Encroachment Contract
42" Encasement Pipe w/ 30" Carrier Pipe
SR 1615
E51-40-07-0590
LYNDO TIPPETT
SECRETARY
Jr
t,UG 2 9 2007
Town of Cary fGWN OF CAV
P.O. Box 8005 Y
ENGINEERING DEPT,
Cary, NC 27512
Dear Sir or Madam,
Attached for your files is a copy of Right of Way Encroachment Agreement, which has been properly
executed. This contract covers the following:
42" Encasement Pipe w/ 30" Carrier Pipe
CROSSING BY BORE ONLY / NO OPEN PAVEMENT CUTS ALLOWED.
This encroachment is approved subject to the Standard and Special Provisions which are attached to and
made a part of the Encroachment Contract.
Sincerely,
T. R. Elmore
for J. W, Bowman, PE, Division Engineer
J W B/TRE/jls
CC: Mr.Robert Memory, State Utility Agent, Utility Coordination Unit (w/orig.)
Mr. T. R. Elmore, District Engineer (w/copy)
Town of Cary
Attachment
IE51-40-07-0590
2612 N. Duke Street, Durham, North Carolina 27704
Encroachment Special Provisions
When the project has been completed for a period of one year, upon written request by the
Encroacher to the District Engineer, a final inspection and review will be conducted by NCDOT,
and if all work is found to be satisfactory, NCDOT will issue an acceptance letter to the encroacher.
2. No lane of traffic shall be closed or restricted between the hours of 6:00 AM to 9:00 AM and 4:00
PM to 7:00 PM Monday through Friday. Traffic shall be maintained at all times. Any violation of
these hours will result in termination of the encroachment agreement and liquidated damages in the
amount of $2,000.00 per hour or any portion there of will be assessed by the District Engineers
0: ice.
3. ingress and egress shall be maintained to all businesses and dwellings at all times.
4. This encroachment agreement only covers work within NCDOT Right -of -Way.
5. The encroacher is responsible for verifying all right of way. If the right of way was not obtained by
the fee simple method, it is the responsibility of the encroacher to obtain permission from the
underlying property owner/ owners.
6. Any/all changes noted in red on the plans shall be incorporated into and made part of the approved
permit.
7. All materials and workmanship shall conform to the N.C. Department of Transportation's Standards
and Specifications Manuals.
8. The Encroacher shall notify the public and all adjacent property owners and businesses a minimum
of 2 weeks prior to beginning work.
9. The encroaching party shall comply with all applicable state and federal environmental regulations,
and shall obtain all necessary state and federal environmental permits, including but not limited to,
those related to sediment control, stormwater, wetland, streams, endangered species, and historical
sites.
10. Notify the Town of Cary prior to starting work.
11. The proposed work is located within the Town of Cary's jurisdiction, The encroacher shall
coordinate inspection with David Johnson at (919) 462-3832.
12. Existing drainage patterns shall be maintained at all times throughout the proposed construction. The
encroacher shall keep the roadway clean of dirt and debris at all times throughout the duration of the
project.
13. Excavated material shall not be placed on the roadway at any time.
14. Excavations adjacent to the roadway shall not be left open overnight.
15. Backfill material is to be placed at a maximum of 6 inch loose layers and each layer thoroughly
compacted. All embankment backfill shall be compacted to 95% density and all subgrade to 100%
density in accordance with AASHTO T-99 as modified by NCDOT.
16. The Encroacher shall grade and re -seed all disturbed areas according to NCDOT Standards.
17. Underground utilities may cross perpendicularly but not run longitudinally under the pavement.
E51-40-07-0590 Page 2 of 6
DISBURSEMENT VOUCHER
TOWN OF CARY
November 4, 2008
TCR NC Const./Panther Creek LP
3737 Glenwood Ave
Suite 330
Raleigh NC 27612
Attn: Rob Coleman
Engineering
010-0000-220-0101
1 Release of financial guarantee for completion of the street lights on $15,000.00
McCrimmon Parkway and Highcroft Drive associated with the Alexan
Panther Creek Apartments Proiect (TOC # 06 -SP -092)
The authorizing department certifies that the goods
or services specified above have not been
previously authorized, and the expenditure is a
proper charge to the account indicated. The above
is certified for payment.
Total 1 $15,000.00
18. Pavement cuts made to expose existing utilities shall be 2 feet by 2 feet or less and out of the wheel
' path as much as possible. All cuts shall be repaired the same day they are made with 10 inches of
Bituminous Concrete Base Course Type B25.0B and 2.5 inches of Bituminous Concrete Surface
Course Type S9.5B.
' 19. Manhole rings and covers, valve covers, handholes, and storm drainage grates and frames shall be of
the traffic bearing types approved by NCDOT for use within highway Rights of Way.
20. All traffic bearing splice boxes, manholes, handholes and other appurtenances within NCDOT right
of way shall be of a NCDOT approved design for HS -20 loading and be flush mounted. Manholes,
handholes and/or vaults shall not be placed in the ditch line, side slopes of the ditches or in the
pavement.
' 21. Any existing driveways, curb and gutter or drainage structures that are damaged during construction
shall be repaired to their original condition.
' 22. Pre -cast concrete manholes, handholes, catch basins, or drainage structures shall be of the type pre -
approved by NCDOT for use within highway Rights of Way.
' 23. All temporary and final pavement markings, reflective pavement markings and signage are the
responsibility of the Encroacher. All final pavement markings shall be thermoplastic. Any pavement
markings that are damaged or obliterated shall be restored.
' 24. Excavation within 500 feet of signalized intersection will require notification by the encroacher to
Steve Johnson, Division Traffic Engineer at 919-560-6856. All traffic signal or detection cables
must be located prior to excavation.
' 25. The encroacher shall remove all trees, stumps and vegetative material from the right of way and
dispose of in a licensed landfill or disposal site. After the removal of all material and the installation
of the proposed fill the encroacher shall restore and re -seed the shoulders, ditches, slopes and all
' disturbed areas in accordance with NCDOT Standard Specifications for Roads and Structures 2006.
26. Excavated areas adjacent to pavement having more than a 2 inch drop shall be made safe with a 6:1
' or flatter slope and shall be designated by appropriate delineation during periods of construction
inactivity, including, but not limited to, night and weekend hours.
27. No parking or material storage shall be allowed along the shoulders of any NCDOT roadways.
28. All excavations inside the theoretical 1:1 slope from the existing edge of pavement to the bottom of
the nearest excavation wall should be made in accordance with the following conditions. Traffic
should be moved to a travel lane outside the limits of a theoretical one-to-one slope from the bottom
of the nearest trench wall to the pavement surface. Active excavation shoring, such as sheet piling,
shall be installed. The design of the shoring shall include the effects of traffic loads. The shoring
system shall be designed and sealed by an engineer registered in North Carolina. Trench boxes shall
not be accepted as shoring. The trench backfill material should meet the Statewide Borrow Criteria.
29. Any work requiring equipment or personnel within 5 feet of any travel lane shall require a full lane
closure with appropriate tapers.
30. All Traffic signs moved shall be reinstalled as soon as possible to meet NCDOT specifications.
31. All traffic control must conform to the latest edition of The Manual on Uniform Traffic Control
Devices and NCDOT Standards. Sidewalk closures shalt be installed as necessary. Pedestrian traffic
shall be detoured around these closures and shall be signed appropriately and in accordance with The
American with Disabililties Act Accessibility Guidelines, All intermediate contract times shall be
adhered to.
E51-40-07-0590 Page 3 of 6
32. Strict compliance with the Policies and Procedures for Accommodating Utilities on Highway Right
of Way manual shall be required.
33. It shall be the responsibility of the Encroacher to determine the location of utilities within the
encroachment area prior to beginning work. The Encroacher shall be responsible for notifying other
utility owners and providing protection and safeguards to prevent damage or interruption to existing
facilities and maintain accessibility to existing utilities. The encroacher shall be responsible for
facilitating the relocation of all utilities mandated by the project.
34. The proposed utility crossing is to be a minimum depth of 3 feet below the roadway travel surface
when using the conventional bore method.
35. The proposed utility shall be placed a minimum distance of 3 feet from the edge of pavement or back
of curb for installation parallel to the roadway when plowing or trenching.
36. The proposed utility shall be placed at a minimum depth of 3 feet for installation parallel to the
roadway when plowing or trenching.
37. Directional drilling methods have not been given Statewide approval for use on NCDOT right of
way. Under no condition shall jetting alone or wet boring with water of utility pipelines be allowed.
Directional boring using jetting with a Bentonite (or equivalent material) slurry is approved for this
installation at a minimum depth of ten (10) feet below the pavement surface (fifteen (15) feet below
the surface of partial and /or full controll of access roads) and 5' below any ditch line. Any parallel
installation utilizing the directional boring method shall be made at a minimum depth of three (3)
feet (cover) below the ground surface and outside the theoretical 1:1 slope from the existing edge of
pavement where the parallel installation crosses a paved roadway. The tip of the drill string shall
have a cutter head. Detection wire shall be installed with non-ferrous material. Any changes shall be
submitted to the District Engineer prior to any consideration.For multiple conduit installations
(including perpindicular and parallel installations), install conduits with five (5) feet horizontal
seperation between each condiut or install multiple conduits with a single duct. An overbore shall not
be more than two (2) inches greater than the diameter of the pipe, encasement, or duct. An overbore
exceeding two (2) inches greater than the diameter of the pipe, encasement, or duct will be
considered if the encroachment agreement includes a statement signed and sealed by a North
Carolina Registered Professional Engineer indicating that an overbore in excess of two (2) inches of
the diameter of the pipe, encasement, or duct will arch and no damage will be done to the pavement
or subgrade. HDPE Pipe installed by directional boring shall not be connected to existing pipe or
fittings for one week from the time of installation to allow tensional stresses to relax.
38. All tapping for water services and sanitary sewer attachments shall be made prior to paving the area
to be widened/overlayed.
39. At points where the utility is placed under existing storm drains the trench will be backfilled with
Class M concrete up to the outside diameter of the existing pipe.
40. All crossings of state maintained routes shall be by bore only.
41. The proposed utility shall be placed as shown on the attached plans. Manholes and/or vaults shall not
be placed in the ditch line, side slopes of the ditches or in the pavement.
42. The proposed 30" reuse waterline shall be steel encased or ductile iron pipe where they cross the
roadway. The encasement pipes shall extend from ditch line to ditch line in cut sections and 5 feet
beyond the toe of slopes in fill sections.
651-40-07-0590 Page 4 of 6
Encroachment Standard Provisions
' 1. P
Trenching, bore its and/or other excavations shall not be left open or unsafe overnight. The
Contractor shall comply with all OSHA requirements and provide a competent person on site to
' supervise excavation at all times.
2. Work shall not be performed on both sides of the road simultaneously within the same area.
t3. All materials and construction shall be in accordance with NCDOT standards and specifications,
including but not limited to, the NCDOT Standard Specifications for Roads and Structures 2006, the
' NCDOT Roadway Standards Drawings, and NCDOT Policies and Procedures for Accommodating
Utilities on Highway Rights of Way.
4. The traveling public shall be warned of construction with complete and proper signing and traffic
' control devices in accordance with the current Manual on Uniform Traffic Devices (MUTCD). No
work shall be performed in the Right of Way unless this requirement is satisfied. NCDOT reserves
the right to require a written traffic control plan for encroachment operations.
' S. NCDOT does not guarantee the Right of Way on this road, nor will it be responsible for any claim
for damages brought by any property owner by reason of the installation.
' 6. All Right of Way and easements necessary for construction and maintenance shall be dedicated to
NCDOT with proof of dedication furnished to the District Engineer prior to beginning work.
7. Two-way traffic shall be maintained at all times.
' 8. No lane closures shall be permitted between the hours of 6:00 AM to 9:00 AM and 4:00 PM to 7:00
PM, Monday through Friday.
' 9. NCDOT reserves the right to further limit, restrict, or suspend operations within the Right of Way if,
in the opinion of NCDOT, safety or traffic conditions warrant such action.
10. The Traffic Services Supervisor shall be notified at (919) 477-2914 in Durham prior to beginning
work on the Right of Way if there are existing NCDOT signs, traffic signals, or signal equipment in
or near the proposed work zone. Costs to relocate, replace, or repair NCDOT signs, signals, or
associated equipment shall be the responsibility of the Encroacher.
It. All erosion control devices and measures shall be constructed, installed, maintained, and removed by
the Encroacher in accordance with all applicable Federal, State, and Local laws, regulations,
ordinances, and policies. All earth areas shall be regraded and seeded in accordance with NCDOT
Standards Specifications for Roads and Structures 1995. Seeding rates per acre shall be the
following:
' Year Round Mixture: 50# Pensacola Bahia Grass; 50# KY 31 Tall Fescue; 5# Centipede; 500# 10-
20-20 Fertilizer; 40009 Limestone;
' 2:1 Slopes Standard Mix: Use Year Round Mixture (Delete Centipede); Add 25# Sericea Lespedeza;
If Using Crown Vetch on 2:1 Slope (September -May): Use Year Round Mixture; Add Crown Vetch
15 lbs/Ac.; (Delete Centipede and Bahia)
' 12. When surface area in excess of one acre will be disturbed, the Encroacher shall submit a Sediment
and Erosion Control Plan which has been approved by the appropriate regulatory agency or authority
' prior to beginning any work on the Right of Way. Failure to provide this information shall be
grounds for suspension of operations.
IE51-40-07-0590
Page 5 of 6
13. Notify the District Engineer's Office at (919) 733-7759, 4009 District Drive, Raleigh, North Carolina
27607, prior to beginning and after completion of work.
14. The District Engineer shall be notified in writing at 4009 District Drive, Raleigh, North Carolina
27607, upon completion of work associated with this agreement.
15. It shall be the responsibility of the Encroacher to determine the location of other utilities within the
encroachment area. The Encroacher shall be responsible for notifying other utility owners and
providing protection and safeguards to prevent damage or interruption to existing facilities and to
maintain accessibility to existing utilities.
16. At the end of each working day, equipment shall be parked a minimum of 30 feet from the edge of
any travel lane and be barricaded in order not to have any equipment obstruction within the clear
recovery zone.
17. Any drainage structure disturbed or damaged shall be replaced to its original condition at the
discretion of the District Engineer.
18. All earth areas disturbed shall be regraded and reseeded in accordance with Division of Highways
Standards and Specifications.
19. The applicant is responsible for identifying project impacts to waters of the United States (wetlands,
intermittent streams, perennial streams and ponds) located within the NCDOT right-of-way. The
discharge of dredged or fill material into waters of the United States requires authorization from the
United States Army Corps of Engineers (USACE) and certification from the North Carolina Division
of Water Quality (NCDWQ). The applicant is required to obtain pertinent permits or certification
from these regulatory agencies if construction of the project impacts waters of the United States
within the NCDOT right-of-way. Additional information can be obtained by contacting the USACE
or NCDWQ.
20. The applicant is responsible for avoiding impacts to federally protected species during project
construction. Bald eagle, Michaux's sumac, smooth coneflower, dwarf wedgemussel, harperella, red -
cockaded woodpecker and tar spinymussel are federally protected species that have been identified
within NCDOT right-of-way in Durham, Person, Granville, Wake, Franklin, Vance, and Warren
counties. Additional information can be obtained by contacting the North Carolina Natural Heritage
Program or the United States Fish and Wildlife Services.
21. The applicant is responsible for complying with the Neuse and Tar -Pamlico Riparian Buffer Rule as
regulated by the NCDWQ. The Rule regulates activity within a 50 -foot buffer along perennial
streams, intermittent streams and ponds. Additional information can be obtained by contacting the
NCDWQ-
E5140-07-0590 Page 6 of 6
' STATE OF NORTH CAROLINA
ROUTE SR 1615 PROJECT Bachelor Er Intercept. COUNTY OF Wake
DEPARTMENT OF TRANSPORTATION RIGHT OF WAY ENCROACHMENT AGREEMENT
-AND- PRIMARY AND SECONDARY HIGHWAYS
Town of Cary
P.O. Box 8005, Cary, NC 27512-8005
THIS AGREEMENT, made and entered into this the day of dS r— 20 ± by and between the Departme
of Transportation, party of the first part; and Town of Cary
' party of the second part,
WITNESSETH
THAT WHEREAS, the party of the second part desires to encroach on the right of way of the public road designated as
' Route(s) SR 1615 , located in the Green Level area west of Cary in Wake
County, approximately 410 -LF east of the intersection of SR1615 and SR 1605.
with the construction and/or erection of: 42 -inch encasement pipe with 30 -inch carrier pipe to be bored under SR 1615, as
' shown on the attached plan sheet.
WHEREAS, it is to the material advantage of the party of the second part to effect this encroachment, and the party of
the first part in the exercise of authority conferred upon it by statute, Is willing to permit the ' encroachment within the limits of the right of way as indicated, subject to the conditions of this agreement;
NOW, THEREFORE, IT IS AGREED that the party of the first part hereby grants to the party of the second part the nigh'
and privilege to make this encroachment as shown on attached plan sheet(s), specifications and special provisions which are
' made a part hereof upon the following conditions, to wit:
That the installation, operation, and maintenance of the above described facility will be accomplished in accordance with the party of
the first part's latest POLICIES AND PROCEDURES FOR ACCOMMODATING UTILITIES ON HIGHWAY RIGHTS-OF-WAY, and such
revisions and amendments thereto as may be in effect at the date of this agreement. Information as to these policies and procedures
may be obtained from the Division Engineer or State Utility Agent of the party of the first part.
' That the said party of the second part binds and obligates himself to install and maintain the encroaching facility in such safe and
proper condition that it will not interfere with or endanger travel upon said highway, nor obstruct nor interfere with the proper maintenance
thereof, to reimburse the party of the first part for the cost incurred for any repairs or maintenance to its roadways and structures
necessary due to the installation and existence of the facilities of the party of the second part, and if at any time the party of the first part
' shall require the removal of or changes in the location of the said facilities, that the said party of the second part binds himself, his
successors and assigns, to promptly remove or alter the said facilities, in order to conform to the said requirement, without any cost to the
party of the first part.
That the party of the second part agrees to provide during construction and any subsequent maintenance proper signs, signal lights,
flagmen and other warning devices for the protection of traffic in conformance with the latest Manual on Uniform Traffic Control Devices
for Streets and Highways and Amendments or Supplements thereto. Information as to the above rules and regulations may be obtained
from the Division Engineer of the party of the first part.
That the party of the second part hereby agrees to indemnify and save harmless the party of the first part from all damages and
claims for damage that may arise by reason of the installation and maintenance of this encroachment.
' .That the party of the second part agrees to restore all areas disturbed during installation and maintenance to the satisfaction of the
Division Engineer of the party of the first part. The party of the second part agrees to exercise every reasonable precaution during
construction and maintenance to prevent eroding of soil; silting or pollution of rivers, streams, lakes, reservoirs, other water
impoundments, ground surfaces or other property; or pollution of the air. There shall be compliance with applicable rules and regulations
of the North Carolina Division of Environmental Management, North Carolina Sedimentation Control Commission, and with ordinances
and regulations of various counties, municipalities and other official agencies relating to pollution prevention and control. When any
' installation or. maintenance operation disturbs the ground surface and existing ground cover, the party of the second part agrees to
remove and replace the sod or otherwise reestablish the grass cover to meet the satisfaction of the Division Engineer of the party of the
first part.
That the party of the second part agrees to assume the actual cost of any inspection of the work considered to be necessary by the
' Division Engineer of the party of the first part.
That the party of the second part agrees to have available at the construction site, at all times during construction, a copy of this
agreement showing evidence of approval by the party of the first part. The party of the first part reserves the right to stop all work unless
evidence of approval can be shown.
Provided the work contained in this agreement Is being performed on a completed highway open to traffic; the party of the second part
' agrees to give written notice to the Division Engineer of the party of the first part when all work contained herein has been completed.
Unless specifically requested by the party of the first part, written notice of completion of work on highway projects under construction will
not be required.
That in the case of noncompliance with the terms of this agreement by the party of the second part, the party of the first part reserves
the right to stop all work until the fatality has been brought into compliance or removed from the right of way at no cost to the party of the
first part.
That It is agreed by both parties that this agreement shall become void if actual construction of the work contemplated herein is not
begun within one (1) year from the date of authorization by the party of the first part unless written waiver is secured by the party of the
second part from the party of the first part.
' During the performance of this contract, the second party, for itself, its assignees and successors in interest (hereinafter referred to as
the "contractor"), agrees as follows:
a. Compliance with Regulations: The contractor shall comply with the Regulations relative to nondiscrimination in Federally -
assisted programs of the U. S. Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be
amended from'time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and
made a part of this contract.
b. Nondiscrimination: The contractor, with regard to the work performed by It during the contract, shall not discriminate an the
grounds of race, color, or national origin. in the selection and retention of subcontractors, including procurements of materials
FORM R/W 16.1 (Rev. July 1, 1977)
and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by
Section 21.5 of the Regulations, including employment practices ,when the contract covers a program set forth in Appendix 8
of the Regulations.
c. Solicitations for Subcontracts, including Procurements of Materials and Equipment: In all solicitations either by competitive
bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of
materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the
contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color,
or national origin.
d. Information and Reports: The contractor shall provide all information and reports required by the Regulations, or directives
issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its
facilities as may be determined by the Department of Transportation or the Federal Highway Administration to be pertinent to
ascertain compliance with such Regulations or directives. Where any Information required of a contractor is in the exclusive
possession of another who fails or refuses to furnish this information, the contractor shall so certify to the Department of
Transportation, or the Federal Highway Administration as appropriate, and shall set forth what efforts It has made to obtain
the information.
e. Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this
contract, the Department of Transportation shall impose such contract sanctions as It or the Federal Highway Administration
may determine to be appropriate, including, but not limited to,
(1) withholding of payments to the contractor under the contract until the contractor complies, and/or
(2) cancellation, termination or suspension of the contract, in whole or in part.
f. Incorporation of Provisions: The contractor shall include the provisions of paragraphs "a' through "f" in every subcontract,
including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives Issued
pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the Department
of Transportation or the Federal Highway Administration may direct as a means of enforcing such provisions including
sanctions for noncompliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with,
litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Department of
Transportation to enter into such litigation to protect the interests of the State, and, in addition, the contractor may request
the United States to enter into such litigation to protect the Interests of the United States.
R/W (161) : Party of the Second Part certifies that this agreement is true and accurate copy of the form
R/W (161) incorporating all revisions to date.
IN WITNESS WHEREOF, each of the parties to this agreement has caused the same to be executed the day and
year first above written.
ATTEST OR WITNESS:
Karen C. Gray, Town
P.O. Box 8005, Cary, NC 27512-8005
DEPARTMENLOLT OSPORTATION
BY:
DIVISION ENGINEER
�ja L-9, -,
Tim Bailey, Director of Enine ing, Town of Cary
P.O. Box 8005, Cary, NC 27512-8005
Second Party
INSTRUCTIONS
When the applicant is a corporation or a municipality, this agreement must have the corporate seal and be attested by the corporation
secretary or by the empowered city official, unless a waiver of corporate seal and attestation by the secretary or by the empowered City
official is on file in the Raleigh office of the Manager of Right of Way. In the space provided in this agreement for execution, the name of
the corporation or municipality shall be typed above the name, and title of all persons signing the agreement should be typed directly
below their signature.
When the applicant is not a corporation, then his signature must be witnessed by one person. The address should be included in this
agreement and the names of all persons signing the agreement should be typed directly below their signature.
This agreement must be accompanied, in the form of an attachment, by plans or drawings showing the following applicable information:
1. All roadways and ramps.
2. Right of way lines and where applicable, the control of access lines.
3. Location of the existing and/or proposed encroachment.
4. Length, size and type of encroachment.
5. Method of installation.
6. Dimensions showing the distance from the encroachment to edge of pavement, shoulders, etc.
7. Location by highway survey station number. If station number cannot be obtained, location should be shown by
distance from some identifiable point, such as a bridge, road, Intersection, etc. (To assist in preparation of the
encroachment plan, the Department's roadway plans may be seen at the various Highway Division Offices, or at the
Raleigh office.)
8. Drainage structures or bridges If affected by encroachment (show vertical and horizontal dimensions from
encroachment to nearest part of structure).
9. Method of attachment to drainage structures or bridges.
10. Manhole design.
11. On underground utilities, the depth of bury under all traveled lanes, shoulders, ditches, sidewalks, etc.
12. Length, size and type of encasement where required.
13. On underground crossings, notation as to method of crossing - boring and lacking, open cut, etc.
14. Location of vents.
GENERAL REQUIREMENTS
1. Any attachment to a bridge or other drainage structure must be approved by the Head of Structure Design in Raleigh
prior to submission of encroachment agreement to the Division Engineer.
2. All crossings should be as near as possible normal to the centerline of the highway.
3. Minimum vertical clearances of overhead wires and cables above all roadways must conform to clearances set out in
the National Electric Safety Code.
4. Encasements shall extend from ditch line to ditch line In cul sections and 5' beyond toe of slopes in 611 sections.
5. All vents should be extended to the right of way line or as otherwise required by the Department.
6. All pipe encasements as to material and strength shall meet the standards and specifications of the Department.
7. Any special provisions or specifications as to the performance of the work or the method of construction that may be
required by the Department must be shown on a separate sheet attached to encroachment agreement provided that
such information cannot be shown on plans or drawings.
8. The Department's Division Engineer should be given notice by the applicant prior to actual starting of installation
included in this agreement.
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