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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 S! VV9 D 12 2008 DS AND STDRpQgrplMCK iER59 1NE 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 QV %D @01 NAV 12 2008 uEt�K • STC� RB� � pNDS AND 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 = m r m m ■i■ m==== i m= m r m Goo* 1 009 o No.Ld3O?33.LNj HONv-\NB 23o 3HOV9 OI.L` owi LN3o .uI' vntD a3.L`d IMI 1017 OAACI clVW NV-ld 31ISf NOUVIS dwnd 3NOISCI131 4 N011` IS dwnd >i2Add SNOOL19 'wOH1 �IVW N VId 311S W31NI HONVUS 8 s G o�3H�ve 1333 000 t 005 O ca O Lu(I L O;,L ja eay PURROM N0.Ld302d3.LNj HONvNe NO13Hove NOI,L` 0IJ1LN30 ,uI7` no a3 wA& h 017 t)Ma d` Vq SNISS060 ViV361S a a0 m I-I#ONISSO?JO ' _�♦ p 0 0 o Aeo I 5.# NISVg o p eaiv 4 PuegaM o 17# NISVe 5# Owssoa I, Z-£# Nlsvg o 13 b# ON[ ONO Z-£# ONISSoa3 PuepaM I-£# NISV9 I 0 � 1-£# `JNISSoaO ❑ fD r �D C �a o n Z# NISVg '. n ? easy easy pueRaM a ;DPuellem b77,� 13) Q ❑ a ❑ Z# ONISSOHO 0 I' d �o o t� � I V I # `JNISSONO a o d O C� V J � UaaacJ a adoN o oqos p00 J ° c 3 0 � -. dVry NOULY301 ONISSOM3 Wy3mls Old33H3lNl HONVIH13 1HO13HOV13 • - p61. _ -p0£ m.�Oti tf N.._. 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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 ZOSM `Ld z8a8 ZBaO V 3a0 UPO Xn z0j0 S3M 13h31N33UO Z M4 3M 13P ZBaB M zOSM 8a8 3SM AM oM AM um ZBSM ZOSM z0j8 Z8S M ZOSM AM z8j8 Z8j0 1333 ZBSM 000,11 009 O M ZOaB ZBSM 80.Ld3O831Nj N3Nb238 �I013H0b'8 zea0 nd ZBSM NOI VOI3'I N30 AlI'lVnns,: L3�l`d�l0 0MQ 3SM \� £OAM um clVY Y S-1 1 OS ASM 3SM oM zojo Z8a8 oM 3SM oM ZOSM nd 8a0 1 ZBSM z8a8 Bao 1�V— (rah zoj� Cb M C z8a8 I ZBaO ZBSM h ZOSM oM ZOSM AM AM z0j0 3JO �IW'�ONd oM 3a0 I oM oM ZBjB OG n V 3JO M AM ZOSM oM C� Z8a0 zOaO ZB� Zoao d 3SM OJO - e,o as 3a0 Z8a8 O OjoZBaO cJ� I n� ��10 naN civw sollos M j IH zoa0_ 3s M �a 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 lae� 0005 04891 � i a�e�g z 0001 000 Z 0006 000 V 1 000 S (qy ;aays sutor) rZ8SM5Ci�1 / v ` 3k cv / T G�G� \ ¢ W5C2 .../ m Zj�3 m ���JJJJ U V N ✓ U U 3 U U — v h� w �,' Z3�/U N L_ U v W ' N 3 m IgG' 0. — w _ U Ld U' 3 ' 3 1 p S C7 A m 1 • m U N .. 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Cpl• a rte, {a'C,'.T.'�►..;,�:�`` ,51���ZOiJ '�- Z0.10 , . ,� �y 3 Ob8Si i aleaS � z low_ 4801 000 5 0 00.01 000 Z 000 £ 000 b 0009 [ N N 0 yc l N m " (qS {aaijs 3u10f ) U R.H —,- U J�J U SSS U /ci / v TT pq ways 'yasuw suiof) M NOI.LVDI31163Z) All-lVnO 831V/\A L 017 OMQ 517 133HS SO?IN db'W S110S m V . 0(y oog 0"LOSM IcI30631N1 HON dEl L109-31HOVE] riv NOLLVOIJLL�[,30, 41-i-ynnommumm Leor ODAA k G %121-3 AM 3-sm c J,.VyvoAuwll tcq�ikltlili I I � 0 om 3SM SAD dvw svc Cie S 3 M 3.4 JA % LJM N 'AiNnOD 3N% Attachment 4 Property Owners Map Property Owners List 6 v �/f\OOL 0 HO1d3OLi31N1 HOMda9 HO'13HOV9 NOI LVOI31.LH30 All-lVnO LGIVAA 4 017 OMa d`dW A163dOLld ana'1 uaa�� ra P� 9 0 v v E ppo '\I �p0 aa�p a8 L II 1 1w, Im3domd 1���i�►�� � �iiii .. ■11111► • �IIIIII a ; 2 E § / a (0 a CL8 » ( 2 § ) f ] UJ § U') \ § / ) k \ \ k j §cli \ LO 2 / m § G / $ § # LO i % ) « o CO G CO S o g w p 7) / 3 o 00 % i co \ k \ \ \ B N § \ \ w 0) 04 \ ) . W \ ( ( ) ) \ x co ) � k / ¢ ¢ \ \ / ¢ z $ ±$ $ ± $ ± $ $ e = m a)_ _ a) = m = ) 04 N N g r r % \ \ ^ / CD co \ ( ± e ƒ \ N. \ ƒ ƒ \ 04 / 0 o 0 u z z @ z z z @ g z z LU ry < j ) § § B E 2 0 E E § < a ( S S 2= R LU z k z R -$ ± z g /\ » g \_ j) \ j\/ j > § / \ / () E) E) to CD / \ \ 2 00 _ § % \ [ Lo k k a [ § ( ( n % ui ± r § ( % ( . % � 2 ( 00 0 0 z z z z f( °{ { E E » y » y \ \ \ \ ( \ \ \ \ \ § § E o c - § ± E § 0 0 § § § 2 k o o § ( / % ( \ ) \ = e b ul ul± \ 2 ± ƒ I EU.< ) LU LU § 0 E$ 0 § § % z § E § 2 2 £ w ? % § / % / % 0 0 k $ ok oz \ } \ \ 0 o ) \» $ � �) �) j .$ (± gg §< §< ƒ 0 0 }T �\ < < u �< \� < w § = <0 I w I < § « U- 0 LL (ƒ LL )co LL -i o° 0 0 0 E§ E§ 0 z ± 0 )® 4 & g , 0 , 0 _k §L $ § 2< X« 00 0o n )w ( 2 / / Id 2a F-- 0 n Ln w _I = I e 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 OF w Z a U w LL 0 o E 3 o C) rn3 co_ W Z�Lu W Q o r o m m m Ln Z� Z N N 7 N ZN Q U J cn c Y N U w m E Q z N @ E `0 c a' Z FO V N CC U Q �waZ W �.0 �v2i �} p cn W cn W U m 2 N LLIO Qop} >- >- Q m 3:a c p U J a a7 C V W OJ N N N mO m � C �' c' O U 7 '> a N E ' V ° °��'�� m E W �Q a 00o o ap o a) -� Q LL�� 00 '' v� L n U 'm o �' w `0 IL z IQ LQ o aIw- IaJ- M N M @ U m N 0 Z >W> 3 w C ��p o U N-C U O a C p m T m E N E Z Q C p N 3 T N Z 2�~ LL 00 O c N aI m>> al Q a) w QO 00 o CL E p m p C G IX Z 0 0 Oa N o J w F- a w°' LU N N 3 r a �Yt c W 3 m m; o E + m a m 0_ + E o s Z� Q /W m g a EZO,� N g r N {— W Q p E 0 W E E a) W W N m F p a' p_E U) LL O m`o LL LL: N C N N ww-2 Z a a� C U 00}a 4, @ -0 -0 a, y Q O 4- CL mm� rn m N E OUcCW m ? ° a) Z Q } C U m @ O ~ m 12 m L1. 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PUeRaM (� / PUellom o O 07 m 0 ❑ 1. Z# °JNISS083 0 / d o i ❑ V I # ONISS080 0 o d o ' C � 0 0 ❑ ❑G 0 ❑ o o /uaaa� ° adoN o eo�p`oou�S v � o ° P� C 0 r, 7 dVW NOULY301 ONISSONO Wv3HjLs Old33H3JLNI HONYME3 1HO13HOVE3 o 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� I v a J �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 -- .j O U m L w, r m? m D W1 surd," • cr"I. J f Durham County Triangle Wastewater Treatment Plant W3 Mad, Branch r CE W10 A A --� b1 W11, i W& West Cary Regional etinpa Pump Station Site Option 11 r" S18 �,r 6 k Lr Legend pSaeh.air R -W" OMuncpal Bpurr0ary C-"IYBIMIY i....i Rp•dk N Strearro - Pump St.*. Sites ►unp Sutton B.nnu Ar.aa O Kh Creek Pump S1.tbn I Marro Branch R.0-1 Pump Stad nWA MorANMb COMn0utip S-406 Area 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 JIZI VO / JC O /0 WS -IV Qm` NSW Neuse / CapeWater Quality \ Fear Divide \A Classification Boundary WCRPS Service Wake / Chatham i \A Area County Line o r r i C ,. a 0 rWS-IV C NSW NSW 1 o r4 / L / u a k / w h i l e ws-iv NSW CA WS -IV ' NSW / 4000 0 4000 R 8000 Feet C NSW N C NSW V C WS. 1 1 NSW NSW J �r� � a 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: )Y+ r �' • t` i ` } ,i i 1, i}'r Figure 3.8 /V Gravity A ' J�, .: �� ��' _ ,;�. i �;fl! 500 0 500 Feet ITW!n !f ell Figure 3.- . . . . . . . . . . -- ---- ' ��� /l � ����' £ lj�i j� �/V i .( ��` :�`�L ',t �/ r' i ` � !.� � �' i �.:'� t .~~'`—• ..ter 'II F V �j \,-- ri oil 'M to Figure 3.1 A N Figure 3.2 0 1k Ivy", Figure 3.6 , d Figure 3.4 J 11, Figure 3.5 Figure 3.3 W& w LO y Lo O E U) LJ O v� V E�zv'� aD c �o� O.S .� o C:(!JU C) L S V �E� z� D `W Jp� LZ O r` LZ �L � cw IEUH I AX (n x a a� 1 - N Li > Lo M Q O <D LL O CO O o Q • O O co C a N0O "O 0' N O 0 ~1 1 l� CO m Ln LL N O C L O -4-- C O O U � 53 o W Ln 1 0El w LO y Lo O E U) LJ O v� V E�zv'� aD c �o� O.S .� o C:(!JU C) L S V �E� z� D `W Jp� LZ O r` LZ �L � cw IEUH I AX '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 l ', n� �! 1' ` j'; '� _ _ . •, '.. 3�.: '�� "�, 500 0 500 Feet �3Q1 _��j� 1; �� ` ~`� .w '1 i :r•-`-: \k � i•_ • " s_• � �--'N;-� !r � ! it' y� � .._.i ' _ `t -��- �, :� I,%,� -�� '•1 � � •-�•-� J�\�- i I', -� ._ . '_-i"� s -�ij , r •+I� I1t� 11, 1 Figure 4.7 fl �■ s ry \' i ,i •,i tl, �. i 'lam : -i ' ■ 4'! IIS✓ .�'' (� ti _ _ _- ' - - ^t�•r�`� `/ �' r ' (K_ '�. j+� +�. J'\- tip_ -y �.2 (,�,5�ir i•-f ,1, A :�triS _/r.—V ,:' _ /' � —.-'�: ` - ,�:' :� 4 •� ` ;_�� ,�' " - v v � ,1�� � - r� j ii a c-- ''' t' _ / `, `' �;� � /�l i� � � ,` `` is • ,: •fir � (�/ +` , \ � (' — '".'` -tip •� % / •' h .�i-,' f ( •.S (r _ -r. �- - ':� •I. r 1 i { �, ; (� �' �'' `' t I; E r_i-� Figure 4.1 _ , r •, t,N1. - •.',i t .lei. 14 I • .:`•' ,i •� 1•_.%�'+� •c ',`• ��� .i~.� �1'� / -\'-"� ' �-__�'r ,�_..^( •' —tit `'�I•:' /r % -• ••�--.-'`- _ c _t `, ���=�' •I I _' I', tl, , i f'f�' 'rl .�.1�Ir � \"� 3C� / .-i {. ✓ ,./� _ 4ir i- v � :1t� L:• Figure 4.2 ��� ), ,i tj�,l/'f'~ • t �_ ; ' _ ` �,�� ,\' - =.r; ` Figure 4.6. - _"� 1'�'_.• I ��'` " f�.i :I �' Ir 1'� Jv+ �\�/vim ;-� .` ••� 1,'t'--%'' / �. ,., ' Figure 4.4 ,'ti'b' I � � r- _ . -�._ : it •r. -•`' -,. Figure 4.5 �� , , F i au re 4.3 �"� . , M . Figure 4.2 Habitat Impacts. West Cary Regional Pump Station and Sewerlines. f , Town of Cary, Wake County, N.C. ' Robert J. Goldxwin 9 _ Ls'.vor atev, Lie. Y r ! ENVIRONMENTAL CONSULTANTS www.rjgaCarolina.com p'�+s :�'S+ r i{ �`"` �� i 1 .! I. r a .. R y :.y,��, j�, fi. ' x'�L+�;i�•-'r�:.' lz.z 14 4 09- XW ' :t Y • . !'? Y .. '+ ' it tnY l'!•. i'o • As t 41 y , Habitats +1.t agriculture bottomland hardwood 1 bottomland scrub *V developed land hardwood -pine forest pine forest scrub Streams A t �' ,r• . •, ,.. :. ;, .44 ; 100 0 100 200 Feet --- _.-- + 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 1. ��1 },��' I i l r_/i%'` I f /-' y, ,� -�(��0 ��' •�� ', � it �`� �\ `-`� ,1%., I� �C � �� y� � � �y' � f�l / lIl ' � � %� I I'- J J[o ��'` � . / �•� �V ` - OSE '�-� � �� � / 1 � \ � '! >��-.. � I� -�I� l ail rs• �� Y oyrr � rll� � �� �. � I ���� �II �„iI��L �1�� �� �� � ��"-• �0� ��_ CM CL •, (/ b� `I i _ �" 'v r\ 'gyp `V O � 1� I ,�' • ' '(;,1-I � � t- � Inl� I �� -' 1- � Il I I I �'(�+f �p� - _ pen = Coo' _ / r 1 S y2 , ���V/ � ~ • � � � I. ' I I 1 � � - ` � � ' � � -ice — _ . � `� -_ � _ ` ' C //i %! INFir- � S �i ( 1�•. 1 1 � , � \J• j hal l �. � � - � i� Ir; - 0�, 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 • r/ /' it •`'_.� � yy �'-_'�"� t ' � li/1 / I i J !Jf �^ / !'ti .•'�-�.._.._.� �// f `! l„/�'*�`, �� C�•,_- �1��.f }/ e J ..� � n �� �� fir`- `."ire` ' �% ) ,� � p ! � l '•`��- �� /��%.-� f_,..,.-� IN 10 `i ru q. S'`� ` `--moi; ! � <�) / �^•�-� �\ ti..-.�1 v 1\ ••fr 1 \..+ .I � �(/�j' �.� �-�� � f / „' _-.' ..r•%ate -'�, j ,��-_``==`�.�.�,`� ;/---� :�= • `__ '.gyp � ,'t- ;� ��` �a C moi. ,✓): -- • / ` ry cr--, 44, r'�`�l� IIt oor �-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 File � � � Q & \\� WAC /§! \ a § 11 < 2¥ c 0< 6'>_ \\} & 2 � L § 1 W ± o u ¥ / r < »®° R gliE ( m \ �z $)(m § I ® ? g » w 2 Z .�� 2 0 § 0 Clio, 2 H �z r� 2 §w§ \ 3 \ \\z\ w ± F u U- z \ ( k m 3 7 ; z (\L 2 % E _ m k a.z §[ � o § CNI x i \ F- < wCL « [ §/ G! }(§})})j}§}}}ƒ}§}} § f wN 7 7 Q & 2 a \ a § § § 6'>_ m & 2 § 1 W ± o u ¥ \ a Q (k ( m \ WX § / § � » 2( ¥ w 2 G U. 2 0 § 0 Clio, 2 H f r� q 3 \ & u ± F u U- z U.1 L ° G 7 I ) \/)cc§/R®oo § 2 \ § % k a.z Ln _a. o § CNI x i \ § w z o z wCL « [ \j § }(§})})j}§}}}ƒ}§}} f wN ■ § mmammmMaaCL0.CLa.Q-a.a=0- § / t� z .' \\}j\F4-1 \? \\/\\}/ cu Qcm (f CE 2i ` ) ( �) ` Em % Eo UE � k§2 '2'\Tgkk ��#f2°e s� c (D (D It{} m �E �a==V/Q)=2 9L 2M aEaE/mE ±CL Of a. EaEE �ar,==*mme=22<ae>a 7 7 § § \ \ § § 6'>_ CN fin _ § 1 W ± o u \ e (k ( m \ WX § / § � » 2( ¥ w 2 G U. 2 0 § U-$ n 2 E f ■ ( q 3 \ & u ± F u U- z U.1 L ° G 7 I ) $ § 2 \ § % k a.z - } _a. o § z x i \ § w z o z wCL « [ \j § f wN ■ § § / t� z .' § § \ 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 in 758.88 IS00'09'39 T �-2 671.31' NO2-55'09 730-01' ,OS 390.0lei' �v cps lit) o �g Y4 IS00'09'39 T �-2 671.31' NO2-55'09 730-01' c)OOZ/F/c, 'EMpc;—�o�aO>!oU}it�M\6mp\uo!sua}x_�aonna��aa�J�i�Oal!��M\s�jaioad\sauauan�o� rtW\ua�a:� \s6ui��:�c pan s�ua�unX00\ ,OS 390.0lei' �v �g d o ni 0) 390.0' 4 c)OOZ/F/c, 'EMpc;—�o�aO>!oU}it�M\6mp\uo!sua}x_�aonna��aa�J�i�Oal!��M\s�jaioad\sauauan�o� rtW\ua�a:� \s6ui��:�c pan s�ua�unX00\ �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 i J 1 IY O a 0 O N m m Y 00 `6� Z h Q ul � 2 0 U R W N N � p yW O� �? W g gg `O VNnONOJ H1tlON 'A!!VO dIHSNMO.L XVO 3M HM ----- ..--_ --- _-- _ __-- v. sNols n3a U. O <w w e m $ 311S NOI1d1S d"nd �N�Illll ui� `�.``� % NOLLdlaJS30 A9 31V0 >j` .. 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W W W W•3�fi; r; •W: DO:`M�f W:Wi`�:W �•W •W��tW i'�a��;pp >�a;�t; �l!� n C4arolnNv na� Nh:7MOOhpN as tia�n:,o aoNu� 4.1 m �����b'�hh�n^nnn 222222 22222222 nn 22Vf�yy Nb',niScn�t��h�N �J ~ pph ~041�Oa u)� oopo na�'p O��`f oopo �n n bhNrhhbbhNaDh Oh`�bnnn-ion W aDb b"f "„�h��o~i� m"')r �ON���h J J nn ? J � j•f hb 1� �O� �� ME refJ J e x2 P WOW g p C6 tl d� g9 OWUFg 4� 2o Hg of Ncc �< hl k E 1 M_ m m m m m m m m m m m i m ! m m m m 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 , t 1 1 1 1 1 1 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: �" • O 0 � s� �°,t.,oCoo r., *.b �U O � ZU�PC 2 SIDa �410) 0 OPN4m OPE a Q 4 a� U a� O rjo O O. p■ j � � . , a � � O � .� � bA N m � W Z .= O y Q Q p r �4 *0 b 6 z Z WPiz ° a op-4 IN v Q Q+ � ' *Pon ed T l c d im 06E U v u U v v v. opm (..� O .0pa h�■1 wpmW P y 0 0� W °^ E � U a o V a� d U � a -e Ix 0�� "d opm.� �+ a 4.a y i�•r O Z •P .� TA C: A E-+ rwo E-+ PC � 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 w v w p f•;w� �; en Z O � PC 3 A� o � = a a�P40� c pd Ow IEo • V v ILOpoil ° Cd cato� U �-.Cd = O po IL po a s y Cd O :ii Z .� Q PCI b P.0 �. d •o Jo CC .0 O y C j.:■j .� 'rs sem-+ � `n v '� � O ENO pa co 4Z 0 O � 3 h • N a o y . Q 'a c o Zv .� G� •rA ...i 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 1 I 1 1 06-6 'AHN N X O C C .'a N rn 0 Z CA - a O a T v �o Z vo n v0 z Z � D m G7 a;m r r m m C Gm) m C o Z r —ITL�o s n z m z C) c CCD p rn cn n m wZi O rn a N x n fn O !^ O 0 i (7 O N n � m r m 3 a zv s R wuaa ^3o Nods 0 O '�a z n I� I C-) 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: d0—"� AMOUNT RECEIVED J&QaAS DOLLAR $ D. SIGNATyyURE I50286.47900024-5.?092IIA 3846 TITLE DATE �3-c.7 In Irl 2OX < a� � �z 0 o 0 c `Fm c;� ac O r clfmN,.r., m of o z z D Z zm. z -a z rim to rn ;, �', i;.: = is v v •' O -0 N UI O C7 m 0 nx-Vo MAm$ Cn n ma 0 z u) CD m Ngo frl n m 'l �l C7 z .74 O o M Z Z W N z z0�zZ�-' CU(4N� H m o> 0- oozzo zno N -a !.ti.•.. N mm�orn0 MO nnzn oZ n z� z-noc m A=1 z0 1 n rg mA =1�-mCz ;1;0 :"�•: x � >F -m --Io mcOM 21 zr OF 8z -<--Io v mm mm m M I mc C2 0 wm�N N-0 co �(oOr,C)gC: omrr-(A M mo z >otomnx px�gm o0 -. � ����F�io nD� CII MZ�= z z z Waozam Wo> m o v P C17 zm' D� m m m O o Zz �mC c czi► oo m 0 c O 0 M O m �l • = = = m m mm = = = = = = M -M = m = = 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. \ . . .. \ �w |9 k G k. \A �m . 00�2 % q §§meq �E :01 @ ¥ . zR 02 7§ Wk /meq o > � /A .. _ pm �/ en mm3 I% X20 �z n p 2E �Q Q o -4> 2 0§ R§ M -,M �z 52 27 2n §q \�� qo (A> % 2 �a so . m a> 0 >0a/ § ��. \�M to -n F . . | k®-0;o M . m> il>�o� n$ �c rn rn 22 n� m o .q %� � k2 m I / $��. g2 \c \ k m0 > o. ik\ z . k� .. / q . g |@ ' M C . . §§ � I ca §A ®- A/ ® M m �b w® cn§ �K m �- 2y 0 tm 0f . . . I- § > \ n > § §E 12 §M . 7 q �(A . . 3 g 2� m 7� Ad . q>. qq �rn ' gE §§ § §q 2 q0 ®> 7 \za § �k p� �q � g g. . � r m� � .so\ <m 2 / -R\ . V) § \ « -O.ƒ 2 • § J ' . m .