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HomeMy WebLinkAbout20090040 Ver 1_401 Application_20090109Soil & Environmental Consultants, PA 11010 Raven Ridge Road # Raleigh, North Carolina 27614 # Phone: (919) 846-5900 # Fax: (919) 846-9467 www.SandEC.com January 9, 2009 S&EC Project # 10708.P1 To: US Army Corps of Engineers Raleigh Regulatory Field Office Attn: Jamie Shem 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 From: Nicole Thomson Soil & Environmental Consultants, P.A. 11010 Raven Ridge Road Raleigh, NC 27614 N.C. Division of Water Quality 401 Oversight and Express Permit rut. _ Attn: Cyndi KarolY 2321 Crabtree Boulevard, Suite 2 Raleigh, NC 27604-2260 iAN 9 2009 UL NH - N11A.I E?, U(JAL17Y WETLANDS AND STORMWATER BRANCH Re: Beacon Lake Industrial Commons, Wake County, NC On behalf of the owner, Beacon Lake Industrial Commons, LLC, please find attached a complete application and supplemental information requesting written concurrence from the U.S. Army Corps of Engineers (USACE) and the N.C. Division of Water Quality (DWQ) that the activities proposed below may proceed under Nationwide Permits 14 & 39 and General Water Quality Certifications 3704 & 3705. Please contact me at (919) 846-5900 if you have any questions or require additional information. PROJECT SUMMARY Project Name Beacon Lake Industrial Commons _ Project Type Industrial Development Owner / Applicant Beacon Lake Industrial Commons LUC Coun Wake Nearest Town Raleigh Waterbod Name UT to Crabtree Creek Basin / Sub-basin 03-04-02 Index Number 27-33-(10) Class C• NSW USGS Cataloging Unit 03020201 IMPACT SUMMARY Stream Impact (acres): 0.0216 Wetland Impact (acres): 0.0015 Open Water Impact (acres): 01 Total Impact to Waters of the U.S. (acres) 0.0231 Total Stream Impact (linear feet): 148 LF perm/40 LF temp *total impacts to waters of the US/State is less than 1/10'" acre Attachments: Pre-construction Notification (PCN) Application Form USGS Topographic Site Vicinity Map NRCS Soil Survey Site Vicinity Map Agent Authorization Forms Impact Map Details (11X17) USACE Jurisdictional Determination Package NC DWQ Buffer Determination Letter (DWQ No. NBRRO #07-076) Stormwater Management Plan Narrative (DWQ Only) Preformed Scour Hole worksheets, design details, required items checklist and date stamped photo (DWQ Only) Proposed roadway crossing plan and profile detail (24X36, DWQ Only) Stormwater Management Plan maps (24X36, DWQ Only) $570 Application Fee to DWQ Charlotte Office: Greensboro Office: 236 LePhillip Court, Suite C 3817-E Lawndale Drive Concord, NC 28025 Greensboro, NC 27455 Phone: (704) 720-9405 Phone: (336) 540-8234 Fax: (704) 720-9406 Fax: (336) 540-8235 Office Use Only: Form Version March 08 USACE Action ID No. DWQ No. (1t any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ® Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ? Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NWPs 14 & 29 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ? 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ? II. Applicant Information PD 1. Owner/Applicant Information A N 9 2 010 p Name: Beacon Lake Industrial Commons LLC Mailing Address: Attn: Mr. Patrick Denton _ DEER - MATER QUALPY STOR&MAER CH 5112 Departure Drive Raleigh NC 27616 Telephone Number:_ (919) 863-8881 Fax Number: N/A E-mail Address: N/A 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: Nicole J. Thomson Company Affiliation: Soil & Environmental Consultants. PA Mailing Address: 11010 Raven Ridge Road Raleigh NC 27614 Telephone Number: (919) 846-5900 Fax Number: (919) 846-9467 E-mail Address: NThomson(a,SandEC.com Page 1 of 10 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: Beacon Lake Industrial Commons 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 1724-63-4609 4. Location County: Wake Nearest Town: Raleigh Subdivision name (include phase/lot number): Beacon Lake Industrial Commons Directions to site (include road numbers, landmarks, etc.): From Raleigh take New Bern Ave. (US 64 Business) east past I-440• take a right onto Plainview Drive; the site is at the end of Plainview Drive. 5. Site coordinates (Lat/Long or decimal degrees): 35.7926 °N 78.5780 °W (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): +/- 22 7. Name of nearest receiving body of water: Crabtree Creek (C;NSW; 27-33410)• 03-04-02) 8. River Basin:_ Neuse River Basin (USGS Cataloging Unit 03020201) (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/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: Currently, the property is forested. The surrounding properties are primarily comprised of commercial/industrial developments To the north of the property is a, small residential development The western boundary of the subject property is Interstate 440. Page 2 of 10 10. Describe the overall project in detail, including the type of equipment to be used: The proposed project is for a commercial/industrial development Heavy equipment typicall necessary for roadway infrastructure construction will be used for this project. 11. Explain the purpose of the proposed work:_ The purpose of the proposed project is to construct a light industrial park within the City of Raleigh. Due to the nature of Raleigh Zoning ordinances and the location of the subject property along two major traffic corridors (i.e. US 64 Business and Interstate 440), the subject property is an ideal location for this type of development and meets the current zoning and intended uses The proposed impacts to streams and wetlands are necessary to construct the necessary roadway infrastructure IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. On April 23, 2007. S&EC personnel completed a detailed stream and wetland delineation as well as a Neuse Buffer evaluation on the subject property. On May 9 2007, Ms. Lauren Cobb (NC DWO Raleigh Regional Office) met with S&EC staff on site to perform a Neuse Buffer Determination (see attached letter NBRRO #07-076) On June 20, 2007 Mr. James Shern (USACE) met with S&EC staff on site to review the stream and wetland boundaries. Please see the attached Jurisdictional Determination package and sealed survey maps of the property. No prior wetland permits have been requested or received for this site V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. No future wetland permits are known to be required at this time VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for Page 3 of 10 wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: Impact #1 (NWP 14): 148 linear feet of permanent perennial/important stream impact 40 linear feet of temporary perennial/important stream channel impact and 13,176 sq ft (8,545 sq ft of Zone 1 and 4,631 sq. ft. of Zone 2) of "allowable" Neuse River Riparian Buffer impact for proposed road crossing; Impact #2 (NWP 39): 65 square feet (0.0015 acres) of linear wetland impact for proposed lot >?rading activities. 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) herbaceous, bog, etc.) Floodplain Stream (acres) es/no) (linear feet) Impact #2 (NWP 39) Grading Linear/Riparian N/A -50' 0.0015 Total Wetland Impact (acres) 0.0015 3. List the total acreage (estimated) of all existing wetlands on the property: 0.0375 acres 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 Impact indicate on ma Before Impact (linear feet) (acres) Impact #1 UT to Crabtree Culvert (NWP 14) Creek (Permanent) Perennial +/- 5' 148 0.0170 Impact #1 UT to Crabtree Culvert Installation NWP 14 Creek (Temporary) perennial +/- 5' 40 0.0046 Total Stream Impact (by length and acreage) 188* 0.0216 Y•....' .., ...at u...« 100 r.r vi nLrram impact, 4u ur is for temporary concurrent pipe installation practices (i.e. only 148 LF of stream impact is permanent 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. Page 4 of 10 Open Water Impact Name of Waterbody Type of Waterbody Area of Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact indicate on ma) ocean, etc.) (acres) N/A N/A N/A N/A N/A Total Open Water Impact (acres) N/A 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): 0.0216 Wetland Impact (acres): 0.0015 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0.0231 Total Stream Impact (linear feet): 148 LF perm/40 LF temp. 7. Isolated Waters " total impacts to waters of the US/State is less than 1/10" acre 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. There are no isolated waters on the subject property. 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Current land use in the vicinity of the pond: N/A Size of watershed draining to pond: N/A Expected pond surface area: N/A VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. The applicant requested a detailed delineation of streams and wetlands prior to site plan development in order to determine the extent and location of streams and wetlands in the vicinity of the proposed crossings and Page 5of10 impacts The site plan has limited permanent impacts to perennial/important stream channels to a single road crossing. Streams are not crossed multiple times by roads The proposed road crossing is necessary in order to access the property. Additionally, the location of the proposed roadway was predetermined by the existing portion of Commerce Park Drive that the proposed project is required to connect to. The applicant is also aware of the regional conditions associated with the Nationwide Permit 14 With respect to linear transportation crossings conditions (Regional Conditions section 4.5) the applicant does not anticipate any stream relocations the proposed box culverts will be buried the appropriate depth below the streambed to allow for aquatic life passage and this project only proposes the single road crossing and is not being used in conjunction with a NWP 18 to create an upland area. The applicant is also aware of the regional conditions associated with the Nationwide Permits 39 With respect to commercial and institutional development conditions (Regional Conditions section 4.13) the applicant does not anticipate any impacts to streams or wetlands associated with the required stormwater facilities there are no proposed single-unit recreational facilities and while there are 100 year floodplain limits identified on this project there are no permanent wetland or stream fills proposed within the floodway and the stream classification for this project is C: Nutrient Sensitive Waters (NSW) i.e. not Outstanding Resource Waters or High Quality Waters). 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 htlp:/ih2o.enr.state.nc.us/ncwetlands/strmizide.html. Page 6 of 10 I. 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. S&EC believes that additional mitigation beyond avoidance and minimization for permanent impacts to streams and wetlands should not be required given that permanent impacts to important/perennial stream channels is less than 150 linear feet and there is less than 1/10th acre of wetland impact. Additionally, the Neuse River Riparian buffer impacts are "allowable" per the table of uses {15 A NCAC 2B 0233 (6)1, therefore buffer mitigation is not required. _ 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/M/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 Amount of buffer mitigation requested (square feet): 0 Amount of Riparian wetland mitigation requested (acres): 0 Amount of Non-riparian wetland mitigation requested (acres): 0 Amount of Coastal wetland mitigation requested (acres): 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) Page 7 of 10 It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 213 .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ® No ? 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. ImDact #1 -Road Crossinu- "Allawahle" Zone* Impact (square feet) Multiplier Required Mitigation 1 8,545 3 (2 for Catawba) N/A 2 4,631 1.5 N/A Total 13,176 N/A - Lone t extenas out 3u teet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. The Neuse River Riparian buffer impacts are "allowable" per the table of uses 115 A NCAC 2B 0233 (6)1therefore buffer mitigation is not required. The impacts to Neuse River buffers are below 1 /3 acre and equal to or below 150 linear feet. The applicant understands that they are very close to exceeding the 150 foot mitigation threshold. The applicant is proposing to use tree protection fencing and/or staking prior to construction to ensure that they do not exceed the 150 linear foot limit The applicant understands that if they do exceed 150 linear feet of riparian buffer impact then they will be required to provide Neuse River riparian buffer mitigation XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. The anticipated impervious surface for the post-development drainage areas will be Greater than 24% however as this project is within a Nutrient Sensitive Watershed (NSW), the City of Raleigh has delegated authority to review and approve the proposed stormwater management Dlan The proposed stormwater management plan is currently review with the City of Raleigh Per the August 10, 2007 memorandum from Coleen Sullins Page 8 of 10 Director of the NC DWQ; "If the necessary local approval of the SMP has not vet been obtained at the time of application, the application should indicate that a SMP has been or will be submitted for local government approval indicate the local government that approval is being requested from, and indicate under what State stormwater program the activity will be covered by. Any 401 Certification approved under this scenario shall be conditioned so that the proposed activity shall not commence until such time that the appropriate local approval has been granted." We are requesting a conditional 401 Approval contingent upon receiving the appropriate Stormwater Management Plan Approval from the City of Raleigh The applicant understands that none of the proposed activities shall commence until the SMP Approval has been issued by the City of Raleigh and copies of the approved plans and su orting documentation have been forwarded to the NC DWQ We have included an overall conceptual plan of the proposed stormwater management facilities as well as the necessary diffuse flow design, calculations and worksheets per the Neuse Buffer Rules Per previous meetings with Annette Lucas, the roadway infrastructure will require a stormwater management facility (currently under review with Raleigh) and each individual lot will require a separate stormwater management plan which will be triggered upon site disturbance The applicant is aware that a condition of the 401 Approval will be the submission of the SMPs for each lot prior to that lot being developed. This will ultimately become a condition of the site plan approval process for each lot with the City of Raleigh 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. The project will tie into the City of Raleigh sanitary sewer system and the City will ensure that they do not exceed their available capacity. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development which could impact nearby downstream water quality? Yes ? No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: We have reviewed the "DRAFT Internal Policy Cumulative impacts and the 401 Water Quality Certification and Isolated Wetland Programs" document prepared by the NC Division of Water Quality on April 10, 2004, version 2 1 This project does not meet any of the criteria of private projects that can clearly result in cumulative impacts This development is very small in nature Page 9 of 10 and is within an already developed landscape and therefore the utility infrastructure (i.e. water and electricity) are already in place to service the proposed development Additionally, this project meets the current zoning requirements and intended uses established for this location by the City of Raleigh. We anticipate that you will advise us if a qualitative or quantitative impact analysis is required. 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). Per previous meetings with Annette Lucas, the roadway infrastructure will require a stormwater management facility (currently under review with Raleigh) and each individual lot will require a separate stormwater management plan which will be triggered upon site disturbance The applicant is aware that a condition of the 401 Approval will be the submission of the SMPs for each lot prior to that lot being developed This will ultimately become a condition of the site plan approval process for each lot with the City of Raleigh It was also during this meeting that Amy Chapman approved the proposed design for conveying offsite stormwater that currently discharges to the site to the buffer without diffuse flow (see the attached Beacon Lake Storm water Narrative) // y /o \QpyycanuHgent• signature 'Date (Agent's signature is v d only if an authorization letter from the applicant is provided.) Page 10 of 10 T3 J 'gyp/ ='}`y11 T s ..?s?`?' ( I ! ` ?.• 14 yr, ?`? J Corm Project No. Flcjure I - I :24K USGS 1O7O8.W1 Topographic Quadrangle Project Mgr.: Beacon Lake Dr Site CF BNK scale: Wake County, NC I " = 2,000' 04/23/07 Raleigh East Quadrangle ??1?~ X111 -_ ?? )?/ 11 Soil & Environmental Consultants, PA 11010 Raven Ridge Rd.- Raleigh, NC 27614 (919) 846-5900 • (919) 846-9467 Web Page: www.SandEC.com Project No. Figure 2 - NKCS Soil Io7o8.w1 Survey Map Project Mgr.: beacon Lake Dr Site CF BN K scale: Wake County, NC I"=400' 04/23/07 Wake County Soil Survey r'111 FAMI s � - � Ip f } Soil & Environmental Consultants, PA 11010 Raven Ridge Rd.• Raleigh, NC 27614 (919) 846-5900 • (919) 846-9467 Web Page: www.SandEC.com Environmental Consultants, PA Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fag: (919) 846-9467 AGENT AU THORIZATION-FORM All Blanks To Be Filled-In By The Current Landowner Name: Beacon Lake Industrial Commons, LLC _ Address: 5112 Departure Drive Raleigh, N-C. 27616 Phone: 919-863-8881 Project Name/Description: Beacon Lake Date; /P"r h 9 . The Department of the Army U.S. Army Corps of Engineers, Wilmington District P.O. Box 1890 Wilmington, NC 28402 Attn: ? " IZ- ; Field Office: Raleigh _-- Re: Wetlands Related Consulting and Permitting To Whom It May Concerns S&EC Project# 1-Wl-74 (10708.P1/P2) I, the current proper owner, hereby designate and authorize Soil &'Environmental Consultants, PA to act in my behalf as my agent in the processing of permit applications, to furnish upon reques supplemental information in support of applications, etc. from this day forward The day of This notification supersedes any previous correspondence concerning the agent for this project. NOTICE: This authorization, for liability and professional courtesy reasa s, is valid only for government officials to enter the property when accompanied by S& st . You shoul S&EC to arrange a site meeting prior to visiting the site. PPIT2t a14• D? oa 1 , Managing Member Print Property Owner's Name Property Owner's Signature cc: Ms. Cyndi Karoly cc Mr. Steven Ball NCDENR - DWQ Soil & Environmental Consultants, PA 2321 Crabtree Boulevard Raleigh, NC 27604 ChaClOttE,aff7CE' Grcensboro Office: 236 LePhMip Court. Suite C 3817-E Liwndale Drive Concord, NC 28025 Greensboro, NC 27455 Phone: (704) 724-9405 Phone• (336) 544-8234 Fax: (7114) 720-9406 Fax: (336) 540-8235 IMPACT MAPS N011V1JOI10S 019 HOd 3 ovmnS HO NOIL7AH13N00 HOa 03SV313H ION'SONIMVHa AHVNIWI © N8110N1 11YM1 MM9LfIW1'41M1Y1 M 1 7IIN At - .1 Irma YN90w RMN Mal- 1NM 'Homwr ao Aw ?a%Am???>?w1 'NNCH ? NON.?8i0 iLYU ' (Il¢ Mr1011Y? N1110N'1Y==%u WnvIM'ih10 l7ILLL ypYJAfll em. MIT v rmm RL MIUM 711 imw em. 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LL , o= NO]4 z Z I- V) N NOZV a o La LL - LL LL Q M CO tea: WO z w N N O Z W N z Q 1- W LL N Q O v z w Q a? ?- 9 V LL a a - ?z a z a` \ Wx o: F- N Z W J I -- L) Q 0 CL Z ? a J F W W o. 3e r I I? j? ommommi JURISDICTIONAL DETERMINATION PACKAGE & DWQ DETERMINATIONS JD Information: j°bL? 4/25/2007 Property owner: Fountain, John and Stewart PO Box 31627 Raleigh, NC 27622 Applicant: Bass, Nixon, and Kennedy 3319 Heritage Trade Drive, Suite 201 Wake Forest, NC 27586 Physical site address (road number, town, etc.): Plainview Drive, Raleigh, NC Subdivision name. N/A Lot Number: N/A Property Tax ID number, if available. 1724634609 Driving directions to the site. From Raleigh, take New Bern Ave (US 64 Business) east past I-440. Take a right on Plainview Drive. The site is at the end of Plainview Drive. Name of nearest named water body to which Crabtree Creek, QNSW the site is hyrdologically connected. Name of nearest named water body to the site N/A (if you believe the site may be isolated). Name of drainage basin. Neuse Basin Decidegrees location of the site (available from 35.7926°N, 78.5780°W (NAD83/WGS84) to ozone.com). Name of USGS quad in which the site is Raleigh East found. Total area (approximate in acres) of the site. +/-22 Area (approximate in acres) of wetlands on +/- 1 site, based on your delineation. MAY-15-2007 14:11 BNK WAKE FOREST Wake Forest Office ? TOCklk-tS Fe-04.aEV-.6 T,rnm,-- e?' P.01i01 pa Co S ? r: Date s -(s-6-7 Phone 6 -&-5400 Phone 919-8514422 Fax# 04.4,. R 1-4-2 Fax# 919-57Q-1x62 +?+•+? $Oil %w %-j1LYxx-o-%w;xviw&jAs, PA 11010 Rsvan Ridge Read • RnWg% NaO Carolma 27614 • 1'bm: (919) 845.5900 • Fxx: (919) 646-9-067 • W*Vcota AGENT AUMORtZATION FORM or Municipal officipj All Dbaplq, To Be Filled In DX a Current LandqvMer Nano: Address: 5112 t_V.EZ _ ?-ArL- t? &tt7_LZ (/) ?. Phone: t ( Project NamelDcscription: _Beacon Lake Drive Site s&ECProject# 1070$,W1 Date: 5/10/07 Tht Department of-the Army U.S. Army Corps of Engine, Wilmington District P.O. Box 1890 Wilmington, NC 28402 Attn: -7,411 e Field Of&ce: -PA1 %r'y FI EU O42Pi c.r r Re: Wetlands Related Consulting and Permitting To Wham it May Concern: t the current landowner or municipal official! hereby designate and authorize Soil & Enviroti nental Consultants, PA to act in my behalf as my agent in the procming of permit applications, to furnish upon, rc qucst supplemental -VI information in support of applications, etc. from this day forward. The _ day of M ,% This notifiea(ipti supersedes any previous correspondence concurring the agent for this project. NOTICE; This anthorintion, for liability and pratesslobal courtesy reaao W d only for gover finials to enter the property when actompanied by S&EC staff. You should caII EC to mange a site m Vffig p rte visiting the site. _ ?T'G?tCk.- f+n Print Property Owner's or Municipal Of vial's Name ro crty Owner's or Mum fficial' Signature cc: Ms. Cyndi Kmly cc: :.Tr. Chris Flower's NCDENR - DWQ Soil & Environmental Consultants, PA 2321 Crabtre : Boulevard Raleigh, NC 27604 S?hadeNt_Officz: 236 IxPhilllp suite C ?m Office- Concord, NC C 23025 28025 3817-E LAwnUe Drive Phone, (704) 720.9405 Ph Crmsboro, NC 27455 Fax (704) 72p-9406 Phan& (336) 540-8234 Fax; (336) 540.8235 TOTAL P.01 -" hK •J I ??? ;??%-' %? , ? .i I_T0-jr L r-r-I 1•I az j 1 I i i x 3z9-,?l i?? I D, U a l - } 711 All t dti h! Y 'Y '??'?.ai'Fetlll ilff ?i ¦?' ? ?-?<-_???'?<<. ?\'11'.,. `'\ ??•' .1111 ? i1 ? I I,`, \ \I\ ` 31 61 ef ?, `4 '?/ ?. +Vr f'i %? ,J: sr .? t i 4 yy! / * ?.?1?'.`?\'. 5 :: '•? ,^ , r /f? J•%. rxeq ?`. (I ? ? Jte ,Ge _ ??L-Ir-` , r I ;..JG`?'/' ?' l r ?, ? -IWi- -? l r-. :i '/F;?• . I'? - r+ -- I I •,r) .'.I H"? `? ( r-? 'l ?, --,• ,- . +?`:? 1 i IUI.:r,' 'N' .. 1 "C?? ?• j { `_x'` _ I .,?I.. J3 \ - kde Ch V _ 1,r ? '. ? •?i n - y ?-?,j??/ r+t / Alrr-?_?^,? r;--•r ` l 7 CK ` ,??k ( ?`+ '?)'?.`? 11 J???•i ? >..'? `.i'? r i; .?" \ i T?'1-` !111 ?-_5"- -- Project No. Figure I - 1:24K USGS 10705.W I Topographic Quadrangle Project Mgr.: Deacon Lake Dr Site Soil & Environmental Consultants, PA CF ? BNK 11010 Raven Ridge Rd.- Raleigh, NC 27614 Scale: Wake County, NC (919) 846-5900 • (919) 846-9467 Web Page: www,SandEC.com I " = 2,000' 04/23/07 Raleigh East Quadrangle AiW BMWip D Ap8 k r -?? ltPC2 ? ? r ? I yT"` y4 17, 7 Ap8 4 e M Dug( APB i? I AnB : 4 y k C A.- , F882 +, '3fl " r ?Ic 2' LoC L` 11 tfi . LoC-Ai " f+ A r>?? ??' 5 q _a r ., l m 'e `LoD . L " I Ap8/ a? Project No. Figure 2 - NKCS Soil 1o7o8.wi Survey Map Project Mgr.: Beacon Lake Dr Site • ? Soil & Environmental Consultants, PA CF BNK 11010 Raven Ridge Rd.- Raleigh, NC 27614 Scale: Wake County NC (919) 846-5900 • (919) 846-9467 , Web Page: www,SandEC.com I " = 400' Wake County Soil Survey 04/23/07 Wetland Delineation Performed By: Soil & Environmental Consultants, PA 11010 Raven Ridge Road Raleigh, North Carolina 27614 (919) 846-5900 Project/Site: Beacon Lake Drive Site Plot ID: DF #1 Flag SOILS Map Unit Name Drainage Class: (Series and Phase): Field Observations Taxonomy (Subgroup): Confirm Mapped Type? Yes _ No Profile Description: Depth Matrix Color Mottle Color Mottle Texture, Concretions, inches Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-2" 10YR 3/2 2-8" 2.5Y 5/3 8-12+ 2.5Y 4/1 2.5Y 516 10-20% Hydric Soil Indicators: Histosol Concretions Histic Epipedon High Organic Content in Surface Layer in Sandy Soils Sulfidic Odor Organic Streaking in Sandy Soils Aquic Moisture Regime Listed on Local Hydric Soils List Reducing Conditions Listed on National Hydric Soils List x Gleyed or Low-Chroma Colors Other (Explain in Remarks) Remarks: 1 .1 WETLANDS DETERMINATION Hydrophytic Vegetation Present? x Yes No Is this sampling point within a wetland? Wetland Hydrology Present? Yes x No Yes x No Hydric Soils Present? x Yes No Remarks: IL- I Wetland Delineation Performed By: Soil & Environmental Consultants, PA 11010 Raven Ridge Road Raleigh, North Carolina 27614 (919) 846-5900 DATA FORM #1 ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: Beacon Lake Drive Site Date: 4/22/07 Applicant/Owner: Bass, Nixon, Kennedy County: Wake Investigator: Luke Tuschak State: NC Do Normal Circumstances exist on the site? X Yes No Community ID: Disturbed sewer line Is the site significantly disturbed (Atypical Situation)? Yes X No Transect ID: Is the area a potential Problem Area? Yes X No Plot ID: DF #1 Flag If needed, explain on reverse. VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. Liquidambar styracif/ua Tree FAC+ 9. 2. Pinus teada Tree FAC 10. 3. Liriodendron tulipfera Tree FAC 11. 4. Vitis rotundifolia Woody FAC 12. 5. 13. 6. 14. 7. 15. 8. 16. Percent of Dominant Species that are OBL, FACW, or FAC (excluding FAC-): 100% Remarks: HYDROLOGY _ Recorded Data (Describe in Remarks): Stream, Lake or Tide Gauge Aerial Photographs _ Other X No Recorded Data Available Wetland Hydrology Indicators: Primary Indicators: _ Inundated _ Saturated in Upper 12 Inches _ Sediment Deposits Drainage Patterns in Wetlands Field Observations: Secondary Indicators (2 or more required): _ Oxidized Root Channels in Upper 12 Inches Depth of Surface Water: - (in.) _ Water-Stained Leaves Local Soil Survey Data Depth to Free Water in Pit: - (in.) x FAC-Neutral Test - Other (Explain in Remarks) Depth to Saturated Soil: - (in.) Remarks: Wetland Delineation Performed By: Soil & Environmental Consultants, PA 11010 Raven Ridge Road Raleigh, North Carolina 27614 (919) 846-5900 Project/Site: Beacon Lake Drive Site Plot ID: DF #1 Flag 17 SOILS Map Unit Name Drainage Class: (Series and Phase): Field Observations Taxonomy (Subgroup): Confirm Mapped Type? _ Yes _ No Profile Description: Depth Matrix Color Mottle Color Mottle Texture, Concretions, inches Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-12" 2.5Y 414 Hydric Soil Indicators: Histosol Concretions Histic Epipedon High Organic Content in Surface Layer in Sandy Soils Sulfidic Odor Organic Streaking in Sandy Soils Aquic Moisture Regime Listed on Local Hydric Soils List Reducing Conditions Listed on National Hydric Soils List Gleyed or Low-Chroma Colors Other (Explain in Remarks) Remarks: L J WETLANDS DETERMINATION Hydrophytic Vegetation Present? x Yes _ No Is this sampling point within a wetland? Wetland Hydrology Present? Yes x No Yes x No Hydric Soils Present? Yes x No Remarks: Wetland Delineation Performed By: Soil & Environmental Consultants, PA 11010 Raven Ridge Road Raleigh, North Carolina 27614 (919) 846-5900 DATA FORM #1 ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: Beacon Lake Drive Site Date: 4/22/07 Applicant/Owner: Bass, Nixon, Kennedy County: Wake Investigator: Luke Tuschak State: NC Do Normal Circumstances exist on the site? X Yes No Community ID: Disturbed sewer line Is the site significantly disturbed (Atypical Situation)? Yes X No Transect ID: Is the area a potential Problem Area? Yes X No Plot ID: DF #1 Flag If needed, explain on reverse.) 1 11 VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. Juncus effuses Herb FACW 9. 2. Salix nigra Tree OBL 10. 3. Carex sp. Herb FACW 11. 4. Andropogon virginicus Herb FAC- 12. 5. 13. 6. 14. 7. 15. 8. 16. Percent of Dominant Species th at are OBL, FACW, or FAC (excluding FAC-): 75%0 Remarks: HYDROLOGY - Recorded Data (Describe in Remarks): Stream, Lake or Tide Gauge - Aerial Photographs _ Other X No Recorded Data Available Wetland Hydrology Indicators: Primary Indicators: _ Inundated _ Saturated in Upper 12 Inches Sediment Deposits Drainage Patterns in Wetlands Field Observations: - Secondary Indicators (2 or more required): _ Oxidized Root Channels in Upper 12 Inches Depth of Surface Water: - (in.) _ Water-Stained Leaves Local Soil Survey Data Depth to Free Water in Pit: - (in.) _ x FAC-Neutral Test Depth to Saturated Soil: - (in.) Other (Explain in Remarks) Remarks: .1L ON 'o0 E) iPM NNB 91!S as GNBI u0089e rieqosnl arln-1 I 6M'80Lo? I saannold sia43 :Aq paiedaad :aagwnN IOafad Ja6euew ;Oafad ,09L =.3:81e3S den uoja? S puallaM woa'03Pueg'mmm :abed 4aM LW-909 (616) • 0069-9fr8 (616) b 19LZ ON 'U6ialea •'P8 a6PRi Maned 01011 dJ 's;urlrn.suo:) pluamucayAug V dos • J U O J U r> N J U r N s F- ?• U I / ? Cl) i ???. Ar' V ?• N ` c. c _. co •? U • i cd • ` M . a U • ` o `i co LL i CL 'FD ip o cn cc W U U • `i ? `1 f ° J % m d U L >? >? co _ ER E U w E w ?E w 4- C 9 O W C W V a) U d z z? E 2 S L- .a V E F- = F_ E V? N E c O E ?_ ?O a) $ to c F- U H e Uc U E ` ro c W e w L z d a m 0 N 6 m e m V c c _ 3 E U C a7 (n C Q U) (? (n Q fA (n z g T q w o w w a = c F" w ~ aiZ H a5z F ~ U-.-- o"; LL U`c LL A Ob U- ^, Ow LL o J w of CO uj ? w Q w z LL w w LU wLL w U LL w wU W Lua 0 f" LL Q f-- LL Q f- w I- D I- Q n u u u u u i -a i { f ? J = 1 ? cu ?? U ? ??1~ • 0? o ,• m ??° ``?, ;M ?. i i ? i E o` f `o E f LL t E co i U cu co 1 m c 1 U co { O 1 1 { i 1 _ i t E o` (U? 0 , N ? adJ? C c0 W W ? O y O U Q Co O co q ? rn O 4 w..a i -• U N O r i ni A a) LL C lq* O M N Lo r r O m s 7 ap v A o Y } u" U1 o o 3°°poe a t 'oro?u++ &a. ., E3.cro. a O C l] v K o -: ~ C 0 N ?? L N id ? y ? ? B w ?aa.o o c 4? E¢?[ y v N 7 W U O q C i o c Lp v o o ' o E a+ 4 ? ?p;?v H ?a C u o E V Uz o c o c> ro $3 o z' q UU u roe C°i3 2,6 „ m ro ro 'O .C w O C v V ?n`ati=3Cip; W. o $'? ro o ?, m m?22Los APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION I: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): B. DISTRICT OFFICE, FILE NAME, AND NUMBER: C. PROJECT LOCATION AND BACKGROUND INFORMATION: Beacon Lake S&EC Project # 10708 State:NC County/parish/borough: Wake City: Raleigh Center coordinates of site (lat/long in degree decimal format): Lat. 35.792536° N, Long. -78.574877° W. Universal Transverse Mercator: Name of nearest waterbody: Crabtree Creek Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Crabree Creek Name of watershed or Hydrologic Unit Code (HUC): 03020201080020 ® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. ? Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a different JD form. D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ? Office (Desk) Determination. Date: ® Field Determination. Date(s): 06/20/07 SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There Are no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Required] ? Waters subject to the ebb and flow of the tide. ? Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There Are "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required] 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply): t ? TNWs, including territorial seas ? Wetlands adjacent to TNWs ® Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs ? Non-RPWs that flow directly or indirectly into TNWs ® Wetlands directly abutting RPWs that flow directly or indirectly into TNWs ? Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs ? Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs ? Impoundments of jurisdictional waters ? Isolated (interstate or intrastate) waters, including isolated wetlands b. Identify (estimate) size of waters of the U.S. in the review area: Non-wetland waters: 2,413 linear feet: width (ft) and/or 0.2231 acres. Wetlands: 0.0375 acres. c. Limits (boundaries) of jurisdiction based on: 1987 Delineation Manual Elevation of established OHWM (if known): 2. Non-regulated waters/wetlands (check if applicable):3 Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: 1 Boxes checked below shall be supported by completing the appropriate sections in Section III below. 2 For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally" (e.g., typically 3 months). 3 Supporting documentation is presented in Section IILF. SECTION III: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2 and Section IILD.1.; otherwise, see Section III.B below. 1. TNW Identify TNW: Summarize rationale supporting determination: 2. Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent": B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapanos have been met. The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round (perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section III.D.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbody4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section IILC below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: 300acres Drainage area: 300 acres Average annual rainfall: 46.9 inches Average annual snowfall: 6 inches (ii) Physical Characteristics: (a) Relationship with TNW: ® Tributary flows directly into TNW. ? Tributary flows through Pick List tributaries before entering TNW. Project waters are 1(or less) river miles from TNW. Project waters are Pick List river miles from RPW. Project waters are 1 (or less) aerial (straight) miles from TNW. Project waters are Pick List aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: no. Identify flow route to TNW5: Rpw flows directly into TNW. Tributary stream order, if known: Stream changes from 1 S` to 3`d order on site. 4 Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and West. 5 Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW. (b) General Tributary Characteristics (check all that apply): Tributary is: ® Natural ? Artificial (man-made). Explain: ? Manipulated (man-altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: 5 feet Average depth: 2 feet Average side slopes: Vertical (1;1 or less). Primary tributary substrate composition (check all that apply): ® Silts ® Sands ? Cobbles ® Gravel ® Bedrock ? Vegetation. Type/% cover: ? Other. Explain: ? Concrete ? Muck Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: moderately stable. Presence of run/riffle/pool complexes. Explain: some riffle pool complexes exist. Tributary geometry: Relatively straight Tributary gradient (approximate average slope): 1-2 % (c) Flow: Tributary provides for: Seasonal flow Estimate average number of flow events in review area/year: 20 (or greater) Describe flow regime: Other information on duration and volume: Surface flow is: Discrete and confined. Characteristics: Subsurface flow: Unknown. Explain findings: ? Dye (or other) test performed: Tributary has (check all that apply): ® Bed and banks ® OHWM6 (check all indicators that apply): ® clear, natural line impressed on the bank ® changes in the character of soil ® shelving ® vegetation matted down, bent, or absent ® leaf litter disturbed or washed away ® sediment deposition ® water staining ? other (list): El Discontinuous OHWM.7 Explain: the presence of litter and debris destruction of terrestrial vegetation the presence of wrack line sediment sorting scour multiple observed or predicted flow events abrupt change in plant community If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply): ? High Tide Line indicated by: ? Mean High Water Mark indicated by: ? oil or scum line along shore objects ? survey to available datum; ? fine shell or debris deposits (foreshore) ? physical markings; ? physical markings/characteristics ? vegetation lines/changes in vegetation types. ? tidal gauges ? other (list): (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: watershed is currently comprised of undisturbed forest, commercial, and residential area. Identify specific pollutants, if known: No pollutants were tested for or are known . 6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. Ibid. (iv) Biological Characteristics. Channel supports (check all that apply): ® Riparian corridor. Characteristics (type, average width): forested 50-100'. ? Wetland fringe. Characteristics: ® Habitat for: ? Federally Listed species. Explain findings: ? Fish/spawn areas. Explain findings: ? Other environmentally-sensitive species. Explain findings: ® Aquatic/wildlife diversity. Explain findings: Stream provides habitat for aqautic flora and fauna typical of 1 s` to 3`a order stream in the piedmont of NC. 2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties: Wetland size:0.0375 acres Wetland type. Explain: riparian bottomland hardwood forest. Wetland quality. Explain: moderate. Project wetlands cross or serve as state boundaries. Explain: no. (b) General Flow Relationship with Non-TNW: Flow is: Ephemeral flow. Explain: Surface flow is: Discrete and confined Characteristics: Subsurface flow: Unknown. Explain findings: ? Dye (or other) test performed: (c) Wetland Adjacency Determination with Non-TNW: ® Directly abutting ? Not directly abutting ? Discrete wetland hydrologic connection. Explain: ? Ecological connection. Explain: ? Separated by berm/barrier. Explain: (d) Proximity (Relationship) to TNW Project wetlands are 1 (or less) river miles from TNW. Project waters are 1 (or less) aerial (straight) miles from TNW. Flow is from: Wetland to navigable waters. Estimate approximate location of wetland as within the 100 - 500-year floodplain. (ii) Chemical Characteristics: Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed characteristics; etc.). Explain: wetland watershed is currently comprised of undisturbed forest, commercial, and residential area. Identify specific pollutants, if known: No pollutants were tested for or are known . (iii) Biological Characteristics. Wetland supports (check all that apply): ® Riparian buffer. Characteristics (type, average width):5-10. ® Vegetation type/percent cover. Explain:wetland vegetation 70-90% coverage. ® Habitat for: ? Federally Listed species. Explain findings: ? Fish/spawn areas. Explain findings: ? Other environmentally-sensitive species. Explain findings: ® Aquatic/wildlife diversity. Explain findings:Wetland provides habitat for aqautic flora and fauna typical of riparian wetlands abutting streams in the piedmont of NC. 3. Characteristics of all wetlands adjacent to the tributary (if any) All wetland(s) being considered in the cumulative analysis: 6 Approximately ( 0.0375 ) acres in total are being considered in the cumulative analysis. For each wetland, specify the following: Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres) y 0.0055 y 0.0166 y 0.0095 y 0.0032 v 0.0017 0.0010 Summarize overall biological, chemical and physical functions being performed: The wetlands on subject property serve to provide flood control, aquatic flora and fauna habitat, and groundwater/aquifer recharge. C. SIGNIFICANT NEXUS DETERMINATION A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream foodwebs? • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: 1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D: 2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: 3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLY): 1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: TNWs: linear feet width (ft), Or, acres. ? Wetlands adjacent to TNWs: acres. 2. RPWs that flow directly or indirectly into TNWs. ® Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is perennial: stream exhibits geomorphological, biological and hydrologic indicators of perennial streams in the piedmont of NC. ® Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows seasonally: Provide estimates for jurisdictional waters in the review area (check all that apply): ® Tributary waters: 2,413 linear feet width (ft). Other non-wetland waters: acres. Identify type(s) of waters: Non-RPWss that flow directly or indirectly into TNWs. ? Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional waters within the review area (check all that apply): ? Tributary waters: linear feet width (ft). ? Other non-wetland waters: acres. Identify type(s) of waters: Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. ® Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. ® Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Wetlands are not separated from streams by a berm or break in jurisdiction. ® Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Wetlands are not separated from streams by a berm or break in jurisdiction. Provide acreage estimates for jurisdictional wetlands in the review area: 0.0375acres. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. ? Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area: acres. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. ? Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional wetlands in the review area: acres. Impoundments of jurisdictional waters.9 As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional. Demonstrate that impoundment was created from "waters of the U.S.," or ? Demonstrate that water meets the criteria for one of the categories presented above (1-6), or ? Demonstrate that water is isolated with a nexus to commerce (see E below). E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY):" ? which are or could be used by interstate or foreign travelers for recreational or other purposes. from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. which are or could be used for industrial purposes by industries in interstate commerce. Interstate isolated waters. Explain: Other factors. Explain: sSee Footnote # 3. 9 To complete the analysis refer to the key in Section IILD.6 of the Instructional Guidebook. 10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos. Identify water body and summarize rationale supporting determination: Provide estimates for jurisdictional waters in the review area (check all that apply): ? Tributary waters: linear feet width (ft). ? Other non-wetland waters: acres. Identify type(s) of waters: ? Wetlands: acres. F. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): ? If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. ? Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. ? Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the "Migratory Bird Rule" (MBR). ? Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain: ? Other: (explain, if not covered above): Provide acreage estimates for non-jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional judgment (check all that apply): ? Non-wetland waters (i.e., rivers, streams): linear feet width (ft). ? Lakes/ponds: acres. ? Other non-wetland waters: acres. List type of aquatic resource: ? Wetlands: acres. Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction (check all that apply): ? Non-wetland waters (i.e., rivers, streams): linear feet, width (ft). ? Lakes/ponds: acres. ? Other non-wetland waters: acres. List type of aquatic resource: ? Wetlands: acres. SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked and requested, appropriately reference sources below): ® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: ® Data sheets prepared/submitted by or on behalf of the applicant/consultant. ? Office concurs with data sheets/delineation report. ? Office does not concur with data sheets/delineation report. ? Data sheets prepared by the Corps: ? Corps navigable waters' study: ? U.S. Geological Survey Hydrologic Atlas: ? USGS NHD data. ? USGS 8 and 12 digit HUC maps. ® U.S. Geological Survey map(s). Cite scale & quad name: 1:24,000 Raleigh East Quadrangle. ® USDA Natural Resources Conservation Service Soil Survey. Citation:Wake county soil survey November 1970. ? National wetlands inventory map(s). Cite name: ? State/Local wetland inventory map(s): ? FEMA/FIRM maps: ? 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ? Photographs: ? Aerial (Name & Date): or ? Other (Name & Date): ? Previous determination(s). File no. and date of response letter: ? Applicable/supporting case law: ? Applicable/supporting scientific literature: ? Other information (please specify): B. 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N 4o 4JO0 toe 80'6!9'9ZL'Z 3 fE'Z£9'£bL N dl3 E 3 £b1 N / d/3 £!L'9Zt•Z 3 08'£69'£b! N 6£'951'9 B Z OS' 801 6Z ZS'L4L•9ZL'Z B6'4t1•Eb1 t 0£ ??F WAT?9Q Michael F. Easley, Governor William G. Ross Jr., Secretary O G North Carolina Department of Environment and Natural Resources r Alan W. Klimek, P.E. Director O Division of Water Quality May 9, 2007 Soil & Environmental Consultants Attn: Luke Tuschak E C E I V E 11010 Raven Ridge Road D Raleigh, NC 27614 MAY I O 1001 RRO#07-076 Soil 6 En*wmental Consultants, P^ ?`xrake County BASIN: Neuse River X Tar-Pamlico (15A NCAC 2B .0233) (15A NCAC 2B .0259) Complaint NOV Buffer Determination X Incident # Appeal Call Project Name: Beacon Lake Drive Site Location/Directions: located southeast of the intersection of Business 64 East and I-440, adjacent to I-440 Subiect Stream: UT to Crabtree Creek Date of Determination: 5/9/07 Feature(s) Not Subject Subject Start @ Stop@ Stream Form Pts. Soil Survey USGS Topo A X Fla A Fla Al X B X Fla B X C X not contested X D X not contested X X E X not contested X X F X not on maps) G X not contested X X Explanation: The feature(s) listed above has or have been located on the Soil Survey of Wake County, North Carolina or the most recent copy of the USGS Topographic map at a 1:24,000 scale. Each feature that is checked "Not Subject" has been determined not to be a stream or is not present on the property. Features that are checked "Subject" have been located on the property and possess characteristics that qualify it to be a stream. There may be other streams located on your property that do not show up on the maps referenced above but, still may be considered jurisdictional according to the US Army Corps of Engineers and/or to the Division of Water Quality. This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWQ or Delegated Local Authority that a surface water exists and that it is subject to the buffer rule may request a determination by the Director. A request for a determination by the Director shall be referred to the Director in writing c/o Cyndi Karoly, DWQ Wetlands/401 Unit, 2321 Crabtree Blvd., Raleigh, NC 27604-2260. Individuals that dispute a determination by the DWQ or Delegated Local Authority that "exempts" a surface water from the buffer rule may ask for one ,. t an ad judicatory hearing. You must act within 60 days of the date that you receive this letter. Applicants are No?rtUhCaroCarohnma North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone (919) 791-4200 Customer Service Internet: h2o.enr.state.nc.us 1628 Mail Service Center Raleigh, NC 27699-1628 FAX (919) 571-4718 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Beacon Lake Drive Site Wake County 5/9/07 Page 2 of 2 hereby notified that the 60-day statutory appeal time does not start until the affected party (including downstream and adjacent landowners) is notified of this decision. DWQ recommends that the applicant conduct this notification in order to be certain that third party appeals are made in a timely manner. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This determination is final and binding unless you ask for a hearing within 60 days. The (owner/future owners) should notify the Division of Water Quality (including any other Local, State, and Federal Agencies) of this decision concerning any future correspondences regarding the subject property (stated above). This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be directed to the Division of Water Quality (Central Office) at (919)-733-1786, and the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-876-8441. Respectfully, Lauren M. obb Environmental Senior Specialist CC: Wetlands/ Stormwater Branch, 2321 Crabtree Blvd, Suite 250, Raleigh, NC 27604 RRO/SWP File Copy Central Files One hCarolina Nort NaAM1911y North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone (919) 791-4200 Customer Service Internet: h2o.enr.state.nc.us 1628 Mail Service Center Raleigh, NC 27699-1628 FAX (919) 571-4718 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper ?., f, ¦ _r7. _?,:i ``?'V ` / ?, t4t???• (?'1 1"`? ?ll ° l?'., ?1 ` \ F' ? I } ?? "?e:` /q ( j r? r? i ?^,.-? 2 `nom ?- l ' ?? !` ?`?? '? +'? ? ?t?,• ?? "J .?.\ ) (. \` ?\ ; ??? _/ -+ ^ ? ?.%? + 1 •J \ /;; ??I-J_/??`?• `? I,l\?. lar-- _ u?.?--\ t)y?% ? " ? / ? L- ? ??_-`?..- \?. •\ ? _ ter' ? o ?, •. ?'/ -- _l(+_•• !i)'fl"?`?? ,• b . St ???y'? ?J \') •;//- y5o? .? ,?• ? }iY '?? S ( l.?j r ?°'i\ 1 '!ii i ''?` `(1 ice. /?? ? ?•: u ?Ir_ \ Sa&?Cetm? ,_ ? '1.?`•? ?-R-. , ` 1! ?JO` ' ??? ? /f` C ? -? _ ? ?,`,.. . 1 ? ? ??I •,? ? 19???• \i ? \? f i--•t'1`?1? n?^. - i ? ate, \ ?0. ? i l - ? C' C?,L=/ ? _ K ? ? i ? ,'S \\ I ? ' %o ?\ \ ? /?"?,? \? iii ?„ ?- • ?? ? !f `? lk G ??? „? ,! Project No. Figure I - I :24K USGS 10708.W I Topographic Quadrangle Project Mgr.: Beacon Lake Dr Site Soil & Environmental Consultants, PA CF ? 13N r\ 11010 Raven Ridge Rd.• Raleigh, NC 27614 (919) 846-5900 • (919) 846-9467 Scale: Wake County, NC Web Page: www.SandEC.com " = 2,000' - 04/23/07 Raleigh East Quadrangle o ®, m?El a,9?? O .. ?'OC_n'6a, mi9 UO 'm? t9 °?,???° c 0. •.o d 8.1 1, A° 3 D n o a ^ o wSmc7a3 ? ?n ?$c w a?^'3° C mr9 'b? m o 'm OT <IL O CJ7 N W O O O T (D a ? 1 7 V I 1 1 ? a i u u 3 C? -:E 8? Cm cm Dg D? D ? D D ;. C) M G mT NA ?A mm -m z -M nN nM xtw AN O m0 QO o, 0 U2 O T yT '<T T -T M = S m= 9 5 2 n a g M m Cm o?^?m pwm z ai uci >W 03.y '-_ O m m m a C ? C f a' ?m ?m u w z `m `m 8 - 21 m m O? -00 c0 ^0 ? ? ° O? ^m m n m z z c Q ? m a o o c ' m c m c m m C 3 0 ? 3 A n A Qm ?m m n m m a `° SR ?v 1 1 1 0 3 ? 3 m 3 1 T ? ?? ? o 1 u vhX 19 1 D ' A A ----------------------- A C) C) \? ww? W k o •\ r?? 0 1 N ` J r e' i b'% -n o \ m \ A, 1 N - ? ?•? v % n N , •\ r N n r m 13 Soil & Environmental Consultants, PA Wetland Sketch Map Scale:l"=150' Beacon Lake Dr Site 11010 Raven Ridge Rd.- Raleigh, NC 27614 (919) 846-5900 •(919)846-9467 BNK Web Page' www.5andEC.com Project Manager: Project Number: Prepared by: Wake CO. NC Chris Flowers 10708.W1 Luke Tuschak Negosnl aMn-1 W90LU siemol:l siago ON •00 OVeM :Aq pamdaad :aagwnN }aafoad :aafeuew 13010ad woo-O3pueg-mmm :abed QaM NN9 L9b6-9" (666) • 0069-M (666) aIiS 14 a?ej uooaae 05 _ :a?eoS •? d o a u 1 a W l ?1 T S p I7 M b 69LZ ON Vlaley -'Pd a6Pia uanea 06066 ?j?j '9ITIL'Il178LI0, jL'jLI2lIILI0IiAlTg V POCS" ? ?t U N , co 1 t I { t, I , • Z - ..._ .? . ? • - - . 04. ` .,.. .. Cl) ?, ? C4 ' ,•,., _ to ? ? '?? W ? J U . W ,?, ' ? U O 06 J 0) -J U mUr) LL 0 co F- 0 ??cn i r A,('?? ?? ? ------------- L E j c 'Ca a) U ' I 'C b' . f l \ +?+ Il _ .?,. 11I i ? I I , t C\l \ \ 7 T \ o 0 7'O \` \ \ 76\ L69Z 2iS /! G1. y . ab I j N U,GGC E,6 :V3 /' I o NOC ?aav?m I z U) tN v v o m 1 ? ?: .? O ? Er?,c m roe? q 5 cad aaoc v? C) r. 0 to. 0 ' q 00 H N OE w'?•rovv"m? A.`:. ?H o?v?6 a? r40 tb ,-N ?w 0- z j% ty'0co q o 0.50o>?ro Gt? 5 bb 0 ca 0 'or Q C id WY? C n to ors ?i °Cc LL(jZ °? o u 0.l:- C` vvA>,ywm O ,O O noc cd Q r, Co 12 S ?n~ C) -2 2 •i U STORMWATER MANAGEMENT PLAN BEACON LAKE INDUSTRIAL COMMONS STORMWATER MANAGEMENT PLAN NARRATIVE for Compliance with NCDWQ Stormwater Requirements Submittal: January 2009 Prepared By: Bass, Nixon & Kennedy, Inc. Consulting Engineers BASS, NIXON & KENNEDY, INC., CONSULTING 3319 Heritage Trade Dr., Ste. 201 WAKE FOREST, NC 27587 P: 919/851-4422 Harry.Mitchell@BNKinc.com F: 919/570-1362 Greg.Brickham@BNKinc.com STORMWATER NARRATIVE Beacon Lake Industrial Commons Site Description: The parcel is a 25.14 acre site located at the intersection of Beacon Lake Drive and Commerce Park Drive in southeast Raleigh. The parcel is bordered to the North by residential parcels, to the east by developed industrial lots, to the west by an 1-440 transportation corridor and to the south by an unnamed tributary of Crabtree creek. The site is located in the Neuse Basin and is bordered by a floodplain associated with the tributary. The parcel is zoned Industrial, and will consist of an infrastructure extension of Beacon Lake Drive to facilitate the construction of (9) individual subdivided parcels. This Stormwater management plan is associated with the infrastructure construction and improvements and will not include the future development of the individual lots. According to the approved master plan, each of the (9) lots will require its own site plan and individual stormwater management plan, to be submitted to DWQ and subsequently the City of Raleigh for review and approval. Nitrogen calculations have been provided with this report. The impervious from the infrastructure result in a post-development export rate of less than the 3.6lb/ac/yr threshold for the Neuse basin. To ensure the site meets all nitrogen standards at the full built out condition, each lot will be responsible for a portion of the infrastructure impervious, and must include that area in their nitrogen export calculations. A breakdown of this impervious by lot has been included on the plans submitted to the City of Raleigh. Stormwater Management Plan: The intent of the management scheme for the infrastructure improvements is to maintain the pre-development hydrology to the greatest extent practicable. The proposed extension of Beacon Lake drive will traverse the stream, and a twin 8' x 7' box culvert is proposed to carry the flows under the road. As the parcel is located adjacent to a tributary, a great deal of offsite drainage passes over the site prior to entering the floodplain and stream buffer. There are four main pre- development drainage points at the tributary (DP #1-4). DP# 1-3 are overland flow drainage points to the Neuse buffers/stream, while DP#4 is an outfall from an existing underground stormwater conveyance system that discharges directly to the stream channel. The post-development storm conveyance system is a combination of storm outfalls meant to a.) Convey offsite water across the parcel to the stream b.) Convey and treat water from the proposed street impervious area to an existing storm system near the site entrance at Commerce Park Drive. There are (4) Post-Development storm outfalls (1-4) that will facilitate the infrastructure improvements. A summary of the post-development drainage points/drainage areas are as follows: Drainage Point # 1: Drainage Point # 1 receives the discharge from DA# 1 (2.46ac. of Onsite Lot Area, 0% impervious) and DA#2 (0.47ac. of Onsite Street Area, 70.2% impervious). As DA# 1 consists only of land area subject to future development, no quantity or quality treatment is required at this time. A separate SMP will be submitted to DWQ prior to any future land disturbance beyond the scope of this phase of the project. As DA# 1.2 consists of proposed street/ROW with new impervious area, the drainage area is above 24% impervious at 70.2%. Therefore, stormwater quality treatment is required prior to discharge to the Neuse buffer/stream. The treatment of the I "/hr stormwater discharge will be achieved by an in-ground bio-retention cell located upstream of the City of Raleigh street inlet. This device will serve to reduce 35% of the nitrogen export and 85% of TSS. The proposed outfall that discharges to DP# 1 will require a structural BMP in the form of a DWQ preformed scour hole to return the concentrated flow back to sheet flow prior to entering the Neuse River Buffer. As the outfall pipe is 18" RCP and the 10-yr flow is less than 10cfs, the outfall meets the requirements to utilize a PFSH. The BMP will meet all other DWQ required criteria for use as a sheet flow device. Drainage Point #2: Drainage Point #2 receives the discharge from DA#2.1 (2.30ac. of Onsite Lot Area, 0% impervious). As DA#2.1 consists only of land area subject to future development, no quantity or quality treatment is required at this time. A separate SMP will be submitted to DWQ prior to any future land disturbance beyond the scope of this phase of the project. Drainage Point #3: Drainage Point #3 receives the discharge from DA#2 (8.47ac. of Offsite Bypass Area, 18.4% impervious), DA#3.1 (13.12ac. of Offsite Bypass Area, 23.2% impervious), DA #3.2 (2.15ac of Onsite Lot Area, 0.0% impervious), and DP#3.3 (1.12ac. of Onsite Lot Area, 0.0% impervious). As DA#2 consists only of offsite area, no quantity or quality treatment will be required for the discharge resulting from this area. The discharge will be collected into a proposed underground stormwater conveyance system prior to entering the site and discharged in such a manner to mimic pre-development drainage patterns to the greatest extent practicable. Per agreement with DWQ, the discharge from this system will not be subject to diffuse flow requirements. As DA#3.1 consists only of offsite area, no quantity or quality treatment will be required for the discharge resulting from this area. The discharge will be collected into a proposed underground stormwater conveyance system prior to entering the site and discharged in such a manner to mimic pre-development drainage patterns to the greatest extent practicable. Per agreement with DWQ, the discharge from this system will not be subject to diffuse flow requirements. As DA#3.2 consists only of land area subject to future development, no quantity or quality treatment is required at this time. A separate SMP will be submitted to DWQ prior to any future land disturbance beyond the scope of this phase of the project. As DA#3.3 consists only of land area subject to future development, no quantity or quality treatment is required at this time. A separate SMP will be submitted to DWQ prior to any future land disturbance beyond the scope of this phase of the project. Drainage Point #4: Drainage Point #4 receives the discharge from DA#4 (2.28ac. of Onsite and Offsite Lot Area, 66.1% impervious). As DA#4 consists of existing street/ROW and proposed street/ROW with new impervious area, the basin is above 24% impervious at 66.1%. Therefore, stormwater quality treatment is required prior to discharge to the Neuse buffer/stream. The treatment of the 1 "/hr stormwater discharge will be achieved by an in-ground bio-retention cell located upstream of each of the (6) proposed City of Raleigh street inlets. Nitrogen treatment is not proposed for the (2) existing storm inlets in this storm system. These devices will serve to reduce 35% of the nitrogen export and 85% of TSS at each treated inlet. The proposed underground stormwater conveyance system for the street infrastructure is proposed to connect to an existing system and outfall directly to the stream channel through a 24" RCP Pipe/Flared End Section. The connection is allowed per city of Raleigh since the new drainage would not surcharge the existing storm system. Per DWQ, the connection will be allowed as long as all new impervious is treated prior to entrance in the stream channel. Conclusions The proposed infrastructure improvement stormwater plan is in compliance with all City of Raleigh and DWQ Neuse Basin Rules. Pre- and Post-development nitrogen export calculations demonstrate that the infrastructure improvements do not raise the total site export rate above the 3.6lbs/ac/yr threshold. No payment will be made to the NCEEP for the improvements outlined in this plan. However, all new impervious area proposed in this plan has been allocated proportionally to the (9) future industrial lots to ensure the total nitrogen export is accounted at the final build out stage. However, as this site plan is considered by NCDWQ as a preliminary phase of a larger overall project, nutrient treatment will be required and provided for all proposed impervious areas. The treatment of these new impervious areas will be provided by (7) individual in-ground bio-retention cells to achieve 35% TN reduction and 85% TSS reduction. Additionally, each of the (9) individual future lots will be responsible for water quality and water quantity controls as governed by the City of Raleigh and State of NC DWQ requirements. An individual lot site plan and stormwater management plan must be submitted to and approved by NCDWQ prior to land disturbance beyond what is allowed by this infrastructure site plan. The proposed stormwater management plan complies with all applicable NCDWQ and City of Raleigh regulations. A ? P NCDENR JJoSw ffIN ^A`r/?/\/`ref,''???Y\\\\,, r a ; p ? ?c STORMWATER MANAGEMENT PERMIT APPLICATION FORM 401 CERTIFICATION APPLICATION FORM LEVEL SPREADER, FILTER STRIP AND RESTORED RIPARIAN BUFFER SUPPLEMENT This form must be completely filled out, printed and submitted. DO NOT FORGET TO ATTACH THE REQUIRED ITEMS CHECKLIST AND ALL REQUIRED ITEMS (NEXT WORKSHEET)I I. PROJECT INFORMATION Project name Beacon Lake Industrial Commons Contact name Keith Tew, PE Phone number 919-645-2091 (Direct) 919-851-4422 (Office) Date January 6th, 2009 Drainage area number Post-Dev DA#1.2 IL DESIGN INFORMATION For Level Spreaders Receiving Flow From a BMP Type of BMP N/A Drawdown flow from the BMP f- NW?(C-Tnk 5' V 0.00 cfs _ ' Forteval-SprEaders Receiving Flow from the Drainage Area Drainage area 20,376.00 ft2 Impervious surface area 14,292.00 ft2 Percent impervious 70.14 % Rational C coefficient 0.77 Peak flow from the 1 in/hr storm 0.36 cfs Time of concentration 5.00 min Rainfall intensity, 10-yrstorm 7.22 in/hr Peak flow from the 10-yr storm 2.60 cfs Where Does the bevel Sp Bader Discharge Z To a grassed bioretention cell? N (Y or N) To a mulched bioretention cell? N (Y or N) To a wetland? N (Y or N) To a filter strip or riparian buffer? Y (Y or N) Please complete filter strip characterization below. Other (specify) Storm System Discharges First to Preformed Scour Hole (PFSH) Filter Strip or Riparian Buffer Characterization (if applicable) Width of grass Width of dense ground cover Width of wooded vegetation Total width Elevation at downslope base of level lip Elevation at top of bank of the receiving water Slope (from level lip to to top of bank) Are any draws present? TT?5" 6eveW render Design Forebay surface area Feet of level lip needed per cis Answer "Y" to one of the following: Length based on the 1 in/hr storm? Length based on the 10-yr storm? Length based on the BMP discharge rate? Design flow Is a bypass device provided? 36.00 ft 46.00 ft 67.00 ft 149.00 ft 186.00 fmsl 180.00 fmsl 4.03 % OK N (Y or N) OK N/A sq ft OK 36 ft/cfs N/A (Y or N) N/A (Y or N) N/A (Y or N) 2.60 cfs N_(Y or N)(W/A 464- rre?&'rw&? $C6ar Aa1eJ Form SW401-Level Spreader, Finer Strip, Restored Riparian Buffer-Rev.5 Parts I. and II. Design Summary, page 1 of 2 Length of the level lip !'3 ft Are level spreaders in series? N (Y or N) Bypass Channel Design (if applicable) Does the bypass discharge through a wetland? N/A (Y or N) Does the channel enter the stream at an angle? N/A (Y or N) Dimensions of the channel (see diagram below): M NIA ft B N/A ft W N/A ft y N/A ft Peak velocity in the channel during the 10-yr storm N/A cfs Channel lining material N/A ! w ------------ M '0-' 1 ---------- M Form SW401-Level Spreader, Fitter Strip, Restored Riparian Buffer-Rev.5 Parts I. and II. Design Summary, page 2 of 2 Permit Number: (to be provided by DWOJ Drainage Area Number: Filter Strip, Restored Riparian Buffer and Level Spreader Operation and Maintenance Agreement I will keep a maintenance record on this BW. This maintenance record will be kept in a log in a known set location. Any deficient BNM elements noted in the inspection will be corrected, repaired or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the removal efficiency of the BNW. Important maintenance procedures: - Immediately after the filter strip is established, any newly planted vegetation will be watered twice weekly if needed until the plants become established (commonly six weeks). - Once a year, the filter strip will be reseeded to maintain a dense growth of vegetation - Stable groundcover will be maintained in the drainage area to reduce the sediment load to the vegetation. - Two to three times a year, grass filter strips will be mowed and the clippings harvested to promote the growth of thick vegetation with optimum pollutant removal efficiency. Turf grass should not be cut shorter than 3 to 5 inches and may be allowed to grow as tall as 12 inches depending on aesthetic requirements (NlPC,1993). Forested filter strips do not require this type of maintenance. - Once a year, the soil will be aerated if necessary. - Once a year, soil pH will be tested and lime will be added if necessary. After the filter strip is established, it will be inspected quarterly and within 24 hours after every storm event greater than 1.0 inch (or 1.5 inches if in a Coastal County). Records of operation and maintenance will be kept in a known set location and will be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. BMP element: Potential problem: How I will remediate the problem: The entire filter strip Trash/debris is present Remove the trash/debris. system The flow splitter device The flow splitter device is Unclog the conveyance and dispose (if applicable) clogged. of an sediment off-site. The flow splitter device is Make any necessary repairs or damaged. replace if damage is too large for repair. Form SWU401-Level Spreader, Filter Strip, Restored Riparian Buffer O&M-Rev.3 Page 1 of 3 BMP element: Potential problem: How I will remediate the problem: The swale and the level The swale is clogged with Remove the sediment and dispose lip sediment. of it off-site. The level lip is cracked, Repair or replace lip. settled, undercut, eroded or otherwise damaged. There is erosion around the Regrade the soil to create a berm end of the level spreader that that is higher than the level lip, and shows stormwater has then plant a ground cover and bypassed it. water until it is established. Provide lime and a one-time fertilizer application. Trees or shrubs have begun Remove them. to grow on the swale or just downslo a of the level li . The bypass channel Areas of bare soil and/or Regrade the soil if necessary to erosive gullies have formed, remove the gully, and then reestablish proper erosion control. Turf reinforcement is Study the site to see if a larger damaged or ripap is rolling bypass channel is needed {enlarge if downhill. necessary}. After this, reestablish the erosion control material. The filter strip Grass is too short or too long Maintain grass at a height of {if applicable). approximately three to six inches. Areas of bare soil and/or Regrade the soil if necessary to erosive gullies have formed. remove the gully, and then plant a ground cover and water until it is established. Provide lime and a one-time fertilizer a lication. Sediment is building up on Remove the sediment and the filter strip. restabilize the soil with vegetation if necessary. Provide lime and a one- time fertilizer application. Plants are desiccated. Provide additional irrigation and fertilizer as needed. Plants are dead, diseased or Determine the source of the dying. problem: soils, hydrology, disease, etc. Remedy the problem and replace plants. Provide a one-time fertilizer application. Nuisance vegetation is Remove vegetation by hand if choking out desirable species. possible. If pesticide is used, do not allow it to get into the receiving water. The receiving water Erosion or other signs of Contact the NC Division of Water damage have occurred at the Quality local Regional Office, or the outlet. 401 Oversight Unit at 919-733-1786. Form SVIU401-Level Spreader, Filter Strip, Restored Riparian Buffer O&M-Rev.3 Page 2 of 3 Permit Number: (to be provided by DWO) I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Project name: Beacon Lake Industrial Commons B11IP drainage area nxanber:Post-Dev Basin DA#1.2 Print name: a+-VCa N`-? { to\A-V --r Iea Title: VA V'MV5rdj=:= J ysb-c WyAr-- 1 w??d ?'ete? . onss c t. C,? Address: G, It - P'y?Xt?R?-tt?t _ DRIV Ri-m4m , l-?L, Z`T?tfo Phone:- eta 17? "15 k Signature: OVA? 43 Date: &I -a -1 - 9.470o°1 Note: The legally. responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident ?of?the subdivision has been named the president. jV-t;U C) • 004U Q? I, -Taei e. A - Ca V) W61 , a Notary Public for the State of _KOYJ A Ca?rtjU t` , County of aYZ , do hereby certify that Aot'f= I. Rat-H rl personally appeared before me this day of and acknowledge the due execution of the forgoing filter strip, riparian buffer, and/or level spreader maintenance requirements. Witness my hand and official seal, `may AV B1.?G .F COUN SEAL My commission expires QQ-13-n Form SWU401-Level Spreader, Filter Strip, Restored Riparian Buffer O&M-Rev.3 Page 3 of 3 III. REQUIRED ITEMS CHECKLIST Please indicate the page or plan sheet numbers where the supporting documentation can be found. An incomplete submittal package will result in a request for additional information. This will delay final review and approval of the project. Initial in the space provided to indicate the following design requirements have been met. If the applicant has designated an agent, the agent may initial below. If a requirement has not been met, attach justification. Pagel Plan Initials Sheet No, loo 1. Plans (1" - 50!-erlarger) of the entire site showing: - Design at ultimate build-out, - Off-site drainage (if applicable), - Delineated drainage basins (include Rational C coefficient per basin), - Forebay (if applicable), M/A - High flow bypass system, AJ1,,4 - Maintenance access, - Proposed drainage easement and public right of way (ROW), and - Boundaries of drainage easement. 8 C? 1PF54 Gw 2. Plan details (1" = 30' or larger) for the Rhopmwler showing: - Forebay (if applicable), W4 - High flow bypass system, l 09` One foot topo lines between the level lip and top of stream bank, t/ - Proposed drainage easement, and &0'-- - Design at ultimate build-out. tl b06 15 3. Section view of the level spreader (1" = 20' or larger) showing: Ca(e?ai Underdrain system (if applicable), ,J/A - Level lip, t/ Upslope channel, and A(//+ Downslope filter fabric. L-- - G&J'D WCUOXV 4. A date-stamped photograph of the filter strip that clearly shows the type of vegetation that is present. W? 5. A construction sequence that shows how the level spreader will be protected from sediment until the entire drainage area is stabilized. 6P W13 tJt ?IUDCD 6. The supporting calculations, 1? 1 G DEV 7. A copy of the signed and notarized operation and maintenance (0&M) agreement. 8. A copy of the deed restrictions (if required). Form SW401-Level Spreader, Filter Strip, Restored Riparian Buffer-Rev.5 Part III, page 1 of 1 PREFORMED SCOUR HOLE DESIGN Oufall #1 Greg Brickham, El 1/6/2009 Given Discharge Pipe Size 18 _ in *10 year Flow 2.60 cfs *10-Yr Flow Must Be Less Than I OCFS for 18" Pipe Design Square Scour Hole Base Dimension 4.5 ft Base Dimension = 3*pipe diameter Proposed Square Scour Hole Base Dimension 5.0 _ ft Scour Hole Depth 2.0 Ift **Depth Must Be Between 1-3' Square Scoure Hole Top Size 13.0 Scour Hole Side Slopes Line Scour Hole With Class ?.k ?Riprap Layer Thickness ft H:V Riprap ft ***Inputs in Gray from DWQ Design Manual f ?