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HomeMy WebLinkAbout20090124 Ver 1_401 Application_20090209obs, landscape architects_ R o B c " 28oU,4 Raleigh, NC <76 ,-u504 Q?7'??17r Parh:3nl S%reel eB Raleign, N 60I ax .J1 J ., ,. J9 30 1 "andscelpe Arcrutedu e LaInd Piar.ri!nc t_!r-:gin Desiar. February 23, 2009 Amy Chapman, Environmental Senior Specialist Buffer Coordinator NCDENR Division of Water Quality 401 Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 to -- ,(-) t J. 4 FEB 15 2009 DENR -WAVER COAL11 Y Y: WANDS AND STOR16VATFR BW NGH Subject: PCN Application - Neuse River Riparian Buffer Rule Approval North Wake Landfill Park, Raleigh, NC, Wake County Dear Ms. Chapman: Please find attached a Pre-Construction Notification Application for the above referenced project. The intent of the PCN Application is to seek written approval only for Buffer Rules. The proposed buffer impact consists of three (3) pedestrian-only bridge crossings as well as a small section of trail within the buffer. The proposed impacts are labeled as "Neuse Buffer Impact Area #131", "Neuse Buffer Impact Area #132", "Neuse Buffer Impact Area #133", and "Neuse Buffer Impact Area #64" on the attached Site Plan. Impact details are as follows: Impact Area #61 Zone 1: 733 sf Zone 2: 992 sf Impact Area #62 Zone 1: N/A Zone 2: 508 sf Impact Area #63 Zone 1: 1193 sf Zone 2: 1813 sf Impact Area #134 Zone 1: 721 sf Zone 2: 1523 sf The total cumulative impacts are as follows: Zone 1- 2,647 sf (0.06 acres); Zone 2 - 4,836 sf (0.11 acres). There will be no further impacts on this site. We have also communicated with the Army Corps of Engineers and included in this package a copy of the correspondence with Jamie Shern. Sincerely, a-n H. Starkey, RLA / ASLA Principal Cc: Eric Staehle, Wake County Facilities Design & Construction ii fF1 7 10 oaoFwarF9 9 - oG 1 ?llal4Ji IL?+ t? L> FFB 2 5 2009 DE NR - WATLR 01??^ L1 r ETk KN'R', '>ND Sl C ! ',io'!,47f:? 6Fv^.NC d Office Use Only: Corps action ID no. DWQ project no. Q q - C, 1 a ?} Form Version 1.3 Dec 10 2008 Pre-Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: MA El Section 404 Permit El Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: A or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ? Yes ? No 1d. Type(s) of approval sought from the DWQ (check all that apply): ? 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit ? 401 Water Quality Certification - Express V Riparian Buffer Authorization 1e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ?I Yes ? No For the record on Yes ly for Corps Permit: ? No If. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu fee program. ? Yes D4 No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ? Yes tI No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes D4 No 2. Project Information 2a. Name of project: North Wake Landfill Park 2b. County: Wake 2c. Nearest municipality / town: Raleigh 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: N/A 3. Owner Information 3a. Name(s) on Recorded Deed: County of Wake 3b. Deed Book and Page No. DB 3385 PG 779 3c. Responsible Party (for LLC if applicable): Eric Staehle, Wake County Facilities Design & Construction 3d. Street address: P.O. Box 550 3e. City, state, zip: Raleigh, NC 27602 3f. Telephone no.: 919-856-6369 3g. Fax no.: 919-856-6355 3h. Email address: eric.staehle@co.wake.nc.us Page 1 of 10 PCN Form - Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ? Agent A Other, specify: Landscape Architect 4b. Name: Brian H. Starkey, RLA, ASLA 4c. Business name (if applicable): obs landscape architects 4d. Street address: P.O. Box 28504 4e. City, state, zip: Raleigh, NC 27611 4f. Telephone no.: 919-755-0046 4g. Fax no.: 919-755-0930 4h. Email address: obs-bstarkey@mindspring.com 5. Agent/Consultant Information (if applicable) 5a. Name: 5b. Business name (if applicable): 5c. Street address: 5d. City, state, zip: 5e. Telephone no.: 5f. Fax no.: 5g. Email address: Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 1728-35-8882 1b. Site coordinates (in decimal degrees): Latitude: 35.90408 Longitude: - 78.58549 (DD.DDDDDD) (-DD.DDDDDD) 1 c. Property size: 216.33 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Nance Spring Branch / Ut to Neuse proposed project: 2b. Water Quality Classification of nearest receiving water: Class C 2c. River basin: Neuse 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The existing condition is the decommissioned North Wake County Landfill. The uses in the vicinity include single family residential as part of a planned unit development, industrial and commercial. 3b. List the total estimated acreage of all existing wetlands on the property: NIA 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 4560 LF 3d. Explain the purpose of the proposed project: The purpose of the proposed project is to create a public park. 3e. Describe the overall project in detail, including the type of equipment to be used: The proposed project is a County park with trails, open space, playground, restroom building, and parking. Standard construction methods & equipment will be used for the construction. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / El Yes ? No El Unknown project (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type ' El Preliminary El Final A of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Name (if known): Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for thi t i l di ll i h ? Yes No El Unknown s projec ( nc u ng a pr or p ases) in the past? 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ? Yes No 6b. If yes, explain. Page 3 of 10 PCN Form - Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary la. Which sections were completed below for your project (check all that apply): ? Wetlands ? Streams - tributaries Buffers ? Open Waters ? Pond Construction 2. Wetland Impacts N J If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. A 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ - non-404, other) (acres) Temporary (T) W1 ? P ? T ? Yes ? Corps ? No ? DWQ W2 ? P ? T ? Yes ? Corps ?No ?DWQ W3 ? P n T ? Yes ? Corps ? No ? DWQ W4 ? P ? T ? Yes ? Corps ? No ? DWQ W5 ? P ? T ? Yes ? Corps ?No ?DWQ W6 ? P ? T ? Yes ? Corps ? No ? DW Q 2g. Total wetland impacts 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 01,4 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ - non-404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ? P ? T ? PER ? Corps ? INT ? DWQ S2 ? P ? T ? PER ? Corps ? INT ? DWQ S3 ? P ? T ? PER ? Corps ? INT ? DWQ S4 ? P ? T ? PER ? Corps ? INT ? DWQ S5 ? P ? T ? PER ? Corps ? INT ? DWQ S6 ? P ? T ? PER ? Corps ? INT ? DWQ 3h. Total stream and tributary impacts 3i. Comments: Page 4 of 10 PCN Form - Version 1.3 December 10, 2008 Version 4. Open Water Impacts If there are proposed impacts to lakes, rids, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individual) list all o en water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number- (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 01 ?P?T 02 ?P?T 03 ?P?T 04 ? PDT 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Pond ID Wetland Impacts (acres) Stream Impacts (feet) Upland b Proposed use or purpose (acres) num er of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 5g. Comments: 5h. Is a dam high hazard permit required? ? Yes ? No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres). 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. ? Neuse ? Tar-Pamlico ? Other: Project is in which protected basin? ? Catawba ? Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number- Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary (T) impact required? 131 fC PEI T Bridge Nance Spring Branch ? Yes 29 No 733 992 B2 X P ? T Green- way Nance Spring Branch ? Yes No N/A 508 133 XP ? T Bridge Unnamed tributary to Nance ? Yes Spring Branch QK No 1193 1813 6h. Total buffer impacts SEE ATTACHED SHEET FOR SUMMARY 6i. Comments: Page 5 of 10 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number- Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet (square feet) Temporary (T) impact required? B4;<P ? T Bridge Nance Spring Branch El Nos 721 1523 6h. Total buffer impacts (B1-B4) 2647 4836 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Three bridges are proposed for the park. Nance Spring Branch is crossed in two locations to facilitate access from the existing neighborhood greenway trail. The third bridge crosses an unnamed tributary and facilitates access through the proposed park project. All three (3) bridges cross the stream at or as close to 90 degrees as possible to minimize disturbance. The bridge locations were selected to minimize grading and clearing impacts. The greenway trail at impact area B2 is constrained on the south by an existing landfill which cannot be graded into and on the south by topography constraints. The trail has been aligned to minimize buffer impacts. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. The following temporary erosion control measures will be utilized to minimize proposed impacts: silt fence & outlets, earth diversion berm, rock doughnut inlet protection, sediment traps, porous baffles in sediment traps, and hardware cloth and gravel inlet protection. Other methods include: clearing by hand methods and use of pre-fabricated bridges. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ? Yes XNo 2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps 2c. If yes, which mitigation option will be used for this project? ? Mitigation bank El Payment to in-lieu fee program ? Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank N 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: 4. Complete if Making a Payment to In-lieu Fee Program 4a. Approval letter from in-lieu fee program is attached. ? Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non-riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form - Version 1.3 December 10, 2008 Version 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ? Yes No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within gYes ? No one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. Q Yes ? N Comments: SEE COMMENTS ATTACHED AFTER THIS SHEET. o 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 6.8% 2b. Does this project require a Stormwater Management Plan? ? Yes D<No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: This project is within Wake County jurisdiction. The stormwater rules for Wake County have been designated as compliant with DWQ stormwater rules. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: JK Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program ? DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Wake County ? Phase II 3b. Which of the following locally-implemented stormwater management programs apply NSW (check all that apply): ? USMP Water Supply Watershed K Other: 3c. Has the approved Stormwater Management Plan with proof of approval been attached? ? Yes D4 No 4. DWQ Stormwater Program Review ? Coastal counties 4a. Which of the following state-implemented stormwater management programs apply El HQW ? ORW (check all that apply): ? Session Law 2006-246 ? Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ? Yes ? No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No 5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No Page 8 of 10 PCN Form - Version 1.3 December 10, 2008 Version PRE-CONSTRUCTION NOTIFICATION ADDITIONAL COMMENTS ITEM E1b All newly concentrated flow will be diffused using riprap outlet protection devices at all pipe outlets with the exception of the proposed 42" pipe that discharges the runoff from the north face of the landfill. This flow will be diffused using a riprap stilling basin and existing vegetative buffer between the stilling basin and the Neuse Riparian Buffer Limits. The vegetative buffer is an existing condition at all proposed diffusion devices. This buffer will provide additional diffusion before entering the Neuse Riparian Buffer, and the minimum length of the vegetative buffer between any device is 35', with the discharge end of the stilling basin over 100' from the NRRB. Below is a bulleted list of the approximate length of existing vegetative buffers between the diffusion devices and the NRRB: • Structure S13 (sheet LA-11) vegetative buffer length = 35' • Structure S17 (sheet LA-12) vegetative buffer length = 40' • Structure S11 (sheet LA-13) vegetative buffer length =100' • Structure S8 (sheet LA-13) vegetative buffer length = 100' F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the KYes ? No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ? Yes X No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ? Yes ? No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes KNo or Riparian Buffer Rules (15A NCAC 213 .0200)? 2b. Is this an after-the-fact permit application? ? Yes 9 No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in El Yes KNo additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. 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. Sanitary sewer service to restroom building is being provided by a connection to an existing City of Raleigh sewer line. Page 9 of 10 PCN Form - Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) N I& 5a. Will this project occur in or near an area with federally protected species or habitat? ? Yes ? No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts? ? Yes ? No 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh ? ? Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? 6. Essential Fish Habitat (Corps Requirement) N JA 6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ? No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? 7. Historic or Prehistoric Cultural Resources (Corps Requirement) I 'D, 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? ? Yes ? No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? 8. Flood Zone Designation (Corps Requirement) N A 8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes ? No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? FBI 44. , PLA 02.23.0 J Applicant/Agent's Printed Name pplicant/Age is Si nature (Agent's signature is valid only if an a oriz lion letter from the applicant is provide . Date Page 10 of 10 Page I of 2 Nicole Young From: Shern, James F SAW Pames.F.Shern@usace.army.mil] Sent: Thursday, January 15, 20091:10 PM To: Brian Starkey Cc: eric.staehle@co.wake.nc.us; Brinchek, W. Michael (Mike); Nicole Young; Amschler, Crystal C SAW Subject: RE: North Wake Landfill Park Sounds good. Without any discharge of fill material into a jurisdictional area, you will not need a 404 discharge permit from us. I will share this info with the other project managers in Wake County. Please coordinate with Crystal Amschler if there are any modifications to your plan that will result in a discharge of fill at the park in the future. Jamie Shern US Army Corps of Engineers From: Brian Starkey [mailto:obs-bstarkey@mindspring.com] Sent: Sunday, January 11, 2009 9:51 AM To: Shern, James F SAW Cc: eric.staehle@co.wake.nc.us; Brinchek, W. Michael (Mike); Nicole Young Subject: RE: North Wake Landfill Park Jamie: With field investigation it has been determined that there are no wetlands present at any of the 3 bridge crossings, ( see attached memo ). We are not piping any portions of the streams in question. Please let me know if you have any further concerns or require any additional information. We will be proceeding with submittal to DWQ for required buffer authorizations. Thanks brian Brian H. Starkey, RLA, ASLA Principal obs landscape architects PO Box 28504 Raleigh, NC 27611 t. 919.755.0046 f. 919.755.0930 www.obslandarch.com This message may contain confidential information of obs landscape architects. If you are not the intended reciepient, you are hereby notified that any disclosure of the information contained here in is strictly prohibited. If you receive this transmission in error, please contact the sender and dispose of the material entirely. From: Shern, James F SAW [mailto:James.F.Shern@usace.army.mil] Sent: Thursday, December 18, 2008 2:48 PM To: Brian Starkey Subject: RE: North Wake Landfill Park 2/6/2009 Page 2 of 2 The bridges will not need a permit from us. I don't have any information on wetlands at the specific property but wetlands are sometimes present in the riparian area along streams. If wetlands are present in the fill footprint of any of the improvements or any streams are to be piped then you will need a permit from us. My understanding is that you would need to send DWQ an application showing any of the improvements that are within 50 feet of the creek banks for a Buffer Authorization. Jamie Shern US Army Corps of Engineers From: Brian Starkey [mailto:obs-bstarkey@mindspring.com] Sent: Wednesday, December 17, 2008 2:10 PM To: Sherri, James F SAW Subject: North Wake Landfill Park Jamie: Hope all is well with you. Attached are some plans we are working on for a redevelopment park project at Wake County's North Wake Landfill. As you probably know the landfill has stopped accepting trash and is currently being closed out and capped per state solid waste regulations. The park improvements are outside of areas where trash has been placed over the years and improvements include... trails, playground and parking areas. The trails component includes three bridges. Two of them cross Nance Spring Branch Creek to connect to City of Raleigh Greenway system and the adjacent neighborhood. The third is crossing an unnamed tributary. The bridges are 8' wide steel pedestrian only bridges. Bridges #1 and #3 as labeled on the attached cross Nance Spring Branch Creek and are 40' and 50' in length which spans the top of bank. The other #2 is 25' in length. I need to know what permits we are required to secure for this work and if there is any approval required from DWQ as you understand it. I appreciate your attention to this matter and if you have any questions please reply to this email or give me a call. Thanks. I look forward to hearing from you Brian H. Starkey, RLA, ASLA Principal obs landscape architects PO Box 28504 Raleigh, NC 27611 t. 919.755.0046 f. 919.755.0930 www.obslandarch.com This message may contain confidential information of obs landscape architects. If you are not the intended reciepient, you are hereby notified that any disclosure of the information contained here in is strictly prohibited. If you receive this transmission in error, please contact the sender and dispose of the material entirely. 2/6/2009 ¦ ¦ J •ti z )440 ,.a r, or J to s X K 1 i 4 NORTH WAKE LANDFILL PARK ? USGS Topographic (Quad Map N D m C) O C z z O D O r Z D cn 2 m m z C W rn m N (Joins sheet 22) 1 u yi 0 1 Mile 5000 4000 3000 2000 1000 0 5000 Feet ?Imp- z Scale 1:15840 O `+