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HomeMy WebLinkAbout20080182 Ver 2_401 Application_20090509$PAID r o$-o111 a.v;- ENGINEERING DEPARTMENT May 15, 2009 Ms. Cyndi Karoly 401 Oversight/Express Permitting Unit Manager DWQ 401 Unit 2321 Crabtree Blvd., Suite 250 Raleigh, NC 27604 ockc?FgO EE, MAY 1 5 20014, DENR - WATER QUA! IT",' WETLANDS AND STORMwkTER SRANCN Subject: Walnut Street Park Town of Cary Project No. PR1084 Updated PCN Application for DWQ PCN Application No. 08-0182 Dear Ms. Karoly, The Town of Cary applied for stream and buffer impacts on January 24, 2008 (application #08-0182) for the Walnut St. Park project on the corner of Walnut Street and Lawrence Road in Cary. On January 28, 2009, the Town of Cary received a Notice of Violation from DWQ for wetland impacts that were not permitted under the original application. The purpose of the enclosed PCN application is to reapply for additional buffer and wetland impacts. As a result of the NOV, DWQ required a stream and wetland restoration plan that was approved by Ms. Natalie Landry in the DWQ Regional office on May 13, 2009 (see attachment). Mr. Ian McMillan, in the DWQ 401 permit office, is requiring that the updated PCN application and stream/wetland restoration plan be approved prior to constructing the restoration plans. The original site plan is enclosed for your reference. The original PCN application applied for buffer and stream impacts. The new PCN is applying for wetland impacts and additional buffer impacts that were not previously permitted. The closed buffer determination documents that there are no stream impacts at the location permitted in the original PCN. The construction of the Walnut Street Park is almost complete and finalizing the park is contingent on completing the stream/wetland restoration construction. A quick turn around in the approval process for the updated PCN application would be appreciated to expedite the work. Thank you for considering this request. You may contact me at 919-462-3930 or at kristen.dwiggins@townofcary.org. Sincerely, ........ ..... ;?? Kristen M. Dwiggins, P.E. Cc: Tim Bailey, P.E., Town of Cary Director of Engineering Lori Cove, P.E., Town of Cary Traffic and Transportation Engineering Manager Paul Kuhn, RLA, ASLA, Town of Cary Senior Park Planner Brian Starkey, RLA, ASLA, OBS Landscape Architects Jamie Shern, US Army Corps of Engineers TOWN Of CARY 316 North Academy Street -Cary, NC 27513-PO Box 8005-Cary, NC 27512-8005 te1919-469-4030 - fax 919-460-49359 www.townofcary.org ?"prrovak ?(Om I"Q G( tX-0- W eel aV t d "d S1?eaim 1-z> to ?,.? 9 i avl 5 "Landry, Natalie" To "mcgloden@pbsj.com" <mcgloden@pbsj.com>, <natalie.landry@ncdenr.gov> "kristen.dwiggins@townofcary.org" <kristen.dwiggins@townofcary.org> 05/13/2009 11:38 AM cc "chades. brown @townofcary.org" <charles. brown@townofcary. org> bcc Subject FW: Walnut Street Park Restoration History: E;? This message has been forwarded. Hi Michael, Thank you for the revised letter and planset for the Walnut Street Restoration Project. I appreciate that you incorporated DWQs comments into your response. The plan is satisfactory to DWQ. Please note that because of the permanent wetland and buffer impacts, the Town of Cary needs to notify the 401 Oversight/Express Review Permitting Unit as required by the 401 Water Quality Certification and Authorization Certification per the Neuse River Buffer Protection Rules, DWQ Project #08-0182. The Approval Letter for the 401 Water Quality Certification states that, "if you change your project, you must notify us and you may be required to send us a new application." I confirmed with the Permitting Unit that these impacts would require a modification to the current 401 Water Quality Certification and Authorization Certification. You may decide to hold off on the stream/wetland restoration until the Permitting Unit approves the Modification, just in case they have any minor changes that they want incorporated into your design. That is your choice. The DWQ Raleigh Regional Office has approved the Stream and Wetland restoration by this email. The 401 Permitting Unit must review the modification request for the permanent buffer and wetland impacts. Feel free to contact me if you have any questions. Natalie Landry ***My email has changed to Natalie. Land ry@ncdenr.eov Natalie Landry DENR - Surface Water Protection 3800 Barrett Drive Raleigh, NC 27609 (919) 791-4258 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: mcgloden@pbsj.com [mailto:mcgloden@pbsj.com] Sent: Monday, May 11, 2009 4:53 PM To: natalie.landry@ncmail.net Subject: Walnut Street Park Restoration Natalie, Please find attached the EcoScience responses to your comments regarding the Walnut Street Park restoration project, and a revised letter and planset. Please let me know if the revisions meet your approval and we will move forward with constuction. Thanks. Michael Gloden EcoScience: a Division of PBSJ 919-828-3433 File(s) will be available for download until 16 May 2009: Attachment: Response to NCDWQ comments and revised Planset 05112009.pdf, 979.92 KB You have received attachment link(s) within this email sent via PBS&J SendIT. To retrieve the attachment(s), please click on the link(s). New Users: Click on the attachment link to register and create a unique password. To download a userguide, visit http://sendit.pbsi.com Accellion Pile Transfer w?1LN n? IR ?j? X1\1 Version 1.4 ( ! January 9, 2009 401 Oversight/Express Permitting PCN Submittal Checklist [/The a plication fee (Checks may be made out to "N.C. Division of Water Quality" $240.00 for 401 Water Quality Certification with minor impact $570.00 for 401 Water Quality Certification with majorimpacts Express Review Fee (Amount requested on Acceptance Letter) Five (5) complete and collated copies of the PCN Application and supporting documentation (instead of providing 5 copies of the full size plans you may provide two copies of full size plans along with three copies of 11 X 17 plans) -O Stormwater---Managemeat-Ptan-(ifappticabte=Sep--P--CN-Form_k-letp--File Section E) 1) Please provide three (3) copies of the stormwater management plans along with all supporting information pertaining to this project including the following: a. Entire site development/layout plans delineating all drainage areas; b. Design calculation sheets for all proposed BMP(s) sized for both on-site and J / off-site drainage; Loco_ ( c. BMP supplements for each proposed BMP and Required Items Check List (http://h2o.enr.state.nc.us/su/bmp forms.htm) along with all required items; d. A Notarized Operation & Maintenance Agreement for each stormwater management facility; e. Detailed construction drawing sheets shall include (i) Erosion and sediment control plans; (ii) Installation and planting schedules for the proposed BMPs; (iii) Appropriately scaled plan views and cross sectional details of all BMPs and associated components - inlet and outlet structures, forebay, respective zones and pertinent elevations. © If your project is located within a State implemented Riparian Buffer Rule Area, submit the following along with site plans and PCN form: 1) Three (3) copies of the details for on-site diffuse flow provisions, (refer to http://h2o.enr.state.nc.us/su/bmp_forms.htm). [+? DWQ Stream Determination Forms for streams on property and DWQ determination letter for wetlands or streams (if applicable). The following is the most critical of all the information that you must provide. The quality and detail of the information will often determine the expeditiousness of the review. The following is a checklist of the types of pertinent information required at a minimum: Maps and Plans: The most recent version of the 1:24,000 USGS Topographic Map - Please cleanly draw or delineate the site boundaries on the topographic map. [f The most recent version of the bound and published County NRCS Soil Survey Map - (required for projects within the Neuse River Basin, Tar-Pamlico River Basin, Randleman Lake Watershed and the Catawba River Basin, also recommended for all projects) - Please clearly delineate the site boundaries, etc. on the map. If the delineation obscures any of the features, it is recommended that a clean copy be provided. Copies of the Version 1.4 January 9, 2009 current soil survey and/or soil survey map sheets can be obtained from the local NRCS County Office (http://www.nc.nres.usda.gov/). GIS soil layers are not acceptable. Vicinity map - Please clearly mark the location and approximate boundaries of the property and project on the map. Please indicate north arrow and scale. Please include applicable road names or State Road numbers. The Site Plan - The most critical map to be provided is the site plan. You must provide full sized plans, The following is the minimum list of plans that are typically needed. Pre-construction/Pre-existing conditions - This sheet (or sheets must include: • All jurisdictional and non-jurisdictional wetland, stream, water features, State regulate buffers (delineated into Zones 1 and 2) J Al/ Topographic contours with elevations • Any existing structures and impervious areas • Existing utility lines and easements • Existing roads, culverts, and other pertinent features • North arrow and the scale (1":50' scale is recommended). [Proposed conditions - This sheet (or sheets) must include: • All jurisdictional and non-jurisdictional wetland, stream, water features, State regulated buffers (delineated into Zones 1 and 2) • Lot layout (if a subdivision or commercial development is proposed) - lots must be developable without further impacts to jurisdictional and non-jurisdictional wetlands, streams, water features, and State regulated buffers. Building envelopes must be provided when streams, wetlands, riparian buffers, or water features exist on a lot • All built-out structures and impervious cover • Final grading contours with elevations • All utilities and easements (including septic fields on all lots within 100 feet of stream, wetland, or water features - if applicable) • Impacted areas - these should correspond with the Impact numbers listed on your PCN / form.,(. ?u?cIGL?? Q Drainage Plans - Final drainage plans must include the following: • Locations and pertinent elevations and sizes of the stormwater collection system and drainage ways • All inlets and outlets must also be shown with pertinent elevations (All outlets to wetlands must be at a non-erosive velocity, generally less than 2 ft/sec during the peak flow from the 10-yr storm) • Scaled stormwater BMPs must also be indicated as required by DWQ rules and policies • In certain cases (see Section E of PCN form), final stormwater management plans must also be provided (see Stormwater Management Plan Checklist): A.';? Proposed Impacts - All impacts to jurisdictional and non-jurisdictional wetland, stream, water features, and State regulated buffers must be shown and labeled on the site plans at a scale no smaller than 1" = 50'. All excavation, fill, flooding, stabilization, and other impacts that will be conducted in or near jurisdictional and non-jurisdictional wetland, stream, water features, and State regulated buffers must be indicated. Please provide cross sectional details showing the provisions for aquatic life passage (burial of culvert 20% for culverts <_ 48 inches, and 1-foot for culverts > 48 inches). `? 'ok-(? Version 1.4 January 9, 2009 Wetland Impacts: Precise grading and final elevation contours must be provided. Existing ,??, w4 } vegetation and any clearing must be specified. All subsurface utility lines must indicate the location of anti-seep collars. Construction detail for anti-seep collars must be provided. > J Roadway or other crossings of riparian wetlands may require floodway culverts to maintain existing hydrological conditions. t.,jl _ -E]? Ptans-_,heutd-s o{og"fLrema•ining=-wet e=wU-b - -- - maintained.' C':c? lE4'?? Kira Stream Impacts: /N `41 Stream impacts must be clearly shown on the plans. The centerline as well as the banks of the stream must be surveyed or located by GPS for the portion of the stream to be impacted. ? The inlet and the outlet of all culverts should be aligned with the stream as much as possible. Inlet and outlet elevations and streambed elevations should be indicated. Any inlet or outlet protection must be shown and enumerated on the impact map(s). ? For bottomless culverts or other spans, a vertical cross section should be provided that shows the minimum distance from each span to each stream bank, the stream cross section, the height of the span above the stream and the minimum distance from the edge of each footer to each stream bank. Additionally, please provide a signed and sealed geotechnical report of subsurface soils at the proposed bottomless culvert location. The report must comply with the Division of Highways - Guidelines for Drainage Studies and Hydraulic Design, prepared by A.L. Hankins, Jr., State Hydraulics Engineer - 1999. .f ? Multiple culverts or sectioned box culverts typically require the use of sills, off setting or other means to match the cross section of the existing stream (in order to maintain stream stability and provide aquatic life passage). A vertical cross section of the culverts should be shown overlain with the up and downstream stream cross section including the stream flood-prone area. w f J_ ? Impacts associated with dam construction must indicate and enumerate all fill associated with the dam footprint, spillway and any bank stream bank stabilization. The length of stream impounded must also be indicated and enumerated. ?F: ZM A 7'?:R C/} ? 9 $ZA1lo Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 L Pre-Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: Section 404 Permit ? Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ? Yes 2No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ? 01 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit 401 Water Quality Certification - Express [L"Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? No. For the record only for DWQ 401 Certification: ? Yes 0"No For the record only for Corps Permit: E Yes ? No 1f. 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 D?No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h below. ? Yes El"No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes No 2. Project Information 2a. Name of project: Q -It 2b. County: 2c. Nearest municipality / town: 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: c r 3b. Deed Book and Page No. 0(P 3c. Responsible Party (for LLC if applicable): Y) 15+P.1(1 'AV i 1 nS 3d. Street address: 31(D N ACCAem?j Sk T, JaX 3e. City, state, zip: CA r' 3f. Telephone no.: 16? . 4b2.. 3c1/-3 U 3g. Fax no.: - X35 3h. Email address: f i4e LU k6joA wIS L Jv U U Page 1 of 10 PCN Form - Version 1.4 January 2009 4. Applicant Information (if different from owner) 'j? 4a. Applicant is: Agent _ OWer. s cify" 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: ? OIVN k 5b. Business name (if applicable): S t' A 5 5c. Street address: ' 5d. City, state, zip: 5e. Telephone no.: \ 5f. Fax no.: l Q 5g. Email address: -+ ke e cJ Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (ta IN r parcel ID): O9 013 1 b. Site coordinates (in decimal degrees): Latitude: ?cj° 5 5b" ° N Longitude: ow 1 c. Property size: rl (? , acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: 2b. Water Quality Classification of nearest receiving water: N 2c. River basin: 1 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: oV1 YWcCAq d. wtc2 cmvi6KL) is pt?-1, e-egn,VOetz . ?1C?Vl ? (Am US?i ? n e •I lG ?? i U i5 Si O?YYL? ?? ?e 5 id -1? ctQ , 3b. List the total estimated acreage of all existing wetlands on the property: 0.+ G eC e-S 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 3d. Explain the purpose of the proposed project: l:t?atta, Q n tr, borln , 3e. Describe the overall project in detail, including the type of equipment to be used: , fJP.?c?in "Cod ?ej,-rV- -VV ;--h-, *ra-A(s oPck-) wa-ce., 0"j- stlQ evil( (eAqka.iV'\ V?fllaSiv(loco. Sf f? for trU?{io,•, ?mC 17noc 5 c rtdQ e t 4. Jurisdictional Determinations , be u5v?k 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? Yes ? No ? Unknown Comments: -90 4b. If the Corps made the jurisdictional determination, what type of determination was made? ? Preliminary ? Final 0 4c. If yes, who delineated the jurisdictional areas? Name (if known): µ0.l l,L V ,she( Agency/Consultant Company: E-c0-TQ,Ig- Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 3 • "? l • O (wee a-ttaCAAMeJJ-\-t-) 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past. Yes ? No ? Unknown 5b. If yes, explain in detail according to "help file" instructions. 4?,,?Vkked -For c-v & s ewn-+ ',rA?0,&5 ?O? (p(6fCt 056,- 01b;Z, 6. Future Project Plans 6a. Is this a phased project? ? Yes No 6b. If yes, explain. N IN Page 3 of 10 PCN Form - Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1a. Which sections were completed below for your project (check all that apply): d wetlands ? Streams - tributaries [Buffers ? Open Waters ? Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Temporary T 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 Choose one LL Choose one e-dhla 11A, es o 404A p, o W2 Choose one Choose one Yes/No W3 Choose one Choose one Yes/No W4 Choose one Choose one Yes/No W5 Choose one Choose one Yes/No W6 Choose one Choose one Yes/No - 2g. Total Wetland Impacts: 0 Q 2h. Comments: '?)\OPe ? kt Gr t0a(0(VV ,-0k/ b(1? aff?-ockl-?, 3. Stream Impacts WA If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 Choose one - S2 Choose one S3 Choose one S4 Choose one S5 Choose one - S6 Choose one 3h. Total stream and tributary impacts 3i. Comments: Page 4 of 10 PCN Form - Version 1.4 January 2009 4. Open Water Impacts N/A If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individual) list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary T 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 Choose one Choose 02 - Choose one Choose 03 - Choose one Choose 04 - Choose one Choose 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction N/A If and or lake construction proposed, then complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 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 an impacts require mitigation, then ou MUST fill out Section D of this form. 6a. Project is in which protected basin? E]"Neuse ? Tar-Pamlico ? Catawba ? Randleman ? Other: 6b. Buffer Impact number - Permanent (P) or Temporary T) 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet 6g. Zone 2 impact (square feet B1 { 1 aA to Yes o 2- (i B2 Yes/No B3 - Yes/No B4 - Yes/No B5 Yes/No B6 - Yes/No 6h. Total Buffer Impacts: Ee>(o 6i. Comments:IAU -C t."VOLC.tS 0-(e r CXX ir1'l,?.r °J Pdde5of10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. S8gz' yverc A&V_eo Arc Y"?' ni rrNi?e -Xvie w c?th ex( -v"e A- at l ci?d? !!?ean -tvi.e -w-e-A \a V\Ck -N ; A-v-\ ci t? Ash 1 bcckfckW 0 l k . 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. i1SeA Si r? feoC e , 1 1- -??c-e_ C LPd'e-ts, c)AecA_, a0'V %d_' OLVA ieA-%1f_'CF(c3' r? mod; Y\? -Qo r sk-sto% \ a h OVA. 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 a<o 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 ? Payment to in-lieu fee program N ? Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type: Choose one Type: Choose one Type: Choose one Quantity: Quantity: Quantity: 3c. Comments: 4. I Complete if Makin 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: Choose one 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 1.4 January 2009 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 ?o 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 1 a. Does the project include or is it adjacent to protected riparian buffers identified dyes ? No within one of the NC Riparian Buffer Protection Rules? 1b. If yes, then is a diffuse flow plan included? If no, explain why. $QS off' ovi'Paut locr-tell da'ScAilmc"o'y [] Yes [g/No % 0-?v 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 4,6 % 2b. Does this project require a Stormwater Management Plan? © Yes ? No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: OA-1 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: i5 0. 1Z?d??P.?'??U?1 a6co- -kY2Cdn Tvnc i,.?,?aCV1c? OL(e 0. . 2e. Who will be responsible for the review of the Stormwater Management Plan? Ltc,( cJ2t ?i'r??Xl 3. Certified Local Government Stormwater Review C %(S hot mWc 3a. In which local government's jurisdiction is this project? ?ll Qw?o 031,P'hase II EASW 3b. Which of the following locally-implemented stormwater management programs ? USMP apply (check all that apply): M'Water Supply Watershed ? Other: 3c. Has the approved Stormwater Management Plan with proof of approval been []Yes ENo attached? 4. DWQ Stormwater Program Review []Coastal counties ?HQW ?.l IN 4a. Which of the following state-implemented stormwater management programs apply ?ORW (check all that apply): []Session Law 2006-246 []Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No W/ps, attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No 1v/? 5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No N/ Page 8 of 10 PCN Form - Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/sta /loca unds or the Yes ? No use of public (federal/state) land? (rc)GAl \ an d , 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 E3 No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. 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, ? No yes 0 or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after-the-fact permit application? es ? No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 'Che+re are- -NC ( arnd 'Wy) Cct_ _A s anck h.: t nr,? NOV ?UV-y, _DW Q c?E?('s? sPd ?w?t n p i o,- , 1'eju \Y%C s 0- S''Ye-Gt-A-l (XnA w? ? t o ?n e5 r?s?zx o? c? v? ?a?.-? fir, clv d e d W i-?Ri svbrn't -Will), 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ?Yes [2/No 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. N /K 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. I V Q S} e VVQQ? S C S C0. t? - wv1? t ?0.r1 C? (t?• Page 9 of 10 PCN Form - Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ? Yes E]-?o habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes [[16 impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. - 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? C7S J24 ViCe Wc?o51t, _ Cu ce ri in.5 UC ?rl??rl-e5?nG4?v,??'e?e?S Rte, 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes [t/Vo t data sources did you use to determine whether your site would impact Essential Fish Habitat? 6b. Wh a ' ' 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal overnments have designated as having historic or cultural preservation g ? Yes [lo status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? What data sources did you use to determine whether your site would impact historic or archeological resources? 7b.. ? t Yv C. -a>V GLJ?-. V? 4v C t L T(2 Sel v cz?? cyan c--e- Irv +-:r , 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes EJ`No 8b. If yes, explain how project meets FEMA requirements: ?J / (k 8c. What source(s) did you use to make the floodplain determination? `Uvl? ?UDC? K r?s-f-?e? 1?1, ?w i o??i,n? 1 S • f 5• ?('1 A 0<2 16 ?p Applicant/Agent's Printed Name plicant/Agent's Signa ?A (Agent's signature is valid only if an authorization Date letter from the applicant s provided.) Page 10 of 10 K 1 2 2 5 Gatehouse Drive, Cary, NC 27511 U SA February 24, 2005 U.S. Army Corps of Engineers Ms. Andrea Wade 6508 Falls of the Neuse Rd. Raleigh, NC 27615 Dear Andrea, Please consider this correspondence an official notice authorizing Ecotek, with offices at 1225 Gatehouse Drive in Cary, North Carolina as our agent for the purpose of acquiring permits at the project site described below as required by Section 401 and 404 of the Clean Water Act: • Owner Name: Town of Cary Address: P.O. Box 8005, Cary, NC 27512 Phone: (919) 469-4061 • Project Site: Walnut Street Park Location: 0.42-mile west, northwest of the intersection of US Rt. 1/64 and Walnut Street, Cary, NC Sincerely, ?ut' Own e ? r? Owner Signature Cc: Brian Starke, ASLA / OBS Landscape Architects mpv@bellsouth.net ( 9 1 9) 3 8 8- 1 6 2 4 A WAT"RQG r a -"Ir M. Mark Vosberg Lcowk 1225 Gatehouse Drive Cary, NC 27511. -ro : 5 i whn r '?vw? P? . iVlArc 2005 , I VJ, ? po I' " pw) fd - gO qq ?TAg" W?SMAA,4 IDI NBRRO MAR 2 2005 Countyf w e 0Slyyp $M WCfERBRNH BASIN: Noose River X Tar-Parr-dico (I 5A NCAC 28.0233) (1 SA NCAC 2B .0259) Pwject Name; Walnut Street Park Site Location/Uirecdons: Southwest comcr of the intersection of Walnut Street and Lawrence Road in Cary (wake County). 4ubiect stream, UT to Lvnn Branch Date of Determination: 3116105 Feature Start Buffer CPS Points (if provided) End-Buffcr Sftwn Form Appeal Call Located on Soil Surve Located on USGS Too hic .A Subject at "Start All Flag x X 7hix on-site determination shall expire five (S) years from the date of this letter. Landowners or afj'eated parties that dispute a determination made by the DWQ or Delegated Local Authority that a surface water itvists and that it is subject to the buffer rule may request a determiiiallon by the Director. A request for a determination by the Director shall be referred to the Director in writing c% Cyndi Karoly, DWQ Wetlands140Z Unit, 2321 Crabtree NZvd,, 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 an ad judleatory hearing. Yarl must act within 40 days of the date that you receive this letter. Applicants are hereby not#led that the 60-day statutory appeal time does not start until the a, ffected part), (including downstream and adjacent landowners) is modified 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. 710 ask for a hearing, send a wridten pedfion, which eonfo"rms to Chapter )SOB of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-67,14. This determination Is final and binding unless you askfor a hearing within 60 days. Raleigh Regional Office 1626 Mail Service Center Water Quality Sectlon Raleigh, NC 27699-1628 phone (819) 571-4740 Customer SeMoe facsimile (919) 571-4716 1-677.623-6746 3121/2005 Page 2 of 2 ,including any other Loca4 State, and e e (owner/future Agencies) this owners) decision should notify the concerning f anyfatura orrevondences regarding the subject prapen'y (stated above). This p%jeet may require a Section 4441401 PerYnitfor the proposed activity. Any inquiries should be Fe E directedtofleeDivisionofiYatar Quality office) at (919)-733-1786. and the US Army CorP of Agineers (,Raleigh Regulatory Field Office) at (919)-976-8441. Environmental SpekIll CO. File Copy Central Files I)WQ 401/Wetlands 0fficc Town of Cary s 4 •V f r> r 1' :1 . NM, � " - ,, g I , NYE, I 4M, ak;­ I - F.11bA. , 41 lit, ;2,fr'ol A, WN Xp 1414 474 N N<6 f 6 "0'4 1!, !'q'47� t V11 k kh-oN NO. Ir f Wi i te ' rA AIN, FN V, blo t. Source: Wake County Soil Survey, 1970 Legend Location: Cary, NC Ap132 - Appling Sandy Loam, 2-6% slopes Scale: I+1320' CeB - Cecil Sandy Loam, 2-6% slopes CeC2 -- Cecil Sandy Loam, 6-10% slopes CgB2 -- Cecil Gravelly Sandy Loam, 2-6% slopes, eroded G?EK Project Name: Walnut Park Site Project No: 05-01 1225 Gatehouse Drive (:uy, NC 27511 Figure No: 2 of 3 (919) 388-1624 nit @Mlsalflh.net Date: February 24, 2005 fie 40/m/9 ••• •. v r.vvv ry• ?V / ??y/I•VYV1,1f WL 1Lril'1VV JlJI JJVV JJ IV•?JOOl AJi ' r I i / I I u "i "s h ? 1 I / / i I i Source: Taken from USGS and Wake County Soil Survey Location! Cary, NC Scale: nts Project Name: Walnut Street Park K Project No: 05-01 1225 Gatehouse Drive Figure No, 1 of (;axy, NC 27511 February 24, 2005 (919) 388-1624 bate: mpe(t?/iclls+vn/b.,rtt Fo5 r•J' J J I NOS213ONV AMIE C ``? ;aaj 000 5 @M I 0t'851: i aleos 000 z 000 c u Y, Y, /®c aaa?is m?nri I EcoScience: a Division of PBS&J 1101 Haynes Street, Suite 101 Raleigh, North Carolina 27604 919-828-3433 or 919-828-3518 (Fax) MEMORANDUM TO: Natalie Landry NCDWQ FROM: Michael Gloden DATE: May 11, 2009 RE: Walnut Street Park Restoration Plans Response to NCDWQ's Comments 08. 019a. U 3- Qc???ae@p MAY 1 5 2009 OENR - WAM QUAU7Y VVET4ANpg AW STORMwATER BRAMCM 100007271 EcoScience: a Division of PBS&J has received NCDWQ's comments regarding the Walnut Street Park Restoration Plan and offers the following responses (NCDWQ comments are in bold): 1. Regarding the Planting Plan (Sheet 1): Ensure that the mulch meets the specifications in this plan (minimum 6" depth and composted leaf/hardwood mulch). If there are concentrated flows above the site where mulch is applied, divert flow (but make sure no concentrated flow discharges into the buffer). As described in the planting plan (Item 4), the adjacent side slopes shall be stabilized following construction with 6 to 8 inches of leaf or hardwood mulch. The Town of Cary will ensure that any concentrated flows above the restoration area are diverted (without concentrated discharge into the buffer) as part of the Walnut Street Park plan. 2. Construction Sequence (Sheet 1): When mobilizing equipment and materials, stay out of the Neuse Riparian Buffer. See attached for buffer designation. There is a reference to "addition of bed material." Verify that this bed material is natural cobble and gravel. Add the coir matting installation into the sequence. The construction sequence has been modified to ensure that the staging area for equipment and materials is located outside of the Neuse Riparian Buffer (Sheet 1, Item 1). The installation of coir fiber matting has also been added to the sequence (Sheet 1, Item 6). Bed material added to riffle and pool areas of the constructed stream will consist of crushed rock (i.e. Class "A" rip-rap or surge stone) that is gray in color and has a course, angular, and irregular shape consistent with natural stone found within streams of the Raleigh Belt geologic region. Surge stone will used in place of Class "A" rip-rap depending on availability and suitability at the time that materials are ordered. Surge stone often includes smaller gravel (less than 2 inches) and would be a good replacement for Class "A". However, because of the size variability of surge stone, this material will only be used at the discretion of EcoScience at the time that materials are ordered. A final decision regarding bed material will be made at the pre- construction meeting. The chosen bed material will darken in color as Filamentous algae, detritus, and silt infiltrate the restoration area from the upstream reach. 3. Sheet 2 shows a wetland impact of 0.007 acres (-300 sq ft). Will these impacts remain? Buffer impacts were not shown. Please document. Wetland impacts (0.007 acre) resulting from the boardwalk approach and side slopes will remain, and are allowable under the Nationwide Permit 18 (January 24, 2008). The Town of Cary will be submitting a new PCN for the impacts (after the fact) to ensure that total impacts are correct. The original PCN done by Brian Starkey is incorrect and a corrected PCN will be provided. Species selection for the restoration planting plan includes shade tolerant shrubs and ferns to be planted within the wetland impact areas under the boardwalk. Buffer impacts resulting from boardwalk construction have been documented in the attached Figure A. 4. Cover Letter, Page 2. Use an annual rye grain (1 lb/1,000 sq ft). The cover letter (Page 2) and estimated quantities table (Sheet 1) have been modified to indicate that German Millet (Seteria italica) should be used for temporary seeding. Due to the delayed initiation of construction and subsequent planting, a warm weather temporary seed is recommended. German Millet is an annual, warm-season grass that will result in a higher rate of germination compared to rye when planted in May or June. 5. Cover Letter, Page 3. DWQ typically requires quantitative monitoring for restoration projects. Due to the circumstances of this project, qualitative (written descriptive text and photographic documentation) will be acceptable for the stream and wetland restoration and quantitative monitoring will be required for the planting plan (survivability rates/species). A monitoring report will be due to the DWQ Raleigh Regional Office each year for three years starting one year following the planting of the vegetation. DWQ may require additional planting and erosion control measures based on the reports. (As-builts with written and photo documentation upon completion of construction and planting is also required, as described in the cover letter.) The cover letter (Page 3) has been modified to indicate that the Town of Cary will be responsible for qualitative monitoring of the stream and wetland restoration areas and quantitative monitoring of the planted species. The Town of Cary will submit a monitoring report each year for three years beginning one year following site planting. EcoScience will submit an As-Built report with written and photo documentation upon completion of construction and planting. 2 LEGEND NEUSE BUFFER ZONE 1 (30') ZONE 2 (50') STREAM CHANNEL CLEARING LIMITS NEUSE BUFFER IMPACTS ZONE 1 2,286 SF ZONE 2 2,130 SF SHADED IMPACTS 337 SF I / I / FF?R v oNE Z 50 8 J ti i l ? BOARDWALK \ I 1 30' 0 30' SCALE: 1 "=30' Prepared by: Client: WALNUT STREET PARK D., Dy Dk° Dy FIGURE STREAM AND WETLAND RESTORATION TL JG Date: TOWN of CARY BUFFER I PACTS APR 2009 //I???? _ M Scale: A NORTH CAROLINA MR," ESC Project No.: A division of P WAKE COUNTY, NORTH CAROLINA 100007271 :anew An employee-owned company May 11, 2009 DWQ Raleigh Regional Office Attn: Ms. Natalie Landry 3800 Barrett Drive Raleigh, NC 27609 RE: Walnut Street Park Stream and Wetland Restoration Dear Ms. Landry: EcoScience: a Division of PBS&J (EcoScience) is pleased to provide a stream and wetland restoration plan for remedial stream work at the Walnut Street Park (Site) located at the intersection of Lawrence Road and Walnut Street in Wake County, North Carolina. The proposed restoration for the unnamed tributary (UT) to Lynn Branch is in response to the Notice of Violation (NOV-2009-PC-0074, January 28, 2009) from the North Carolina Division of Water Quality (DWQ). EcoScience was solicited by the Town of Cary to fulfill the requirements necessary to achieve compliance with the DWQ. The attached Stream and Wetland Restoration Plan (Plan) summarizes the existing conditions and jurisdictional impacts from the boardwalk construction and resulting sediment deposition. The Plan details the proposed activities to be carried out on the Site in order remove sedimentation from jurisdictional areas, as well as restore the pattern, profile, and dimension of the impacted stream. Site Design Site design proposes to return the stream to pre-disturbance conditions that closely resemble "reference" morphology and restores stream stability and ecological function. A Total Station survey of UT to Lynn Branch, including the upstream and downstream "reference" reaches were performed in order to evaluate the pattern, profile, and dimension. The characteristics of the downstream reach were found to be less favorable for reference comparison than the upstream reach, due to the increased slope and incision, as well as the presence of numerous headcuts. As depicted in the attached Plans, EcoScience proposes to remove sediment and rebuild the stream channel under the deck structure (Station 0+00 to 0+88) to reference condition (E-Channel) with minimal interference to the deck supports. Stream sinuosity within this reach will be limited by the deck supports, and bed grade will consist of a single riffle to avoid unnecessary soil excavation. The remainder of the proposed stream will closely resemble a B-Channel (Station 0+88 to 1+46) consisting of riffle-pool sequencing, and characterized by increased width-depth ratio, increased slope, and grade control sill structures. The sill structures will be installed at bed grade and are necessary for grade control and headcut prevention (two prominent headcuts were identified within this reach). Sill structures will be built with recycled concrete blocks that were A division of 1W 1101 Haynes Street • Suite 101 • Raleigh, North Carolina 27604 • Telephone; 919.828.3433 • Fax: 919.828.3518 • www,pbsj.com • www.ecosciencenc.com discarded during construction of the Walnut Street Park. Bed material specified for this project consists of adding rock to the constructed channel for increased bed stability. This rock will be used to help reduce piping through the sills and provide a more stable bed then excavated soil. Bed material added to riffle and pool areas of the constructed stream will consist of Class "A" rip-rap or surge stone consistent with natural stone found within the region. The existing and proposed dimension, pattern, and profile are detailed on the attached Plans. Planting Plan Plant community restoration will consist of planting native bare-root or containerized seedlings appropriate to piedmont riparian plant communities. Plant selection includes understory trees and shrubs characteristic of riparian assemblage to allow for the development of a native understory. Approximately 1400 square feet of floodplain and stream banks will be planted at 4- foot spacing. Shade tolerant plant species will be the only plants planted directly under the boardwalk to increase survival. Shade tolerant ferns will planted under the boardwalk at 2-foot spacing to supplement the shade tolerant shrubs. Species selected for planting will be dependent upon availability of local sources at the time of planting. The stem count for unavailable species should be redistributed among the other listed species. Any substitutions will require the approval of the designer. Floodplain Planting uanti 1. American holly (Ilex opaca) 10 2. Ironwood (Carpinus caroliniana) 10 3. Tag Alder (Alnus serrulata) 10 4. Elderberry (Sambucus canadensis) 10 5. Winterberry (Ilex verticillata) 10 6. Spicebush (Lindera bezoin) 10 7. Mapleleaf Viburnum (Viburnum acerifolium) 10 8. Silky Dogwood (Cornus amomum) 10 Under Bridge Planting (Shade Tolerant) Quantity 1. Spicebush (Lindera bezoin) 5 2. Mapleleaf Viburnum (Viburnum acerifolium) 5 3. Silky Dogwood (Cornus amomum) 5 4. Cinnamon Fern (Osmunda cinnamomea) 100 5. Royal Fern (Osmunda regalis) 100 Temporary and Permanent Seeding Rates 1. Temporary Seed: German Millet (Seteria italica), Ilb per 1,000 square feet 2. Permanent Seed: Piedmont riparian seed mix, 151bs per acre (or as labeled) 2 ITS Stream banks of the constructed channel and the immediate floodplain area will be immediately planted with temporary and permanent seed, strawed, and covered with coir fiber matting. Bare- root or containerized plants will be inserted through the coir fiber matting. Fill slopes for the boardwalk will be stabilized with composted leaf or triple shredded hardwood mulch to a depth of 6 to 8 inches and planted per the Town of Cary's Walnut Street Park plan. The Town of Cary will ensure that any concentrated flows above the restoration area are diverted (without concentrated discharge into the buffer) as part of the Walnut Street Park plan. Monitoring EcoScience will submit an As-Built Report with written and photo documentation upon completion of construction and planting of the Site. Following agency review and approval of Site construction, a monitoring plan will be implemented and carried out by the Town of Cary. The annual monitoring effort will consist of a qualitative assessment of stream and wetland restoration areas and a quantitative assessment of planted species (survivability rates/species). The monitoring effort will continue for a period of three years, beginning one year following Site planting. EcoScience will initiate construction of the proposed channel following review and approval of the Plans by DWQ. Unless current seedling inventory allows for immediate planting following construction, the plantings will likely take place in during the next planting window (December 15, 2009 - March 15, 2009). This letter and attached Plan are submitted on the behalf of Ms. Kristen M. Dwiggins of the Town of Cary to fulfill the requirements of Notice of Violation (NOV-2009-PC-0074). We look forward to working with you on this important project. Sincerely, ECOSCIENCE Jens Geratz Senior Scientist Attachments 3 1?a/ ITS