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HomeMy WebLinkAbout19870265 Ver 1_COMPLETE FILE_19870326y State of North Carolina Department of Natural Resources and Community Development Division of Coastal Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor March 26, 1987 David W. Owens S. Thomas Rhodes, Secretary Director Colonel Paul W. Woodbury Corps of Enginers P. 0. Box 1890 Wilmington, NC 28402 Dear Mr. Woodbury: In keeping with your request, this office has circulated to interested state review agencies U. S. Army Corps of Engineers Public Notice .... 0162 dated January 8, 1987 which describes a project proposal by the City of Raleigh. The project, involving wetland fill and stream. realignment for the purpose of constructing a segment of the Raleigh Boulevard Extension, is located in Raleigh along Gatlin Branch. During the course of the review required to develop a state viewpoint, two of the six agencies submitting substantive comments objected or expressed - concern about .. a prgj #:_-vJ:L ment,; ;than requires relocation of -250.0 feet of stream channel. - Howe r--4ue-•to -the particular circumstances involving this project, an objection will not be interposed provided mitigation is included in any permit issued. Mitigation, other requirements and information and the agency submitting each follows: 1) The Wildlife Resources Commission recommends: a) sinuosity and instream habitat will be maintained in the relocated section of the stream; b) wetland loss will be mitigated on site by creation of new wetlands on a 2 to 1 basis; 2) The Division of Water Resources compliments the preceding comment and recommends a) The width and depth of the new stream channel should be the same as those of the channel being replaced. The intent here is to avoid replacing a relatively small well-defined channel with a broad shallow ditch; 2) Planting of trees and/or shrubs should be performed along the new channel, as necessary, in order to produce shade cover similar to that occurring along the old channel; 3) The = Division of Land Resources reports that a d€tailed channel sedimentation and erosion control plan must be submitted for approval by that agency's Raleigh Regional office if this project is allowed. - The following must be given particular attention: a) channel change and culvert construction must be staged to allow for maintenance of base flow in the existing channels to the extent possible during installation of the storm drains, and stabilization of the channel changes must be provided prior to diversion of flow; b) properly designed energy dissipators and channel linings must be addressed for the channel changes; c) properly designed sediment controls must be implemented to prevent excessive soil loss to the watercourses where construction will be in P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 An Equal Opportunity Affirmative Action Employer t ' Colonel Paul W. Woodbury Page 2 March 26, 1987 close proximity; 4) the Division of Environmental Management issued Section 401 Water Quality Certification No. 2040 for the proposed project on March 16, 1987; and 5) the Division of Health Services cautions that several water lines are located in the path of, and adjacent to, the proposed project. Due to a possible rupture during construction, the contractor should contact the appropriate water system officials to specify a work schedule. Should you require additional input from the state on this matter, do not hesitate to contact this office or the commenting agencies. Very sincerely, 4 h R?ker Inland '404 Coordinator JRP/jr/aw cc: Don Baker Wildlife Resources Commission John Sutherland Division of Water Resources John Holly Division of Lan d Resources Bill Millsl/ Division of Environmental Management Linda Sewell Division of Health Services ..°-!.- w State of North Carolina Department of Natural Resources and Community Development Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor S. Thomas Rhodes, Secretary March 16, 1987 Mr. Donald Glosser DSA Group, Inc. 1033 Wads Avenue Raleigh, NC 27605 Dear Mr. Glosser: R. Paul Wilms Director Subject: Certification Pursuant to Section 401 of the Federal Clean Water Act, Proposed Raleigh Boulevard Extension City of Raleigh Gatlin Branch Wake County Attached hereto are two (2) copies of Certification No. 2040 issued to City of Raleigh dated March 16, 1987. If we can be of further assistance, do not hesitate to contact us. Sincerely yours, Original Signed By William C. Milts l`or R. Paul Wilms cc: Wilmington District Corps of Engineers Raleigh Regional Office Mr. William Mills Mr. David Owens Pollution Prevention Pays P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer NOM CAROLINA Wake County CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Environmental Management Regulations in 15 NCAC 2H, Section .0500 to City of Raleigh pursuant to an application filed on the 22nd day of December, 1986 to fill in wetlands and relocate a portion of Gatlin Branch for the extension of Raleigh Boulevard. The Application provides adequate assurance that the discharge of fill material into a wetlands area adjacent to the waters of Gatlin Branch in conjunction with the proposed roadway construction in Wake County will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. Condition (s) of Certification: 1. That the activity be conducted in such a manner as to prevent significant increase in turbidity outside the area of construction or construction related discharge (increases such that the turbidity in the Stream is 50 NTU's or less are not considered significant). 2. That appropriate sedimentation and erosion control measures shall be employed to minimize turbidity and siltation impacts from the project. Violations of any condition herein set forth shall result in revocation of this Certification. This Certification shall become null and void unless the above conditions are made conditions of the Federal Permit. This the 16th day of March, 1987. DIVISION OF ENVIRIMMENTAL MANAGEMENT Original Signed By William C. MOTS For R. Paul Wilms, Director WQC# 2040 ..., STATF State of North Carolina Department of Natural Resources and Community Development Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor S. Thomas Rhodes, Secretary March 16, 1987 Mr. Donald Glosser DSA Group, Inc. 1033 Wade Avenue Raleigh, NC 27605 Dear Mr. Glosser: R. Paul Wilms Director Subject: Certification Pursuant to Section 401 of the Federal Clean Plater Act, Proposed Raleigh Boulevard Extension City of Raleigh Gatlin Branch Wake County Attached hereto are two (2) copies of Certification No. 2040 issued to City of Raleigh dated March 16, 1987. If we can be of further assistance, do not hesitate to contact us. Sincerely yours, u icinal $Igiied BY William C. Mills For R. Paul Wilms cc: Wilmington District Corps of Engineers Raleigh Regional Office Mr. William Mills Mr. David Owens Pollution Prevention Pays P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919.733-7015 An Equal Opportunity Affirmative Action Employer t i NORTH CAROLINA Wake County CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Environmental Management Regulations in 15 NCAC 2H, Section .0500 to City of Raleigh pursuant to an application filed on the 22nd day of December, 1986 to fill in wetlands and relocate a portion of Gatlin Branch for the extension of Raleigh Boulevard. The Application provides adequate assurance that the discharge of fill material into a wetlands area adjacent to the waters of Gatlin Branch in conjunction with the proposed roadway construction in Wake County will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. Condition(s) of Certification: 1. That the activity be conducted in such a manner as to prevent significant increase in turbidity outside the area of construction or construction related discharge (increases such that the turbidity in the Stream is 50 NTU's or less are not considered significant). 2. That appropriate sedimentation and erosion control measures shall be employed to minimize turbidity and siltation impacts from the project. Violations of any condition herein set forth shall result in revocation of this Certification. This Certification shall become null and void unless the above conditions are made conditions of the Federal Permit. This the 16th day of March, 1987. DIVISION OF ENVIRONMENTAL MANS Original signed BY William C. Mills For R. Paul Wilms, Director WQC# 2040 _ i ?y ? srArF °'?r ' ? ld A aM +/ State of North Carolina Department of Natural Resources and Community Development 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor January 13, 1987 S. Thomas Rhodes, Secretary Mr. R. Paul Wilms, Director Water Quality Section Division of Environmental Management Raleigh, North Carolina 27611 Dear Mr. Wilms: The attached U. S. Army Corps of Engineers Public Notice No. 16? dated 1_8_87 describing a project proposed by The City of Raleigh is being circulated to interested state agencies for comments on applicable Section 404 and/or Section 10 permits. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 2_5_87 Very sincerely, John R. Parker, Jr. 404 Coordinator REPLY / This office objects to the project as proposed. -?/ `-Comments on this project are attached. This office supports the project proposal. No comment. Signed Date Agency JRP:j r./aw P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-4984 An EqualOpportunity / Affirmative Action Employer I, N, SAWC087-N-092-0162 DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 January 8, 1987 PUBLIC NOTICE THE CITY OF RALEIGH, C/O DONALD GLOSSER, P.E., DSA GROUP, INC., 1033 Wade Avenue, Raleigh, North Carolina 27605, has applied for a Department of the Army permit TO REALIGN A PORTION OF GATLIN BRANCH AND FILL WETLANDS FOR CONSTRUCTION OF THE RALEIGH BOULEVARD EXTENSION IN RALEIGH, Wake County, North Carolina. The following description of the work is taken from data provided by the applicant and from observations made during an onsite visit by a representative of the Corps of Engineers. Plans submitted with the application show that the proposed road will extend from Rock Quarry Road north to New Bern Avenue, following Gatlin Branch, which is a tributary of Walnut Creek. Due to the presence of houses along either side of the proposed roadway, the northern portion of this project will require the realignment of approximately 2,500 feet of Gatlin Branch, and the additional placement of about 300 cubic yards of fill material in wetlands. The southern part of the project will be able to veer away from the Creek and all wetlands. Gatlin Branch has fairly steep banks on both sides. Vegetation common to the side slopes includes; box elder (Acer ne undo), sycamore (Platanus occidentalis), red maple (Acer rubrum), tulip poplar (Liriodendron tulipifera)., and willow (Salix sp.). Understory and herbaceous species include young of the above as well as wild grape (Vitis sp.), honeysuckle (Lonicera japonica), poison ivy (Rhus radicans), Boehmeria cylindrica and various grasses.. The channel is fairly well defined with several feeder streams entering along its length. The bottom is fine sand to alluvial. The purpose of the work is to construct a road through the area and over Gatlin Branch. Plans showing the work are included with this public notice. The State of North Carolina will review this public notice to determine the need for the applicant to obtain any required State authorization. No Department of the Army permit will be issued until the coordinated State viewpoint on the proposal has been received and reviewed by this agency, nor will a Department of the Army permit be issued until the North Carolina Division of Environmental Management has determined the applicability of a Water Quality Certificate as required by PL 92-500. This application is being considered pursuant to Section 404(b) of the Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within the comment period specified in the notice, that a public hearing be held to r i -2- consider this application. Requests for public hearing shall state, with particularity, the reasons for holding a public hearing. The District Engineer has consulted the latest published version of the National Register of Historic Places for the presence or absence of registered properties, or properties listed as being eligible for inclusion therein, and this worksite is not registered property or property listed as being eligible for inclusion in the Register. Consultation of the National Register constitutes the extent of cultural resource investigations by the District Engineer, and he is otherwise unaware of the presence of such resources. Presently, unknown archeological, scientific, prehistorical, or historical data may be lost or destroyed by work under the requested permit. The District Engineer has determined, based on a review of data furnished by the applicant and onsite observations, that the activity will not affect species., or their critical habitat, designated as endangered or threatened pursuant to the Endangered Species. Act of 1973. The.decision whether to issue a permit will be based on an evaluation of the probable impacts, including cumulative impacts, of the proposed activity and.its intended use on the public interest. Evaluation of the probable impacts which the proposed activity may have on the public interest requires a careful weighing of all those factors which become relevant in each particular case:: The benefits which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. The decision whether to authorize a proposal, and if so the conditions under which it will be allowed to occur, are therefore determined by the outcome of the general balancing process. That decision should reflect the national concern for both protection and utilization of important resources. All factors which may be relevant to the proposal must be considered including the cumulative effects thereof. Among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, flood plain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. For activities involving the placement of dredged or fill materials in waters of the United States, a permit will be denied if the discharge that would be authorized by such permit would not comply with the Environmental Protection Agencies' 404(b)(1) guidelines. Subject to the preceding sentence and any other applicable guidelines or criteria, a permit will be granted unless the District Engineer determines that it would be contrary to the public interest. Generally, the decision whether to issue this Department of the Army permit will not be made until the North Carolina Division of Environmental Management (DEM) issues, denies, or waives State certification required by Section 401 of the Clean Water Act. The DEM considers whether or not the proposed activity will comply with Sections 301, 302, 306, and 307 of the Clean Water Act. The application and this public notice for the Department of the Army permit serves as application to the DEM for certification. -i -3- Additional information regarding the Clean Water Act certification may be reviewed at the offices of the Environmental Operations Section, North Carolina Division of Environmental Management, Salisbury Street, Archdale Building, Raleigh, North Carolina. Copies of such materials will be furnished to any person requesting copies upon payment of reproduction costs. The North Carolina Division of Environmental Management plans to take final action in the issuance of the Clean Water Act certification on or after February 17, 1987. All persons desiring to make comments regarding the application for Clean Water Act certification should do so in writing delivered to the North Carolina Division of Environmental Management, Post Office Box 27687, Raleigh, North Carolina 27611-7687, on or before February 11, 1987, Attention: Mr.William Mills. Written comments pertinent to the proposed work, as outlined above, will be received in this office, Attention: Mr. Jeff Richter, until 4:15 p.m., February 9, 1987, or telephone (919) 343-4636. Paul W. Woodbury Colonel, Corps of Engineers District Engineer r ?a Cowl rY, /ti/or h earo 11n a G? -r- y o P- L E- t 6 14 Ex 4e p /eoo ? ? 2•e0' Da t?'+??n U S ©.».O?e? le, E?rt-" ' a Sl1 C?.ov?o Dec. ?9?G ? o II ? t O r o% I ?1 %? 0•# / OZ •t 111 °i \ - a f I ;t 0 W LLJ x 't (? I R W 0% 1 I 1 is r , ? ply 3 !• 1 .u ; .1 ! G ii ll / I ' o i 1 01 I 't 1 a ro N? I 1 1 3 ? ? ? ! I pro I 1 N oaol ? i \ y ? ? " li i i ll! I I I! ` I t I ? I 0 I I I } f.. ? t ?? ? I q N1 S 0 2 ! ' ; I 0 I i I I I i 'll99 I I ? I 0 I I I iR I i li ! I II I i, . t C '-' r 11.or?o tt 11 j I .I . .. I ? tj pq o E • : l a I I 0 ? R.o r.a I I .I ' 1 ? 1 i I I l I I I ° - • ITI ? r l I I O I p?.? Q ? I ? ? O F 1 ???o ? ?! ! I , ? 1 1 I I I i? I !( fl . ? ?R 1I I ti • ? 1S.OMJi? 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' R o OyC a I I I• I ' I {ii ; I' :+; 1 I I I ` ?• I,I?, .... .I 1.: ; ( i l l l ? d ' '' '' I l I . 411.4 I I . ,.o* o o i i d ill VIP .6 V I I;li VO I Iii} ' I : ?. I' II ettf , 1: rI N j I W 7-7 LL. O W W N i' i? e ! I I 1? 1 II • 1 i;; , • 1>t ?r r ? - I it F TO O ? r? =1 ?1 11 ??. Ily?? 1 E 1 1 1 j 1 y I ?1 11 11'5 p1 z ? `, 1 P i ? ?! f , ? 1 ?1 •• a `° ? _-- j r + I I j. G r ! ut j _ -- . l I : . a o FR .ar o . i, 3 ?? ? 0 , D?r Q•r oYq ? +.I . O ? tl } 0 tpx ? +? 'I{ I ij? 'j P ?,ao.?.o p j a W ? +" 1 ZC9 I? I? I I f1 z z fj ? / I II II ! ' j in co u ? !! I?' l'I i il . II It I ! ? ? ? ? ? lif l iii It • ti! I I ? .I • I.O L I 8 I .?I ! Ij! I j` I I ` II! II I l ul l r0 3 ? I ';?`i-?.4 "bb l u _ ..°,°{o?o.?o j? •'f i??` :?I I j I! 1 1 ? I I I ? r? ultl ` ``? ? I ' ) I ' ? ^ ?/ ?? • II'I 'Ij I ? ! ! l? ? ?' I !II I I. oo.a 1 ? f ??o ?tf ea II I ?-; ? II I I 1 I I ; E, , I TL LL - n,wn DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402.1890 January 9, 1987 IN REPLY REFER TO Regulatory Branch SUBJECT: File No. SAWC087-N-092-0162 R(? Mr. William Mills i;;i'? ' ?? Water Quality Section Division of Environmental Management WATER 0,11"A TY, SECTIT'! PER 'MIN 7 FZ?R ANCI-. North Carolina Department of Natural OPERA'. Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Mills: Enclosed is the application of the City of Raleigh, represented by DSA Group, Incorporated, for a Department of the Army permit and a State Water Quality Certification to place fill material in the waters and wetlands of Gatlin Branch to extend Raleigh Boulevard, Raleigh, Wake County, North Carolina. Your receipt of this letter verifies your acceptance of a valid request for certification in accordance with Section 325.2(b)(ii) of our administrative regulations. We are considering authorization of the proposed activity pursuant to Section 404 of the Clean Water Act, and we have determined that a water quality certification may be required under the provisions of Section 401 of the same law. A Department of the Army permit will not be granted until the certification has been obtained or waived. In accordance with our administrative regulations, 60 days after receipt of a request for certification is considered a reasonable time for State action. Therefore, if your office has not acted on the request by March 6, 1987, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to Mr. Ernest Jahnke, telephone (919) 343-4467. Sincerely, har W. Ho is hief, Regulatory Branch Enclosure -2- Copy Furnished (without enclosure): Mr. John Parker Division of Coastal Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 APPLICATION pSA (,c C& 7 `' FOR PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFICATION EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT Department of Administration State of North Carolina Department of the Army (G5 146.12) Department of Natural Resources and Community Development Corps of Engineers, Wilmington Districi (GS 113.229, 14215.3(a)(1), 143.215.3(c), 113A-118 (33 CFR 209.320.329) Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank. 1. Applicant Information A. Name City of P,al ei gh North Carolina _ Last First Middle B. Address Street, P. O. Box or Route City or Town State Zip Code Phone 11. Location of PrgpQsod Project: A. County WaKe B. 1. City, town, community or landmark _Bal pi gh 2. Is proposed work within city limits? Yes _X No C. Creek, river, sound or bay upon which project is located or nearest named body of water to project Gatlin Branch - Trib, to Walnut Creek III. Description of.Project A. 1. Maintenance of existing project 2. New work --Extension of Ralei gh Blvd. B. Purpose of excavation or fill 1. Access channel lengthy width depth 2. Boat basin length-, width depth 3. Fill area Roadway Fi 11 length 2,500 width varies depth varies 4. Other length width depth C. 1. Bulkhead length NSA Average distance waterward of MHW (shoreline) 2. Type of bulkhead construction (material) D. Excavated material (total for project) 1. Cubic yards 2,500 2. Type of material sandy loamy clay E. Fill material to be placed below MHW (see also VI. A) 1. Cubic yards 300 2. Type of material sand-clay roadway fill IV. Land Type, Disposal Area, and Construction Equipment: A. Does the area to be excavated include any marshland, swamps or other wetland? Yes X No B. Does the disposal area include any marshland, swamps or other wetland? Yes y No Stream Channel C. Disposal Area Excavated material will be utilized in roadway fill. 1. Location 2. Do you claim title to disposal area? wi 1.1 hp rpn H rind D. Fill material source if fill is to be trucked in _ borrow areas on hi h ground i f requi red E. I-low will excavated material be entrapped and erosion controlled? silt fence, straw bales, sediment basins F. 1 ype of equipment to be used road construction equipment G. Will marshland be crossed in transporting equipment to project site? If yes, explain no DA F-61 Rev. 10/78 ?1. Intended Use of Project Area (Describe) . A. 1. Private 2. Commercial 3. Housing Development or Industrial 4. Other_ Transportation facility B. 1. Lot size(s) - N/A 2. Elevation of lot(s) above mean high water 3. Soil type and texture 4. Type of building facilities or structures 5. Sewage disposal and/or waste water treatment A. Existing Planned B. Describe 6. Land Classification (circle one) DEVELOPED TRANSITIONAL COMMUNITY RURAL CONSERVATION OTHER (See CAMA Local Land Use Plan Synopsis, VI. Pertaining to Fill and Water Quality: A. Does the proposed project involve the placement of fill materials below mean high water? Yes X No B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the area following project completion? Yes_. No X _ 2• Type of discharge surface runoff 3. Location of discharge see drawings VII: Present rate of shoreline erosion (if known): NSA Vill. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permlu for work in project area, if applicable: none IX. Length of time required to complete project: _ 2 -years X. In addition to the completed application form, the following items must be provided: A. Attach - a copy of the deed (with State application only) or other instrument under which applicant claims title to the affected property. OR if applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title plus written permission from the owner to carry out the project on his land. B. Attach an accurate work plat drawn to scale on Vi X 11" white paper (see instruction booklet for details). Note: Original drawings preferred - only high quality copies accepted. C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or certified mail or by publication (G.S. 113-229 (d))Enter date served D. List names and complete addresses of the riparian landowners with property adjoining applicant's. Such owners have 30 days in which to submit comments to agencies listed below. City of Raleigh will acquire all right-of-way before project contract. XI. Certification requirement: I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolinafs approved coastal management program and will be conducted in a manner consistent with such program. Xlt. Any permit issued pursuant to this application will a ly the development described in this appli cation and plat. Applicants should therefore descri a in the pplicatio an plat all anticipated devel- opment activities, including construction, excavatio ,filling, d I d e r g. DATE 12 t2 $(D Donald H. Glosser pl'bS?'s i?nacure r up, Inc. OAF-132 SEE REVEI )E FOR MAILING INSTRUCTIONS Rev, toll& Y Q od ?o a s- (_.._ s ;JEW 6 u n a _-__!A ? oa d f l ({? CS / ?- W g r d'1 C r ee i? GV?-,?? Co??l T Y, ' /?or-fh Caro /?r? a "C' 4eas v p /ecb ? 2eop' Daft F'i?,,, US Quad Rat'. 41, ??gt- pSq Grov/o oPG. 19FG It) LL O N H W W S N xru i I I J a LL. O M 1- W W 2 N ?y Il if) O L? r W W N I 'I i f. r LL O . W W S N I l I I I i l I i? I? 1 I f 't i 4- DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers Post Office Box 1890 ,. Wilmington, North Carolina 28402-1890 i SAWC087-N-092-0162 PUBLIC NOTICE j r?y""? tl?ll t.<t f=? i?; C ? i?3?7 January 8, 1987 THE CITY OF RALEIGH, C/O DONALD GLOSSER, P.E., DSA GROUP, INC., 1033 Wade Avenue, Raleigh, North Carolina 27605, has applied for a Department of the Army permit TO REALIGN A PORTION OF GATLIN BRANCH AND FILL WETLANDS FOR CONSTRUCTION OF THE RALEIGH BOULEVARD EXTENSION IN RALEIGH, Wake County, North Carolina. The following description of the work is taken from data provided by the applicant and from observations made during an onsite visit by a representative of the Corps of Engineers. Plans submitted with the application show that the proposed road will extend from Rock Quarry Road north to New Bern Avenue, following Gatlin Branch, which is a tributary of Walnut Creek. Due to the presence of houses along either side of the proposed roadway, the northern portion of this project will require the realignment of approximately 2,500 feet of Gatlin Branch, and the additional placement of about 300 cubic yards of fill material in wetlands. The southern part of the project. will be able to veer away from the Creek and all wetlands. Gatlin Branch has fairly steep banks on both sides. Vegetation common to the side slopes includes; box elder (Acer ne undo), sycamore (Platanus occidentalis), red maple (Acer rubrum), tulip poplar (Liriodendron tulipifera), and willow (Salix sp.). Understory and herbaceous species include young of the above as well as wild grape (Vitis sp.), honeysuckle (Lonicera japonica), poison ivy (Rhus radicans), Boehmeria cylindrica and various grasses. The channel is fairly well defined with several feeder streams entering along its length. The bottom is fine sand to alluvial. The purpose of the work is to construct a road through the area and over Gatlin Branch. Plans showing the work are included with this public notice. The State of North Carolina will review this public notice to determine the need for the applicant to obtain any required State authorization. No Department of the Army permit will be issued until the coordinated State viewpoint on the proposal has been received and reviewed by this agency, nor will a Department of the Army permit be issued until the North Carolina Division of Environmental Management has determined the applicability of a Water Quality Certificate as required by PL 92-500. This application is being considered pursuant to Section 404(b) of the Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within the comment period specified in the notice, that a public hearing be held to -2- consider this application. Requests for public hearing shall state, with particularity, the reasons for holding a public hearing. The District Engineer has consulted the latest published version of the XT-tonal Register of Historic Places for the presence or absence of registered properties, or properties listed as being e13gi a or 1n3 ' LL, aLdu this worksite is not registered property or property listed as being eligible for inclusion in the Register. Consultation of the National Register constitutes the extent of cultural resource investigations by the District Engineer, and he is otherwise unaware of the presence of such resources. Presently, unknown archeological, scientific, prehistorical, or historical data may be lost or destroyed by work under the requested permit. The District Engineer has determined, based on a review of data furnished by the applicant and onsite observations, that the activity will not affect species, or their critical habitat, designated as endangered or threatened pursuant to the Endangered Species Act of 1973. The decision whether to issue a permit will be based on an evaluation of the probable impacts, including cumulative impacts, of the proposed activity and its intended use on the public interest. Evaluation of the probable impacts which the proposed activity may have on the public interest requires a careful weighing of all those factors which become relevant in each particular case. The benefits which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. The decision whether to authorize a proposal, and if so the conditions under which it will be allowed to occur, are therefore determined by the outcome of the general balancing process. That decision should reflect the national concern for both protection and utilization of important resources. All factors which may be relevant to the proposal must be considered including the cumulative effects thereof. Among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, flood plain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. For activities involving the placement of dredged or fill materials in waters of the United States, a permit will be denied if the discharge that would be authorized by such permit would not comply with the Environmental Protection Agencies' 404(b)(1) guidelines. Subject to the preceding sentence and any other applicable guidelines or criteria, a permit will be granted unless the District Engineer determines that it would be contrary to the public interest. Generally, the decision whether to issue this Department of the Army permit will not be made until the North Carolina Division of Environmental Management (DEM) issues, denies, or waives State certification required by Section 401 of the Clean Water Act. The DEM considers whether or not the proposed activity will comply with Sections 301, 302, 306, and 307 of the Clean Water Act. The application and this public notice for the Department of the Army permit serves as application to the DEM for certification. de 4 U -3- Additional information regarding the Clean Water Act certification may be reviewed at the offices of the Environmental Operations Section, North Carolina Division of Environmental Management, Salisbury Street, Archdale Building, Raleigh, North Carolina. Copies of such materials will be furnished to any person requesting copies upon payment of reproduction costs. The North Carolina Division of Environmental Management plans to take final action in the issuance of the Clean Water Act certification on or after February 17, 1987. All persons desiring to make comments regarding the application for Clean Water Act certification should do so in writing delivered to the North Carolina Division of Environmental Management, Post Office Box 27687, Raleigh, North Carolina 27611-7687, on or before February 11, 1987, Attention: Mr.William Mills. Written comments pertinent to the proposed work, as outlined above, will be received in this office, Attention: Mr. Jeff Richter, until 4:15 p.m., February 9, 1987, or telephone (919) 343-4636. Paul W. Woodbury Colonel, Corps of Engineers District Engineer , 35° 47' 3o" C t' ?a (Ake Cowl T Y, dap-,o 11n G -r-y o F P-L EfG 14 p/O,daS ec) plet?? Z!iX der/s e ieoo ? 2.oa .D.vh, -Fro). US Qva?w?a?e? 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I cif' f f Ul) LL O W W S to to LL 1 ? 1 ., 11 ? ytii? ??1 :: s} ., ! 1' ??? '? 1;? a ?, ;«: t`om` Ilk III ?? - 8 ? 0'r p•e D•rq Hill d o ? 0 tOx ? ? . ?, w w zz rl Z(D f Qa iA •a °°'u III ?? ,o I .8 I Iq j!, , e j ° 1I I !• 1 oo•a 1 f i o 1/ I ^o I 1 i I r w w . ,w APPLICATION FOR PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFICATION EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT Department of Administration State of North Carolina Department of the Army (GS 14¢12) Department of Natural Resources and Community Development Corps of Engineers, Wilmington District (GS 113.229, 143.215.3(a)(1), 143.215.3(c), 113A•118 (33 CFR 209.320-329) Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank. Applicant Information A. Name City of Raleigh, North Carolina Last First Middle B. Address Street, P. O. Box or Route City or Town State Zip Code Phone II. Location of Prppaked Project: A. County WW B. 1. City, town, community or landmark Ba 1 All Ch 2. Is proposed work within city limits? Yes_X_No C. Creek, river, sound or bay upon which project is located or nearest named body of water to project Gatlin Branch - Trib. to Walnut Creek 111. Description of Project A. 1. Maintenance of existing project 2. New work -Extension of Raleigh Blvd, B. Purpose of excavation or fill 1. Access channel length-;width depth 2. Boat basin length width depth 3. Fill area Roadway Fi 11 length 2 5001 - width varl es depth vari es 4. Other length width depth C. 1. Bulkhead length N/A Average distance waterward of MNW (shoreline) 2. Type of bulkhead construction (material) D. Excavated material (total for project) 1. Cubic yards 2,500 2. Typeof material sandy loamy clay E. Fill material to be placed below MNW (see also VI. A) 1. Cubic yards 300 2. Type of material sand-clay roadway fill IV. Land Type, Disposal Area, and Construction Equipment: A. Does the area to be excavated include any marshland, swamps or other wetland? Yes X No B. Does the disposal area include any marshland, swamps or other wetland? Yes_X_ No Stream Channel C. Disposal Area Excavated material will be utilized in roadway fill. 1. Location 2. Do you claim title to disposal area?__wiI l hp rpntoi rpd D. Fill material source if fill is to be trucked in _ borrow areas on high round if required E. I-low will excavated material be entrapped and erosion controlled? silt fence, straw bales, sediment basins F. type of equipment to be used road construction equi pment G. Will marshland be crossed in transporting equipment to project site? If yes, explain . no D& F•131 Rev. 10179 X Intended Use of Project Area (Describe) ` • A. 1. Private 2. Commercial 3. Housing Development or Industrial 4. Other_ Transportation -facility B. 1. Lot size(s) N/A 2. Elevation of lot(s) above mean high water 3. Soil type and texture 4. Type of building facilities or structures 5. Sewage disposal and/or waste water treatment A. Existing Planned B. Describe 6. Land Classification (circle one) DEVELOPED TRANSITIONAL COMMUNITY RURAL CONSERVATION OTHER (See CAMA Local Land Use Plan Synopsis. VI. Pertaining to Fill and Water Quality: A. Does the proposed project involve the placement of fill materials below mean high water? Yes X No B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the area following project completion? Yes-No X 2. Type of discharge surface runoff 3. Location of discharge see drawings VII: Present rate of shoreline erosion (if known): N/A VIII. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for work in project area, if applicable: none IX. Length of time required to complete project: 2 years X. In addition to the completed application form, the following items must be provided: A. Attach a copy of the deed (with State application only) or other instrument under which applicant claims title to the affected property. OR if applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title plus written permission from the owner to carry out the project on his land. B. Attach an accurate work plat drawn to scale on 8%z X 11" white paper (see instruction booklet for details). Note: Original drawings preferred - only high quality copies accepted. C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or certified mail or by publication (G.S. 113-229 (d))Enter date served D. List names and complete addresses of the riparian landowners with property adjoining applicant's. Such owners have 30 days in which to submit comments to agencies listed below. City of Raleigh will acquire all right-of-way before project contract A. X1. Certification requirement: I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolinats approved coastal management program and will be conducted in a manner consistent with such program. XII. Any permit issued pursuant to this application will a ly the development described in this appli cation and plat. Applicants should therefore descri a in the pplicatio an plat all anticipated devel- opment activities, including construction, excavatio , filling, dl d e r g. DATE 12 i2 $(? Donald H. Glosser?;I??Sant , A r?up,eInc. D&F-02 SEE REVEI )E FOR MAILING INSTRUCTIONS itev. 10178 Ii C-9 , V-a G?YY o? ?pLEIGf-? P pop°s ee) ?a/ec r Z led, ?X f eo r /dH c reoo' 2soo' Dafa Yiv,,L/S Qvad"i?ale 4 Ea6t p$R C,-ovp dec. /9?G a LL O N 1- W W S N C l i ! ti 1 I I II ', ? I I tl I I ? I ? ??AN 6? OD.M I ! I I I •? -T\ ? II I . I CD OJ _ I r Hi ! I a ! ? I ll ?+ I i I Wr-?'J <G III I ! I'! III Iii' ' , i1; IIj I li II ! I li ' y ' ii 11 I ' ! 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