20041890 Ver 1_COMPLETE FILE_20041123

Soil &.Environmental Consultants, PA
11010 Raven. Ridge Road_ • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
www.SandEC.com
_ NCDENR-DWQ
Attn: Ms. Cyndi Karoly
2321 Crabtree Blvd
i Parkview Building
Raleigh, NC 27604
US-Army Corps-of Engineers
Attn: Ms. Jennifer Burdette
6508 Falls of the Neuse Rd., Ste. 120
Raleigh, NC 27615
041890
RE: Nationwide Permit 14/401 Water Quality Certification/Buffer Compliance Request
Lake Pine Drive Widening Project
Cary, Wake County, North Carolina
S&EC Project #: 4128
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RE VED
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Dear Ms. Karoly and Ms. Burdette: NU V 2 3 2004
DENR - ?M1'?TER
"AJW6Sgk' STOMA L1Ty
On behalf of the Town of Cary, we hereby request authorization from the US Army ReRq .
Corps of Engineers to use Nationwide Permit 14 -to cover impacts to a jurisdictional
stream channel (see attached impact map). We also request written concurrence from the
NC Division of Water Quality (NC-DWQ) that the project complies with the 401 Water
Quality Certification associated with Nationwide Permit 39 and the Neuse River Basin
riparian buffer rules. A Pre-construction Notification Application (PCN) is attached,
which includes an agent authorization.
The proposed project consists of the widening of Lake Pine Drive (SR1521) in Cary,
Wake County North Carolina. Please refer to the USGS topographic map attached for
the location of the project. S&EC conducted a detailed wetland delineation and Neuse
River Basin (NRB) Riparian Buffer evaluation on the property in February 2001. Ms.
Amanda Jones, of the USACE, approved the wetland delineation in April 2001 (AID #
200120807). On March 8, 2001, Mr. Matt Flynn of the NC-DWQ conducted a site visit
and determined that the stream feature present on the property is subject to the buffer
rules as indicated on the attached site plan. A previous permit was submitted and
approved on June 3, 2002 for the MacGregor Downs commercial development.
Charlotte Office: Greensboro Office:
236 LePhillip Court, Suite C 3817-E Lawndale Drive.
Concord, NC 28025 Greensboro, NC 27455
Phone: [phone] Phone: [phone]
Faz: [phone] Fax: [phone]
November 22, 2004
November 22, 2004
S&EC Project #: 4128
Page 2 of 3
However, we believe this current permit request should be considered as`a separate
project as part of the Town of Cary thoroughfare plan.
The road widening is necessary to accommodate the increasing traffic in the area.
Widening the other side of Lake Pine Drive was not feasible due to existing structures
such as a stormwater pond, pump station, and a parking lot. The proposed widening will
impact a 3-foot wide jurisdictional channel, also subject to the Neuse Buffer rules. The
proposed road widening will permanently impact 0.0025 acres of wetlands, 0.158 acres
- of Zone 1 Riparian Buffer, 0.052 -acres of Zone 2 Riparian Buffer, and 232.75 linear feet -
of intermittent stream channel. Temporary impacts (for construction access) consist of
0.031 acres of wetlands, 0.069 acres of Zone 1 Riparian Buffer, 0.012 acres of Zone 2
Riparian Buffer, and 10 linear feet of intermittent stream channel. Temporary impacts
will be returned to pre-construction contours. The intermittent channel will be relocated
along the shoulder of the proposed road widening (please see the attached Channel
Calculations). All stormwater from the project will be routed to an existing stormwater
pond (no impacts will be incurred due to an aerial crossing of the stream channel).
The USACE's current policy requires applicants to avoid and minimize wetland and
stream channel impacts to the maximum extent practicable and may require
compensatory mitigation to offset unavoidable losses of waters of the US when impacts
exceed the requirements for notification (0.10 acre) or if a discharge any open waters is
proposed. Because impacts are to an intermittent channel that is adjacent to the existing
fill slope, we do not believe mitigation should be required. If mitigation is required, the
applicant proposes payment to the NC-EEP.
NC-DWQ's current policy requires written concurrence for impacts to any stream
channel within the Neuse River Basin. Because the applicant plans to permanently
impact a jurisdictional channel, also subject to the buffer rules, we request written
concurrence that the project complies with the 401 Water Quality Certification associated
with the Nationwide Permits 39. NC-DWQ's current policy does not require wetland or
stream mitigation for stream channel impacts below 1 acre and 150 linear feet per project.
Because there are no wetland impacts are less than 1 acre and the stream impacts are to
an intermittent channel, we believe that neither wetland nor stream mitigation should be
required by NC-DWQ.
As noted above, the stream channel on-site is subject to the buffer rules. Due to the fact
that the existing Lake Pine Drive parallels the stream, the proposed widening will result
in parallel impacts to the Neuse Riparian Buffers. Mitigation will be required for zone 1
and Zone 2 buffer impacts, the client has requested payment to the EEP.
Sincerely,
Todd Preuninger
Biologist/Project Manager
Attachments:
Pre-construction (PCN) notification form
Site Location Map (Figure 1)
Over-all Impact Map
Detail of impact map
Agent Authorization form
$200 check for DWQ
Office Use Only: Form Version May 2002
US ACE Action ID No. DWQ No. 041890
(If any particular item is not applicable to this project, please enter "Not Applicable" or "NIA".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ® Riparian or Watershed Buffer Rules
Section 10 Permit _-__ -_ ? Isolated Wetland-Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 14
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here:
- - 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page ---
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
I
IL, Applicant Information
1. Owner/Applicant Information
Name: Town of Cary / Attn: Michael L. Babuin
Mailing Address: 318 Academy Street
P.O. Box 8005
j Cary NC 27512
Telephone Number [phone] Fax Number: [phone]
E-mail Address: www.townofcga.ora
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Todd Preuninger
Company Affiliation: Soil & Environmental Consultants PA
Mailing Address: 11010 Raven Ridge Road
Raleigh NC 27614
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: [e-mail]
Page 1 of 8
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as_the_property is clearly defined. For administrative and- distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Lake Pine Drive Widening
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): N/A (road widening)
4. Location
County: Wake Nearest Town: Cary
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): The proposed project is located
along Lake Pine- Drive (SRI 521) near its intersection with US 64..
5. Site coordinates, if available (UTM or Lat/Long): stream impact coordinates: 35°44'45" N
78°49'6.5" W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): road widening (linear)
7. Nearest body of water (stream/river/sound/ocean/lake): UT to Williams Creek
8. River Basin: Neuse
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at hqp://h2o.enr.state.ne.us/admin/mUs/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The general land use in the vicinity of the road widening is
mixed use (residential and commercial).
Page 2 of 8
10. Describe the overall project in detail, including the type of equipment to be used: The
proposed project involves the widening of Lake Pine Drive. Hem equipment typically
associated with road construction and grading; will be utilized.
11. Explain the purpose of the proposed work: The purpose of the proposed project is to
accommodate the increase of traffic in the area.
IV. Prior Project History
- -If-jurisdictional determinations and/or permits have e-been-- requested and/or obtained for this -
-project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
Jurisdictional determination-April 2001 AID# 200120807
Buffer Confirmation - March 8 2001 DWQ#: NBRRO 01-086
j Notice of Violation - April 12, 2002 (for the adjacent development)
NWP 39-June 3 2002 AID#200120807
Waiver of 401 Water Quality Certification & Neuse River Buffer Rule Approval-April 7, 2003
DWQ#02-0639
** Regarding the previously mentioned NWP 39, 401 Certification, Buffer Approval, and
Notice of Violation we believe that these permits should be considered as separate from the
scope of this request The previously issued permits related to the commercial development of
the MacGregor Center, while the current request concerns the widening of Lake Pine Drive by
the Town of Cary
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No future permits are anticipated at this time
i
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
Page 3 of 8
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: The proposed road widening
will permanently impact 0.0025 acres of wetlands, 0.158 acres of Zone 1 Riparian Buffer, 0.052 acres of
Zone 2 Riparian Buffer, and 232.75 linear feet of intermittent stream channel. Temporary impacts due
to accessibility for heavy machinery include 0.031 acres of wetlands, 0.069 acres of Zone 1 Riparian
Buffer, 0.012 acres of Zone 2 Riparian Buffer, and 10 linear feet of intermittent stream channel. The
intermittent channel will be relocated along the shoulder of the road widening. All stormwater from the
project-will be routed to an existing stormwater-pond- (no--impacts will be incurred-due-to an - aerial
crossing of the stream channel).
2. Individually list wetland impacts below:
Wetland Impact Area of Located within Distance to
Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland***
indicate on ma acres es/no linear feet
1 grading 0.0025 no 25 forested
2 temporary 0.031 no 25 forested
List each impact separately and identity temporary impacts.- Impacts include, but are not limited to: mechanized clearing, grading, tin,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at hgp://www.fema.gov.
*** !List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: NA
Total area of wetland impact proposed: 0.0025 acres of permanent impacts: 0.031 acres of
temporaU impacts
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact Length of Average Width Perennial or
1 Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
indicate on ma linear feet Before Impact leasespecify)
1 relocation 232.75 UT to Williams Creek 3' intermittent
2 temporary 10 UT to Williams Creek 3' intermittent
* List each impact separately and identify temporary impacts. impacts include, but are not limited to: culverts and assoctatea np-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** y Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.tol2ozone.com,
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 232.75 if of permanent
impacts (10 if of temporary impacts)
Page 4 of 8
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact Area of Name of Waterbody Type of Waterbody
Site Number Type of Impact* Impact
(if applicable) (lake, pond, estuary, sound,
indicate on ma acres bay, ocean, etc.
NA NA NA NA NA
: List each impact separately and identity temporary impacts. Impacts include, but are not limited to: till, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): NA
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): NA
Size of watershed draining to pond:" - NA Expected pond surface area`. NA"
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The client reauested a detailed wetland delineation to minimize impacts to iurisdictional
waters of the US. The road widening could not be implemented on the other side of the road due
to the existence of a stormwater pond, pump station, and parking; area.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Page 5 of 8
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed. - - - - - - -
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
hiip://h2o.enr.state.ne.us/ncwetlands/strmaide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
E The road widening will impact a buffered stream which could not be avoided due to the
presence of existing' structures (i e. stormwater pond pump station, and parking lot) on the
opposite side of Lake Pine Drive The widening will permanently impact 232 linear feet of
intermittent channel which will be relocated along, the shoulder of the proposed widening,
and 0.0025 acres of wetlands. We believe the USACE should not require compensatory
mitigation for this project since the wetland impacts are less than 0.1 acres and the stream
impacts are to an intermittent channel. Current NC-DWQ policy requires buffer miti ag tion
for parallel impacts to othe riparian buffer associated with road construction. Because the
project impacts exceed these thresholds riparian buffer mitigation will be required.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at hllp://h2o.enr.state.nc.us/wrp/index.htrn. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet): NA
Amount of buffer mitigation requested (square feet): 33,121.5 SF
Amount of Riparian wetland mitigation requested (acres): NA
Page 6 of 8
Amount of Non-riparian wetland mitigation requested (acres): NA
Amount of Coastal wetland mitigation requested (acres): NA
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 213 .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify V
Yes ® No ? If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
s uare feet Multiplier Required
Mitigation
1 9910 3 29,730
2 2261 1.5 3,391.5
Total 12170.69 33,121.5
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Gone [ extends an
additional 20 feet from the edge of Zone 1. (Please note that Zone 2 temporary impacts are not included in
this table-Additional temp impacts include 0.012 acres of Zone 2, which will be re-vegetated)
Page 7 of 8
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B.0242 or.0260.
Pavment to the NC-EEP
XI.-- Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
NA -
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
NA
Applicant/Agent's Signature Dale % (Agent's signature is valid only if an authorization letter from the applicant is provided.)
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