HomeMy WebLinkAbout20060514 Ver 1_COMPLETE FILE_20070821V,
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
March 30, 2006
City of Raleigh
Public Utility Department
Attn: Mr. Ken Best
PO Box 590
Raleigh, NC 27602-0590
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 06-0514
Wake County
Subject Property: Lake Benson Gravel Boat Launch Area
Lake Benson(Swift Creek) [030402, 27-43-(5-5) WSIII, NSW Ca]
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River
Buffer Protection Rules (15A NCAC 2B.0233) with Additional Conditions
Dear Mr. Best:
You have our approval, in accordance with the attached conditions and those listed below, to place gravel
fill within or otherwise impact 0.02 acres of open waters and 200 square feet (200 ftz) of protected Zone 1
Neuse River basin riparian buffer for the purpose of constructing a gravel boat ramp on Lake Benson, as
described within your application dated March 13, 2006, and received by the N.C. Division of Water
Quality (DWQ) on March 20, 2006. After reviewing your application, we have decided that the impacts
are covered by General Water Quality Certification Number(s) 3494 (GC3494). The Certification(s)
allows you to use General Permit(s) 197800125 when issued by the US Army Corps of Engineers
(USACE). This letter shall also act as your approved Authorization Certificate for impacts to the
protected riparian buffers per 15A NCAC 213 .0233. In addition, you should obtain or otherwise comply
with any other required federal, state or local permits before you go ahead with your project including
(but not limited to) Erosion and Sediment Control, Non-discharge, and other regulations. Also, this
approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in
your application shall expire upon expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H.0506 (h). This approval requires you to follow the conditions listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
401 Oversight/Express Review Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733.1786 /FAX 919-733-6893 /Internet: htto://h2o.enr.state.nc.us/ncwetlands
None Carolina
NatimallY
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41
Lake Benson Gravel Boat Launch
Page 2 of 3
March 30, 2006
Amount Approved (Units) Plan Location or Reference
Open Waters 0.02 (acres) PCN age 5 of 9
Buffers -Zone 1 200 (square feet) PCN page 8 of 9
2. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre-Construction Notification. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
3. Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
C. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that the
Division of Land Resources has released the project;
5. Protective Fencing - The outside buffer, wetland or water boundary and along the construction corridor
within these boundaries approved under this authorization shall be clearly marked with orange warning
fencing (or similar high visibility material) for the areas that have been approved to infringe within the
buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15A NCAC
213.0233 and GC 3404;
6. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon
expiration of the 404 or CAMA Permit.
401 Oversight/Express Review Unit
1650 Mail Service Center, Raleigh, North Carolina 27699.1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919.733-1786 /FAX 919-733-6893/ Internet: http://h2o.enr.state.nc.us/ncwetlands
None Carolina
Ntimally
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
P
•
Lake Benson Gravel Boat Launch
Page 3 of 3
March 30, 2006
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved
buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is
subject to review as provided in Articles 3 and 4 of G.S. 15013.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act and the Neuse riparian buffer protection rule as described within 15A NCAC 213 .0233. If you have
any questions, please telephone Cyndi Karoly at 919-733-1786.
Sincerely,
WK/cbklasc Alan W. Klimek, P.E.
A G?
Enclosures: GC 3494
Certificate of Completion
cc: USACE Raleigh Regulatory Field Office
Eric Kulz, DWQ Raleigh Regional Office
George J. Pesacreta, PhD; Ecological Consultants; 1014 Oxbow Crossing Rd; Chapel Hill, NC
27516
File Copy
Central Files
Filename: 060514LakeBensonGmvel BoatUunchArea( Wake)4O ] _NBR
401 Oversight/Express Review Unit
1650 Mail Service Center, Raleigh, North Carolina 27699.1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: 919-733-1786/ FAX 919-733-6893/ Internet: http://h2o.enr.state.nc.us/ncwetlands
NpvhCarolina
Naturally
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
20060514
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
Processing
1. Check all of the approval(s) requested for this project:
X Section 404 Permit X 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: 197800125
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 Carol
Coastal Management Area of Environn-lental Concern (see tl t? ?? D
for further details), check here: MAR 2' 0 2006
Applicant Information
DENR - WATER QUALITY
1. Owner/Applicant Information Vt7E ,11DSNO STORIA WATER ERAf"
Name: City of Raleioh (Contact:Ken Best)
Mailing Address: Public Utility Department
P.O. Box 590
Raleigh. NC 27602-0590
Telephone Number: 919-870-2870 Fax Number:
E-mail Address: ken.bestnci.raleiah.nc.us
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: George J. Pesacreta. Ph.D.
Company Affiliation: Ecoloizical Consultants
Mailing Address: 1014 Oxbow Crossing Road
Chanel Hill. NC 27516
Telephone Number: 919-969-0977 Fax Number:
E-mail Address: LeorLel2esacreta n.netzero.net
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.
Name of project: Lake Benson Gravel Boat Launch Area
T.I.P. Project Number or State Project Number (NCDOT Only): N/A
Property Identification Number (Tax PIN):
Location
County: Wake Nearest Town
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.):
Garner
Site coordinates, if available (UTM or Lat/Long):
(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.)
Property size (acres):
Nearest body of water (stream/river/sound/occan/lake): Lalce Benson
River Basin: Neuse
(Note - this must be one of North Carolina's seventeen designated major river
basins. The River Basin map is available at
httn://h?o.enr.state.nc.us/admin/maps/.)
Describe the existing conditions on the site and general land use in the vicinity of
the project at the time of this application:
Describe the overall project in detail, including the type of equipment to be used:
One truck load of gravel will be used in Lake Benson near the boat rental area
so trailer boats can be launched onto the lake.
Explain the purpose of the proposed work: The City of Raleigh will provide
the first boat launch area onto the lake.
Prior Project History
If jurisdictional determinations and/or permits have been requested and/or
obtained for this project (including all prior phases of the same subdivision) in the
past, please explain. Include the USACE Action ID Number, DWQ Project
Number, application date, and date permits and certifications were issued or
withdrawn. Provide photocopies of previously issued permits, certifications or
other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a
NCDOT project, list and describe permits issued for prior segments of the same
T.I.P. project, along with construction schedules.
N/A
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.
N/A
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 mitigation, list and describe the impact in Section
VIII below. If additional space is needed for listing or description, please attach a
separate sheet.
Provide a written description of the proposed impacts:
Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on map) Type of
Impact* Area
of
Impact
(acres) Located within
100-year
Floodplain**
(yes/no) Distance to
Nearest
Stream
(linear feet) Type of
Wetland*
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized
clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both
structure and flooding.
** 100-Year lloodplains are identified through the Federal Emergency Management Agency's (FERIA) 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 hup://w\?,r.icm,i.e
*** 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:
Total area of wetland impact proposed:
Individually list all intermittent and perennial stream impacts below:
Stream Impact
site Number
(indicate on map) Type of
Impact* Length of
Impact
linear
(
feet) Stream Name* Average
Width of
Stream
Before
Impact Perennial or
Intermittent?
(please specify)
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and
associated rip-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.
** 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.topozone.coin, www.manqucst.coin, etc.).
Cumulative impacts (linear distance in feet) to all streams on site:
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
Site Number
(indicate on map) Type of Impact* Area
of
Impact
(acres) Name of Waterbody (if
applicable) Type of Waterbody
(lake, pond, estuary,
sound, bay, ocean, etc.)
Gravel 0.002 Lake Benson Lake
T List cacn impact separately and identity temporary impacts. impacts include, but are not limited to: till,
excavation, dredging, flooding, drainage, bulkheads, etc.
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.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic,
trout pond, local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
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 tecluiiques to be followed during construction to reduce impacts.
Mitigation
DWQ - In accordance with 15A NCAC 2H.0500, mitigation may be required by
the NC Division of Water Quality for projects involving greater than or equal to
one acre of impacts to freshwater wetlands or greater than or equal to 150 linear
feet of total impacts to perennial streams.
USACE - In accordance with the Final Notice of Issuance and Modification of
Nationwide Permits, published in. the Federal Register on 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
littp://ii2o.enr.state.nc.us/newetl,inds/strm,,ide.litml.
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.
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 (919) 733-5208 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
<http://h2o.enr.state.nc.us/wrp/index.htm>. 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):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use
of public (federal/state) land?
X 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 (919) 733-5083 to review
current thresholds for environmental documentation.
Yes X 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
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 213
.0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250
(Randleman Rules and Water Supply Buffer Requirements), or other (please
identify Meuse
X 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 (square
feet) Multiplier Required
Mitigation
1 200 3
2 0 1.5
Total 200
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Zone 1 Zone 2
20' x 10'
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.
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.
No stormwater controls proposed.
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.
There will be no wastewater generated from this project.
Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any
Buffer Rules?
Yes X No
Is this an after-the-fact pen-nit application?
Yes X No
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).
-- l -: _6
Applicant/Abcnhs Sib?ature
Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
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