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HomeMy WebLinkAbout19990813 Ver 2_COMPLETE FILE_20060307E,cosystlpm PROGRAM RECEIPT John T. Michael, Project Manager The John R. McAdams Company, Inc. POB 14005 Research Triangle Park, NC 27709 Project: Cates Creek Sewer Outfall County: Orange F@20WI-41 MAY 3 0 2006 DENR -WATER QUALITY 1VETIANDS AND STORMygATER BRANCH May 17, 2006 DWQ #: 99-0813, Ver. 2 i\.l F 01 COE #: N/A The North Carolina Ecosystem Enhancement Program (NC EEP) has received a check in the amount of $50,889.60, check number 3, as payment for the compensatory mitigation requirements of the 401 Water Quality Certification and/or US Army Corps of Engineers 404 and/or Division of Coastal Management CAMA permit(s) issued for the above referenced project. This receipt serves as notification that the compensatory mitigation requirements accepted by NC EEP for this project have been satisfied. Please note that you must also comply with all other conditions of the certification/permit(s) including any additional mitigation conditions not accepted by NC EEP and any other state, federal or local government permits or authorization associated with this activity. The NC EEP, by acceptance of this payment, acknowledges that the NC EEP is responsible and agrees to provide the compensatory mitigation requirements as indicated in the table below. The mitigation will be performed in accordance with the Memorandum of Understanding between the NC Department of Environment and Natural Resources and the US Army Corps of Engineers dated November 4, 1998. Catalo in Wetlands (credits) Stream (credits) River Basin g g Unit Riparian Non- Riparian Coastal Marsh Cold Cool Warm Buffer (sq. ft.) Neuse 03020201 0 0 0 0 0 0 53,010 Please note that a payment made to the Ecosystem Enhancement Program is not reimbursable unless a request for reimbursement is received within 12 months of the date of the receipt. Any such request must also be accompanied by letters from the permitting agencies stating that the permit and/or authorization have been rescinded. If you have any questions or need additional information, please contact Chris Mankoff at (919) 716-1921. Sincerely,' Fa K. WYiD Gilmore, PE Director cc: Cyndi Karoly, Wetlands/401 Unit Monte Matthews, USACE - Raleigh Eric Kulz, DWQ Regional Office - Raleigh File 1z"toriog... 'E ... Protect, Dar Stu to !R ETlR North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net ?0F \ NA 11 91 ?0 v O i _(? Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality March 23, 2006 DWQ Project # 99-0813, Ver. 2 Orange County Mr. Eric Peterson Town of Hillsborough P.O. Box 429 Hillsborough, NC 27278 Subject Property: Town of Hillsborough - Cates Creek Sewer Cates Creek [030401, 27-2-8, C, NSW] 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. Peterson: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.108 acres of wetland (temporary impact), 639 linear feet of stream (temporary impact), and 34,393 square feet (ftz) of protected Zone 1 Neuse River basin riparian buffer and 42,760 square feet (ft) of protected Zone 2 Neuse River basin riparian buffer as described in your application dated March 7, 2006, and received by the Division of Water Quality (DWQ) on March 7, 2006, for the purpose of constructing the gravity sewer outfall. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3374 (GC3374). The Certification(s) allows you to use Nationwide Permit(s) NW 12 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 2B .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, and Non-discharge 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 Permitting 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 Nor hCarolina )aturally An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Town of Hillsborough Page 2 of 5 March 23, 2006 Amount Approved Units Plan Location or Reference 404 Wetland (temporary) 0.108 acres PCN page 4 of 12 Stream (temporary) 639 linear feet PCN page 4 of 12 Buffer - Zone 1 34,393 (square ft. PCN pages 8, 9, 10 of 12 Buffer - Zone 2 42,760 s uare ft. PCN pages 8, 9, 10 of 12 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 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. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP) Mitigation must be provided for the proposed impacts as specified in the table below. We understand that you wish to make a payment to the Wetlands Restoration Fund administered by the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has been determined by the DWQ to be a suitable method to meet the mitigation requirement. Until the EEP receives and clears your check (made payable to: DENR - Ecosystem Enhancement Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP should be contacted at (919) 733-5208 if you have any questions concerning payment into a restoration fund. You have one month from the date of this approval to make this payment. For accounting purposes, this Authorization Certificate authorizes payment into the Wetlands Restoration Fund to meet the following compensatory mitigation requirement: JP Town of Hillsborough Page 3 of 5 March 23, 2006 Impact Compensatory Mitigation Required River and Sub-basin Number Buffers 53,010 square feet Neuse - 03020201 6. 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; 7. Diffuse Flow (No Review) All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at non-erosive velocities through the protected stream buffers such that it will not re-concentrate before discharging into a stream as identified within 15A NCAC 2B .0233 (5). If this is not possible, it may be necessary to provide stormwater facilities that are considered to remove nitrogen. This may require additional approval from this Office. 8. Sewer Systems The project shall comply with 15A NCAC 2H .0219(i)(2)(G) and all other State, Federal and local sewer system regulations. 9. Construction Stormwater Permit NCG010000 Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued to the project. This General Permit allows stormwater to be discharged during land disturbing construction activities as stipulated by conditions in the permit. If your project is covered by this permit [applicable to construction projects that disturb one (1) or more acres], full compliance with permit conditions including the sedimentation control plan, self-monitoring, record keeping and reporting requirements are required. A copy of this permit and monitoring report forms may be found at http://h2o.enr.state.nc.us/su/Forms Documents.htm.; 10. 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. 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 Town of Hillsborough Page 4 of 5 March 23, 2006 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. 150B. 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 2B .0233. If you have any questions, please telephone Cyndi Karoly or Ian McMillan at 919-733-1786. AWK/ijm Enclosures: GC 3374 Certificate of Completion ih ere P G? Alan W. Klimek, P.E. cc: Sean Clark, Soil & Environmental Consultants, P.A., 11010 Raven Ridge Road, Raleigh, NC 27614 USACE Raleigh Regulatory Field Office Eric Kulz, DWQ Raleigh Regional Office DLR Raleigh Regional Office File Copy Central Files Filename: 990813 Ver2TOHillsboroughCatesCrkSewer(Orange)401 _NBR V2, C1? -os??3 Soil & Environmental Consultants, PA 11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467 www.SandEC.com March 7, 2006 S&EC Project # 4433.W3 To: US Army Corps of Engineers NC Division Of Water Quality Raleigh Regulatory Field Office 401 Oversight and Express Permits Unit Attn: Todd Tugwell Attn: Cyndi Karoly 6508 Falls of the Neuse Rd 2321 Crabtree Boulevard, Suite 250 Suite 120 Raleigh, NC 27604-2260 Raleigh, N.C. 27615 From: Sean Clark Soil & Environmental Consultants, P.A. 11010 Raven Ridge Road D Raleigh, NC 27614 MAP 7 ?pp? Re: Hillsborough Cates Creek Sewer Outfall A Hillsborough, Orange County, NC .tt??d;.r r d aft.?r On behalf of the owners, Town of Hillsborough (Attn: Eric r Peterson), please find attached a compete application and supplemental information requesting written concurrence from the U.S. Army Corps of Engineers (USACE) and the North Carolina Division of Water Quality (NC-DWQ) that the activities proposed below may proceed utilizing Nationwide Permit 12 and Water Quality Certification 3374 . In addition, written authorization from the NC-DWQ is requested for activities proposed to impact Neuse River B uffers. Please contact me at (919) 846-5900 if you have any questions or require additional information. PROJECT SUMMARY Project Name Hillsborough Cates Creek Sewer Outfall Project Type Sanitary Sewer Outfall Owner / Applicant Town of Hillsborough Count Orange Nearest Town Hillsborough Waterbod Name Cates Creek Basin / Sub-basin 03-04-01 Index Number 27-2-8 Class C; NSW IMPACT SUMMARY Stream Impact (acres): 0.209 Wetland Impact (acres): 0.108 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0.317 Total Stream Impact (linear feet): 639 Attachments: Pre-construction Notification (PCN) Application Form Agent Authorization USGS Vicinity Map Wake County Soil Survey Vicinity Map 401 Water Quality Certification-August 8, 1999 (DWQ Project #990813) 404 Nationwide Permit #12-November 3, 1999 (Action ID# 199921039 & 200020177) Detailed Impact Maps $475 Water Certification Fee Charlotte Office: Greensboro Office: 236 LePhillip Court, Suite C 3817-E Lawndale Drive Concord, NC 28025 Greensboro, NC 27455 Phone: (704) 720-9405 Phone: (336) 540-8234 Fax: (704) 720-9406 Fax: (336) 540-8235 Lll! __. r MAR i fG)(lC? WE1141V NR ?A i c:k iJ??l.t1l Office Use Only: WANCH Form Version March 05 USACE Action ID No. DWQ No. U 3-1 ? '? - D '(:>:' 1 -? (it 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: ® Section 404 Permit ® Riparian or Watershed Buffer Rules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ? Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 12 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 Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, 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: ? II. Applicant Information Owner/Applicant Information Name: Town of Hillsborough Mailing Address: Attn: Eric Peterson PO Box 429 Hillsborough NC 27278 Telephone Number: (919) 732-1270 Fax Number: E-mail Address: 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: Sean Clark Company Affiliation: Soil & Environmental Consultants, PA Mailing Address: _ 11010 Raven Ridge Road Raleigh NC 27614 Telephone Number: (919) 846-5900 Fax Number: (919)846-9467 E-mail Address: SClark(a-)SandEC.com Page 1 of 12 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: Hillsborough Cates Creek Sewer Outfall 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): N/A-linear project 4. Location County: Orange Nearest Town: Hillsborough Subdivision name (include phase/lot number): N/A Directions to site (include road numbers/names, landmarks, etc.): The sewer outfall corridor is located along Cates Creek on the north side of I-40 crossing over Old NC Highway 86 and connecting just north of I-85 and east of the North Carolina Railroad 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 36.0384 ON 79.0996 °W 6. Property size (acres): +/- 2.5 miles in length 7. Name of nearest receiving body of water: Cates Creek ( 27-2-8, C NSW) 8. River Basin: Neuse 03-04-01) (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 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 proposed corridor is primarily wooded. Propert y surrounding the corridor is also primarily wooded however existing residential subdivisions and existing individual residential lots are also in the area Page 2 of 12 10. Describe the overall project in detail, including the type of equipment to be used: The proposed project is the construction of a sanitary sewer outfall. Heavy machinery typically used for sanitary sewer outfalls will be used for this project. 11. Explain the purpose of the proposed work: The proposed sanitary sewer outfall will provide the Town of Hillsborough sanitary sewer service from existing sewer lines immediately north of I-85 south to 1-40 along Cates Creek. IV. 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. In 1999, 404 Nationwide Permit (Action I13#199921039 & 200020177) and a 401 Water Quality Certification (DWQ Project #990813) was issued for this sewer line The corridor permitted at this time had much greater impact to the streams wetlands and buffers than the currently proposed corridor. The wetlands and streams within and adjacent to the current corridor were delineated in February of 2005 and re-evaluated/surveyed in February 2006 to further avoid impacts. 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. The sewer line will provide service to existing homes in the area as well as undevel wed properties. If additional impacts are needed in the future they will be associated with individual lots or future projects. 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. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should 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 Page 3 of 12 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. 1. Provide a written description of the proposed impacts: The construction of the sanitary sewer outfall will result in only temporary impacts to jurisdictional features. The total of these temporary impacts will result in 442 LF of perennial stream 197 LF of intermittent stream and 0.108 acre of wetland impact. 2. Individually list wetland impacts. Types of 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. Wetland Impact Type of Wetland Located within Distance to Area of Site Number Type of Impact (e.g., forested, marsh , 100-year Nearest Impact (indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres) es/no) (linear feet Impact Area #8 Temporary-sanitary herbaceous yes 40 0.010 sewer Impact Area #12 Temporary-sanitary herbaceous yes 0 0.004 sewer Impact Area #18 Temporary-sanitary herbaceous yes 0 0.069 sewer Impact Area #20 Temporary-sanitary herbaceous yes 0 0.025 sewer Total Wetland Impact (acres) 0.108 3. List the total acreage (estimated) of all existing wetlands on the property: This project is a linear project and all property boundaries are within the sanitary sewer easement proposed therefore 0.108 acres of wetlands are the total amount of existing wetlands on property 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, 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. To calculate acreage, multiply length X width, then divide by 43,560. Stream Impact Perennial or Average Impact Area of Number Stream Name Type of Impact Stream Width Length Impact indicate on ma () Intermittent? Before Impact (linear feet) (acres) Impact Area #3 Cates Creek Temporary- i Perennial 125' 0.023 san tary sewer Impact Area #4 Cates Creek Temporary- Perennial 63' 0.023 sanitary sewer +/- 16' Impact Area #8 Cates Creek Temporary- Perennial 61' 0.028 sanitary sewer +/- 20' Impact Area #9 UT to Cates Creek Temporary- i Intermittent +/ 5' 79' 0.009 san tary sewer - Page 4 of 12 Impact Area #15 UT to Cates Creek Temporary- Intermittent +/- 23' 87' 0.046 sanitary sewer Impact Area #17 Cates Creek Temporary- Perennial +/- 14' 55' 0.018 sanitary sewer Impact Area #18 UT to Cates Creek Temporary- Perennial +/- 11' 49' 0.012 sanitary sewer Impact Area #19 UT to Cates Creek Temporary- Perennial +/- 18' 89' 0.037 sanitary sewer Impact Area #21 UT to Cates Creek Temporary- Intermittent +/- 18' 31' 0.013 sanitary sewer Total Stream Impact (by length and acreage) 639' 0.209 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dredging, flooding, drainage, bulkheads, etc. Open Water Impact Name of Waterbody Type of Waterbody Area of Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact (indicate on ma ocean, etc. (acres) N/A N/A N/A N/A N/A Total Open Water Impact (acres) N/A 6. List the cumulative impact to all Waters of the U.S. resulting from the project. Stream Impact (acres): 0.209 Wetland Impact (acres): 0.108 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0.317 Total Stream Impact (linear feet): 639 LF 7. Isolated Waters Do any isolated waters exist on the property? ? Yes ® No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. N/A 8. 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.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Page 5 of 12 Current land use in the vicinity of the pond: N/A Size of watershed draining to pond: N/A Expected pond surface area: N/A 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 surrounding property reviewed and delineated in order to plan a corridor that would avoid jurisdictional features to the maximum extent practicable. A majority of the proposed sanitary sewer outfall is to be constructed within existing residential properties just south of I-85 and along Old NC Highway 86 that have constraints such as existing buildings and homes In 1999, this project received a 404 and 401 (see history) and the project was never constructed since that time the proposed impacts to wetlands and streams have been minimized 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. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, 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 NCEEP 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 http://h2o.enr.state.nc.us/ncwetlands/stn-ngide.htini. 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) Page 6 of 12 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. All stream and wetland impacts proposed within this application are to be temporary, therefore mitigation is not being proposed. If however mitigation should be required the applicant would utilize the Ecosystem Enhancement Program Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): 0 Amount of buffer mitigation requested (square feet): 17,670 Amount of Riparian wetland mitigation requested (acres): 0 Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): 0 IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ? No 2. 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 ? No ? 3. 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. Page 7 of 12 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify Neuse )? Yes ® No ? If "yes", 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. Impact Area #1 Zone* Impact (square feet Multiplier Required Mitigation 1 746 3 (2 for Catawba) 2,238 2 7,121 1.5 N/A Total 7,867 2,238 Impact Area #2 Zone* Impact (square feet Multiplier Required Mitigation 1 382 3 (2 for Catawba) 1,146 2 5,091 1.5 N/A Total 5,473 1,146 Impact Area #3 Zone* Impact (square feet) Multiplier Required Mitigation 1 4,613 3 (2 for Catawba) 13,839 2 2,951 1.5 N/A Total 7,564 13,839 Impact Area #4 Zone* Impact (square feet) Multiplier Required Mitigation 1 3,653 3 (2 for Catawba) N/A 2 2,042 1.5 N/A Total 5,696 N/A Impact Area #5 Zone* Impact (square feet) Multiplier Required Mitigation 1 0 3 (2 for Catawba) N/A 2 1,210 1.5 N/A Total 1,210 N/A Im act Area #6 Zone* Impact (s uare feet) Multiplier Required Mitigation 1 0 3 (2 for Catawba) N/A 2 1,742 1.5 N/A Total 1,742 N/A Page 8 of 12 Impact Area #7 Zone* Impact (square feet Multiplier Required Mitigation 1 0 3 (2 for Catawba) N/A 2 922 1.5 N/A Total 922 N/A Impact Area #8 Zone* Impact (square feet) Multiplier Required Mitigation 1 3,075 3 (2 for Catawba) N/A 2 3,392 1.5 N/A Total 6,467 N/A Impact Area #9 Zone* Impact (square feet) Multiplier Required Mitigation 1 4,001 3 (2 for Catawba) N/A 2 2,488 1.5 N/A Total 6,489 N/A Impact Area #10 Zone* Impact (square feet) Multiplier Required Mitigation 1 1,640 3 (2 for Catawba) 4,920 2 6,150 1.5 N/A Total 7,807 4,920 Impact Area #11 Zone* Impact (square feet) Multiplier Required Mitigation 1 0 3 (2 for Catawba) N/A 2 24 1.5 N/A Total 24 N/A Impact Area #12 Zone* Impact (square feet) Multiplier Required Mitigation 1 0 3 (2 for Catawba) N/A 2 35 1.5 N/A Total 35 N/A Impact Area #13 Zone* Impact (square feet) Multiplier Required Miti ation 1 0 3 (2 for Catawba) N/A 2 177 1.5 N/A Total 177 N/A Page 9 of 12 Impact Area #14 Zone* Impact (square feet) Multiplier Required Mitigation 1 0 3 (2 for Catawba) N/A 2 132 1.5 N/A Total 132 N/A Impact Area #15 Zone* Impact (square feet) Multiplier Required Mitigation 1 4,185 3 (2 for Catawba) 12,555 2 1,887 1.5 N/A Total 6,072 12,555 Impact Area #16 Zone* Impact (square feet Multiplier Required Mitigation 1 0 3 (2 for Catawba) N/A 2 140 1.5 N/A Total 140 N/A Impact Area #17 Zone* Impact (square feet) Multiplier Required Mitigation 1 3,433 3 (2 for Catawba) 10,299 2 2,312 1.5 N/A Total 5,745 10,299 Impact Area #18 Zone* Impact (square feet Multiplier Required Mitigation 1 2,671 3 (2 for Catawba) 8,013 2 1,393 1.5 N/A Total 4,064 8,013 Im act Area #19 Zone* Impact (square feet Multiplier Required Mitigation 1 4,138 3 (2 for Catawba) N/A 2 2,294 1.5 N/A Total 6,432 N/A Impact Area #21 Zone* Impact (square feet) Multiplier Required Mitigation 1 1,856 3 (2 for Catawba) N/A 2 1,257 1.5 N/A Total 3,113 N/A 14 1 ?2-1 fiwp 2 "` Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. Page 10 of 12 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 213.0242 or.0244, or.0260. Riparian buffer mitigation is required for all parallel non-electric utility impacts within Zone 1 of the riparian buffer. This area totals 53,010 square feet (17,670 x 3 = 53,01Q) which would require $50,889.60 (53,010 x $ 96 = $50,889.60) of riparian buffer mitigation XI. Stormwater (required by DWQ) Describe impervious acreage (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. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. N/A-linear sanitary sewer project 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. This proposed sanitary sewer outfall project will be connecting to existing utilities 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. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ? No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: Although this proposed project anticipates additional development this proposed project is to service existing properties along Old NC Highway 86 and residential development immediate) south of interstate 85. XV. 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 Page 11 of 12 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). Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 U., u-t: -tItp 02/22/2003 11:52 FAX the Brough Law Firm (919)942-5742 p.2 Z002 Environmental Consultants, PA Road • Ralcigh, North Carolina 276)4 • Phone: (919) 646.5900 • Fax: (919) 846-9467 www.SandEC.com AGENT AUTHORIZATION FORM All Blanks To Bt: Filled In By The Applicant Name: Town of Hillsborough, North Carolina Address: PO Box 429, Hi ] 1 sborough, NC 27278 Phone: _ (919) 732-1270 Project Name/ Description: H,-*I J5 hc-vb-j,,L C&e s C y ct.?- S we Date: March 4, 2005 The Department of the Army US. Army Corps of Engineers, Wilmington District P.O. Box 1890 Wilmington, NC 28402 Attn: -- '7-0-dd %lW-l Field Office: a (? Re: Wetlands Related Consulting end Permitting To Whom It May Concern: I, the applicant, hereby designate and authorize Soil & Environmental Consultants, PA to act in my behalf as my agent in the processing of permit applications, to furnish upon request supplemental information in support of applications, etc. froxn this day forward. The 4T.h - day of March, 2005 This notification supersedes any previous correspondence concerning the agent for this project. NOTICE: This authorization, f,)r liability and professional courtesy reasons, is valid only for government officials to enter the I?roperty when accompanied by S&EC staff. You should calf S&EC to arrange a site meeting prior to,& isiting the site. Town of Hillsborough Print Applicant's Name 4Apvpcant"s Signature Eric Peterson, Town Manager cc: Mr. John Domey cc: Mr. Sean Clark NCDFNR - DWQ Soil & Environmental Consultants, PA 2321 Crabtree Boulevard lWeiRh, NC 27604 Darintte Office: (3reensbotn O cc: Hie W od4k 236 LePhillip Court, Suite. C 3817-E Lawndak Drive 622 Coon Mountain Lane Concord, NC 28025 Greensboro, NC 27455 Taylors?iifc, NC 28681 Phone: (704) 120-9405 phone: (336) 540-8234 Phone (828) 635-5820 Fain: (704) 710-9406 Fax: (336) 540-8235 FMn: (828) 635.5920 O a 2N' 01, J 6P Toe Protect No. hcgure 2 - U5G5 4433.W3 Topographic Quadrangle Project Mgr.: hjll5borough Cates Creek 5C Sewer Outfall • Soil & Environmental Consultants, PA John R. McAdams Company, Inc 11010 Raven Ridge Rd.- Raleigh, NC 27614 5cale: Orange County, NC (919) 846-5900 r (919) 846-9467 Web Page: www.SsndEC.=n 1:2,000 02/27/06 Orange County Soil 5urvey State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Kerr T. Stevens, Director 4 0 • Alddft N NCDE R NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES August 8. 1999 Orange County DWQ Project # 990813 Approval of 401 Water Quality Certification Town of Hillsborough PO Box 429 Hillsborough, NC 27278 Dear Sirs: You have our approval, in accordance with the attached conditions, to place fill material in 1.0 acre of water for the purpose of installing a sewer line, as you described in your application dated July 26, 1999. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification number- 3108. This Certificate allows you to use Nationwide Permit Number 26 when the Corps of Engineers issues it. This Certification is also covered by Neuse River Buffer Rules. In addition, you should get any other federal, state or local permit before you go ahead with your project including (but not limited to) Sediment and Erosion, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 or CAMA expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and 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 wit all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensato miti ation may be required as described in 15A NCAC 2H.0506(h). For this approval to be valid ry g , you must follow the conditions listed in the attached Certification. This approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General Certification. If you do not accept any of the conditions of this Certification, 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 Statues to the Office of Administrative Hearings, PO Box 27447, Raleigh, NC 27611-7447. This Certification and its conditions are final and binding unless you ask for hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Act. If you have any questions, please telephone John Donley at 919-733-9646. Water Sincerely, err T'. Stevrns Enviro Division of Water Quality • Environmental Sciences Branch . Scien ces Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper U.S. ARMY CORPS OF ENGINEERS Wilmington District Action Ill: 199921039 & 200020177 _ County: OranjZe GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner Town of Hillsborough Attn: Eric Peterson Address Post Office Box 429 Hillsborough NC 27278 Telephone Number 919-732-2104 Authorized Agent Finkbeiner, Pettis & Stout Inc. Attn: David Hamilton Address One Centerview Drive Greensboro, NC 27407 Telephone Number 336-292-2271 Size and Location of Property (waterbod , Highway name/number, town, etc.): The project is located along Cates Creek in the Neuse River Basin, south of Interstate 85 to Interstate 40, in Hillsborough, Orange County, North Carolina. The site is adjacent to Cates Creek, above headwaters, in the Neuse River Basin. Description of Activity: This permit authorizes mechanized landclearing, excavation, the installation of sewer pipes, and the placement of fill associated with the construction of Cates Creek Sewer Extension. Temporary impacts to wetlands and waters authorized by this permit include 0.46 acre of clearing and 0.07 acre of excavation and backfill under NWP 12 (AID 199921039), and 0.01 acre of impact for the placement of riprap for temporary crossings under NWP 33 (AID 200020177). Stream banks impacted by sewer installation or temporary access fords must be restored to original grade and stabilized immediately following completion of the activity. Applicable Law: X Section 404 (Clean Water Act, 33 USC 1344) only. Section 10 (River and Harbor Act of 1899) only. Authorization: Regional General Permit Number 12 & 33 Nationwide Permit Number Any violation of the conditions of the Regional General or Nationwide Permit referenced above may subject the permittee to a stop work order, a restoration order, and/or appropriate legal action. This Department of the Army Regional General Permit or Nationwide Permit verification does not relieve the permittee of the responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and local agencies before beginning work. If you have any questions regarding the Corps of Engineers regulatory program, please contact Todd Tugwell at telephone number- (919) 876 - 8441 extension 26 Regulatory Project Manager Signatu Date November 3 1999 Expiration Date November 3, 2001 SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC., MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. CF: Orange County Planning & Inspections 4?/ S,?pRE v°BV? y ?ApA /'.. oo SHEET 8 SHEET 7 SEWER VICINITY MAP NOT TO SCALE CULVERT HEET 6 Dg?VE S E EDGE OF TER L CATED I/ EDGE OF LOCAT D 10/08/041 - - SE AS ENT ? CATES CREEK K !•??, CATES CREEK Q SEWER OUTFALL SHEET 4 -- F?? ,oOq TOP OF BANK \ \.I ((V f0 BANK . ,yj? SEWER EASEME ` ,,- HEET 3 1.?, -If r I 1 ?rl, f a SI ;2 TOP OF BANK 1 I x 1 A I rn 3) 30" RCP. I u TOP OF BANK " RCP 48 48' RCP `TOP OF BANK (PREVOUSLY LOC D) MOREN TRACT SE OUTFALL ? SEWER EASEMENT SHEET 9 TOP OF BANK P6 0 C I ? V O ilU COMMUNITY COLLEGE TOP OF BANK !ry'.?;? ^ t (PREVIOUSLY LOCATED) 77,I ? `j?^JV\i GRAPHIC SCALE rm r 600 0 300 600 1200 r C=p n -? CC" I inch = 600 ft. PROJECT NO. STF-05000 FILENAME: E W A T E R S T 0 N E TMP0440000- X1 d SCALE: 1"=600' IMPACT EXHIBIT l DATE: HILLSBOROUGH, NORTH CAROLINA 02-23-06 1 OF 9 THE JOHN R. McADAMS COMPANY, INC. ENGINEERS/PLANNERS/SURVEYORS RESEARCH TRIANGLE PARK, NC P.O. BOX 14005 ZIP 27709-4005 (919) 361-5000 PROJECT NO. STF-05000 7 ?/AT ERST 0?lE THE JOHN R. McADAMS' INC NICOMPANY HLENAME: 04000-EX1 . , C SCALE: 1 "=100, IMPACT EXHIBIT ENGINEERS/PLANNERS/SURVEYORS RESEARCH TRIANGLE PARK, NC ZIP 27908-4005 R 1 DATE: HILLSBOROUGH, NORTH CAROLINA ? 02-23-06 2 OF 9 (g g) 981 6000 fil PROJECT NO. STF-05000 THE JOHN R. McADAMS COMPANY, INC. FILENAME : TMP04000-EX1 W A T E R S T O N E 11 A SCALE: I M P A CT E X H I B T ENGINEERS/PLANNERS/SURVEYORS i"=100, RESEARCH TRIANGLE PARK, NC HILLSBOROUGH, NORTH CAROLINA P.O. BOX 14005 ZIP 27709-4005 1/j DATE: 02-23-06 3 OF 9 (919) 901-5000 PROJECT NO. s 5000 \ THE JOHN R. McADAMS M FILENAME: ?/ A T E R S T 0 i? E INC COMPANY TMP0400o-Ex1 . , d SCALE: i "= 100 IMPACT EXHIBIT ENGINEERS/PLANNERS/SURVEYORS - RESEARCH TRIANGLE PARK, NC r HATE: HILLSBOROUGH, NORTH CAROLINA P.O. BOX 14005 ZIP 27709-4005 02-23-06 4 OF 9 (919) 301-5000 PROJECT NO. STF-05000 T E R T , THE JOHN R. McADAMS FILENAME: W A S O N E COMPANY INC TMP04000-EX1 , . d SCALE: ?"=goo' IMPACT EXHIBIT ENGINEERS/PLANNERS/SURVEYORS 9 c RESEARCH TRIANGLE PARK, NC C /J DATE: HILLSBOROUGH, NORTH CAROLINA ?sooo ZIP 29709-4005 ( ? R O2-Z3-O6 6 OF 9 , e s) ael PROJECT NO, STF-05000 THE JOHN R. McADAMS FILENAME: TMP04000-EX1 W A T E R S T O N E ACOMPANY, INC. I ENGINEERS/PLANNERS/SURVEYORS n IMPACT EX d SCALE: i "_ l 00? HILLSBOROUGH, NORTH CAROLINA RESEARCH TRIANGLE PARK, NC 00150 0 ZIP 27709-4005 4 P.O. 1 (n DATE: (919) 02-23-06 5 OF 9 PROJECT NO. o ° FATHE JOHN R. McADAMS' FILENAME WATERSTON E COMPANY, INC. : TMPO4a, d SCALE: ENGINEERS/PLANNERS/SURVEYORS i"=ioo, IMPACT EXHIBIT RESEARCH TRIANGLE PARK, NC DATE: 02-23-06 7 OF g HILLSBOROUGH, NORTH CAROLINA P.O. BOX 14005 ZIP 27709-4005 I IMPACT AREA #18 NEUSE BUFFER DISTURBANCE: ZONE 2 = 1,393 SF. (0.03 AC.) ZONE 1 = 2,671 SF. (0.06 AC.) TOTAL NEUSE BUFFER DISTURBANCE = 4,064 SF. (.09 AC.) LENGTH OF IMPACTED CHANNEL = 49 LF. AVERAGE STREAM WIDTH = 10.8 FT. (APPROX.) WETLANDS AREA OF DISTURBANCE 3,014 SF (0.07 AC.) TOP OF BANK ( TYP. ) IMPACT AREA #17 NEUSE BUFFER DISTURBANCE: ZONE 2 = 2,312 SF. (0.05 AC.) ZONE 1 = 3,433 SF. (0.08 AC.) TOTAL NEUSE BUFFER ?? DISTURBANCE = 5,745 SF. (0.13 AC.) LENGTH OF IMPACTED CHANNEL = 55 LF. }'20? AVERAGE STREAM WIDTH ?o' = 14.0 FT. (APPROX.) 10' TEMPORARY i? CONSTRUCTION EASEMENT i i CATES CRE EK SANITARY SEWER OUT FALL 30' PUBLIC SANITARY SEWER EASEMENT \ 0 \ \ \ \ 20' TEMPORARY CONSTRUCTION \ EASEMENT \ 30' PUBLIC SANITARY SEWER EASEMENT i 10' TEMPORARY CONSTRUCTION EASEMENT WETLANDS (TYP.) o? TOP OF BANK (TYP.) 50' NEUSE RIVER RIPARIAN BUFFER (MEASURED 50' FROM TOP OF BANK EACH SIDE) too UvV ?o J I ? GRAPHIC SCALE 100 0 50 100 200 1 inch = 100 ft. ® PROJECT-05000 THE JOHN R. McADAMS FILENAME: TMP04000-EX1 W A T E R S T O N E --? COMPANY, INC. a ENGINEERS/PLANNERS/SURVEYORS C7 SCALE: 1"=100' IMPACT EXHIBIT RESEARCH TRIANGLE PARK, NC DATE: 02-23-06 8 OF 9 HILLSBOROUGH, NORTH CAROLINA (9191R3e1-5000 ZIP 27709-4005 a d a PROJECT NO. STF-05000 FILENAME: TMP04000-EX1 SCALE: 1 "=l 00 DATE: 02-23-06 9 OF 9 WATERSTON E IMPACT EXHIBIT HILLSBOROUGH, NORTH CAROLINA Il THE JOHN R. McADAMS COMPANY, INC. ENGINEERS/PLANNERS/SURVEYORS RESEARCH TRIANGLE PARK, NC P.O. BOX 14005 ZIP 27709-4005 (919) 361-5000 Soil & Environmental Consultants, PA 11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: (919) 846-5900 • Fax: (919) 846-9467 www.SandEC.com March 7, 2006 S&EC Project # 4433.W3 To: US Army Corps of Engineers NC Division Of Water Quality Raleigh Regulatory Field Office 401 Oversight and Express Permits Unit Attn: Todd Tugwell Attn: Cyndi Karoly 6508 Falls of the Neuse Rd . 2321 Crabtree Boulevard, Suite 250 Suite 120 r-- , Raleigh, NC 27604-2260 Raleigh, N.C. 276 i5 C = ("" __ From: Sean Clark D Soil & Environmental Consultants, P.A. N'I F? tt 7 2006 11010 Raven Ridge Road Raleigh, NC 27614 DENR - WATER QUALITY 4 ANB 4TR WATr-R RRkWA Re: Hillsborough Cates Creek Sewer Outfall Hillsborough, Orange County, NC On behalf of the owners, Town of Hillsborough (Attn: Eric Peterson), please find attached a complete application and supplemental information requesting written concurrence from the U.S. Army Corps of Engineers (USACE) and the North Carolina Division of Water Quality (NC-DWQ) that the activities proposed below may proceed utilizing Nationwide Permit 12 and Water Quality Certification 3374. In addition, written authorization from the NC-DWQ is requested for activities proposed to impact Neuse River Buffers. Please contact me at (919) 846-5900 if you have any questions or require additional information. PROJECT SUMMARY Project Name Hillsborough Cates Creek Sewer Outfall Project Type Sanitary Sewer Outfall Owner / Applicant Town of Hillsborough Count Orange Nearest Town Hillsborough Waterbod Name Cates Creek Basin / Sub-basin 03-04-01 Index Number 27-2-8 Class C; NSW IMPACT SUMMARY Stream Impact (acres): 0.209 Wetland Impact (acres): 0.108 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0.317 Total Stream Impact (linear feet): 639 Attachments: Pre-construction Notification (PCN) Application Form Agent Authorization USGS Vicinity Map Wake County Soil Survey Vicinity Map 401 Water Quality Certification-August 8, 1999 (DWQ Project #990813) 404 Nationwide Permit #12-November 3, 1999 (Action ID# 199921039 & 200020177) Detailed Impact Maps $475 Water Certification Fee Charlotte Office: Greensboro Office: 236 LePhillip Court, Suite C 3817-E Lawndale Drive Concord, NC 28025 Greensboro, NC 27455 Phone: (704) 720-9405 Phone: (336) 540-8234 Fax: (704) 720-9406 Fax: (336) 540-8235 Eg@ Q ., 71106 Office Use Only: Form Version March 05 DENk - `J6'ATr:;k QuHLiI"? USACE Action ID No. MDWQ No. FL NCH y (? C ?) (if any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing 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 ? Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 12 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 Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, 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: ? II. Applicant Information 1. Owner/Applicant Information Name: Town of Hillsborough Mailing Address: Attn: Eric Peterson PO Box 429 Hillsborough NC 27278 Telephone Number: (919) 732-1270 Fax Number: E-mail Address: 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: Sean Clark Company Affiliation:_ _ Soil & Environmental Consultants, PA Mailing Address: 11010 Raven Ridge Road Raleigh NC 27614 Telephone Number: (919) 846-5900 Fax Number: (919)846-9467 E-mail Address: SClarkna SandEC.com Page 1 of 12 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: Hillsborough Cates Creek Sewer Outfall 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): N/A-linear project 4. Location County: Orange Nearest Town: Hillsborough Subdivision name (include phase/lot number): N/A Directions to site (include road numbers/names, landmarks, etc.): The sewer outfall corridor is located along Cates Creek, on the north side of I-40 crossing over Old NC Highway 86 and connecting just north of I-85 and east of the North Carolina Railroad 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 36.0384 °N 79.0996 °W 6. Property size (acres): +/- 2.5 miles in length 7. Name of nearest receiving body of water: Cates Creek (27-2-8, C NSW) 8. River Basin: Neuse 03-04-01) (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/mgps)/.) 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 proposed corridor is primarily wooded. Propert y surrounding the corridor is also primarily wooded however existing residential subdivisions and existing individual residential lots are also in the area. Page 2 of 12 10. Describe the overall project in detail, including the type of equipment to be used: The proposed project is the construction of a sanitary sewer outfall. Heavy machinery typically used for sanitary sewer outfalls will be used for this roject. 11. Explain the purpose of the proposed work: The proposed sanitary sewer outfall will provide the Town of Hillsborough sanitary sewer service from existing sewer lines immediately north of I-85 south to I-40 along Cates Creek. IV. 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. In 1999, 404 Nationwide Permit (Action ID#199921039 & 200020177) and a 401 Water Ouality Certification (DWQ Project #990813) was issued for this sewer line The corridor permitted at this time had much greater impact to the streams wetlands and buffers than the currently proposed corridor. The wetlands and streams within and adjacent to the current corridor were delineated in February of 2005 and re-evaluated/surveyed in February 2006 to further avoid impacts. 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. The sewer line will provide service to existing homes in the area as well as undeveloped properties. If additional impacts are needed in the future they will be associated with individual lots or future projects. 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. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should 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 Page 3 of 12 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. 1. Provide a written description of the proposed impacts: The construction of the sanitary sewer outfall will result in only temporary impacts to jurisdictional features The total of these temporary impacts will result in 442 LF of perennial stream 197 LF of intermittent stream and 0.108 acre of wetland impact. 2. Individually list wetland impacts. Types of 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. Wetland Impact Type of Wetland Located within Distance to Area of Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact (indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres) (yes/no) (linear feet) Impact Area #8 Temporary-sanitary herbaceous yes 40 0.010 sewer Impact Area #12 Temporary-sanitary herbaceous yes 0 0.004 sewer Impact Area #18 Temporary-sanitary herbaceous yes 0 0.069 sewer Impact Area #20 Temporary-sanitary herbaceous yes 0 0.025 sewer Total Wetland Impact (acres) 0.108 3. List the total acreage (estimated) of all existing wetlands on the property: This project is a linear project and all property boundaries are within the sanitary sewer easement proposed therefore 0.108 acres of wetlands are the total amount of existing wetlands on property. 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, 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. To calculate acreage, multiply length X width, then divide by 43,560. Stream Impact Perennial Average Impact Area of Number Stream Name Type of Impact Intermittent ? Stream Width Length Impact indicate on ma) . Before Impact (linear feet) (acres) Impact Area #3 Cates Creek Temporary- sanitary sewer Perennial +/- 8' 125' 0.023 Impact Area #4 Cates Creek Temporary- Perennial 63' 0.023 sanitary sewer +/- 16' Impact Area #8 Cates Creek Temporary- Perennial 61' 0.028 sanitary sewer +/- 20' Impact Area #9 UT to Cates Creek Temporary- i Intermittent +/- 5' 79' 0.009 san tary sewer Page 4 of 12 Impact Area #15 UT to Cates Creek Temporary- Intermittent +/- 23' 87' 0.046 sanitary sewer Impact Area #17 Cates Creek Temporary- Perennial +/- 14' 55' 0.018 sanitary sewer Impact Area #18 UT to Cates Creek Temporary- Perennial +/- 11' 49' 0.012 sanitary sewer Impact Area #19 UT to Cates Creek Temporary- Perennial +/- 18' 89' 0.037 sanitary sewer Impact Area #21 UT to Cates Creek Temporary- Intermittent +/- 18' 31' 0.013 sanitary sewer Total Stream Impact (by length and acreage) 639' 0.209 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dredging, flooding, drainage, bulkheads, etc. Open Water Impact Name of Waterbody Type of Waterbody Area of Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact (indicate on ma ocean, etc.) (acres) N/A N/A N/A N/A N/A Total Open Water Impact (acres) N/A 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Im act (acres): 0.209 Wetland Impact (acres): 0.108 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0.317 Total Stream Impact (linear feet): 639 LF 7. Isolated Waters Do any isolated waters exist on the property? ? Yes ® No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. 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.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Page 5 of 12 Current land use in the vicinity of the pond: N/A Size of watershed draining to pond: N/A Expected pond surface area: N/A 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 surrounding property was reviewed and delineated in order to plan a corridor that would avoid jurisdictional features to the maximum extent practicable. A majority of the proposed sanitary sewer outfall is to be constructed within existing residential properties just south of I-85 and along Old NC Hi hway 86 that have constraints such as existing buildings and homes In 1999, this project received a 404 and 401 (see history) and the project was never constructed since that time the proposed impacts to wetlands and streams have been minimized 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. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, 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 NCEEP 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 http://h2o.enr.state.nc.us/ncwetlands/stn-ngide.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) Page 6 of 12 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. All stream and wetland impacts proposed within this application are to be temporary therefore mitigation is not being proposed. If however mitigation should be required the applicant would utilize the Ecosystem Enhancement Program. 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): 0 Amount of buffer mitigation requested (square feet): 17,670 Amount of Riparian wetland mitigation requested (acres): 0 Amount of Non-riparian wetland mitigation requested (acres): 0 Amount of Coastal wetland mitigation requested (acres): 0 IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ? No 2. 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 ? No ? 3. 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. Page 7 of 12 L Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify Neuse )? Yes ® No ? 2. If "yes", 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. Imnact Area #1 Zone* Impact (square feet) Multiplier Required Mitigation 1 746 3 (2 for Catawba) 2,238 2 7,121 1.5 N/A I Total 7,867 2,238 Imnact Area 92 Zone* Impact (square feet Multiplier Required Mitigation 1 382 3 (2 for Catawba) 1,146 2 5,091 1.5 N/A Total 5,473 1,146 Impact Area #3 Zone* Impact (square feet) Multiplier Required Mitigation 1 4,613 3 (2 for Catawba) 13,839 2 2,951 1.5 N/A Total 7,564 13,839 Imnact Area 04 Zone* Impact (square feet) Multiplier Required Mitigation 1 3,653 3 (2 for Catawba) N/A 2 2,042 1.5 N/A Total 5,696 N/A Imnact Area #5 Zone* Impact (square feet) Multiplier Required Mitigation 1 0 3 (2 for Catawba) N/A 2 1,210 1.5 N/A Total 1,210 N/A Imnact Area #6 Zone* Impact (square feet Multiplier Required Mitigation 1 0 3 (2 for Catawba) N/A 2 1,742 1.5 N/A Total 1,742 N/A Page 8 of 12 Impact Area #7 Zone* Impact (square feet) Multiplier Required Mitigation 1 0 3 (2 for Catawba) N/A 2 922 1.5 N/A Total 922 N/A Impact Area #8 Zone* Impact (square feet) Multiplier Required Mitigation 1 3,075 3 (2 for Catawba) N/A 2 3,392 1.5 N/A Total 6,467 N/A Impact Area #9 Zone* Impact (square feet) Multiplier Required Mitigation 1 4,001 3 (2 for Catawba) N/A 2 2,488 1.5 N/A Total 6,489 N/A Impact Area #10 Zone* Impact (square feet) Multiplier Required Mitigation 1 1,640 3 (2 for Catawba) 4,920 2 6,150 1.5 N/A Total 7,807 4,920 Impact Area #11 Zone* Impact (square feet) Multiplier Required Mitigation 1 0 3 (2 for Catawba) N/A 2 24 1.5 N/A Total 24 N/A Impact Area #12 Zone* Impact (square feet) Multiplier Required Miti ation 1 0 3 (2 for Catawba) N/A 2 35 1.5 N/A Total 35 N/A Impact Area #13 Zone* Impact (square feet) Multiplier Required Mitigation 1 0 3 (2 for Catawba) N/A 2 177 1.5 N/A Total 177 N/A Page 9 of 12 Impact Area #14 Zone* Impact (square feet) Multiplier Required Mitigation 1 0 3 (2 for Catawba) N/A 2 132 1.5 N/A Total 132 N/A Impact Area #15 Zone* Impact (square feet) Multiplier Required Mitigation 1 4,185 3 (2 for Catawba) 12,555 2 1,887 1.5 N/A Total 6,072 12,555 Impact Area #16 Zone* Impact (square feet Multiplier Required Mitigation 1 0 3 (2 for Catawba) N/A 2 140 1.5 N/A Total 140 N/A Impact Area #17 Zone* Impact (square feet) Multiplier Required Mitigation 1 3,433 3 (2 for Catawba) 10,299 2 2,312 1.5 N/A Total 5,745 10,299 Impact Area #18 Zone* Impact (square feet) Multiplier Required Mitigation 1 2,671 3 (2 for Catawba) 8,013 2 1,393 1.5 N/A Total 4,064 8,013 Im act Area #19 Zone* Impact (square feet) Multiplier Required Mitigation 1 4,138 3 (2 for Catawba) N/A 2 2,294 1.5 N/A Total 6,432 N/A Im act Area #21 Zone* Impact (square feet) Multiplier Required Mitigation 1 1,856 3 (2 for Catawba) N/A 2 1,257 1.5 N/A Total 3,113 N/A Zone t extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. Page 10 of 12 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or.0244, or .0260. Riparian buffer mitigation is required for all parallel non-electric utility impacts within Zone 1 of the riparian buffer. This area totals 53,010 square feet (17,670 x 3 = 53,01Q) which would require $50,889.60 (53,010 x $.96 = $50,889.60) of riparian buffer mitigation XI. Stormwater (required by DWQ) Describe impervious acreage (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. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. N/A-linear sanitary sewer project 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. This proposed sanitary sewer outfall project will be connecting to existing utilities 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. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ? No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: Although this proposed project anticipates additional development this proposed project is to service existing properties along Old NC Highway 86 and residential development immediately south of interstate 85. XV. 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 Page 11 of 12 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). Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 U.J u -t: -t -tp 02/22/2005 11:52 FAX the Brough Law Firm (919)942-5742 p.2 14 002 Environmental Consultants, PA Road • Ralcieh, Nortb Catolina 27614 • Phone: (919) 846.5900 • Fax: (919) 846.9467 www.sandEc.com AGENT AUTHORIZATION FORM All Blanks To Bt Filled In By The, Ap l1R 'Cant Name: Town of Hillsborouqh, North Carolina Address: PO Box 429, Hi 11 sb?rouah, NC 2727 Phone: _ (919) 732-1270 Project Name/ Description: ,, I 15h c.Kt?vcj . ?GviGS C y ce.k S ?? ( Y - ? Date: March 4, 2005 The Department of the Army U.S. Army Corps of Engineers, Wilmington District P.O. Box 1890 Wilmington, NC 28402 Attn: --- <)d i f1klej I - Field Office: a (? Re: Wetlands Related Consulting imd Permitting To Whom It May Concern: I, the applicant, hereby designate and authorize Soil & Environmental Consultants, PA to act in my behalf as my agent in the processing of permit applications, to furnish upon request supplemental information m support of applications, etc. from this day forward. The 4th day of March, 2005 This notification supersedes any p>evious correspondence concerning the agent for this project. NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for government officials to enter the •?roperty when accompanied by S&EC staff. You should call S&EC to arrange a site meeting prior to.isiting the site. Town of Hillsborough Print Applicant's Name App cant's Signature T Eric Peterson, Town Manaqer cc: Mr. John Dorney cc: Mr. Scan Clark NCDFNR - DWQ Soil 6c Environmental Consultants, PA 2321 Crabtree Boulevard Raleigh, NC, 27604 Charlotte Office: omenstrm o$ t; Hie H o£tiec: 236 LePhillip Court, Suite. C 3817-E Luwndale Drive 622 Coon Mountain Line Concord, NC 28025 Greensboro, NC 27455 Tayloos illc, NC 28691 Phone: (704) 720-9405 phone: (336)540.8234 Phone (826) 635-5820 Fax: (704) 720-9406 Fax: (336) 540.8235 Fan: (829) 635.5920 State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Kerr T. Stevens, Director N C D NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES August S. 1999 Orange County DWQ Project # 990813 Approval of 401 Water Quality Certification Town of Hillsborough PO Box 429 Hillsborough, NC 27278 Dear Sirs: You have our approval, in accordance with the attached conditions, to place fill material in 1.0 acre of water for the purpose of installing a sewer line, as you described in your application dated July 26, 1999. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification number 3108. This Certificate allows you to use Nationwide Permit Number 26 when the Corps of Engineers issues it. This Certification is also covered by Neuse River Buffer Rules. In addition, you should get any other federal, state or local permit before you go ahead with your project including (but not limited to) Sediment and Erosion, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 or CAMA expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and 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 wit all conditions. If total wetland I'ills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506(h). For this approval to be valid, you must follow the conditions listed in the attached Certification. This approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General Certification. If you do not accept any of the conditions of this Certification, 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 Statues to the Office of Administrative Hearings, PO Box 27447, Raleigh, NC 2761 1-7447. This Certification and its conditions are final and binding unless you ask for hearing. This letter- completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-9646. Sincerely, Iva rerr; Stevens Division of Water Quality • Environmental Sciences Branch Enviro. Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper U.S. ARMY CORPS OF ENGINEERS Wilmington District Action ID: 199921039 & 200020177 County: _ Oran GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner Town of I-lillsboroueh Attn: Eric Peterson Address Post Office Box 429 Hillsborough NC 27278 Telephone Number 919-732-2104 Authorized Agent Finkbeiner, Pettis & ,Stout, Inc. Attn: David Hamilton Address One Centerview Drive Greensboro, NC 27407 Telephone Number 336-292-2271 Size and Location of Property (waterbody, Highway name/number, town, etc.): The project is located along Cates Creek in the Neuse River Basin, south of Interstate 85 to Interstate 40, in Hillsborough, Orange County, North Carolina. The site is adjacent to Cates Creek, above headwaters, in the Neuse River Basin. Description of Activity: This permit authorizes mechanized landclearing, excavation, the installation of sewer pipes, and the placement of fill associated with the construction of Cates Creek Sewer Extension. Temporary impacts to wetlands and waters authorized by this permit include 0.46 acre of clearing and 0.07 acre of excavation and backfill under NWP 12 (AID 199921039), and 0.01 acre of impact for the placement of riprap for temporary crossings under NWP 33 (AID 200020177). Stream banks impacted by sewer installation or temporary access fords must be restored to original grade and stabilized immediately following completion of the activity. Applicable Law: X Section 404 (Clean Water Act, 33 USC 1344) only. Section 10 (River and Harbor Act of 1899) only. Authorization: Regional General Permit Number 12 & 33 Nationwide Permit Number Any violation of the conditions of the Regional General or Nationwide Permit referenced above may subject the permittee to a stop work order, a restoration order, and/or appropriate legal action. This Department of the Army Regional General Permit or Nationwide Permit verification does not relieve the permittee of the responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and local agencies before beginning work. If you have any questions regarding the Corps of Engineers regulatory program, please contact Todd Tugwell at telephone number- (919) 876 - 8441 extension 26 Regulatory Project Manager Signature Date November 3, 1999 Expiration Date November 3, 2001 SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC., MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. CF: Orange County Planning & Inspections VICINITY MAP NOT TO SCALE SHEET 7 o r C( w 1V_ Z. (n SEWER EASEMENT ?... ,/ ( i CULVERT . O CE DRIVE i, EET 6 EDGE EVE l ST OR ?„''// ? ;?J E EDGE OF TER L CATEO 1 /OB 10/OB/041\ STOP OF BANK CATES CREEK SHEET 4 TOP OF BANK JI 0 BANK SEWER EASEME HEET 3 CATES CREEK SEWER OUTFALL c????a POg 1 TOP OF BANK (PREVIOUSLY LOC 0) MOREN TRACT SE OUTFALL SEWER EASEMENT \\L\?I SHEET 9 ll ??j ` •I r I .,r 1 1 0 S ! !2 ?. 11 n I TOP OF BANK II 1 ? 1 I I T (3) 30" RCP. I TOP OF BANK `•?iJ'' /N..:'.'„ 48" RCP ?? ?.?......... ./,'......:`. \._.. :;.z:..` ? ? y...?/:/ 4B' PCP ....._.. ?_..... ?.. ...._ ? \... ?"?. TOP OF BANK (PREVIOUSLY LOCATED) PA O? a ?I U I Ii sssi SHEET 8 COMMUNITY COLLEGE GRAPHIC SCALE 600 0 300 600 1200 1 inch = 600 ft. PROJECT NO. STF-05000 ® FILENAME: TMP04000-EX1 W A T E R S T O N E SCALE: 1"=600' IMPACT EXHIBIT 71 DATE: 02-23-06 1 OF 9 HILLSBOROUGH, NORTH CAROLINA THE JOHN R. McADAMS COMPANY, INC. ENGINEERS/PLANNERS/SURVEYORS RESEARCH TRIANGLE PARK, NC P.O. BOX 14005 ZIP 27709-4005 (919) 361-5000 PROJECT NO. STF-05000 ----- W AT ERST ONE THE JOHN R. McADAMS INC MI COMPANY ? FILENAME: TMP04000-EX1 . , C SCALE: 1"=?00' IMPACT EXHIBIT ENGINEERS/PLANNERS/SURVEYORS RESEARCH TRIANGLE PARK, NC 4005 ZIP 27708 8 Cn DATE: HILLSBOROUGH, NORTH CAROLINA - 0 OZ-Z3-O6 2 OF 9 (8 8) 381`6000 PROJECT NO. STF-05000 III THE JOHN R. McADAMS ® 'F?NA"'E` TMP04000-EX1 W A T E R S T O N E a COMPANY, INC. ENGINEERS/PLANNERS/SURVEYORS C7 SCALE: 1 „=1 OOH IMPACT EXHIBIT RESEARCH TRIANGLE PARK, NC HILLSBOROUGH, NORTH CAROLINA P.O. BOX 14005 ZIP 27709-4006 DATE: 02-23-06 3 OF 9 (919) 351-5000 PROJECT NO. STF-05000 THE JOHN R. McADAMS "?"""'E` TMP04000-EX1 ® W A T E R S T O N E rod COMPANY, INC. n b SCALE: ENGINEERS/PLANNERS/SURVEYORS v 1"=100' IMPACT EXHIBIT RESEARCH TRIANGLE PARK, NC cn DATE: HILLSBOROUGH, NORTH CAROLINA P.O. BOX 14005 ZIP 27709-4005 02-23-06 4 OF 9 (919) 001-5000 PROJECT NO. STF-05000 THE JOHN R. McADAMS 4 W W T E R W T O WI E Al COMPANY INC. 0 FuE"AME: 704000-EM ' 9 ENGINEERS/PLANNERS/SURVEYORS M EXHIBIT d SCALE: 1,?=100, IPACT RESEARCH TRIANGLE PARK, NC DATE: 02-23-06 5 OF 9 HILLSBOROUGH, NORTH CAROLINA P.O. 9) 361-5000 BOX 14005 ZIP 27709-4005 PROJECT NO. STF-05000 THE JOHN R. McADAMS FILENAME: TMP04000-EX1 WATERSTONE Ild COMPANY INC. C SCALE: ENGINEERS/PLANNERS/SURVEYORS a 1"=100' IMPACT EXHIBIT RESEARCH TRIANGLE PARK, NC w DATE: HILLSBOROUGH, NORTH CAROLINA P.O. BOX 14006 ZIP 27709-4006 02-23-06 6 OF 9 (919) 361-6000 PROJECT NO. STF-05000 ® W A T E R S T O N E, THE JOHN R. McADAMS Pile"AMe: TMP04000-EX1 COMPANY, INC. C SCALE: ENGINEERS/PLANNERS/SURVEYORS a 1 = 1 00 IMPACT EXHIBIT RESEARCH TRIANGLE PARK, NC N DATE: HILLSBOROUGH, NORTH CAROLINA P.O. BOX 14005 ZIP 27709-4005 02-23-06 7 OF 9 (919) 001-5000 PROJECT NO. STF-05000 ® ?FILenAME: TMP04000-EX1 W A T E R S T O N E lud THE JOHN R. McADAMS a COMPANY, INC. d SCALE: ENGINEERS/PLANNERS/SURVEYORS 1"=100' IMPACT EXHIBIT RESEARCH TRIANGLE PARK, NC [jJ DATE: 02-23-06 8 OF 9 HILLSBOROUGH, NORTH CAROLINA P.O. BOX 140005 00 ZIP 27709-4005 PROJECT NO. STF-05000 W A T E R S T O N E THE JOHN R. McADAMS FILENAME LENAME: TMP04000-EX1 COMPANY, INC. tl SCALE: 1 "=l 00' IMPACT EXHIBIT ENGINEERS/PLANNERS/SURVEYORS RESEARCH TRIANGLE PARK, NC "' DATE: 02-23-06 g OF g HILLSBOROUGH, NORTH CAROLINA P.O. BOX 140005 00 ZIP 27709-4005 Soil & Environmental 11010 Raven Ridge Road • Raleigh, North Carolina 27614 9 To: Ja)(D tt n'? t n a3a1 (?r?tb?eevd a7(oo? We Transmit to you Herewith: Transmittal Consultants, PA (919) 846-9467 ICTIZ4 r I 9 MAP 7 IOU H *11 It, 11 *01$0 t Pro ect #: ?l Project Name: t?l??SCS1.lGZ'{? CPS ?JI21? File: ? Drawings ? For your information and files ? Specifications D- For comment or approval ? Brochures or photos ? Returned for correction, resubmit ? Correspondence ? Approved as noted ? As per your request Under Separate Cover: ? By mail 0' By courier ? • By express No. Copies Document No. Date Description 3-1 106 I? - Remarks: If enclosures are not as listed as above, kindly notify us at once. By: Sea^ a aw "k Charlotte Office: Greensboro Office: 236 LePhillip Court, Suite C 3817-E Lawndale Drive Concord, NC 28025 Greensboro, NC 27455 Phone: (704) 720-9405 Phone:; (336) 540-8234 Fax: (704) 720-9406 Fax: (336) 540-8235 WIL & WIVIKUNMLIV IAL UUMOULIAP.I', FA N(: I?i vi s ion of Water Quality fi.ii li lir.iT•?po-r Daf c_ l2 rife ren 0190 02?406 Invoi-re 02/24/06 #4433.wl Permit App 000932 l: Nun11"'t : 932 Ir,t_E: 2/24/2006 t'hnl: Amt : $4V). 00 R.?larirr' Ili.tiz",mrl I'r, Alt -rat $475.00 $0.00 $4'/:i.00 "4%