HomeMy WebLinkAbout20050010 Ver 1_Complete File_20050104W AT ?Rpc
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
January 5, 2005
Town of Cary
Attn: Tom Ellis
Post Office Box 8005
Cary, NC 27512-8005
Subject Property:
SW Maynard Road Widening
Alan W. Klimek, F.E. Director
Division of Water Quality
DWQ Project # 05-0010
Wake County
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. Ellis:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 0.06 acres of wetlands, 455 feet of streams and 1,000 square feet (ft2) of
protected riparian buffers for the purpose of relocating a water line at the subject property, as described
within your application dated December 29, 2004 and received by the N.C. Division of Water Quality
(DWQ) on January 4, 2005. 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) 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 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, 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 211.0506 (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 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 /1 nte met http://h2o.enr.state.nc.us/ncvvetlands
Ai Carolina
Natitrally
An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper
Town of Cary
Page 2 of 3
January 5, 2005
Amount Approved
(Units) Plan Location or Reference
Stream 455 (feet)
404/LAMA Wetlands 0.06 (acres)
Waters n/a (acres)
Buffers 1,000 (square ft.)
2. Erosion & Sediment Control Practices
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. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. 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.
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
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. 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/Wetlands 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
Town of Cary
Page 3 of 3
January 5, 2005
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
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 John Dorney or Cyndi Karoly at 919-733-1786.
AWK/bs
Enclosures: GC 3402
Certificate of Completion
Sincerely,
C; - 0 ?
Ir Alan W. Klimek, P.E.
cc: Stantec, 801 Jones Franklin Road, Suite 300, Raleigh, NC 27606
USACE Raleigh Regulatory Field Office
DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Filename: 05-0010 SW Maynard Road Widening (Wake) 401
Stantec Consulting Services Inc
801 Jones Franklin Road Suite 300
Raleigh NC 27606
Tel: (919) 851-6866 Fax: (919) 851-7024
stzn:_-c.COm
C"1'14
December 9, 2004
U. S. Army Corps of Engineers
Raleigh Regulatory Field Office
6508 Falls of the Neuse Road, Suite 120
Raleigh, North Carolina 27615
N. C. Division of Water Quality
Wetlands/ 401 Unit
2312 Crabtree Blvd., Suite 250
Raleigh, NC 27604
ATTN.: Ms. Jennifer Burdette, Regulatory Permits Manager
Mr. John Dorney, Supervisor
D
JAN 0 4 ?005
l NOhDSANDST0RM4TERBAN
Subject: Application for Nationwide Permit No. 12 and Water Quality Certification for the
relocation of an existing waterline in conjunction with the widening of SW
Maynard Road over an unnamed tributary to Swift Creek.
Dear Sirs:
The Town of Cary requests your review of following permit application package for the
relocation of an existing waterline in conjunction with the widening of SW Maynard Road and
the restoration of the adjacent unnamed tributary to Swift Creek. This application package
should be linked to the permits already issued for the widening of SW Maynard Road and the
stream restoration: USACE Permit ID 200320636/20040872/200420873 issued April 16, 2004
and NCDWQ Project # 04-0313.
The Town of Cary proposes to widen the existing two lane SW Maynard Road from West
Chatham Street (SR 1011) to Kildaire Farm Road (SR 1300). The proposed 1.24 mile long
project will provide a five-lane curb and gutter, 70-foot wide roadway that will connect the
existing multilane sections of Maynard Road. The road widening will cross an unnamed
tributary to Swift Creek in the Neuse River basin. To accommodate the road widening the
existing two 72-inch concrete pipes (80 feet in length) carrying the stream under Maynard Road
will be replaced with a double concrete box culvert (9 feet by 8 feet per barrel) 146 feet long.
After reviewing the construction issues associated with the culvert replacement, the Town has
determined that the existing waterline under Maynard Road will need to be relocated
approximately 70 feet downstream. To mitigate for the additional impacts to the stream and
also to provide mitigation credits for future use, the Town has proposed to restore 1767 linear
feet of the unnamed tributary above the SW Maynard Road crossing.
Details of the road crossing and stream restoration can be found in the original permit
application package submitted in March of 2004.
Summary of Impacts: Impacts to jurisdictional areas from the waterline relocation will consist of
approximately 216 square feet (6 linear feet) of stream bottom and less than 1000 square feet of
riparian buffer. The stream bottom will be restored to pre-existing conditions with the rip-rap
protection pushed into the streambed. The existing riparian buffer consists of residential yards
and scattered trees. Every effort will be made to avoid the larger trees and minimize impacts to
the buffer while relocating the waterline.
PROJECT SCHEDULE
Depending on right-of-way acquisition, the road widening and stream restoration are projected
to begin construction in 2005. The waterline relocation will take place during the construction of
the new culverts.
REGULATORY APPROVALS
Notification is hereby made for a Section 404 Nationwide Permit No. 12, and the corresponding
401 Water Quality Certification and riparian buffer approval for the above-mentioned activities. In
compliance with Section 143-215.3D(e) of the NCAC the Town of Cary will provide a $200.00
check as payment for processing the Section 401 permit application. Two copies of this
application, including attachments, are being provided to the USACE Raleigh Regulatory Office.
Seven copies of the application and attachments are being provided to the North Carolina
Division of Water Quality Wetlands / 401 Unit, for their review.
Thank you for your assistance with this project. If you have any questions or need any
additional information about this permit application, please contact Pete Colwell at 919-851-
6866.
Sincerely,
f les, PE
Manager, Roadway Design
Cc: Mr. Mike Babuin, Town of Cary
Mr. Tom Ellis, Town of Cary
Attachments:
I 4r PCN Application
Stream Restoration and Mitigation Plan
Roadway Design Plans
Roadway Impact Sheet
Stormwater Management Plan
2
ENGINEERING DEPARTMENT
December 23, 2004
N.C. Division of Water Quality
Wetlands/ 401 Unit
2312 Crabtree Blvd., Suite 250
Raleigh, NC 27604
Subject: Letter of Authorization for Application for Nationwide Permit No. 12, and
Water Quality Certification for the Town of Cary Widening of SW Maynard
Road and the Restoration of an Unnamed Tributary to Swift Creek
Dear Sirs:
The Town of Cary hereby authorizes Stantec Consulting to be our agent for
signature on the Nationwide Permit No. 12 application of the subject project.
We further acknowledge the Town of Cary is solely funding the subject project for
design and construction. Expenditure of funding from the State or Federal agencies is
not involved for this project. The required $200.00 check will be included with the
permit.
If you have any questions or need additional information, please contact me at
469-4333.
Sincerely,
,-A dy
Tom Ellis, PE
Engineer
cc: Tim Bailey, P.E., Engineering Director
Mike Babuin, Environmental Specilist
TOWN Of CARY
318 North Academy Street •Cary, NC 27513•PO Box 8005•Cary, NC 27512-8005
te1919-469-4030 • fax 919-460-4935• www.townofcary.org
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".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ® Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NW 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 Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: TOM ELLIS
Mailing Address: TOWN OF CARY
318 NORTH ACADEMY STREET
CARY,NC
Telephone Number: 919-469-4333 Fax Number: 919-460-4935
E-mail Address: TOM.ELLISPNCMAIL.NET
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: SCOTT BOYLES
Company Affiliation: STANTEC CONSULTING SERVICES INC.
Mailing Address: 801 JONES FRANKLIN ROAD SUITE 300
RALEIGH, NC 27606
Telephone Number: 919-851-6866 Fax Number: 919-851-7024
E-mail Address: SBOYLESna,STANTEC.COM
Pagel of 8
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: SW MAYNARD ROAD WIDENING AND STREAM RESTORATION
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 0763060640, 0753979036, 0763070365,
0763072902,0763085505
4. Location
County: WAKE Nearest Town: CARY
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): SW MAYNARD ROAD
WIDENING, BETWEEN OLD KILDAIRE FARM ROAD AND WEST CHATHAM
STREET / UT TO SWIFT CREEK 0.9 MILES WEST OF KILDARE FARM ROAD
5. Site coordinates, if available (UTM or Lat/Long): 35° 46'31.76" N / 78° 47' 52.22" W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 32 ACRES FOR ROADWAY / 9 ACRES FOR STREAM
7. Nearest body of water (stream/river/sound/ocean/lake: SWIFT CREEK TRIBUTARY
NO. 24
8. River Basin: NEUSE
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at littp://112o.cn1-.state.nc.us/a(iniin/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: TWO LANE HIGHWAY WITH 2-72" CULVERTS
CONVEYING STREAM UNDER ROADWAY. STREAM RESTORATION IS WITHIN A
WOODED TOWN GREENWAY. ADJACENT LAND USE IS RESIDENTIAL.
Page 2 of 8
10. Describe the overall project in detail, including the type of equipment to be used:
WIDENING OF SW MAYNARD ROAD TO FIVE LANE CURB AND GUTTER
SECTIONS. RELOCATION OF AN EXISTING WATERLINE. MECHANICAL
ROADWAY CONSTRUCTION EQUIPMENT WILL BE USED, TRACKHOE, DOZER,
AND OTHER EARTHMOVING EQUIPMENT
11. Explain the purpose of the proposed work: WIDENING OF MAYNARD ROAD FROM
TWO LANES TO FIVE LAND CURB AND CUTTER SECTION. THE PROPOSED
WIDENING WILL REQUIRE THE RELOCATION OF AN EXISTING
WATERLINE FROM UNDER THE ROADWAY TO CROSSING THE UT TO
SWIFT CREEK APPROXIMATELY 70 FEET DOWNSTREAM OF THE,
ROADWAY.
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.
JURISDICTIONAL DETERMINATION ACTION ID 200320636. GENERAL PERMIT
VERIFICATION ACTION ID 200320636/20040872/200420873 WAS ISSUED APRIL 16,
2004 TO AUTHORIZE IMPACTS ASSOCIATED WITH THE ROAD WIDENING (133
linear feet of stream) AND RESTORATION OF 1767 LINEAR FEET OF STREAM
CHANNEL (0.06 ae of wetland). THE CORRESPONDING 401 WQC WAS ISSUED ON
MAY 2, 2004, DWQ PROJECT # 04-0313.
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.
NONE ANTICIPATED
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 3 of 8
1. Provide a written description of the proposed impacts: APPROXIMATELY 216 sqft (0.04
ae) OF STREAM BED WILL BE IMPACTED BY THE BURIAL OF THE
RELOCATED WATERLINE.
2. Individually list wetland impacts below: N/A
Wetland Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Located within
100-year Floodplain**
es/no) Distance to
Nearest Stream
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 floodplains arc identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at httn://www.fcma.gov.
List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, ctc.) 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: 0.44 acres
Total area of wetland impact proposed: 0.06 acres FOR THE STREAM
RESTORATION
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
indicate on ma
Type of Impact* Length of
Impact
linear feet
Stream Name** Average Width
of Stream Before
Impact Perennial or
Intermittent?
(please secif
RIP RAP IN
CHANNEL 6 (216 sqft) UT TO SWIFT
CREEK 15FT PERENNIAL
* 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, ctc.), excavation, ditching/straightening, ctc. 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.uses.eov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.niapqucst.coni, ctc.).
Page 4 of 8
Cumulative impacts (linear distance in feet) to all streams on site: 133 LINEAR FEET WILL BE
PERMANENTLY IMPACTED BY THE NEW CULVERTS. 216 LINEAR FEET WILL BE
RELOCATED AS PART OF THE 1767 LINEAR FEET OF STREAM RESTORATION.
APPROXIMATELY 100 FEET OF CHANNEL WILL BE TEMPORAILY IMPACTED BY
DEWATERING. APPROXIMATELY 6 LINEAR FEET (216 sgft) OF STREAM BOTTOM
WILL BE RIP RAPPED TO PROTECT THE WATERLINE.
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
N/A
Open Water Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
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:
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.
TRAFFIC STUDIES INDICATE THE NEED TO CONNECT THE EXISTING 5 LANE
SECTIONS OF SW MAYNARD. SEVERAL ROAD ALIGNEMNENTS AND CULVERT
ALTERNITIVES WERE EVALUATED TO FIND SAFEST LEAST DAMAGING
ALIGNMENT. THE WATERLINE RELOCATION WAS NEEDED TO FACILITATE
CONSTRUCTION THE NEW ROADWAY CULVERTS. THE WATERLINE WILL BE
BURIED UNDER THE STREAM CHANNEL AND THE RIP RAP PROTECTION WILL
BE PUSHED INTO THE STREAM BED SO AS NOT TO SIGNIFICANTLY ALTER
THE EXISTING STREAMBED ELEVATION AT THIS LOCATION.
Page 5 of 8
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 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://h2o.enr.state.nc.us/ncwetlands/strni.ide.htnil.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
STREAM IMPACTS FOR THE ROADWAY WIDENING WILL BE MITIGATED BY
THE STREAM RESTORATION ABOVE THE SITE. AS PART OF THE RESTORATION
PLAN 6 WETLAND POCKETS (0.35 ACRES) WILL BE CREATED ALONG THE
STREAM RESTORATION. RIPARIAN BUFFERS ALONG THE STREAM WILL BE
REPLACED AND ENHANCED BY THE REMOVAL OF EXOTIC SPECIES. SEE
ATTACHED RESTORATION PLAN.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
(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.en[.state.nc.us/wr])/indcx.litni. 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):
Page 6 of 8
IX.
X.
Environmental Documentation (required by DWQ)
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
(federal/state) land?
Yes ? No ® THE PROJECT IS FUNDED ENTIRELY BY THE TOWN OF
CARY AND ON TOWN PROPERTY
Does the project involve an expenditure of public (federaUstate) funds or the use of public
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 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
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 Less than 1000 3 NONE**
2 0 1.5 NONE**
Total 1000
' 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.
** Up to 40 linear feet of buffer impacts arc allowed without mitigation for underground utility crossings.
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 213.0242 or.0260.
Page 7 of 8
LESS THAN 1000 SQUARE FEET OF BUFFER WILL BE DISTURBED WITH THE
RELOCATION OF THE WATERLINE. NO MITIGATION WILL BE REQUIRED.
XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
A STORMWATER PLAN FOR THE PROPOSED INCREASE IN IMPERVIOUS
SURFACE FOR THE ROAD WIDENING WAS SUBMITTED WITH THE, PREVIOUS
APPLICATION.
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.
NOT APPLICABLE
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
IT IS ANTICIPATED THAT BOTH THE ROAD WIDENING AND THE STREAM
RESTORATION WILL BE CONSTRUCTED AT APPROXIMATELY THE SAME TIME
THE WATERLINE RELOCATION WILL BE DONE PRIOR TO INSTALI.TION OF
THE NEW CULVERTS. THE PROJECT SITE HAS BEEN SURVEYED FOR PROTECTED
SPECIES AND NONE WERE FOUND.
Applicant/Age6i's Signature I Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8
-21^1 P.002i002
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action IV: 200320636 County: Wake
NOTIFICATION OF JURISDICTIONAL. DETERMINATION
Property
Owner Town of 0
Attn: Michael L. Babuin, P_hD_, PG
Address 318 North Academy Street
P 0 Box 8005, Cary, NC 27512-8005
Telephone Number 919-462-3931
Authorized
Agent Stantec
Attn: Pete Colwell
Address 801 Jones Franklin Road, Suite 300
Raleigh, ETC 27606
Telephone Number 919-851-6866
Size and Location of Property (waterbody, Highwnv name/number. town, etc.): The property
consists of approximately 9 acres on the floodplain of an unnamed tributary of Swift Creek beginning on
the north side of SW Maynard Road and extending approximately 1570 feet north in Cary, Wake County,
North Carolina.
Basis for Determination: The property contains wetlands and stream channels located adjacent to an
unmuned tributary to Swift Creek in the Neuse River Basin.
Indicate Which of the Followin A lv:
X There are waters of the U.S., to include wetlands, on the above-described property, which we strongly suggest
should be delineated and surveyed. The surveyed wetland lines must be verified by our staff before the Corps will
make a final jurisdictional determination on your property.
Because: of the size of your property and our present workload, our identification and delineation of your wetlands
cannot be accomplished in a timely manner. You may wish to obtain a consultant to obtain a more timely
delineation of the wetlands. Once the consultant has flagged a wetland line on the property, Corps staff will
review it, and, if it is accurate, we strongly recommend that you have the line surveyed for final approval by the
Corps. The Corps will not make a final jurisdictional determination on your property without an approved survey.
X The waters of the U.S., to include wetlands, on your lot have been delineated, and the limits of the Corps
jurisdiction have been explained to you. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
There arc no waters of the U.S., to include wetlands, present on the above-described property, which are subject to
the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law
or our published regulations, this determination may be relied upon for a period not to exceed five years from the
date of this notification.
Placement of dredged or fill material in wetlands on this property without a Department of the
Army Permit is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A
permit is not required for work on the property restricted entirely to existing high ground. If you
have any questions regarding the Corps of Engineers regulatory program, please contact
Jennifer A. Burdette at telephone number(919?876 - 8441 extension 22.
Project Manager Signature
Date March 2, 20C
147
Expiration Date March 2, 2009
SURVEY PLAT OR FIELD SKETCH OF THE DESCRIBED PROPERTY AND THE WETLAND
DELINEATION FORNM MUST BE ATTACHED TO THE FILE COPY OF THIS FOILM.
SIGHT
E \ DISTANCE ??J
- 55 00 EASEMENT
30.00'`
92.91 PRO. 12' Yd12`?TEE, 10.00 '
47.00' 12' GV, 8016' to 12' REDUCER 65.00' -
4-09.76
5 01 90.00
- Ln 47\00 _ r
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D MAR 10' 19,>
s?
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.
?+1570
12 6.
8830
193.00
JEER
LINE DISTURBED AREA OF STREAM
W/ CL I RIP RAP TO TOP OF BANK.
?I FINAL GRADE TO MATCH ORIGINAL GRADE.
Stantec
Stantec Consulting Inc.
Suite 300, 801 Jonea Franklin Road
Rdelgh NC U.S A.
2760
Tel 6 919.851.6866 25 0 50 UM/TS OF WATERLINE IMPACTS
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CARY
- P.O. Box 8005
71-
Cary,-North Carolina 27512-8005 • (919) 469-4049
PO VOUCHER INVOICE
12/22/20C
I
DESCRIPTION
156878 PI1466 NWIDEPERMIT#12 MISC SERVICES
JAN 0 4 2005
CHECK NO.
200.06
DENR - WATER QUALITY
WETLND3 N,'DSTG,,1.',%„'TERERA CH