HomeMy WebLinkAbout20041419 Ver 1_Complete File_20040824OF W ATF9 Michael F. Easley, Governor
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Alan W. Klimek, P.E. Director
Division of Water Quality
August 23, 2005
DWQ # 20041419
Wake County
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Town of Apex
Post Office Box 250
Apex, NC 27502
Subject Property: NC 55 Widening
Beaver Creek [03-06-05, 16-41-10-(0.5), WS-1V, NSW]
NOTICE OF WITHDRAWL
To Whom It May Concern:
On August 24, 2004, you requested a 401 Water Quality Certification from the Division of Water
Quality (DWQ) for your project. We wrote to you on September 3, 2004 discussing concerns that we
have regarding the design of the project and stating that it would be placed on hold for three weeks
giving you time to address DWQ's concerns. As of today, DWQ has not received a response to this
request. Therefore, your file is hereby considered withdrawn and will not be reviewed until DWQ's
earlier concerns are addressed. Once you have collected sufficient information to have a complete
application (please see our September 3, 2004 letter for the missing information), you will need to
reapply for DWQ approval. This includes submitting a complete application package with the
appropriate fee.
Please be aware that you have no authorization under Section 401 of the Clear Water Act for this
activity and any work done within waters of the state would be a violation of North Carolina General
Statutes and Administrative Code. Please call Mr. Ian McMillan at 919-7154631 if you have any
questions or concerns.
Sincerely,
LLLI
or
Revi w Permitting Unit
cc:
Raleigh DWQ Regional Office
Raleigh Corps of Engineers
Central Files
File Copy
Skelly and Loy, 6404 Falls of Neuse Road, Raleigh, NC 27615
Filename: S:\2005 Correspondence\04-1419 NC 55 Widening (Wake) Withdrawal.doc
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: htp://h2o enr.state.ncxs/ncwetlands
Nom,` Carolina
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An Equal Opportunity/Affirmative Action Employer - 5017o Recycled/107o Post Consumer Paper
o?0F `N ATF,4QG Michael F. Easley, Governor
William G. Ross Jr., Secretary
r- North Carolina Department of Environment and Natural Resources
-71
Alan W. Klimek, P.E. Director
Division of Water Quality
September 3, 2004
DWQ Project # 04-1419
Wake County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Town of Apex
Post Office Box 250
Apex, NC 27502
Subject Property: NC 55 Widening
REQUEST FOR MORE INFORMATION
On August 24, 2004, the Division of Water Quality (DWQ) received your application dated August 24, 2004 to
impact 0.015 acres of wetlands to construct the proposed highway widening. The DWQ has determined that your
application was incomplete and/or provided inaccurate information as discussed below. The DWQ will require
additional information in order to process your application to impact protected wetlands and/or streams on the
subject property. Therefore, unless we receive the additional information requested below, we will have to move
toward denial of your application as required by 15A NCAC 2H .05b6 and will place this project on hold as
incomplete until we receive this additional information. Please provide the following information so that we may
continue to review your project.
Additional Information Requested:
1. Please submit a revised PCN detailing the proposed wetland impacts shown on sheet 1 of 1.
Please respond within three weeks of the date of this letter by sending this information to me in writing and Mike
Horan of the DWQ Raleigh Regional Office. If we do not hear from you within three weeks, we will assume that
you no longer want to pursue this project and we will consider the project as withdrawn.
This letter only addresses the application review and does not authorize any impacts to wetlands, waters or protected
buffers. Please be aware that any impacts requested within your application are not authorized (at this time) by the
DWQ. Please call Brain Wrenn or Mr. John Domey at 919-733-1786 if you have any questions regarding or would
like to set up a meeting to discuss this matter.
Sincerely,
John Dorney,
DWQ, Wetlands / 401 Unit
JRD/bs
cc: Mike Horan, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
Skelly and Loy, 6404 Falls of Neuse Road, Raleigh, NC 27615
Filename: 04.1419 NC 55 widening (wake) On hold
401 Wetlands Certification 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/ncwetiands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/l0% Post Consumer Paper
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Skelly and Loy, LLP
6404 Falls of the Neuse Road
Suite 103
Raleigh, NC 27615
E-mail: wlyke@skellyloy.com
Internet: www.skellyloy.com
J l
SKELLYANi) LOY
ENGINEERING - ENVIRONMENTAL
CON ULTANTS
Phone: 919-878-3535
Fax: 919-878-3550
August 24, 2004
Division of Water Quality
401/Wetlands Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Re: Preconstruction Notification Application
Apex Highway 55 road widening (S&L Project #: 2604013)
Town of Apex, Wake County, North Carolina
Dear 401/VVetlands Unit:
WETLANDS/401 GROUP
WATER QkRYSECTION
Skelly and Loy is submitting a Preconstruction Notification (PCN) Application for the
above-referenced project with request for a 401 Water Quality Certification from the North
Carolina Division of Water Quality (NCDWQ). This application is being submitted on
behalf of the Town of Apex, North Carolina.
The current project will include the installation of one 42-inch culvert and rip-rap dissipater
as part of the highway widening, sidewalk, curb, and gutter installation and culvert extension.
This project will expand the current 2-lane road to allow for current and future traffic and
pedestrian loads. The road widening is located approximately 3,000 feet south of US 64 on
NC-55 (W. Williams Street); between Apex Peakway and Haddon Hall Drive
The Permit is being requested for one stream impact to an unnamed tributary to Beaver
Creek. One 42-inch Reinforced Concrete Pipe (RCP) will convey the surface water flow.
This pipe will be buried approximately 1 foot to allow for aquatic movement and satisfy
current USACE and DWQ protocols.
The enclosed PCN Application and attached additional documentation listed below should
provide the necessary information required to secure DWQ 401 Water Quality Certification
for the impacts described above and on the attached PCN Application.
1. Area Topographic Map.
2. Hwy 55 Road Widening Plan & Profile Sheet.
3. Signed Agent Authorization Form.
Office Locations: Harrisburg, PA Pittsburgh, PA Morgantown, WV State College, PA Hagerstown, MD
Affiliated Company: AMS of Skelly and Loy, Harrisburg, PA
USACOE 404 Certification Request
Apex Highway 55 road widening
August 24, 2004
Page 2 of 2
If you should have questions or require additional clarification during the review please feel
free to contact me at (919) 878-3535.
Sincerely,
Skelly and Loy
/Jay Keller
Wetland Ecologist
cc: NCDWQ 401 Wetlands Unit
David Rowland, Apex Planning Director
Aiken & Yelle, Associates, PA
Office Use Only: Fonn Vcrsion 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 Pen-nit F-] Riparian or Watershed Buffer Rules
Section 10 Permit F-1 Isolated Wetland Pen-nit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested:
14
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
IL Applicant Information
1. Owner/Applicant Information
Name: David Rowland, Apex Planning Director
Mailing Address: PO Box 250; 73 Hunter Street; Apex, NC 27502
Telephone Number: (919) 249-3426 Fax Number: (919) 249-3338
E-mail Address: drowland@apexnc.orq
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/appli t.)
Name: Jav Keller WRANDS / 401 GROUP
Company Affiliation: Skelly and Loy
Mailing Address: 6404 Falls of Neuse Rd. Raleigh, NC 27615
WA I ER QUALITY SECTION
Telephone Number: (919) 878-3535 Fax Number: (919) 878-3550
E-mail Address: jkeller(askellyloy.com
Page 5 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: Apex Highway 55 Road Widenin
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 0732944821
4. Location
County: Wake Nearest Town: Apex
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): Approximately 3,000 feet south
of US 64 on NC-55 (W. Williams Street). Between Anex Peakwav and Haddon Hall Drive.
5. Site coordinates, if available (UTM or Lat/Long): N 35° 44.5'; W 78° 52.1'
(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):
6.92 acres
7. Nearest body of water (stream/river/sound/ocean/lake): Beaver Creek.
8. River Basin: Cane Fear
(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/admiii/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: Mostly forested with an intermittent stream starting at North
Carolina Highway 55 and flowing northeast to a perennial tributary to Beaver Creek. This
stream has an adjacent sewer line to the northwest also proceeding towards the perennial
stream. Project vicinity consists of residential, retail, commercial, and undeveloped land
area.
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used: To install
one 42-inch culvert and rip-rap dissipater as part of the highway widening, sidewalk, curb,
and gutter installation and culvert extension. This project will expand the current 2-lane road
to allow for current and future traffic and pedestrian loads. The stream channel is
approximately 3 ft. in width. The culvert will be placed in accordance to best management
practices (BMP's) to allow aquatic passage. See Sheet 1 of 1 for details. Equipment to be
used includes a Trackhoe and bulldozer.
11. Explain the purpose of the proposed work: This project will expand the current 2-lane road
to allow for current and future traffic and pedestrian loads.
IV. Prior Project History
If jurisdictional detenninations and/or pen-nits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
n/a
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to detennine, 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 (intennittent 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 7 of 12
1. Provide a written description of the proposed impacts: Road Widening of NC Hwy 55 will
involve placing fill, rip-rap, and a 42-inch reinforced concrete pipe (RCP) in this tributary to
Beaver Creek.
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, till,
excavation, flooding, ditching/drainage, ctc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.feina.jqov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (detcnnination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 0.5 acres
Total area of wetland impact proposed: 631 square feet
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on map)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intennittent?
(please specify)
I filling 121 ft. Trib. To Beaver Creek 3 ft. Intermittent
* List each impact separately and identity temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, cte. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams trust be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.gov. Several intetnet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapquest.com, ctc.).
Cumulative impacts (linear distance in feet) to all streams on site: 121 ft.
Page 8 of 12
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
* List each impact separately and identity temporary impacts. Impacts include, but are not limited to: till, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): [:] uplands F-] stream E] wetlands
Describe the method of construction (e.g., datn/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 stortnwater 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
infonnation 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 proposed highway
widening will be built according to NCDOT standards and specifications. Togoaraghical
constraints include slopes averaging 25% in the expansion area. The intermittent
stream is currently severely incised (3 to 5 feet) and heavily infested with invasive vine
species in the proposed expansion area. Careful consideration was given to minimize
impacts to the lower reasonably stable stream area and other waterbodies. By using
this already impacted maintained utility line area, we are minimizinq disturbance to the
surrounding woodlands.
Page 9 of 12
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 detennining 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
http://h2o.enr.state.nc.us/ncwctlands/stnn,gide.litini.
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. N/A
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 detennine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.litm. 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 10 of 12
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ? No
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to detennine, 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 213 .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 3
2 1.5
Total
Lone I extends out SU tect perpendicular from near bank of ctlanncl; Lone 1 extends an
additional 20 feet from the edge of Zone 1.
Page 11 of 12
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0260.
XL Storniwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stonnwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
N/A.
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.
N/A.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No N
Is this an after-the-fact permit application?
Yes R No N
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).
i
,;?pplicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
SOURCE: U.S.G.S 7.5' Quadrangle, Apex, North Carolina
AREA TOPOGRAPHIC MAP
Highway 55 Road Widening
Town of Apex
Wake County, North Carolina
Scale: V= 2000' 1 Project No. 2604013
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SHEET 1 OF 1
VICINITY MAP
Sent By: TOWN OF APEX PLANNING DEPT
August 19, 2004
; 9192493330; Aug-23-04 2:25PM; Page 1/1
TO: Skelly and Loy, UP
6404 Falls of Neuse Rd.
RAleigh, North Carolina
27615
FRCDM: Mr. David Rowland
Apex Planning Director
73 Hunter Street
Apex, NC 27502
I, David Rowland
Nortl,i C , as J n'presentative concerning the property on
aroling Hi hwa 55 , do htstby authorize and give permission for Skelly and Loy to
represent or act as agent on our hehalfand afiow the COE or any other regulatory agency to goon
the vnoperty with an Ske113, and Loy representative for such purposes as necessary to perform the
Nk tasks.
A 1 P "??t-
ti;1. isavid Rowland
Apex Manning Director Dste
73 Hunter Street
Apex,1NC 27502
Skelly and Loy, LLP
6404 Falls of the Neuse Road
Suite 103
Raleigh, NC 27615
E-mail: wlyke@skellyloy.com
Internet: www.skellyloy.com
d`?
SKELLYAM3 LOY
ENGINEERING - ENVIRONMENTAL
CONSULTANTS
US Army Corps of Engineers
Wilmington District
Raleigh Regulatory Field Office
6508 Falls of the Neuse Road, Suite 120
Raleigh, North Carolina 27615
Phone: 919-878-3535
Fax: 919-878-3550
August 24, 2004
Re: Preconstruction Notification Application
Apex Highway 55 road widening (S&L Project #. 2604093)
Town of Apex, Wake County, North Carolina
Dear USACE:
Skelly and Loy is submitting a Preconstruction Notification (PCN) Application for the above-
referenced project with request for US Army Corps of Engineers (USACE) written approval
of Nationwide (NW) Permit Number 14 under Section 404, Clean Water Act, 33 USC 1344.
This application is being submitted on behalf of the Town of Apex, North Carolina.
The current project will include the installation of one 42-inch culvert and rip-rap dissipater
as part of the highway widening, sidewalk, curb, and gutter installation and culvert extension.
This project will expand the current 2-lane road to allow for current and future traffic and
pedestrian loads. The road widening is located approximately 3,000 feet south of US 64 on
NC-55 (W. Williams Street); between Apex Peakway and Haddon Hall Drive
Nationwide Permit 14 is being requested for one stream impact to an unnamed tributary to
Beaver Creek. One 42-inch Reinforced Concrete Pipe (RCP) will convey the surface water
flow. This pipe will be buried approximately 1 foot to allow for aquatic movement and satisfy
current USACE and DWQ protocols.
The enclosed PCN Application and attached additional documentation listed below should
provide the necessary information required to secure NW Permit 14 under Section 404 for
the impacts described above and on the attached PCN Application.
1. Area Topographic Map.
2. Hwy 55 Road Widening Plan & Profile Sheet.
3. Signed Agent Authorization Form.
Office Locations: Harrisburg, PA Pittsburgh, PA Morgantown, WV State College, PA Hagerstown, MD
Affiliated Company: AMS of Skelly and Loy, Harrisburg, PA
USACOE 404 Certification Request
Apex Highway 55 road widening
August 24, 2004
Page 2 of 2
If you should have questions or require additional clarification during the review please feel
free to contact me at (919) 878-3535.
Sincerely,
Skelly and Loy
Jay Keller
Wetland Ecologist
cc: NCDWQ 401 Wetlands Unit
David Rowland, Apex Planning Director
Aiken & Yelle, Associates, PA
Skelly and Loy, LLP
6404 Falls of the Neuse Road
Suite 103
Raleigh, NC 27615
E-mail: wlyke@skellyloy.com
Internet: www.skellyloy.com
JI&t
SKELLYAND LOY
ENGINEERING - EWRONMENTAL
CONSULTANTS / -
1 Phone: 919-878-3535
Fax: 919-878-3550
August 24, 2004
Division of Water Quality
401/Wetlands Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Re: Preconstruction Notification Application
Apex Highway 55 road widening (S&L Project #: 2604013)
Town of Apex, Wake County, North Carolina
Dear 401 /Wetlands Unit:
WETLANDS/ 401 GROUP
WATER QUALITY SECTION
Skelly and Loy is submitting a Preconstruction Notification (PCN) Application for the
above-referenced project with request for a 401 Water Quality Certification from the North
Carolina Division of Water Quality (NCDWQ). This application is being submitted on
behalf of the Town of Apex, North Carolina.
The current project will include the installation of one 42-inch culvert and rip-rap dissipater
as part of the highway widening, sidewalk, curb, and gutter installation and culvert extension.
This project will expand the current 2-lane road to allow for current and future traffic and
pedestrian loads. The road widening is located approximately 3,000 feet south of US 64 on
NC-55 (W. Williams Street); between Apex Peakway and Haddon Hall Drive
The Permit is being requested for one stream impact to an unnamed tributary to Beaver
Creek. One 42-inch Reinforced Concrete Pipe (RCP) will convey the surface water flow.
This pipe will be buried approximately 1 foot to allow for aquatic movement and satisfy
current USACE and DWQ protocols.
The enclosed PCN Application and attached additional documentation listed below should
provide the necessary information required to secure DWQ 401 Water Quality Certification
for the impacts described above and on the attached PCN Application.
1. Area Topographic Map.
2. Hwy 55 Road Widening Plan & Profile Sheet.
3. Signed Agent Authorization Form.
Office Locations: Harrisburg, PA Pittsburgh, PA Morgantown, WV State College, PA Hagerstown, MD
Affiliated Company: AMS of Skelly and Loy, Harrisburg, PA
USACOE 404 Certification Request
Apex Highway 55 road widening
August 24, 2004
Page 2 of 2
If you should have questions or require additional clarification during the review please feel
free to contact me at (919) 878-3535.
Sincerely,
Skelly and Loy
Jay Keller
Wetland Ecologist
cc: NCDWQ 401 Wetlands Unit
David Rowland, Apex Planning Director
Aiken & Yelle, Associates, PA
Office Use Only: Fonn Vcrsion 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 Pen-nit ? Riparian or Watershed Buffer Rules
? Section 10 Permit Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested:
14
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here:
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here:
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here:
II. Applicant Information
1. Owner/Applicant Information
Name: David Rowland, Apex Planning Director
Mailing Address: PO Box 250; 73 Hunter Street; Apex , NC 27502
Telephone Number: (919) 249-3426 Fax Number: (919) 249-3338
E-mail Address: drowland@apexnc.org
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: Jav Keller WGTI et,me I Am norm in
Company Affiliation: Skelly and Loy
Mailing Address: 6404 Falls of Neuse Rd. Raleigh, NC 27615
1NATFR QUALITY HOW
Telephone Number: (919) 878-3535 Fax Number: (919) 878-3550
E-mail Address: ikeller@skellyloy.com
Page 5 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 infonnation 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: Apex Highway 55 Road Widening
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 0732944821
4. Location
County: Wake
Nearest Town: Apex
Subdivision naive (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): Approximately 3,000 feet south
of US 64 on NC-55 (W. Williams Street). Between Apex Peakway and Haddon Hall Drive.
5. Site coordinates, if available (UTM or Lat/Long): N 35° 44.5'; W 78° 52.1'
(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):
692 acres
7. Nearest body of water (stream/river/sound/ocean/lake): Beaver Creek.
S. River Basin: Cape Fear
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at littp://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: Mostly forested with an intermittent stream starting at North
Carolina Highway 55 and flowing northeast to a perennial tributary to Beaver Creek. This
stream has an adjacent sewer line to the northwest also proceeding towards the perennial
stream. Project vicinity consists of residential, retail, commercial, and undeveloped land
area.
Page 6 of 12
10. Describe the overall project in detail, including; the type of equipment to be used: To install
one 42-inch culvert and rip-rap dissipater as part of the highway widening, sidewalk, curb,
and gutter installation and culvert extension. This project will expand the current 2-lane road
to allow for current and future traffic and pedestrian loads. The stream channel is
approximately 3 ft. in width. The culvert will be placed in accordance to best management
practices (BMP's) to allow aquatic passage. See Sheet 1 of 1 for details. Equipment to be
used includes a Trackhoe and bulldozer.
11. Explain the purpose of the proposed work: This project will expand the current 2-lane road
to allow for current and future traffic and pedestrian loads.
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 pen-nits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
n/a
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to detennine, 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 (intennittent 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 7 of 12
1. Provide a written description of the proposed impacts: Road Widening of NC Hwy 55 will
involve placing fill, rip-rap, and a 42-inch reinforced concrete pipe (RCP) in this tributary to
Beaver Creek.
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
* List each impact separately and identity temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, till,
excavation, flooding, ditching/drainage, ctc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://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, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 0.5 acres
Total area of wetland impact proposed: 631 square feet
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on map)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please specify)
1 filling 121 ft. Trib. To Beaver Creek 3 ft. Intermittent
* List each impact separately and identity 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.usgs.gov. Several intcmet sites also allow direct download and printing of USGS maps (e.g., www.topozone.ccnm,
www.mapquest.com, ctc.).
Cumulative impacts (linear distance in feet) to all streams on site: 121 ft.
Page 8 of 12
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
* List each impact separately and identity temporary impacts. Impacts include, but are not limited to: till, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any snaps included with this application.
Pond to be created in (check all that apply): E] uplands f-I stream E] 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 stonnwater 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. The proposed highway
widenina will be built accordina to NCDOT standards and specifications. TODOaraphical
constraints include slopes averaging 25% in the expansion area. The intermittent
stream is currently severely incised (3 to 5 feet) and heavily infested with invasive vine
species in the proposed expansion area. Careful consideration was given to minimize
impacts to the lower reasonably stable stream area and other waterbodies. By using
this already impacted maintained utility line area, we are minimizing disturbance to the
surroundinq woodlands.
Page 9 of 12
VIII. Miti ration
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
Pennits, 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:Hii2o.enr.state.nc.us/ncwctlands/stnngide.litml.
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 mechanists (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. N/A
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 infonnation regarding the application process for the
NCWRP, check the NCWRP website at http://li2o.enr.state.nc.us/wrp/index.litm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following infonnation:
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 10 of 12
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ? No n
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 n
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(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 3
2 1.5
Total
Gone 1 extends out SV tect perpendicular trom near bank of channel; Zone .Z extends an
additional 20 feet from the edge of Zone 1.
Page 11 of 12
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 infonnation as
identified within 15A NCAC 2B .0242 or .0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stonnwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
N/A.
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.
N/A.
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).
/ Applicant/Abent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
SKELLY and LOY, LLP I AUGUST 2004 FIGURE 1 1
SOURCE: U.S.G.S 7.5' Quadrangle, Apex, North Carolina
AREA TOPOGRAPHIC MAP
Highway 55 Road Widening
Town of Apex
Wake County, North Carolina
Scale: 1" = 2000' Project No. 2604013
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VICINITY MAP
Sent By: TOWN OF APEX PLANNING DEPT
August 19, 2004
; 9192493338; Aug-23-04 2:25PM; Page 1/1
TO, Skelly and Loy, UP
6404 Falls of Neuse Rd.
Raleigh, North Carolina
27615
FROM: Mr. David Rowland
Apex Planning Director
73 hunter Street
Apex, NC 27502
1, David Rowland as a rrpresciita[ive concerning the property on
Nottht Carotin Hi hwa 55 , do he>;eby milhorize and give permission for Skelly and Loy to
represent or act as agent on our hehalfand allow the COE or any other regulatory agency to go asp
the piroperty with an Skelly and Loy representative for such purposes as necessary to perform the
g ?
:?;7. !!avid Rowland
Apex Manning Director Dstc
73 Hunter Street
Apex, 1 NC 27502
Skelly and Loy, LLP
6404 Falls of the Neuse Road
Suite 103
Raleigh, NC 27615
E-mail: wlyke@skellyloy.com
Internet: www.skellyloy.com
J(&- t
SKELLYAND LOY
ENGINEERING - ENVIRONMENTAL
CONSULTANTS --
Phone: 919-878-3535
Fax: 919-878-3550
August 24, 2004
US Army Corps of Engineers
Wilmington District
Raleigh Regulatory Field Office
6508 Falls of the Neuse Road, Suite 120
Raleigh, North Carolina 27615
Re: Preconstruction Notification Application
Apex Highway 55 road widening (S&L Project #: 2604013)
Town of Apex, Wake County, North Carolina
Dear USACE:
Skelly and Loy is submitting a Preconstruction Notification (PCN) Application for the above-
referenced project with request for US Army Corps of Engineers (USACE) written approval
of Nationwide (NW) Permit Number 14 under Section 404, Clean Water Act, 33 USC 1344.
This application is being submitted on behalf of the Town of Apex, North Carolina.
The current project will include the installation of one 42-inch culvert and rip-rap dissipater
as part of the highway widening, sidewalk, curb, and gutter installation and culvert extension.
This project will expand the current 2-lane road to allow for current and future traffic and
pedestrian loads. The road widening is located approximately 3,000 feet south of US 64 on
NC-55 (W. Williams Street); between Apex Peakway and Haddon Hall Drive
Nationwide Permit 14 is being requested for one stream impact to an unnamed tributary to
Beaver Creek. One 42-inch Reinforced Concrete Pipe (RCP) will convey the surface water
flow. This pipe will be buried approximately 1 foot to allow for aquatic movement and satisfy
current USACE and DWQ protocols.
The enclosed PCN Application and attached additional documentation listed below should
provide the necessary information required to secure NW Permit 14 under Section 404 for
the impacts described above and on the attached PCN Application.
1. Area Topographic Map.
2. Hwy 55 Road Widening Plan & Profile Sheet.
3. Signed Agent Authorization Form.
Office Locations: Harrisburg, PA Pittsburgh, PA Morgantown, WV State College, PA Hagerstown, MD
Affiliated Company: AMS of Skelly and Loy, Harrisburg, PA
USACOE 404 Certification Request
Apex Highway 55 road widening
August 24, 2004
Page 2 of 2
If you should have questions or require additional clarification during the review please feel
free to contact me at (919) 878-3535.
Sincerely,
Skelly and Loy
Jay Keller
Wetland Ecologist
cc: NCDWQ 401 Wetlands Unit
David Rowland, Apex Planning Director
Aiken & Yelle, Associates, PA
UNITED STATES POSTAL SERVICE
LISPS
• Sender: Please print your name, address, and ZIP+4 in this box •
NC DENR Division of Water Quality
Wetlands/401 Certification Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
First-Class Mail
Postage & Fees Paid
Permit No. G-10
0 1
o Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
® Print your name and address on the reverse
so that we can return the card to you.
o Attach this card to the back of the mailpiece,
or on the front if saace Dermits.
1. Article Addressed to:
Town of Apex
Post Office Box 250
Apex, NC 27502
DWQ# 04-1419 - Wake
A.
B. ceived by (Pri te/d Name) C. I
b. Is delivery address different from item 1?
If YES, enter delivery address below:
L7 Agent
? Addressee
ate of elivery
trz? I"
? Yes
? oo
3. Service Type
J M- Mail ? Express Mail
? Registered ? Return Receipt for Merchandise
? Insured Mail ? C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
2. Article Number 7004 11,60 0002 2706 5731
(Transfer from service label)
PS Form 3811, February 2004 Domestic Return Receipt ... -
DWQ# LA I Date ,?J???' Who Reviewed: h. Lkk?. AV,-
Plan Detail Incomplete
? Please provide a location map for the project.
? Please show all stream impacts including all fill slopes, dissipaters, and bank stabilization on the site plan.
? Please show all wetland impacts including fill slopes on the site plan.
? Please indicate all buffer impacts on the site plan.
? Please indicate proposed lot layout as overlays on the site plan.
? Please indicate the location of the protected buffers as overlays on the site plan.
? Please locate all isolated or non-isolated wetlands, streams and other waters of the State as overlays on the site plan.
? Please provide cross section details showing the provisions for aquatic life passage. ---- - -- - - -
? Please locate any planned sewer lines on the site plan.
? Please provide the location of any proposed stormwater management practices as required by GC
? Please provide detail for the stormwater management practices as required by GC
? Please specify the percent of project imperviousness area based on the estimated built-out conditions.
? Please indicate all stormwater outfalls on the site plan.
? Please indicate the diffuse flow provision measures on the site plan.
? Please indicate whether or not the proposed impacts already been conducted.
Avoidance and/or Minimization Not Provided
? The labeled as on the plans does not appear to be necessary. Please eliminate the or provide additiodal
information as to why it is necessary for this project.
? This Office believes that the labeled on the plans as can be moved or reconfigured to avoid the impacts to the
. Please revise the plans to avoid the impacts.
? This Office believes that the labeled on the plans as can be moved or reconfigured to minimise the impacts to the
Please revise the plans to minimize the impacts.
? The stormwater discharges at the location on the plans labeled will not provide diffuse flow through the buffer because
. Please revise the plans and provide calculations to show that diffuse flow will be achieved through the entire buffer. If it
is not possible to achieve diffuse flow through the entire buffer then it may be necessary to provide stormwater management
practices that remove nutrients before the stormwater can be discharged through the buffer.
Other
? The application fee was insufficient because over 150 feet of stream and/or over 1 acre of wetland impacts were requested. Please
provide $ . This additional fee must be received before your application can be reviewed.
? Please complete Section(s) on the application.
? Please provide a signed copy of the application.
? Please provide copies of the application, copies of the site plans and other supporting information.
Mitigation
? of compensatory mitigation is required for this project. -Please provide a compensatory mitigation plan. The
plan must conform to the requirements in 15 A NCAC 2H.0500 and must be appropriate to the type of impacts proposed.
? Please indicate which 404 Permit the USACE would use to authorize this project.
L
C;E2L?
n