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HomeMy WebLinkAbout20040621 Ver 1_COMPLETE FILE_20040420NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor July 22, 2004 Mr. Gary Hock Hock Development Group 4321 Medical Park Drive Suite 100 Durham, NC, 27704 Subject Property: Hock Plaza II Future Parking Lot William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director DWQ Project # 04-0621 Durham County Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Hock: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 299 feet of perennial streams for the purpose of constructing a parking lot at the subject property, as described within your revised application dated May 24, 2004 and received by the N.C. Division of Water Quality (DWQ) on May 28, 2004. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3402 (GC3402). The Certification(s) allows you to use Nationwide Permit(s) 39 when issued by the US Army Corps of Engineers (USACE). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non-discharge, and other applicable regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and' approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. 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/ncwetlands An P-.1 (lnnnrlunih JAffirm.?F'vn n,at.... r...r.i......r - CAW o.,,.,,. 1-414no/ Dne} Cnn-mn, Diner NorthCarolina Naturallil Mr. Gary Hock: Page 2 of 5 July 22, 2004 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: Amount Approved (Units) Plan Location or Reference Stream 299 (feet) May 24, 2004 application 404/LAMA Wetlands N/A (acres) Waters N/A (acres) Buffers N/A (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 wil aters 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. Mr. Gary Hock: Page 3 of 5 July 22, 2004 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. 6. Written Stormwater Management Plan (Final Plan Needed) An additional condition is that a final, written stormwater management plan (including a signed and notarized Operation and MaintenanceAgreement) shall be approved in writing by this Office before the impacts specified Jn this Certification occur per Condition No. 4 in GC No. 3402. The stormwater ffianagement plan must include worksheets, plans and specifications for stormwater anagement facilities that are appropriate for surface waters classified as Class C a Mnd designed to remove 85% TSS according to the most recent version of the NC DENR Stormwater Best Management Practices Manual. These facilities must be designed to treat the runoff from the entire project, unless otherwise explicitly approved by the Division of Water Quality. Also, before any permanent building is occupied at the subject site, the facilities (as approved by this Office) shall be constructed and operational, and the stormwater management plan (as approved by this Office) shall be implemented. The structural stormwater practices as approved by this Office as well as drainage patterns must be maintained in perpetuity. No changes to the structural stormwater practices shall be made without written authorization from the Division of Water Quality. A State Stormwater Permit (15 A NCAC 2H .1000) can be considered to meet this condition. 7. Deed Notifications Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers in order to assure compliance for future wetland, water and buffer impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or buffers approved for impact under this Certification Approval and Authorization Certificate. A sample deed notification can be downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be modified as appropriate to suit to this project. Mr. Gary Hock: Page 4 of 5 July 22, 2004 8. Culvert Installation Culverts required for this project shall be installed in such a manner that the original stream profiles are not altered. Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal profile) must be maintained above and below locations of each culvert. Culverts shall be designed and installed to allow for aquatic life movement as well as to prevent head cutting of the streams. If any of the existing pipes are or become perched, the appropriate stream grade shall be re-established or, if the pipes installed in a perched manner, the pipes shall be removed and re-installed correctly. The establishment of native, woody vegetation and other soft stream bank stabilization techniques must be used where practicable instead of rip rap or other bank hardening methods. If rip-rap is necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of Water Quality. 9. Compensatory Mitigation Using the Ecosystem Enhancement Program (EEP) Mitigation must be provided for the proposed impacts as specified in the table below. We understand that you wish to make a payment to the Wetlands Restoration Fund administered by the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. This has been determined by the DWQ to be a suitable method to meet the mitigation requirement. Until the EEP receives and')Clears your check (made payable to: DENR - Ecosystem Enhancement Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP should be contacted at (919) 733-5208 if you have any questions concerning payment into a restoration fund. You have one month from the date of this approval to make this payment. For accounting purposes, this Authorization Certificate authorizes payment into the Wetlands Restoration Fund to meet the following compensatory mitigation requirement: Compensatory Mitigation Required River and Sub-basin Number Stream 299 (feet) Cape Fear 03030002 Wetlands N/A (acres) Waters N/A (acres) Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that 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. Mr. Gary Hock: Page 5 of 5 July 22, 2004 This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions,. please telephone Cyndi Karoly in the Central Office in Raleigh at 919-733-9721 or Mike Horan in the DWQ Raleigh Regional Office at 919-571-4700. Sincerely, Alan W. Klimek, P.E. AWK/cbk Enclosures: GC 3402 Certificate of Completion cc: Paul G. Wiesner, ECS, Ltd., 9001 Glenwood Ave., `Raleigh, NC, 27617 USACE Raleigh Regulatory Field Office DWQ Raleigh Regional Office DLR Raleigh Regional Office File Copy Central Files Filename: 040621Hock(Durham)401 e?? NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director July 22, 2004 North Carolina Division of Water Quality 401 Water Quality Certification Summary of Permitted Impacts and Mitigation Requirements In accordance with 15A NCAC 2H.0500, Mr. Gary Hock of Hock Development Group has permission as outlined below to impact 299 linear feet of streams for the purpose(s) of constructing the proposed Hock Plaza H Future Parking Lot in Durham County. All activities associated with these authorized impacts must be conducted with the conditions listed in the attached Permit transmittal letter. THIS PERMIT IS NOT VALID WITHOUT THE ATTACHMENTS. COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM LOCATION: Hock Plaza H Future Parking Lot COUNTY BASIN/ SUB BASIN Durham Cape Fear 03030002 As required by 15A NCAC 211.0500, and the conditions of this Permit, you are required to compensate for the above impacts through the restoration, creation, enhancement or preservation of wetlands and surface waters as outlined below prior to conducting any activities that impact or degrade the waters of the state. Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest foot according to 15 2R.0503(b). Impacts: 299 Linear feet of streams Mitigation: 299 Linear feet of streams In correspondence dated March 25, 2004, the EEP indicated that up to 398 linear feet of stream mitigation will be conducted by EEP if necessary. 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: htto://h2o.enr.state.nc.us/ncwetlands An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper NorthCarohna Naturaliff Mr. Gary Hock: Page 2 of 2 July 22, 2004 One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and mail it to the Ecosystem Enhancement Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT PROGRAM. Signature Date ECOSYSTEM ENHANCEMENT PROGRAM 1619 Mail Service Center RALEIGH, N.C. 27669-1619 (919) 733-5208 filename: 040621Hock(Durham)EEP 7 Fj ENGINEERING CONSULTING SERVICES, LTD. Geotechnical *Construction Materials *Environmental May 24, 2004 Mr. Todd Tugwell Raleigh Regulatory Field Office US Army Corps of Engineers 6508 Falls of the Neuse Road Suite 120 Raleigh, NC 27615 Mr. John Dorney NCDENR - Division of Water Quality Wetlands/401 Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Mr. Tugwell, WETLAIVI)S/401 GROUP "Ay 8 2004 WATE& UALMISE GTIGy Please accept the re-submittal of the construction plans for the 299 linear feet of perennial stream channel impact associated with the construction of a parking lot for the Hock Plaza II building. The property is located adjacent to an unnamed tributary of Sandy Creek in the Cape Fear River Basin, west of Douglas Street and north of Erwin Road, in Durham, Durham County, North Carolina. Per your letter dated April 28, 2004 (Action ID No. 200321321) you indicated that our original plans showed 330 linear feet of stream impact. Please note that the plans have been revised and are current with our original application to impact 299 linear feet of stream channel on the site. You will also note that we still plan on payment to the WRP for mitigation purposes. We have included a copy of the original application for your review along with the revised plans. Please contact us as soon as possible if additional information or drawings are needed or if you require a site visit. Sincerely, ENGINEERING CONSULTING SERVICES, LTD. Paul G. Wiesner Staff Scientist/ Project Manager 9001 Glenwood Avenue, Raleigh, North Carolina 27617-7505 • (919) 861-9910 -FAX (919) 861-9911 • 1-800-327-5832 •www.ecslimited.com Aberdeen, MD* • Atlanta, GA • Austin, TX • Baltimore, MD • Buford, GA* • Chantilly, VA • Charlotte, NC • Chicago, IL • Dallas, TX Danville, VA • Frederick, MD • Fredericksburg, VA • Greensboro, NC • Greenville, SC • Norfolk, VA • Orlando, FL • Raleigh, NC Richmond, VA • Roanoke, VA • San Antonio, TX • Williamsburg, VA • Wilmington, NC • Winchester, VA* • York, PA* *Testing Services Only 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".) I. 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-39 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: Mr. Gary Hock/Hock Development Corp. Mailing Address: 4321 Medical Park Drive Suite 100 Durham NC 27704 Telephone Number: 919-471-2895 Fax Number: 919-471-6140 E-mail Address: shubrich(,gmhock.com 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: Paul G. Wiesner Company Affiliation: ECS, Ltd. Mailing Address: 9001 Glenwood Avenue Raleigh, NC 27617 Telephone Number: 919-861-9910 Fax Number: 919-861-9911 E-mail Address: pwiesner(a)ecslimited.com Page 5 of 13 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: Hock Plaza II Future Parking Lot 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 0812-15-62-7641 4. Location County: Durham Nearest Town: Durham Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks, etc.): Located to the northwest of the intersection of Erwin Rd and Douglas Street in Durham, NC (see vicinity map). 5. Site coordinates, if available (UTM or Lat/Long): N/A (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): 0.66 Acres 7. Nearest body of water (stream/river/sound/ocean/lake): Sandy Creek (gpprox. 2,200 ft. west) 8. River Basin: Cape Fear River Basin (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/mgps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The site is currently undeveloped and wooded with a small creek transecting the property from east to west. The site is located in an urban portion of Durham NC Apartment buildings are located to the north and south of the site. Page 6 of 13 10. Describe the overall project in detail, including the type of equipment to be used: The stream will be piped and filled to construct a parking lot for the adjacent Hock Plaza Il building, which is currently under construction. Track hoes, backhoes, loaders, and scrapers will be utilized during construction of the parking lot. 11. Explain the purpose of the proposed work: Pipe and fill of the stream is the only feasible way to develop the 0.66-acre site based on site restraints and size. The adjacent Hock Plaza II construction project was planned with ample parking located underground beneath the building. During construction, bedrock was encountered at an elevation that the entire underground parking; area could not feasibly be constructed since blasting is not allowed due to adjacent gasoline stations. The only alternative for additional overflow parking for the Hock Plaza II building is utilizing the subject site for a parking area. There is no wu to avoid and/or minimize stream impacts on the site due to the size of the parcel and the stream location (see figures). 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. The on-site stream has been determined perennial by Mr. Steve Mitchell of NC-DWQ. Based on a conversation with the owner, Todd Tugwell has also visited the site. No 404/401 permits have been requested or obtained for the site. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. No future permit requests are 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 Page 7 of 13 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. 1. Provide a written description of the proposed impacts: Proposed impacts include pipe and fill of 299 linear ft of stream determined perennial by Mr. Steve Mitchell of the NC DWQ for a pMposed overflow parking lot area for the Hock Plaza II building. 2. Individually list wetland impacts below: 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 (linear feet) Type of Wetland*** * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year 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.fema.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: Total area of wetland impact proposed: 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? leasespecify) N/A Pipe and Fill 299 No blueline shown on USGS - UT of a UT of Sandy Creek based on Soils Map Perennial per DWQ * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associatea rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. Page 8 of 13 ** 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.szov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.tol2ozone.com, www.mMuest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 299 linear ft. 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 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 identity temporary impacts. impacts mcmae, oui are nor nmiiea to: mi, excavauun, ureugl„g, 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. Pipe and fill of the stream is the only feasible way to develop the 0.66-acre site based on site restraints and size The adjacent Hock Plaza II construction project was planned with ample parking located underground beneath the building. During construction, bedrock was encountered at an elevation that the entire underground parking area could not feasibly be constructed since blasting is not allowed due to adjacent gasoline stations. The only alternative Pace 9 of 13 for additional overflow parking for the Hock Plaza II building is utilizing the subject site for a parking area There is no way to avoid and/or minimize stream impacts on the site due to the size of the parcel and the stream location (see figures). 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 ht!p://h2o.enr.state.nc.us/ncwetlands/stlingide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Payment to NCWRP - Acceptance letter from WRP is attached _ 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 Pace 10 of 13 to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount,of stream mitigation requested (linear feet): 299 lin. Ft./398 lin. Ft. max. (letter attached) 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): VIII. 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 ? IX. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify. V Yes ? No ® If you answered "yes", provide the following information: Page 11 of 13 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 * 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. 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. X. 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. The 66 acre site is currently undeveloped During development an approximately 0.60-acre portion of the site will be developed as an asphalt parking lot Stormwater will be directed to an on-site retention pond that will handle stormwater run off. XI. 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. The site will be a parking t only. Surrounding_pMperties currently utilize city sewer and water services. XII. 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 Pace 12 of 13 XIII. 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). y/r9/ S' Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Nee 13 of 13 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 5U" P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF April 28, 2004 Regulatory Division Action ID No. 200321321 Mr. Gary Hock Hock Development Corporation 4321 Medical Park Drive, Suite 100 Durham, North Carolina 27704 Dear Mr. Hock: Reference is made to the application received in our office on April 20, 2004, submitted on your behalf by Mr. Paul Wiesner of Engineering Consulting Services, Ltd., for Department of the Army (DA) nationwide permit authorization for proposed impacts totaling 299 linear feet of perennial stream channel associated with the construction of a parking lot for the Hock Plaza R building. The property is located adjacent to an unnamed tributary of Sandy Creek in the Cape Fear River Basin; west of Douglas Street and north of Erwin Road, in Durham, Durham County, North Carolina. Nationwide Permit Regional Conditions approved on May 17, 2002 state that "individual or multiple NWPs may not be used for activities that result in the cumulative loss or degradation of greater than 300 total linear feet of perennial streambed or intermittent streambed that exhibits important aquatic function(s)". Your permit application states that 299 linear feet of stream channel will be impacted by the proposed project, but plans submitted with your permit application indicated that approximately 330 linear feet of channel will be impacted by relocation or placement of riprap. Please note that the measurement of stream impact should be taken along the centerline of the stream channel, as it exists on site, rather than along the length of pipe proposed to be installed. • Accordingly; the development activities proposed in your permit application will require individual DA permit authorization (application enclosed). If you are unable to modify your plans such that impacts fall below the allowable thresholds for nationwide permit authorization, please note that the DA and the U.S. Environmental Protection Agency (EPA) signed a memorandum of agreement (MOA) on Feniuary 6, 1990 that established procedures to determine the type and level of mitigation necessary to comply with the Clean Water Act Section 404(b)(1) Guidelines. This MCA provides for first, avoiding impacts to waters and wetlands through the selection of the least damaging, practical alternative; second, taking appropriate and practical steps to minimize impacts on waters and wetlands; and finally, compensating for any remaining unavoidable impacts to the extent appropriate and practical. To enable us to process your application in full compliance with this MOA, we request that you provide the following additional information: Printed on ® Recycled Paper , a. Permits for work within wetlands or other special aquatic sites are available only if the proposed work is the least environmentally damaging, practicable alternative. Please furnish information regarding any other alternatives, including upland alternatives, to the work for which you have applied and provide justification that your selected plan is the least damaging to water or wetland areas. Specifically, we need information regarding alternative site designs that would result in reduced impacts to streams on the site. b. It is necessary for you to have taken all appropriate and practical steps to minimize wetland losses. Please indicate all that you have done, especially regarding development and modification of plans and proposed construction techniques, to minimize adverse impacts. Such information would include an evaluation of alternative designs, including the use of retaining walls to reduce the reach of fill slopes, which would reduce impacts to the stream channel. c. Finally, the MOA requires that appropriate and practical mitigation will be required for all unavoidable adverse impacts remaining after all appropriate and practical minimization has been employed. Please indicate your plan to mitigate for the projected, unavoidable loss of waters or wetlands or provide information as to the absence of any such appropriate and practical measures. (The mitigation plan submitted with your nationwide permit application is acceptable should you choose to pursue individual permit authorization.) Alternatively, should you choose to revise your plans and reduce the proposed impacts to streams channels to less than 300 linear feet, you may resubmit your application to request nationwide permit authorization. Please note that as in paragraph b above, Nationwide Permit General Condition 19 also mandates that projects must be designed to avoid and minimize adverse effects to waters of the United States to the maximum extent practicable on the project site (i.e., onsite). Please be reminded that issuance of DA authorization must precede any placement of excavated or fill material within any waters of the U.S. on your property. Should you have any questions regarding your application for DA permit authorization please call me at telephone (919) 876-8441, extension 26. Sincerely, Todd J. Tugwel Regulatory Project Manager, Raleigh Field Office Enclosure 2 Copies Furnished without enclosure: Mr. Paul Wiesner Engineering Consulting Services, Ltd. 9001 Glenwood Avenue Raleigh, NC 27617 Mr. John Dorney North Carolina Department of Environment and Natural Resources Division of Water Quality Wetland/401 Unit 1650 Mail Service Center Raleigh, NC 27699-1650 3 Resources Michael F. Easlev, Governor March 25, 2004 Paul G. Wiesner Staff Scientist/Project Manager William G. Ross Jr., Secretary Engineering Consulting Services, Ltd. 9001 Glenwood Avenue Raleigh, NC 27617-7505 Subject: Project:. Hock Plaza Parking Lot County: Durham The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept payment for stream impacts associated, with the subject project. Please note that the decision by the NCEEP to accept the mitigation requirements of this project does not assure that this payment.:will be approved by the U.S. Army Corps of Engineers and. the N.C. Division of Water Quality Wetlands/401 Unit. It is the:responsibility of the applicant to contact these agencies to determine if payment to the NCEEP for impacts associated with,this project is appropriate. This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this.acceptance will expire. Based on the information supplied by you in a letter dated March 22, 2004 the stream restoration_that is'necessary to satisfy the compensatory mitigation requirements for this project Ys sumtnarized in the following .table `I"he maximum amount of mitigation that the NCEEP will acce t for this ro'ect is also indicated in this table.. Stream (linear feet) Wetlands RiParian . acres Ri Arian Buffer p_.. (ft2 Impacts 299 Mitigation Maximum 398 The stream mitigation will be provided as specified in the 401..Waier Quality Certification and/or Section 40- Pernut: for impacts associated with the subject project in Cataloging Unit .0303.0002 of the Cape Fear River Basin, :The mitigation will be performed in accordance with the Memorandum of Lrnderstanding between the N:C. Department of Environment and Natural Resources and the U.S. Army Corps of Engineers dated November 4, 1998, If you have any questions or need additional information, please contact Carol Shaw at (919) 733-520.8: Sincerely, R XnalehEV&errel Director of Operations cc: Cyndi Karoly, Wetlands/401 Unit Todd Tugwell, USACOE-Raleigh Steve Mitchell, DENR Regional Office-Raleigh File NG DENR Ecosystem Enhancement Program One 19iQ hAnii Qnrnrina r`.anfar Raininh Ainrth rnrniinn 97ANARIP NOfthCarohna Engineering 1999 Aerial Map Figure No. Consulting Durham County GIS 1 p Services, LTD. Durham, NC Not To Scale ECS Project # Hock Plaza 11 Proposed Parking Lot 2180 Engineering Consulting Services, LTD. Hock Plaza II Subject: Hock Plaza II From: "Tugwell, Todd J SAW" <Todd.J.Tugwell @ saw02.usace.army.mil> Date: Thu, 13 May 2004 14:36:19 -0500 To: "Cyndi Karoly (E-mail)" <cyndi.karoly@ncmail.net> Cyndi, We have already notified them that the project will require an EP unless modified. I think I send John a copy of the letter. If you can't find it, let me know. Thanks, Todd ` n p d j lit -----Original Message----- lly l 14 ` OT From: Corbett, Cindy M SAW Sent: Thursday, May 13, 2004 2:03 PM To: Tugwell, Todd J SAW Subject: From Cyndi Karoly at DWQ -----Original Message----- From: Cyndi Karoly [mailto:cyndi.karoly@ncmail.net] Sent: Thursday, May 13, 2004 2:01 PM To: sawweb-ralreg@usace.army.mil Subject: From Cyndi Karoly at DWQ 17?L( fSdVe,14 I'm not positive which of you guys should get this - I suspect Todd if my most recent O-chart is correct. I lost my e-mail addresses in our recent move. Todd - Steve Mitchell mentioned that the "Hock Plaza II" future parking lot in Durham County might require an Individual Permit. They've applied for a NW 39. Can you confirm which it is? Also, please e-mail me so I can capture your address and send that buffer attachment for the PCN form. Thanks. 1 of 1 5/14/04 9:36 AM MEMORANDUM TO: John Dorney Regional Contact: Non-Discharge Branch WO Supervisor: Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Hock Plaza II Future Parking Lot Project Number 04 0621 Recvd From APP Received Date 4/20/04 Recvd By Region Project Type parking lot County Durham County2 Region Raleigh Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. - 39 Stream 77 OO N F 16-41-1-11 Fc NSFd ??.6(15. F 299.0(1 299.00 F Mitigation Wetland MitigationType Type Acres Feet Stream W" Stream 299.00 F_ i Is Wetland Rating Sheet Attached? O Y ON Did you request more info? O Y ON Have Project Changes/Conditions Been Discussed With Applicant? O Y O N Is Mitigation required? O Y O N Recommendation: O Issue O Issue/Cond O Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: May 13, 2004 Did not include dissapator pad and may be IP from ACOE Looks more like 350 linear feet of stream. Not exactly wild about allowing a P stream to be piped BUT. Need more money for the total impact cc: Regional Office Central Office Page Number 1 Triage Check List Date: G'4 - 2-2 _ . Q -( Project Name: 2 v V z w < DWQ#: C- CXa'Z J 'y ern County: To: ? ARO Mike Parker ` ? WaRO Tom Steffens ? FRO Ken Avenge ? WiRO Noelle Lutheran ? MRO Alan Johnson ? WSRO Daryl Lamb RRO Steve Mitchell From: -??ti f d- 121 Telephone (919) The file attached is being forwarded to your for your evaluation. Please call if you need assistance. Stream length impacted ? Stream determination ? Wetland determination and distance-to blue-line surface waters on USFW topo.maps. PMinimization/avoidance issues ? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman) ? Pond fill ? Mitigation Ratios 0 Ditching ? Are the stream and or wetland mitigation sites available. and viable? ? Check drawings for accuracy ? Is .the application consistent with pre-application meetings? ? Cumulative impact concern Comments: L. vn/\ Curj --L j-?- FILE COPY Office Use Only: r, Form Version May 2002 USACE Action ID No. DWQ No. 4 062 (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-39 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: ? H. Applicant Information WETLANDS/ 401 GROUP 1. Owner/Applicant Information APR 2 0 2004 Name: Mr. Gary Hock/Hock Development Corp. Mailing Address: 4321 Medical Park Drive Suite 100 ION Durham NC 27704 P\? Telephone Number: 919-471-2895 Fax Number: 919-471-640 E-mail Address: shubrich(@Pmhock.com 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: Paul G. Wiesner Company Affiliation: ECS Ltd. Mailing Address: 9001 Glenwood Avenue Raleigh, NC 27617 Telephone Number: 919-861-9910 Fax Number: 919-861-9911 E-mail Address: Rwiesnerna,ecslimited.com Page 5 of 13 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: Hock Plaza II Future Parking Lot 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 0812-15-62-7641 4. Location County: Durham Nearest Town: Durham Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks, etc.): Located to the northwest of the intersection of Erwin Rd. and Douglas Street in Durham, NC (see vicinity map). 5. Site coordinates, if available (UTM or Lat/Long): N/A (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): 0.66 Acres 7. Nearest body of water (stream/river/sound/ocean/lake): Sandy Creek (approx. 2,200 fto west) 8. River Basin: Cape Fear River Basin (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/mVs/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The site is currently undeveloped and wooded with a small creek transecting the property from east to west. The site is located in an urban portion of Durham NC Apartment buildings are located to the north and south of the site. Page 6 of 13 10. Describe the overall project in detail, including the type of equipment to be used: The stream will be piped and filled to construct a parking lot for the adjacent Hock Plaza II building, which is currently under construction. Track hoes, backhoes, loaders, and scrapers will be utilized during construction of the parking lot. 11. Explain the purpose of the proposed work: Pipe and fill of the stream is the only feasible way to develop the 0.66-acre site based on site restraints and size. The adjacent Hock Plaza II construction project was planned with ample parking located underground beneath the building. During construction, bedrock was encountered at an elevation that the entire underground parking area could not feasibly be constructed since blasting is not allowed due to adjacent gasoline stations. The only alternative for additional overflow parking for the Hock Plaza II building is utilizing the subject site for a parking area. There is no way to avoid and/or minimize stream impacts on the site due to the size of the parcel and the stream location (see figures). 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. The on-site stream has been determined perennial by Mr. Steve Mitchell of NC-DWQ. Based on a conversation with the owner, Todd Tugwell has also visited the site. No 404/401 permits have been requested or obtained for the site. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. No future permit requests are 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 Page 7 of 13 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. 1. Provide a written description of the proposed impacts: Proposed impacts include pine and fill of 299 linear ft. of stream determined perennial by Mr. Steve Mitchell of the NQ DWQ for a proposed overflow parking lot area for the Hock Plaza II building. 2. Individually list wetland impacts below: 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 (linear feet Type of Wetland*** i i i i i i * 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 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 biLtp://www.fema.izov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: Total area of wetland impact proposed: 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 Im act Perennial or Intermittent? (please secif N/A Pipe and Fill 299 No blueline shown on USGS - UT of a UT of Sandy Creek based on Soils Map Perennial per DWQ * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. Page 8 of 13 ** 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.usas.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.mapJc uest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 299 linear ft. 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 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. Pine and fill of the stream is the onlv feasible way to develop the 0.66-acre site based on site restraints and size. The adiacent Hock Plaza II construction project was planned with ample parking located underground beneath the building. During construction, bedrock was encountered at an elevation that the entire underground parking area could not feasibly be constructed since blasting is not allowed due to adjacent gasoline stations. The only alternative Page 9 of 13 for additional overflow parking for the Hock Plaza II building is utilizing the subject site for a parking area. There is no way to avoid and/or minimize stream impacts on the site due to the size of the parcel and the stream location (see figures). 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 http://h2o.enr.state.nc.us/ncwetlands/stnngide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Payment to NCWRP - Acceptance letter from WRP is attached 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 Page 10 of 13 to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): 299 lin. Ft./398 lin. Ft. max. (letter attached) 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): VIII. 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 ? IX. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No ® If you answered "yes", provide the following information: Page 11 of 13 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 * 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. 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. X. 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. The 66 acre site is currently undeveloped. During development an approximately 0.60-acre portion of the site will be developed as an asphalt parking lot. Stormwater will be directed to an on-site retention pond that will handle stormwater run off. XI. 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. The site will be a parking of only. Surrounding properties currently utilize city sewer and water services. XII. 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 Page 12 of 13 XIII. 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). ?/ /C . Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 13 of 13 +T MCDENR North Carolina Department of Environment and Natural Resources Michael F. Easlev, Governor William G. Ross Jr., Secretary March 25, 2004 Paul G. Wiesner Staff Scientist/Project Manager Engineering Consulting Services, Ltd. 9001 Glenwood Avenue Raleigh, NC 27617-7505 Subject: Project:. Hock Plaza Parking Lot County: Durham The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept payment for stream impacts associated with the subject project. Please note that the decision by the NCEEP to accept the mitigation -requirements of this project does not assure that this payment will be approved by the U.S. Army Corps of Engineers .and, the N.C. Division of Water. Quality Wetlands/401 Unit. It is the responsibility of the applicant to contact these agencies to determine if payment to the NCEEP for impacts associated with this project is appropriate. This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404 PermitA01 Certification within this time frame, this acceptance will expire. Based on the information supplied by you in a letter dated March 22, 2004 the stream restorationahat is necessary to satisfy the compensatory mitigation requirements for this project issummarized in the following table: The maximum ' amonnt of mitigation that the N('F.F.P will accent fnr this nrniect is alcn indirati-A in Chic tnhlP Stream (linear feet) Wetlands Riparian (acres) Riparian Buffer (ft2) Impacts 299 Mitigation Maximum 398 The stream mitigation will be provided as specified in the 401, Water Quality Certification and/or Section 404 Permit for impacts associated with the subject project in Cataloging Unit 03030002 of the Cape Fear River Basin. The mitigation' will be performed in accordance with the Memorandum of Understanding between the N.C.'Department of Environment and Natural Resources and the U.S. Army Corps of Engineers dated November 4, 1998, If you have any questions or need additional information, please contact Carol Shaw at (919) 733-52081 Sincerely, R nald E. ":7? Director of Operations cc: Cyndi Karoly, Wetlands/401 Unit Todd Tugwell, USACOE-Raleigh Steve Mitchell, DENR Regional Office-Raleigh File NC DENR Ecosystem Enhancement Program One 1619 Mail Service Center, Raleigh, North Carolina 27609-1619 NOrthCarohna Phone: 919-733-5208 0 FAX: 919-733-53211 Internet: h2o.enr.state.nc.us/wrpl Aah(igii& N ji-e =sr OWNER 1 :l Famly LLC. Weal Perk Drive hem NC, 27704 812-15-62-7641 91D 212-08-004 .66 acres 37 square feet - NoperO'a1` I LaheWr Farleers, LLC A PlN6lJ'.12-I5-612658 ParcellD 287-01-025 1g=none 1-f 03 acres sed=none ore Fear ity of Durham Topo D BUILDING AREA = n/a FIO (FAR) = nla 'ES- ;getat on: At the start of grading involving grade around a tree or stripping of topsoil, a it shall be made at the edge of the tree save is other erosion control measures are action fencing shall be installed on the side from the tree trunk and shall remain in on in the vicinity of the trees is complete. No , or equipment and no trespassing shall be dary of the protected area. rea: Equals one foot of radius for every inch rees, or six foot radius, whichever is allowed within this area. sements: Centerline of 30 foot wide public asement. Ownership of, and responsibility Antenance of stone water facilities in this the Grantor. If the property is within or ity, the easement and access paints to the the terms and restrictions slated in the Rights and Privileges to the City of Durham ment Facility Easements" recorded in Real 208, which document is incorporated nd Revised Derlaratinn do not rreata the EXISTING _ CU RB UT E \. .?XISTI?, ? CURB INLET 30 ..?' •? I -1Y17 al9 Px x , C r -. -I e r r T- T--q- r?^ " =UN `PROPOSED QE DURHAM ' STORMDRAINAOE EASEMENT-/ BMP MAINTENANCE EASEMENT RCP 7M w '? ? ?L.J 2-.J l? GEC XTEN ED DRY DETENTION:- s URFA ARE 14€1p of A OLUM STORED - 8000 of A°X. Gr PIPE OUTLET / INT'ERT OUT=389.? / I i REMOVE 10-15 FEET101F PIPE FOR JUNCTION BOX C006TRUCTION--? f PROPOSED RiM1349.0 .3 39.0 I t TIP ^-_ pyl EXISTING EXISTING I \ IPlgERILiTTEA'T CURB EXISTING CCIT \ \ . ?STRg EX 36" .?PE UT&B2'` CURH CTTI INyE OUT--mg. it _ ?.12EM VE 10-1,9oF"EET{h? PIPE PO -' SW STREAM BUFFER -- JUNCTION 8OX CONSTRUCTION ? l ZONING NC PROPOSED ?'RIM?34:0 ,NV=439, !1 Prapertyaf f ""?? ?' } CFPParraersho + PGV0811.19-62-73 78 Parcel10112-08-00.f 3069ocres ° STREET TREES REQUIRED TOTAL LENGTH OF ROW - 7b' / I r STTEET TREES REGA IMI) . 1 every 70 1 tANOSCAPE PLANT190S PRO4i0ED: 30 IF - W to f SYM. QTY. BOTANICAL NAME HEIGHT CALIPER REMARKS common nome 2 RUB RED 5dldXr) RED 12-16' 2-1 f7-S' STREET TRIES NO TRESPASSING / TREE PROTECTION AR PRt31 o ENMAR ZONA PROTECTORA PARR LOS ARMES SIGNS SPACED 75-100 FEET APART Propertyof I ) R'4CL4mt1e-P--1-ersh0 P1N0812--/5.63-3929 L ParcellD 287-0%004 l 4407acrer I 80" RCP DO> STREAM BUFFER _ "INV OUT=435.0 ZONING NC i (CONC. HEADWALL) / Site Plan 1C C C C CJ 0 OCDOCDCD=CD 0CDC0CDC-) iD i?,... III S-AFETY >'. E8(EPdT RGE ORM Tel I The following general spec al conditions A. to this site- I I a, Landscape Re-inspeclionfee; Each landscaping compliance inspection I after the initial inspection will incur a $100 re-inspection fee. Payment J must be received by the Durham City County Planning Department prior to reinspection. E b. All sizes, matedals, slopes, locations, extensions and depths for all proposed utilities (waterlines, sanitary sewer lines and storm drainage conveyance systems ) shall be reviewed at construction drawing submittal and be subject to approval by the City of Durham Public Works Department based upon the design criteria and standards set forth by the Public Works Department. The following must be done prior to issuance of a grading permit: i c. Tree Protection Note: Tree protection fencing must be in place prior to any demolition, land disturbance or issuance of a grading permit. I The following must be done prior to installation of any done drainage yc kl ?I o; I3l ? a E kI! C . " sU W zz. / The 211-07-004 I is K nr;3t!3'nit r 0 0 i rht P- . a? V. ?n KK?: n i? Sr , PLPi? ?, ulytT-233 ,?, ttrh'*r.., 1v. ax.Re A N U ---? (-- E Sr w N ra 'y 0 0 m H Z mm Y EMN ROAD Al" 'Duke HasW VICINITY MAP lI 1 EXISTING ' APARTMENTS EXISTING CURB CUT \ ?\ \ \ CURB IINLET .\ us 30 C ,a OWNER The GMH Fan* LL.C. 4321 Medcal Park Drive Durham NC, 27704 PIN 0812-15-62-7641 (?/ _ ... .... ... .. - --. _. __...I... ?.... _.__; .....-EXISTING ... _ , ? I Parcel ID 212-06-004 a' .66 acres T J EXTENEd DRY DETENTION: EXISTING INTERMITTENT ERISTINC EX. 36".ITIPE SURFACCE AREA = 1400 sf CURB CUT STREAM.. CURB CUT pUTLET 28,767 sWare feet ) VOLUM$ STORED =6000 cf STREAM. ?- _ INVER"' r=3b9.J / / °` - - - - i ZAVE 10-1VFEET OF PIPE F 50' STREAM BUFFER - ---•??' JUNCTION aq)X CONSTACTION I / EXISTING PAR"NG LOT ZONING NC PROPOSED1IM349D.0 F..pwyD/• / A A I 1 1. ZONING: NC LDLR5><aP4'*A&7 LLC'J \ \ PLNA4/1-/J-62.1618 2. IMPERVIOUS AREA Pmre2mze7-0?ozJ \ P"?nyf ! I > ETdsting=none IJ.OJ? CPPPmrneslp / Proposed--none 3. RIVER BASIN: Cape Fear 4. TOPOGRAPHY: City of Durham Topo 5. BUFFERS = fila 6. TOTAL PROPOSED BUILDING AREA = nfa 7. FLOOR AREA RATIO (FAR)= n1a STANDARD NOTES: Protection of erdsft vegetation. At the start of grading involving the lowering of existing grade around a tree or stripping of topsoil, a dean, sharp, vertical cut shall be made at the edge of axe bee save area atthe same time as other erosion Control measures are Installed. The bee protection femdng shall be installed on the side of the cut farthest sway firm Me tree trunk and shell remain In place until all construction in the vicinity of Me bees Is complete. No storage of materleb, fill. or equipment and no trespassing shag be allowed within tine boundary of the protected area. Roo Zone Protection Area: Equals one foot ofmdius for every Inch of diameter of extstingbees, orsbrfoot radius, whichever Is greater. No disturbance alcoved within this area, City Storm Drainage Easemens: Centerline of 30 foot wide public storm wafadreinage easement. Ownership of, and responsibility for Improvement and malribmance of storm water WHO" In this easement remains with the Grantor. tithe property is within or becomes a pat of the City. the easement and access points to the easement are subject to tire tams and restrictions stated In the 'Revised Declaration of Rights and PriAleges to 00 City of Durham in Storm Water Management Facility Easements" recorded in Real Estate Book 7298, Page 200, which document Is incorporated herein. This easements and Revised Declaration do not create the obligation to provide pxNm maintenance. No buildings, structures, fills, embankments or obstructions permitted within the easement except according to those tams. ` \ PAY0811-2121-7378 / EXISTING PardZ) J 8 ? I APARTMENTS TOTAL taNGM OF ROW - 13' i STREET TREES REQUIRED - 1 ewny 30 1 LAIMSCAPE 1 tt TREES - 3 W001 E -3' CAI. (T PER 30 LF - 90 LF) 1 1 ?; ? 111 _ ? / 111 SYM. QTY. BOTANICAL NAME HEIGHT CALIPER REMARKS common name 2 RIUM RED ACER R 'RED MAPLE. SSUNSET) -t/Y-5' l SIAEET 1RfES III II I I Y.IC SIP P/NA4/A1J63.3020 PareJm 1B7-0/•A7F !v(07oon 1 ?- 60, RCP 50' STREAM BUFFER ) -- T- INV OUT=335.0 ZONING NC (CONC. HEADWALL) EXISTING PARAYNG LOT ?,\\ 35p_ M % 17' %'' - P -J8+06 - - GRASS-LINED 30 -PROPOSED G7Y QF-DURHA \? WALE STORMDRAINAGE EASEMENTS N- BMP MAINTENANCE EASEMENT xl i 1 II EX. 54" PIPE OUTLET / II INVERT OUT=339.1 / REMOVE 10-15 FEET?OF PIPE FOR JUNCTION BOX UCTION PROPOSED R01_ 49.0 339.0 I { -? - - TP ---- -?_ i 250' - 6 0" RCP I ' ' W 4 0 JI3 ?. i - ?_ 'S-86'174'OO Z t- - - - ?- / -__ ?? ` -- ----- 350 NO TRESPASSING / TREE PROTECTION Art FROMM 04TUR ZONA PROMOTORA PARA LOS AP.OOLES STNS SPACED 15-100 FEET APART f W GRAPHIC SCALE (a 1'aRT ) Site Plan 10' O.G. MAX. O 000000 000000 Tree Protection Fence rds To W/ SPECIAL CONDITIONS FOR SITE APPROVAL Thefdlowpw general special conditions apply to this site: a. Landscape Re-Inspection fee: Each landscaping compliance Inspection after the initial Inspection wig Incura $100 re-Inspection fee. Payment must be received by the Durham City County Planning Department prior to reimpSCSDn. b. Al sizes, matatals, slopes, locations, extensions and depths tau all proposed uWas (wmtednes, sanitary sewer lines and storm drainage conveyance systems ) shag be reviewed at construction drawing submittal and be subject to approval by the City ofDudsm Pubncvkft Department based upon the design Citeda and standards set forth by the Public Works Department The fbiWAng must be dos odor to Issuance ota grading permit c. Tree Protection Note: Tree protection Tani gmustben glare prior to my demolition, laid disturbance orissuaxce ofa grading pem@. The following must be done prior to Installation of any storm drainage. Construction OraMngs Required: The design engineer (a NCPE)w9lsuhmg3 sets ofconstrudkrrdmwbga, (plan and pxoDe if requksd)to City Engineabg fareview andapproval before stating construction. This subMtlalmust be done priors applying for abuilding paring. NOTE: The approval of construction drawings Is separate from site plan approval. > n II II II A1AN E II II II II lx i j 1 11 I I i I I II,I T-P,? ? II g III w 'III - all ? III core n JI ?, II Iu T;s,6" ?yttC J*hVX1d/J•72-4W Pmcelm 111-07-" IWI a F o° y a z z ?Q DoE- z W 0 W I x a° SITE PLAN July 17,2003 DRAWN BY., WDM S1 V i f ' i. 1 (9i _t 57 ?..... 5255 IV NW ' ry',SCALE 1:24000 0 RM 314 Engineering Area Topographic Map Figure No. Consulting Northwest Quadrangle 2 D Services, LTD. Durham, NC Scale: Hock Plaza II Proposed Parking Lot ECS Project # i wrw?a?sw isw?+ss 1"=2000' ar?.w? ?n? Durham, North Carolina -. ?... +a. «w ?a+?c?ao.s s:area'sr+en:Kwu.??.a?r?oo--,-,.::e?xsx?easriww ]2180 P > A Duke Homestead Engineering Consulting Services, LTD. Engineering 1971 Soil Survey Map Figure No. Consulting Durham County 3 0 Services, LTD. Durham, NC Scale: Hock Plaza 11 Proposed Parking Lot ECS Project # 1"-1320' Durham, North Carolina 12 1 80 Engineering Consulting Seri ices, LTD. Engineering 1999 Aerial Map Figure No. Consulting Durham County GIS 1 D Services, LTD. Durham, NC Not To Scale F,CS Project # Hock Plaza II Proposed Parking Lot 12180 Durham. North Carolina Engineering Consulting Services, LTD. C Prr,'Fk; ? 5,255 IV NW SCALE 1:24 000 Duke Engineering Area Topographic Map Figure No. " Consulting Northwest Quadrangle 2 0 Services, LTD. Durham, NC Scale: Hock Plaza 11 Proposed Parking Lot ECS Project # 1"=2000' Durham, North Carolina ""0 Engineering Consulting Services, LTD. Engineering 1971 Soil Survey Map Figure No. Consulting Durham County 3 0 A&% E Services, LTD. Durham, NC A i I Scale: Hock Plaza II Proposed Parking Lot ECS Project # I"-1320' Durham, North Carolina 12180 Engineering Consulting Services, L TD.