HomeMy WebLinkAbout20200546 Ver 1_PCN Form Submission_20200423DWR
mrlslon of Water Resources
Pre -Construction Notification (PCN) Form
April 11, 2020 Ver 3.1
Initial Review
Has this project met the requirements for acceptance in to the review process?*
r Yes
r No
Is this project a public transportation project?*
G Yes r No
Change only if needed.
BIMS # Assigned
20200546
Is a payment required for this project?*
r No payment required
r Fee received
r Fee needed - send electronic notification
Reviewing Office *
Asheville Regional Office - (828) 296-4500
Information for Initial Review
1a. Name of project:
Kenilworth Road Culvert Replacement
1a. Who is the Primary Contact?*
Troy Beasley - WithersRavenel
1b. Primary Contact Email:*
tbeasley@Wthersravenel.com
Date Submitted
4/23/2020
Nearest Body of Water
Ross Creek (Lake Kenilworth) - Stream Index 6-78-23
Basin
French Broad
Water Classification
Class B
Site Coordinates
Latitude:
35.585263
A. Processing Information
County (or Counties) where the project is located:
Buncombe
Is this a NCDMS Project
r Yes r No
Longitude:
-82.536742
Is this project a public transportation project?*
r Yes r No
Is this a NCDOT Project?*
r Yes r No
1a. Type(s) of approval sought from the Corps:
W Section 404 Permit (wetlands, streams and waters, Clean Water Act)
r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Version#*
1
What amout is owed?*
IT $240.00
r $570.00
Select Project Reviewer*
Kevin Mitchell:eads\rkmitchell
1c. Primary Contact Phone:*
(910)509-6512
U
1b. What type(s) of permit(s) do you wish to seek authorization?
* Nationwide Permit (NWP)
r Regional General Permit (RGP)
r Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
r Yes r No
Nationwide Permit (NWP) Number: 03 - Maintenance
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
W 401 Water Quality Certification - Regular
r Non-404 Jurisdictional General Permit
r Individual Permit
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR401 Certification:
For the record only for Corps Permit:
r 401 Water Quality Certification - Express
r Riparian Buffer Authorization
1f. Is this an after -the -fact permit application?*
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
Acceptance Letter Attachment
1h. Is the project located in any of NC's twenty coastal counties?
r Yes r No
1j. Is the project located in a designated trout watershed?
r Yes r No
B. Applicant Information
1d. Who is applying for the permit?
W Owner r Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
r Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
City of Asheville - Easement Holder (see cover letter for explanation)
2b. Deed book and page no.:
2c. Responsible party:
Amy Deyton - Interim Stormwater Division Manager
2d.Address
Street Address
PO Box7148
Address tine 2
City
Asheville
Postal / Zip Code
28802
2e. Telephone Number:
(828)259-5547
2g. Email Address:*
adeyton@ashevillenc.gov
State / Province / Flegion
NC
Country
USA
2f. Fax Number:
r Yes r No
r Yes r No
4. Agent/Consultant (if applicable)
4a. Name:
Troy Beasley
4b. Business Name:
WithersRavenel
4c.Address
Street Address
219 Station Road
Address Line 2
Suite 101
City
Slate / Province / Fbgion
Wilmington
NC
Rtistal / Zip Code
Country
28405
USA
4d. Telephone Number: 4e. Fax Number:
(910)509-6512
4f. Email Address:*
tbeasley@Wthersravenel.com
Agent Authorization Letter*
SIGNED —Agent Authorization —City of Asheville.pdf
353.82KB
C. Project Information and Prior Project History
I
1. Project Information
1b. Subdivision name:
('rf appropriate)
1c. Nearest municipality/ town:
Asheville
2. Project Identification
2a. Property Identification Number:
9648867771;9648864658,9648863651;
9648865743
2c. Project Address
Street Address
Intersection of Kenilworth Road and Rosefield Drive
Address Line 2
City
Asheville
Postal / Zip Code
28802
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Ross Creek (Lake Kenilworth) - Stream Index: 6-78-23
3b. Water Resources Classification of nearest receiving water:*
Class B
3c. What river basin(s) is your project located in?*
French Broad
3d. Please provide the 12-digit HUC in which the project is located.
060101050604
4. Project Description and History
2b. Property size:
Project Area - t0.14 ac
Slate / Province / Region
NC
Country
USA
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
The current conditions on the site consists of an epsting culverted road crossing within Kenilworth Road and adjacent undeveloped woodlands. The general land use in the vicinity of
the project consists of residential development.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
F Yes r No r Unknown
4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR)
USGS Location Exiiibit.pdf
USGS Exhibit.pdf
390.47KB
153.04KB
4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR)
Soil Survey Exiiibit.pdf 183.05KB
4f. List the total estimated acreage of all existing wetlands on the property:
N/A
4g. List the total estimated linear feet of all existing streams on the property:
98 If within project area
4h. Explain the purpose of the proposed project:*
The purpose of the proposed project is to replace the failing existing structure to alleviate flooding issues upstream. One of the existing 86-foot long 24" corrugated metal pipe culverts
has collapsed, filled in with sediment. The stream has eroded under the culverts, and nowactually flows belowthe culverts, rather than through them. The erosion by the stream has
caused the second culvert to shift down as shown in the attached Culvert Installation Profile Detail and Photo Documentation. Since the stream flows beneath the culverts instead of
through the culverts, the erosion and flooding has caused the existing concrete/stone headwall and endwall to collapse, and has compromised the structural integrity of the road itself.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The proposed project consists of removal of the existing two 86-foot long 24" corrugated metal pipe (CMP) culverts and concrete/stone headwall and endwall. The existing culverts will
be replaced with a 110-ft long 42" HDPE culvert and the concrete/stone headwall and endwall will be replaced with pre -cast concrete headwalls. The proposed 42" culvert will be
installed a minimum of 9" below the existing stream bed, as noted in the Culvert Installation Profile Detail in the attached Impact Exhibits.
The culvert is located within the extreme upper reach of Stream 1, which has intermittent flow. In order to allowfor work "in the dry" the construction will occur during a window with no
forecasted rainfall. If necessary during construction, flow will be diverted by constructing temporary coffer dams on the upstream and downstream ends of the pipe, and flow will be
pumped around the construction area, and discharged through filter bag to remove sediment and prevent turbidity issues in downstream waters.
Traditional open trench techniques and equipment will be used for the proposed project. It is anticipated that the overlying soil materials are backfill from the original installation, and will
not include any rock excavation requiring percussive equipment to reach grade of the existing pipes. If removal of rock is required to install the culvert at the designed inverts, it will be
completed using a pneumatic jackhammer.
The proposed project primarily takes place within the existing ROW of Kenilworth Road. The limits of disturbance encroach into four adjacent privately owned parcels (PINS:
9648867771; 9648864658; 9648863651; 9648865743). The City of Asheville has obtained easements within all four parcels in order to complete the proposed culvert replacement.
4j. Please upload project drawings for the proposed project.
Keniiworth Rd -Impact Maps _10.11.2019.pdf 3.64MB
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes r No O Unknown
Comments:
Site reviews conducted by WR staff determined that there are no wetlands within the project area.
The only jurisdictional feature is an intermittent stream (Stream 1). Please note that we are not
requesting issuance of a Jurisdictional Determination, as the project consists of maintenance of an
existing structure.
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
r Preliminary r Approved r Not Verified r Unknown f N/A
Corps AID Number:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Troy Beasley
Agency/Consultant Company: WithersRavenel
Other:
5d1. Jurisdictional determination upload
Wetland Delination Exiiibit.pdf 186.53KB
6. Future Project Plans
6a. Is this a phased project?*
r Yes r No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
No
FD.-Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
r Wetlands W Streams -tributaries F Buffers
r Open Waters r Pond Construction
3. Stream Impacts
F
3a. Reason for impact (?)
3b.lmpact type *
3c. Type of impact*
3d. S. name *
3e. Stream Type *
3f. Type of
3g. S. width *
3h. Impact
(?)
Jurisdiction*
length*
S1
Impact 1 - Culvert
Permanent
Culvert
ffto Ross Creek
Intermittent
Both
5
35
Replacment
Average (feet)
(linearfeet)
S2
Impact 2 - Temp
Temporary
Culvert
Uss Creek
Intermittent
Both
5
6
Construction Access
Average (feet)
(linearfeet)
S3
Impact 3 -Culver Installation
Permanent
Culvert :Iff..Is
Creek
Intermittent
Both
5
52
Average (feet)
(linearfeet)
S4
Impact 4 -Temp
P p
Tem orar
P Y
Culvert
lJf to Ross Creek
Intermittent
Both
5
5
Construction Access
Average (feet)
(linearfeet)
31. Total jurisdictional ditch impact in square feet:
31. Total permanent stream impacts:
3i. Total stream and ditch impacts:
3i. Total temporary stream impacts:
3j. Comments:
The proposed impacts consist of 87 If of permanent stream impacts and 11 If of temporary stream impacts for replacement of the epsting culvert.
Due to the sinuosity of Stream 1, the alignment of the proposed culvert has been shifted slightly from the epsting alignment, and the overall culvert
length increased in order to provide more direct flow through the culvert to prevent erosion and undercutting of the headwall resulting from the stream
flowing into the culvert at a sharp angle. A channel will be constructed on the upstream end of the culvert to convey flow directly into the culvert. The
constructed channel will be constructed to mimic the width and depth of the natural channel.
Impact #1 will occur from the installation of the proposed 42" HDPE culvert, the precast headwall and relocation of Stream 1 resulting in 35 If of
permanent stream impacts.
Impact #2 will occur from construction activities associated with the constructed channel, resulting in 6 If of temporary stream impacts.
Impact #3 will occur from the installation of the prosed 42" HDPE culvert and precast endwall and riprap dissipator pad resulting in 52 If of permanent
stream impacts.
Impact #4 will occur from construction activities during installation of the riprap dissipator pad resulting in 5 If of temporary stream impacts. The rip -rap
dissipator will be installed so that the rip -rap is embedded such that the top of the rip -rap matches the contours of the wasting stream bed and banks
in order to allow for aquatic life passage.
E. Impact Justification and Mitigation u
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The project consists of replacement of an epsting culvert, and therefore impacts to streams could not be avoided.
One culvert has collapsed/filled with sediment and the other culvert is undersized to handle the flow during storm events, which has resulted in
flooding issues upstream. Conventional culvert cleaning or repair will not correct the erosion and flooding issues and culvert replacement is required.
Permanent upstream impacts could not be avoided due to the sinuosity of Stream 1. In order to prevent erosion and failure of the proposed headwall,
the culvert must be lengthened and realigned, with a new channel constructed in order to provide a more direct flow into the culvert. Permanent
stream impacts have been minimized to the greatest extent practicable in order to construct a structurally sound culverted road crossing that will
alleviate the flooding issues and require minimal maintenance in the future. The proposed riprap downstream of the culvert is required to reduce flow
epting the culvert to non -erosive rates.
Additionally, the rip -rap dissipaters will be installed by burying the riprap such that the top of the riprap matches the pre -construction grades of the
natural stream bed, allowing for the passage of aquatic life.
The culvert is located within the extreme upper reach of Stream 1, which has intermittent flow. In order to allowfor work "in the dry" the construction will
occur during a windowwith no forecasted rainfall. If necessary during construction, flowwill be diverted by constructing temporary coffer dams on the
upstream and downstream ends of the pipe, and flow will be pumped around the construction area, and discharged through filter bag to remove
sediment and prevent turbidity issues in downstream waters.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Construction techniques used to avoid or minimize the proposed impacts include the installation of erosion and sedimentation control devices prior to
construction. Additionally, access during construction will be from high ground.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
r Yes r No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Proposed permanent stream impacts are less than 150 If, and therefore the applicant is not proposing mitigation.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
r Yes r No
If no, explain why:
The project is located in the French --Broad basin, which is not a state buffered basin.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
r Yes r No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
r Yes r No
Comments:
The proposed project consists of the replacement of an existing culvert and will not result in additional impervious area that requires stormwater management.
G. Supplementary Information
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
r Yes r No
1b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina)
Environmental Policy Act (NEPA/SEPA)? *
r Yes r No
Comments:*
The project is not proposing to use Federal or State funds and therefore NEPA/SEPA approval is not required.
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15ANCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)? *
r Yes r No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
r Yes r No
3b. If you answered "no," provide a short narrative description.
The proposed project consists of culvert removal and replacement and will not be a catalyst additional development that could impact nearby
downstream water quality.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r Nor N/A
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
r Yes r No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
r Yes r No
5d. Is another Federal agency involved?*
r Yes r No r Unknown
5e. Is this a DOT project located within Division's 1-8?
r Yes r No
5f. Will you cut anytrees in order to conduct the work in waters of the U.S.?
r Yes r No
5g. Does this project involve bridge maintenance or removal?
r Yes r No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
r Yes r No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
r Yes r No
If yes, please provide details to include type of percussive activity, purpose, duration, and specific location of this activity on the property.
Kenilworth Road Percussive Activities Memo_2020-04-23.pdf
70.07KB
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
WR reviewed the NC Natural Heritage Program database, located at http://www.ncnhp.org/web/nhp/home to identify if there were any known
occurrences of endangered species on or near the proposed project. The reviewof the NCNHP data identified no occurrences of federally listed
threatened or endangered species or critical habitat on the subject property. Three occurrences of federally listed threatened or endangered species
(spotfin chub, bog turtle and bunched arrowhead) were identified within 1.0 miles of the project, see attached NCNHP project review letter. Site reviews
did not identify any potential habitat for any federally protected species known to occur in Buncombe County, except for the northern long eared bat.
The proposed project will require tree cutting/removal and percussive activities in the form of minor rock removal using a pneumatic jackhammer. The
use of the jackhammer will be confined to the footprint of the culvert location, with a duration of less than 4-hours. The project area is located within an
existing residential neighbor, and is not located within 150 feet of a known, occupied maternity roost and is not within''/< mile of a known hibernation
site. Therefore, the project not anticipated to result in adverse effects on the northern long eared bat.
Consultation Documentation Upload
NCNHP Project Review Letter - 2020-04-22.pdf 245.63KB
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
r Yes
r No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
WR reviewed the NOAA Essential Fish Habitat online mapper, located at: http://vAmN.habitat.noaa.gov/protection/efh/efhmapper/indexhtmi. There are
no waters classified as EFH in Buncombe County.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
r Yes
r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
WR reviewed the NC State Historic Preservation Office's online database, located at: http://gis.ncdcr.gov/hpoveb/, to determine if there were any
known historic or cultural resources within or in the vicinity of the proposed project. The database review did not identify any known resources within or
in the vicinity of the proposed project.
7c. Historic or Prehistoric Information Upload
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
r Yes
r No
8c. What source(s) did you use to make the floodplain determination?*
www.ncfloodmaps.com
Miscellaneous
Comments
Miscellaneous attachments not previously requested.
Cover Letter_ Final_2020.04.22.pdf
Aerial Exhibit.pdf
Photo Documentation.pdf
Signature
fJ By checking the box and signing below, I certify that:
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135.88KB
183.65KB
295.58KB
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• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the PCN form.
Full Name:
Troy Beasley
Signature
Date
4/23/2020