HomeMy WebLinkAbout20110457 Ver 1_401 Application_20110511CLearWater
C1earWater Environmental Consultants, Inc.
www.cwenv.com
May 11, 2011
Mr. Tyler Crumbley
US Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-2638
Mr. Ian McMillan
NC Division of Water Quality
1650 Mail Service Center
Raleigh, North Carolina 27699
RE: Etowah Sewer Line
Henderson County, North Carolina
Mr. Crumbley and Mr. McMillan,
201 10457
rA"
@17 =fir-11 7
MAY 3 t 2011
DENR - WATEp SAL
The attached Pre-Construction Notification (PCN) is being submitted on behalf of the Etowah
Sewer Company, Inc. represented by Mr. Tom Kilpatrick. The project site is located near the
intersection of Fairway Drive and Holly Springs Road at the Etowah Valley Country Club in the
Etowah, Henderson County, North Carolina. The Etowah Sewer Company, Inc. maintains a
sewer line easement through the property. Mr. Kilpatrick is seeking a Nationwide Permit 3 for
bank stabilization and reestablishment of the original stream routing at the location of an exposed
sewer line.
Should you have any questions regarding the attached PCN and supplemental information please
do not hesitate to contact me at 828-698-9800. A copy of this package has been sent to Mr.
David McHenry of the NC Wildlife Resources Commission and Mr. Bryan Tompkins of the US
Fish and Wildlife Service for review. A copy of this application has also been submitted to Ms.
Susan Wilson of the NC Division of Water Quality, Asheville Regional Office.
Respectfully,
Rebekah L. Newton
Project Biologist
Copy Furnished:
NC Division of Water Quality, Asheville - Susan Wilson
NC Wildlife Resources Commission -Dave McHenry
US Fish and Wildlife Service - Bryan Tompkins
9Rle Ale, S
Principal
224 South Grove Street, Suite F
Hendersonville, NC 28792
828-698-9800 Tel
828-698-9003 Fax
f r r ? v
Corps Submittal Cover Sheet
Please provide the following info:
1. Project Name: Etowah Sewer Line
2. Name of Property Owner/Applicant: Etowah Sewer Company, Inc.
3. Name of Consultant/Agent: C1earWater Environmental Consultants, Inc.
*Agent authorization needs to be attached.
4. Related/previous Action ID numbers(s): n/a
5. Site Address: Near the intersection of Fairway Drive and Holly Springs Drive
6. Subdivision Name: Etowah Valley Country Club
7. City: Etowah
8. County: Henderson
9. Lat: 35.327294N Long: 82.605853W (Decimal Degrees Please
10. Quadrangle Name: Horse Shoe
11. Waterway: Gash Creek
12. Watershed: Upper French Broad 06010105
13. Requested Action:
X Nationwide Permit # 3
w
_ General Permit #
Jurisdictional Determination Request
Pre-Application Request
The following information will be completed by the Corps office:
AID:
Prepare File Folder Assign number in ORM Begin Date
Authorization: Section 10 Section 404
Project Description/Nature of Activity/Project Purpose:
Site/Waters Name:
Keywords:
?? a •.-?:. -'144 Department of the Army
Wilmington District, Corps of Engineers
Attn: Ken Jolly, Chief Regulatory Division
PO Box 1890
Wilmington, NC 28402-1890
-and-
NC Division of Water Quality
Attn: Ian McMillan
1650 Mail Service Center
Raleigh, NC 27699-1650
1, the current owner/manager of the project identified below, hereby authorize
C1earWater Environmental Consultants, Inc. (CEC) to act on my behalf as my agent
during the processing of permits to impact Wetlands and Water of the US that are
regulated by the Clean Water Act and the Rivers and Harbors Act.
CEC is authorized to provide supplemental information needed for permit processing at
the request of the USAGE or DWQ.
Project Owner: Etowah Sewer Company Inc.
Owner Address: P.O. Box 1689
Etowah NC 28729
Phone Number: 828-890-4810
Property Location: Near Tee box #2, West Course Etowah Valley Country Club
Owner/Manager Signature:-
Date:
224 South Grove Street, Suite F
Hendersonville, NC 28792
Phone: 828-698-9800 Fax: 828-698-9003
www.cwenv.com
201 1045 7
Office Use Only:
Off' G
Corps action ID no.
1 1
1 1 ° T DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification C Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the
Corps:
®Section 404 Permit El Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: 3 or General Permit (GP) number:
1 c. Has the NWP or GP number been verified by the Corps? ® Yes ? No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ? Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
? Yes ® No For the record only for Corps Permit:
? Yes ® No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. ? Yes ® No
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h
below. ? Yes ® No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: Etowah Sewer Line
2b. County: Henderson
2c. Nearest municipality / town: Etowah
2d. Subdivision name: Etowah Valley Country Club
2e. NCDOT only, T.I.P. or state
project no: n/a
3. Owner Information
3a. Name(s) on Recorded Deed: Etowah Valley Country Club
3b. Deed Book and Page No. 1A/216 and 1A/213
3c. Responsible Party (for LLC if
applicable):
3d. Street address: Post Office Box 2150
3e. City, state, zip: Hendersonville, North Carolina 28793
3f. Telephone no.: 828-891-7022
3g. Fax no.: n/a
3h. Email address: n/a
Page I of 11
PCN Form -Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent ® Other, specify: Sewer Line Easement Holder
4b. Name: Tom Kilpatrick
4c. Business name
(if applicable): Etowah Sewer Company, Inc.
4d. Street address: Post Office Box 1689
4e. City, state, zip: Etowah, North Carolina 28729
4f. Telephone no.: 828-891-2349
4g. Fax no.: 828-890-4810
4h. Email address: tomkilpatrick@morrisbb.net
5. Agent/Consultant Information (if applicable)
5a. Name: R. Clement Riddle
5b. Business name
(if applicable): ClearWater Environmental Consultants, Inc.
5c. Street address: 224 South Grove Street, Suite F
5d. City, state, zip: Hendersonville, North Carolina 28792
5e. Telephone no.: 828-698-9800
5f. Fax no.: 828-698-9003
5g. Email address: rebekah@cwenv.com
Page 2 of 11
PCN Form - Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): 9529524218 and 9529436662
1 b. Site coordinates (in decimal degrees): Latitude: 35.327294 Longitude: - 82.605853
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: +/- 175 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to Gash Creek
proposed project:
2b. Water Quality Classification of nearest receiving water: C
2c. River basin: Upper French Broad 06010105
3. Project Description
3a. 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 existing sewer line runs parallel to Gash Creek. The stream bank has eroded and caused the sewer line to become
exposed. The exposed pipe is located on the left side (looking downstream) of the stream near an existing row of houses
that face the golf course. Land use in the vicinity of the project site is residential and recreational.
3b. List the total estimated acreage of all existing wetlands on the property:
There are no wetlands in the project area.
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
Gash Creek flows parallel to the existing sewer line. Approximately 90 linear feet of Gash Creek are included in the
project area.
3d. Explain the purpose of the proposed project:
The purpose of the proposed project is to re-cover an exposed portion of sewer line by reestablishing stream flow in its
original location and stabilizing the stream bank adjacent to the line. Once the stream bank has been repaired, the
stream will be located in its original location prior to erosion at the site.
3e. Describe the overall project in detail, including the type of equipment to be used:
The project includes restoring the stream bank and stream flow to its original location prior to erosion at the site
The
.
bank will be stabilized with compacted earth, filter fabric, and rip-rap. Typical construction and earth moving equipment
will be utilized at the site.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past? ? Yes No ? Unknown
Comments:
4b. If the Corps made the jurisdictional determination, what type
f d
t
i
i
? Preliminar
? Final
o
e
erm
nat
on was made? y
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company:
Name (if known): Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past? ? Yes On No ? Unknown
5b. If yes, explain in detail according to "help file" instructions.
Page 3 of 11
PCN Form - Version 1.3 December 10, 2008 Version
6. Future Project Plans
6a. Is this a phased project? ? Yes ® No
6b. If yes, explain.
Page 4 of 11
PCN Form - Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
? Wetlands ® Streams - tributaries ? Buffers
? Open Waters ? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Temporary T
W1 ? P ? T ? Yes ? Corps
? No ? DWQ
W2 ? P ? T ? Yes ? Corps
? No ? DWQ
W3 ? P ? T ? Yes ? Corps
? No ? DWQ
W4 ? P ? T ? Yes ? Corps
? No ? DWQ
W5 ? P ? T ? Yes ? Corps
? No ? DWQ
W6 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number - (PER) or (Corps - 404, 10 stream length
Permanent (P) or intermittent DWQ - non-404, width (linear
Temporary (T) (INT)? other) (feet) feet)
S1 ®P ? T Bank stabilization
to protect an
Gash Creek ® PER
? INT ® Corps
® DWQ
8
90
existing sewer line
S2 ? P ? T ? PER ? Corps
? INT ? DWQ
S3 ? P ? T ? PER ? Corps
? INT ? DWQ
S4 ? P ? T ? PER ? Corps
? INT ? DWQ
S5 ? PEI T ? PER ? Corps
? INT ? DWQ
S6 ? P ? T ? PER ? Corps
? INT ? DWQ
3h. Total stream and tributary impacts 90
3i. Comments:
Page 5 of 11
PCN Form -Version 1.3 December 10, 2008 Version
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number - (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary T
01 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
4L Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.
Pond ID
Proposed use or purpose Wetland Impacts (acres) Stream Impacts (feet) Upland
b (acres)
num
er of pond
Flooded Filled Excavated Flooded Filled Excavated Flooded
P1
P2
5L Total
5g. Comments:
5h. Is a dam high hazard permit required?
? Yes ? N
If
o
yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If an impacts require mitigation, then you MUST fill out Section D of this form.
6a.
? Neuse ? Tar-Pamlico ? Other:
Project is in which protected basin? ? Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number- Reason Buffer Zone 1 impact Zone 2 impact
Permanent (P) or for Stream name mitigation (square feet) (square feet)
Temporary T impact required?
B1 ?P?T ?Yes
? No
B2 ?P?T ?Yes
? No
B3 ?P?T ?Yes
? No
6h. Total buffer impacts
6i. Comments:
Page 6 of 11
PCN Form - Version 1.3 December 10, 2008 Version
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The project has been designed to protect the sewer line in place. The stream bank will be restored to its previous location
prior to erosion occurring at the site. Stream flow will also be shifted to its original location. The minimum amount of work
necessary to protect the sewer line is all that is proposed.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Work conducted at the site will be done 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? ? Yes ® No
2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps
2c. If yes, which mitigation option will be used for this
project? ? Mitigation bank
? Payment to in-lieu fee program
? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter) Type Quantity
3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ? Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 7 of 11
PCN Form - Version 1.3 December 10, 2008 Version
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? ? Yes ? No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone 6c.
Reason for impact 6d.
Total impact
(square feet)
Multiplier 6e.
Required mitigation
(square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments:
Page 8 of 11
PCN Form - Version 1.3 December 10, 2008 Version
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified
within one of the NC Riparian Buffer Protection Rules? ? Yes No
1 b. If yes, then is a diffuse flow plan included? If no
explain why
,
.
Comments:
? Yes ? No
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? 0%
2b. Does this project require a Stormwater Management Plan? ? Yes ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: This project does not include the addition
of impervious surfaces to the site.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
? Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program
? DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?
? Phase II
3b. Which of the following locally-implemented stormwater management programs ? NSW
apply (check all that apply): ? USMP
? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No
attached?
4. DWQ Stormwater Program Review
? Coastal counties
4a. Which of the following state-implemented stormwater management programs apply El HQW
? ORW
(check all that apply): ? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? ? Yes ? No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No
5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No
Page 9 of 11
PCN Form - Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1a. Does the project involve an expenditure of public (federal/state/local) funds or the ? Yes ® No
use of public (federal/state) land?
1 b. 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 ? Yes ? No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.) ? Yes ? No
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ? Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
The proposed project will repair and stabilize stream banks which have eroded causing an existing parallel sewer line to
be exposed. This is not a development project.
4. Sewage Disposal (DWQ Requirement)
4a. 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.
Wastewater will not be generated by this project.
Page 10 of 11
PCN Form -Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ? Yes
No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes
No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted. El Raleigh
? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
FWS County data and the Natural Heritage Virtual Workroom.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? TO Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
South Atlantic Habitat and Ecosystem IMS. Impact will not occur in a marine system.
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 ? Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
National Parks Service; National Register of Historic Places; National Register Information System database. There are
three sites within 5 miles of the proposed project location: Bryn Avon (NPS Reference # 99000437) located approximately
2.8 miles from the project site, the Arthur Moore House (NPS Reference #00001316) located approximately 4.6 miles from
the project site, and the Mills River Chapel (NPS Reference #88002660) located approximately 4.2 miles from the project
site. The proposed work along Gashes Creek will not likely threaten the integrity of these sites.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
7 ? Yes ®No
_
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? FEMA Map Service Center. Map Panel 3700952900J.
R. Clement Riddle ?Z IZ:Tm May 11, 2011
Applicant/Agent's Printed Name Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
Page 11 of 11
PCN Form - Version 1.3 December 10, 2008 Version
Etowah Sewer Line
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Henderson County, CLearWater
Site Vicinity
North Carolina Figure 1
224 South Grove Street, Suite F
Hendersonville, North Carolina 28792
Etowah Sewer Line
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North Carolina Horse Shoe Quad
224 South Grove Street, Suite F Figure 2
1 lendersonville, North Carolina 28792
Figures 3
Site Plans and
Representative Photograph
NORMAL HIGH
WATER LEVEL
--------------
~~~~- V-6" MIN??~
'-CLASS 1
~ ~ ~ - -RIP-RAP~
1, Ili-1 I 1-1 I I ?
SEED ANY BARE SOIL
AFTER CONSTRUCTION
I'
EXISTING SEWER LINE
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COMPACTED EARTH
FILTER FABRIC
F/F 12" BELOW STREAM BED
PRELIMINARY
NOT FOR CONSTRUCTION
WILLIAM G. LAPSLEY & ASSOCIATES, P.A.
CONSULTING ENGINEERS & LAND PLANNERS ETOWAH SEWER CO. DETAIL
NC License No: C-0556 STREAM BANK REPAIR
One Town Square Blvd.
Suite 320 HENDERSON COUNTY WGLA #11133
Asheville, NC 28803 NORTH CAROLINA NOT TO SCALE
(828) 687-7177 Fax (828) 687-7178
www.wgia.com 5/5/ 1 1
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NOT FOR CONSTRUCTION
WILLIAM G. LAPSLEY & ASSOCIATES, PA
CONSULTING ENGINEERS & LAND PLANNERS ETOWAH SEWER CO. PLAN VIEW
NC Ucmw No: 0-0556 STREAM BANK REPAIR
One Suke 3? Squam Blvd HENDERSON COUNTY
A Ash&41% NC 28803 WGLA #11133 okv - (828) 687-7177 Fax (828) 687-7178 NORTH CAROLINA APPROX. 1"=50'
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Photo of Exposed Sewer Line on Gash Creek
Etowah Sewer Line