HomeMy WebLinkAbout20120067 Ver 1_More Info Received_2012022321 Stokes Drive
Asheville NC 28805
828 712 9194 (phone)
February 21 2012
Karen Huggins F@ F 0 V�2 � D
North Carolina Department of Environment and Natural Resources (DENR)
Division of Water Quality (DWQ)
Wetlands Buffers Stormwater Compliance and Permitting Unit FEB 2 3 2012
512 N Salisbury St
Archdale Building 9th floor DENR WATER QUALITY
Raleigh NC 27604 WETLAND,) AND STORMWATER BRANCH
Re Revised Permit Application — Trinity Court Stream Enhancement — Orange County
DWQ Project # 12 0067
Attached are three copies of the revised permit for the above referenced project Per an email correspondence
with Lauren Witherspoon dated February 17 2012 only the updated PCN text has been included with this
submittal The original attachments and plans have not been modified
The revised permit application addresses your Request For More Information dated February 9 2012 as
outlined below
Section C 6f of the PCN application indicates that proposed Zone 1 impacts total 10 512 sq ft
However plan sheet PL 1 indicates the total impact to Zone I is 10 273 sq ft (890 + 1 106 + 8 277)
Please revise the PCN application and /or the plan sheet to reflect more accurate and consistent
information
See Figure 4 Riparian Buffer Impacts In addition to the three zone I impacts listed above (890 + 1 106 +
8 277) there is a 239 sq ft impact area along the upstream extent of the project on the right bank (Station
0 +00 to 0 +50) The total impacts to Zone 1 is 10 512 sq ft as specified in the original permit submission
2 Plan sheet PL 1 A portion of Zone 1 appears to have proposed impacts but this area is not shaded to
l reflect an impact Please explain and/or revise plan sheet to reflect more accurate information
No impacts are proposed in this area The line on the plan sheet is there to show the intersection of the
tributary zone 1 buffer and bolin creek zone 1 buffer The shaded areas in that vicinity represent impacts
from our access point to get to the project tributary
3 Please minimize the impact to the riparian buffer by moving the stockpile out of the riparian buffer If
this is not possible please explain
The stock pile area is located partially within the Zone 2 buffer This location was chosen as it was one of the
few areas in the vicinity of the project that did not have existing mature trees It is an open grassed area as
Employment and program opportunities are offered to all people regardless of race color national origin gender age or disability
North Carolina State University North Carolina A &T State University U S Department of Agriculture and local governments cooperating
shown in the existing condition photograph section of the original permit submission Moving the staging
area would require clearing established and mature trees The area will be stabilized with silt fence during
construction and will be planted per the Riparian Vegetation Zone detail after construction
4 Section D 1 of the PCN application indicates that replanting will occur as needed to maintain a minimum
of 260 stems per acre However DWQ requires riparian buffer planting at a density of 320 trees /acre
surviving at the end of 3 years Please make adjustments to planting density
The PCN application was updated and states the following Replanting will occur as needed to maintain a
minimum of 320 stems per acre
5 FYI— Section E 1 should be checked Yes
The PCN application was updated so Section E 1 is checked `yes No diffuse flow plan was submitted since
this is a stream enhancement project No additional impervious areas will be added to the project site that
could result in additional concentrated runoff flows
We appreciate your assistance with this project Please do not hesitate to contact me at (828) 712 9194 if you
have any questions or need additional information
Sincerely
Zan Price PE
gaprice @ncsu edu
Extension Associate
Biological and Agricultural Engineering
North Carolina State University
cc Patricia D Arconte Stormwater Management Division Town of Chapel Hill
Lauren Witherspoon DWQ Raleigh Regional Office
Employment and program opportunities are offered to all people regardless of race color national origin gender age or disability
North Carolina State University North Carolina A &T State University U S Department of Agriculture and local governments cooperating
G?� %A 79 G
Office Use Only
Corps action ID no
DWQ project no
Form Version 1 3 Dec 10 2008
Pre - Construction Notification (PCN) Form
A
Applicant Information
1
Processing
1a
Type(s) of approval sought from the
Corps
X Section 404 Permit ❑ Section 10 Permit
1 b
Specify Nationwide Permit (NWP) number 27 or General Permit (GP) number
1c
Has the NWP or GP number been verified by the Corps?
❑ Yes
X No
1d
Type(s) of approval sought from the DWQ (check all that apply)
X 401 Water Quality Certification — Regular ❑ Non 404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
le
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification
❑ Yes X No
For the record only for Corps Permit
❑ Yes X 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
X No
1g
Is the project located in any of NC s twenty coastal counties If yes answer 1h
below
❑ Yes
X No
1h
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
X No
2
Project Information
2a
Name of project
Trinity Court Stream Enhancement in)
2b
County
Orange 19 .5uWLgin)
2c
Nearest municipality / town
Town of Chapel Hill
2d
Subdivision name
N/A
2e
NCDOT only T I P or state
protect no
AL
WATERQUALITY
N/A 1ANDa AND gTTER
3
Owner Information
3a
Name(s) on Recorded Deed
Town of Chapel Hill (1) Town of Chapel Hill Housing Authority (2)
parcel ma
see attached
3b
Deed Book and Page No
772/191 (1) 254/269 (2)
3c
Responsible Party (for LLC if
applicable)
Patricia D Arconte Stormwater Management Division Town of Chapel Hill
3d
Street address
208 N Columbia Street
3e
City state zip
Chapel Hill NC 27514
3f
Telephone no
919 969 7202
3g
Fax no
N/A
3h
Email address
pdarconte @townofchapelhill org
4
Applicant Information (if different from owner)
4a
Applicant is
❑ Agent ❑ Other specify
4b
Name
Patricia D Arconte Stormwater Management Division Town of Chapel Hill
4c
Business name
(if applicable)
See Section 3
4d
Street address
See Section 3
4e
City state zip
See Section 3
4f
Telephone no
See Section 3
4g
Fax no
Water Quality Classification of nearest receiving water
4h
Email address
See Section 3
5
Agent/Consultant Information (if applicable)
5a
Name
Zan Price PE
5b
Business name
(if applicable)
NC State University Department of Biological and Agricultural Engineering
5c
Street address
Asheville Field Office 21 Stokes Drive
5d
City state zip
Asheville NC 28805
5e
Telephone no
(828) 712 9194
5f
Fax no
(919) 515 6772
5g
Email address
gapnce @ncsu edu
B
Project Information and Prior Project History
1
Property Identification
1a
Property identification no (tax PIN or parcel ID)
PID = 9788195921 (1) 9788194511 (2)
1b
Site coordinates (in decimal degrees)
Latitude 35 92015 (DD DDDDDD)
Longitude 79 06324 DD DDDDDD
1c
Property size
16 5 ac (1) 3 5 ac (2)
2
Surface Waters
2a
Name of nearest body of water (stream river etc ) to
proposed project
Unnamed Tributary to Bolin Creek
2b
Water Quality Classification of nearest receiving water
WS V NSW
2c
River basin
Cape Fear
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
Site is located along a steep and incised gully that drains to Bolin Creek The stream does not show up as a blue line on
the Chapel Hill USGS map (see Figure 1) The area is primarily wooded and located on Town of Chapel Hill property that
contains a network of primitive trails An Orange Water and Sewer Authority ( OWASA) sewer line and easement follows
the western side of the stream There are no sewer line crossings within the project area The upstream extent of the
project starts approximately 75 feet downstream of a Trinity Court culvert outfall The downstream extent is
approximately 320 feet downstream at the invert of a 24 —in culvert that discharges to Bolin Creek The small 0 018
square mile watershed of the proposed project site consists of wooded and residential areas
3b
List the total estimated acreage of all existing wetlands on the property
None in the vicinity of the proposed project
3c
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property
1 300 ft
3d
Explain the purpose of the proposed project
The purpose of the proposed project is to stabilize an eroding and incised tributary of Bolin Creek Goals are to reduce
streambank erosion improve water quality improve floodplain connectivity and enhance the riparian buffer by planting
native riparian plants for long term stability
Attached photographs show the existing incised channel and eroding streambanks
3e
Describe the overall project in detail including the type of equipment to be used
The stream project will impact approximately 320 feet of stream The alignment (i a horizontal location) of the stream will
generally remain unchanged Four boulder step structures will be installed at the upstream extent of the project to stop a
head cut from migrating further upstream There is a small bend in the stream for approximately 90 feet below the upper
section that is stable and not incised Therefore only riparian planting is proposed for this area Just downstream of the
bend the stream becomes quite incised Multiple boulder steps will be installed to help raise the streambed elevation to
help eliminate steep eroding banks and provide increased floodplain access while maintaining the majority of existing
streamside vegetation All work will be completed from the left bank ( OWASA easement) to avoid impacting the
established trees and vegetation on the right bank
Channel and bank work will be completed using a tracked excavator Graded streambanks will be stabilized with coir
matting temporary and permanent riparian seed and native vegetation Mature trees along the streambank shall be
preserved when feasible These trees will be flagged in the field and discussed during a pre construction meeting with
the contractor
Construction access to the site will be through an existing OWASA ford crossing over Bolin Creek dust upstream of the
confluence of the project stream and Bolin Creek
See attached plan sheet for additional details
4
Jurisdictional Determinations
4a
Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
X Yes El No F-1 Unknown
project (including all prior phases) in the pasty
Comments
4b
If the Corps made the jurisdictional determination what type
❑ Preliminary X Final
of determination was made
4c
If yes who delineated the jurisdictional areas?
Agency /Consultant Company
Name (if known) Andy Williams (Corps) and Martin
Other
Richmond (DWQ)
4d
If yes list the dates of the Corps jurisdictional determinations or State determinations and attach documentation
Both agencies met Patricia D Arconte at the site on 11/28/11
5
Project History
5a
Have permits or certifications been requested or obtained for
❑ Yes X No ❑ Unknown
this project (including all prior phases) in the past?
5b
If yes explain in detail according to help file instructions
6 Future Project Plans
6a Is this a phased project? ❑ Yes X No
6b If yes explain
C Proposed Impacts Inventory
1 Impacts Summary
1a Which sections were completed below for your project (check all that apply)
❑ Wetlands X Streams tributaries X 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 X P E:1 T
Enhancement
Unnamed Tnb to
Bolin Creek
❑ PER
X INT
X Corps
[:1 DWQ
320
S2 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S3 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S4 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S5 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S6 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h Total stream and tributary impacts
320
31 Comments
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 indiv ually 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
4f Total open water impacts
4g Comments
5 Pond or Lake Construction
If pond or lake construction proposed then complete the chart below
5a
5b
5c
5d
5e
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
Pond ID
Proposed use or purpose
(acres)
number
of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5f Total
5g Comments
5h Is a dam high hazard permit required
❑ Yes ❑ No If yes permit ID no
51 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 any impacts require mitigation then you MUST fill out Section D of this form
6a
❑ Neuse El Tar Pamlico X Other Jordan Lake
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b
6c
6d
6e
6f
6g
Buffer impact
number —
Reason for
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
impact
Stream name
mitigation
(square feet)
(square feet)
Temporary T
required?
B1 ❑P X T
Stream
Unnamed Tnb to Bolin
❑ Yes
10 512
2 540
Restoration
Creek
X No
❑ Yes
B2 ❑P ❑ T
❑No
❑Yes
B3 ❑P ❑T
❑ No
6h Total buffer impacts
10 512
2 540
61 Comments Total protected buffer width 60 ft from top of bank (30 ft Zone 1 and 30 ft Zone 2) See Figure 4 Riparian
Buffer Impacts
D
Impact Justification and Mitigation
1
Avoidance and Minimization
1a
Specifically describe measures taken to avoid or minimize the proposed impacts in designing project
The streambank stabilization and boulder step design are the best alternatives to create floodplain access reduce future
channel erosion and improve aquatic habitat at the project site and downstream Access has been planned along the
existing sewer easement to minimize new disturbance
Considerations were made to simply grade back the existing streambanks to a flatter more stable slope However this is
not feasible on the left bank due to the proximity of the existing sewer line For the right bank this method would remove
all the existing streamside vegetation including several large trees with established roots
Post Construction the site will be monitored to document project success and to identify areas in need of maintenance or
repair At a minimum level 3 monitoring as described in the Army Corps Stream Mitigation Guidelines is proposed
Additionally a total station as built survey with permanent cross sections and longitudinal profile will be completed to
provide a baseline for surveys in subsequent monitoring years Surveys will be used to determine if cross sections and
longitudinal profile show significant change from the as built dimension and profile
Invasive vegetation maintenance will be ongoing Replanting will occur as needed to maintain a minimum of 320 stems
per acre
1 b
Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques
Construction will occur in the dry to the maximum extent possible Disturbed areas will be stabilized by the end of each
day Sediment and erosion control measures will be implemented Mature trees along the streambank will be flagged for
protection when feasible A project engineer will oversee construction to make sure the contractor follows these
directions
2
Compensatory Mitigation for Impacts to Waters of the U S or Waters of the State
2a
Does the project require Compensatory Mitigation for
❑ Yes X No
impacts to Waters of the U S or Waters of the State?
2b
If yes mitigation is required by (check all that apply)
❑ DWQ ❑ Corps
❑ Mitigation bank
2c
If yes which mitigation option will be used for this
❑ Payment to in lieu fee program
project?
❑ 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
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 X 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
E
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1
Diffuse Flow Plan
1a
Does the project include or is it adjacent to protected riparian buffers identified
X Yes ❑ No
within one of the NC Riparian Buffer Protection Rules?
1 b
If yes then is a diffuse flow plan included? If no explain why
Comments This is a stream enhancement project No additional impervious areas
❑ Yes X No
will be added to the project site that could result in additional concentrated runoff
flows
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 X No
2c
If this project DOES NOT require a Stormwater Management Plan explain why Stream enhancement project
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?
Orange County
❑ Phase II
3b
Which of the following locally implemented stormwater management programs
❑ NSW
❑ USMP
apply (check all that apply)
❑ Water Supply Watershed
❑ Other
3c
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes X No
attached?
4
DWQ Stormwater Program Review
❑ Coastal counties
❑ HQW
4a
Which of the following state implemented stormwater management programs apply
[j 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)
la
Does the project involve an expenditure of public (federal /state /local) funds or the
® Yes
❑ No
use of public (federal /state) land?
lb
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)?
1c
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
❑ Yes
❑ No
letter)
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
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
N/A
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?
El Raleigh
5c If yes indicate the USFWS Field Office you have contacted
❑ Asheville
5d What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
Patricia D Arconte Stormwater Management Division Town of Chapel Hill
6 Essential Fish Habitat (Corps Requirement)
6a Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ® No
6b What data sources did you use to determine whether your site would impact Essential Fish Habitat?
http Hocean floridamarine org /efh_coral /ims /viewer htm
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?
http / /www hpo ncdcr gov
8 Flood Zone Designation (Corps Requirement)
8a Will this project occur in a FEMA designated 100 year floodplain?
FEI es ® No
8b If yes explain how project meets FEMA requirements
8c What source(s) did you use to make the floodplain determination? http / /www ncfloodmaps corn
-za,\ � ( ( C i`_
;!!fApplicant/Agent
Applicant/Agent s Printed Name
s Signature
Date
(Agents signature is valid only if an authorization letter from the applicant
is provided )