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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 )