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HomeMy WebLinkAbout20061144 Ver 3_401 Application_200904090, ARCADIS tnfros(ructure, envirorjrT?p t, buittl11) S Ms. Cyndi Karoly N.C. Division of Water Quality 401 Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-165 TGyo F,?,? ? 3 ? fK?? %r oLo-1%144 v3 ARCADIS 801 Corporate Center Drive Suite 300 Raleigh North Carolina 27607 Tel 919.854.1282 Fax 919.854.5448 www.arcadis-us.com WATER RESOURCES Subject: City of Raleigh Dempsey E. Benton Water Treatment Plant Project - Replacement of an Existing Culvert Due to Irreparable Damage - Request for Riparian Buffer Authorization DWQ Project # 06-1144 Date: Dear Cyndi: In association with construction of the Dempsey E. Benton Water Treatment Plant (WTP), upgrades to the Lake Benson and Lake Wheeler dams, and construction of water transmission mains, Nationwide Permit (NWP) Numbers 12 and 39 were issued by the U.S. Army Corps of Engineers (USACE) on 5 April 2006. During installation of the aforementioned water transmission main, an existing culvert associated with an unnamed tributary to Wildcat Creek was damaged and has to be replaced. The attached Pre-Construction Notification application is being submitted to request Riparian Buffer Authorization only. The culvert to be replaced is located under the access road to the Highway Patrol Driving Training Center adjacent to Tryon Road, west of West Garner Road in Raleigh, Wake County, North Carolina (see attached USGS topographic map). The unnamed tributary to Wildcat Creek is not depicted on the USGS topographic map or the NRCS soil survey. The existing culvert is located below approximately 30 feet of fill material that was historically placed onsite to provide access to the Highway Patrol Training Center from Tryon Road (see attached plan and profile). Damage to the existing culvert during installation of the water transmission main is not repairable due to the 30 feet of fill material above the culvert. At present, water is being bypass pumped around the damaged culvert. The existing culvert will be plugged and filled with grout. The inlet of the new culvert will be adjacent to the inlet of the existing culvert; however, the outlet of the new culvert will be approximately 62 feet upgradient of the existing culvert. The outlet location of the new culvert is within a rip rap drainage Swale that receives sheetflow of stormwater from abutting areas during and 23 April 2009 Contact: Linda Diebolt Phone: 919.854.1282 Email: linda.diebolt@arcadis-us.com Our ref: NC703027.1000 ARCADIS Cyndi Karoly 23 April 2009 immediately after rain events. In order to help provide grade control, the inlet of the new culvert will be installed flush with the existing grade. The outlet will be installed six inches below grade. The new culvert will be installed using bore and jack, and will be a minimum of 24 inches above the newly installed water transmission main. According to correspondence with US Army Corps of Engineers and NCDWQ, Section 401/404 permits are not required for the proposed activities. Impacts to riparian buffers are being avoided at the outlet of the new culvert by placing the outlet in the rip rap drainage swale. Impacts to 600 square feet of Zone 1 riparian buffer and to 400 square feet of Zone 2 riparian buffer will occur at the inlet of the new culvert. Culvert and rip rap details are attached. Upon completion of the culvert installation, the stream banks adjacent to the inlet and outlet will be graded to a maximum of a 2:1 slope and stabilized with an erosion control blanket. At the new outlet, existing rip rap that was disturbed or removed during construction activities will be replaced and additional rip rap will be added if necessary. At the existing outlet, any unnecessary existing rip rap will be removed, the channel bed will be graded if necessary, the banks will be graded to a minimum of a 2:1 slope, and all disturbed areas will be overlain by an erosion control blanket. Replacement of the damaged culvert is necessary and will be performed upon receipt of the Riparian Buffer Authorization from NCDWQ. Please feel free to call or e-mail me at linda.diebolt@arcadis-us.com if you have any questions or require additional information. Sincerely, ARCADIS it Linda Dieitist Senior Copies: City of Raleigh ARCADIS Page: 2/2 CF WATER 0 OG 1!0 Y ? 7 r 1 0 q 41). Office Use Only: Corps action ID no. DWQ project no. to l.a - t H y V 3 Form Version 1.3 Dec 10 2008 Pre-Construction NotiNtion (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: El Section 404 Permit El Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number: 1c. 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 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h 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: City of Raleigh Dempsey E. Benton Water Treatment Plant Project - Replacement of an Existing Culvert due to Irreparable Damage 2b. County: Wake 2c. Nearest municipality / town: Raleigh 2d. Subdivision name: n/a 2e. NCDOT only, T.I.P. or state project no: n/a 3. Owner Information 3a. Name(s) on Recorded Deed: State of North Carolina School for the Blind 3b. Deed Book and Page No. n/a 3c. Responsible Party (for LLC if applicable): 3d. Street address: 116 W Jones St 3e. City, state, zip: Raleigh, NC 27603 3f. Telephone no.: Unknown 3g. Fax no.: Unknown 3h. Email address: Unknown Page 1 of 13 PCN Form - Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ? Agent ® Other, specify: Municipality 4b. Name: Dale Crisp, Director of Public Utilities 4c. Business name (if applicable): City of Raleigh 4d. Street address: One Exchange Plaza, Suite 620 4e. City, state, zip: Raleigh, NC 27602 4f. Telephone no.: 919.857.4540 4g. Fax no.: 919.857.4545 4h. Email address: Dale.Crisp@ci.raleigh.nc.us 5. Agent/Consultant Information (if applicable) 5a. Name: Linda Diebolt 5b. Business name (if applicable): ARCADIS 5c. Street address: 801 Corporate Center Drive, Suite 300 5d. City, state, zip: Raleigh, NC 27607 5e. Telephone no.: 919.854.1282 5f. Fax no.: 919.854.5448 5g. Email address: Linda.Diebolt@arcadis-us.com Page 2 of 13 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 1702806512 1 b. Site coordinates (in decimal degrees): Latitude: 35.724859 Longitude: - 78.625756 (DD.DDDDDD) (-DD.DDDDDD) 1 c. Property size: 98.77 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Wildcat Branch proposed project: 2b. Water Quality Classification of nearest receiving water: C; NSW 2c. River basin: Neuse 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 vicinity of the project consists of roadway easements, light industrial development, and wooded, undeveloped areas. 3b. List the total estimated acreage of all existing wetlands on the property: None. 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: Approximately 250 feet of stream exists within the property. 3d. Explain the purpose of the proposed project: The purpose of the project is to replace a culvert that was irreparably damaged during the installation of a water transmission line. The damaged culvert is under approximately 30 feet of fill material and is therefore inaccessible for repair. 3e. Describe the overall project in detail, including the type of equipment to be used: The new culvert will be installed using bore and jack and will be a minimum of 24 inches above the newly installed water line. The damaged culvert will be plugged and filled with grout. 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? Comments: No jurisdictional determination (JD) was issued by USACE as the delineations were finalized during the Rapanos legal battle when no JDs were being issued. ? Yes ® No ? Unknown However, impacts to Waters of the US associated with the Dempsey E. Benton WTP project were permitted without modification of the jurisdictional boundaries, inferring USACE agreement with the jurisdictional boundaries shown on the design plans. 4b. If the Corps made the jurisdictional determination, what type f ? Preliminary ? Final o determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: ARCADIS Name (if known): Linda Diebolt Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation . A NCDWQ stream determination for the applicability of Neuse River Riparian Buffer Rules was conducted at the WTP on April 14, 2003 and issued August 28, 2003 (No. NBRRO-03-199). Page 3 of 13 PCN Form - Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 5. Project History 5a. Have permits or certifications been requested or obtained for ® Yes ? No ? Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. Impacts to jurisdictional resources along the force main for the Highway 50 wastewater pump station have been permitted under a Nationwide Permit (NWP) #12 (Action ID No. 200421195 and 200421196; August 16, 2004). A 401 Water Quality Certification (WQC) for the force main was issued by NCDWQ (Project No. 04-0921; July 30, 2004). As part of the permitting for the Dempsey E. Benton WTP and its associated pump stations, water transmission mains, intake and discharge sites, and other structures, a NWP #12 and #39 were issued by the USACE on April 5, 2006 (Action ID Nos. 200320193 and 200620626-200620628). Approval of the 401 WQC and Authorization Certificate per the Neuse River Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions was issued on November 26, 2006 (NCDWQ Project No. 06-1144). However, after the aforementioned Section 401 and 404 approvals were issued, a portion of the previously permitted transmission main was rerouted. Impacts to jurisdictional areas from the rerouted transmission main described herein are less than the impacts included in the April 5, 2006 USACE NWP #12 and #39 and the November 26, 2006 WQC. 6. Future Project Plans 6a. Is this a phased project? ? Yes ® No 6b. If yes, explain. Page 4 of 13 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 ? PET Culvert UT to Wildcat ? PER ® Corps 4 10 replacement Creek ® INT ? DWQ S2 ® P ? T Culvert UT to Wildcat ? PER ® Corps 4 3 replacement Creek ® 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 13 3i. Comments: Impacts will occur at the proposed inlet of the new culvert. Page 5 of 13 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 individual) list all open water impacts below. 4a. Open water impact number - Permanent (P) or Temporary T 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 ?P?T 02 ?P?T 03 ?P?T 04 ?P?T 0. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If and or lake construction proposed, then complete the chart below. 5a. Pond ID 5b. Proposed use or purpose 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (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: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: Page 6 of 13 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 impact Stream name mitigation (square feet) (square feet) Temporary T required? Replace B1 ? PET damaged Unnamed tributary to ? Yes 600 400 existing Wildcat Branch ® No culvert B2 ?P?T ?Yes ? No B3 ?P?T ?Yes ? No 6h. Total buffer impacts 600 400 6i. Comments: Temporary impacts to buffers will occur during construction activities adjacent to the culvert inlet. Page 7 of 13 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 proposed outlet of the replacement culvert will be located within an existing rip rap drainage swale. The proposed inlet of the replacement culvert will be located immediately adjacent to the inlet of the existing damaged culvert, minimizing impacts to the location of and direction of flow of the existing channel. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Installation of the replacement culvert will be accomplished by bore and jack. 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 El 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 8 of 13 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: Buffer mitigation is not required for the proposed activities. Page 9 of 13 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified ® 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: The project consists of replacing an existing culvert using bore and jack ? Yes ® No techniques. All buffer impacts will be temporary and no increase in impervious surface will occur. 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: The project area contains less than 24% impervious surface area, consists replacement of an existing culvert, and no increase in impervious surface will occur. 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 ? NSW 3b. Which of the following locally-implemented stormwater management programs ? USMP apply (check all that apply): ? 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 ? HQW 4a. Which of the following state-implemented Stormwater management programs apply ? ORW (check all that apply): ? Session Law 2006-246 ? Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No attached? 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 10 of 13 PCN Form - Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. 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)? 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. The proposed work consists of replacement of a culvert in an intermittent stream under an entrance road to a developed parcel. 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. No wastewater will be generated from the proposed project. Page 11 of 13 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. Raleigh ® ? Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? A Final Biological Assessment (BA) was submitted to the USACE in July 2005 for the Dempsey E. Benton WTP that described in detail the findings and approach to evaluating the instream flow study results, the impacts of the Dempsey E. Benton WTP project, and mitigation for impacts to the dwarf wedgemussel. The Final BA initiated formal Section 7 Consultation under the Endangered Species Act. A Final Biological Opinion (BO) was signed by the USFWS in February 2006. The conclusions of the Final BO were provided in the previously submitted PCN Application Form for the Dempsey E. Benton WTP project. 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? Determination made based upon data available through NC Center for Geographic Information and Analysis (NC CGIA). 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? Review of NC State Historic Preservation Office and Office of State Archaeology maps was conducted as part of the development of the Environmental Assessment (EA) for the Dempsey E. Benton WTP project. Additionally, the EA was reviewed through the state clearinghouse, and a Finding of No Significant Impact (FONSI) was issued by the state. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes ® No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? FEMA FIRM Panel 3720170200J (effective date May 2, 2006) Perry Allen 22 April 2009 Applicant/Agent's Printed Name A fcant/Agent's Signature Date (Agent's signature is va' only if an authorization letter from the applicant is provided.) 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