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HomeMy WebLinkAbout20090795 Ver 1_401 Application_20090709 ?Il obgyq P.A. "Practical Engineering & Environmental Solutions" 09-0795 2050 Northpoint Drive • Suite A Winston-Salem, NC 27106 Phone: (336) 896-1300 Fax: (336) 896-1020 geosci@geotec.com www.geotec.com July 16, 2009 Mr. John Thomas Raleigh Regulatory Field Office US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27586 Telephone (919) 554-4884 (Ext. 25) JUL s i 2ooe Mr. John Dorney ' Division of Water Quality NCDENR 4401 Reedy Creek Road ' Raleigh, North Carolina 27607 Telephone (919) 733-1786 1 - WATER WEIINIDS?i ND SYMNA? NVJCH PAI11 RE: Preconstruction Notification Application (Revised) Nationwide Permit #3, Repair of Existing Structure to Bring it up to Current Safety Standards Stream: Unnamed Tributary to Ellison Creek Lewisville, Forsyth County, NC Our Project #09.232 Dear Mr. Thomas and Mr. Dorney: On behalf of Stan and Brenda Forester ("Forester"), Geoscience & Technology, P.A. ("GeoSci") is pleased to submit the enclosed Preconstruction Notification Form (PCN) for impacting an 80 ft. section of a stream in Lewisville, NC. The following text contains additional information concerning the proposed project. Where the information pertains to specific items in the PCN, the PCN section numbers are used. ' Background ' The Forester property on which the bulk of the dam sits is designated as Forsyth County Tax Block 4433 Lot 031N. A part of the embankment and some of the proposed features of the project will be on the parcel also owned by Forester, and designated Block 4433 Lot 031B. Access to the site is through the driveway of 1098 Reynolds Road, Lewisville. The unnamed stream is marked on the US Geodetic Survey Quadrant maps with a solid blue line. It discharges into Ellison Creek approximately 12,000 ft. away. ' NC DENR issued a Notice of Violation in 2004, listing repairs that are required to bring the dam into compliance with the Dam Safety Law. Among the violations listed are inadequacy of the principal spillway, corrosion of the corrugated metal pipe ("CMP") principal spillway and failure to maintain the embankment free of brush and trees. Forester retained GeoSci for engineering consulting services related to design of the repairs. NC DENR has approved the repair plan. i The approved repair plan includes installing a new principal spillway system that incorporates pre- cast concrete manholes and reinforced concrete pipe ("RCP"), and plugging and abandoning the existing principal CMP spillway. The alignment of the new spillway RCP is chosen to minimize excavation in the embankment and for the tailwater discharge to be close to tangential to the stream. Discharge will be on to a riprap dissipater pad, which is part of the permanent impact. The existing downstream slope of the dam embankment is approximately 2H: 1V, which is not possible to mow mechanically. Part of the plan to facilitate long term maintenance of the dam is to reduce the severity of the slope to 3H : 1V, which is a safe slope for tractor mounted mowers. The modification entails covering approximately 60 ft of the stream. This is also part of the permanent impact. In summary, our proposal is to fill approximately 60 ft. of the stream, immediately downstream from the end of the existing CMP, and to place a riprap dissipater pad, for a total permanent impact of 80 ft., as measured along the existing stream centerline. 30 ft. of temporary impact will be required during construction, for placement of the dissipater and for space to place cofferdams to enable bypass or pump around during work in the stream. In a telephone conversation with Mr. Thomas, he advised us that NWP #3 is appropriate for this project. ' We request the corresponding General Certification from NC DWQ. We understand that the NC DWQ Authorization Number 3705 may apply. ' Project Description PCN §111. 10) Proposed construction details are indicated on Sheets 1 and 2. The proposed project consists of: 1) Install erosion control measures. 2) Clear site, strip and stockpile topsoil. 3) Maintain low pool using temporary siphon. 4) Adjust grade at emergency spillway. ' 5) Excavate for and placing new principal spillway. 6) Install a temporary cofferdam to allow bypass or pump-around. 7) Repair the hole in the CMP spillway. ' 8) Grout the CMP. 9) Install permanent siphon drain. I F1 t 10) Place fill on downstream slope of embankment. 11) Remove temporary measures. 12) Apply a layer of topsoil, turf reinforcement mat and seed. The project is described on the enclosed drawings. Sheet SP-1 contains a small-scale plan of the surrounding area, showing topography and physical features, downloaded from the Forsyth County GIS. Schedule The contractor has been selected. Once permits are in hand, construction will be complete within 14 weeks. Stream Impacts (§V1.3) Under the proposed construction, approximately 80 linear ft. of the stream will be permanently impacted and approximately 30 additional ft. will be temporarily impacted during construction. The 80 ft. of permanent impact consists placing fill and a dissipater pad in the existing stream. These lengths are measured along the mapped centerline of the stream. Impact Justification (Avoidance and Minimization) §Vll: The impacts are necessary to bring the dam into compliance and to make possible the continuation of compliance with dam safety law. The ability to maintain the embankment mechanically is essential to keeping the dam in compliance. l The 80 ft. impact just allows the 3H : 1V slope that can be maintained mechanically and the placement of a dissipater pad. Reduced impact could only be achieved with a steeper slope that would not be safe to maintain mechanically. Submittal 1 The original and one (1) copy of this application are enclosed for the Corps of Engineers. Five (5) copies are enclosed for the Division of Water Quality. A check made payable to the NC Division of Water Quality for the application fee of $240.00 is attached to the cover page of one copy of the application sent to the NC DWQ. FI 1 1 1 t 11 Please let us know if you have any questions or require further information with regards to this application. With best regards, GEOS E AND TECI•F Carl von burg ,. 02407 Senior Civil Engineer enclosures: PCN forms%< iro° R Original and otte4d, pia eYo John Thomas, COE Five (5) copies to John Dorney, DWQ attachments: A check for $240.00 application fee attached to one copy sent to NC DWQ cc: w/att. Steve Tedder, Winston-Salem Regional Office, NC DWQ Jeff Kopf, Erosion Control, Flood Plain Manager, Winston-Salem/Forsyth Co. Stan Forester 1 1 i t FIGURES J t /Y J 000 91 46 a ILL 1k; 0 Irv ,A . Subject Site ?Jl t. ?llr I ??? i p . .•- _ _ • + ? ,t Y ti ?L 41 ? ;::?r/?;P:-t`? • ? Vii-- , 13N t Al i t Tide: Project Forester Parker Lake #2 Dam Scale: NTS Date: 1/9/200-5 VeI.&-hen? F, Site Location Map T?r'hidbgy P. A. J b N L i R i i , o o.: ocat on: L i ill NC Fig. No.: 1 ev s on No.: Iy rZr ic• ngneenng Enuronmemal Solationc" 04.376 ew sv e, 0 Winston-Salem, NC (336)896-1300 PCN APPLICATION FORM 0-9-0 3 5 .. OF wHF,- o? Qc - Office Use Only: ' ci Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre-Construction Notification (PCN) Form A. Applicant Information 1 . Processing ' 1 a Type(s) of approval sou ht from the . g Corps: ®Section 404 Permit ? Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 3 (Repair existing structure to bring it up to current safety stanards) or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ® Yes ? No 1d. 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 For the record only for DWQ 401 For the record only for Corps Permit: because written approval is not required? Certification: ? Yes ® No ? Yes N No If. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation ? Yes ® No of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu fee program. 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h ? Yes ® No below. 1 h Is the roject locat d ithi NC DCM . p e w n a Area of Environmental Concern (AEC)? ? Yes ® No 2. Project Information 2a. Name of project: REPAIR OF PARKER LAKE #2 DAM (FORSY - 040) 2b. County: FORSYTH ' 2c. Nearest municipality / town: LEWISVILLE 2d. Subdivision name: NONE JUL 2 2009 2e. NC DOT only, T.I.P. or state NONE project no: ENR-WATER g0AEI7Y 3. Owner Information 3a. Name(s) on Recorded Deed: FORESTER, STANLEY F., JR. & BRENDA I. 3b. Deed Book and Page No. 1581-375, 1673-3291 7 3c. Responsible Party (for LLC if applicable): STANLEY F. FORESTER, JR. 3d. Street address: 1098 REYNOLDS ROAD 3e. City, state, zip: LEWISVILLE, NC 27023 Ef. Telephone no.: 336-760-6500 Fax no.: 336-760-6521 3h. Email address: stanforester@yahoo.com Page 1 of 10 PCN Form - Version 1.3 December 10, 2008 Version 1 1 1 t t t 4. Applicant Information (if different from owner) 4a. Applicant is: ? Agent ? Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Carl von Isenburg, PE 5b. Business name (if applicable): GoeScience & Technology, PA 5c. Street address: 2050 Nortpoint Drive 5d. City, state, zip: Winston-Salem, NC 27106 5e. Telephone no.: 336-896-1300 5f. Fax no.: 336-896-1020 5g. Email address: cvi@geotec.com Page 2 of 10 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): 5885-30-7678.00 & 5885-40-0142.00 1b. Site coordinates (in decimal degrees): Latitude: 36.079684 Longitude: - 80.409915 (DD.DDDDDD) (-DD.DDDDDD) 1 c. Property size: 37.22 & 6.58 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to proposed project: Unnamed tributary to Ellison Creek 2b. Water Quality Classification of nearest receiving water: C 2c. River basin: YADKIN-PEEDEE 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 an eathen dam, 50=/- years old, requiring repair of principal spillway. Surrounding land is lightly wooded. 3b. List the total estimated acreage of all existing wetlands on the property: 2,404 Ft. Riverine Wetland, 4.61 Ac Lacustrine Wetland 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 2 404 he purpose of the proposed project: eplace spillway of existing earthen dam. P ' Describe the overall project in detail, incl uding the type of equipment to be used: CMP barrel. Installl new princ. spillway and drain. Add fill to downstream face. Use heavy earth moving equip. ' 4. Jurisdictional Determinations 4a. Have jurisdictional wetland t or s ream determinations by the r.nrnc nr Cfnfn I-- , a a . _?a_:_ _ . _ ?-.......,.. ... ......... .? wi a Iw `.ll V?JGI ly ' project (including all prior phases) in the past? ? Yes ®No El Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? ? Preliminary ? Final 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 ® No El Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? El Yes ® No 6b. If yes, explain. Page 3 of 10 ' PCN Form - Version 1.3 December 10, 2008 Version V. rroposed Impacts Inventory 1. Impacts Summary 1a. Which sections were completed below for your project (check all that apply): 1 ? 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. Wetland impact 2b. 2c. 2d. 2e. Type of jurisdiction 2f. number - Permanent (P) or Type of impact Type of wetland (if known) Forested (Corps - 404, 10 DWQ Area of impact Temporary T - non-404, other) (acres) 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 ? P ? T ? Yes ? Corps E ? No ?DWQ W6 ? P ? T ? Yes ? Corps El No ?DWQ 2g. Total wetland impacts GII. vVI11111G11 W. 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. Stream impact Type of impact Stream name 3d. Perennial 3e. 3f. Type of jurisdiction Average 3g. Impact number - Permanent (P) or (PER) or (Corps - 404, 10 stream length Temporary (T) intermittent (INT)? DWQ - non-404, width (linear f other) (feet) eet) S1 ® P ? T Fill None PER ® Corps ? INT 10 ® DWQ 80 S2 ? P ® T Temp. Work None ® PER ® Corps 10 ? INT ® DWQ 30 S3 ? P ? T ? PER ? Corps ? INT ? DWQ S4 ? P ? T ? PER ? Corps ? INT ? DWQ S5 ? P ? T ? PER ? Corps ? INT ? DWQ S6 ? P ? T F1 PER El Corps ? INT ? pWQ 3h. Total stream and tributary impacts 110 3i. Comments: The fill is to decrease the slope of the downst ream face of the dam to facilitate maintenance. Page 4 of 10 ' PCN Form - Version 1.3 December 10, 2008 Version 1 1 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. Open water 4b. Name of waterbody 4c. 4d. 4e. impact number - Permanent (P) (if applicable) Type of impact Waterbody type Area of impact (acres) 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 and or lake construction proposed, the n complete the chart below. 5a. 5b. 5c. 5d. 5e. Pond ID Proposed use or purpose Wetland Impacts (acres) Stream Impacts (feet) Upland ' number of pond (acres) Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total ' Sg. 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: 6 B ff I . u er mpacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts b l e ow. If an impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ? Neuse ? Tar-Pamlico ? Other: ? Catawba ? Randleman 6b. 6c. 6d. Buffer impact 6e. 6f. 6g number - Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) for Stream name mitigation (square feet ) or Tern ora T im act (square feet) re uired? B1 ?P?T ?Yes ? No B2 ?P?T ?Yes ? No B3 ?P?T ?Yes ? No 6h. Total buffer impacts 6i. Comments: 1 Page 5 of 10 PCN Form - Version 1.3 December 10, 2008 Version 1 D. Impact Justification and Mitigation ' 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Permanent impact is result of repair to bring dam into compliance with Dam Safety Act and to facilitate maintenance. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Temp. coffer dam and pump around. Where possible, equipment will be on bank. 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 ' ? Mitigation bank 2c. If yes, which mitigation option will be used for this project? 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. 1 1 t Page 6 of 10 PCN Form - Version 1.3 December 10, 2008 Version 1 1 1 1 1 1 1 1 1 1 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 7 of 10 PCN Form - Version 1.3 December 10, 2008 Version ' 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 ? 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. ' ? Yes ? No Comments: 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: No increase in impervious area ' 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? Forsyth County/Lewisville ' ? 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 ? HQW El 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 ; !b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No i Page 8of10 ' 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 t environmen al 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. ' 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. None 1 1 1 Page 9 of 10 ' 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 ® N impacts? o ' 5c. If yes, indicate the USFWS Field Office you have contacted ? Raleigh . ? Asheville 5d Wh t d . a ata sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? ' USFWS website list of endangered species. t4G KID Id 11 f e ePhOwt'Ce,5 COGS PM (S S!O 17 <iQ. Li? v r lie . 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? Same q 5 Sa( , . 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7 Will a. this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status (e.g., National Historic Trust designation or properties significant in ? Yes No ' North Carolina history and archaeology)? ' 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? State Historic Preservation Office (awaitin re g sponse) 8. Flood Zone Designation (Corps Requirement) 8a Will thi t . s projec 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 Maps Stanley F. Forester 1 Applicant/Agent's Printed Name Appl'c t/ ens Signature ' 7 Wae (Agent s si re is valid ly if n thorization letter from the applicant is ovided. 1 Page 10 of 10 ' PCN Form - Version 1.3 December 10, 2008 Version 1 1 1 1 1 1 1 1 I DRAWINGS 1