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HomeMy WebLinkAbout20110557 Ver 2_401 Application_20111011?\ - b?5`) u 2 2050 Northpoint Drive • Suite A • Winston-Salem, NC 27106 896-1300 phone 336-896-1020 fax www.geotec.com TO: Laurie Denison NCDWQ, 401/Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 WE ARE SENDING YOU: Letter of Transmittal Date: 9/30/2011 GeoSci Job # 11.213 Owens - Peters Creek Parkwa "_ _ ' I FROM: John Butler X Attached Under separate cover via the following: COPIES DESCRIPTION 4 PCN forms 1 Letter THESE ARE TRANSMITTED AS CHECKED BELOW: 0 For Approval Approved as Submitted For Your Use Approved as Noted As Requested Revise and resubmit/for your use Time: Date:/ REMARKS: Mrs. Denison, = Attached are 4 PCN's for the stream stabilization project on Tar Creek located at 984 Peters Creek Parkway in Winston-Salem and the letter requesting work directly in the stream. Signed: -'eoScience & Q ?b ®?®9 P. A. "Practical Engineering & F.nvbvnmental Solutions September 23, 2011 Amy Euliss NCDENR - DWQ 585 Waughtown Street Winston-Salem, NC 27107 Mrs. Euliss: 2050 Northpoint Drive • Suite A Winston-Salem, NC 27106 Phone: (336) 896-1300 Fax: (336) 896-1020 geosci@geotec.com www.geotec.com This letter is intended to clarify our plan for stream stabilization required at 984 Peters Creek Parkway in Winston-Salem, NC. Please refer to our previously submitted plans and PCN in reference to this letter. Our original and previously approved plan limited our impact in Tar Creek to the area immediately in and around a landslide that occurred in the southwest corner of the property. The landslide occurred due to a failed CMP storm drain that weakened the fill slope adjacent to the creek and caused a catastrophic failure. Once the trees in the landslide area were removed it became apparent that more reinforcement was required than originally anticipated. Our most recent submitted plan shows gabion and geolift reinforcement for 160 LF of stream. After consulting with Northstate Environmental, we have decided to work in the stream without constructing a bypass channel or pumping. Work will be limited to periods of dry weather to the greatest extent possible. The stream will be accessed at one point only on property owned by the City of Winston-Salem on the west side of the stream. The city is granting this access because they would like to protect an existing city owned 42" sanitary sewer that is located on the east side of the stream. Access from the owner's property on the east side of the stream was deemed too risky due to the potential impact from heavy construction equipment. The city property is slated for future residential development. They would like to preserve as many trees as possible and a bypass channel was ruled out for practical and aesthetic reasons. Our observations of the stream indicate that it rises very quickly even during small rain events due to the impervious nature of its catchment area which is over 5 square miles. We estimate based on our conversations with Northstate Environmental that three 18" pumps would be required to pump around the work area during wet weather events. Pumps of this size are not typically installed on a temporary basis. They would need to be housed with large fixed inlets that would likely need an estimated submergence depth of at least 36". The presence of visible surface rock in the repair area makes the successful construction of a maintainable intake sump of such depth unlikely. The cost of the stream stabilization will likely exceed $150,000 inclusive of the actual stabilization and imported fill. The cost of installing pumps of this size would likely exceed the cost of the repairs, possibly making the repairs financially unfeasible. The presence of surface rock does give the equipment that will be in working the stream a firm substrate on which to move. The tracked equipment that Northstate Environmental intends to use will spread out loads on the stream bottom so that rutting does not occur. Any shallow ruts that are created will be quickly filled in by the naturally occurring sand in the repair area. Please include this letter with our previously submitted plans and PCN as justification for working directly in the stream. Northstate Environmental is a well respected company with years of experience in stream work. I am sure that they can keep impacts to the stream minimized while constructing the repairs. The risk of a sewer rupture with miles of potential environmental catastrophic stream impact far exceeds the risk of a small amount of localized stream impact that can be quickly repaired at the completion of the work, and I hope that this letter will serve to expedite the approval of our plans. If you have any questions, please call. Thank you for allowing us to be of service. Sincerely, Gcien, & Tec olo PA Jolin A. Butler Project Engineer o??F W ATF9QG 1 f > ?r-i I I - 0SS r) u 2- 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 I PA IV py 1. Processing N4' ) 1 a. Type(s) of approval sought from the Corps: N Section 404 Permit El Section 10 Permit 1 b. Specify Nationwide Permit (NW P) number: 13 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? N Yes ? No 1 d. Type(s) of approval sought from the DWQ (check all that apply): N 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 N No For the record only for Corps Permit: ? Yes N 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 N No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ? Yes N No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes N No 2. Project Information 2a. Name of project: 984 Peters Creek Parkway Stream Bank Stabilization 2b. County: Forsyth 2c. Nearest municipality / town: Winston-Salem 2d. Subdivision name: NA 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Ann Owens Cherry ?`??4{!+ 3b. Deed Book and Page No. 2143 203 3c. Responsible Party (for LLC if applicable): Ann Owens Cherry 3d. Street address: 4048 Mobley's Bridge Road 3e. City, state, zip: Grimesland, NC 27837 3f. Telephone no.: 252-267-3291 3g. Fax no.: 252-267-3291, on request 3h. Email address: epo21 @roadrunner.com Page I of 11 PCN Form - Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ® Agent ? Other, specify: 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: John A. Butler 5b. Business name (if applicable): Geoscience & Technology, P.A. 5c. Street address: 2050 Northpoint 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 11 PCN Form - Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1 a. Property identification no. (tax PIN or parcel ID): 3824-78-8814 Latitude: 36.075792 Longitude: - 1 b. Site coordinates (in decimal degrees): 80.259489 (DD.DDDDDD) (-DD.DDDDDD) 1 c. Property size: 1.44 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Peters Creek proposed project: 2b. Water Quality Classification of nearest receiving water: C 2c. River basin: Yadkin- Pee Dee 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 site is approximately 1.4 acres in size. Ground cover is mostly impervious. Its current use is commercial. The land uses in the sourriounding area are predomominantly commercial. Peters Creek runs along the western property line. The stream is deeply incised at the repair location with near vertical bank heights at the waters edge exceeding 8 feet in height. A landslide has occurred between the stream and an existing building and parking lot on the site threatening the building's stability as well as the stability of an existing active 42" sanitary sewer in the area of the slide. 3b. List the total estimated acreage of all existing wetlands on the property: 0 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 236 3d. Explain the purpose of the proposed project: The purpose of this project is to replace a failed storm drain and repair a landslide that occurred due to eroded soil and stabilze additional areas of significant bank erosion. 3e. Describe the overall project in detail, including the type of equipment to be used: This project will involve the replacement of a failed CMP storm drain that was installed in 1961 with a new HDPE storm drain in the same location, construction of 160 LF of 6' vertical foot (VF) gabion baskets with rip-rap reinforcement at the gabion/water interface, 6 VF geolifts, and 5 VF+/- of reinforced backfill. Total cumulative reinforced height will be 17 VF +/- 2 VF. This site will require the following equipment; tracked truck for work in the stream itself, sheepsfoot roller, walk behind vibratory roller, bulldozer, bobcat, mini-excavator. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ? Yes ®No ? Unknown project (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type ? Preliminary ? Final of determination was made? 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. Page 3 of 11 PCN Form - Version 1.3 December 10, 2008 Version 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ® Yes ? No ? Unknown 5b. If yes, explain in detail according to "help file" instructions. Previously permitted for stabilization of 40 If of stream bank. This impact is included in the revised 160 LF impact length. 6. Future Project Plans 6a. Is this a phased project? ? Yes ® No 6b. If yes, explain. Page 4 of 11 PCN Form - Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ? Wetlands ® Streams - tributaries ? Buffers ? Open Waters ? Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ - non-404, other) (acres) Temporary T W1 ? P ? T ? Yes ? Corps ? No ? DWQ W2 ? P ? T ? Yes ? Corps ? No ? DWQ W3 ? P ? T ? Yes ? Corps ? No ? DWQ W4 ? P ? T ? Yes ? Corps ? No ? DWQ W5 ? P ? T ? Yes ? Corps ? No ? DWQ W6 ? P ? T ? Yes ? Corps ? No ? DWQ 2g. Total wetland impacts 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - or (PER) (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ - non-404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ®P ? T Gabions & geolifts for Bank Peters Creek ® PER ?INT ® Corps ®DWQ 36 tob-tob 160 Stabilization 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 160 3i. Comments: Impact length measured at stream centerline. Page 5 of 11 PCN Form - Version 1.3 December 10, 2008 Version 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number - (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 01 ?P?T 02 ?P?T 03 ?P?T 04 ?P?T 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If and or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. 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: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. ? Neuse ? Tar-Pamlico ® Other: Yadkin-Pee Project is in which protected basin? Dee ? Catawba ? Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number- Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary T impact required? B1 ?P?T ?Yes ? No B2 ? P ? T ? Yes ? No B3 ?P?T ?Yes ? No 6h. Total buffer impacts 6i. Comments: Tar Creek has Class "C" classification. No buffers are required. Page 6 of 11 PCN Form - Version 1.3 December 10, 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Storm installed perpendicular to stream. Single equiopment access point provided and no additional access points will be allowed. Permanent hard reinforcement determined to be only stable stream reinforcement technique due to existing soil conditions and large flows expected. Alternative methods such as root balls considered and determined to be unstable. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Banks will be stabilized as fill is placed. Erosion control measures per the plan. Working from within the stream will require minimal disturbance of stream buffers. 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 [:1 Payment to in-lieu fee program ? Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: 4. Complete if Making a Payment to In-lieu Fee Program 4a. Approval letter from in-lieu fee program is attached. ? Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non-riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 7 of 11 PCN Form - Version 1.3 December 10, 2008 Version 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ? Yes ® No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). 6h. Comments: Page 8 of 11 PCN Form - Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 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. ? Yes ? No Comments: 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 0 - No Change % 2b. Does this project require a Stormwater Management Plan? ? Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: This is a repair project. No new development of 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? Winston-Salem/Forsyth 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 ? 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 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) 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 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. 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 El Yes ® No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. El Raleigh ? Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Physical observation of the surrounding area. There is no habitat for the red-cockaded woodpecker or the bog turtle per USFWS website. 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? This is a class C urban creek. There is no essential fish habitat. 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? North Carolina State Historic Preservation Office Website; NC list of National Historic Register sites and recent nominations. NC Office of State Archaeology website; list of archaeological sites. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? -TED-Yes ? No 8b. If yes, explain how project meets FEMA requirements: A vertical gabion wall with geolifts will be built with a small amount of fill placed within the 100 year floodplain. The small amount of fill required is not expected to affect floodwater flow through the site. The stream bank will in affect be returned to its previous location before severe erosion occurred. 8c. What source(s) did you use to make the floodplain determination? FEMA (FIRM) flood map #3710694200J John A. Butler Geoscience and Technology, PA Applicant/Agent's Printed Name Applicant/Agent's Signature (Agent's signature` is valid only if an authorization letter from the applicant Date is provided.) Page 11 of 11 PCN Form - Version 1.3 December 10, 2008 Version