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HomeMy WebLinkAbout20110906 Ver 1_401 Application_201110112 0 1 1 0 9 0 6 a4' tW.:..s. `B,.,ir.? October 11, 2011 Ian McMillan North Carolina Department of Environmental and Natural Resources Division of Water Quality 401 /Wetlands Unit 1650 Mail Service Center ~ Raleigh, NC 27699-1650 J9@tqflPgR D OCT 1 1 2011 "IR nANDS gIyD "T'MQq? BRANCH RE: Pre-Construction Notification (PCN) Application Crabtree Creek Stream Restoration (Tributary of Mine Creek) Project Location: 8000 Block of Old Deer Trail, NC 27615 Dear Mr. McMillan, Enclosed are five copies of the completed "Pre-Construction Notification (PCN) Application Form" and five sets of plans (two sets of full size plans and three 11 x 17 inch copies) for the referenced project. In addition, I have attached a check for $570.00 for the permit fee. I am submitting one copy of this application to the United States Army Corps of Engineers. Thank you for your assistance in processing this application. If you need additional information, please contact me at (919) 996-4028. Sincerely, Robert Kirkpatrick Project Engineer Public Works Department Stormwater Management Division 222 West Hargett Street, Suite 301 Post Office Box 590 Raleigh, North Carolina 27602-0590 www.raleighnc.gov robert.kirkpatrick@ci.raleigh.nc.us 919.996.3940 Office Enclosures Robert Kirkpatrick 919.996.4028 Direct Project Engineer 919.278.6475 Mobile cc: Danny Bowden, P.E. Mark Senior, P.E. OFFICES • 222 WEST HARGETT STREET • POST OFFICE BOX 590, RALEIGH, NORTH CAROLINA 27602 201 1 0 9 0 6 TE9oG ot W A O? ? r o Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre-Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ?X Section 404 Permit ? Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: NW 27 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? 7 - ?X Yes ? No 1 d. 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 NX 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. N Yes ?X No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 In below. N Yes 0 No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes 0 No 2. Project Information 2a. Name of project: Crabtree Creek Stream Restoration/Stabilization - Old Deer Trail Site 2b. County: Wake 2c. Nearest municipality / town: City of Raleigh 2d. Subdivision name: N/A p9i k!&' 2e. NCDOT only, T.I.P. or state project no: N/A orl-r 3. Owner Information a i 20,? 3a. Name(s) on Recorded Deed: City of Raleigh DENR-WATERQUAL11Y 3b. Deed Book and Page No. N/A TER BRANCH 3c. Responsible Party (for LLC if applicable): N/A 3d. Street address: 222 West Hargett Street 3e. City, state, zip: Raleigh, NC 27607 3f. Telephone no.: 3g. Fax no.: 3h. Email address: Page 1 of 10 PCN Form - Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ? Agent ? Other, specify: 4b. Name: Carl Dawson, PE. Public Works Director 4c. Business name (if applicable): City of Raleigh / Public Works Department / Stormwater Utility Division 4d. Street address: 222 West Hargett Street, Room 301 4e. City, state, zip: Raleigh, NC 27602 4f. Telephone no.: 919-996-4028 4g. Fax no.: 919-996-7633 4h. Email address: robert.kirkpatrick@ci.raleigh.nc.us 5. Agent/Consultant Information (if applicable) 5a. Name: Ron Johnson 5b. Business name (if applicable): AECOM 5c. Street address: 701 Corporate Center Drive, Suite 475 5d. City, state, zip: Raleigh, NC 27607 5e. Telephone no.: 919-854-6210 5f. Fax no.: 919-854-6259 5g. Email address: ron.johnson@aecom.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 1707783479 1 b. Site coordinates (in decimal degrees): Latitude: 35.887723 Longitude: -78.638099 1c. Property size: 5.45 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: unnamed tributary to Mine Creek 2b. Water Quality Classification of nearest receiving water: C, NSW 2c. River basin: Neuse River Basin 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: See attached sheet for additional information. 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: 1,400 3d. Explain the purpose of the proposed project: To stabilize the existing channel and remove a source of sediment to the Mine Creek Drainage 3e. Describe the overall project in detail, including the type of equipment to be used: See attached sheet for additional information. 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? ? Yes ?X No ? Unknown Comments: No wetlands are present 4b. If the Corps made the jurisdictional determination, what type of determination was made? ? Preliminary ? Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. N/A 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ?Yes ?X No ? Unknown 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. The City of Raleigh, as part of the Honeycutt Greenway Project, proposes to construct a greenway trail on this property after channel restoration is complete. The current greenway trail design places the trail along the eastern side of this channel restoration. Page 3 of 10 PCN Form - Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. 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. Wetland impact number Permanent (P) or Temporary T 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 Choose one Choose one Yes/No - W2 Choose one Choose one Yes/No - W3 Choose one Choose one Yes/No - W4 - Choose one Choose one Yes/No - W5 Choose one Choose one Yes/No - W6 Choose one Choose one Yes/No - 2g. Total Wetland Impacts: 2h. Comments: No wetland impacts are anticipated. 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. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 P Stabilization UT to Mine Creek PER Corps 8 361 S2 Choose one S3 Choose one _ S4 Choose one - S5 Choose one S6 Choose one 3h. Total stream and tributary impacts 361 3i. Comments: Structures will be placed in the stream to stabilize banks. Three meander bends will be regraded to eliminate a sharp bend, to avoid the removal of large trees, and to reduce sediment input into the stream. Page 4 of 10 PCN Form - Version 1.4 January 2009 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 Choose one Choose 02 Choose one Choose 03 Choose one Choose 04 Choose one Choose 4f. Total open water impacts 4g. Comments: No open water impacts are anticipated 5. Pond or Lake Construction If and or lake construction proposed, then complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 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 an impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ?X Neuse ? Tar-Pamlico ? Catawba ? Randleman ? Other: 6b. Buffer Impact number- Permanent (P) or Temporary T 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet 6g. Zone 2 impact (square feet 131 T Stream stabilization UT to Mine Creek No 15,454 5,908 B2 Yes/No B3 Yes/No B4 Yes/No B5 Yes/No B6 Yes/No 6h. Total Buffer Impacts: 15,454 5,908 6i. Comments: Buffers to be reestablished after stabilization is complete. Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Buffer impacts minimized by not accessing or disturbing north side of stream bank. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. All work will be performed in the dry. Flow will not be directed into the new channel until the banks are stabilized with coir matting or vegetation. Strict erosion control measures will be in place. 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 ?X 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 ? 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: Choose one Type: Choose one Type: Choose one Quantity: Quantity: Quantity: 3c. Comments: 4. Complete if Makin 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: Choose one 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: N/A 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. Project is to restore an unstable stream system. Mitigation is not required. Page 6 of 10 PCN Form - Version 1.4 January 2009 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 Yes OX No buffer mitigation? 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. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (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). Buffers that are disturbed during construction will be replanted with trees. Additionally, some areas currently maintained as residential lawn will be planted with trees and shrubs. 6h. Comments: Stream stabilization activities are listed as Exempt. Page 7 of 10 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 within one of the INC Riparian Buffer Protection Rules? ?X Yes ? No 1 b. If yes, then is a diffuse flow plan included? If no, explain why. No increase in impervious surface - no stormwater will be generated by the project ? Yes ?X No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? % 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: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: 2e. Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? City of Raleigh 3b. Which of the following locally-implemented stormwater management programs apply (check all that apply): ?x Phase II 0 NSW ? USMP ? Water Supply Watershed ? Other: 3c. Has the approved Stormwater Management Plan with proof of approval been attached? ? Yes ?X No 4. DWQ Stormwater Program Review 4a. Which of the following state-implemented stormwater management programs apply (check all that apply): ?Coastal counties ?HQW ?ORW ?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 8 of 10 PCN Form - Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) I 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 ?X 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 ?X No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after-the-fact permit application? ?Yes 0 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 E9 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. The project will not generate any wastewater. Page 9 of 10 PCN Form - Version 1.4 January 2009 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 ?X No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes ?X No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. - 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? USFWS web site, NC Natural Heritage Program database (GIS), and site visit by qualified biologists. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes Q No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? Wake is not a coastal County, and none of the streams can provide spawning areas for anadromous fish species. 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 ?X 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 GIS data layers from NC Onemap. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes ?X No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? Review of NC Flood mapping and Wake County mapping. ?r Applicant/Agent's Printed Name Applicant/Agent's S ature ?} Date (Agent's signature is valid only f n authorizatidif letter from the applicant is rovided. Page 10 of 10 Additional Information for PCN Crabtree Creek Watershed Stream Stabilization - Old Deer Trail Site B. Project Information and Prior Project History 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the thime of this application: The Old Deer Trail site is located on the south side of Old Deer Trail between Running Cedar Trail and Clear Brook Drive. The site is owned the the City of Raleigh and is undeveloped. However, adjacent landowners tend to maintain and mow the property up to the stream banks. Residential areas are located to the east and west of the tract. A public sewer main is present on the property on the west side of the stream. A narrow band of trees is present along the west bank of the stream. More trees are present along the east bank. To the north of Old Deer Trail the stream is relatively stable and contains a large amount of bedrock that appears to help maintain that stability. The stream passes through a culvert beneath Old Deer Trail. At this point the stream becomes incised with tall steep eroding banks. The stream flows in a southerly direction for about 370 feet before taking a sharp bend to the west. The stream is incised and downcut below the roots of the existing trees. The banks are either vertical or undercut. Significant erosion is noted in a number of locations. It is estimated that the streambanks in the project area are contributing about 84 tons of sediment per year to the Mine Creek watershed (see attached worksheet). 3e. describe the overall project The project will stabilize the stream channel within its existing channel, with some realignment of the existing channel where needed to preserve trees. Bankfull benches will be constructed to allow for flooding. Rock structures consisting of grade control vanes will be constructed to help control grade and assist with stability. Vegetation will be used to stabilize the banks. Vegetative buffers will be reestablished adjacent to the channel. Equipment to be used will consist of backhoes, front end loaders, and other typical construction equipment. The attached design plans show the project in detail. Worksheet 5-10. Summary form of annual streambank erosion estimates for various study reaches. Stream: Mine Creek, Reach - Old Deer Trail Location: Off Old Deer TH., Raleigh, NC Graph Used: NC Erodibility Total Bank Length (ft): 471 Date: 6/12/2008 Observers: IJ, KL Valley Type: Stream Type: C/Cb 1 2 3 4 5 6 7 8 Station (ft) BEHI rating (Worksheet 5-8) (adjective) NBS rating (Worksheet 5-9) (adjective) Bank erosion rate (Figure 5-38 or 5- 39) (ft/yr) Length of bank (ft) Study bank height (ft) Erosion subtotal [(4)x(5)x(6)] (ft3/yr) Erosion Rate (tons/yr/ft) {[(7)/27] x 1.3/(5)) 1. 0-28 (L) Moderate Moderate 0.060 28 4.3 7.224 0.01 2. 28-66 (L) Moderate Moderate 0.060 38 8 18.24 0.02 3. 30-75(R) High High 0.200 45 6.5 58.5 0.06 4. 75-107(R) High High 0.200 30 6.5 39 0.06 5. 66-127(L) High High 0.200 61 6.5 79.3 0.06 6. 107-170(R) Moderate High 0.140 63 7 61.74 0.05 7. 127-159(L) High High EO.200 32 7.8 49.92 0.08 8. 170-261 (R) Moderate Moderate 91 8 43.68 0.02 9. 159-235(L) High High 0.200 76 7 106.4 0.07 lo. 261-381(R) Very High Very High 1.200 120 7 1008 0.40 11.279-346(L) High High 0.200 67 6.2 83.08 0.06 12. 381-426 (R) High High 0.200 45 7 63 0.07 13. 346-401 (L) Moderate Moderate 0.060 55 2 6.6 0.01 14. 426-471 (R) High Extreme 0.380 45 7 119.7 0.13 15.235-279(L) Low Low 0.005 44 2.5 0.55 0.00 Sum erosion subtotals in Column (7) for each BEHI/NBS combination Total erosion ft3/yr) 1744.9 Convert erosion in ff/yr to yds3/yr {divide Total erosion (R/yr) by 27} Total erosion ds3/yr) 64.6 Convert erosion in ydg/yr to tons/yr {multiply Total erosion (yd? yr) by 1.3} Total erosion (tons/yr) 84.0 Calculate erosion per unit length of channel {divide Total erosion (tons/yr) by total length of stream (ft) surveyed} Total erosion (tons/yr/ft) 0.2 Copyright © 2006 Wildland Hydrology WARSSS page 5-81 i N '. • 1 i:_`rf a --------------------------------------- c o 00 MI, n i J dol n sA sz' E)USTINGCONDITIONS +uen +' k?bueetkaltra. 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