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HomeMy WebLinkAbout20120778 Ver 1_401 Application_20120912NCDENR- North Carolina Department of Environment and Natural Resources Division of Parks and Recreation Beverly Eaves Perdue, Governor Lewis R. Ledford, Director Dee Freeman, Secretary August 31, 2012 Mr. Ian McMillan North Carolina Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699 -1650 0 � � RR 9 n RE: Water Quality Certification Request S E P- 4 2012 UT To Grassy Creek Sewer Stabilization Pilot Mountain State Park (Surry County) Dear Mr. McMillan: Enclosed are five copies of a completed application submittal package requesting a Water Quality Certification (No. 38803) which corresponds to US Army Corps of Engineers ( USACE) Nationwide Permit 3. This application package consists of the following documentation: a completed PCN form, two maps, and two project drawings. Please also find the enclosed journal transfer documentation indicating that payment of the $240 application fee has been transferred from the account of the Division of Parks and Recreation (DPR) to the Division of Water Quality. We respectfully request an expedited review due to the emergency nature of these repairs and the potential for the structural integrity of the sewer pipe and water quality to be compromised if this area is not stabilized as soon as possible. The project will involve stabilization of approximately 30 feet of eroded streambank and exposed sewer pipe in the southeastern portion of the Mountain Section of Pilot Mountain State Park in Surry County, North Carolina. The eroded area will be backflled with 12- inch compacted lifts and covered with geotextile fabric. Riprap with an average diameter of 21 inches will be placed over the compacted fill, with larger riprap placed at the toe of the streambank. Park staff anticipates using a small walk behind skid- steer to place the heavy material; smaller material will be placed by hand around the pipe. DPR is concurrently submitting one copy of this permit application to Mr. Monte Matthews of the USACE Raleigh Field Office to request a General Permit Verification under Nationwide Permit 3. DPR is also submitting one copy of this application to Mr. David McHenry of the NC Wildlife Resources Commission since this project is located within one of North Carolina's 25 designated `trout counties'. Please contact me if you require additional information. Sincerely, Amin K. Davis Environmental Review Coordinator Division of Parks and Recreation, Natural Resources Program North Carolina Department of Environment and Natural Resources (919) 707 -9329 / amin.davis @ncdenr.gov 1615 Mail Service Center, Raleigh, North Carolina 27699 -1615 Phone: 919 - 707 -9300 • Internet: www.ncoarks.gov An Equal Opportunity • Affirmative Action Employer - 50 % Recycled • 10 % Post Consumer Paper JA ot WArF19 Q r Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre - Construction Notification PCN Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ®Section 404 Permit El Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 3 or General Permit (GP) number: 1 c. 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 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 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h . below. [I 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: UT To Grassy Creek Sewer Stabilization 2b, County: Surry 2c. Nearest municipality / town: Pinnacle ` 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 4 20 2 3. Owner Information L by NR . GyR 3a. Name(s) on Recorded Deed: State of North Carolina (c /o NC Division of Parks & Recreation ® gra 3b. Deed Book and Page No. 296/495 3c. Responsible Party (for LLC if applicable): 3d. Street address: 1615 Mail Service Center (c /o NC State Property Office) 3e. City, state, zip: Raleigh, NC. 27699 3f. Telephone no.: (919) 707 -9363 3g. Fax no.: (919) 715 -5161 3h. Email address: sue.regier @ncdenr.gov (DPR Head of Land Protection) Page 1 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: NCDENR, Division of Parks and Recreation (c /o Pilot Mountain State Park) 4c. Business name (if applicable): 4d. Street address: MSC 1615 4e. City, state, zip: Raleigh, NC. 27699 -1615 4f. Telephone no.: (919) 707 -9329 4g. Fax no.: (919) 715 -5161 4h. Email address: amin.davis @ncdenr.gov 5. Agent/Consultant Information (if applicable) 5a. Name: N/A 5b. Business name (if applicable): 5c. Street address: 5d. City, state, zip: 5e. Telephone no.: 5f. Fax no.: 5g. Email address: Page 2 of 11 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): 5964 -00-46 -5352 1b. Site coordinates (in decimal degrees): Latitude: 36.3660 Longitude: - 80.457 (DD DDDDDD) (- DD.DDDDDD) 1c. Property size: 3,651 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Grassy Creek proposed project: 2b. Water Quality Classification of nearest receiving water: WS -IV 2c. River basin: Yadkin 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 project area consists of an approximately 30 -foot eroded area along the left streambank of an unnamed tributary to Grassy Creek in the southeastern portion of Pilot Mountain State Park. An eight -inch sewer pipe that runs along the left bank has been exposed in this eroded area. The project area is primarily wooded and bordered by US Highway 52 to the east. General land use in the vicinity of the project area consists of a mixture of recreational, rural residential, and agricultural lands. 3b. List the total estimated acreage of all existing wetlands on the property: 78 acres (per NWI wetland mapping). 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: — 67,980' per USGS GIS mapping. 3d. Explain the purpose of the proposed project: Stabilize the eroded streambank and exposed eight -inch sewerline. 3e. Describe the overall project in detail, including the type of equipment to be used: The project will involve stabilization of approximately 30 feet of eroded streambank by backfilling the eroded area in compacted lifts of 12 inches and covering with geotextile fabric. Riprap with an average diameter of 21 inches would then be placed over the compacted fill with larger riprap placed at the toe of the streambank. Park staff anticipates using a small walk behind skid steer to place the heavy material; smaller material will be placed by hand around the pipe. 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 [I Preliminary El 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. 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. Page 3 of 11 PCN Form — Version 1.3 December 10, 2008 Version 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 1a. 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 [IT ❑ Yes ❑ Corps ❑ No ❑ DWQ W2 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑P ❑T ❑Yes [I 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: N/A 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 Permanent P or () intermittent DWQ —non -404, (linear Temporary (T) (INT)? other) (feet) feet) S1 ®P ❑ T ® PER ® Corps 4 30 ❑ INT ® DWQ 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 30 3i. Comments: Necessary to stabilize eroded streambank and protect exposed sewer line. 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 Tem ora T 01 ❑P ❑T 02 ❑P ❑T 03 ❑P ❑T 04 ❑P ❑T 4E Total open water impacts 4g. Comments: N/A 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 5g. Comments: N/A 5h. Is a dam high hazard permit required? ❑ Yes ®No If yes, permit ID no: 5i. Expected pond surface area (acres): N/A 5j. Size of pond watershed (acres): N/A 5k. Method of construction: N/A 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: N/A 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 Stream name mitigation (square feet) (square feet) Temporary T impact required?' 61 ❑P ❑T El Yes ❑ No B2 ❑P ❑T ❑Yes ❑ No B3 ❑P ❑T ❑Yes ❑ No 6h. Total buffer impacts 6i. Comments: Page 6 of 11 PCN Form — Version 1.3 December 10, 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The streambank stabilization is anticipated to improve the structural integrity of this eroded area. The design incorporates geotextile fabric and adequately -sized riprap to maximize stability. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. N /A. 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 ❑ 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 Ea. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. N/A 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 ❑ Yes ® 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: 69. 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). N/A 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 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? <1 % 2b. Does this project require a Stormwater Management Plan? ❑ Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Well below required threshold. 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? N/A ❑ Phase II 3b. Which of the following locally- implemented stormwater management programs ❑ NSW ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ® Other: N/A 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 ❑ ORW (check all that apply): ❑ Session Law 2006 -246 ® Other: N/A 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 213 .0200)? 2b. Is this an after - the -fact permit application? ❑ Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non- discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. N/A Page 10 of 11 PCN Form — Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes ® No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ® No impacts? 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? GIS file of rare species occurrences and significant natural heritage areas provided by the NC Natural Heritage Program. 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? Previous personal communications with NOAA National Marine Fisheries Service staff. 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? Consultations with the Office of State Archeology staff on 8/13/12. 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? GIS data provided by http: / /www.ncfloodmaps.com Amin Davis/ NC DPR I L 8/16/12 Applicant/Agent's Printed Name WC Date —bM Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 11 of 11 PCN Form — Version 1.3 December 10, 2008 Version Y c 'a o c d v c H Li � a .� u p l 'o. E U c U r rr o®® 09 LLn , I I ? � � � iI I , M I I � °• 7 1 z c Y � a C s r u-C y c co QCj 2 S Q m U i 2 d a a MR iter- i %. -1A -.AV rv- • LEGEND Park Boundaries 0 0.125 0.25 0.5 Miles 0 1,150 2,300 4,600 Feet Scale: I" = 2,000' Sources: USGS (PinnacleTopographic Quadrangle) Prepared Date: AKD/8-9-12 Sewer Pipe Stabilization North Carolina Division of Vicinity Map Pilot Mountain State Park Parks and Recreation Surry County, North Carolina Figure 1 I l l N x 1 w I I I I I 1 I I 3 w H I a--I W a L I J Y Q Q mu A m IO uj wm I I L� I I I O Z OY I \ I I I ly 3 \ \ W \ \ H \ U u \ O U N a C3 � J W o U U I A ao I F a~ > o a as U m a m V U 6. I J A� d J J ►� L. I N W W 1 U � � Q J Jbe O J Im .Ni l7 li Q Q � Z 0 11 H U 1 LLJJ U - - IY I U