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HomeMy WebLinkAbout20070721 Ver 1_More Info Received_20070605r • C A S S O C I A T E S May 31, 2007 Ms. Lori Beckwith US Army Corps of Engineers Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, North Carolina 28801 Dear Ms. Beckwith: j','- G7ai PAYMENT RECEIVED Q~~~od~~ JUN 5 2007 17ENR -WATER Ol1ALiTY VYfTLAND3/WD STOftb14NATER BRANCH RE: Pre-Construction Notification Application -Revision North Fork Reservoir Dredging City of Hendersonville, North Carolina On behalf of the City of Hendersonville, please find enclosed a revised Pre-Construction Notification Application Form for the above referenced project along with additional supporting figures. This application is for the full scale dredging and dewatering project at the North Fork of the Mills River Reservoir and supersedes the application submitted on April 25, 2007 for the pilot scale dredging project. It is proposed to remove approximately 6,500 cubic yards of sediment by means of a hydraulic dredge and to dewater the material with Geotubes to be staged at an existing clearing located adjacent to the access road to the reservoir. The dredge will be launched and retrieved from the shoreline of the reservoir therefore no equipment, other than the dredging apparatus will be in the reservoir or the stream below. The filtrate from the Geotube, which will be relatively clear as a result of the filtering capability of the Geotube fabric (as demonstrated during the pilot test conducted earlier this month), is proposed to be discharged into the stream. The filtrate will receive additional treatment by means of a temporary sediment trap which will remove any solids remaining after treatment by the Geotubes. By copy of this letter, we have provided copies of this application to both the Division of Water Quality (Central and Regional Offices) and the North Carolina Wildlife Resources Commission for their review and comment. Engineering P l a n n i n g F i n a n c e McGill Associates, P. A. P. O. Box 2259, Asheville, NC 28802 55 Broad Slreel, Asheville, NC 28801 828-252-0575 Fn.z: 828-252-2518 • Ms. Lori Beckwith ~ May 31, 2007 Page 2 of 2 Lori, we look forward to your timely review and approval of this application. If you have any questions or require further information please do not hesitate to call. Sincerely, McGILL ASSOCIATES, P.A. MIC AEL T. DOWD, P.E. Project Manager Enclosure cc: Mr. Lee Smith Mr. Ron Reid Mr. Ian McMillan w/encl. (4 copies) Mr. Kevin Barnett w/ encl. (1 copy) Mr. David McHenry w/encl. (1 copy) Mr. Jeff Bishop, P.E. 0 65 5 0/letters/lb2 5 apr07. doc r ~7 G?aI Office Use Only: Form Version May 2002 USAGE Action ID No. DWQ No. lTF.. .1.. I. II. 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ^ Riparian or Watershed Buffer Rules ^ Section 10 Permit Isolated Wetland Permit from DWQ ® 401 Water Quality Certification -- .+.., r.,....,,..u..~~....~ iiv~ a(ljlul:CUlc w uuJ pru~ect, please enter ~ ivot Applicable" or "N/A".) EAYMENT Processing RECEIVED 2. Nationwide, Regional or General Permit Number(s) Requested: 12 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ^ 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: ^ 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), Applicant Information JUN 5 2007 1. Owner/Applicant Information Name: Cit of Hendersonville -~nq psR " wgrE~ ~~q~~7Y Mailing Address: P. O. Box 1760 Hendersonville N. C. 28793 Telephone Number: (8281697-3073 Fax Number: (828) 697-3074 E-mail Address:__ lsmith cr,cityofhendersonville orb 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Company Affiliation: Mailing Address: Telephone Number: Fax Number: E-mail Address: Page 5 of 13 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps maybe included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: North Fork of the Mills River Reservoir Dred ing 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): N/A 4. Location County: Henderson Nearest Town: Mills River Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): see attached Vicinit~Map 5. Site coordinates, if available (UTM or Lat/Long): Not Available (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres): Water body to be dredged is approximately 0.95 acres and staying and dewatering area is approximately 1 2 acres 7. Nearest body of water (stream/river/sound/ocean/lake): North Fork Mills River 8. River Basin: French Broad (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Existing area is undeveloped and is located in the Pisgah National Forest 10. Describe the overall project in detail, including the type of equipment to be used: Page6of13 This protect consists of a hydraulic dyed in and dewaterin~ operation to remove accumulated sediment from the North Fork of the Mills River Reservoir. The ro osed activities would include the use of a cable euided hydraulic dredge to pump sediment from the reservoir mto a manifolded bank of Geo-Tubes which will filter the solids from the slurry. Filtrate from the Geo-Tube will be directed through a temporary sediment trap and then into the adiacent stream (North Fork of Mills River) The Geo-Tubes includin the filtered sediment will be disposed of off site 11. Explain the purpose of the proposed work: The City of Hendersonville has proposed this activity to to restore the reservoir to a condition that will allow it to continue to serve as a source_ of raw water and to protect the downstream waters from potential damage due to sediment release dunng extreme weather events IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. N/A V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. N/A VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: The project will temporarily impact the North Fork Mills River Reservoir as a result of the dred 7ing/pumpi~ activities however due to the methods employed by the dredging operation it is not Page 7 of 13 anticipated that these impacts will be significant Other temporary impacts could include those associated with the construction machinery however these are not anticipated to be st ntficant as traffic of this e ui ment will be limited to reviousl disturbed and stabilized areas such_as the existing road way and vehicle parking area near the dam 2. Individually list wetland impacts below: Wetland Impact Site Number (indicate on ma) Type of Impact* Area of Impact (acres) Located within 100-year Floodplain** (yes/no) Distance to Nearest Stream (linear feet Type of Wetland*** N/A -•-- ---•• ••••r~~• ~~r•••u•~•y ~••u •.,.,~~~~~y ~cu~puinry unpacts. impacts mciuoe, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood [nsurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at httn://www.fema Qov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: N/A Total area of wetland impact proposed: N/A 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number (indicate on ma) Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Im act Perennial or Intermittent? (leases eci ) * t ict varh of r .,tel., ,... ,J :,1__.:c. . --•~• - ••••r~~• o.,f,u•a•~,,y m,u iucuuiy icn~purary nnpacts. tmpacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. ** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at www.uses.eov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.manauest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Page8of13 Open Water Impact Site Number (indicate on ma) 1 Type of Impact* redging Area of Impact (acres) .95 Name of Waterbody (if applicable) North Fork Mills River Res. Type of Waterbody lake ( > pond, estuary, sound, ba ,ocean, etc.) reservoir * r ,~. ,.ti •-•~• ~u~• ~•~~t,a... acNmaic~y gnu iaenury temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 5. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands Describe the method of construction (e.g., dam embankment, excavation, installation of draw-down valve or spillway, etc.): N/A rroposea use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Size of watershed draining to pond: N/A Expected pond surface area: N/A VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It maybe useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. Construction traffic will be constrained to reviousl disturbed and stabilized areas and the dred~in~ process will limit disturbance of the sediment laver to the area immediately surroundtn~ the cutter head. Filtrate water from the Geo-Tube that will be returned to the stream will be relatively clear as a result of the filtering capability of the fabric and anv remaining suspended solids should settle out to the temporary sediment trap so as not to compromise the water Quality of the stream. The city or its selected contractor will be on site durin the operation at both the dred~tn~ site and the dewatering site to ensure the process is operatic sahsfactonly and will halt the dred~tn~ operation m the event of anv malfunction which could Ieapordize the reservoir or the receiving stream Page 9 of 13 VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USAGE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USAGE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at httn://h2o.enr.state.nc.us/ncwetlands/strm~;ide html. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): N/A Page 10 of 13 Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount ofNon-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ® No ^ If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ^ No If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^ X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify ~? Yes ^ No ® If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Im act s uare feet ~ ) Multiplier Required Mitigation 1 N/A 3 N/A 2 N/A 1.5 N/A Total N/A N/A Page 11 of 13 * Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration /Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0260. __ N/A XI. Stormwater (required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. N/A XII. Sewage Disposal (required by DWQ) 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 XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ^ No Is this an after-the-fact permit application? Yes ^ No XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. 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