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HomeMy WebLinkAbout20120100 Ver 2_401 Application_2013041311- vova- i l' �J WinanVem Public Works Department Stormwater/Erosion and Sedimentation Control Program City dwinston -um P.O. Box 2511 Wimmn- Salem, NC 27102 Citylink 311(336.727.8000) Fax 336.748.3173 wwattaarmawatnm Dear Mr. Thomas, March 28, 2013 x USMr. John Thomas rt--k. Army Corps of Engineers �* Raleigh Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 013 Wake Forest, NC 27587 Subject: SAW #20 1200231 and WQC #12 -0100 Winston -Salem Employee Credit Union Stream Bank Stabilization and Soil Remediation Project — PCN Submittal NWP #13 and #27 Forsyth County, North Carolina The Catena Group, Inc. ( Catena) was originally retained by the City of Winston -Salem through Griffith Enterprises, Inc. to assist in acquiring the necessary environmental permits for City property in Forsyth County, NC. A 404 permit (SAW 2012 0023 1) and a 401 permit (DWQ# 12 -0100) were both issued, February 7, 2012 and April 17, 2012, respectively. The 404 permit expired March 18, 2012, with a one year grace period to complete construction and the 401 permit expired on the same date. To date, the construction has not been completed. Accordingly, the following is a re- submittal of the original application requesting new authorizations. The site, located adjacent to the current Winston -Salem Employees' Credit Union (Forsyth County PIN Numbers: 6835 -52 -0604, 6835 -42 -8267, 6835 -42 -7543, and 6835 -41- 1126), is approximately 5.74 acres. It is bordered to the south by the perennial Salem Creek and to the west by a perennial Unnamed Tributary (UT) to Salem Creek. The site was once used as a repository (circa 1940) for waste fly -ash. This fly -ash layer (approximately 6 -8 feet thick or 30,000 tons) which was deposited over the site extends throughout the banks of both streams. The banks on both streams are quite steep and eroding; resulting in fly -ash entering the waterways. Due to the thickness of the fly -ash, the banks will likely remain unstable and continue to degrade for the foreseeable future. The City of Winston -Salem currently holds a Phase I NPDES permit to manage stormwater runoff, Salem Creek, identified as one of the most polluted streams in the area, is on the 303d list due to stormwater impacts. The North Carolina Division of Water Quality has instituted a Total Maximum Daily Load (TMDL) for Salem Creek for Biological Impairment with which the city must comply. The City has prepared a Water Quality Recovery Plan for this watershed and the proposed activities of this permit are part of that plan. The City of Winston -Salem proposes to remove the fly -ash and dispose of it offsite. In conjunction with the removal, the right descending bank of Salem Creek and the left descending bank of UT to Salem City Cooadb Mayor Allen Joins. VMan H. Burke, Mayor Pro Tempom. Nor&em Want: Denise D. Adanw North Wad: Dan Be.. Southwen WLrd: Robert C Clark Wen Wad Call 311 or 336- 727 -8000 Molly Leigbr. Soutb Wad: Wanda Mendel. Nonhwet Wad; Deravrn L Montgomery& Em Wad; James Taylor. Jr.. soudmu Ward; Cry Manger: Lee D. Garrity citylink @cityotws.org Page 2 of 2 Creek will be graded and stabilized following standard stream restoration procedures. In addition, a rock bolder vein (7 feet long by 4 feet tall by 4 feet wide) will be installed in Salem Creek to help protect and stabilize the newly graded bank. Please find enclosed the completed PCN form and attachments necessary for Nationwide Permits # 13 and #27. We appreciate your time and assistance with this matter. If you have any questions, please contact me at 336- 734 -1318. Sincerely, exwv ul J. Lance Covington, PE Senior Civil Engineer Enclosures: PCN Form and Attachments CC: NCDWQ 401 /Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699 -1650 US Fish & Wildlife Service 160 Zillicoa Street Asheville, NC 28805 ot WArF9 G 0 O �c Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre - Construction Notification C Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ®Section 404 Permit ❑Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number. 13 and 27 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes ® No Id. 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 le. 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. ❑ Yes ® No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: Winston Salem Employee Credit Union Stormwater Pond 2b. County: Forsyth 2c. Nearest municipality / town: Winston Salem 2d. Subdivision name: n/a 2e. NCDOT only, T.I.P. or state project no: n/a 3. Owner Information 3a. Name(s) on Recorded Deed: City of Winston Salem; Attn: Keith Huff, Stormwater / Erosion Control Division 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): 3d. Street address: P.O. Box 2511 3e. City, state, zip: Winston- Salem, NC 27102 3f. Telephone no.: 336 - 727 -6962 3g. Fax no.: 3h. Email address: 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: Keith Huff, Director 4c. Business name (if applicable): City of Winston- Salem, Stormwater / Erosion Control Division 4d. Street address: 101 North Main Street 4e. City, state, zip: Winston - Salem, NC 27101 4f. Telephone no.: 336 - 747 -6962 4g. Fax no.: 336 - 748 -3173 4h. Email address: keithh1 @cityofws.org 5. Agent/Consultant Information (if applicable) 5a. Name: 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): 6835 -52 -0604, 6835 -42 -8267, 6835 -42 -7543, 6835 -41- 1126 (Forsyth County PIN numbers) 1 b. Site coordinates (in decimal degrees): Latitude: 36.086 Longitude: - 82.237 (DD.DDDDDD) (- DD.DDDDDD) 1c. Property size: 5.74 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Salem Creek (Middle Fork Muddy Creek) proposed project: 2b. Water Quality Classification of nearest receiving water: C 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 majority of the proposed site is buried in 30,000 tons of fly ash (deposited in the 1940s), approximately 6 -8 feet deep, which is evident in the eroding banks of Salem Creek. The site is adjacent to the Winston Salem Employees Credit Union on the north side of Salem Creek. 3b. List the total estimated acreage of all existing wetlands on the property: No wetlands were observed on site during field investigations. 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: Salem Creek: 500 Total: 500 ft 3d. Explain the purpose of the proposed project: As part of the City of Winston- Salem's Water Quality Recovery Plan to reduce pollutant loading in Salem Creek, approximately 30,000 tons of fly -ash, some of which is eroding into Salem Creek, will be removed and the affected banks graded and stabilized. 3e. Describe the overall project in detail, including the type of equipment to be used: Approximately 30,000 tons of fly -ash will be removed from the site using traditional construction equipment. Approximately 500 linear feet of the right descending stream bank of Salem Creek will be restored and stabilized through grading and using geotextile matting along with native riparian vegetation, as detailed on the attached plans. In addition, a rock boulder vane (7ft long x 4ft tall x 4ft wide) will be installed near the downstream end of the restored bank. 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 ® No ❑ Unknown Comments: There are no wetlands and two streams as noted on plans, of which only Salem Creek will be impacted. 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 S. 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. 401 & 404 permit coverage including NWPs 13 & 27 expired. This is a re- submittal of the original application requesting new authorizations. 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) Tem ora W1 ❑ P [IT ❑ Yes ❑ Corps ❑ No ❑ DWQ W2 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P [IT ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P [IT ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P [IT ❑ 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 - (PER) ) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ®P ®T bank stabilization Salem Creek ® PER ❑ INT ® Corps ® DWQ 25 500 S2 ®P ®T rock boulder vane (fill) Salem Creek ® PER ❑ INT ® Corps ® DWQ 25 7ft long x 4ft tall x 4ft wide 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 500 3i. Comments: The right descending bank of Salem Creek will be impacted 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 01 ❑P [IT 02 ❑P 03 ❑P 04 ❑P ❑T 4E Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then 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 5E 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: 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 impact required? 61 ❑P ®T ❑Yes ❑ No 132 ❑P ❑T ❑Yes ❑ No B3 ❑P ❑T ❑Yes ❑ No 6h. Total buffer impacts 6i. Comments: Project is in Yadkin River Basin (Forsyth County) - no protected buffers Page 6 of 11 PCN Form — Version 1.3 December 10, 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The project has been deisgned to reduce and mimize the impacts of the current layer of fly -ash which is eroding into Salem Creek. The removal of the fly -ash will result in reduced impact to downstream ecosystems. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. 1. Temporay construction entrance created off of Salem Avenue; 2. Silt fence with stone outlets will be installed along Salem Creek side of property; 3. Temporary diversions and slope drains will be installed; 4. When vegetation is removed, roots will be mechanically shaken to remove as much fly -ash as possible; 5. Contaminated soil and vegetation will be disposed of off - site; 6. Erosion control measures inspected weekly and after each significant rain event; 7. All disturbed areas will be seeded; 8. Ground cover will be established within 15 working or 21 calendar days (whichever is shorter) following completion of any phase of grading; 9. Permanent groundcover for all disturbed areas within 15 working days or 90 calendar days (whichever is shorter); 10. Silt fence will remain in place until approval from engineer 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 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% 2b. Does this project require a Stormwater Management Plan? ❑ Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: The project only involves streambank stabilization 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? City of Winston -Salem ❑ Phase 11 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 ❑ HOW 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 ❑ Yes ❑ No attached? 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) la. 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 ❑ Yes ❑ No letter.) 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 ❑ Yes ® No impacts? ❑ Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? NCNHP GIS data S. 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? USACE data 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? SHPO GIS data: Site ID FY2402 - Happy Trails Truss Bridge. There will be no impacts to this resource 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: It will increase floodplain capacity, so positive impact 8c. What source(s) did you use to make the floodplain determination? www.floodmaps.nc.gov Keith Huff, Director City of Winston -Salem Al March 28, 2013 Stormwater / Erosion Control Div. Applicant/Agenrs Signature Date Applicant/Agent's Printed Name (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