HomeMy WebLinkAbout20120100 Ver 2_401 Application_2013041311- vova-
i
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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