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HomeMy WebLinkAbout20071384 Ver 1_Application_20070813Office Use Only: Form Version February 2002 07'- 1 3g4 USACE Action ID No. DWQ No. If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than leaving the space blank. P A I I~ I. Processing Check all of the approval(s) requested for this project: ® Section 404 Permit ^ Section 10 Permit ® 401 Water Quality Certification ^ Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: NW 27, NW 33, NW 43 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 (see section VIII -Mitigation), check here: ^ D ~ ~ ~ ~~~ II. Applicant Information AUG 1 u 2007 1. Owner/Applicant Information DENR - WATER QtiALiTY Name: City of Winston-Salem (Attn: Keith Huffl w~nArx~au~srrn~naa*FasRrwcH Mailing Address: 101 North Main Street Suite 53 Winston-Salem. NC 27101 Telephone Number: 336-747-6962 Fax Number: 336-748-3173 E-mail Address: keithhl~a cityofws.or~ 2. Agent 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: Rocky Powell Company Affiliation: Clear Creeks Consulting LLC Mailing Address: 1317 Knopp Road Jarrettsville MD 21084 Telephone Number: (410) 692-2164 Fax Number: (410) 692-2164 E-mail Address: clearcreeks(cr~clearviewcatv.net Page 5 of 16 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: Bath Branch Stream Valley Restoration 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 4. Location County: Forsyth Nearest Town: Winston-Salem Subdivision name (include phase/lot number): NA Directions to site (include road numbers, landmarks, etc.): I40 West, Rte 152 North, Stadium Drive West 5. Site coordinates, if available (UTM or Lat/Long): 36°05'24.13" N, 80°13'58.99" (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. Describe the existing land use or condition of the site at the time of this application: Highly urban -East Winston Salem Commercial/Industrial land and City Maintenance Yard 7. Property size (acres): 8. Nearest body of water (stream/river/sound/ocean/lake): Bath Branch/Salem Creek 9. River Basin: Yadkin Pee-Dee River (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at htt~://h2o.cnr.state.nc.us/adminhnaps/.) Page 6 of 16 10. Describe the purpose of the proposed work: Restore 22001inear feet of Bath Branch by utilizing a natural channel design approach; Remove concrete rubble fill from floodplain and valley side slopes; Provide quantity and quality storm water management for 491 acres of unmanaged urban watershed by creating three regional storm water wetland ponds. 11. List the type of equipment to be used to construct the project: Tracked excavators with hydraulic thumbs, tracked trucks and tracked loaders, dump trucks and misc. small trucks. 12. Describe the land use in the vicinity of this project: Although the stream corridor along much of Bath Branch downstream of U.S. Business 40 is wooded, the dominant land use in the upper watershed is industrial (light manufacturing), high density commercial uses (e.g., office buildings, small businesses, restaurants, etc.), highway and streets, and a smaller percentage of single family residential and moderate to high density multi- family residential situated in the neighborhoods east of Route 52. With the exception of a 50 foot open channel section, the original Bath Branch upstream of U. S. Business 40 was enclosed in an extensive piped storm drain system when the area was filled in the late 1960's to accommodate the interchange of U. S. Business 40 and Route 52, expansion of the rail yard, and development of manufacturing facilities. 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. A pre-application meeting was held on-site May 2, 2007 to present the project to the permitting agencies. The following persons were in attendance: Mr. John Thomas, USACOE; Mr. Daryl Lamb, NC DWQ; Mr. Ian McMillan, NC DWQ; Mr. Eric Kulz, NC DWQ; Mr. Clif Whitfield, NC DLQ; Mr. Keith Huff, City of Winston Salem; Mr. Rocky Powell, Clear Creeks Consulting, Mr. Carl Corse, and Mr. Christopher Stepp, CNA Engineers. 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. None anticipated Page 7 of 16 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 brief written description of the proposed impacts: Temporary impacts include: 1) Removal of existing vegetation along the stream corridor to remove exotic and invasive plant species and at various points along Bath Branch to allow removal of rubble fill, grading, sloping, and matting of the banks. Permanent impacts include: 1) Placement of fill along 1079 feet of deeply incised perennial stream to raise the streambed, reconnect the channel with its floodplain and provide grade control by installing log-boulder step pools and boulder cascades; and 2) placement of fill in 50 linear feet intermittent channel section to construct 7 acre stormwater wetland. 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*** * List each impact separately and identity temporary impacts. Impacts include, but are not limited to: mechanized clearing, gractmg, i~11, 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 Insurance 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 http:iiwww.fema.gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) List the total acreage (estimated) of all existing wetlands on the property: 0.0 acres Total area of wetland impact proposed: 0.0 acres Page 8 of 16 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Length of Average Perennial or Site Number Type of Impact ** Stream Name Width of Intermittent? (indicate on * Impact (linear feet) Stream Before (Please specify) map) Impact Relocate 1971 ft pipe x Piped Storm aft wide flow 1 Drain to in pipe = 5913 Bath Branch 3 ft Intermittent SWM Pond ft2 = 0.135 acres 2 SWM Pond 50 ft Bath Branch 3 ft Intermittent 3 Restoration 2199 ft Bath Branch 15 ft Perennial * List each impact separately and identify temporary impacts. Impacts 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.uss.gov. Several Internet sites also allow direct download and printing of USGS maps (e.g., w~~~~~.topozone.com, www.ma~quest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: 2249 feet 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.) below: Open Water Impact Site Number (indicate on ma) * Type of Impact Area of Impact (acres Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. * List each impact separately and identify 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.): Page 9 of 16 1. The Southern District Stormwater Wetland Pond will be an excavated facility with a 0.79 acre permanent pool, a forebay at the inlet to the facility, amicro-pool at the outlet to the facility, and a wetland bench around the perimeter of the permanent pool. Concrete weir walls will provide structural control between the forebay and permanent pool, and the micro-pool and permanent pool. A 5' x 5' concrete riser structure with a 36" RCP spillway will provide detention for the temporary water quality volume and smaller storm events. An earthen spillway will function as an emergency spillway for large storm events. Construction of this stormwater retrofit facility involves removal of paving, more than 1.5 acres of excavation in the existing City Maintenance Yard, and relocation of the existing storm drain system. The outside perimeter of the wetland facility has a riparian buffer of native grasses, trees and shrubs. The facility is situated in uplands outside of the 100-yr floodway and floodplain of Salem Creek. 2. The Credit Union Stormwater Wetland Pond will be an excavated facility with a 0.80 acre permanent pool, a forebay at the inlet to the facility, amicro-pool at the outlet to the facilty, and a wetland bench around the perimeter of the permanent pool. Concrete weir walls will provide structural control between the forebay and permanent pool, and the micro-pool and permanent pool. A 5' x 5' concrete riser structure with a 36" RCP spillway will provide detention for the temporary water quality volume and smaller storm events. An earthen spillway will provide hydrologic conductivity between the facility and Salem Creek in the event of flooding. Construction of this stormwater retrofit facility involves more than 2.0 acres of excavation in the vacant lot at the rear of the City Credit Union site, and relocation of the existing storm drain system. The outside perimeter of the wetland facility has a riparian buffer of native grasses, trees and shrubs. The facility is situated in uplands but within the 100-yr floodway and floodplain of Salem Creek. 3. The Central District Stormwater Wetland Pond includes an upper cell that has a permanent pool surface area of 1.23 acres and a lower cell with a permanent pool surface area of 2.13 acre. Each cell has a forebay at the inlet to the cell, amicro-pool at the outlet to the cell, and a wetland bench around the perimeter of the permanent pool. Concrete weir walls will provide structural control between the forebay and permanent pool, and the micro-pool and permanent pool in each cell. Both cells have in-pipe pretreatment systems that remove mass solids and trash. A 10' x 10' concrete riser structure will be constructed onto an existing 10' x 10' concrete box culvert that conveys runoff underneath Business I-40. The riser structure has a dual low flow device with 10" orifices to provide temporary water quality volume of 17.98 ac-ft with a 24-hour drawdown time. The outside perimeter of the wetland facility has a riparian buffer of native grasses, trees and shrubs. Construction of this stormwater retrofit facility involves demolition and removal of existing industrial buildings, excavation of more than 7.0 acres of existing paving, and relocation of the existing storm drain system and several utilities including an 18" sanitary sewer upgrade that runs through the outlet culvert. Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): The goal of the three (3) regional stormwater retrofits is to provide quantity and quality storm water management for 491 acres of unmanaged urban watershed. Page 10 of 16 Size of watershed draining to pond: Expected pond surface area: Associated impacts: o Southern District Stormwater Wetland Pond: DA - 65 acres, SA - 1.3 acres • Wetlands -none • Stream -none o Credit Union Stormwater Wetland Pond: DA - 71 acres, SA - 1.7 acres • Wetlands -none • Stream -none o Central District Stormwater Wetland Pond: DA - 355 acres, SA - 6.4 acres • Wetlands -none Stream - SO linear feet, Type -Intermittent 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. The general restoration approach includes installing stormwater wetland ponds to provide water quality and quantity management for a highly urbanized watershed and reconstructing reaches of the Bath Branch remove historic floodplain fill, reconnect the channel with the floodplain, and stabilize eroding streambanks and valley slopes. The temporary impacts associated with mechanical clearing will remove dense growth of exotic and invasive plant species and allow access for grading eroding stream banks. All disturbed areas impacted within the limits of the project will be seeded with native grasses and planted with native trees and shrubs. All disturbed areas impacted outside the limits of the project will be seeded with grasses and clover. The permanent impacts are associated with fill. The majority of the fill placed will involve placing boulder, cobble and gravel backfill to raise the streambed and reconnect the channel to its floodplain and reconstructing narrower channel cross-sections to improve habitat and sediment transport. In addition, log-boulder step-pools will be constructed along the lower reach where the streambed will be raised significantly. Avoidance of these impacts would be inconsistent with many of the objectives of this project including: reconnecting the stream channels with their floodplain, improving habitat by constructing a narrower and deeper baseflow channel, improving sediment transport capacity, reducing sedimentation, and protecting the stream banks from scour. The design of the Central District Stormwater Wetland Pond was developed with the goal of maximizing reductions in pollutant loadings and peak discharges to Bath Branch. It includes an upper cell that has a permanent pool surface area of 1.23 acres and a lower cell with a permanent pool surface area of 2.13 acre. Each cell has a broad wetland bench. Both cells have in-pipe Page 11 of 16 pretreatment systems that remove mass solids and trash, as well as deep forebays for particulate removal. The perimeter of the wetland facility has a riparian buffer of native grasses, trees and shrubs. Construction of this stormwater retrofit facility involves demolition and removal of existing industrial buildings, excavation of more than 7.0 acres of existing paving, and relocation of the existing storm drain system. There will be no wetland impacts associated with the Central District stormwater retrofit. Impacts are limited to 50 feet of open channel (with intermittent stream flow) in a system where 99% of the original stream channel was piped prior to 1968. Results of flow monitoring conducted in the storm drain system and Bath Branch confirmed that base flow is intermittent upstream of the culvert at U.S. Business 40. Mid way through the culvert beneath U.S. Business 40 drainage from the watershed east of Route 52 joins the system. From this point downstream baseflow is perennial The selection of the location for the Central District stormwater retrofit was based on several factors. Locating the facility upstream of US Business 40 positioned it at the downstream end of the piped storm drain system that conveys stormwater runoff from downtown Winston Salem into Bath Branch. This allowed for quality and quantity management of the maximum possible drainage area while still avoiding the open and perennial sections of Bath Branch downstream of US Business 40. The fact that the land was donated to the City of Winston Salem specifically for the stormwater retrofit, allowing the City a significant savings in public funds, was also a major consideration. 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. USACE - 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 maybe 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 USACE 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 Page 12 of 16 in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.usincwetlandsistrm~ide.html. 1. 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. Given the type of project it is not anticipated that mitigation will be required. In fact, the project itself could be viewed as mitigation for historic land use impacts to Bath Branch. As a result of this project 491 acres of highly urbanized watershed will be managed for water quality and quantity, 1.5 acres of wetlands will be created, 2200 feet of eroding stream channel will be stabilized, and sediment and nutrient loadings to the Salem Creek and the Yadkin Pee Dee River resulting from urban runoff and eroding streambanks will be significantly reduced. In addition, the project will establish a 20 acre conservation easement that permanently protects the stormwater wetlands, stream, and riparian corridor. In particular the Central District regional stormwater retrofit will manage 355 acres of downtown Winston Salem (67 % impervious surfaces). It will provide a 70% reduction in pollutant loadings from the total drainage area and reduce the 1-YR and 2-YR peak discharges by 78% and 64%, respectively. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that you would like to pay into the NCWRP. Please note that payment into the NCWRP must be reviewed and approved before it can be used to satisfy mitigation requirements. Applicants will be notified early in the review process by the 401/Wetlands Unit if payment into the NCWRP is available as an option. For additional information regarding the application process for the NCWRP, check the NCWRP website at httP:;';h2o.c,Ir.state.nc.usi'wrplindex.hm~. 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): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount ofNon-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): IX. Environmental Documentation (DWQ Only) Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ® No ^ Page 13 of 16 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 (DWQ Only) 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 (Meuse), 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* Impact (s uare feet Multiplier Required Miti ation 1 3 2 1.5 Total Gone 1 extends out 3U feet perpendicular from near bank of channel; Gone Z 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. Page 14 of 16 XI. Stormwater (DWQ Only) 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. Central District Stormwater Wetland Pond Total Watershed - 355 acres Impervious - 235.6 acres (existing), 235.6 acres (proposed) This is a City sponsored regional Stormwater retrofit facility. The goal of implementing this component of the overall restoration project is to protect downstream surface waters (i.e., Salem Creek and Yadkin Pee Dee River) by reducing pollutant loadings from urban runoff and reducing stream instability by controlling peak discharges. XII. Sewage Disposal (DWQ Only) 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. XIII. Violations (DWQ Only) 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. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). Page 15 of 16 lid/ a/~/~~ ~ Applicant~~gent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 16 of 16