HomeMy WebLinkAbout20150015 Ver 1_401 Application_20150115GSP CONSULTING
December 18, 2014
NCDENR - Division of Water Resources
Wilmington Regional Office
127 Cardinal Extension Drive
Wilmington, NC 28405
c/o Jim Gregson
Re N College Mixed Use
DWR Project # NOV- 2014 -PC -0161
This project received a Notice of Violation and Recommendation for Enforcement (DWR
Project# NOV- 2014 -PC- 0161), dated 08/04/2014
We are submitting this PCN to provide more detail and to request an open excavation to
re- install the sewer line
During construction the sewer line was installed above the existing elevation of the
stream This resulted in unauthorized fill to be placed within the stream To rectify this
situation it was proposed that the unauthorized fill would be removed and the sewer
crossing would become an aerial crossing This method was presented to the CFPUA
which was subsequently denied Therefore the sewer line will be lowered to be below the
elevation of the stream bed and all unauthorized fill within the stream will be removed
and the stream will be restored to its original preexisting elevations
Please contact me immediately at (910) 442 -7870 or gpape@gsp- consulting com if you
have any questions or require additional information
Sincerely,
GSP CONSULTING, PLLC.
�5
Garry S Pape, P E
CEI1V
JAN 0 6 20115'
DENR -LA %fD QUA[ FY
STCRNiUVAFER FEFwil I i iNS
6626 Gordon Road, Unit C Wilmington, North Carolina 28411 tel 910 -442 -7870 fax 910- 799-6659
GSP CONSULTING
6626 Gordon Road, Unit C
WILMINGTON, NORTH CAROLINA, 28411
(910) 442-7870
FAX (910) 799-6659
To: Chad Coburn
NCDENR -DWR
127 Cardinal Drive Ext.
Wilmington, NC 284o5
WE ARE SENDING YOU
® Fee Check
® Copy of Letter
LETTER ( F TR/�I�SMITIA
DATE 12/18/1
lOT3N0 201 -0006
ATTENTION ATTENTION
PHONE #
RE N. College Mixed -Use
NOV -2o1 - PC -o161
1
Written Restoration plan
❑ Attached ❑ Under separate cover via
® Permit Applications ® Plans ❑ Certification
❑ Change order ❑ Diskette ❑
the following items:
❑ Specifications
COPIES
DESCRIPTION
1
Pre - Construction Notification application with $240 fee
1
Utility Plan
1
Written Restoration plan
THESE ARE TRANSMITTED as checked below:
® For approval ❑ Approved as submitted
❑ For your use ❑ Approved as noted
❑ As requested ❑ Returned for corrections
❑ For review and comment ❑
❑ FOR BIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US
❑ Resubmit
❑ Submit
❑ Return
copies for approval
copies for distribution
corrected prints
REMARKS: „�,�, , Ilni��d �91dN�W2i01S
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SIGNED: 7� t Pr' 171 "i 04e, P.E.
DEC 18 2014
If enclosures are not as noted, kindly notify us at once
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Corps action ID no
DWQ project no
Form Version 1 3 Dec 10 2008
Page 1 of 12
PCN Form — Version 1 3 December 10, 2008 Version
Pre - Construction Notification (PCN) Form
rte, f-\ n F�
A. Applicant Information
1.
Processing
1 a
Type(s) of approval sought from the
Corps
®Section 404 Permit El Section 10 Permit
1b Specify Nationwide Permit (NWP) number NWP 12 or General Permit (GP) number
1 c
Has the NWP or GP number been verified by the Corps?
® Yes
❑ No
1d
Type(s) of approval sought from the DWQ (check all that apply)
® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
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
1 h
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑Yes
® No
2.
Project Information
2a
Name of project
N College Mixed Use Sanitary Sewer Extension
2b
County
New Hanover
2c
Nearest municipality / town
Wilmington
2d
Subdivision name
2e
NCDOT only, T I P or state
project no
3.
Owner Information
3a
Name(s) on Recorded Deed
College Road Development Partners, LLC
3b
Deed Book and Page No
Book 5690, Page 2790
3c
Responsible Party (for LLC if
applicable)
Adam Sosne
3d
Street address
6626 -C Gordon Road
3e
City, state, zip
Wilmington, NC 28411
3f
Telephone no
910- 799 -3006
3g
Fax no
910 - 799 -6659
3h
Email address
adamsosne @yahoo com
Page 1 of 12
PCN Form — Version 1 3 December 10, 2008 Version
4.
Applicant Information (if different from owner)
4a
Applicant is
❑ Agent ❑ Other, specify
4b
Name
4c
Business name
(if applicable)
4d
Street address
4e
City, state, zip
4f
Telephone no
4g
Fax no
4h
Email address
5.
Agent/Consultant Information (if applicable)
5a
Name
Garry S Pape
5b
Business name
(if applicable)
GSP Consulting, PLLC
5c
Street address
6626 -C Gordon Road
5d
City, state, zip
Wilmington, NC 28411
5e
Telephone no
910 - 442 -7870
5f
Fax no
910 - 799 -6659
5g
Email address
gpape@gsp- consulting com
Page 2 of 12
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)
R03408- 001 - 003 -000 (Parcel to be served by sewer)
1 b Site coordinates (in decimal degrees)
Latitude 34 294122 Longitude - 77 87277
(DD DDDDDD) ( -DD DDDDDD)
1c Property size
N/A - Linear Project
2. Surface Waters
2a Name of nearest body of water (stream, river, etc ) to
U T Smith Creek (Stream Index 18- 74 -63)
proposed project
2b Water Quality Classification of nearest receiving water
C, Sw
2c River basin
Cape Fear / HUC 03030007
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
Project located within partially cleared NCDOT ROW and sewer easement
3b List the total estimated acreage of all existing wetlands on the property
None
3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property
20 If within sewer alignment
3d Explain the purpose of the proposed project
The purpose of the proposed project is to construct +/ -833 L F of gravity sewer to serve the proposed project
3e Describe the overall project in detail, including the type of equipment to be used
The purpose of the proposed project is to construct +/ -833 L F of 8" gravity sewer that will be used to install sewer line
4. Jurisdictional Determinations
4a Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
® Yes E] No El Unknown
project (including all prior phases) in the past'?
Comments
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) UCSAOE
Other
4d If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation
Since the current sewer crossing has resulted in unauthorized fill within the stream bed, causing a rise in elevation of the
stream bed, which is in violation of NWP 12 conditions Asa result of the violation, we must apply for a NWP 12 for the
proposed
5. Project History
5a Have permits or certifications been requested or obtained for
❑ Yes ® No ❑ Unknown
this project (including all prior phases) in the past?
5b If yes, explain in detail according to "help file" instructions
6. Future Project Plans
6a Is this a phased project?
® Yes ❑ No
6b If yes, explain
The proposed gravity sewer line will eventuall be expanded to service the rest of the Mixed -Use development once it is
designed The current project consists only of the section of sewer line necessary to seance the proposed development
Page 3 of 12
PCN Form — Version 1 3 December 10, 2008 Version
Page 4 of 12
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)
Temporary T
W1 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W2 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W3 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W4 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W5 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W6 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g. Total wetland impacts
2h Comments
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 — non -404,
width
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
S1 ❑ P ® T
Sewer Crossing
UT to Smith Creek
® PER
❑ INT
® Corps
® DWQ
3'
20 If
S2 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S3 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S4 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S5 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S6 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h Total stream and tributary impacts
31 Comments Proposed stream impacts are temporary and the stream bed and bank will be restored to original elevations
upon completion of the sewer line installation
Page 5 of 12
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 T
s
01 ❑P ❑T
02 ❑ PEI T
03 ❑P
04 ❑P
4f. 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
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
Pond ID
Proposed use or purpose
(acres)
number
of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5f. Total
5g Comments
5h Is a dam high hazard permit required
❑ Yes ❑ No If yes, permit ID no
51 Expected pond surface area (acres)
5) Size of pond watershed (acres)
5k Method of construction
6. Buffer Impacts (for DWO)
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 El Tar-Pamlico El 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 T
impact
required?
El Yes
61 ❑ PEI T
❑ No
❑ Yes
B2 ❑ P ❑ T
❑ No
El Yes
B3 ❑P ❑T
❑ No
6h Total buffer impacts
61 Comments
Page 6 of 12
PCN Form — Version 1 3 December 10, 2008 Version
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a Specifically describe measures taken to avoid or minimize the proposed impacts in designing project
Impacts to stream will be minimized by perpendicular crossing and restoration to original conditions
1 b Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques
During construction silt fence will be installed around all disturbed areas to prevent sediment from entering stream
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, nutigahon is required by (check all that apply)
❑ DWQ ❑ Corps
2c If yes, which mitigation option will be used for this
projects
❑ Mitigation bank
El 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 12
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 mitigation9
❑ 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 12
PCN Form — Version 1 3 December 10, 2008 Version
E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1 a
Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ® No
within one of the NC Riparian Buffer Protection Rules?
lb
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?
N/A - Sewer Line
2b
Does this project require a Stormwater Management Plan?
❑ Yes ® No
2c
If this project DOES NOT require a Stormwater Management Plan, explain why Proposed impacts are for a sewer line
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?
❑ Phase If
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
❑ HQW
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
attached?
❑ Yes ❑ No
5.
DWQ 401 Unit Stormwater Review
5a
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b
Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 9 of 12
PCN Form — Version 1 3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWO Requirement)
la Does the project involve an expenditure of public (federal /state /local) funds or the
❑ Yes ® No
use of public (federal /state) land?
lb If you answered "yes" to the above, does the project requrd preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter)
❑ Yes ❑ No
Comments
2. Violations (DWQ Requirement)
2a Is the site in violation of DWQ Wetland Rules (15A NCAC 2H 0500), Isolated
Wetland Rules (15A NCAC 2H 1300), DWQ Surface Water or Wetland Standards,
® Yes ❑ No
or Riparian Buffer Rules (15A NCAC 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) Since the
current sewer crossing has resulted in unauthorized fill within the stream bed, causing a rise in elevation of
the stream bed, which is in violation of NWP 12 conditions As a result of the violation, we must apply for a
NWP 12 for the proposed subsurface sewer crossing
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
The proposed project consists of the expansion of the CFPUA sanitary sewer system, which will be
continually expanded in the future. However, the proposed project will specifically serve the North College
Mixed -Use project, and will not be a catalyst for future development
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
Cape Fear Public Utility Authority
Page 10 of 12
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?
Withers & Ravenel conducted a survey for federally listed and Endangered Species & potential habitat in June 2013
Withers & Ravenel determined that there was no potential habitat for federally listed species with the N College Mixed -
Use project boundary therefore the proposed project will have "No Effect' on federally listed species or their habitat
6. Essential Fish Habitat (Corps Requirement)
6a Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ® No
6b What data sources did you use to determine whether your site would impact Essential Fish Habitat?
GSP Consulting, reviewed the NOAA Essential Fish Habitat online mapper, located at
http //www habitat noaa qov /protection /efh /efhmapper /index html The EFH mapper classifies the Cape Fear River,
located approximately 25,000 If (West) of the proposed project, as Essential Fish Habitat The project will not result in
adverse impacts to Essential Fish Habitat within the Cape Fear River
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?
GSP Consulting reviewed the NC State Historic Preservation Office's online database, located at
http- / /Qis ncdcr Qov /hpoweb /, to determine if there were any known historic or cultural resources within or in the vicinity of
the proposed project The database review did not identify any known resources within or in the vicinity of the proposed
project
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 This will be a subsurface utility that will result in no rise of the 100 -
year flood elevation
8c What source(s) did you use to make the floodplain determination? www ncfloodmaps com
G &Irr, 5 . /P 9.
12,11t/.X 4-
Applicant/Agent's Printed Name
Applican s Signature
Date
(Agent's signature is valid only if an authorization letter from the applicant
is provided
Page 11 of 12
PCN Form — Version 1 3 December 10, 2008 Version
Page 12 of 12
PCN Form — Version 1 3 December 10, 2008 Version