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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 J GNV I QIV Jam. u� Id�U 1� CoPYTO: File y�G 01 SIGNED: 7� t Pr' 171 "i 04e, P.E. DEC 18 2014 If enclosures are not as noted, kindly notify us at once OF W A TF9 r o� 09 \' U 0 N 0/ Office Use Oniq U 1 0 0 U 1 5 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