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HomeMy WebLinkAbout20071838 Ver 1_401 Application_20071007North Carolina State Univers qty is a land-grant NCSU Water Quality Group university and a constituent institution of the Department of Biological and Agricultural Engineering University of North Carolina College of Agricultural and Life Sciences Campus Box 7637 Raleigh, North Carolina 27695-7637 919.515.3723 (phone) 919.515.7448 (fax) Date: October 30, 2007 To: Laurie Dennison DWQ 410 Wetlands Unit From: Jon Calabria Subject: Nationwide 27 Laurie, .07- 1 838 Please find attached seven copies of a PCN for the Reed Creek Stream Stabilization and Enhancement Project in Asheville NC. We (NCSU) have transferred the funds in the amount of $240.00 to DENR. We spoke to Barbara Palzewicz and coordinated through her. If you have questions, please contact me at 828-665-2492, ext. 265. Thank you. Regards, ~~ ~~ Jon Calabria Extension Associate NCSU Water Quality Group 0, r°4 + ~`,~ y~,~ ~FN ~~ 10D~ ~:~ (4j (~~~4~ ~ ~Trh, ~U ~'~Ncy Employment and program opportunities are offered to all people regardless of race, color, national origin, gender, age or disability. North Carolina State University, North Carolina A&T State University, U.S. Department of Agriculture, and local govemments cooperating. Office Use Only: Form Version March OS 07--183$ USACE Action ID No. DWQ No. iii any parncuiar item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing 1. Check all of the approval(s) requested for this project: X Section 404 Permit ^ Riparian or Watershed Buffer Rules ^ Section 10 Permit ^ Isolated Wetland Permit from DWQ X 401 Water Quality Certification ^ Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 18 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 Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ^ 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: ^ II. Applicant Information U` ~ ~ r> ~~~ ~~~' U 1. Owner/Applicant Information Q ~ T ~ ~- 180 ~ Name: Mr. Seth Hendler-Voss -City of Asheville -Parks and Recreation Mailing Address: PO Box 7148 ~. ,' wAr~R au~ur~ Asheville NC 28802 " ~ N Telephone Number: 828-259-5508 Fax Number: E-mail Address: shendlernashevillenc.~ov 2. Agent/Consultant 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: ;~, Company Affiliation: Mailing Address: \ AA~LD11 C dD~c "-(,~ 7 (1 oiG C1 2'1c~a S Telephone Number:_ $2$- L~Q~i`'- ~~R L ~ 2tX' Fax Number: $Z8.[~t.!~'- ~3'? 1 E-mail Address: _ ;~„ _ c~QnQ,u~`~a. ~ Y1c Cu_ . v~.~... Page 5 of 14 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 may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USAGE 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: Reed Creek Stream Stabilization and Enhancement 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): 964909059120 and 964913140904 4. Location County: Buncombe Nearest Town: Asheville Subdivision name (include phase/lot number): N/A Directions to site (include road numbers/names, landmarks, etc.): From downtown Asheville, head north on Broadway Street (towards UNC-Asheville) There will be a Cit~o station on the left. The project is located on the Reed Creek Greenway lust after the Citgo station between Cauble and Catawba Street. See attached Figure 1 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 35.6078 °N 82.5637 °W 6. Property size (acres}: 1. 7. Name of nearest receiving body of water: Reed Creek 8. River Basin: French Broad River Basin (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The site consists of reenway with a paved biking/walking trail. Reed Creek transects the property from south to north The stream classification for Reed Creek on this property is C according to the North Carolina Division of Water Quality. Page 6 of 14 Reed .Creek is typical of most urban streams. The creek is incised and lined with ri~rap and debris. Exotic and invasive vegetation is present throughout the project-area An above ground iron sewer crosses the creek at the proposed project site As of October 2007 some lame debris was lodged under the sewer crossing The general land use in the vicinity of the site i.; open space, residential and commercial. See the attz,hed photos for a representative view of the current site conditions. 10. Describe the overall project in detail, including the type of equipment to be used: The Ci of Asheville Parks and Recreation department has received grant money from the North Carolina Department of Environment and Natural Resources (DENR) Division of Water Resources for design, construction, and public education for the stream stabilization protect on Reed Creek. The protect will consist of streambank stabilization in the vicinity of the sewer crossing. on Reed Creek and aggressive exotic vegetation removal and ri ap rian planting A rock cross vane (detail sheet 11 will be constructed just upstream of the sewer crossing to .protect the sewer pipe, discourage erosion, and improve instream habitat Rock cross vanes are used to reduce shear stress on the streambanks and force water to the center of the channel A scour pool is created just downstream of the rock vane which enhances fish habitat If suitable existing boulders in the creek will be used to build the cross vane Streambank disturbance will be limited to the proposed cross vane location Coir matting specified on the attached detail sheet will be used to stabilize streambanks disturbed during the cross vane construction. Instream work in the wet will be minimized. The contractor shall work in the dry from the streambanks whenever possible. Temporary and permanent seeding Temporary seeding will be used for erosion control during construction and until permanent vegetation can be established. Temporary mixtures include annual ground covers that grow quickly and provide ground cover stabilizing .the soil and minimizing erosion and sedimentation. If the project is completed in the summer a 50.50 mix of Browntop Millet (Panicum ramosum) and Pearl Millet (Penniseteum glacum) applied at a minimum rate of at least 10 pounds/acre will be used to stabilize the site If the project is completed in the winter, a 50:50 mix of winter wheat (Triticum aestivum) and rye rain Secale cereale will be applied at a minimum rate of at least 10 pounds/acre. A permanent seed mix will also be applied The permanent seed mix will include warm season grasses, cool season gasses and wetland species and will be applied at 12-15 pounds/acre. All permanent species will consist of native perennial ground covers that are suited to being temporarily inundated. Page 7 of 14 Mulching Mulching will be used to provide temporary protection of soil surfaces from erosion A biodegradable matting will be used instead of straw mulch to prevent -the mulch from washin away Permanent vegetation A mixture of container stock and bare root vegetation will be used to plant woody ve etation Since bare root stock must be planted while the plants are dormant the proportion and timing of bare root planting will depend on the timing of project completion A random assortment of shrub and tree species will be planted along both sides of the streambank and in the floodplain (see Vegetation specification below for more detail Streambank vegetation Streambank disturbance will be limited to areas of structure installation. Disturbed areas will be planted with live stakes To increase diversity along the Streambank container and bare root stock will also be planted in undisturbed areas These will be selected from the followm~ list, based on availability Betula nigra River Birch Fraxinus pennsylvanica Green Ash Platanus occidentalis Sycamore Salix nigra Black Willow Aesculus octandra Yellow Buckeye Alnus serrulata Tag Alder Amelanchier arborea Serviceberry Aronia arbutifolia Red Chokeberry Corms amomum Silky Dogwood Hamamelis virginiana Witch-Hazel Ilex verticillata Winter Berry Lindera benzoin Spicebush Leucothoe axillaries Doghobble IV. Equipment needed for such activities may include but is not limited to 1-Tracked Excavator 1-Dump Truck, and 1-front-end loader. 11. Explain the purpose of the proposed work:_ To .increase the stability of Reed Creek on the City's grope and to protect the sewer crossing while increasing habitat This site will also serve as a model for the Metropolitan Sewerage District (MSD) of Buncombe County to learn how to protect future sewer stream crossin using cross vanes in place of rip rap lined streambanks. 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, Page8of14 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. N/A No permits or determinations were previously applied for. 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. No future permit requests anticipated. 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. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed .impacts, permanent and temporary, must be listed, and .must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should 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 written description of the proposed impacts: Proposed impacts will be temporary and include streambank stabilization and installation of a cross vane. The cross vane will be located to protect the sewer crossing, discourage erosion, and improve instream habitat. Precautions will be taken to keep heav~quipment out of the stream channel except where absolutely necessary to install bank stabilization measures. Work- will be conducted in the drv to the extent practicable. Sediment and erosion control measures including silt fences and reseeding, will be utilized to minimize sedimentation. Upon completion the site will be stabilized with native vegetation plantings (see part 10 of section III of this permit). A plan drawing, detail sheets, vicinity map and photos are attached. 2. Individually list wetland impacts. Types of impacts include; but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flocdin~. Wetland Impact Type of Wetland Located within Distance to Area of Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact (indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres) es/no linear feet none Total Wetland Impact (acres) Page 9 of 14 3. List the total acreage (estimated) of all existing wetlands on the property: none 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, 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 he inehirlPri Tn ralr»latP anraarta m„1r;,,1„ le.,..~t, V ..,:,7~L. ~t,,.._ a._..a~ t__ ,tom can Stream Impact Number indicate on ma Stream Narne Type of Impact Perennial or Intermittent? Average Stream Width Before Im act Impact Len th lines ~ eet Area of Im act aces Reed Creek Reed Creek -Bank Stabilization Perennial 25 (TOB) 40 .02 Total Stream Impact (by length and acreage) 40 .02 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill. excavatinn rlrPrlaina flnnr~incr rlrainarra 1.n11rL,o.,.~1~. off.. Open Water Impact Name of Waterbody ~~_, ---• Type of Waterbody Area of Site Number (if applicable) Type of Impact (lake and estu y, , P ary, sound, ba Impact indicate on ma ocean, etc. acres none Total Open Water Impact (acres) 6. List the cumulative ImnaCt to all WatPr.c of the TT C raciiltinn frnm t1,a r,r~;nn+• - --- Stream Impact (acres): ---- - -- - - - .02 Wetland Im act (acres): 0.0 O en Water Im act (acres): 0.0 Total Im act to Waters of the U.S. (acres) .02 Total Stream. Im act (linear feet): 40 7. Isolated Waters Do any isolated waters exist on the property? ^ Yes X No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note ,.that this section only applies to waters that have specifically been determined to be isolated by the USACE. No impact 8. 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. Page 10 of 14 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.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local storm~~ater requirement, etc.): rI/A Current land use in the vicinity of the pond: N/A Size of watershed draining to pond: N/A Expected pond surface area: N/A VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be 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. This project is desi ed to provide a net gain in aquatic function for the stream and improve water quality. 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. .USAGE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, 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 may be 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 USAGE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North ,Carolina, available at http://h2o. enr.state.nc.us/ncwetlands/strmgide.html. Page 11 of 14 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 ezsement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. No mitigation plan is needed IX. X. 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at httn://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five 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): Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes X No ^ (State-Division of Water Resources) 2. 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 X 3. 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 ^ Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) 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, Page 12 of 14 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. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ^ No X 2. If "yes", 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. * Impact Required Zone i~~,.~~o ~ o*~ Multiplier ,~,~;*;~~+;~~ 1 3 (2 for Catawba) 2 1.5 Total * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additiona120 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 1 SA NCAC 2B .0242 ;or .0244, or .0260. not required XI. Stormwater (required by DWQ) Describe impervious acreage (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. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. No impervious acreage XII. Sewage Disposal (required by DWQ) 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. No wastewater generated XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ^ No X Is this an after-the-fact permit- application? Yes ^ , No X . Page 13 of 14 XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ^ No X If yes, please submit a qualitati•: e or quantitative cumulative impact analysis in accord~..nce with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: XV. Other Circumstances (O.ptional): 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). 0 signature is vali~l..bnly if an authorization letter from the applicant is provided.) Page 14 of 14 Reed Creek Stream Stabilization & Enhancement Existing Conditions Looking downstream on Reed Creek at the sewer crossing and proposed cross vane location. Typical rock lined streambanks on Reed Creek. SOURCE; USGS ASfiEVILLE, NC TOPOGRAPHIC MAP SCALE 1" = 2000' ~~ 1000 0 1000 2000 ~~ a o ~ ~ ~, £ m C ~ ~ REED CREEK GREEN WAY ---.--------------------------------------------~---t----.-- ;~ ^ STREAM STABILIZATION - ~----------------------------------------------------t----r---t------.. g ° o ASHEVILLE. N.C. ----+---------------------------------_.--_.._._..----F----1---F------- H o U 1 BIOLOGICAL & AGRICULTURAL ENGINEERING J Weaver Labs Campus Bor 7625 SITE LOCATION MAP ~ - - r r Norlh Carolina Slate University ~ ~ Raleigh, NC 2]695 rv0 i RENSIOrv6 i DRrv i cRR ~'` ;~'~, I Site Location .. ;"s O z ~~rr~ 4 SOURCE: NC DOT 1998 AERIAL PHOIOGRAPHY ,.~r /~~'~h1' SCALE 1" = 500' 250 0 250 500 m ~ ~ ;~ REED CREEK GREEN WAY _.... ------ ----... _------------------'- ~ -- - ------- `- ' ° ~ m STREAM STABILIZATION _.:_-..-_.... -_. _. ______ -______________._ ~____}___.. ___ - I ° 0 o ~ 0 ASHEVILLE, N. C. ' ---F-______________________________________________--_F____f__-I-_. _-- I ~ , o ~ FIGURE 2 BIOLOGICAL de AGRICULTURAL ENGINEERING ___ _____ ___________________________________________________ ____ ___ ~ _____ , ` ` ` ' ~ ' AERIAL PHOTOGRAPHY Weaver Labs Campus B°v 7625 N°,~h G°r°IiD° s~°~e UD~~ers~~Y _ _____ ____ ___ _ _____ ____ - t---. _____ ; . i Raleigh, NC 27695 _--- ____ _ . _- NO . 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