HomeMy WebLinkAbout20160546 Ver 1_More Info Received_20160805Fox, Tim
From:
w.stillwell@stillwellengineering.net
Sent:
Friday, August 05, 2016 1:27 PM
To:
David Brown; Leslie, Andrea 1; Fox, Tim
Cc:
Roger Bartlett; Steve Melin; Tony Elders
Subject:
Request for Additional Information
Attachments:
Revised PCN_MillCreek_JacksonCo 8 5 16.pdf; SYLVA SECU 8 -5 -16 -COVER 11X17.pdf,
SYLVA SECU 8_5_16-C.111X17.pdf; SYLVA SECU 8_5_16-C2 11X17.pdf; SYLVA SECU 8_5
16-C.3 11X17.pdf; RFI Response 8_5_16.pdf
David
Attached is the response for the request for additional information. We will have written permission from
Lowes (in process) and will get that out as soon as we get it.
Any questions, or additional information required, let me know.
Thanks
Alec
W. Alec Stillwell, P.E.
Stillwell Engineering, P.A.
PH (828) 586-6066
FAX (828) 586-6566
PO Box 838
�sj�o_'e, WAIS; p Office Use Only:
/� Corps action ID no.
o DWQ project no.
Farm Version 1.4 January 2009
Page 1 of 10
PCN Form — Version 1.4 January 2009
Pre -Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
la.
Type(s) of approval sought from the Corps:
❑X Section 404 Permit ❑ Section 10 Permit
1b.
Specify Nationwide Permit (NWP) number: NWP 13 or General Permit (GP) number:
1c.
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:
E] 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 Q No
1h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ® No
2.
Project Information
2a.
Name of project:
Mill Creek Stream Rehabilitation
2b.
County:
Jackson
2c.
Nearest municipality/town:
Sylva
2d.
Subdivision name:
n/a (located off of NC Hwy 107 and Webster Road
2e.
NCDOT only, T.I.P. or state project no:
3.
Owner Information
3a.
Name(s) on Recorded Deed:
STATE EMPLOYEES CREDIT UNION
3b.
Deed Book and Page No.
458/134 (PIN# 7641-70-6154)
3c.
Responsible Party (for LLC if
applicable):
3d.
Street address:
1746 E MAIN ST (PO BOX 26807 - mailing address)
3e.
City, state, zip:
SYLVA, NC 28779
3f.
Telephone no.:
3g.
Fax no.:
3h.
Email address:
Page 1 of 10
PCN Form — Version 1.4 January 2009
4.
Applicant Information (if different from owner)
4a.
Applicant is:
® Agent ❑ Other, specify:
4b.
Name:
Alec Stillwell, PE
4c.
Business name
(if applicable):
Stillwell Engineering, PA
4d.
Street address:
116 Central St.
4e.
City, state, zip:
Sylva, NC, 28779
4f.
Telephone no.:
828-507-8119
4g.
Fax no.:
4h.
Email address:
w.stillwell@stillwellengineering.net
5.
AgentlConsultant Information (if applicable)
5a.
Name:
Steve Melin, LSS
5b.
Business name
(if applicable):
Mountain Soils, Inc.
5c.
Street address:
15 Lone Coyote Ridge
5d.
City, state, zip:
Fletcher, NC 28732
5e.
Telephone no.:
828-551-9903
5f.
Fax no.:
5g.
Email address:
sjmelin@gmail.com
Page 2 of 10
B.
Project Information and Prior Project History
1.
Property Identification
la.
Property identification no. (tax PIN or parcel ID):
7641-70-6154
1 b.
Site coordinates (in decimal degrees):
I Latitude: 35.353661 Longitude: 83.201437
1c.
Property size:
1.54 acres
2.
Surface Waters
2a.
Name of nearest body of water to proposed project:
Mill Creek
2b.
Water Quality Classification of nearest receiving water:
Class C
2c.
River basin:
Little Tennessee
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:
Commercial (State Employee Credit Union), behind the bank+ parking lot is a lower lying area (adjacent to Lowe's parking lot) that contains a creek
(Mill Creek). Above the SECU, this creek "disappears far an approximate 1,500 linear feat stretch.
31b.
List the total estimated acreage of all existing wetlands on the property: 0
3c.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 604
3d. Explain the purpose of the proposed project:
Stream bank stabilization. A 200'section of stream was recently excavated due to the collapsing of a retaining wall in the firmer channel.
3e. Describe the overall project in detail, including the type of equipment to be used:
Attached Repel
4.
Jurisdictional Determinations
4a.
Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project(including all priorphases) in the pasO
❑ Yes ❑ No ® Unknown
Comments:
4b.
If the Corps made the jurisdictional determination, what type
of determination was made?
❑ Preliminary ❑ Final
4c.
If yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
4d.
If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
5.
Project History
5a.
Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
11 Yes ❑ No ®Unknown
5b.
If yes, explain in detail according to "help file" instructions.
6.
Future Project Plans
6a.
Is this a phased project?
❑ YesX❑ No
6b.
If yes, explain.
Page 3 of 10
PCN Form — Version 1.4 January 2009
C. Proposed Impacts Inventory
1. Impacts Summary
la. 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
Wetland impact
number
Permanent (P) or
Temporary
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
W1 -
Choose one
Choose one
VeslNo
-
W2 -
Choose one
Choose one
VeslNo
-
W3 -
Choose one
Choose one
Ves N.
-
W4 -
Choose one
Choose one
Yes/No
-
W5 -
Choose one
Choose one
Y.oN.
-
W6 -
Choose one
Choose one
Vas/No
-
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.
Stream impact
number
Permanent (P) or
Temporary (T)
31b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1 P
Stabilization
Mill Greek
PER
Cams
4
200
S2 -
Choose one
-
-
S3 -
Choose one
_
S4 -
Choose one
-
-
S5 -
Choose one
_
-
S6 -
Choose one
-
3h. Total stream and tributary impacts
200
3i. Comments:
Page 4 of 10
PCN Form - Version 1.4 January 2009
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 indiv ually list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Temporary T
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01 -
Choose one
Choose
02 -
Choose one
Choose
03 -
Choose one
Choose
04 -
Choose one
Choose
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a.
Pond ID number
5b,
Proposed use or
purpose of pond
5c.
Wetland Impacts (acres)
5d. 5e.
Stream Impacts (feet) Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
P1
Choose one
P2
Choose one
5f. Total:
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWq)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then You MUST fill out Section D of this form.
6a. Project is in which protected basin?
❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other:
6b.
Buffer Impact
number—
Permanent(P)or
Temporary T)
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet)
6g.
Zone 2
impact
(square
feet
B1
Yes/No
B2 -
Yee/No
B3
Yes/No
B4
Yes/No
B5 -
Yes/No
B6
Yes/No
Bh. Total Buffer Impacts:
6i. Comments:
Page 5 of 10
D.
Impact Justification and Mitigation
1.
Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
(Attached Rated). Please note that the impacts have already been made. We are looking for an after -the -fact permit and have a plan to rehabilitate
the stream banks.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
(Attached Repel)
2.
Comoonsatow Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a.
Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
❑ Yes No
-
2b.
If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c.
If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
❑ Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3.
Complete if Using a Mitigation Bank
3a.
Name of Mitigation Bank:
3b.
Credits Purchased (attach receipt and letter)
Type: Choose one
Type: Choose one
Type: Choose one
Quantity:
Quantity:
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:
Choose one
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 6 of 10
PCN Form —Version 1.4 January 2009
G. Buffer Mitigation (State Regulated Riparian Buffer Rules) —required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
❑ Yes ® No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 7 of 10
E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
la.
Does the project include or is it adjacent to protected riparian buffers identified
within one of the NC Riparian Buffer Protection Rules?
❑ Yes ® No
1b.
If yes, then is a diffuse Flow plan included? If no, explain why.
❑ Yes ❑ No
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
0%
2b.
Does this project require a Stormwater Management Plan?
❑Yes ❑x No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why
The building /parking area is existing, the site is assumed to have had a Stormwater Management Plan previouslytluhng construction.
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
2e.
Who will be responsible for the review of the Stormwater Management Plan?
3.
Certified Local Government Stormwater Review
3a.
In which local overnment's'urisdiction is this pro'ect?
Jackson
3b.
Which of the following locally -implemented stormwater management programs
apply (check all that apply):
❑ Phase II
❑ NSW
❑ USMP
❑ Water Supply Watershed
❑ Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been
attached?
❑yes ❑ No
4.
DWQ Stormwater Program Review
4a.
Which of the following state -implemented Stormwater management programs apply
(check all that apply):
❑Coastal counties
❑HQW
�ORW
Session Law 2006-246
[]Other:
41b.
Has the approved Stormwater Management Plan with proof of approval been
attached?
[]Yes ❑ No
S. DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑Yes ❑ No
51b.
Have all of the 401 Unit submittal requirements been mel?
❑ Yes ❑ No
Page 8 of 10
PCN Form — Version 1.4 January 2009
F.
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
la.
Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes
❑X No
use of public (federal/stale) land?
11a.
If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑Yes
❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c.
If you answered "yes" to the above, has the document review been finalized by the
Stale Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.)
1-1 Yes
E] 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,
QYes
❑ No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
21b.
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):
This is documented in the Notice of Violation (NOV-2016-SS-0008 -April 21, 2016)
3.
Cumulative Impacts (DWQ Requirement)
3a.
Will this project (based an past and reasonably anticipated future impacts) result in
Oyes
159 No
additional development, which could impact nearby downstream water quality?
31b.
If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4.
Sewage Disposal (DWQ Requirement)
4a.
Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater
generated from
thefroposed project, or available capacity of the subject facility.
Sewage om Ura SE U is conveyed under the stream bed to amain sewer line on the western side of excavated stream channel.
Page 9 of 10
PCN Form — Version 1.4 January 2009
S. Endangered Species and Designated Critical Habitat (Corps Requirement)
Sa. Will this project ocoWrin orrnear an area with federally protected species or
habltat7
❑Yes ® No
Sb. Have you checked With the USFWS concerning Endangered Species Act
Impacts!
❑Yes ONO
Be.. If yes, Indicate the USFWS Field Office youhave contacted.
5d, What data.:sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Snits(?
hitda fN'9.g0Y/raletgh/apeekNCnlyII5G1aek5gn.ktinl-rarereaceq T&ESpaclea with Sha apeclno location to mek8lhis determination.
5,. Essential Fish Habitat (Corps Requirement)
ft. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes �, No
®b., Mat data Sources did you use to determine whether your site would impact Essential Fish Habitat?
Essential Fish Haeite, MapperV3.g.
?. Historic orPrehistoric :QWltarel Resources(Corps Requirement)
7a. Wiil this project occur In or dear an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
status (eeg., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
0 Yea ®No
7h. What data sources did you use to determine whether your site would Impact historic or archeological resources?
Based upon thesite and aware[ miles aurraundinb is already highly comme dcliydeveloped.
S. Flood Zone. Designation (Corps Requirement)
"Be, Will this project occur in a FEMA,designaterl 100 -year floodplain?
❑Vas No
00r Ityes, explain how project meets FEMA ragujrements:
So. What source(s) did you use tomake the tldodpialn determination?
'FEMA maps
Alec Stillwell
AppiicantlAgenrs Printed Name
08-06-2016.
Date
Applloant/Agent's Signature
(Agents signatpre la Jalld only if eh aUtharizaron
,aae7fionr thea lioaltfisprovided.).
Page 10 of 10
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STREAM REHABILITATION
N.C.
STATE EMPLOYEES CREDIT UNION
SYLVA —JACKSON COUNTY, NC
—TION
�oo�N�
nuru'rwa
c 2sas
c<x. ea ss¢No.
FINN,I>CSIGN-NRP¢VIEFPORP0560F LY
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S111wollEiigineeting.net
August 5, 2016
Mr. David': Brown,: PG
USACE Wilmington District- Asheville Regulatory Field Office
i51 Patton Ave. Room 209
Asheville, NC 29901.5048 -
RE:: Stream Rehabilitation
N C, State Employees Credit Union
Syiva, NC
SUBJECT'. RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION
Mr. Brown:
Attached are revised plans And other attachments which attempt to address the comments received byUWE, U.S. Fish -
and Wildlife (USFW), N.C. Division of Water Resources (NCOWRI, and the N.C. Wildlife Resources Commission (NCWRC).
USACE f USFW Response::
Attached is a revised application ineludingthe:applicant's agent's signature and Pians are submitted in '.11'*17"17ormat,
Per the revised plans, natural stream rehabilltationlrestoration has been implemented to the extent possible for the
stream reach. The siream channel and banks incorporate co Ir fiber based matting, live staking and%r plantings, and
native stone to the ektent possible to provide both a natural and stable system.
Pians indicate how sediment Impacts to the stream including adverse Impacts to the downstream presence of
endangered species will be minimized by Using several methods Including diking for working in the dry, In -stream
sediment trapping, and erosion control and burp methods as construction: progresses.
NCDW R / NCWRCResponse:
Quarry based Rip Rap asthe sole means of stream stabilization have been removed and replaced with native cobble
stone stream bed and bank material, bioengineered Colr4 ber based matting, live staking, tree and shrubbery planting..
Weare in the process of receiving a letter granting permission to enter the Lowes property to perform the work.
As stated previously, becauseof the size of thestroam it appearsto be possible use coir fiber logs to direct the stream to
one side of the stream while crows work withinthe dry, area, Please refer to plan details. Work within the stream is as
proposed by the plansIs to be done as quickly ars possible with daily inspection of sediment control measures and
removal if necessary.
Page 1 of 2
tt6 Central Street Ph: 828.586.6066 PO Box 838
Sylva 140 28779 FX: 828.566.6666 Sylva NO 20779
August 5, 2016
Sediment removal and a detailed riparian plan are addressed on Sheet C.1 of the proposed plans. The longitudinal
:profile for the impacted reach and existing cross sections including proposed channel cross sections are shown on sheet,
C.2 ofthe plans.
The stream bed will be stabilized by incorporating native nibble store material and cross vanes forgradecontrol,
Channel location is based on the extremely limiting conditions present due to existing utilities andstructural walls which.
confine the stream both vertically and horizontally to its present location; The entire stream as located presently is
within a 15' TucRaselgee Waterand Sewer Authority utility easement. Within the easement is an existing gravity tahitafy
sewer line to the West and running parallel and in close proximity With the stream. The lineandthe easement limits the
amount of rehabilitation that can be performed as the easement must be blearfor maintenance access. The retainlpg
wall to the East and parallelingthe -stream limits the horizontal location of the stream on that side of the stream . Asa
matter of structural integrity of the wall and to limit possiblefuture stream issues, the stream should be located as far
away from the wall as"the constraints allow, which in my professional opinion is the stream's present location. Finally,
vertical limitation's include' both the existing sanitary sewer line paralleling the stream, the crown of which Is
approximately 1 foot or less below the stream bottom. Further, at the downstreamend of the affected reach an existing
sewer line crosses- the Stream for which the crown appears to be exposed. Both of these issues limit the vertical location
to where it presently exists.
lftl ere are any questions by any agencies, please contact meat your earliest convenience..
Sincerely
W. Alec: Stillwell', PE
Attachments
1. Revised Application.
2. Revised Plans
Cc: Roger Bartlett Western Builders, Inc.
Steve Melin — MountainSolls> Inc.
TimFox -.NCDW R
AndreaLeslie - NCWAC
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