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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 ' � ` . ������ �\ AM FZ �k \ q � _ � � � � � ^ � ` ���� � )% � | .� �-y � ��� �� _ »: �� | ��� � � ,_. &� .,.. . � .� . � - ^ � § � m �� � � : . z� . : � ■� � d/ �l� �� r- � � \� > - � � � � . :� c wv � \ � � � : „ v, 2 I\ 2 � »� ��! \ a , . \ ,\ __ . �. » « . \\ � e2 -, .\r:y�\w� - »: - % � «� m� ». � :»-� - ' � m><: . . _ � .� « \�? ®:. � �. ^°� ����� � 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 12 r50 00 13*00.002113 C.2 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 Page 2:ef 2