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HomeMy WebLinkAbout20161238 Ver 1_401 Application_20161216COURTESY ropy ;0161238, Subject: Retaining wall repair along US 70 Asheville NC Dear Sir/Madam, City of Asheville Public Works Department P.O. Box 7148 Asheville, NC 28802 www.ashevillenc.gov I have included a completed NC DWQ PCN and respective plans. I have meet onsite with Mr. Zan Price of the Asheville Regional NCDWQ office. Through that he has granted a verbal approval to begin the work the week of 12 - Sincerely Chad Bandy, PE Streets Manager, City of Asheville Montalvo, Sheri A From: Price, Zan (George) Sent: Friday, December 16, 2016 11:27 AM To: Montalvo, Sheri A Subject: RE: US 70 existing Retaining Wall Repair It is a courtesy copy. No fee required. Zan Price, P.E. Assistant Regional Supervisor —Asheville Regional Office Water Quality Regional Operations Section NCDEQ — Division of Water Resources 828 296 4662 office 828 231 9634 mobile zan.price(o-)_ncdenr.gov 2090 U.S. Hwy. 70 Swannanoa, N.C. 28711 '~ Nothing Compares Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Montalvo, Sheri A Sent: Friday, December 16, 2016 11:22 AM To: Price, Zan (George) <Zan.Price@ncdenr.gov> Subject: US 70 existing Retaining Wall Repair Za n, I got in a PCN for the above. It is marked for the records only, but has 5 copies and no check. The cover letter says they have met with you on this one. Is this really supposed to be cc'rec or should I ask for a fee? Thanks sher� Mov�.taLvo Administrative Assistant 401 & Buffer Permitting Branch Division of Water Resources North Carolina Department of Environmental Quality 919-807-6303 (office) 919 807-6494 (fax) sheri.montalvo@ncdenr.gov Physical: 512 N. Salisbury St., Ste 942-D, Raleigh, INC 27604 Mailing: 1617 Mail Service Center, Raleigh, NC 27699-1617 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. o�of W A n Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 t Pre -Construction Notification (PCN) Formfl N7 A. Applicant Information 7QFC 1. Processing pE , 16 1 a. Type(s) of approval sought from the Corps: Section 404 Permit Se RG 1 b. Specify Nationwide Permit (NWP) number: NWP 3 or General Permit (GP) number: . 1 c. Has the NWP or GP number been verified by the Corps? Yes x No 1d. Type(s) of approval sought from the DWQ (check all that apply): 401 Water Quality Certification — Regular x Non -404 Jurisdictional General Permit 401 Water Quality Certification — Express Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: Yes x No For the record only for Corps Permit: Yes No x 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 x 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. Yes No x 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes No x 2. Project Information 2a. Name of project: US 70 existing Retaining Wall repair 2b. County: Buncombe 2c. Nearest municipality / town: Asheville 2d. Subdivision name: n/a 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: NCDOT right of way/City of Asheville Sidewalk Maintenance 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): Chad Bandy, PE, City Of Asheville 3d. Street address: 161 S Charlotte St (City of Asheville) 3e. City, state, zip: , Asheville NC 28801 3f. Telephone no.: 828-782-0546 3g. Fax no.: 3h. Email address: cbandy@ashevillenc.gov Page 1 of 10 PCN Form —Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: City of Asheville Streets Division Manager, Public Works 4b. Name: Chad Bandy 4c. Business name (if applicable): City of Asheville 4d. Street address: 161 S. Charlotte St 4e. City, state, zip: Asheville NC 28801 4f. Telephone no.: 828-782-0546 4g. Fax no.: 4h. Email address: cbandy@ashevillenc.gov 5. Agent/Consultant Information (if applicable) 5a. Name: 5b. Business name (if applicable): 5c. Street address: 5d. City, state, zip: 5e. Telephone no.: 5f. Fax no.: 5g. Email address: Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): NCDOT r/w adjacent to 966875582200000 1 b. Site coordinates (in decimal degrees): Latitude: 35.5852 Longitude: 82.4736 1 c. Property size: Linear Footage: +/- 60 2. Surface Waters 2a. Name of nearest body of water to proposed project: UT Grassy Br 2b. Water Quality Classification of nearest receiving water: C 2c. River basin: Swannanoa River 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 falls within the US 70 corridor. This includes roadway, sidewalk, and retaining wall. 3b. List the total estimated acreage of all existing wetlands on the property: n/a 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: +/- 60' in project area 3d. Explain the purpose of the proposed project:The existing retaining wall has severe scour under the footing. The project will consist of grout repair of the scour area. 3e. Describe the overall project in detail, including the type of equipment to be used: The existing retaining wall has severe scour under the footing. The project will consist of grout repair of the scour area. All work will be performed in the dry by the use of sandbags and HDPE pipe to by pass the work area. Water will be returned to existing condition once grout is set. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (includingall prior phases)in the past? Yes x 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: Zan Price, DWR 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. This is a live stream and verbal consultation occurred onsite 12/6/16 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? Yes x No Unknown 5b. If yes, explain in detail according to "help file" instructions. NCDOT originally constructed the wall and obtained needed permits. (approximately 5 yrs ago) 6. Future Project Plans 6a. Is this a phased project? Yes No x 6b. If yes, explain. C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): Wetlands Streams — tributaries x 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 T 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 W2 W3 W4 W5 W6 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) 3b. Type of impact 3c. Stream name 3d, Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 39. Impact length (linear feet) S1 T Temp. diversion UT to Grassy Br PER 4' 60 S2 S3 S4 S5 S6 3h. Total stream and tributary impacts 60 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 individually 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 02 03 04 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. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded I Filled Excavated P1 P2 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 B2 B3 B4 B5 B6 6h. Total Buffer Impacts: 6i. Comments: Page 5of10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Ultimately the project will prevent failure of the existing wall which would fail into the stream. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. All work will be performed in the dry by the use of sandbags and HDPE pipe. 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 x 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: Type: Type: 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: 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 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 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 1 a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? Yes Nox 1 b. 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 Nox 2c. If this project DOES NOT require a Stormwater Management Plan, explain why:No additional impervious surface is being added than existing conditions. 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 government's jurisdiction is this project? 3b. Which of the following locally -implemented stormwater management programs apply (check all that apply): Phase II NSW USMP Water Supply Watershed Other.- ther:3c. 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: 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 8of10 PCN Form —Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the Yes No use of public (federal/state) land? x 1 b. 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 x (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 x or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? Yes No x 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in Yes No x 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. 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. Page 9 of 10 PCN Form — Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat? Yes x No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts? Yes x No 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville Field Office 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? Yes No x 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? NC Surface Water classification wedsite 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 status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? Yes No x 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? City of Asheville Historic Resource Office.( Planning Dept) 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain? Yes No x 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? FEMA flood map service Applicant/Agent's Printed Name Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided.) 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