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HomeMy WebLinkAbout20170207 Ver 1_More Info Received - Email_20170223 (37)February 23'x, 2017 Kevin Mitchell Division of Water Quality 2090 US 70 Highway Swannanoa, NC 28778 (828) 296-4650 Re: Request for Additional Information — Bryson City Assisted Living CDC Project: 21600 Mr. Mitchell, On behalf of Bryson City Property Holdings LLC, we are pleased to provide a set of revised drawings for your re -review and approval. Please find the responses (in red) to your emailed review comments dated February 231, 2017 below: The submittal indicates that a 42" HDPE pipe will be slip line installed into the existing 48" pipe. The contractor will then fill all void space with flowable fill and grout all cracks. Condition 5 of Water Quality Certification (WQC) 3883 requires that "All work in or adjacent to stream waters shall be conducted so that the flowing stream does not come in contact with the disturbed area... Approved best management practices such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing water. Exceptions to this condition require application submittal to and written approval by the Division." In addition, Condition 9 of WQC 3883 requires that "If concrete is used during construction, then all necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of the state. Please provide additional detail and construction sequences on how you plan to comply with condition 5 and 9 of WQC 3883. If necessary, ensure that temporary impacts associated with dewatering for the culvert installation are indicated in a revised impact table [15A NCAC 02H.0507 (c)] Acknowledged, please see CUL --1 where we have added additional notes. 2. The submitted plans show proposed rip -rap at the inlet area to assist in pipe stability. The proposed rip -rap is considered a permanent impact. Please update table 3 on page 4 of the PCN to include the rip -rap impact length. Per condition 15 of WQC 3883, "All rip -rap shall be buried and/or keyed in such that the original stream elevation and streambank contours are restored and maintained." Please provide a detail showing the proper installation (below the streambed elevation) of the rip -rap pad at the culvert inlet. [I 5A NCAC 02H .0507 (c)] Acknowledged, please see CUL —1, CUL — 2, and the updated PCN. 3. Please provide a cross section detail for the culvert installation showing the provisions for aquatic life passage (Condition 8 of General Certification 3883 [see link below]). By process of slip -lining pipe no new disturbance is occurring within boundary of existing culverts; therefore no need to establish a new aquatic life passage elevation. CUL — 2 profile view shows the one foot aquatic life passage route to continue. Mailing Address: P.O. Box 5432, Asheville, NC 28813 168 Patton Avenue, Asheville, NC 28801 52 Walnut Street — Suite 9, Waynesville, NC 28786 Phone 828-252-5388 Fax 828-252-5365 Phone: 828-452-4410 Fax: 828456-5455 If you should have any questions or comments regarding this submittal, please do not hesitate to call. Sincere , r i Warren M. Sugg, P.E. Civil Design Concepts, P.A. s: acad•216fgrdnrs usacc cir,'y2f117-p2-23 d-vy resuhmitwI 2017-U2-22 ccnnmciit response leticr.docx Mailing Address: P.O. Box 5432, Asheville, NC 28813 168 Patton Avenue, Asheville, NC 28801 52 Walnut Street — Suite 9, Waynesville, NC 28786 Phone 828-252-5388 Fax 828-252-5365 Phone: 828-452-4410 Fax: 828-456-5455 19 L A wAr1% C, Office use only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ® Section 404 Permit ❑ Section 10 Permit 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 ❑ No 1 d. 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 1 e. 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. 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ® No ❑ Yes ® No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: Bryson City Assisted Living Facility 2b. County: Swain 2c. Nearest municipality 1 town: Bryson City 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. owner Information 3a. Name(s) on Recorded Deed: Bryson City Property Holdings LLC 3b. Deed Book and Page No. 00345;1032 3c. Responsible Party (for LLC if applicable): Charles E. Trefzger 3d. Street address: 1270 25 ST Street Place SE Hickory, NC 28602 i 3e. City, state, zip: 3f. Telephone no.: (828) 322-5535 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: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. AgentlConsultant Information (if applicable) 5a. Name: Warren Sugg 5b. Business name (if applicable): Civil Design Concepts, PA 5c. Street address: 168 Patton Avenue 5d. City, state, zip: Asheville, NC 28801 5e. Telephone no.: (828) 252-5388 5f. Fax no.: (828) 252-5365 5g. Email address: wsugg@cdcgo.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 6673.10-46-0134 1b. Site coordinates (in decimal degrees): ILatitude: 35.417119 Longitude: -83.451033 1 c. Property size: 5.56 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Hughes Branch 2b. Water Quality Classification of nearest receiving water: 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: The parcel is currently a developed 5.56 acre site that consists of four existing buildings, and an entrance driveway with parking. There is an existing driveway with culverts to allow access to the site. 3b. 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: 315 3d. Explain the purpose of the proposed project: The intent of the project is to improve the existing culvert under the driveway to the proposed assisted living facility. 3e. Describe the overall project in detail, including the type of equipment to be used: The project will utilize earth moving and compacting equipment and typical construction equipment in order to complete a paved road and infrastructure for the proposed assisted living facility. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property 1 project(including all priorphases) in the past7 ❑ Yes ❑ No ❑X Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? E] 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? El Yes ❑ No ❑X Unknown 5b. If yes, explain in detail according to 'help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes Q No 6b. If yes, explain. Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑ Wetlands ❑X 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 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 Choose one Choose one Yes/No - W2 - Choose one Choose one YestNo - W3 - Choose one Choose one Yes/No - W4 - Choose one Choose one Yes/No - W5 - Choose one Choose one Yes/No - W6 - Choose one Choose one Yes/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) 3b. 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 Culvert Hughes Branch PER Corps 4 65 S2 P Stabilization Hughes Branch PER Corps 4 17 S3 - Choose one S4 - Choose one _ S5 - Choose one S6 - Choose one 3h. Total stream and tributary impacts 82 31. 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 Tem ora 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, the 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 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: 51. 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 - Yes/No B3 - Yes/No B4 - Yes/No B5 - Yes/No B6 - Yes/No 6h. Total Buffer Impacts: 6i. Comments: Page 5 of 10 D. impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The facility access road was designed to minimize the stream impact and also maintaining a reasonable grade for entrance to the site. The proposed driveway will maintain the existing driveway's centerline and only require new impacts to the left and right of the driveway. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Silt fencing, temporary & permanent diversion ditches, and other best management practices will be used to prevent sediment from impacting Hughes Branch. Slip line technique will be utilized to keep from open cut of Hughes Branch. 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 ❑X 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 ElPayment 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: S. 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? E] Yes ❑X 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) I 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes Q No within one of the NC Riparian Buffer Protection Rules? 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? 23% 2b. Does this project require a Stormwater Management Plan?X❑ Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: Even though project is below 24% impervious the project has a Storm Water Permit from Swain County. Stormwater collection occurs onsite and is released in a controlled manner. 2e. Who will be responsible for the review of the Stormwater Management Plan? Swain County 3. Certified Local Government Stormwater Review 3a. In which localgovernment's jurisdiction is thisproject'? Swain County inspection Department 0 Phase II 3b. Which of the following locally -implemented Stormwater management programs ❑ NSW apply (check all that apply): ❑ USMP ❑ 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): HSession Law 2006-246 ❑Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? Q Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ® Yes ❑ No Page 8 of 10 PCN Form —Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 18. Does the project involve an expenditure of public (federallstatellocal) funds or the ❑ Yes Q No use of public (federal/state) land? 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 (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. 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 Q No 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 Q 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. 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. N/A 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 ®yes E] No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑X Yes ❑ No impacts? 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? USFWS IPaC Resource List 6. Essential Fish Habitat (Corps Requirement) Sa. 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? USFWS IPaC Resource List 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? North Carolina Listings in the National Register of Historic Places 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: 8c. What source(s) did you use to make the floodplain determination? FEMA Floodmap 3700667300J WAPtM iiia *17 Applicant/Agent's Printed Name Applicant/"e CQOture Date (Agent's signature is valid only if an authorization letter from the applicant is provided. Page 10 of 10 jm m 0 2 0. M n W r a N CONTRACTOR TO UTILIZE SANDBAGS, ROCK BERMS, ay N COFFERDAMS, AND OTHER APPROVED BEST MANAGEMENT o W \ PRACTICES TO CONFIRM ALL WORK IN OR ADJACENT TO \ STREAM WATERS TO BE CONDUCTED SO THAT THE FLOWING w = o N W o STREAM DOES NOT COME IN CONTACT WITH THE DISTURBED a a z > a AREA AND ALL NECESSARY MEASURES SHALL BE TAKEN TO 3 3 PREVENT DIRECT CONTACT BETWEEN UNCURED OR CURING N CONCRETE AND WATERS OF THE STATE. i E a / U Q G \ ' a U C ' N C yFs _ .� v ep cy EXISTING CONCRETE HEADWALLS AND EXISTING DUAL PIPES TO REMAIN > O O 3 U�U 3 I \ � , s� AND BACKFILL AGAINST HEADWALLS 7 AFTER GROUT REPAIR / \ � 53LF— ��G 42' HDPE ALL RIP—RAP SHALL BE BURIED AND/OR (LINE F) KEYED IN SUCH THAT THE ORIGNINAL N STREAM ELEVATION AND STREAMBANK �� Te CONTOURS ARE RESTORED AND MAINTAINED N AND MUST MEET 15A NCAC 02H .0507 (C) W / ' \ PROPOSED RIP—RAP TO BE INSTALLED BELOW STREAMBED AT J J Z i INLET AREA TO ASSIST PIPE STABILITY EXISTING CONCRETE HEADWALLS AND i CONTRACTOR TO DIRECT WATER TO \ M N EXISTING DUAL 48" PIPES TO REMAIN;IN 53LF— ONE PIPE TO ALLOW WORKING o CONTRACTOR TO GROUT AND REPAIR HEADWALLS DURING 42" SLIP LINE WORK / 42" HDPE DRY PIPE FOR ALL CONCRETE WORK W THEN BACKFILL AGAINST HEADWALLS INE E) Q W / PROPOSED 42" HDPE PIPES NEW DRIVEWAY EOP SHALL BE SLIP—LINE INSTALLED INTO EXISTING CULVERT; CONTRACTOR y TO FILL ALL VOID SPACE WITH FLOWABLE FILL AND GROUT ALL CRACKS Lu % F z \ \ ♦� W V J J O/ J D O� O � O OLD DRIVEWAY EOP \ \ �O \ W_ O > O / 0 0 5 io zo r Q (n Ld Z F_ O , 1 inch= 10 ft. 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