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HomeMy WebLinkAbout20170958 Ver 1_Riparian Buffer Authorization_20170803W'�,Wl< WDICKSON community Infrastructure consultants August 2, 2017 Ms. Karen Higgins NCDWR-401 and Buffer Permitting Branch North Carolina Department of Environmental Quality 512 North Salisbury Street Raleigh, NC 27604 RE: Charlotte Water's Ashe Plantation WWTP Riparian Buffer Authorization Form Dear Ms. Higgins: 2 0 1 7 0 9 5 8 Please find the enclosed Riparian Buffer Authorization Form for the temporary placement of frac tanks for Charlotte Water's Ashe Plantation's in order to protect the riparian buffer of Duck Creek, Duck Creek, and the Goose Creek Watershed. Also included are the Project Vicinity Map, USGS Topographic Map, NRCS Soil Survey Map, and Frac Tank Data Sheet. The Charlotte Water's recently acquired Ashe Plantation Wastewater Treatment Plant (WWTP) is currently in a state of disrepair and plans to replace the WWTP with a new package WWTP are underway. However, there are concerns that a failure at the WWTP may occur before the WWTP can be replaced. Therefore, Charlotte Water is intending to place two 21,000 gallon frac tanks on site to protect the Goose Creek Watershed and divert wastewater from the WWTP during a failure. By diverting the wastewater to the frac tanks the impact of a failure on the Goose Creek Watershed could be reduced or eliminated. It would also help keep them from violating their National Pollution Discharge Elimination System (NPDES) permit, which forbids the discharge of partially or untreated wastewater. In order to maintain stream protection and preventing an NPDES permit violation Charlotte Water would like to place the frac tanks on site until the completion of the replacement of the existing WWTP. 616 Colonnade Drive Charlotte, NC 28205 Tel. 704.334.5348 rvwtv.wkdickson.com Aviation • Water ResOUI-Ces 0 Urban Development • Geomatics August 2, 2017 Page 2 Charlotte Water's Ashe Plantation WWTP Riparian Buffer Authorization Form The enclosed documents include those requested on the Riparian Buffer Authorization Form as well as some additional supporting information. If you have any questions or comments, please feel free call me at 704-334-5348, or email at btripp@wkdickson.com. Sincerely, W.K. Dickson & Co., Inc. /t-- 'OC Brian L. Tripp, PE, BCE Vice President C: Chuck Cowherd — Charlotte Water Enclosures DWRState of North Carolina Department of Environment and Natural Resources Division of Water Resources Division of Water Resources 15A NCAC 02B .0233 (8)(b), .0243 (8)(b), .0250 (11)(b), .0259 (8)(b), .0267 (11)(c), .0607 (e)(2) - Buffer Authorization FORM: BA 10-2013 A. Applicant Riparian Buffer Authorization Form Information 1. Project Information la. Name of project: Ashe Plantation WWTP Temporary Emergency Spill Tanks 1 b. County: Mecklenburg 1c. Nearest municipality: Charlotte, NC 1d. Subdivision name: Ashe Plantation 1e. Is the project located in any of North Carolina's twenty coastal counties. If yes, answer if below. ❑ Yes ® No 1f. Is the project located within a NC Division of Coastal Management Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Owner Information 2a. Name on Recorded Deed: City of Charlotte 2b. Deed Book and Page No. B30613 -P431 2c. Map Book and Page No. (include a copy of the recordedf.` map that indicates when the lot was created): 22-61 -' 2d. Responsible Party (for Corporations): Chuck Cowherd, PE, Senior Engineering Project Manager Charlotte Water 2e. Street address: 600 East Fourth Street 2f. City, state, zip: Charlotte, NC 28202 2g. Telephone no.: 704-391-5101 2h. Fax no.: 2i. Email address: ccowherd@ci.charlotte.nc.us 3. Applicant Information (if different fro.owner) 3a. Applicant is: ❑ Agent`. ❑ Other, specify: 3b. Name: Chuck Cowherd, PE, Senior Engineering Project Manager 3c. Business name (if applicable):''r`' Charlotte Water ,� s 3d. Street address: 5100 Brookshire Blvd 3e. City, state, zip: Charlotte, NC 28216 3f. Telephone no.: 704-391-5101 3g. Fax no.: 3h. Email address: ccowherd@ci.charlotte.nc.us 4. Agent/Consultant Information (if applicable) 4a. Name: Brian L. Tripp, PE 4b. Business name (if applicable): WK Dickson & Co., Inc. 4c. Street address: 616 Colonnade Drive 4d. City, state, zip: Charlotte, NC 28205 4e. Telephone no.: 704-334-5348 4f. Fax no.: 4g. Email address: btripp@wkdickson.com FORM: BA 10-2013 Page 1 of 6 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 19717318E 1b. Site coordinates (in decimal degrees): Latitude: 35.177676 Longitude: 80.59246 1c. Property size: 2.27 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Duck Creek 2b. Water Quality Classification of nearest receiving C; Tr water: 2c. River basin: Yadkin'Pee-Dee River Basin 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 site is partially wooded and partially used for Charlotte Waters Ashe Plantation Wastewater Treatment Plant (WWTP). The site is located within a suburban residential neighborhood that is bordered by residential lots and Duck Creek. Duck Creek is a tributary to Goose Creek and the entire property is located within the Goose Creek Watershed. 3b. Attach an 8'/2 x 11 excerpt from the most recent version of the USGS topographic map indicating the location of the site 3c. Attach an 8'/ x 11 excerpt from the most recent version of the published County NRCS Soil Survey Map depicting the project site 3d. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: Approximately 200 linear feet of Duck Creek is located on the property. 3e. Explain the purpose of the proposed project: The purpose of this project is to protect the riparian buffer of Duck Creek, Duck Creek, and the Goose Creek Watershed from the effects of a potential wastewater treatment plant failure by installing two 21,000 gallon frac tanks. In the event of a failure flow to the wastewater treatment plant would be diverted to the frac tanks. From the frac tanks it would be pumped and hauled to another facility. Once the WWTP is replaced with a new package plant and the threat of failure is diminished the tanks will be removed. 3f. Describe the overall project in detail, including the type of equipment to be used: This project includes the Ashe Plantation WWTP operated by Charlotte Water. The WWTP is currently in a state of disrepair and plans to replace the WWTP with a package WWTP are underway. There are concerns of a WWTP failure prior to replacing the WWTP. Therefore two 21,000 gallon tanks will be placed on site to capture flow diverted from the WWTP in the event of a failure. The tanks would be placed on site with no change in grade or vegetation. It is expected that the tanks will be delivered on tractor trailers and placed on existing ground surface. Additionally a temporary chain linked fence will be placed around the tanks to ensure safety. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the ❑ Yes ® No ❑ Unknown Corps or State been requested or obtained for this property/ Comments: project (including all prior phases) in the past? 4b. If yes, who delineated the jurisdictional areas? Agency/ Consultant Company: Name (if known): Other: 4c. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. FORM: BA 10-2013 Page 2 of 6 C. Impact Justification and Mitigation, continued 5. Project History 5a. Have permits or certifications been requested or obtained for ® Yes ❑ No ❑ Unknown this project (including all prior phases) in the past? 5b. If yes, explain and detail according to "help file" instructions. On July 20, 2017, an application for the FEMA Floodplain Development Permit was submitted. At the time this form was submitted no response has been received. 6. Future Project Plans 6a. Is this a phased project? ® Yes ❑ No 6b. If yes, explain. The first phase of the project is to establish a contingency plan in the event that a failure occurs between now and the time the Ashe Planation WWTP can be replaced. The contingency plan includes diverting flow to two frac tanks on site to prevent a spill of wastewater in the event of a failure. The second phase of the project includes restoring reliability to the Ashe Planation WWTP by replacing it with a new package WWTP. Once the new package WWTP is installed and fully operational the frac tanks will be removed. C. Proposed Impacts Inventory 1. Buffer Impacts 1a. Project is in which protected ❑ Neuse ❑ Tar -Pamlico ❑ Catawba basin? ❑ Randleman ❑ Jordan ® Goose Creek 1 b. Individually list all buffer impacts below. if any impacts require mitigation, then you MUST fill out Section D of this form. Buffer impact Reason for Type of impact Stream name Buffer Zone 1 Zone 2 number — impact (exempt, allowable, mitigation impact impact Permanent (P) allowable w/ mitigation) required? (sq ft) (sq ft) or Temporary B1 ❑ P ® T Stream Allowable Protection Duck Creek ❑ Yes ® No 0 0 B2 ❑ P ❑ T ❑ Yes ❑ No B3 ❑ P ❑ T ❑ Yes ❑ No B4 ❑ P ❑ T ❑ Yes ❑ No B5 ❑ P ❑ T ❑ Yes ❑ No B6 ❑ P ❑ T ❑ Yes ❑ No Total buffer Impacts 0 0 1 c. Comments: The project will temporarily place two 21,000 gallon tanks on site to protect the riparian buffer of Duck Creek, Duck Creek, and the Goose Creek Watershed from a potential failure of the WWTP. The placement of the tanks will not require a change in grade or vegetation. Additionally, the placement of the tanks is temporary and once the WWTP has been replaced and the risk of failure is diminished the tanks will be removed. FORM: SSGP3080 8-13 Page 3 of 6 C. Impact Justification and Mitigation, continued D. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The potential impacts of the frac tanks were considered when deciding where to put the frac tanks on site including the need to adjust grade or remove vegetation. The frac tanks will be located on site where they will not require a change in grade or vegetation. This part of the site is already a gravel tum around area. The project vicinity map is attached to show the approximate locations of the frac tanks. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. This phase of the project will include the placement of two pre-cohstructed frac tanks on site. The frac tanks will be brought to the site by tractor trailer and off loaded in the designated spot, which has been identified as having the least impact. For specifications regarding the frac tanks, please see attached frac tank data sheet. The temporary chain link perimeter fence will be supported with weights rather than anchored in the ground to keep impacts minimumal. 2. Buffer Mitigation 2a. Will the project result in an impact within a protected riparian buffer that requires buffer ❑ Yes ® No mitigation? 2b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation and calculate the amount of mitigation required in the table below. Zone Reason for impact Total impact Multiplier Required mitigation (square feet (square feet Zone 1 3 (2 for Catawba) Zone 2 1.5 Total buffer mitigation required: 2c. If buffer mitigation is required, is payment to a ❑ Yes ❑ No mitigation bank or NC EEP proposed? 2d. If yes, attach the acceptance letter from the mitigation bank or NC EEP. 2e. If no, then discuss what type of mitigation is proposed. 2f. Comments: "Stream Protection" is listed as a Potentially Allowable Requiring DWQ approval, therefore mitigation is not required. FORM: SSGP3080 8-13 Page 4 of 6 E. Diffuse Flow Plan All buffer impacts and high ground impacts require diffuse flow or other form of ® Diffuse flow stormwater treatment. Include a plan that fully documents how diffuse flow will be ❑ Other BMP maintained. If a Level Spreader is proposed, attach a Level Spreader Supplement Form. 1 a. If due to site constraints, a BMP other than a level spreader is proposed, please provide a ® Yes ❑ No plan for stormwater treatment as outlined in Chapter 8 of the NC Stormwater BMP public (federal/state) land? Manual and attach a BMP Supplement Form. 1 b. F. Supplementary Information by First Class Mail via the US Postal Service: 1. Environmental Documentation OR NC DWR, Transportation Permitting Unit 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the use of ® Yes ❑ No Raleigh, NC 27604 public (federal/state) land? For all other projects sent by delivery service 1 b. If you answered "yes" to the above, does the project require preparation of an ❑ Yes ® No OR Karen Higgins environmental document pursuant to the requirements of the National or State (North NCDWR — 401 & Buffer Permitting Branch 1617 Mail Service Center Carolina) Environmental Policy Act (NEPA/SEPA)? Raleigh, NC 27699 - 1617 1 c. If you answered "yes" to the above, has the document been finalized by the State ❑ Yes ❑ No Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) Comments: N/A 2. Violations 2a. Is the site in violation of DWR Wetland Rules (15A NCAC 02H .0500), Isolated Wetland ® Yes ❑ No Rules (15A NCAC 02H .1300), DWR Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC 02B .0200)? 2b. 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): While unauthorized fill is located on the site, this Buffer Authorization Form is regarding the placement of the two frac tanks and not the unauthorized fill. Actions on-site to place frac tanks have not begun. Therefore, this Buffer Authorization Form is not an after -the -fact permit application. Chuck Cowherd, PE �vs zl Charlotte Water, City of Charlotte Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Applicant/Agent's Printed Name Send 3 complete sets of this form and accompanying documents to the following.- For ollowing: For government transportation projects sent For government transportation projects sent by by First Class Mail via the US Postal Service: delivery service (UPS, FedEx, etc.): NC DWR, Transportation Permitting Unit OR NC DWR, Transportation Permitting Unit 1617 Mail Service Center 512 N. Salisbury Street Raleigh, NC 27699 - 1617 Raleigh, NC 27604 For all other projects .sent by First Class Mail For all other projects sent by delivery service via the US Postal Service (UPS, FedEx, etc.): Karen Higgins OR Karen Higgins NCDWR — 401 & Buffer Permitting Branch NCDWR — 401 & Buffer Permitting Branch 1617 Mail Service Center 512 N. Salisbury Street Raleigh, NC 27699 - 1617 Raleigh, NC 27604 FORM: BA 10-2013 Page 5 of 6 �►WK Ash Plantation WWTP Project 0 50 100 �IDICKSO.- Riparian Buffer Authorization Form Feet m��uv i�r�a,nucrure con,unonr, All Vertical Elevations Referenced to NAVD1988; Project Vicinity Map 1 inch= 100 feet Horizontal Datum Referenced to NC State Plane Coordinates P►WK Ash Plantation WWTP Project 0 100 200 rDICKSOo- Riparian Buffer Authorization Form i,. ��t,a,�,��t.,. .o.,. 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