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HomeMy WebLinkAbout20090103 Ver 1_More Info Received_20090327Oq-O%o3 Municipal Engineering Services f Company, P.A. Gamer, N.C. Morehead City, N.C. Boone, N.C. LETTER ,yon TRANSMITTA`?`sT DATE: 3-26-09 PROJECT NO.: B08039.A TO: Sue Homewood FROM: Eric G. Thomley, PE NCDENR - Division of Water Quality Winston-Salem Regional Office 585 Waughtown Street Winston-Salem, NC 27107 RE: Requested Information to Determine Project Compliance Section 401 Water Quality Certification, DWQ# 09-0103 (reference 04-1025) Crystal Springs Subdivision (formerly Homestead Subdivision) Near Vilas in Watauga County, NC WE ARE SENDING YOU: COPIES DATE NO. PGS. DESCRIPTION 1 3-25-09 1 Letter to Sue Homewood 1 3-25-09 1 Revised Page 4 of PCN Application 1 3-25-09 1 Revised Page 6 of PCN Application 1 3-25-09 1 Revised Page 7 of PCN Application 1 3-25-09 1 Revised Page 9 of PCN Application 1 3-25-09 1 Revised Site Plan 1 3-25-09 1 Construction Sequence and Details Sheet TRANSMITTED: O FOR YOUR USE/FILE ® FOR APPROVAL D AS YOU REQUESTED ® FOR REVIEW/COMMENT O FOR SIGNATURE O AS REQUESTED BY: ? FOR YOUR INFORMATION O FOR REMARKS: Sue: We are sending you the following information as requested in your letter dated February 27, 2009 in order to continue the review of this project in order to complete the Section 401 Water Quality Certification for the subject site. Please review the enclosed information and let me know if you have any questions. I am also sending a copy of the enclosed materials to Ian McMillan as per your request and Amanda Jones of USACE as per her request. VIA: El I ST CLASS MAIL 0 FAX HAND DELIVERED PICK UP ®OVERNIGHT COPY: Ian McMillan, NCDWQ Wetlands/401 Certification Unit Transmitted from the Boone, NC Office of Municipal Engineering Services at 671 West King Street Suite A - PO Box 349 Boone, North Carolina 28607 Phone (828) 262-1767 - Fax (828) 265-2601 - E-mail: thomleymescopbellsouth.net r,q'U r March 26, 2009 Sue Homewood NCDENR - Division of Water Quality Winston-Salem Regional Office 585 Waughtown Street Winston-Salem, NC 27107 Re: Requested Information for Continued Review of Project Section 401 Water Quality Certification, DWQ# 09-0103 (reference 04-1025) Crystal Springs Subdivision (formerly Homestead Subdivision) Near Vilas in Watauga County, NC Dear Sue: We received your letter dated February 27, 2009 requesting additional information for the subject project in order for you to determine the project's compliance with 15 NCAC 2H .0500. In order to complete the application in accordance with your request, we have enclosed revised copies of pages 4, 6, 7 & 9 of the PCN application as well as revised full-size plans sheets for the project. Following is a summary of the revisions we have made to both the plan and application to bring the project into compliance: We have added a second full size plan sheet, which includes a construction sequence for the removal of the portion of the existing culvert at Stream Impact S3 to limit the Permanent Impact to 19 linear feet. We have also included a detail of the stream channel to be restored at the original stream profile and dimensions at the location of the removal. Pages 4 and 6 of the PCN Application have been revised to discuss the removal of the portion of the existing culvert and the stream restoration as indicated on the plan sheets. Dewatering of the stream will be accomplished by performing a pump-around of the existing stream flow. 2. We have added to the site plan the location of the proposed septic lines for Lots 4, 5 and 6 to cross the stream to access the proposed nitrifications field on the opposite side of the stream from the proposed house sites. The septic lines for Lots 4 and 6 are proposed to run under PO Box 97, Garner, North Carolina 27529 (919) 772-5393 PO Box 1197, Morehead City, NC 28557 (252) 726-9481 PO Box 349, Boone, North Carolina 28607 (828) 262.1767 the shoulder on the north side of the roadway above the culvert within the limits of Stream Impact S2. The septic line for Lot 5 is proposed to run underground at the location the portion of the existing culvert is to be removed and to be installed before the original stream channel is restored at that location. Pages 4, 6 and 9 of the PCN Application have been revised to discuss the locations of the proposed septic lines for these 3 lots as stated above. We believe the information included with this letter should provide the information requested in your letter dated February 27, 2009 and allow you to determine the project's compliance with 15A NCAC 2H .0500. Please call or e-mail if you need additional information or have any questions. Sincerely, Municipal Engineering Services Company O. kYX0 Eric G. Thomley, PE Enclosures C: Ian McMillan, NC-DWQ Wetland/401 Certification Unit Amanda Jones, US Army Corps of Engineers -2- C. Proposed Impacts Inventory p _ p k p 3 1. Impacts Summary 1 a. 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. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ - non-404, other) (acres) Temporary T W1 ? P ? T ? Yes ? Corps ? No ? DWQ W2 ? P ? T ? Yes ? Corps ? No ? DWQ W3 ? P ? T ? Yes ? Corps ? No ? DWQ W4 ? P ? T ? Yes ? Corps ? No ? DWQ 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. 3b. 3c. 3d. 3e. 3f. 3g• Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ - non-404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ®P ? T Culvert UT1 to Baird ® PER ® Corps 5 40 Creek ? INT ® DWQ S2 ®P ? T Culvert/Septic UT2 to Baird ? PER ® Corps 2 40 Lines Creek ® INT ® DWQ S3 ®P ? T Culvert UT2 to Baird ? PER ® Corps 2 19 Creek ® INT ® DWQ Culvert S4 ? P ® T Removal/Septic UT2 to Baird ? PER ® Corps 2 21 Line/Stream Creek ® INT ® DWQ Restoration 3h. Total stream and tributary impacts 120 3i. Comments: USACE Action ID#200431024, NWP 39, Section 404 Permit for 50 LF of culvert in UT1 to Baird Creek issued 6-22-04. The total length of Permanent Stream Impacts for the site, including this 50 LF culvert in UT1 to Baird Creek, is 149 linear feet. A 2" septic force main from each Lot 4 and Lot 6 to the proposed location of the nitrification fields for those lots are proposed in the shoulder on the north side of the county standard roadway above the culvert within the limits of the Impact Length of Stream Impact #2 in UT2 to Baird Creek. Temporary Stream Impact #4 is the removal of 21 LF of the existing culvert in UT2 to Baird Creek, which will leave in place the remainder of the culvert, which is listed under Permanent Stream Impact #3 and the restoration of the stream channel to the original profile and dimensions. A 2" septic force main will be constructed for access from Lot 5 to the proposed nitrification field location after the removal of the culvert but before the restoration of the stream channel within the limits of the Impact Length of Temporary Stream Impact #4 in UT2 to Baird Creek. Page 4 of 10 PCN Form - Version 1.3 December 10, 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Each of the three stream crossings (one in UT1 and two in UT2) were required to access the single-family residential subdivision lots on the site. A rock headwall was proposed at the upstream and downstream ends of the culvert in UT1 to limit the impact of the stream by the grading required for the roadway crossing. A rock headwall was proposed at the upstream and downstream ends of each of the culverts in UT2 to limit the length of the impact of the stream for the grading required by the roadway and driveway crossing. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. A rock headwall was installed at the upstream and downstream ends of the culvert in UT1 to limit the impact of the stream for the grading work required for the construction of the roadway crossing. A rock headwall was installed at the upstream and downstream ends of the first culvert in UT2 to limit the length of the impact of the stream for the grading work required for the construction of the roadway over each of the culverts. The rock headwalls were backed by silt fence and constructed at the same time as the roadway grading work in order to prevent sediment runoff into the existing streams during construction. A rock headwall will be constructed on the upstream end of the 19 LF culvert in UT2 to stabilize the fill above the pipe for the driveway entrance to Lot 5 as was done on the downstream end of this culvert. The 2 inch force mains required for the septic systems for Lot 4 and Lot 6 will be installed under the shoulder on the north side of the county standard roadway above the culvert in UT2 to combine the impact within the length of the culvert. The 2 inch force main required for the septic system for Lot 5 will be installed underground after the portion of the culvert in UT2 is removed within the impact length but before the stream is restored to the original profile and dimensions at that location. The restored stream channel will be stabilized with an erosion control blanket before the stream banks are seeded, and native species will be installed on the stream banks to add to the stabilization of the restored stream channel. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for ? Yes ® No impacts to Waters of the U.S. or Waters of the State? 2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps ? Mitigation bank 2c. If yes, which mitigation option will be used for this ? Payment to in-lieu fee program project? ? Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type 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: ? warm ? cool ?cold 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 Page 6 of 10 PCN Form - Version 1.3 December 10, 2008 Version 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. 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 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? 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)? 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 ? Yes ? No letter.) 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 26 .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): Notice of Violation NOV #2008-OP-0063 dated January 5, 2009 for installation of two culverts in a jurisdictional stream channel (UT2 to Baird Creek) for the construction of a roadway and driveway to serve the residential lots. The impact to UT2 to Baird Creek was beyond the USACE NWP 29 issued on 6-22-04 and the 401 Water Quality Certification with DWQ Project #04-1025 for the impact to UT1 to Baird Creek issued 8-27-04. A 401 Water Quality Certification is required for the impacts to UT2 to Baird Creek pursuit to 15A NCAC 2H .0500. 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® 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. On-site nitrification fields with designated repair areas are proposed for the wastewater to be generated from the proposed lots on the site. See enclosed Appalachian District Health Department Wastewater Improvements Permits dated 1-16-08 and Site Plan for additional information. Lots 4, 5 and 6 are located on the east side of UT2 to Baird Creek while the nitrification fields and repair areas for these lots are located on the west side of UT1 and UT2 to Baird Creek. These septic systems will require force mains to get the septic flow from each lot to the proposed nitrification fields on the opposite site of UT1 and UT2 to Baird Creek. A 2" septic force main from each Lot 4 and Lot 6 to the proposed location of the nitrification fields for those lots are proposed to be installed under the shoulder on the north side of the county standard roadway above the culvert within the limits of the Impact Length of Stream Impact #2 in UT2 to Baird Creek. The 2 inch force main required for the septic system for Lot 5 will be installed underground after the portion of the culvert in UT2 to Baird Creek is removed within the impact length but before the stream is restored to the original profile and dimensions at that location. 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EX CL UT TO / , _ ~ / ~ ~ ICE K ~ ~ / f,/ ~ PRO ~ r,, ~ , } s BAIRD CHEEK ~i ~ 4 o r , VE / GRAVEL g, EX J ~ ~ : ~ ! ~ o_ 1 ~ E~ BOULDER WAL ( ) / ~ j t t ~ t l I r ~ ~ ~ ~ ± ~ ~ r 1.; ~ / ~ } ~S ~ / / ~ ~ 7 .4 EX CL`BAIRD CREEK ~ ~ ~ _ t ~ ~ o_ ~ i ~ f I~ ~ x ~ ~ ~ f~ ~l E ry , ~ ~ 1 l r ~ ~ / y ,t ~ i ~ HO SE E~ 2~' STREAM SUFFER ~ ~ ~ ti +IRD CREEKTYP ,j I ` ~ ~ /s RICHARD; DAVI'S ~ ~ ~ ~ _ f ~ r ,r' ~ ~ t ~ ~ ' - _ .y ~ 1 ~ ~ , ~ ~ 1 yam, ~,1~.' ~ c ~ ' / ` ~ l f - l _ \ W ~ r l ~ ~ ~ ~ , , ti , ~ S ECT10 III ~ \ < ~ ~ \ W X 18 ! ~zo~ , r_. ~ p ~ ~ ~ , ; , i i ~ ~ ~ e ,4 e~ 1 - , , ~ ~ , , ~ , , ~ ~ LB~R : SEGARS _ i / 1. rl ~ ! ~ y - '4 +l " I " 1 t i V ti ~k k i r ,i ~ - ~ ~ l ~ f ~ r = U ~ ~ ,r ~ ~ , ~ ~ , ~ ! ; ~ ' ~ B 18, PG 862. , ~ ! ~ . ~ , ~ ~ ti `t \,j 1 N ~ `V 4 ~ _ / ~ ~ kt GRAPHIC SCALE... 50 0 25 50 100 -0 \ \ \ SCALE: f = 50 1, 1 5 / j l 1 J DATE f- 27 09 _ _ _ 7 s \ 7Q6 t 1 1 ! l ` J f DRWN. BY: £GT c' i f + CHKD. BY. EGi PRELI MINARY IN FEET ` \ L~'L L WENBE G , 1 INCH = 50 FEET lBE G \ l l y , PROJECT NUMBER \ \ \ \ h BOR 516. PG'\145 VIEW ONLY ^3`145 1 a 808-039.3 FOR REGULATORY RE _ \ \ (co 1, ; N } I DRAWING NO. SHEET NO. S-1 1 OF 2 iN......; . Z t0 z•~. p:~: m N ,Q M: ~ STREAM IMPACTS #3 & #4 _ •v. X n~,, ~ .r ON, W „ . 41 ~ ...........o°, CaNSTRUCTION SEQUENCE 0 n ~ 1. INSTREAM WORK SHALL NOT COMMENCE WITHIN THE U N U TRQUT STREAM BUFFER FROM OCTOBER 15 TO APRIL 15. rF}- pp~ .,V ~ 2: PUMP THE WATER FROM THE UPSTREAM CHANNEL s • i. W n N ABQVE THE END OF THE PIPE TO BE REMOVED TO THE ENv UNaISTURBED PORTION OF THE DOWNSTREAM .O. t0 ; CHF~NNEL BELOW THE CULVERT. O ~'`I ~ a U 3. REMOVE MINIMUM 21 LINEAR FEET OF THE EXISTING , ,1~7 n> rn c~ n...,.. 24° FiDPE CULVERT. W N . 4. 1NSTALLPROPOSED 2" FORCE MAIN UNDER THE z rn: ~ z N: STF~EAM CHANNEL AT THE SAME LOCATION THE 24" . ~ p, . ~ n: - PLANT NATIVE SP LIES ON EACH STREAM HDF'E CULVERT WAS REMOVED. m BANKAT 5' SPACI . SPECIES PLA TED X~. 5. INSTALL ROCK HEADWALL AT UPSTREAM END OF 24° o. SHOULD BE SILKY 4GWOOD STAK1 GS a HDF'E CULVERT TO STABILIZE FILL FOR THE DRIVEWAY OR APPROVED E AL CRQSSING THE CULVERT. 6. GRADE STREAM CHANNEL TO RESTORE THE 2'± AVERAGE STREAM EXISTING ORDINAL PROFILE AND DIMENSIONS TO MATCH THE WIDTH AT ORDINARY 12 ± G VEL 0 EXITING CHANNEL UPSTREAM AND DOWNSTREAM OF HIGH WATER MARK DRLVEWAY THE CULVERT (SEE DETAIL ON THIS SHEET). 7. STABILIZE STREAM CHANNEL WITH NORTH AMERICAN z~ ~ GREEN SC150BN BIODEGRADABLE EROSION CONTROL ~ z z ~ 0 0~ BLANKET OR APPROVED EQUAL. - - - - - - - - 8. SEED STREAM CHANNEL AND DISTURBED OVERBANK tL ~ AREAS WITH ERNST RIPARIAN BUFFER SEED MIX OR 2•y` ~ ~ APPROVED EQUAL. 4'± STREAM. ~ o .STA. ILIZ AND LINE STREAM CHANNEL ~ Q 9. PLANT NATIVE SPECJES AT 5' SPACING ON THE CHANNEL DEPTH WITH NORTH: ~ ~ ~ v ~ AMERICAN.GREEN SC150BN cn ~ RESTORED STREAM BANK ON EACH SIDE OF THE (MATCH EXISTING BIODEGRADABLE EROSION CUNTRL CHP~NNEL. USE SILKY DOGWOOD STAKINGS OR STREAM CHANNEL BLANKET OR APPROVED EQUAL ~ Q z~ APPROVED EQUAL. DEPTH) SEE STREAM CHNNELAND DIT QED 1O. REMOVE PUMP AND RESTORE NATURAL STREAM 1'± STREAM CHANNEL OVEBAK AREA WITH ERNST I IAN FLOW THROUGH RESTORED STREAM CHANNEL AND BOTTOM WIDTH BUFEREED MI RAPPROVE® -UAL. REMAINING 19 LINEAR FEET MAXIMUM OF 24° HDPE CULVERT. (MATCH EXISTING STREAM BOTTOM SEE C STUCTN SEQUECE6 WIDTH) w z W o~ a ~J w v J o v 7 ,q~ TEMPORARY TEA A T - ~W Q PROPOSED STREAM E L E T('''~ o ¦ CHA V U CAN ~Z 1 W LOOKING UPSTR ~ EA F ~ LV r NTS m a U a 0 SCALE: AS SHOWN DATE: 3-25-09 DRWN. BY: EGT CHKD. BY: EGT PRELIMINARY PROJECT NUMBER FOR REGULATORY REVIEW ONLY 808-039.3 DRAWING NO. SHEET NO. D-1 2 OF 2