HomeMy WebLinkAbout20090670 Ver 1_More Info Received_20090618oq-o??o
ENGINEERING & INFRASTRUCTURE
June 17, 2009
o ? @ Le if i i I?,.
JUN 1 €i 2009
DENR - WATER QUALITY
NC DWQ, 401/Wetlands Unit WETLANDS AND STORMW'ATER BRANCH
1650 Mail Service Center
Raleigh, NC 27699-1650
Subject: City of Fayetteville - East Park Drive Streambank Stabilization
UT to Branson Creek [030615, 18-27-5-1, C]
Dear Ms. Karoly:
Thank you for your prompt review of the subject project submission. The
following information is offered in response to your request for additional
information dated June 12, 2009:
1. Please explain why both sides of the stream require stabilization
Both sides of the stream require stabilization to ensure that during large
storm events an unbalanced flow is not created. An unbalanced flow could lead
to un-natural erosion on the opposite bank and/or a change in the natural
direction of the stream bed. Stabilizing both sides during this project will prevent
additional disturbance in the future. Although not readily visible in the photos,
field observation has indicated some erosion on the bank opposite from the
failure. In general, the City designs all outfalls and associated stabilization
devices symmetrically to minimize the effect of water being concentrated as it is
leaving a pipe during storm events generating unusually high water volumes and
velocities.
2. The total impacts to the streams on the stream table (50 linear feet) does not
match the total for the column (20 linear feet) Please address this discrepancy
The quantity of 50 linear feet was a typographical error. The correct
impact length is 20 feet. A corrected PCN form is enclosed. The US Army Corps
of Engineers will also be provided with a corrected copy.
433 HAY STREET
FAYETTEVILLE, NC 28301-5537
(910) 433-1656lFAX: (910) 433-1058
An Equal Opportunity Employer
wwwxityoffayetteville. org
3. Reno mattress should not be placed below the ordinary high water mark vet
your plans show it going across the stream. Please explain why this is
necessary.
The Reno Mattress has been placed at the same elevation as the outfall
and existing stream bed per the suggestion of the US Army Corps of Engineers
during the design of similar project. The City understands that the intent of the
USACE was to ensure that aquatic life can pass up and down stream with
minimal disruption. Previous experience with Reno Mattress devices indicates
that after installation, the void space in the mattress fills with sediment and acts
in the same fashion as the natural streambed. During periods of heavy flow, the
sediment erodes but the Reno Mattress remains in place, protecting the outfall
from being undercut by erosion.
Should you have any further questions about the project or need additional
information, please feel free to contact me by telephone at (910) 433-1027 or by
email at 0larch (a)-ci.fay. nc.us. Thank you for your continued assistance.
Respectfully,
Jo
?? "/ --e-
hn H. Larch, PE
Engineer II
JHL/jhl
Enclosure
CC: File
433 HAY STREET
FAYETTEVILLE, NC 28301-5537
(910) 433-1656/FAX: (910) 433-1058
An Equal Opportunity Employer
www.cityoffayetteviIle.org
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y ? Corps action ID no.
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o DWQ project no.
Form Version 1.3 Dec 10 2008
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: . 3 or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps? I [K Yes ? No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
X4101 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:
? Yes ? No For the record only for Corps Permit:
? Yes ? No
If. 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 XNo
1g. Is the project located In any of NC's twenty coastal counties. If yes, answer 1 h
below. ? Yes No
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes o
2. Project. information
2a. Name of project: East Park Drive Stream Bank Stabilization
2b. County: Cumberland
2c. Nearest municipality / town: Fayetteville r- ,
2d. Subdivision name: Van Story Hills L? i ?
2e. NCDOT only, T.I.P. or state
project no:
NIA JUN 1 8 2009
3. Owner Information pENR . WATER QUALITY
3a. Name(s) on Recorded Deed: City of Fayetteville WERAND
3b. Deed Book and Page No. Plat Book 0009 Page 0062 (deed not on file)
3c. Responsible Party (for LLC If
applicable): N/A
3d. Street address: 433 Hay Street
3e. City, state, zip: Fayetteville, NC 28306
3f, Telephone no.: (910) 433-1027
3g. Fax no.: (910) 433-1058
3h. Email address: Jlarch@ci.fay.nc.us
Page 1 of 10
PCN Form -Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant Is: ? Agent ? Other, specify:
4b. Name: NIA
4c. Business name
(if applicable): NIA
4d. Street address: NIA
4e. City, state, zip: NIA
4f. Telephone no.: NIA
4g. Fax no.: NIA
4h. Email address: NIA
6. Agent/Consultant Information (if applicable)
5a. Name: NIA
5b. Business name
(if applicable): NIA
5c. Street address: N/A
5d. City, state, zip: N/A
5e. Telephone no.: NIA
5f. Fax no.: N/A
5g. Email address: N/A
Page 2 of 10
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): 0427-55-7104
1 b. Site coordinates (in decimal degrees): Latitude: 35.05566 Longitude -78.91444
(DD.DDDDDD) (-DD.DDDDDD)
1c. Property size: 1.2 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
proposed project: Unnamed Tributary to Branson Creek
2b. Water Quality Classification of nearest receiving water: C (per NC DWQ)
2c. River basin: Cape Fear
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:
A stream runs through a 72" culvert under a public street and continues along a public street.
3b. List the total estimated acreage of all existing wetlands on the property:
0.2 acre
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
680 feet
3d. Explain the purpose of the proposed project:
The purpose of the project Is to improve the outfall of the culvert to reduce erosion and dissipate energy from
water generated during storms.
3e. Describe the overall project in detail, including the type of equipment to be used:
A bypass pump will be installed to allow water to continue to flow while construction is underway. The water will be carried from the
upstream side of the culvert to a point approximately 60 feet downstream of the existing outfali. Gablon baskets and reno mattresses
will be used to stabilize the area around the outfall.
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 prior phases) in the past?
Comments:
? Yes No ? Unknown
/
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.
6. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
? Yes '21?;o ? Unknown
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project? ? Yes o
6b. If yes, explain.
Page 3 of 10
PCN Form - Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
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
W5 ? P ? T ? Yes ? Corps
? No ? DWQ
W6 ? 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. if.
3g.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number -
Permanent (P) or (PER) or
intermittent (Corps - 404, 10
DWQ - non-404 stream
width length
(linear
Temporary (T) (INT)? ,
other) (feet) feet)
S1 P T
ED] Placement UT1 to Branson ER Corps
'
dissipation device Creek ? INT WQ 10 20'
S2 ? PEI T ? PER ? Corps
? INT ? DWQ
S3 ? P ? T ? PER ? Corps
? INT ? DWQ
S4 ? P ? T ? PER ? Corps
? INT ? DWQ
S5 ? P ? T ? PER ? Corps
? INT ? DWQ
S6 ? P ? T ? PER ? Corps
? INT ? DWQ
3h. Total stream and tributary impacts 20'
3i. Comments:
Page 4 of 10
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 individual) list all open water Impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number - (if applicable) Type of Impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary
01 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
4f. Total open water Impacts
4g. Comments:
b. Pond or Lake Construction
if and or lake construction proposed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or purpose (acres)
number of pond
Flooded Filled Excavated Flooded Filled Excavated Flooded
P1
P2
6f. 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 an Impacts require mitigation, then you MUST fill out Section D of this form.
6a.
? Neuse ? Tar-Pamlico ? Other:
Project Is In which protected basin? ? Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number - Reason Buffer Zone 1 impact Zone 2 impact
Permanent (P) or for Stream name mitigation (square feet) (square feet)
Temporary Impact required?
131 ?P?T ?Yes
? No
B2 ?P?T ?Yes
? No
B3 ?P?T ?Yes
? No
6h. Total buffer impacts
61. Comments:
Page 6 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 reno mats will be placed at the same elevation as the existing stream bed to allow for passage of aquatic life.
The existing structure will not be disturbed. The linear Impact length has been kept to the absolute minimum
needed to dissipate energy created by large stormwater events. This project must be done to protect the public
street from damage In the future.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
A bypass pump will be Installed to maintain normal stream flow. Erosion controls will be put in place to prevent
sedimentation during and after construction.
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
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 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
4h. Comments:
6. 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 1.3 December 10, 2008 Version
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
I a. Does the project include or is it adjacent to protected riparian buffers identified ? Yeso
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
Comments:
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? <1%
2b. Does this project require a Stormwater Management Plan? ? Yes o
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: This project Is a Low Density project.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
? Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? DWQ Stormwater Program
DN?WQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project? Fayetteville
? Phase II
3b. Which of the following locally-implemented stormwater management programs ? NSW
? USMP
apply (check all that apply): ? 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
4a. Which of the following state-implemented stormwater management programs apply ? HQW
? ORW
(check all that apply):
? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? ? Yes ? No
6. 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 8 of 10
PCN Form - Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
la. Does the project involve an expenditure of public (federal/state/local) funds or the
f ® Yes ? No
use o
public (federal/state) land?
1b. 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
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 ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): N/A
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
additional development, which could Impact nearby downstream water quality? ? Yes No
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.
N/A
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 1.3 December 10, 2008 Version
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 N0
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
i
?
t ? Yes lo
mpac
s
5c. If yes, indicate the USFWS Field Office you have contacted. El Raleigh
? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
criticalhabitat.fws.gov
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes )SkQo
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
NOAA Fisheries Essential Fish Habitat Mapper (http://www.nmfs.noaa.gov/habitat/habitatprotection/index.htm)
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 si
nificant in (] Yes A-Ko
,
g
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
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: N/A
8c. What source(s) did you use to make the floodplain determination? North Carolina Floodplain Mapping Program
(http://www.ncfloodmaps.como
DKN ?. ?A 2cra( /? ? ?1,aa7
Applicant/Agent's Printed Name Applicant/Age s gnature Date
(Agent' gnature is valid only If an u rization letter from the applicant
is r ed.
Page 10 of 10