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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 oq- ob7fl of wnrF9 `O0 pG Office Use Only: y ? Corps action ID no. -i 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