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HomeMy WebLinkAbout20091047 Ver 1_401 Application_20091009rj NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary CERTIFIED MAIL: # 7009 0080 0000 5655 1507 Lisa Kirby 1500 Beatty Street Greenville, NC 27834 September 22, 2009 OCT N S 2009 DENR - WATER QUALITY WETLANDS AND STORNWATER BRANCH Subject Property: Meetinghouse Branch Emergency Stabilization, Planters Walk Subdivision Return of Application: Dear Ms. Kirby: On September 8, 2009, the Division of Water Quality (DWQ) received your application dated September 2, 2009 to impact 112 linear feet of streams and 3000 square feet (ft) of protected riparian buffers for the purpose of streambank stabilization. Please note that your application package and processing fee of $240 must be sent to the Raleigh Central Office at: Division of Water Quality, 401 Permitting Unit 2321 Crabtree Blvd., Suite 250 Raleigh, NC 27604 This letter only addresses application processing only and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not authorized (at this time) by the DWQ. Please call Al Hodge or Roberto Scheller of the Washington Regional Office at 252-946-648 1 or Ian McMillan of the DWQ Central Office at 919-733-1786 if you have any questions regarding this matter. Sincerely, Al - ??J\ RfA,' Hodge/Supervisor Division of Water Quality Surface Water Protection Washington Regional Office cc: 401 Oversight/Express Permitting Unit USACE Washington Regulatory Field Office File Copy North Carolina Division of Water Quality Internet: www.ncwaterquali1V.0rg 943 Washington Square Mall Phone: 252-946-6481 One Washington, NC 27889 FAX 252-946-9215 NorthCarohna An Equal OpportunitylAffirmative Action Employer - 50% Recycled/10% Post Consumer Paper ;V19AM1911Y Memo 0 9 1 0 4 7 ?ltf r J J 2?Q? To: Roberto Scheller From:Lisa Ann Kirby, P.E., Civil Engineer II W CC: Josh Pelletier Date: 9/4/2009 PAID KIP Re: Meetinghouse Branch Emergency Stabilization On August 27, 2009 Raleigh Bland and Josh Pelletier with the US Army Corps of Engineers (USACE) and Roberto Scheller with North Carolina Division of Water Quality (NCDWQ) met with Jay Pigford, Victor Long and Lisa Kirby with the City of Greenville to look at an erosion problem on Meetinghouse Branch located in the Planters Walk Subdivision. After looking at the stream it was determined by USACE & NCDWQ that some type of emergency repair was needed because of the severity of the erosion. It was noted by Mr. Bland that any repair in the stream bed would be limited to 10 cubic yards. Mr. Scheller instructed the city to prepare a PCN for the repairs and submit it to his attention and he would expedite the permit as to the best of his ability. Mr. Scheller also stated that there would be no fee associated with the permit because it was being submitted by a municipality. It was also discussed that after the emergency repairs were made that another PCN would need to be submitted for the relocation of the stream. Attached is the completed PCN for this project. LK 09- 1 0 4 7 AI£ fij 7 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 1b. Specify Nationwide Permit (NWP) number: 13,18 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ?X 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 ?X 401 Water Quality Certification - Express ?X Riparian Buffer Authorization 1e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ? Yes ?X No For the record only for Corps Permit: ? Yes ?X 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. ? Yes ?X No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h below. ? Yes ?X No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ?X No 2. Project Information 2a. Name of project: Meetinghouse Branch Emergency Stabilization 2b. County: Pitt 2c. Nearest municipality / town: Greenville 2d. Subdivision name: Planters Walk 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Alex Torres 3b. Deed Book and Page No. MB33-95,95A 3c. Responsible Party (for LLC if applicable): 3d. Street address: 2006 Crooked Creek Road 3e. City, state, zip: Greenville, NC 27858 3f. Telephone no.: 252-756-2003 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 X? Other, specify: City of Greenville 4b. Name: Lisa Klrby 4c. Business name (if applicable): 4d. Street address: 1500 Beatty Street 4e. City, state, zip: Greenville, NC 27834 4f. Telephone no.: 252-329-4467 4g. Fax no.: 252-329-4535 4h. Email address: Ikirby@greenvillenc.gov 5. Agent/Consultant Information (if applicable) 5a. Name: 5b. Business name (if applicable): 5c. Street address: 5d. City, state, zip: 5e. Telephone no.: 5f. Fax no.: 5g. Email address: Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 43095,43096,52108,52107 1 b. Site coordinates (in decimal degrees): Latitude: 350 Longitude: -77.338441 1 c. Property size: 2.78 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Meetinghouse Branch 2b. Water Quality Classification of nearest receiving water: C;NSW 2c. River basin: Tar-Pamlico 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: Land use is medium density detached dwelling. Area has severe stream bank erosion as well as erosion in the stream bed itself. Numerous large caliber trees have fallen into the stream taking the bank with them. In addition, the bed has dropped approximately 5 feet creating a falls which is moving upstream everytime we get a significant storm. 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: 350 3d. Explain the purpose of the proposed project: 3e. Describe the overall project in detail, including the type of equipment to be used: 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 riot phases) in the past? Z Yes ? No ? Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? ? Preliminary ?X Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Josh Pelliter Agency/Consultant Company: US Army Corps of Engineers Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. June 15, 2009 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ?Yes Z No ? Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? Yes ? No 6b. If yes, explain. This phase is the emergency repair necessary to prevent any further damage from occuring to the stream. A second PCN we be submitted for a permanent repair. Page 3 of 10 PCN Form - Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1a. 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. 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 Yes/No 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 Gabion Baskets Meetinghouse Branch PER DWQ 8 12 S2 T Coffer Dam Meetinghouse Branch PER DWQ 8 100 S3 Choose one S4 Choose one S5 Choose one S6 Choose one 3h. Total stream and tributary impacts 3i. Comments: Approximately 8 cy of gabion baskets filled with stone will be placed in the stream bed. Temporary measures will effect the stream during work hours. The City will install a coffer dam that will allow the stream to be diverted around the work site by using a water pump. 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 individual) list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary 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 and or lake construction proposed, then 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 ?X 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. Project is in which protected basin? ? Neuse ?X 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 T Access Road Meetinghouse Branch No 600 400 B2 P Stream Bank Stabilization Meetinghouse Branch No 2,000 0 B3 Yes/No B4 Yes/No B5 Yes/No B6 Yes/No 6h. Total Buffer Impacts: 2,600 400 6i. Comments: Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The City intends to install the gabion baskets below the flow line of the stream in an effort to minimize the effects on the stream bed. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. A temporary stream diversion will help minimize the turbidity in the water caused by the installation of the gabion baskets and the bank stabilization 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 El 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: Choose one Type: Choose one Type: Choose one Quantity: Quantity: Quantity: 3c. Comments: 4. Complete if Makin 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: 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. 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? 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) 1. Diffuse Flow Plan 1a . Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? ?X Yes ? No 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? 0% 2b. Does this ro.ect require a Stormwater Management Plan? ? Yes No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: There will be no impervious area as a result of these emergency repairs. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: 2e. Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? 3b. Which of the following locally-implemented stormwater management programs apply (check all that apply): ? Phase II ? NSW ? USMP ? Water Supply Watershed ? Other: 3c. Has the approved Stormwater Management Plan with proof of approval been attached? ?Yes ? No 4. DWQ Stormwater Program Review 4a. Which of the following state-implemented stormwater management programs apply (check all that apply): ?Coastal counties ?HQW ?ORW ?Session Law 2006-246 ?Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ? Yes ? No 5. 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 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federal/state/local) funds or the ?x 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)? 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 l ? Yes ? No etter.) 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 ?X No or Riparian Buffer Rules (15A NCAC 2B.0200)? 2b. Is this an after-the-fact permit application? ?Yes ?X 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 ?X 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. 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 ?X No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes ?X No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. - 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Meet with Army Corps of Engineers representative Josh Pelliter on site to discuss and the he made the determination. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ?X No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? Meet with Army Corps of Engineers representative Josh Pelliter on site to discuss and the he made the determination. 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 ?X 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? Meet with Army Corps of Engineers representative Josh Pelliter on site to discuss and the he made the determination. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes ?X No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? NC flood maps. v50- M ki 14 i rlti aA., °)1 Z1 ba) Applicant/Agent's Printed Name Applicant/Agent's Signatur Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 10 of 10 3d. The purpose of this project is to stop the stream bed from eroding any further upstream and to stabilize the eroding banks by pulling back the slope and live a staking with the appropriate plants. 3e. The first part of this project will be to construct a temporary road approximately 20 feet wide and 300 feet long. The road bed will be approximately 16 feet wide and 8 inches deep and will be constructed using ABC stone. The intends to minimize riparian buffer impacts by bring the access road in at a 90 degree angle In addition the buffer will be restored at the end of the project. The City will construct a temporary coffer dam by driving a metal plate into the streambed and using pumps to divert the water around the project during the workday. The coffer dam will be removed at the end of each day and reinstalled each subsequent workday. The City will install gabion baskets in the stream to stabilize the bed and stop the erosion. The work in the stream bed has been limited to 10 cubic yards. After repairing the stream bed we will stabilize the stream banks by grading the banks at a 3:1 slope. The City will then seed the banks and replant with woody vegetation (River Birch, Willows, Dogwoods, Buttonbush are some examples). The project will also will include the removal of several trees which have already fallen and are obstructing the flow in the stream. The grading and the placing of the gabions will be done with an excavator and we will be hauling to and from the site with dump trucks. Please see attached plan and cost estimate for a more detailed description of work to be preformed. Map Output Page 1 of 1 Pitt County Government Greenville, North Carolina PITT (0 YYYYYY.pittcountyn4.gov 0 Q8 0 0/ 0 0 069 Parcel 043095 2006 CROOKED CREEK 4 Physical Address RD 23 0 4 0 4 OwnerName TORRES ALEX G O 7 06793 OwnerAddress1 YOUNG-TORRES JONI K OwnerAddress2 2006 CROOKED CREEK 0 RD k OwnerAddress3 ap?y City / State / Zip GREENVILLE NC 27858 01 ? NC PIN 4696389495 0 Subdivision /Section I O Phase 0?? Prior Legal Description LO T72 PLANTERS WALK 0 f ripe[ S 0 ?-?f 0 0 ? < Cr ? A' 0 Block Lot T PH , 1 Q l ract f 0 Igo ??qh Building Number/ Unit C? 04; r Q t3 Acres 0.54 0 O \? p ?] ? Current Owner Deed/Document 000543 00559 ) 0 0 A'S?cq gip. 0 `S Map Book 33-95,95A q?T 0 Deed/Document Date 10/1994 52109 Deed/Document Sales Price $183,000 O 0 Building Type / Use R9S SFR CONST(SFR) 43037 p 13 315 Number of Buildings 1 8 0 19 0 o Year Built 1993 C} 30 ..o 0 Heated Square Feet 2657 ff Q / Building Value $253,192 30 03 0 0 ? Extra Features Value $0 S 0 O 0 0 Land Value $24,000 0 0 3 ? Total Current Market Value $277,192 Q ?? QQ fl Total 2007 Market Value $220,990 Q-, Q Revaluation Year 2008 ? Municipality GREENVILLE 0 0 0 0 0 Township WINTERVILLE Fire Tax District GREENVILLE {? CHRISTINA DR Census Tract 3 Q 77601 0 Neighborhood 004012 4 0 Elementary School SADIE SAULTER ELEM Middle School E B AYCOCK MID w CZ 4 U 0 O 0 4 O High School J H ROSE HIGH m 260 O LEANNE DR 440 44 4 26 l a 0 0 $0 0 0 0 8 ' 01 Disclaimer: This tax record is prepared for the inventory of real property within Pitt County and is compiled from recorded deeds, plats, tax maps, surveys, and other public records. Users of this data are hereby notified that the aforementioned PLEASE NOTE: public primary information sources should be consulted for verification. Pitt County assum l l The parcel ownership information is updated es no ega responsibility for the information contained herein. nightly and. reflects cu rrent property values. 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NO m O O / / \ N V Z FTI C) O z m z Z cn O " O $ z c? -? w Fri D Cost Estimate Meeting House Branch Item Quantity Unit Unit rice Cost ABC Stone for Access Road 250.0 TN $ 25.00 $ 6,250.00 Fill Dirt For Access Road 400.0 TN $ 18.00 $ 7,200.00 Gabion Baskets 12x3x1.5 4.0 EA 125.00 500.00 Steel Rings for Gabion Attachment 1.0 EA $ 45.00 $ 45.00 Mirafi 180N Geotextile Fabric 50.0 SY $ 1.00 $ 50.00 Freight ( Gabions, Rings and Fabric) 1.0 EA $ 100.00 $ 100.00 Class B Rip-Rap 35.0 TN $ 35.00 $ 1,225.00 Cat 240 Excavator 80.0 HR $ 110.00 $ 8,800.00 Seeding & Mulching 0.5 AC $ 2,500.00 $ 1,250.00 Debris Disposal (Trees) 20.0 LD $ 50.00 $ 1,000.00 C-125 Erosion Matting 100.0 SY $ 2.25 $ 225.00 This project will be very labor intensive because of the length and width of the temporary access road that will need constructed for this project and the amount trees that will need to be removed. This estimate only includes the materials needed for this project and no labor. The project will take approximately two weeks to complete and will occupy two Street Division crews for that time. Subtotal $26,645.00 Tax $1,998.38 Total $28,643.38 10% Contingency $2,864.34 Total Cost $29,509.34