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HomeMy WebLinkAbout20030293 Ver 2_401 Application_20100921ERM NC, PC September 16, 2010 NCDENR NC Division of Water Quality 585 Waughtown Street Winston-Salem, North Carolina 27107 (336) 771-5000 r'----------- I RECEIVED --___ h' • of E N R SEP 2 0 2010 V??nstcn-Saie??, Rec_cna v`ilce 8000 Corporate Center Drive Suite 200 Charlotte, NC 28226 (704) 541-8345 (704) 541-8416 (fax) ERM Subject: Pre-Construction Notification (PCN) Duracell U.S.A. ., Supplemental OU-1 Remediation Project TA Lexington, North Carolina SEP 2 Y 20t0 Ms. Sue Homewood: TLA.Np WATER OLKITY AW sroRWATER e Attached to this letter is the completed Pre-Construction Notification (PCN) Form for the referenced project. We have previously corresponded concerning this project via e-mail in July of 2010. As part of the remediation activities, stream sediments require removal due to presence of contaminants. The impact of stream removal will occur over a reach of approximately 600-ft encompassing approximately 6,000 square feet of disturbance. The application fee in the amount of $570.00 is attached with the PCN. Please contact me at (704) 541-8345 or dave.wasiela@erm.com with any questions you may have concerning this letter or attachments. Sincerely, David W. Wasiela, P.E. Senior Project Engineer Cc: Mr. Victor H. Miles - P&G Global Grooming Health Safety & Environmental Attch: PCN Form Site Plan (11X17) Application Fee 01 A 03 -b ac93 u a- o?0F WArFRpG Office Use Only: Corps action ID no. 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 1b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? ? 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 ® 401 Water Quality Certification - Express ? Riparian Buffer Authorization 1 e. 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 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 ® No 1 g. 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 ® No 2. Project Information 2a. Name of project: Duracell Supplemental OU-1 Remediation Project 2b. County: Davidson 2c. Nearest municipality / town: Lexington 2d. Subdivision name: None t 2e. NCDOT only, T.I.P. or state project no: Z None - j? Z ? ' 2 Mii M 3. Owner Information OSM0SMMM 3a. Name(s) on Recorded Deed: Duracell & Attn W A Ramsey - 3b. Deed Book and Page No. Book 603 page 112 3c. Responsible Party (for LLC if applicable): P&G - Global Grooming Health, Safety & Environmental 3d. Street address: 14 Research Drive 3e. City, state, zip: Bethel, CT 06801 3f. Telephone no.: (203)796-4541 3g. Fax no.: 3h. Email address: miles.vh@pg.com Page 1 of 11 PCN Form - Version 1.3 December 10, 2008 Version 114 v, 4. Applicant Information (if different from owner) 4a. Applicant Is: ? Agent ? Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address::-1--.-.---: 'WA 4e. City, stiff; z4 ?,.... 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: David W. Wasiela, P.E. 5b. Business name (if applicable): ERM NC, PC 5c. Street address: 8000 Corporate Center Drive; Suite 200 5d. City, state, zip: Charlotte, NC 28226 5e. Telephone no.: 704-541-8345 5f. Fax no.: 704-541-8416 5g. Email address: dave.wasiela@erm.com Page 2 of 11 PCN Form - Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): PIN ID 6736-03-40-7335 Latitude: 35.832678 Longitude: - 1 b. Site coordinates (in decimal degrees): 80.232302 (DD.DDDDDD) (-DD.DDDDDD) 1 c. Property size: 106 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Fritz Branch & Leonard Creek proposed project: 2b. Water Quality Classification of nearest receiving water: No classification for Fritz Branch. Leonard Creek Is Class C--Aquatic Life & Secondary Recreation 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: Former battery manufacturing facility. Buildings have been demolished. 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: 6000 3d. Explain the purpose of the proposed project: To remove sediments from the upper reach on an unnamed tributary to Fritz Branch that have accumulated over the last 5 years as a result of runoff from the former manufacturing area. 3e. Describe the overall project in detail, including the type of equipment to be used: Any loose sediment present in the stream channel will be removed using a combination of vacuum truck, backhoe, bobcat loader and shovels. The excavated sediment will be placed in dump trucks for transport to an upland stockpile area. Silt fences and existing rock dams will be utilized to control sediment transport downstream. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ? Yes ® No ? Unknown project (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type ? Preliminary ? Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Name (if known): Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 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 in detail according to "help file" instructions. NC DWQ Project Number 03-0293 issued May 9, 2003 and Certificate of Completion executed on August 12, 2004. Involved the removal of sediment from a 2,100 ft length of stream channel of the Unnamed tributary and Fritz Branch. Page 3 of 11 PCN Form - Version 1.3 December 10, 2008 Version 6. Future Project Plans 6a. Is this a phased project? ? Yes ® No 6b. If yes, explain. Page 4 of 11 PCN Form - Version 1.3 December 10, 2008 Version 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. 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 ? PEI T ? Yes ? Corps ? No ? DWQ W3 ? P ? T ? Yes ? Corps ? No ? DWQ W4 ? P ? T ? Yes ? Corps ? No ? DWQ W5 ? PEI 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. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - PER or - 404, 1 0 (Corps stream r Permanent (P) or intermittent DWQ - non- 404 , (linea Temporary (T) (INT)? other) (feet) feet) S1 ? POT Excavation of Unnamed tributary ® PER ? Corps 10 600 sediment to Fritz Branch ®INT ® DWQ S2 ? P ? 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 600 3i. Comments: Page 5 of 11 PCN Form - Version 1.3 December 10, 2008 Version It 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 individually 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 Tem orar T 01 ?P?T 02 ?P?T 03 ?P?T 04 ?P?T 4f. Total open water impacts 4g. Comments: 5. 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 5f. 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. Project is in which protected basin? 6b. 6c. 6d. Buffer impact number - Reason Permanent (P) or for B1 ?P?T B2 ?P?T B3 ?P?T 6i. Comments: ? Neuse ? Tar-Pamlico ? Other: ? Catawba ? Randleman 6e. 6f. 6g. Buffer Zone 1 impact Zone 2 impact Stream name mitigation (square feet) (square feet) required? ? Yes ? No ? Yes ? No ? Yes ? No 6h. Total buffer impacts Page 6 of 11 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. Access to the stream channel is provided by an existing access road used during the previous sediment removal activities. There is one stream crossing immediately downstream of the stream channel to be excavated. This crossing is across the top of an existing rock dam that was previously approved by the State. Silt fences will be installed along the stream channel to prevent any disturbed soil along the stream bank from being washed into the stream. In addition, an existing rock dam (previously approved by the State) is present immediately downstream of the channel to be excavated. Therefore, containment will be maintained for any sediment transported downstream during the removal project. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Due to the small size of the stream channel and the limited amount of sediment to be removed, relatively small equipment will used during the project. There is an existing access road that runs the length of the stream channel from which sediment will be removed. Access to the stream channel will not cause significant disturbance of the adjoining stream bank. Silt fences will be installed along the stream channel to prevent any disturbed soil along the stream bank from being washed into the stream. In addition, an existing rock dam (previously approved by the State) is present immediately downstream of the channel to be excavated. Therefore, containment will be maintained for any sediment transported downstream during the removal project. 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 ?coid 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 7 of 11 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 8 of 11 PCN Form - Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ? Yes ® No 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? 2% 2b. Does this project require a Stormwater Management Plan? ? Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: The project area consists of an impervious area of less than 24%, and stormwater is transported via vegetated conveyances upstream of the project site. 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 ? DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? ? 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 ? HQW 4a. Which of the following state-implemented stormwater management programs apply ? ORW (check all that apply): ? Session Law 2006-246 ? Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No attached? 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 9 of 11 PCN Form - Version 1.3 December 10, 2008 Version 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 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): 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. Project will not generate wastewater other than temporary rest room facilities suppllied and serviced locally Page 10 of 11 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 ® No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes ® No impacts? ? Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ? A h ill s ev e 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Federal List of Endangered Species, Threatened Species, Federal Species of Concern, and Candidate Species for Davidson County, North Carolina and the North Carolina List of Endangered, Threatened, Special Concern and Candidate Species in Davidson County, North Carolina 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? hftp://ocean.floridamarine.org/efh-coral/ims/viewer.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 ? Yes ® 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? http://www.hpo.ncdcr.gov/nr/nrlinks.html http://www.hpo.ncdcr.gov/nrlist.htm 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: 8c. What source(s) did you use to make the flood plain determination? http://floodmaps.nc.gov/fmis/Ma!nMap.aspx# /0 It' Applicant/Agent's Printed Name Applicant/Agent's Signature Date (Agent's signature Is valid only if an authorization letter from the applicant is provided.) Page 11 of 11 PCN Form -Version 1.3 December 10, 2008 Version 50' 12'30" LOCATIOI?t BASE MAP SOURCE: Produced by the United States Geological Survey North American Datum of 1983 (NAD83) World Geodetic System of 1984 (WGS84). Projection and 1 000-meter grid: Universal Transverse Mercator, Zone 17S 10 000-foot ticks: North Carolina Coordinate System of 1983 Imagery ...................................................NAIP, August 2008 Roads ..............................................©20062010 Tele Atlas Names ...............................................................GNIS, 2008 Hydrography .................National Hydrography Dataset, 2008 Contours ............................National Elevation Dataset, 2008 SCALE 1:24 000 1 0.5 0 KILOMETERS 1 2 1000 500 0 METERS 1000 2000 1 0.5 0 1 MILES 1000 0 1000 2000 3000 4000 5000 6000 7000 8000 9000 10000 FEET CONTOUR INTERVAL 10 FEET NORTH AMERICAN VERTICAL DATUM Of 1988 This map was produced to conform with version 0.5.10 of the draft USGS Standards for 7.5-Minute Quadrangle Maps. A metadata file associated with this product is draft version 0.5.11 i i ~ i ~ i ~ i r~, LEGEND i ~ i ~ ii SEWER LIhIE FOUR-WHEEL TRAIL ti~ PERENNIAL STREAM gRP~~N i INTERMITTENT STREAM -I--H-h---~~ RAILROAD M.H. o _ _ - - UNPAVED ROAD ~~1' PAVED ROAD ~ ~ M. . SEWER 0_ LINE ~ AREA OF STREAM SEDIMENT REMEDIATION ~ / M.H. MANHOLE 0 ~ ~ / ----J yea off. s NOTES: 6 O O ' 1. CONTRACTOR TO REMOVE SEDIMENT ON q°j~ ° G T-1 TRIBUTARY FROM "0° FEET TO 600 FEET 2~ Z PER SPECIFICATIONS. ~ 2. CONTRACTOR lAY DOWN AND HAUL ROAD ~ 400 J P ~ R AREAS TO BE FINALIZED AVER DISCUSSION WITH DURACELL. ~ m ALREADY EX STING AREOTO BEHCONSTRUCTED ~~1~ ZOO ~ BY CONTRACTOR. / _ . . 0' / FORME BLDG 4 4 00 ~ O O FORMER ~ Q PLANT 3 ~ s / h ~ CONTRACTOR J APPROXIMATE SCALE IN FEET PERSONAL tq O~ VEHICLE FORMER z00 100 o z00 PARKING ~ PLANT 1 ~ 1 v TATE CONTR4 VEHICL _-5 CONTRACTOR VEHICLE PATH o Receiveo UNNAMED v~PR~c H o~o~ o~ =~a ~R~~ SEP 7 0 2030 Sp~~(N CHECKED DAZE FlGURE P10. DURACELL U.S.A. PRDJECT DESIGNER STREAM SEDIMENT REM VAL AREA AND LEXINGTON. NORTH CAROLINA _ NA~jT, RnAT~ ARFA~ 108760RDOU1-X rc 0 0 SUPPLEMENTAL OU-1 REMEDIAL DESIGN i PROJECT MANAGER REV. N0. J. HINES 7/29/10 N E PC 1 9 m APPROVED DRAWN DATE CLIENT APPROVAL 0 8000 Corporate Center Drive, Suite 200 K. CLAYTON 7/29/10 Charlotte, NC 28226 m ° ERM Elatvt RA/ APPROVED SCALE W.O. NO. ISSUED FOR DATE SHEET OF (704) 541-8345 o IAS NOTED 108760 034~ag30