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HomeMy WebLinkAbout20200405 Ver 2_ePCN Application_202111129.1403,,
dtrlsiarr of 14Gaer Resources.
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
June 1, 2021 Ver 4.1
Initial Review
Has this project met the requirements for acceptance in to the review process?*
OO Yes
O No
Is this project a public transportation project?*
0 Yes 0 No
Change only if needed.
BIMS (*Assigned* Version# *
20200405 2
Is a payment required for this project?*
O No payment required
O Fee received
(?' Fee needed - send electronic notification
Reviewing Office*
Mooresville Regional Office - (704) 663-1699
Information for Initial Review
What amout is owed?*
G $240.00
O $570.00
Select Project Reviewer*
Alan Johnson:eads\adjohnsonl
la. Name of project:
Stowe Regional Water Resource Recovery and Associated Infrastructure Projects
la. Who is the Primary Contact?*
Benjamin Burdette
lb. Primary Contact Email:*
benjamin.burdette@hdrinc.com
Date Submitted
11/12/2021
Nearest Body of Water
Catawba River and Long Creek
Basin
Catawba
Water Classification
WS-IV; P and C
Site Coordinates
Latitude:
35.28193
A. Processing Information
Longitude:
-81.002598
lc. Primary Contact Phone:*
(704)248-3619
County (or Counties) where the project is located:
Gaston
Mecklenburg
Is this a NCDMS Project
0Yes ®No
Is this project a public transportation project?*
0Yes ®No
Pre -Filing Meeting Information
Is this a courtesy copy notification?*
0 Yes ® No
ID#
Pre -fling Meeting or Request Date
Attach documentation of Pre -Filing Meeting Request here:
Click the upload button or drag and drop files here to attach document
File type must be PDF
la. Type(s) of approval sought from the Corps:
❑O Section 404 Permit (wetlands, streams and waters, Clean Water Act)
EI Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
O Yes
O No
Please provide the date of the previous submission.*
3/24/2020
1b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
O Regional General Permit (RGP)
O Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
OYes 0No
Nationwide Permit (NWP) Number:
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
O 401 Water Quality Certification - Regular
0 Non-404 Jurisdictional General Permit
O Individual 401 Water Quality Certification
12 - Utility Lines
14 - Linear transportation
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
1f. Is this an after -the -fact permit application?*
O Yes O No
Version
O 401 Water Quality Certification - Express
O Riparian Buffer Authorization
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
®Yes O No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
O Yes O No
1 h. Is the project located in any of NC's twenty coastal counties?
O Yes O No
1j. Is the project located in a designated trout watershed?
OYes 0No
B. Applicant Information
0 Yes 0 No
OYes 0No
1d. Who is applying for the permit?
0 Owner i Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
OYes ONo
2. Owner Information
2a. Name(s) on recorded deed:
Joseph Wilson, POC for Charlotte Water
2b. Deed book and page no.:
DB-DP: 28400-380, 38400-386
2c. Contact Person:
Charlotte Water
2d. Address
Street Address
5100 Brookshire Blvd
Address Line 2
City
Charlotte
Postal / Zip Code
28216
2e. Telephone Number:
(704)336-6710
2g. Email Address: *
cwilson@charlottenc.gov
3. Applicant Information (if different from owner)
3a. Name:
Joseph Wilson, POC for Charlotte Water
3b. Business Name:
Charlotte Water
3c. Address
Street Address
5100 Brookshire Blvd
Address Line 2
City
Charlotte
Postal / Zip Code
28216
3d. Telephone Number:
(704)336-6710
3f. Email Address:*
cwilson@charlottenc.gov
4. Agent/Consultant (if applicable)
4a. Name:
Benjamin Burdette
4b. Business Name:
HDR
4c. Address
Street Address
440 S. Church Street
Address Line 2
Suite 900
City
Charlotte
Postal / Zip Code
28202
4d. Telephone Number:
(704)338-6710
4f. Email Address: *
kelly.thames@hdnnc.com
C. Project Information and Prior Project History
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
3e. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
1. Project Information
1b. Subdivision name:
(if appropriate)
lc. Nearest municipality / town:
Charlotte
2. Project Identification
2a. Property Identification Number:
05305103
2c. Project Address
Street Address
Long Creek Pumping Station on Hawfield Road
Address Line 2
City
Charlotte
Postal / Zip Code
28214
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
Catawba River and Long Creek
3b. Water Resources Classification of nearest receiving water: *
WS-IV; P and C
3c. What river basin(s) is your project located in?*
Catawba
3d. Please provide the 12-digit HUC in which the project is located.
030501011403 and 030501011405
4. Project Description and History
2b. Property size:
367
State / Province / Region
NC
Country
USA
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: *
The project area land -use consists of undeveloped forested areas, unmaintained open areas, maintained open areas, the exisiting Long Creek Pump Station, and existing Mt. Holly Water
Reclamation Facility (WRF). Land cover within the project area consists of deciduous and mixed forest, previously disturbed areas, low density development, and unmaintained
herbaceous areas.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
O Yes 0 No 0 Unknown
If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000).
DWR # 20-0405 and SAW-2019-01988
4f. List the total estimated acreage of all existing wetlands on the property:
33.68
4g. List the total estimated linear feet of all existing streams on the property:
14856
4h. Explain the purpose of the proposed project: *
The purpose of this project is to construct the Stowe RWRRF & Associated Infrastructure Projects to meet the increasing population growth demands for the treatment of wastewater for
Mt. Holly, Belmont, and the Long Creek Basin in Mecklenburg County.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
This Project proposes a regional VVWTP (Stowe RWRRF) in Mecklenburg County, located approximately adjacent to the existing Long Creek Pumping Station (PS). This regional facility
would initially have a treatment capacity of 15 million gallons per day (mgd) and have the ability to take wastewater flows from two existing facilities: the Mt. Holly Wastewater Reclamation
Facility (WRF) and Clariant, an adjacent industrial facility; and wastewater flows from the Long Creek basin. Through a future expansion, the Stowe RWRRF would treat 25 mgd and be
able to handle wastewater flows from the Belmont W WTP via the Paw Creek PS.
Once connected to the Stowe RWRRF through the proposed project, the effluent outfalls at the Mt. Holly WRF and the Belmont WWTP would be eliminated. Prior to the Stowe RWRRF
construction, the Charlotte Water wastewater treatment system would treat flows from the Mt. Holly WRF and the Belmont W WTP. It would also eliminate the need for expansions and
rehabilitations of the outdated Mt. Holly and Belmont facilities while still serving existing and anticipated treatment capacity needs for the region.
The US Army Corps of Engineers (USACE) requested that the Applicant submit a project -wide Clean Water Act (CWA) Section 404 application to include future construction projects
(elements) that would propose impacts to Waters of the U.S. (WoUS). This permit will take a phased approach, providing design and details on the most imminent elements of the Project,
while providing only high-level planning details for future elements yet to be designed
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas? *
O Yes
0 No 0 Unknown
Comments:
We are requesting a PJD on an additional 95 acres of land included in this amendment.
5b. If the Corps made a jurisdictional determination, what type of determination was made? *
0 Preliminary O Approved 0 Not Verified O Unknown 0 N/A
Corps AID Number:
SAW-2019-01988
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
Benjamin Burdette
HDR and CWS
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
July 31, 2020
6. Future Project Plans
6a. Is this a phased project?*
O Yes O No
6b. If yes, explain.
In Phases 1 a through 1 c, the existing Long Creek PS would be replaced with a new pump station and headworks facility on the same site in order handle wastewater flows from the Mt.
Holly WRF. These flows would be pumped beneath the Catawba River to the replaced Long Creek PS by horizontal directional drilling (HDD) methods, would continue from the current
Long Creek PS site to the Paw Creek PS, and then on to larger Charlotte Water treatment facilities via the existing system. A new pumping station would be constructed at the Mt. Holly
WRF site so that the WRF could be decommissioned. Additionally, access roads and power transmission would be constructed to the regional facility location.
This permit application seeks authorization for Phase 1. Phases 2-3 are still in the planning stages and proposed impacts to WoUS for these future phases will be considered cumulatively.
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
i] Wetlands O Streams -tributaries
O Open Waters O Pond Construction
2. Wetland Impacts
0 Buffers
2a. Site #* (?)
2a1 Reason (?)
2b. Impact type* (?)
2c. Type of W.*
2d. W. name*
2e. Forested*
2f. Type of Jurisdicition*
(?)
29. Impact
area*
Impact 1
Fill and grading
P
Bottomland Hardwood Forest
W10
No
Both
0.053
(acres)
Impact 3
Fill
P
Bottomland Hardwood Forest
W5
No
Both
0.010
(acres)
Impact 4
Fill
P
Bottomland Hardwood Forest
W6
No
Both
0.040
(acres)
Impact 5
Fill
P
Bottomland Hardwood Forest
W8
Yes
DWR
0.040
(acres)
Impact 6
Fill
P
Bottomland Hardwood Forest
W12
Yes
Both
0.110
(acres)
Impact 7
Fill
P
Bottomland Hardwood Forest
W9
Yes
DWR
0.180
(acres)
Impact 10
Fill
P
Bottomland Hardwood Forest
W17
Yes
Both
0.016
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.449
2i. Comments:
0.449 acres total wetland impact, 0.229 acres are Section 404/401
3. Stream Impacts
2g. Total Permanent Wetland Impact
0.449
3a. Reason for impact (?)
3b.lmpact type*
3c. Type of impact*
3d. S. name*
3e. Stream Type*
(?)
3f. Type of
Jurisdiction*
3g. S. width*
3h. Impact
length*
si
Impact 2
Temporary
Other
Catawba River
Perennial
Both
620
Average (feet)
0
(linear feet)
S2
Impact 9
Temporary
Other
Catawba River
Perennial
Both
620
Average (feet)
0
(linear feet)
S3
Impact 11
Permanent
Fill
Catawba River
Perennial
Both
620
Average (feet)
27
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
27
3i. Total stream and ditch impacts:
27
3i. Total temporary stream impacts:
0
3j. Comments:
Forcemains will be horizontally drilled beneath the Catawba river. This would not constitute any impact to surface waters. Forcemain crossings of Long
Creek will also be horizontally drilled and will not cause impacts to surface waters. Effluent outfall will occur underneath the ordinary highwater mark and
will be reinforced with riprap. This will constitute approximately 27 feet of impact located only on the bank of the river.
6. Buffer Impacts (for DWR)
6a. Project is in which protect basin(s)?
Check all that apply.
O Neuse
e Catawba
O Goose Creek
0 Other
O Tar -Pamlico
O Randleman
El Jordan Lake
6b. Impact Type
6c. Per or Temp
6d. Stream name
6e. Buffer mitigation required?
6f. Zone 1 impact
6g. Zone 2 impact
Utility Lines - New
P
Catawba
No
694
464
Access to surface water and dock
P
Catawba
No
694
463
6h. Total buffer impacts:
Total Temporary impacts:
Total Permanent impacts:
Total combined buffer impacts:
6i. Comments:
Zone 1
0.00
Zone 1
1,388.00
Zone 1
1,388.00
Zone 2
0.00
Zone 2
927.00
Zone 2
927.00
With proposed impacts 10 and 11, approximately 1,288 square feet of Zone 1 and 927 square feet of Zone 2 of the Catawba River Buffer will be cleared.
half this amount will be used to maintain a new easement for the utility lines associated with the outfall from the wastewater treatment plant. Under use
'kk' Zone 2 impacts are deemed allowable, and Zone 1 impacts less than 2,500 square feet are allowable with written authorization. The second half
would be under the use 'rr' as this will provide access to the surface water and to a dock that will be for upkeep of the outfall, the width of which will be
less than 15 feet.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
To avoid and minimize impacts to waters of the U.S., the project area was delineated for jurisdictional streams and wetlands. Because the Catawba
River is a Traditionally Navigable Waterway (TNW), Section 10 authorization is required for any impacts beneath, through, on, or over the river. For
those impacts to the Catawba River that propose forcemain installation by HDD, no changes or structures are proposed for the water surface, water
column, or riverbed so no hazards to navigation are anticipated. For those impacts to the Catawba River proposed on the surface of the river, design has
not yet commenced. Any element of this project that would require future impacts in Phase 2-3, refined designed and calculated impacts would be
submitted to the USAGE prior to construction.
The EIS and approved ROD already considered alternatives for the overall Stowe RWRRF project, location, and HDD methods verses other wastewater
treatment options. Impacts associated with the Stowe HW&IPS (Impact 1) cannot be avoided due to the existing location of the Long Creek PS. Impacts
associated with the Stowe RWRRF are isolated and not regulated by the USACE (Impact 7) or are in a future phase (dock and effluent outfall) (Impact
8). As such, the alternatives considered here are associated with the road access alignments (Impacts 3, 4 and 6). Impacts 2 and 9, and are Section 10
impacts to the Catawba River, but do not propose surface water impacts. The No -Build Alternative would not involve the construction of a new regional
treatment facility; however, it would include upgrading the existing Mt. Holly WRF and Belmont WWTP. It would also require substantial wastewater
collection system upgrades to the Charlotte Water system. In the absence of the project, capacity for wastewater treatment would be inadequate in
providing these services for the existing and anticipated population. The No -Build Alternative would not meet the purpose and need of the project.
lb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Erosion and sedimentation control measures will be properly installed and inspected in accordance with a NPDES Erosion and Sedimentation Control
(ESC) permit. Erosion and sedimentation BMPs will be installed prior to construction. Impacts will be minimized by strict enforcement of Best
Management Practices for the protection of surface waters, including restrictions against the staging of equipment in or adjacent to waters of the US.
Piling drive techniques will be utilized for bridge construction to minimize the impact footprint of the bridge bents. This project will follow all conditions of
NWP 12 and NWP 14, including their respective Water Quality General Certifications (WGC) 4133 and 4135. Equipment to be used includes excavators,
dump trucks, earthmovers, cranes, and HDD equipment.
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?
O Yes O No
2c. If yes, mitigation is required by (check all that apply):
OO DWR O Corps
2d. If yes, which mitigation option(s) will be used for this project?
O Mitigation bank O Payment to in -lieu fee program O Permittee Responsible Mitigation
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
OYes 0No
4b. Stream mitigation requested: 4c. If using stream mitigation, what is the stream temperature:
(linear feet)
4d. Buffer mitigation requested (DWR only): 4e. Riparian wetland mitigation requested:
(square feet) (acres)
4f. Non -riparian wetland mitigation requested: 4g. Coastal (tidal) wetland mitigation requested:
(acres) (acres)
4h. Comments
Approximately 33.68 acres of wetlands with 14,856 linear feet of stream were identified on site. According to site design, 0.229 acres of jurisdictional
wetlands will be impacted. These impacts are proposed to be mitigated as a 2:1 ratio which amounts to mitigating the equivalent of 0.458 acres. 0.4
acres have already been purchased for this project under the original permitting process. An additional 0.058 acres have been confirmed to be available
from the City of Charlotte Umbrella Stream and Wetland Mitigation Bank. No mitigation is required for impacts to the non -Section 404, isolated wetland
impacts (0.22 acre).
6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR
6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more information.
O Yes O No
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
O Yes O No
What type of SCM are you providing?
0 Level Spreader
0 Vegetated Conveyance (lower SHWT)
0 Wetland Swale (higher SHWT)
0 Other SCM that removes minimum 30% nitrogen
O Proposed project will not create concentrated stormwater flow through the buffer
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
O Yes • No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
OYes 0No
Comments:
The project is subject to the City of Charlotte's Post Construction Stormwater Ordinance (PCSO) and Zoning Ordinance Section 12.601. Phase 1 of the project is below 12% BUA. The
project qualifies as a low density development under the PSCO and therefore must treat runoff through vegetated conveyances to the maximum extent practicable and not required to
perform peak discharge control. The project is subject to 100-foot water supply watershed buffers and 100 foot +50% flood fringe post construction buffers. As subsequent phases are
designed, Stormwater Management Plans will be supplied to the City of Charlotte for review.
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
• Yes No
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 (North Carolina)
Environmental Policy Act (NEPA/SEPA)?*
• Yes No
1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House?*
• Yes No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)?*
Yes • No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
• Yes No
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
0 Yes 0 No 0 N/A
4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a
treatment plant, list the capacity available at that plant.
Project is a wastewater infrastructure project and the future Stowe RWRRF proposed capacity is 15 million gallons per day. Charlotte Water has already
obtained a NPDES permit for the effluent discharge associated with the facility.
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
• Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
• Yes No
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. Is another Federal agency involved?*
0 Yes
5e. Is this a DOT project located within Division's 1-8?
0Yes CNo
0 No Unknown
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
O Yes , No
5g. Does this project involve bridge maintenance or removal?
0 Yes • No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
0 Yes • No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
0 Yes 0 No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
The 2015 EIS examined potential impacts to federal and state protected species. The Preferred Alternative (this Project) was determined to have no
impacts to federal and state protected species. However, the EIS did indicate a population of Schweinitz's sunflower adjacent to, but outside, the Project
on the Mt. Holly side and the population was confirmed during a survey conducted on September 9th, 2021 by HDR. HDR surveyed the Mecklenburg
County side of the project over several days during the survey window for Schweinitz's sunflower. HDR determined that there were no suitable habitat
present on the Mecklenburg County side. Measures will be put in place, such as extra erosion control fencing and orange tree protection fencing within
the project area to protect the population outside the project area; no direct or indirect impacts to this population are anticipated. Therefore, no impacts
to federal or state protected species are anticipated.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
Yes • No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
NOAA Essential Fish Habitat Mapper https://www.fisheries.noaa.gov/resource/map/essential-fish-habitat-mapper
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?*
O Yes • No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
During completion of the original EIS, SHPO was consulted. No properties registered on the National or State register of Historic Places were found to
be present on the project site, and areas outside of the 100-year floodplain will be located within previously disturbed areas per guidance from SHPO.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
C) Yes O No
8b. If yes, explain how project meets FEMA requirements:
A floodplain development permit and associated CLOMR/LOMR will be acquired from the local FEMA Administrator.
8c. What source(s) did you use to make the floodplain determination?*
FEMA Firm Panels 3710552800K and 3710359600L
Miscellaneous U
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
Permit_Amendment_20211109.pdf 30.83MB
File must be PDF or KMZ
Comments
Signature
!21 By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
I intend to electronically sign and submit the PCN form.
Full Name:
Benjamin Burdette
Signature
Date
11/12/2021