HomeMy WebLinkAbout20190752 Ver 2_PCN Form Submission_20200226DWR
Division of Water Resources
Pre -Construction Notification (PCN) Form
September 29, 2018 Ver 3
Initial Review
Has this project met the requirements for acceptance in to the review process?*
r Yes
r No
Is this project a public transportation project?*
G Yes IT No
Change only if needed.
BIMS # Assigned
20190752
Is a payment required for this project?*
r No payment required
r Fee received
r Fee needed - send electronic notification
Select Project Reviewer*
Chad Turlington:eads\ccturlington
Information for Initial Review
1a. Name of project:
Courtesy Copy - Chemours - Water Flow Monitoring
1a. Who is the Primary Contact?*
Christel E. Compton
1b. Primary Contact Email:*
Chritsel.E.Compton@Chemours.com
Date Submitted
2/26/2020
Nearest Body of Water
Cape Fear River
Basin
Cape Fear
Water Classification
WS-IV
Version#*
2
Reviewing Office*
Fayetteville Regional Office - (910) 433-3300
1c. Primary Contact Phone:*
(910)678-1213
Site Coordinates
Latitude: Longitude:
34.846777-78.826482
A. Processing Information U
County (or Counties) where the project is located:
Bladen
Cumberland
Is this project a public transportation project?*
r Yes r No
1a. Type(s) of approval sought from the Corps:
W Section 404 Permit (wetlands, streams and waters, Clean Water Act)
r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
1b. What type(s) of permit(s) do you wish to seek authorization?
W Nationwide Permit (NWP)
r Regional General Permit (RGP)
r Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
r Yes r No
Nationwide Permit (NWP) Number:
5 - Scientific Measurement Devices
NWP Numbers (for multiple NWPS):
There were seven flumes (temporary stream flow measuring devices) locations that were NWP 38, changed to NWP 5 by USACE.
1d. Type(s) of approval sought from the DWR:
W 401 Water Quality Certification - Regular r 401 Water Quality Certification - E)press
r Non-404 Jurisdictional General Permit r Riparian Buffer Authorization
r Individual Permit
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?*
r- Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r- Yes r- No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r- Yes r- No
Acceptance Letter Attachment
1h. Is the project located in any of NC's twenty coastal counties?
r- Yes r No
1j. Is the project located in a designated trout watershed?
r- Yes r No
B. Applicant Information
1d. Who is applying for the permit?
r Owner W Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
r Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
Chemours Company - Fayetteville Works Facility
2b. Deed book and page no.:
2c. Responsible party:
The Chemours Company - Fayetteville Works
2d.Address
Street Address
22828 NC Highway 87 W
Address Line 2
city
Fayetteville
Postal / Zip Code
28306-7332
2e. Telephone Number:
(910)678-1213
2g. Email Address:*
Chritsel.E.Compton@Cheniours.com
State / Province / Ifgion
North Carolina
Country
USA
2f. Fax Number:
r Yes r No
r Yes r No
3. Applicant Information (if different from owner)
3a. Name:
Christel E. Compton
3b. Business Name:
The Chemours Company - Fayetteville Works
3c.Address
Street Address
22828 NC Highway 87 W
Address Line 2
City
Fayetteville
Postal / Zip Code
28306-7332
3d. Telephone Number:
(910)678-1213
3f. Email Address:*
Chritsel.E.Compton@Chemours.com
4. Agent/Consultant (if applicable)
4a. Name:
Luke F. Eggering, SPWS
4b. Business Name:
Parsons
4c.Address
Street Address
530 Maryville Centre Drive
Address Line 2
Suite 400
City
St. Louis
Postal / Zip Code
63141
4d. Telephone Number:
(314)819-5020
4f. Email Address:*
luke.eggering@parsons.com
Agent Authorization Letter*
Signed Agent Authorization Form - Chritel Compton.pdf
State / Province / F bgion
North Carolina
Country
USA
3e. Fax Number:
State / Province / Illegion
Missouri
Cbuntry
USA
4e. Fax Number:
37.73KB
C. Project Information and Prior Project History C^U
1. Project Information
1b. Subdivision name:
ff appropriate)
1c. Nearest municipality/ town:
Fayetteville, NC 28306
2. Project Identification
2a. Property Identification Number:
2b. Property size:
18528
2,150
2c. Project Address
Street Address
22828 NC 87
Address Une 2
City
State / Province / Fbgion
Fayetteville
North Carolina
Postal / Zip Cbde
Country
28306
USA
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Cape Fear River
3b. Water Resources Classification of nearest receiving water:*
WS-IV
3c. What river basin(s) is your project located in?*
Cape Fear
3d. Please provide the 12-digit HUC in which the project is located.
Willis Creek -Cape Fear River 030300050102
4. Project Description and History
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 entire water analysis/velocity sampling area is within the Chemours property and is dominated by upland and bottomland hardwood forest. There are seven small streams that will
be sampled, and they originate in the forested uplands. The seven streams all receive base flowfrom groundwater discharges and that is the flowwhich will be measured by this study.
The eight streams eventually flow into four primary streams that flowthrough the Cape Fear floodplain into the Cape Fear River.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
r Yes r No r Unknown
4c. If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000).
DWR # 19-0752; SAW-2019-00206
Project History Upload
2019-00206 Chemours NWP 38-signed.pdf 196.31 KB
20190752 Chemours - Water Flow Monitoring Project - 401 Certification. pdf 4.62MB
4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR)
NC_Duart_20160608_TM_geo. pdf
25.11 MB
4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR)
4f. List the total estimated acreage of all existing wetlands on the property:
greater than 20 acres
4g. List the total estimated linear feet of all existing streams on the property:
Greater than 2,000 linear feet
4h. Explain the purpose of the proposed project:*
As part of the February 25, 2019 Consent Order between North Carolina DEQ and Cape Fear River Watch, Chemours has agreed to treat surface water(s) for PFAS (Per- and
polyfluoroalkyl substances). To assess the base flow conditions, Parsons, working for The Chemours Company, will install temporary flumes in -stream at eight locations. The streams
receive stormwater runoff and groundwater discharge from the adjacent uplands to the west. This study is primary aimed at measuring the groundwater base flow.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
Parsons will install eight (8) flumes in the small perennial streams listed below. The flumes will be monitored in 2020 and water flow readings will be acquired. After December 31, 2020
the flumes will be removed, and the area will be restored to preexisting conditions. There Will be no additional fill material placed in wetlands or belowthe ordinary high water mark
(OHWM).
4j. Please upload project drawings for the proposed project.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes
r No
Comments:
The centerline of the seven small streams mere mapped with a handheld GPS unit and NC Division
of Water Quality stream sheets were prepared. Supplemental information wa attached in the
previous submittal including photographs, maps, and stream sheets.
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
r Preliminary r Approved r Not Verified r Unknown r N/A
Corps AID Number:
5c. If Sa is yes, who delineated the jurisdictional areas?
Name (if known): Luke F. Eggering, SPWS
Agency/Consultant Company: Parsons
Other:
5d1. Jurisdictional determination upload
O Unknown
6. Future Project Plans
6a. Is this a phased project?*
r Yes n No
7b. If yes, explain.
The first phase of this project is to determine the volume of the base flowfrom Chemours (via the eight streams listed) to the Cape Fear River. Subsequent phases will consist of
additional base flow analyses and eventually developing water treatment facilities to remove PFAS as described in the Consent Order (February 25, 2019).
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?
No other NWPs are anticipated.
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
r Wetlands P Streams -tributaries r Buffers
r Open Waters r Pond Construction
3. Stream Impacts
3a. Reason for impact (?)
3b.lmpact type *
3c. Type of impact*
3d. S. name *
3e. Stream Type *
3f. Type of
3g. S. width *
3h. Impact
❑
(?)
Jurisdiction*
length*
S1
Insert flume instream to
Tem ora
p rY
Other
See A North, unnamed trib
P
Intermittent
Both
4
12
measure base flow.
to Cape Fear River
Average (feet)
(lines fcet)
S2
Insert flume instream to
Tem orar
P Y
Other
See A Mid, unnamed trib to
P
Perennial
Both
12
12
measure base flow.
Cape Fear River
Average (feet)
(lines feet)
S3
Insert flume instream to
Tem orar
P Y
Other
See A South, unnamed trib
P
Perennial
Both
10
12
measure base flow
to Cape Fear River
Average (feet)
(lirfeet)
S4
Insert flume instream to
Tem orar
P Y
—]
Other
See B North, unnamed trib
p
Intermittent
Both
9
12
measure base flow.
to Cape Fear River
Average (feet)
(lines fcet)
S5
Insert flume instream to
Tem orar
P Y
Other
See B West, unnamed trib
P
Perennial
Both
8
12
measure base flow
to Cape Fear River
Average (feet)
(linearfeet)
S6
Insert flume instream to
Tem orar
p Y
Other
See B South, unnamed trib
P
Perennial
Both
6
12
measure base flow
to Cape Fear River
Average (fee)
(lines fcet)
S7
Insert flume instream to
Tem orar
P Y
Other
See C North, unnamed trib
P
Perennial
Both
8
12
measure base flow
to Cape Fear River
Average (fee)
(lines feet)
SS
Insert flume instream to
Tem ora
P rY
Other
See D North, unnamed trib
P
Perennial
Both
11
12
measure base flow.
to Cape Fear River
Average (feet)
(linearfeet)
31. Total jurisdictional ditch impact in square feet:
31. Total permanent stream impacts:
31. Total stream and ditch impacts:
96
3j. Comments:
31. Total temporary stream impacts:
96
The flumes will be installed in -stream belowthe OHWM, and they will be monitored during the 2020 sampling period. Thereafter, the flumes will be
removed and all substrate will be graded and restored.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
There are many seeps emerging from the uplands above the Cape Fear River. The eight identified seep/stream areas were identified to measure
surface water flowto the Cape Fear River. This would minimize the number of potential weirs or flumes necessary to collect the data.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Construction will be minimal and will primarily consist of hand tools to ensure that the stream's surface waters flow over and through the flumes to
gather accurate base flow information.
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?
r Yes r No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Mitigation will be required during subsequent phases of the Chemours Consent Order development.
NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington District's RIBffS website.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
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?
r Yes r No
If no, explain why:
Impacts will be very minimal and temporary.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
r- Yes r No
2b. Does this project meet the requirements for low density projects as defined in 15ANCAC 02H .1003(2)?
r Yes r- No
Comments:
G. Supplementary Information U
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federallstate) land?*
f Yes f• No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15ANCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)?*
r Yes r No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
r- Yes r No
3b. If you answered "no," provide a short narrative description.
This phase of the project (i.e. measuring base flow) will have a very minor impact to WOTUS. The individual permit for future phases will require
mitigation.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r- Yes r No r- N/A
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?*
r Yes r No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
r Yes r No
5c. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
5d. Is another Federal agency involved?*
r- Yes r No r- Unknown
5e. Is this a DOT project located within Division's 1-8?
r Yes r No
5f. Will you cut anytrees in order to conduct the work in waters of the U.S.?
r- Yes r No
5g. Does this project involve bridge maintenance or removal?
r Yes r No
5h. Does this project involve the construction/installation of a wind turbine(s)?'
r Yes r No
51. 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.?
r Yes r No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
See attached IPaC Report.
Consultation Documentation Upload
Chemours IPaC Resource List.pdf 275.97KB
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
r Yes r No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
Streams do not contain fish based on field observations.
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?*
r Yes r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
A qualitative site field survey was completed by Susan Bupp (MA, RPA) in February 2019, and the SHPO records were reviewed February 21, 2019.
7c. Historic or Prehistoric Information Upload
Cultural summary.pdf 103.81 KB
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 1 00-year floodplain? *
r Yes
r No
8b. If yes, explain how project meets FEMA requirements:
Very minor impact
8c. What source(s) did you use to make the floodplain determination?*
FEMA website
'Miscellaneous
Comments
Miscellaneous attachments not previously requested.
2019-02-25 Consent Order - file -stamped and fully executed (b & w).pdf
2.82MB
Chemours Deed.pdf
355.95KB
Chemours IPaC Official Resource List.pdf
249.55KB
Chemours Property Information.pdf
258.73KB
FEMA Flood Map.pdf
227.38KB
Legal Description - Fayetteville Works As Surveyed Descriptions. pdf
68.53KB
Photograph log for PCN for flumes.pdf
7.54MB
Seep D Location Map for flume.pdf
366.76KB
Signature
*
W By checking the box and signing below, I certify that:
• 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:
Luke F. Eggering
Signature
�? 45
Date
2/26/2020