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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