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HomeMy WebLinkAbout20190752 Ver 3_401 Application_20200603DWR Division of Water Resources Pre -Construction Notification (PCN) Form April 11, 2020 Ver 3.1 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?* C Yes r 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 Reviewing Office * Fayetteville Regional Office - (910) 433-3300 Information for Initial Review 1a. Name of project: Chemours - Flow -through Cells 1a. Who is the Primary Contact?* Christel E. Compton 1b. Primary Contact Email:* Christel.E.Compton@Chemours.com Date Submitted 6/3/2020 Nearest Body of Water Cape Fear River Basin Cape Fear Water Classification WS-IV Version#* 3 What amout is owed?* r $240.00 r $570.00 Select Project Reviewer* Chad Turlington:eads\ccturlington 1c. Primary Contact Phone:* (910)678-1213 Site Coordinates Latitude: Longitude: 34.845544-78.825891 A. Processing Information U County (or Counties) where the project is located: Bladen Is this a NCDMS Project r Yes r No 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: NWP Numbers (for multiple NWPS): NWP-38 Hazmat Clean-up 1d. Type(s) of approval sought from the DWR: W 401 Water Quality Certification - Regular r Non-404 Jurisdictional General Permit r Individual Permit 38 - Hazmat Clean -Up le. Is this notification solelyfor the record because written approval is not required? For the record onlyfor DWR 401 Certification: For the record onlyfor Corps Permit: F- 401 Water Quality Certification - E)press r Riparian Buffer Authorization 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:* Christel.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:* Christel.E.Compton@Chemours.com 4. Agent/Consultant (if applicable) 4a. Name: Luke F. Eggering 4b. Business Name: Parsons 4c.Address Street Address 530 Maryville Centre Drive Address tine 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* Agent Authorization - signed - Preconstruction Notification Seeps.pdf State / Province / F bgion North Carolina Country USA 3e. Fax Number: State / Province / Region Missouri Country USA 4e. Fax Number: 210.79KB C. Project Information and Prior Project History C^U 1. Project Information 1b. Subdivision name: frf 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 / F3gion Fayettevile NC Postal / Zip Code 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:* On February 25, 2019, the North Carolina Superior Court for Bladen County entered a Consent Order (CO) among The Chemours Company FC, LLC (Chemours) and the State of NC and Cape Fear River Watch to address discharges of perfluoroalkyl and polyfluoroalkyl substances (PFAS) at the Chemours Fayetteville Works. Among other things, the CO required Chemours to develop a remedial plan for reducing PFAS loading from Chemours Fayetteville Work Facility to the Cape Fear River. Chemours is developing four flow -through cell instream treatment facilities to treat the water prior to discharge into the Cape Fear River. The treatment flow -through cells will involve the installation of an in -stream system to remove PFAS contaminants from the surface water at the seeps. The in -situ remedial technology involves the installation of sheet pile walls to guide seep water discharge through a controlled structure for on -location treatment. Large wire baskets (gabions) filled with a sorbent material will be installed in the discharge structures such that the water discharging from each seep location will flowthrough the sorbent-filled gabions. The PFAS compounds in the seep water will be sorbed by the sorbent material in the gabions and the treated water, containing much lower concentrations of PFAS compounds, will flow out the downhill side of the gabions. Influent and effluent samples wIl be collected to monitor the PFAS removal efficiency and to determine when the sorbent material requires replacement. The occasional replacement of gabion baskets will be performed using a crane to lift the baskets out of the channel and install new baskets containing fresh sorbent. The seep treatment remedies will be maintained as long as needed to protect human health and the environment. 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). SAW-2019-00206; DWR#19-0752 and DWR#19-0752 v2 Project History Upload Chemours Water Flow Monitoring V2.docxpdf SAW-2019-00206 NWP 38 Old Ouffall 002.pdf 736KB 1.63MB 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) USGS Excerpt Duart quad.pdf 364.46KB 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) Chemours NRCS Soil Map.pdf 1.43MB 4f. List the total estimated acreage of all existing wetlands on the property: Greater than 10 acres 4g. List the total estimated linear feet of all existing streams on the property: Greater than 2,000 feet 4h. Explain the purpose of the proposed project:* Chemours will construct four instream flow -through cell structures in four unnamed tributaries east of the Fayetteville Works Facility in the Cape Fear River floodplain. Release of per - and polyfluoroalkyl substances (PFAS) from the Chemours Company FC, LLC Fayetteville Works Facility to the Cape Fear River are derived from impacted groundwater discharging to surface water as seeps. Four groundwater seeps that form streams, identified as Seeps A, B, C and D, are located above the Cape Fear River water level on the bluff face from the facility and discharge into the Cape Fear River. The seep treatment remedies will be maintained as long as needed to protect human health and the environment. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The treatment flow -through cells will involve the installation of an in -stream system to remove PFAS contaminants from the surface water at the seeps. The in -situ remedial technology involves the installation of sheet pile walls to guide seep water discharge through a controlled structure for on -location treatment. Large wire baskets (gabions) filled with a sorbent material will be installed in the discharge structures such that the water discharging from each seep location will flow through the sorbent-filled gabions. The PFAS compounds in the seep water will be sorbed by the sorbent material in the gabions and the treated water, containing much lower concentrations of PFAS compounds, Will flow out the downhill side of the gabions. Influent and effluent samples will be collected to monitor the PFAS removal efficiency and to determine when the sorbent material requires replacement. The occasional replacement of gabion baskets will be performed using a crane to lift the baskets out of the channel and install new baskets containing fresh sorbent. The seep treatment remedies will be maintained as long as needed to protect human health and the environment. 4j. Please upload project drawings for the proposed project. Chemours flow -through cell project plans - final 449338 COMBINED 20200603.pdf 11.32MB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No Comments: A WOTUS Report was prepared following a May 18-19, 2020 Field Survey. The report and appendices are attached below. 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: r Unknown 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Luke F. Eggering, SPWS Agency/Consultant Company: Parsons Other: 5d1. Jurisdictional determination upload Appendix B Chemours flow -through cells wetland photos and data sheets.pdf Appendix C Chemours flow -through cells stream data sheets and photos.pdf 2020-05-28 RPT Chemours WOTUS Flow -through Cells DRAFT V1.pdf 6. Future Project Plans 6a. Is this a phased project?* r Yes O No 12.23MB 19.64MB 1.73MB 7b. If yes, explain. Release of per- and polyfluoroalkyl substances (PFAS) from the Chemours Company FC, LLC Fayetteville Works Facility to the Cape Fear River are derived from impacted groundwater discharging to surface water as seeps. Four groundwater seeps that form streams, identified as Seeps A, B, C and D, are located above the Cape Fear River water level on the bluff face from the facility and discharge into the Cape Fear River. The treatment flow -through cells will involve the installation of an in -stream system to remove PFAS contaminants from the surface water at the seeps. The in -situ remedial technology involves the installation of sheet pile walls to guide seep water discharge through a controlled structure for on -location treatment. Large wire baskets (gabions) filled With a sorbent material will be installed in the discharge structures such that the water discharging from each seep location will flow through the sorbent-filled gabions. The PFAS compounds in the seep water will be sorbed by the sorbent material in the gabions and the treated water, containing much lower concentrations of PFAS compounds, will flow out the downhill side of the gabions. Influent and effluent samples Will be collected to monitor the PFAS removal efficiency and to determine when the sorbent material requires replacement. The occasional replacement of gabion baskets will be performed using a crane to lift the baskets out of the channel and install new baskets containing fresh sorbent. The seep treatment remedies will be maintained as long as needed to protect human health and the environment. Additional measures to treat for PFAS are currently being developed. 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? A larger PFAS groundwater treatment plan is being developed. All future work is envisioned to be performed under NAP 38. D. Proposed Impacts Inventory u 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): W Wetlands W Streams -tributaries r Buffers r Open Waters r Pond Construction 2. Wetland Impacts 2a1 Reason (?) 2b. Impact type * (?) 2c. Type of W.* 2d. W. name * 2e. Forested* 2f. Type of Jurisdicition*(?) 2g. Impact area* Seep B Fringe flow through cell P Seep Seep B unnamed Trib to No Both 0.007 Cape Fear River (acres) Seep B Temp culvert, access road T mland Hardwood Forest ff Seep B Trib to unnamed Both 0.060 Trib to Cape Fear River (acres) Seep C Fringe flow -through cell P ff Seep C unnamed Trib Both 0.006 to Cape Fear River (acres) Seep D Fringe flow -through cell P Seep Seep D unnamed Trib �_] Both ] 0.009 to Cape Fear River (acres) 2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact 0.060 0.022 2g. Total Wetland Impact 0.082 2h. Comments: The project areas were cleared of trees to comply with the USFWS Northern long-eared bat clearing restrictions (i.e. cleared prior to the June 1- August 31 restriction). Therefore, the columns for "Forested" above are checked "no." The delineated areas were: Seep B = 0.062; Seep B temporary crossing = 0.465; Seep C = 0.064; and Seep D - 0.105. 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* i length* S1 See A Stream P Permanent Other See A Unnamed Trib of P Perennial Both 8 50 Cape Fear River Average (feet) (lir�rfeet) S2 Seep B Stream Permanent Other See B Unnamed Trib to P Perennial Both 5 50 Cape Fear River Average (feet) (linearfeet) S3 See C Stream P Permanent Other See C Unnamed Trib to P Perennial Both 5 50 Cape Fear River Average (feet) (lines fe&) S4 See D Stream P Permanent Other See D Unnamed Trib to P Perennial Both 8 50 Cape Fear River Average (feet) (lirrfeet) 31. Total jurisdictional ditch impact in square feet: 31. Total permanent stream impacts: 200 31. Total stream and ditch impacts: 200 31. Total temporary stream impacts: 3j. Comments: The impacts are listed as permanent, however when a larger PFAS treatment approach is developed, the instream flow -through cell gabbions will be removed. All of the streams/seeps are small perennial streams that are fed by groundwater, conveyances for stormwater, and are subject to backwater overflow Flooding from the Cape Fear River. One ephemeral channel (a small excavated ditch) is discussed in the WOTUS Report. It would be part of a wetland, and it would not be regulated as a stream. 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: The flow -through cell locations were purposefully positioned to be in narrow sections of the streams, and they were intentionally located in areas to avoid/minimize direct impacts to fringe wetlands. Also the position of the access road to Seep B equipment site avoids a permanent stream and minimizes the impact to the Seep B Temporary Crossing Wetland. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Wetlands will be on all project plans and flagged in the field. 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: The overall impacts to WOTUS are very small (0.082 acres of wetlands and 200 feet of stream), and the project is a net benefit to water quality by reducing PFAS to the Cape Fear River. 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: The impacts will be minimal. 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: The NPDES plan and subsequent Stormwater Pollution Prevention Plan (SWPPP) is being developed for the project. 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?" r Yes r 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 21-1.1300), 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 f• No 3b. If you answered "no," provide a short narrative description. The flow -through cell phase of the project is an interim step in the larger PFAS groundwater treatment strategy for Chemours. 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 5e. Is this a DOT project located within Division's 1-8? r Yes r No 5f. Will you cut any trees 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 C Unknown 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? The trees near the flow -through cells were cleared in the winter/early spring of 2020 to comply with the NLEB restrictions of clearing during the pup season. Therefore, question 5f is answered "no," because the trees have already been cleared. Consultation Documentation Upload Chemours INC Official Resource List.pdf 249.55KB 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?* Based on field surveys and observations, the four seeps/streams do not contain fish, and the sand substrate provide very marginal macroinvertebrate habitat. 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 February2019, and the SHPO records were reviewed February 21, 2019. The draft SHPO package and cover letter is attached. 7c. Historic or Prehistoric Information Upload Chemours Stream Flow -through Cell Project NC SHPO Cover Letter 06-02-2020 draft.pdf 336.78KB Chemours Stream Flow -through Cell Project NC SHPO Packet 6 2 20.pdf 9.62MB 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year flood plain?* G 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 Under Section 5 above, the WOTUS Report and supporting appendices have been uploaded. 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 Chemours permit flow -through cell QUANTITIES FOR PERMfT.pdf 58.14KB U Signature U * 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, SPWS Signature Date 6/3/2020