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HomeMy WebLinkAbout20100038 Ver 1_More Info Received_20100202ms consultants, inc. engineers, architects, planners 500 Jackson Street Roanoke Rapids, NC 27870-2602 Phone: (252) 519-2135 Fax: (252) 519-2137 www.msconsultants.com January 27, 2010 NC DENR - DWQ Wetlands and Stormwater Branch 401 Oversight/Express Permitting Unit 1650 Mail Service Center Raleigh, North Carolina 27699-1650 i g1=.iryy- i. ? pAL I p ? `;L / Ii ccg ? 20'.0 DENR .'WATER ()UALITY VJFTLANDS ANO STOft 'YtATERB Reference: Albemarle Electric Membership Corporation: PCN for wetlands impacts Town of Winfall, Perquimans County, North Carolina Ms. Karoly: In response to your letter dated January 15, please find enclosed the requested information and re- submittal of the $240 fee for the AEMC project in Winfall, NC. The "Additional Information Requested" is included below for reference: "PCN failed to reflect any recorded impact on pages 4 and/or S. Due to the lack of impacts, check #042068 for $240 is being returned until cumulative impacts are received and verified. Please supply one (1) original and four (4) copies. " If you have any questions during your review, or if you require any additional information, please contact me at your earliest convenience. Sincerely, ms consultants, inc. w n. Nicholas S. Rightmyer, Project Engineer Offices in: Ohio, Pennsylvania, Indiana, West Virginia, North Carolina, and Florida OF wriF9 o? Qc Office Use Only: Corps action ID no. i ° 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 1 b. Specify Nationwide Permit (NWP) number: 14 or General Permit (GP) number: 1c. 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 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No 2. Project Information 2a. Name of project: Albemarle Electric Membership Corporation 2b. County: Perquimans p 2c. Nearest municipality / town: Winfall jut 2d. Subdivision name: n/a F cB SO 2010 2e. NCDOT only, T.I.P. or state project no: DENR - WATER QUALITY 3. Owner Information 3a. Name(s) on Recorded Deed: Albemarle Electric Membership Corporation 3b. Deed Book and Page No. DB 359, P 802 3c. Responsible Party (for LLC if applicable): 3d. Street address: 159 Creek Drive 3e. City, state, zip: Hertford, NC 27944 3f. Telephone no.: 252-426-5735 3g. Fax no.: 252-426-8270 3h. Email address: info@albemarle.ncemcs.com Page 1 of 10 PCN Form - Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ? Agent ? Other, specify: 4b. Name: 4c. Business name (f applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: William W. Dreitzler, P.E. 5b. Business name (if applicable): ms consultants, inc 5c. Street address: 500 Jackson Street 5d. City, state, zip: Roanoke Rapids, NC 27870 5e. Telephone no.: 252-519-2135 5f. Fax no.: 252-519-2137 5g. Email address: bdreitzler@msconsultants.com Page 2 of 10 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): 7950-11-8841 1 b. Site coordinates (in decimal degrees): Latitude: 36.2009 Longitude: - 76.4508 (DD.DDDDDD) (-DD.DDDDDD) 1 c. Property size: 36.54 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to proposed project: Perquimans River 2b. Water Quality Classification of nearest receiving water: SC 2c. River basin: Pasquotank 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: The site is currently wooded and surrounded by light residential development and farmland 3b. List the total estimated acreage of all existing wetlands on the property: 0.73 Acres 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: n/a 3d. Explain the purpose of the proposed project: Construction of a new office, warehouse, and yard area for AEMC operations 3e. Describe the overall project in detail, including the type of equipment to be used: The impacts will be the result of construction of the proposed roadway, which will be constructed using typical methods and equipment. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? Comments: ? Yes ? No ? Unknown 4b. If the Corps made the jurisdictional determination, what type of determination was made? ? Preliminary ? Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: 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 this project (including all prior phases) in the past? Y ? es ? No ®Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ® Yes ? No 6b. If yes, explain. The remaining acreage may be used for future developments. No additional impacts are expected. Page 3 of 10 PCN Form - Version 1.3 December 10, 2008 Version C. Proposed Impacts Inve 1. Impacts Summary 1 a. 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 Fill ® Yes ? Corps 02 ? No ? DWQ W2 ® P ? T Fill ® Yes ? Corps 06 ? No ? DWQ W3 ? P ? T ? Yes ? Corps ? No ? DWQ W4 ? P ? T ? Yes ? Corps ? No ? DWQ W5 ? P ? T ? Yes ? Corps ? No ? DWQ W6 ? P ? T ? Yes ? Corps ? No ? DWQ 2g. Total wetland impacts 08 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 - Permanent (P) or (PER) or intermittent (Corps - 404, 10 DWQ - non-404 stream width length (linear Temporary (T) (INT)? , other) (feet) feet) S1 ? P ? T ? PER ? Corps ? 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 3i. Comments: Page 4 of 10 PCN Form - Version 1.3 December 10, 2008 Version 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 Temoorarv (T1 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. Pond ID Proposed use or purpose Wetland Impacts (acres) Stream Impacts (feet) Upland number (acres) 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 DWO) If project will impact a protected riparian buffer, then complete the chart below . If yes, then individual ly list all buffer impacts below. If an impacts require mitigatio n, then you MUST fill out Section D of this form. 6a. ? Neuse ? Tar-Pamlico ? Other: Project is in which protected basin? ? Catawba ? Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number - Permanent (P) or Reason for Stream name Buffer mitigation Zone 1 impact (square feet) Zone 2 impact (square feet) Temporary T impact required? B1 ?P?T ?Yes ? No B2 ?P?T ?Yes No ? B3 ?P?T ?Yes ? No 6h. Total buffer impacts 6i. Comments: Page 5 of 10 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. Impacts were minimized by locating the crossings as far upstream and parallel to the channel as practical 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Typical roadway construction techniques will be utilized, including temporary erosion control during construction 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? ? Yes ® No 2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps 2c. If yes, which mitigation option will be used for this project? ? Mitigation bank ? Payment to in-lieu fee program ? 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 ?cold 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 6 of 10 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 7 of 10 PCN Form - Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan la. 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 diff use flow plan included? If no, explain why. Comments: ? Yes ? No 2. Stormwater Management Plan 2a. What is the overall percent imperiousness of this project? 22% 2b. Does this project require a Stormwater Management Plan? ® Yes ? No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: The plan will utilize one large wet detention pond, and one bioretention basin designed to NCDENR requirements. ? 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 apply (check all that apply): ? USMP ? 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 4a. Which of the following state-implemented stormwater management programs apply El HQW ? ORW (check all that apply): ? Session Law 2006-246 ? Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ? Yes ® No 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 8 of 10 PCN Form - Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWO Requirement) 1 a. Does the project involve an expenditure of public (federaUstate/local) funds or the f ? Yes No use o public (federaUstate) 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 (DWO 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 (DWO Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Y additional development, which could impact nearby downstream water quality? es No 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. The possible future development for this site is not expected to result in additional impacts 4. Sewage Disposal (DWO 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. Sewer lines will be connected to the existing Winfall sewer system. Page 9 of 10 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 h bi ? ? Yes ®N a tat o 5b. Have you checked with the USFWS concerning Endangered Species Act i ? ? Yes ®N mpacts o 5c. If yes, indicate the USFWS Field Office you have contacted ? Raleigh . ? Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? www.saw.usace.army.mil/wetlands/esa (Hertford Quad map returned 4 elements, none with a federal status) 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? http://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 status (e.g., National Historic Trust designation or properties significant in ? Yes No North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? www.hpo.dcr.state.nc.us 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: No construction proposed in floodplains 8c. What source(s) did you use to make the floodplain determination? Perquimans County FIRM - Map # 3720795000) Bradley V. Furr E i V xecut ve .P. & General Manager Applicant/Agent's Printed Name Applicant/ ent's Signature (Agent's signature is valid only if an authorization letter from the applicant Date is provided.) Page 10 of 10 PCN Form - Version 1.3 December 10, 2008 Version