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HomeMy WebLinkAbout20190752 Ver 4_401 Application_20200813DWR 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 - Seep C Flow -through Cell - Pilot Study 1a. Who is the Primary Contact?* Christel E. Compton 1b. Primary Contact Email:* Christel.E.Compton@Chemours.com Date Submitted 8/13/2020 Nearest Body of Water Cape Fear River Basin Cape Fear Water Classification WS-IV Version#* 4 What amout is owed?* IT $240.00 r $570.00 Select Project Reviewer* Chad Turlington:eads\ccturlington 1c. Primary Contact Phone:* (910)678-1213 Site Coordinates Latitude: Longitude: 34.838511-78.824527 FA. rocessing 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? r Nationwide Permit (NWP) r Regional General Permit (RGP) W Standard (IP) 1c. Has the NWP or GP number been verified by the Corps? r Yes C No 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 DWR401 Certification: C Yes r No For the record onlyfor Corps Permit: C Yes r No 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? C 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? C Yes r No 1j. Is the project located in a designated trout watershed? C 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 C 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 tine 2 City Fayetteville Postal / Zip Code 28306-7332 2e. Telephone Number: (910)678-1213 2g. Email Address:* Christel.E.Compton@Chemours.com 3. Applicant Information (if different from owner) 3a. Name: Christel E. Compton 3b. Business Name: The Chemours Company 3c.Address State / Province / Region North Carolina Country USA 2f. Fax Number: u Street Address 22828 NC Highway 87 W Address tine 2 aty Fayetteville Postal / Zip Code 28306-7332 3d. Telephone Number: (910)678-1213 3f. Email Address:* Christel.E.Compton@Cheniours.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* Agent Authorization - signed - Preconstruction Notification Seeps.pdf State / Bovine / Rion North Carolina Country USA 3e. Fax Number: State / Ravine / Rion Missouri Country USA 4e. Fax Number: 210.79KB C. Project Information and Prior Project History O 1. Project Information 1b. Subdivision name: (if 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 Line 2 City Slate / Fovince / Region Fayetteville 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-N 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. 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 land use in the area of the seep discharge is undeveloped woodland, approximately 1,500 feet east of the chemical plant. Chemours is developing four (4) flow -through cell in -stream treatment facilities to treat the water prior to discharge, beginning with a pilot study at Seep C. The proposed Consent Order Addendum currently in negotiation requires the Seep C pilot to be operational (construction complete) by November 16, 2020. To meet this schedule, mobilization for construction is intended no later than October 5, 2020. The remaining three seep flow -through cells will be constructed from February through April 2021. Chemours intends to submit optimized designs for the remaining seeps (A, B, D) by December 31, 2020 after approximately one month of pilot operation. 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 SAW-2019-00206 NWP 38 Old Ouffall 002.pdf Chemours Water Flow Monitoring V2.docxpdf 1.63 MB 736KB 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. The proposed interim remedy for the seeps (flow -through cells) will construct in -stream filter beds to remove PFAS from the seeps prior to discharge to the river. An earthen dam will impound water (approximately 6 feet in total height) to provide hydraulic head to allow for treatment with granular activated carbon (GAC) filter beds. Impounded water will flowthrough an inlet weir into a series of concrete basins to hydraulically control surface flow over vertically oriented GAC beds. Water will flowvia gravity drainage through the GAC beds and PFAS compounds will sorb to the media. Effluent water will collect in a stilling basin, where it will then discharge back into the existing seep channel. The in - stream structures will be placed generally about 200 feet upland from the confluence with the River. Influent and effluent samples will be collected to monitor the PFAS removal efficiency. GAC media will be periodically replaced. The flow -through cell at Seep C is being designed and constructed as a pilot study, and results from its operation will inform the design, optimization, and installation of Flow -through cells at the remaining seeps. Design of the flow -through cells at Seeps A, B, and D, are anticipated to be completed by the end of 2020. ft is anticipated that the flow -through cells will operate for approximately two to three years, at which point a long-term remedy for seeps and groundwater will be constructed. This long-term remedy is anticipated to withdraw sufficient groundwater via pumping wells such that the seep baseflowto the four flow -through cells is reduced, and the flow -through cells can be taken out of service. 4i. 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. An earthern dam will impound water (approximately 6 feet in total height) to provide hydraulic head to allow for treatment with granular activated carbon (GAC) filter beds. Impounded water will flow through an inlet weir into a series of concrete basins to hydraulically control surface flowover vertically oriented GAC beds. Water will flowvia gravity drainage through the GAC beds and PFAS compounds will sorb to the media. Effluent water Will collect in a stilling basin, where it will then discharge into the existing seep channel. Influent and effluent samples will be collected to monitor the PFAS removal efficiency. GAC media will be periodically replaced. Construction equipment required to build the earthen dam and concrete basins will primarily consist of excavators and loaders. Fill will generally consist of soil and rip rap. Due to the construction requirements of the filter beds, it is anticipated that forms will be built onsite for pouring concrete in the field. Precast materials are being evaluated but are not anticipated to meet the requirements of the project. 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 f No Comments: A WOTUS report was prepared for the May 18-19, 2020 field survey and was revised with additional information following the June 16, 2020 field survey. 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 r Unknown Corps AID Number: 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 Chemours flow -through cells stream photos - Revised Seep A with data sheets.pdf Chemours flow -through cells wetland photos - Revised Seep A with data sheets.pdf Appendix B Chemours flow -through cells wetland photos and data sheets - reduced size 08112020.pdf Appendix C Chemours flow -through cells stream data sheets and photos - reduced size 08112020.pdf 2020-08-12 RPT Chemours WOTUS Flow -through Cells, Seep C Pilot Study, Seep A Revisions Draft V1.pdf Wetland -Stream Impacts Calcs.pdf 6. Future Project Plans 6a. Is this a phased project?* r Yes r No 6.67MB 7.06MB 6.95MB 7.73MB 3.1 MB 53.35KB 7b. If yes, explain. The Flow -through cell at Seep C is being designed and constructed as a pilot study, and results from its operation will inform the design, optimization, and installation of Flow -through cells at the remaining seeps. Design of the flow -through cells at Seeps A, B, and D, are anticipated to be completed by the end of 2020, and will be provided as a modification to this permit submittal when complete. it is anticipated that the flow -through cells will operate for approAmately two to three years, at which point a long-term remedy for seeps and groundwater will be constructed. This long- term remedy is anticipated to withdraw sufficient groundwater via pumping wells such that the seep baseflow to the four flow -through cells is reduced, and the flow -through cells can be taken out of service. 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 long-term remedy to treat groundwater and seeps is in development and anticipated to be operational by March 2023. This remedy Wil involve the sufficient withdraw of groundwater about 400-600 feet upland of the Cape Fear River to prevent seepage of groundwater, and thereby reduce baseflowto the flow through cells at A through D. It is not anticipated that this groundwater extraction project component will be jurisdictional. D. Proposed Impacts Inventory C^U 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): W Wetlands W Streams -tributaries G Buffers r Open Waters r Pond Construction 2. Wetland Impacts 2a. Site #* (?) ��2al Reason (?) 2b. Impact type * (?) 2c. Type of W.* 2d. W. name * �2e.Forested* �21`.Typeof 2g. Impact Jurisdicition*(?) area* Seep C Fringe Flow -through Cell P Seep Seep C unnamed No Both 0.160 tributary to Cape Fear (acres) River 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.160 2g. Total Permanent Wetland Impact 0.160 2h. Comments: Wetland impacts include pilot study flow -through cell structure and impoundment that will be created. 3. Stream Impacts 3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* �3�name* ��3e* Stream Type-*-]3f. Type of 3g. S. width * 3h. Impact (?) Jurisdiction* length* See C Stream Permanent Other See C unnamed tributary to Perennial Both 5 120 S1 P P ry the Cape Fear River Average (feet) (liriearfeet) 31. Total jurisdictional ditch impact in square feet: 0 31. Total permanent stream impacts: 120 31. Total temporary stream impacts: 31. Total stream and ditch impacts: 120 3j. Comments: Width of concrete filter beds: 16 feet Width from spillway to maintenance platform (i.e., emplaced fill material): 110 feet Length of concrete filter beds: 27 feet Length of the toe of each rip rap slope on either end (i.e., emplaced fill material): 70 feet Length of normal pool impoundment to downstream rip rap slope: 250 feet. Note that the impacts are listed as permanent, however when a larger PFAS treatment approach is developed, the instream flow -through cell 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. E. Impact Justification and Mitigation V 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. 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 for the Seep C pilot test are very small (0.057 acres of wetlands and 70 linear feet of emplaced fill along the streamline), and the project is a net benefit to water quality by reducing PFAS to the Cape Fear River. The cumulative impacts of all of the flow -through cells (i.e. the impacts of cells at Seep A, B, and D) would require compensatory mitigation and this mitigation would be completed as part of the supplemental IP application. 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 very 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 15A NCAC 02H .1003(2)? r Yes r No Comments: The land disturbance permit/plan and subsequent Stormwater Pollution Prevention Plan (SWPPP) is being developed for the project. G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* r Yes r % 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. 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 Nor WA 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 r 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. If additional trees would be cut, it would be outside of the NLEB pup season. Consultation Documentation Upload Chemours IPaC 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 February 2019, 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 08-12-2020 draft.pdf 470.81 KB Chemours Stream Flow -through Cell Project NC SHPO Packet 08-12-2020.pdf 9.82MB 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* r Yes r No 8b. If yes, explain how project meets FEMAre quire ments: Very minor impact. 8c. What source(s) did you use to make the floodplain determination?* FEMA wabsite Miscellaneous U 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 Seep C Interim Remediation System - 08132020.pdf 5.92MB Wetland —Stream Impacts Calcs.pdf 53.35KB Approved Cover Letter - Chemours Individual Permit 08-12-2020.pdf 89.8KB 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 4 Away i5 ��GiS Date 8/13/2020