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HomeMy WebLinkAbout20110104 Ver 1_401 Application_201101116;(anil" IeW4 DEPARTMENT OF PUBLIC UTILITIES POST OFFICE BOX 2263 20 1 10 10+ SMITHFIELD, N.C. 27577 (919) 989-5075 January 24, 2011 USACE Raleigh Regulatory Field Office Attn: Thomas Brown 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 N.C. Division of Water Quality 401 Wetlands Unit Attn: Ian McMillan 1650 Mail Service Center Raleigh, NC 1699-1650 1, 7 D ----?__ U T DEN Wetland . tNg7F? QU,a,? TY ---- 8 Sty ._ Re: 401/404 Permitting Industrial Park Drive Sanitary Sewer and Force Main Improvements Dear Mr. Brown and Mr. McMillan Johnston County is proposing to construct an 8" force main and 10" gravity line to improve the existing sanitary sewer system that serves the Pine Level township. The existing sanitary sewer system overflows low lying manholes during heavy rainfall events. Stormwater is infiltrating the aged sanitary sewer system in Pine Level, and the existing Johnston County maintained sewer lines are undersized to handle this excessive volume. There are wetland impacts for the proposed project. Wetland Impact Area `A' are temporary impacts to install the underground 10" sewer line to an already cleared and maintained utility easement. Wetland Impact Area `B' will be permanently impacted by clearing and grading activities for the utility corridor. Since this project is a utility installation project, there will be no filling activities in the impacted wetlands. Enclosed you will find a complete Pre-Construction Notification, copies of the project plans, and zoomed in plans showing each jurisdictional impact site. The submittal package to the USACE also contains the Wetland Delineation Data Forms for each of the impact sites. Printed on recycled paper co AVOIDANCE AND MINIMIZATION Avoidance: The existing 8" sewer line runs north along Industrial Drive and turns northwest along US Highway 70 and then southwest along the CSX Railroad right-of-way. Johnston County considered installing the proposed 10" line along the existing 8" line route. Since the 8" line will still be in service, there were too many construction constraints at the corner of Highway 70 and Industrial Drive. The location of the gas station and hotel at the corner of Highway 70 and Industrial Drive has eliminated the additional space necessary for an easement to install the 10" line next to the existing 8" line. Also existing utilities along Highway 70 leave no additional room along the ROW for the proposed 10" line. The proposed route was selected because it provided the minimum slope necessary for the 10" gravity line. In order to obtain easements, the line is centered along a property boundary and then travels parallel to the US 70 Highway Bypass right-of-way. Since the US 70 Highway Bypass is a restricted access highway, NCDOT does not allow new utility installation within the road ROW. Minimization: Where jurisdictional impacts could not be avoided, the county will implement construction practices that minimize impacts. Grubbing will be restricted only to the amount of width required to install the sewer line. After the line is installed, the area will be returned to pre-existing grade. There will be no gravel, asphalt, or other impervious materials, with the exception of manhole covers, placed in the proposed corridor. Through the wetland impact area, the proposed route travels along the US 70 Highway Bypass right-of-way in order to minimize disturbance of wetlands further away from existing disturbed areas. CUMALATIVE IMPACT ANALYSIS Since the purpose of the proposed project is to eliminate the sewage overflows of the existing sewer line, no cumulative impact analysis is required. ENDANGERED SPECIES AND DESIGNATED CRITICAL AREAS The project area is located within a commercial and industrial area outside of any endangered species habitats or critical areas. Maps from the Natural Heritage Foundation were used to verify any potential impacts. 2 HISTORICAL AND ARCHEOLOGICAL RESOURCES Based on maps from the National Register of Historic Places, there are no historic locations within vicinity of the proposed project. The proposed project is located in an area with existing commercial and industrial uses surrounding the project location. The project also parallels existing disturbances as well as portions being located within existing utility easements. Furthermore, there are no known archeological resources located within the vicinity of the project area. If you have questions or need additional information, please contact Jamie Guerrero at (919) 938-4717 or via email at Jamie.guerrero(ajohnstonnc.com. Sincerely, 'z 9-? Jamie Guerrero, PE Stormwater Administrator 3 \o?()F W A A r?RQG O `iii? -c Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre-Construction Notification PC Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: ®Section 404 Permit ? Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 12 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? ® Yes ? No 1d. 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 le. 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 If. 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: Industrial Park Drive Sanitary Sewer 2b. County: Johnston 2c. Nearest municipality / town: Smithfield 2d. Subdivision name: N/A 2e. p oDO noonly, T.I.P. or state N/A D ?? rM n [S ii 11::!! 3. Owner Information N 3a. Name(s) on Recorded Deed: Johnston County Public Utilities 3b. Deed Book and Page No. N/A DENR - WATER QUAUTY 3c. Responsible Party (for LLC if applicable): Timothy G. Broome, PE 3d. Street address: P.O. Box 2263 3e. City, state, zip: Smithfield, NC 27577 3f. Telephone no.: (919) 209-8333 3g. Fax no.: (919) 934-7174 3h. Email address: tim.broome@johnstonnc.com Page 1 of 11 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 (if applicable): 4d. Street address: 4e. City, state, zips 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Jamie Guerrero, PE 5b. Business name (if applicable): Johnston County Public Utilities 5c. Street address: P.O. Box 2263 5d. City, state, zip: Smithfield, NC 27577 5e. Telephone no.: (919) 938-4717 5f. Fax no.: (919) 934-7174 5g. Email address: jamie.guerrero@johnstonnc.com Page 2 of 11 PCN Form - Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1 a. Property identification no. (tax PIN or parcel ID): 260412-85-8481 1 b. Site coordinates (in decimal degrees): Latitude: 35.5229 Longitude: - -78.2989 (DD.DDDDDD) (-DD.DDDDDD) 1 c. Property size: 1.89 total disturbance acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Buffalo Creek proposed project: 2b. Water Quality Classification of nearest receiving water: C; NSW 2c. River basin: Neuse 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 sewer and force main improvements will be on undeveloped property within the Selma commercial/industrial area off of Hwy 70. The project area is bounded by Industrial Drive, US Hwy 70 E Business, US 70 Hwy, and CSX Railroad right- of-way. 3b. List the total estimated acreage of all existing wetlands on the property: Approimately 3 acres based on GIS estimate. The wetland boundaries were only marked for areas with 50 feet on either side of the sewer line route. 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 0 3d. Explain the purpose of the proposed project: This project is to provide sanitary sewer improvements to an existing line that has frequent spills from overtopping manholes due to stormwater infilitration and high head pressures. The proposed improvements will be a larger diameter pipe to reduce head pressures to prevent spillage out of existing manholes. 3e. Describe the overall project in detail, including the type of equipment to be used: The project will consist of acquiring a 30 ft. utility easement from the project origin to the end point and using heavy construction equipment to bury and cover the line. A large portion of the route (Plan Sheet Cl) parallels the right-of-way for Hwy 70. The remaining portion will travel along an existing property line. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ? Yes ®No ? Unknown project (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type ? Preliminary ? Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Name (if known): Jamie Guerrero, PE Other: Johnston County Public Utilities 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 ? Yes ® No ? Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. Page 3 of 11 PCN Form - Version 1.3 December 10, 2008 Version 6. Future Project Plans 6a. Is this a phased project? ? Yes ® No 6b. If yes, explain. Page 4 of 11 PCN Form - Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 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 Installation of ? Yes ® Corps 0.062 underground pipe ® No ? DWQ Clearing/grubbing ® Yes ® Corps W2 ®P ? T installation of ? No ?DWQ 0.25 undergorund pipe 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 0.312 2h. Comments: Wetland Impact W1 (Area 'A' on plans) is within a cleared and maintained power line easement. No grubbing or clearing activites are required. New impacts are for Wetland Impact W2 (Area 'B' on plans) which is currently forested. A 30' easement will permanently cleared and maintained. 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 - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ - non-404, width (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 0.00 3i. Comments: No stream impacts. Page 5 of 11 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 Temporary 01 ?P?T 02 ?P?T 03 ?P?T 04 ?P?T 4f. Total open water impacts 0.00 4g. Comments: No open water impacts 5. Pond or Lake Construction If and or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5E Total 5g. Comments: No pond or lake construction 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 DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If an impacts require mitigation, 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 - Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary T impact required? ?Yes B1 ?P?T ? No ?Yes B2 ?P?T ? No ?Yes B3 ?P?T ? No 6h. Total buffer impacts 0.00 0.00 6i. Comments: No buffer impacts. Page 6 of 11 PCN Form -Version 1.3 December 10, 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. See attached cover letter 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. See attached cover letter 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 El 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 7 of 11 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 8 of 11 PCN Form - Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. 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 diffuse flow plan included? If no, explain why. ? Yes ®No Comments: N/A 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 0% 2b. Does this project require a Stormwater Management Plan? ? Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: The installation of a buried sewer line creates no impervious area. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: ? 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 ? USMP apply (check all that apply): ? 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 ? HQW 4a. Which of the following state-implemented stormwater management programs apply ? 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 9 of 11 PCN Form - Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ® Yes ? No use of public (federal/state) 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 ? Yes ? No letter.) Comments: 2. Violations (DWQ 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 (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No additional development, which could impact nearby downstream water quality? 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 proposed sanitary sewer improvements are to eliminate spills from overtopping of manholes on the existing sewer line. This project is an upgrade to an exisitng sewer line serving the Pine Level township. 4. Sewage Disposal (DWQ 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. N/A Page 10 of 11 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 ? Yes ® No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes ® No impacts? ? Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ? Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Natural Heritage Element Occurances. 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? 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 ? Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? National Register of Historic Places 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: 8c. What source(s) did you use to make the floodplain determination? 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