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HomeMy WebLinkAbout20100790 Ver 1_More Info Received_20110418 6?""J" T"44 DEPARTMENT OF PUBLIC UTILITIES POST OFFICE BOX 2263 SMITHFIELD, N.C. 27577 (919) 989-5075 April 15, 2011 N.C. Division of Water Quality 401 Oversight/Express Review Attn: Ian McMillan 1650 Mail Service Center Raleigh, NC 1699-1650 Re: Revised East Clayton Industrial Area Water Transmission Improvements DWQ Project # 10-0790 Dear Mr. McMillan: Enclosed are the revised plans for the above referenced project. The project was delayed longer than anticipated due to easement negotiations with private landowners. The revised plans have a slight alignment revision for the water main between Station 13+50 through Station 36+00. This revision was implemented at the request of the affected land owner, Clayton East Village CTJ, LLC. This new alignment reduces the wetland impact to 0.025 acres from the originally proposed 0.085 acres. Stream and buffer impacts remain the same. In response to your comments in a letter dated September 28, 2011: 1. Please re-submit your site plans on full plan sheets at a scale of no smaller than I" =50' with topographic contours shown and these plan sheets must be legible. The sent you sent is too dark to review. Enclosed are two full size plan sheets and three 11 x 17". Copies have been lighten where necessary. a. Please locate any planned water lines on the site plan Water line transmission and limits of disturbance area shown on the plans. b. Please indicate all stream impacts including fill slopes, dissipaters, and bank stabilization on the site plan. The two stream impacts are shown on the plans on page C-3 and C-7. The impacts are temporary impacts necessary to install the water line 3" below the stream bed. There are no associated fill slopes or dissipaters. The banks will be returned to original grade and stabilized with permanent vegetation. Printed on recycled paper co c. Please indicate all wetland impacts including fill slopes on the site plan. There is one wetland impact shown on page C-4. This impact is a result of clearing and grubbing necessary to install the water line. The impact area will be returned to original grade, seeded, and stabilized. There will be no permanent fill placed in the wetland area. d. Please enumerate all riparian buffer impacts on the site plan and clearly label impacts (Buffer Impact 1, etc.) Impacts are enumerated and labeled as following: Stream Impact 1 (S-1), Stream Impact 2 (S-2), Wetland Impact 1 (W-1), Buffer Impact 1 (B-1) and Buffer Impact 2 (B-2). e. Please locate all of the protected riparian buffers as overlays on the site plan, clearly showing Zone 1 and Zone 2. Buffers zones are shown. PROJECT SUMMARY The County proposes to construct a 20" water main that will provide water service to the East Clayton Industrial Area. This water main project is necessary in order to provide redundancy to an existing water main that is nearing its maximum predicted lifespan. Eventually the existing water line will be abandoned. Currently, if the existing water line fails, the industrial area in Clayton would be without water service for an extended period of time causing significant economic losses for the local industries. Enclosed you will find a complete Pre-Construction Notification, copies of the project plans, zoomed in plans showing each jurisdictional impact site, and a copy of the approved Categorical Exclusion document. The submittal package to the USACE also contains the Wetland Delineation Data Forms for each of the impact sites. AVOIDANCE AND MINIMIZATION Avoidance: The newest proposed route parallels existing utility easements, railroad right-of-ways, and state road right-of-ways for most of the length. There is a "cross country" portion of the route between Station 13+50 through Station 55+00. This section of the water main has one stream impact with the associated buffer impacts (Impact S-1, B-1), and 1,095 sq. ft. of impact to a marginal headwater wetland (Impact W-1). The other stream/buffer impact occurs at a section of the water main that parallels the existing railroad easement. The impact is located at Station 75+00 ( Impact S-2, B-2). Both stream impacts, S-1 and S-2, will be temporary impacts by the proposed water main. The water main will cross the stream at a perpendicular angle and will be installed 2 3 feet below the stream bed. There will be no permanent fill (i.e. rip-rap) at the crossing. Minimization Where jurisdictional impacts could not be avoided, the county will implement construction practices that minimize impacts. Based on the proposed alignment, the total impacts to wetlands are less than one tenth of an acre. In order to further minimize wetland impacts, the corridor for mechanized clearing and grubbing through wetland areas will be decreased from the typical 30 foot wide corridor to no more than a 20 foot wide corridor. Grubbing will be restricted only to the amount of width required to install the water 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. The impacts to the streams will be minimized by only allowing the construction to occur during low flow conditions. The two intermittent stream crossings are typically dry during the summer and early fall months, which is the predicted time frame for construction of the project. Where flow exists, cofferdams will be placed to isolate and dewater the work area. Once the water main is installed, the impacted stream bed will be returned to natural grade, and the banks will be stabilized and returned to natural grade. If you have questions or need additional information, please contact Jamie Guerrero at (919) 938-4717 or via email at jamie.guerrerokjohnstonnc.com. Sincerely, /wo j?y'_ Jamie Guerrero, PE Stormwater Administrator Cc: Thomas Brown - USACE Raleigh Regulatory Office 3 r 1 L J Office Use Only: Corps action ID no. 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 El Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 12, 33 or General Permit (GP) number: 1 c. 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 In below. ? Yes ® No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No 2. Project Information 2a. Name of project: East Clayton Industrial Area Water Transmission Improvements 2b. County: Johnston 2c. Nearest municipality / town: Clayton 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: N/A 3. Owner Information 3a. Name(s) on Recorded Deed: Johnston County Public Utilities 3b. Deed Book and Page No. N/A 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 I 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, zip: 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 1a. Property identification no. (tax PIN or parcel ID): See Property Table (Table 1) 1 b. Site coordinates (in decimal degrees): Latitude: Longitude: - (DD.DDDDDD) (-DD.DDDDDD) 1 c. Property size: 11.64 total disturbance acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to See Property Table (Table 1) proposed project: 2b. Water Quality Classification of nearest receiving water: See Property Table (Table 1) 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: Most of the project runs parallel to existing utility easements, railroad right-of-way, or state road right-of-ways. A portion of the project is designed to parallel a proposed road for a future development, East Village of Clayton. About half of the length of the water line project is in areas zoned agricultural/residential. The other half of the utility line is in areas zoned industrial along the US 70 corridor. 3b. List the total estimated acreage of all existing wetlands on the property: 0.75 acres of wetlands are within the general corridor of the proposed water line. 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 60 linear ft of streams are within the limits of disturbance for the project. 3d. Explain the purpose of the proposed project: This project is to install a 20" water transmission to augment and eventually replace the aging existing water line serving the area. 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. Portions of the route parallel existing state roads, existing utility easements, and existing railroad where possible. Approximately 800 linear feet the line will travel cross country along a proposed road for a future development and exisiting property lines. 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): 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 ? 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 Mech. Headwater ® Yes ® Corps 0.025 Clearing/Grubbing Wetland ? No ® DWQ W2 ? P ? T ? Yes ? Corps ? 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 0.025 2h. Comments: This impact is located parallel to a proposed road for a future development, East Clayton Village. This development has not yet been permitted for 401/404 impacts, but the developer has obtained preliminary approval from the Town of Clayton for the development. During the easement acquisition process, the developer requested that we move our initial route that parralled and existing utility easement to the right-of-way of the proposed future road. This change decreased the total wetland impacts as compared to the orginail submittal. 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 dewatering/open UT to Neuse River ? PER ® Corps 8 30 channel cut ® INT ® DWQ S2 ? P ® T dewatering/ open UT to Little Creek ? PER ® Corps 4 30 channel cut ® 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 60 3i. Comments: Impacts to the stream are temporary to allow for dewatering and open cut to channel. Stream bed will be Page 5 of 11 PCN Form - Version 1.3 December 10, 2008 Version returned to natural bed elevation following installation. The stream crossing Icoation may be adjusted so that the disturbance does not occur at a bend in the channel. 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. Open water impact number - Permanent (P) or Temporary (T) 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 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 pond or lake construction proposed, then complete the chart below. 5a. Pond ID 5b. Proposed use or purpose 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 K Total 5g. Comments: No pond or lake constructi on 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: Page 6 of 11 PCN Form - Version 1.3 December 10, 2008 Version 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 any 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 re uired? Utility ? Yes B1 ®P ? T line UT to Neuse River ® No 2197 779 crossing utility ? Yes B2 ® P ? T line UT to Little Creek ® No 1800 1200 crossing B3 ?P?T ?Yes ? No 6h. Total buffer impacts 3997 1979 6i. Comments: Buffer impacts are for 30 LF maintenance corridor for two different streams. These impacts are an allowable use. 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 ? Yes ® No impacts to Waters of the U.S. or Waters of the State? 2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps ? Mitigation bank 2c. If yes, which mitigation option will be used for this El Payment to in-lieu fee program project? ? Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity Page 7 of 11 PCN Form - Version 1.3 December 10, 2008 Version 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. 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: Allowable Use 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 F1 No Comments: This project does not create any impervious surface area. 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 i nstallation of a buried water 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 letter.) ® Yes ? No Comments: Categorical Exclusion attached 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 County is constructing this water line in order to augment and eventually replace an older existing water line that is approaching its Iifespan. If the current water line had a break, the entire East Clayton Industrial Park (ex. Talecris, Hospira, etc.) would lose water service. It is also important to note that the County already has a NSW Stormwater Program that limits impervious areas and nutrient exports into the receiving waters. 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? The anaylsis of impacts for Endangered Species or Designated Critical Habitat was included in the Categorical Exclusion document. See attached CE. 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? See attached Categorical Exclusion 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? See attached Categorical Exclusion 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? FIRM maps Applicant/Agent's Printed Name Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 11 of 11 PCN Form - Version 1.3 December 10, 2008 Version