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HomeMy WebLinkAbout20120729 Ver 1_401 Application_20120712WT THE WOOTEN COMPANY ENGINEERING P L A N N I N G ARCHITECTURE 120 North Boylan Avenue Raleigh NC 27603 1423 919 828 0531 fax 919 834 3589 201 2072 9 July 27 2012 NC DWQ 401 /Wetlands Unit 1650 Mail Service Center Raleigh NC 27699 1650 Re Buffer Authorization Industrial Park Pump Station City of Kinston North Carolina TWC No 2208 CR To Whom It May Concern Oh behalf of the City of Kinston we are sending you the following documents for you review and approval for a Buffer Authorization only for the above referenced project • PCN Form (5 copies) • Buffer Determination (5 copies) • USGS Project Location Map (5 copies) • Construction drawings (2 full size copies 3 11 x17 copies) If you should have any questions or need additional information, please do not hesitate to contact us Sincerely The Wooten Company Cryst,L Pe on P E Enclosures As Stated o F:R p JUL 0 2012 E DENR WATER DUALITY C Steve Miller City of Kinston (w /out enclosures) 4 20120729 Office Use Only Corps action ID no DWQ project no Form Version 1 3 Dec 10 2008 Page 1 of 12 PCN Form — Version 1 3 December 10 2008 Version 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 lb Specify Nationwide Permit (NWP) number 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) [:1401 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 1g Is the project located in any of NC s twenty coastal counties If yes answer 1h 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 Industrial Park Pump Station 2b County Lenoir 2c Nearest municipality / town City of Kinston 2d Subdivision name Lenoir County Industrial Park 2e NCDOT only T I P or state project no 3 Owner Information ILM 3a Name(s) on Recorded Deed City of Kinston 3b Deed Book and Page No N/A 3c Responsible Party (for LLC if applicable) N/A �e�a►►da & Alt w �Ty 3d Street address 207 E King Street 3e City state zip Kinston NC 28502 3f Telephone no (252)939 3110 3g Fax no (252)939 3388 3h Email address tony sears @ci kmston nc us Page 1 of 12 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 Crystal L Penton P E 5b Business name (if applicable) an The Wooten Company p y 5c Street address 120 N Boylan Ave 5d City state zip Raleigh NC 27603 5e Telephone no (919)828 0531 5f Fax no (919)834 3589 5g Email address cpenton @thewootencompany com Page 2 of 12 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) 4505 06 3504(Pump Station Site) the remainder of the project is a linear project 1 b Site coordinates (in decimal degrees) Latitude 35 273033 Longitude 7765991 (DD DDDDDD) ( DD DDDDDD) 1c Property size 0 52 acres at the pump station site approximately 15 5 acres disturbed along linear portion 2 Surface Waters 2a Name of nearest body of water (stream river etc ) to proposed project Neuse River 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 proposed pump station is to be located on a portion of an undeveloped site that is currently zoned for industrial use within the Lenoir County Industrial Park The force main and gravity sewer that is to be installed in conjunction with the pump station runs through undevleoped properties in the industrial park residential areas and commercial areas within the City of Kinston 3b List the total estimated acreage of all existing wetlands on the property 0 00 acres 3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property 0 00 acres 3d Explain the purpose of the proposed project The proposed pump station force main and gravity sewer are being constructed to serve the Lenoir County Industrial park that is located in the City of Kinston 3e Describe the overall project in detail including the type of equipment to be used Construction of a 1 090 gpm pump station 18 570 LF of 14 inch force main 1 476 LF of gravity sewer and 2 200 LF of 4 inch force main 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? ® Yes ❑ No ❑ Unknown Comments 4b If the Corps made the jurisdictional determination what type of determination was made? ❑ Preliminary ❑ Final 4c If yes who delineated the jurisdictional areas? Agency /Consultant Company DWQ 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 this project (including all prior phases) in the past? El Yes No Unknown 5b If yes explain in detail according to help file instructions Page 3 of 12 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 The pump station is designed to be expanded to 1500 gpm in the future Page 4 of 12 PCN Form — Version 1 3 December 10 2008 Version C Proposed Impacts Inventory 1 Impacts Summary la 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 ❑ Yes ❑ Corps ❑ 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 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 (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 [:1 PER ❑ Corps ❑ INT ❑ DWQ S5 ❑ P ❑ T F] PER E:1 Corps ❑ INT ❑ DWQ 3h Total stream and tributary impacts 150 feet 31 Comments Three stream crossings are to be made by trenchless methods (directional drilling) The directionally drilled crossings do not result in an impact and have therefore been excluded from the table above All other streams as indicated on USGS and soils maps were designated as blue line streams per the DWQ stream determination Page 5 of 12 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 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 []PEI T 03 ❑P ❑T 04 ❑P ❑T 4f Total open water impacts 4g Comments 5 Pond or Lake Construction If pond or lake construction proposed then com lete the chart below 5a Pond ID number 5b Proposed use or purpose of pond 5c Wetland Impacts (acres) 5d Stream Impacts (feet) 5e Upland (acres) 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 51 Expected pond surface area (acres) 5j Size of pond watershed (acres) 5k Method of construction Page 6 of 12 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 for Buffer Zone 1 impact Zone 2 impact Permanent (P) impact Stream name mitigation (square feet) (square feet) or Temporary required? T 61 ® P [--IT Maintenance Corridor UT of Falling Creek ®Nos 300 200 Trenching ❑ Yes B1 ❑ P ®T for sewer UT of Falling Creek ® No 900 600 force main B2 ®P ❑ T Maintenance Corridor UT of Falling Creek ®Nos 300 200 Trenching ❑ Yes B2 ❑ P ®T for sewer UT of Falling Creek ® No 900 600 force main B3 ®P ❑ T Maintenance Corridor UT of Falling Creek ® Nos 300 200 Trenching ❑ Yes B3 ❑ P ®T for sewer UT of Falling Creek ® No 900 600 force main B4 ® P [:IT Maintenance Corridor UT of Falling Creek ® Nos 300 200 B5 ®P ❑ T Maintenance Corridor UT of Neuse River ® Yes s 300 200 Trenching ❑ Yes B5 ❑ P ®T for sewer UT of Neuse River ® No 900 600 force main B6 ® P [:IT Maintenance Corridor UT of Neuse River ®Nos 300 200 Trenching ❑ Yes B6 ❑ P ®T for sewer UT of Neuse River ® No 900 600 force main B7 ❑ P ❑ T Maintenance Corridor UT of Neuse River ® Yes s 300 200 B8 ❑ P ❑ T Maintenance Corridor UT of Neuse River ®Nos 300 200 6h Total buffer impacts 6 900 4 600 61 Comments Buffered stream crossings B4 B7 and B8 are to be installed by horizontally directional drilling The proposed force main parallels a blue line ditch shown on the soils map adjacent to Farm Rd /Wooten Dr The force main in this area is located within the existing road right of way Per Buffer Interpretation /Clarification #2007 010 issued on July 24 2007 buffer protection rules do not apply when there are existing uses that are present and ongoing Therefore the force main in this portion of the right of way was not considered to be a buffer impact and was not included in the table above D Impact Justification and Mitigation 1 Avoidance and Minimization 1a Specifically describe measures taken to avoid or minimize the proposed impacts in designing project All streams to be impacted are perennial streams No wetlands are to be impacted due to this project Stream crossings that are to be constructed by open cutting are less than 40 LF and are to be made perpendicular to the buffered stream Where it Page 7 of 12 PCN Form — Version 1 3 December 10 2008 Version is not possible to make a perpendicular crossing or where open cutting is not feasible the stream crossing shall be constructed by directionally drilling to avoid impacts to streams 1 b Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques Proper erosion control measures will be utilized including silt fence rock check dams silt fence outlets construction entrances and tree protection fencing Upon completion of construction through the corridor the easement will be seeded 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 Pian 5a If using a permittee responsible mitigation plan provide a description of the proposed mitigation plan Page 8 of 12 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 All buffer impacts are exempt and therefore do not require mitigation Page 9 of 12 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? lb If yes then is a diffuse flow plan included? If no explain why Comments The only impervious areas associated with the project are located at the ❑ Yes ® No pump station site and these areas are incidental Erosion control devices will be used as necessary during construction 2 Stormwater Management Plan 2a What is the overall percent imperviousness of this project? % 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 only impervious areas associated with the project are located at the pump station site and these areas are incidental The erosion and sedimentation control permit will be the only stormwater discharge permit required 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*7 ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3 Certified Local Government Stormwater Review N/A 3a In which local governments 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 N/A ❑ 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 N/A 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 10 of 12 PCN Form — Version 1 3 December 10 2008 Version F Supplementary Information 1 Environmental Documentation (DWQ Requirement) 1a 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)? 1c 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 (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 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 The proposed pump station will discharge into the Neuse River Outfall a gravity sewer line which runs to the Pollock St Lift Station Wastewater flow then makes its way through the City of Kinston s collection system to the Kinston Regional Water Reclamation Facility There is sufficient capacity downstream of the project to construct the project as proposed Page 11 of 12 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? Lenoir County Endangered Species Threatened Species and Federal Species of Concern 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? Lenoir County Endangered Species Threatened Species and Federal Species of Concern 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 Historical 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 The pump station is outside the 100 yr floodplain Portions of the force main run through the 100 year floodplain However all piping is to be located underground 8c What source(s) did you use to make the floodplain determination? www ncfloodmapping com /O N Applicant/Agent s Printed Name Date A licant/Agent s Signature (Agents signature is valid only if an authorization letter from the applicant is provided Page 12 of 12 PCN Form — Version 1 3 December 10 2008 Version A*XX rCDtf North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild Dee Freeman Governor Director Secretary July 17 2012 DWQ Project # 12 0623 Lenoir County City of Kinston Public Services Attn Steve Miller 2360 Hwy 258 S Kinston NC 28504 Subject Property Industrial Park Pump Station Force Main Alignment Neuse River Basin On Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B 0233) Dear Mr Miller On July 16 2012 at your request I conducted an on site determination to review multiple blue line features located along the proposed alignment for a new force main for applicability to the Neuse River Buffer Rules (15A NCAC 2B 0233) The features are labeled as A M on the attached map initialed by me on July 17 2012 The project is located at between Parrott Dickerson Road and Hwy 258 on the west and between Hwy 258 and Hull road on the east During my review I evaluated the stream reaches using the DWQ Stream Classification Form I evaluated the stream reach K and M and calculated the score to be 20 points and 30 points respectively The form states that if the score is greater than or equal to 19 points the stream is at least intermittent The Division of Water Quality (DWQ) has determined that the surface water labeled as K and M' and highlighted in BLUE on the attached map is at least intermittent and is SUBJECT to the Neuse Buffer Rule Features labeled as A I and J L are highlighted in RED and are NOT SUBJECT These features and any associated buffers should be identified on any future plans for this property The owner (or future owners) should notify the DWQ (and other relevant agencies) of this decision in any future correspondences concerning this property This on site determination shall expire five (5) years from the date of this letter Landowners or affected parties that dispute a determination made by the DWQ or Delegated Local Authority that a surface water exists and that it is subject to the buffer rule may request a determination North Carolina Division of Water Quality Intemet www ncwaterquahty org 943 Washington Square Mall Phone 252 946 6481 �TOne Washington NC 27889 FAX 252 946 9215 1� hCarrohna An Equal Opportunity/Affirmative Action Employer— 50/6 Recycled110 h Post Consumer Paper atul al! Page 2 of 2 by the Director A request for a determination by the Director shall be referred to the Director in writing c/o Karen Higgins DWQ, Wetlands Buffers Stormwater Compliance and Permitting Unit (WBSCP) Mail Service Center Raleigh NC 27699 1650 Individuals that dispute a determination by the DWQ or Delegated Local Authority that exempts a surface water from the buffer rule may ask for an adjudicatory hearing You must act within 60 days of the date that you receive this letter Applicants are hereby notified that the 60 day statutory appeal time does not start until the affected party (including downstream and adjacent landowners) is notified of this decision DWQ recommends that the applicant conduct this notification in order to be certain that third party appeals are made in a timely manner To ask for a hearing send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings 6714 Mail Service Center Raleigh N C 27699 6714 This determination is final and binding unless you ask for a hearing within 60 days This letter only addresses the applicability to the buffer rules and does not approve any activity within the buffers Nor does this letter approve any activity within Waters of the United States or Waters of the State If you have any additional questions or require additional information please call Amy Adams at (252) 948 3917 Sincerely Al Ho ge Superviso - Division of Water Quality Surface Water Protection Washington Regional Office Enclosures Stream Call Applicability Maps (topo and soils versions) i t cc DWQ 401 Oversight /Express Unit WaRO File Copy r Crystal Penton The Wooten Company 120 N Boylan Ave Raleigh NC 27604 Filename 12 0623 IndParkForceMain Kinston_Buffer /aa � . >.... .: . ... .� . . . . . I 2 . .. , . ?c m ® . . - } \ a 0 ' 3ricuv+l ;. r V) Ld LMME cli cc s m 11 fo N 96 41 30 AP, �1 • tt a L s - r F z LO t i a k�° r i r ' J _ .� ....J of T r !4. , I l t ,. - t ♦'tt r' t } ^ �{} •. • r•+ 1 t�„t 4. i y �1 t to to E CD CO j7 ♦ _/ r• •lTli. •, • n� m t a 17 No 3