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HomeMy WebLinkAbout20200405 Ver 2_ePCN Application_202111129.1403,, dtrlsiarr of 14Gaer Resources. Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) June 1, 2021 Ver 4.1 Initial Review Has this project met the requirements for acceptance in to the review process?* OO Yes O No Is this project a public transportation project?* 0 Yes 0 No Change only if needed. BIMS (*Assigned* Version# * 20200405 2 Is a payment required for this project?* O No payment required O Fee received (?' Fee needed - send electronic notification Reviewing Office* Mooresville Regional Office - (704) 663-1699 Information for Initial Review What amout is owed?* G $240.00 O $570.00 Select Project Reviewer* Alan Johnson:eads\adjohnsonl la. Name of project: Stowe Regional Water Resource Recovery and Associated Infrastructure Projects la. Who is the Primary Contact?* Benjamin Burdette lb. Primary Contact Email:* benjamin.burdette@hdrinc.com Date Submitted 11/12/2021 Nearest Body of Water Catawba River and Long Creek Basin Catawba Water Classification WS-IV; P and C Site Coordinates Latitude: 35.28193 A. Processing Information Longitude: -81.002598 lc. Primary Contact Phone:* (704)248-3619 County (or Counties) where the project is located: Gaston Mecklenburg Is this a NCDMS Project 0Yes ®No Is this project a public transportation project?* 0Yes ®No Pre -Filing Meeting Information Is this a courtesy copy notification?* 0 Yes ® No ID# Pre -fling Meeting or Request Date Attach documentation of Pre -Filing Meeting Request here: Click the upload button or drag and drop files here to attach document File type must be PDF la. Type(s) of approval sought from the Corps: ❑O Section 404 Permit (wetlands, streams and waters, Clean Water Act) EI Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* O Yes O No Please provide the date of the previous submission.* 3/24/2020 1b. What type(s) of permit(s) do you wish to seek authorization? Nationwide Permit (NWP) O Regional General Permit (RGP) O Standard (IP) 1c. Has the NWP or GP number been verified by the Corps? OYes 0No Nationwide Permit (NWP) Number: Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: O 401 Water Quality Certification - Regular 0 Non-404 Jurisdictional General Permit O Individual 401 Water Quality Certification 12 - Utility Lines 14 - Linear transportation le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: 1f. Is this an after -the -fact permit application?* O Yes O No Version O 401 Water Quality Certification - Express O Riparian Buffer Authorization 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? ®Yes O No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? O Yes O No 1 h. Is the project located in any of NC's twenty coastal counties? O Yes O No 1j. Is the project located in a designated trout watershed? OYes 0No B. Applicant Information 0 Yes 0 No OYes 0No 1d. Who is applying for the permit? 0 Owner i Applicant (other than owner) le. Is there an Agent/Consultant for this project?* OYes ONo 2. Owner Information 2a. Name(s) on recorded deed: Joseph Wilson, POC for Charlotte Water 2b. Deed book and page no.: DB-DP: 28400-380, 38400-386 2c. Contact Person: Charlotte Water 2d. Address Street Address 5100 Brookshire Blvd Address Line 2 City Charlotte Postal / Zip Code 28216 2e. Telephone Number: (704)336-6710 2g. Email Address: * cwilson@charlottenc.gov 3. Applicant Information (if different from owner) 3a. Name: Joseph Wilson, POC for Charlotte Water 3b. Business Name: Charlotte Water 3c. Address Street Address 5100 Brookshire Blvd Address Line 2 City Charlotte Postal / Zip Code 28216 3d. Telephone Number: (704)336-6710 3f. Email Address:* cwilson@charlottenc.gov 4. Agent/Consultant (if applicable) 4a. Name: Benjamin Burdette 4b. Business Name: HDR 4c. Address Street Address 440 S. Church Street Address Line 2 Suite 900 City Charlotte Postal / Zip Code 28202 4d. Telephone Number: (704)338-6710 4f. Email Address: * kelly.thames@hdnnc.com C. Project Information and Prior Project History State / Province / Region NC Country USA 2f. Fax Number: State / Province / Region NC Country USA 3e. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: 1. Project Information 1b. Subdivision name: (if appropriate) lc. Nearest municipality / town: Charlotte 2. Project Identification 2a. Property Identification Number: 05305103 2c. Project Address Street Address Long Creek Pumping Station on Hawfield Road Address Line 2 City Charlotte Postal / Zip Code 28214 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * Catawba River and Long Creek 3b. Water Resources Classification of nearest receiving water: * WS-IV; P and C 3c. What river basin(s) is your project located in?* Catawba 3d. Please provide the 12-digit HUC in which the project is located. 030501011403 and 030501011405 4. Project Description and History 2b. Property size: 367 State / Province / Region NC Country USA 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: * The project area land -use consists of undeveloped forested areas, unmaintained open areas, maintained open areas, the exisiting Long Creek Pump Station, and existing Mt. Holly Water Reclamation Facility (WRF). Land cover within the project area consists of deciduous and mixed forest, previously disturbed areas, low density development, and unmaintained herbaceous areas. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* O Yes 0 No 0 Unknown If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000). DWR # 20-0405 and SAW-2019-01988 4f. List the total estimated acreage of all existing wetlands on the property: 33.68 4g. List the total estimated linear feet of all existing streams on the property: 14856 4h. Explain the purpose of the proposed project: * The purpose of this project is to construct the Stowe RWRRF & Associated Infrastructure Projects to meet the increasing population growth demands for the treatment of wastewater for Mt. Holly, Belmont, and the Long Creek Basin in Mecklenburg County. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * This Project proposes a regional VVWTP (Stowe RWRRF) in Mecklenburg County, located approximately adjacent to the existing Long Creek Pumping Station (PS). This regional facility would initially have a treatment capacity of 15 million gallons per day (mgd) and have the ability to take wastewater flows from two existing facilities: the Mt. Holly Wastewater Reclamation Facility (WRF) and Clariant, an adjacent industrial facility; and wastewater flows from the Long Creek basin. Through a future expansion, the Stowe RWRRF would treat 25 mgd and be able to handle wastewater flows from the Belmont W WTP via the Paw Creek PS. Once connected to the Stowe RWRRF through the proposed project, the effluent outfalls at the Mt. Holly WRF and the Belmont WWTP would be eliminated. Prior to the Stowe RWRRF construction, the Charlotte Water wastewater treatment system would treat flows from the Mt. Holly WRF and the Belmont W WTP. It would also eliminate the need for expansions and rehabilitations of the outdated Mt. Holly and Belmont facilities while still serving existing and anticipated treatment capacity needs for the region. The US Army Corps of Engineers (USACE) requested that the Applicant submit a project -wide Clean Water Act (CWA) Section 404 application to include future construction projects (elements) that would propose impacts to Waters of the U.S. (WoUS). This permit will take a phased approach, providing design and details on the most imminent elements of the Project, while providing only high-level planning details for future elements yet to be designed 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas? * O Yes 0 No 0 Unknown Comments: We are requesting a PJD on an additional 95 acres of land included in this amendment. 5b. If the Corps made a jurisdictional determination, what type of determination was made? * 0 Preliminary O Approved 0 Not Verified O Unknown 0 N/A Corps AID Number: SAW-2019-01988 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Benjamin Burdette HDR and CWS 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR July 31, 2020 6. Future Project Plans 6a. Is this a phased project?* O Yes O No 6b. If yes, explain. In Phases 1 a through 1 c, the existing Long Creek PS would be replaced with a new pump station and headworks facility on the same site in order handle wastewater flows from the Mt. Holly WRF. These flows would be pumped beneath the Catawba River to the replaced Long Creek PS by horizontal directional drilling (HDD) methods, would continue from the current Long Creek PS site to the Paw Creek PS, and then on to larger Charlotte Water treatment facilities via the existing system. A new pumping station would be constructed at the Mt. Holly WRF site so that the WRF could be decommissioned. Additionally, access roads and power transmission would be constructed to the regional facility location. This permit application seeks authorization for Phase 1. Phases 2-3 are still in the planning stages and proposed impacts to WoUS for these future phases will be considered cumulatively. 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? D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): i] Wetlands O Streams -tributaries O Open Waters O Pond Construction 2. Wetland Impacts 0 Buffers 2a. Site #* (?) 2a1 Reason (?) 2b. Impact type* (?) 2c. Type of W.* 2d. W. name* 2e. Forested* 2f. Type of Jurisdicition* (?) 29. Impact area* Impact 1 Fill and grading P Bottomland Hardwood Forest W10 No Both 0.053 (acres) Impact 3 Fill P Bottomland Hardwood Forest W5 No Both 0.010 (acres) Impact 4 Fill P Bottomland Hardwood Forest W6 No Both 0.040 (acres) Impact 5 Fill P Bottomland Hardwood Forest W8 Yes DWR 0.040 (acres) Impact 6 Fill P Bottomland Hardwood Forest W12 Yes Both 0.110 (acres) Impact 7 Fill P Bottomland Hardwood Forest W9 Yes DWR 0.180 (acres) Impact 10 Fill P Bottomland Hardwood Forest W17 Yes Both 0.016 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.449 2i. Comments: 0.449 acres total wetland impact, 0.229 acres are Section 404/401 3. Stream Impacts 2g. Total Permanent Wetland Impact 0.449 3a. Reason for impact (?) 3b.lmpact type* 3c. Type of impact* 3d. S. name* 3e. Stream Type* (?) 3f. Type of Jurisdiction* 3g. S. width* 3h. Impact length* si Impact 2 Temporary Other Catawba River Perennial Both 620 Average (feet) 0 (linear feet) S2 Impact 9 Temporary Other Catawba River Perennial Both 620 Average (feet) 0 (linear feet) S3 Impact 11 Permanent Fill Catawba River Perennial Both 620 Average (feet) 27 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 27 3i. Total stream and ditch impacts: 27 3i. Total temporary stream impacts: 0 3j. Comments: Forcemains will be horizontally drilled beneath the Catawba river. This would not constitute any impact to surface waters. Forcemain crossings of Long Creek will also be horizontally drilled and will not cause impacts to surface waters. Effluent outfall will occur underneath the ordinary highwater mark and will be reinforced with riprap. This will constitute approximately 27 feet of impact located only on the bank of the river. 6. Buffer Impacts (for DWR) 6a. Project is in which protect basin(s)? Check all that apply. O Neuse e Catawba O Goose Creek 0 Other O Tar -Pamlico O Randleman El Jordan Lake 6b. Impact Type 6c. Per or Temp 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact 6g. Zone 2 impact Utility Lines - New P Catawba No 694 464 Access to surface water and dock P Catawba No 694 463 6h. Total buffer impacts: Total Temporary impacts: Total Permanent impacts: Total combined buffer impacts: 6i. Comments: Zone 1 0.00 Zone 1 1,388.00 Zone 1 1,388.00 Zone 2 0.00 Zone 2 927.00 Zone 2 927.00 With proposed impacts 10 and 11, approximately 1,288 square feet of Zone 1 and 927 square feet of Zone 2 of the Catawba River Buffer will be cleared. half this amount will be used to maintain a new easement for the utility lines associated with the outfall from the wastewater treatment plant. Under use 'kk' Zone 2 impacts are deemed allowable, and Zone 1 impacts less than 2,500 square feet are allowable with written authorization. The second half would be under the use 'rr' as this will provide access to the surface water and to a dock that will be for upkeep of the outfall, the width of which will be less than 15 feet. E. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: To avoid and minimize impacts to waters of the U.S., the project area was delineated for jurisdictional streams and wetlands. Because the Catawba River is a Traditionally Navigable Waterway (TNW), Section 10 authorization is required for any impacts beneath, through, on, or over the river. For those impacts to the Catawba River that propose forcemain installation by HDD, no changes or structures are proposed for the water surface, water column, or riverbed so no hazards to navigation are anticipated. For those impacts to the Catawba River proposed on the surface of the river, design has not yet commenced. Any element of this project that would require future impacts in Phase 2-3, refined designed and calculated impacts would be submitted to the USAGE prior to construction. The EIS and approved ROD already considered alternatives for the overall Stowe RWRRF project, location, and HDD methods verses other wastewater treatment options. Impacts associated with the Stowe HW&IPS (Impact 1) cannot be avoided due to the existing location of the Long Creek PS. Impacts associated with the Stowe RWRRF are isolated and not regulated by the USACE (Impact 7) or are in a future phase (dock and effluent outfall) (Impact 8). As such, the alternatives considered here are associated with the road access alignments (Impacts 3, 4 and 6). Impacts 2 and 9, and are Section 10 impacts to the Catawba River, but do not propose surface water impacts. The No -Build Alternative would not involve the construction of a new regional treatment facility; however, it would include upgrading the existing Mt. Holly WRF and Belmont WWTP. It would also require substantial wastewater collection system upgrades to the Charlotte Water system. In the absence of the project, capacity for wastewater treatment would be inadequate in providing these services for the existing and anticipated population. The No -Build Alternative would not meet the purpose and need of the project. lb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Erosion and sedimentation control measures will be properly installed and inspected in accordance with a NPDES Erosion and Sedimentation Control (ESC) permit. Erosion and sedimentation BMPs will be installed prior to construction. Impacts will be minimized by strict enforcement of Best Management Practices for the protection of surface waters, including restrictions against the staging of equipment in or adjacent to waters of the US. Piling drive techniques will be utilized for bridge construction to minimize the impact footprint of the bridge bents. This project will follow all conditions of NWP 12 and NWP 14, including their respective Water Quality General Certifications (WGC) 4133 and 4135. Equipment to be used includes excavators, dump trucks, earthmovers, cranes, and HDD equipment. 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? O Yes O No 2c. If yes, mitigation is required by (check all that apply): OO DWR O Corps 2d. If yes, which mitigation option(s) will be used for this project? O Mitigation bank O Payment to in -lieu fee program O Permittee Responsible Mitigation 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. OYes 0No 4b. Stream mitigation requested: 4c. If using stream mitigation, what is the stream temperature: (linear feet) 4d. Buffer mitigation requested (DWR only): 4e. Riparian wetland mitigation requested: (square feet) (acres) 4f. Non -riparian wetland mitigation requested: 4g. Coastal (tidal) wetland mitigation requested: (acres) (acres) 4h. Comments Approximately 33.68 acres of wetlands with 14,856 linear feet of stream were identified on site. According to site design, 0.229 acres of jurisdictional wetlands will be impacted. These impacts are proposed to be mitigated as a 2:1 ratio which amounts to mitigating the equivalent of 0.458 acres. 0.4 acres have already been purchased for this project under the original permitting process. An additional 0.058 acres have been confirmed to be available from the City of Charlotte Umbrella Stream and Wetland Mitigation Bank. No mitigation is required for impacts to the non -Section 404, isolated wetland impacts (0.22 acre). 6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more information. O Yes O No F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? O Yes O No What type of SCM are you providing? 0 Level Spreader 0 Vegetated Conveyance (lower SHWT) 0 Wetland Swale (higher SHWT) 0 Other SCM that removes minimum 30% nitrogen O Proposed project will not create concentrated stormwater flow through the buffer 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* O Yes • No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? OYes 0No Comments: The project is subject to the City of Charlotte's Post Construction Stormwater Ordinance (PCSO) and Zoning Ordinance Section 12.601. Phase 1 of the project is below 12% BUA. The project qualifies as a low density development under the PSCO and therefore must treat runoff through vegetated conveyances to the maximum extent practicable and not required to perform peak discharge control. The project is subject to 100-foot water supply watershed buffers and 100 foot +50% flood fringe post construction buffers. As subsequent phases are designed, Stormwater Management Plans will be supplied to the City of Charlotte for review. G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* • Yes No 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 (North Carolina) Environmental Policy Act (NEPA/SEPA)?* • Yes No 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House?* • Yes No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)?* Yes • No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* • Yes No 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* 0 Yes 0 No 0 N/A 4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Project is a wastewater infrastructure project and the future Stowe RWRRF proposed capacity is 15 million gallons per day. Charlotte Water has already obtained a NPDES permit for the effluent discharge associated with the facility. 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?* • Yes No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* • Yes No 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. Is another Federal agency involved?* 0 Yes 5e. Is this a DOT project located within Division's 1-8? 0Yes CNo 0 No Unknown 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? O Yes , No 5g. Does this project involve bridge maintenance or removal? 0 Yes • No 5h. Does this project involve the construction/installation of a wind turbine(s)?* 0 Yes • No 5i. 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.? 0 Yes 0 No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? The 2015 EIS examined potential impacts to federal and state protected species. The Preferred Alternative (this Project) was determined to have no impacts to federal and state protected species. However, the EIS did indicate a population of Schweinitz's sunflower adjacent to, but outside, the Project on the Mt. Holly side and the population was confirmed during a survey conducted on September 9th, 2021 by HDR. HDR surveyed the Mecklenburg County side of the project over several days during the survey window for Schweinitz's sunflower. HDR determined that there were no suitable habitat present on the Mecklenburg County side. Measures will be put in place, such as extra erosion control fencing and orange tree protection fencing within the project area to protect the population outside the project area; no direct or indirect impacts to this population are anticipated. Therefore, no impacts to federal or state protected species are anticipated. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* Yes • No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* NOAA Essential Fish Habitat Mapper https://www.fisheries.noaa.gov/resource/map/essential-fish-habitat-mapper 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?* O Yes • No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* During completion of the original EIS, SHPO was consulted. No properties registered on the National or State register of Historic Places were found to be present on the project site, and areas outside of the 100-year floodplain will be located within previously disturbed areas per guidance from SHPO. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* C) Yes O No 8b. If yes, explain how project meets FEMA requirements: A floodplain development permit and associated CLOMR/LOMR will be acquired from the local FEMA Administrator. 8c. What source(s) did you use to make the floodplain determination?* FEMA Firm Panels 3710552800K and 3710359600L Miscellaneous U Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred. Click the upload button or drag and drop files here to attach document Permit_Amendment_20211109.pdf 30.83MB File must be PDF or KMZ Comments Signature !21 By checking the box and signing below, I certify that: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • 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: Benjamin Burdette Signature Date 11/12/2021