HomeMy WebLinkAbout20230381 Ver 1_ePCN Application_20230309DWR
Division of Water Resources
Initial Review
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
Has this project met the requirements for acceptance in to the review process? *
Yes
No
Is this project a public transportation project?*
Yes No
Change only If needed.
Pre -Filing Meeting Date Request was submitted on:
3/2/2023
BIMS # Assigned * Version#*
20230381 1
Is a payment required for this project? *
No payment required
Fee received
Fee needed - send electronic notification
Select Project Reviewer*
Chad Turlington:chad.turlington@ncdenr.gov
Information for Initial Review
Reviewing Office*
Fayetteville Regional Office - (910) 433-3300
la. Name of project:
COURTESY COPY Fayetteville Operations Center Laydown Yard Expansion
la. Who is the Primary Contact?*
Ashley Bentz
1b. Primary Contact Email: * lc. Primary Contact Phone: *
abentz@smeinc.com (919)896-0758
Date Submitted
3/9/2023
Nearest Body of Water
Blounts Creek
Basin
Cape Fear
Water Classification
C
Site Coordinates
Latitude:
35.021679
A. Processing Information
Longitude:
-78.913818
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Cumberland
Is this a NCDMS Project
Yes No
Is this project a public transportation project?*
Yes No
la. Type(s) of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
Yes
No
1b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
lc. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number: 18 - Minor Discharges
NWP Numbers (for multiple NWPS):
ld. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
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:
If. Is this an after -the -fact permit application?*
Yes No
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
lh. Is the project located in any of NC's twenty coastal counties?
Yes No
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
Id. Who is applying for the permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project? *
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
Duke Energy Progress
2b. Deed book and page no.:
2c. Contact Person:
Zach Huett
401 Water Quality Certification - Express
Riparian Buffer Authorization
2d. Address
Street Address
411 Fayeteville Street
Address Line 2
City State / Province / Region
Raleigh NC
Postal / Zip Code Country
27601 US
Yes No
Yes No
2e. Telephone Number: 2f. Fax Number:
(252)220-9417
2g. Email Address:*
zach.huett@duke-energy.com
4. Agent/Consultant (if applicable)
4a. Name:
Ashley Bentz
4b. Business Name:
S&ME, Inc.
4c. Address
Street Address
3201 Spring Forest Road
Address Line 2
City
Raleigh
Postal / Zip Code
27616
4d. Telephone Number:
(919)896-0758
4f. Email Address:*
abentz@smeinc.com
State / Province / Region
NC
Country
US
4e. Fax Number:
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
lc. Nearest municipality / town:
Fayetteville
2. Project Identification
2a. Property Identification Number:
0426-52-5774
2b. Property size:
45.92
2c. Project Address
Street Address
2836 Cumberland Road
Address Line 2
City State / Province / Region
Fayetteville NC
Postal / Zip Code Country
28306 US
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
Blounts Creek
3b. Water Resources Classification of nearest receiving water: *
C
3c. What river basin(s) is your project located in?*
Cape Fear
3d. Please provide the 12-digit HUC in which the project is located.
030300040704
4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: *
The project site consists of an existing laydown yard and an undeveloped portion of a parcel owned by Duke Energy. The immediate vicinity of the site is primarily industrial and is
bordered to the northwest by a railroad. The greater area is primarily developed as residential and commercial.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? *
Yes No Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
0.69 ac (within review area)
4g. List the total estimated linear feet of all existing streams on the property:
0 If (within review area)
4h. Explain the purpose of the proposed project:*
The purpose of the proposed project is to provide additional storage area to support substation maintenance
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
Project site area is located at the northeast corner of the intersection of Owen Drive (S.R. 1007) and Cumberland Road (S.R. 1141) in Fayetteville, N.C., the project area is located within a
± 45.92-acre parcel currently owned by Duke Energy Progress. Duke Energy Progress, LLC is proposing to design and permit an expansion to the existing storage yard for the substation
maintenance building to support its ongoing operation needs.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas? *
Yes
Comments:
No G Unknown
Site was delineated by S&ME and a PJD was submitted to the USACE on 11/29/22. No response
was received.
5b. If the Corps made a jurisdictional determination, what type of determination was made? *
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
6. Future Project Plans
6a. Is this a phased project? *
Walter Cole
S&ME, Inc.
Yes No
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):
Wetlands
Open Waters
2. Wetland Impacts
Streams -tributaries
Pond Construction
Buffers
2a. Site #* (?)
2a1 Reason (?)
2b. Impact type* (?)
2c. Type of W.*
2d. W. name
2e. Forested*
2f. Type of Jurisdicition*
(?)
2g. Impact
area*
W1
fill
P
Bottomland Hardwood Forest
W1
Yes
Corps
0.080
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.080
2i. Comments:
2g. Total Permanent Wetland Impact
0.080
Permanent impacts will total 0.080 acres and will be the result of fill placed within the wetland during the construction of the proposed laydown yard
expansion.
E. Impact Justification and Mitigation
0
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
During project design, the yard dimensions were minimized to the extent needed for equipment vehicles to safely turn around. The embankment slope
was steepened to limit additional impacts.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
During construction, equipment will operate from the uplands. If necessary, mechanized equipment will utilize timber matting. Specific attention will be
paid to ensure grading is only performed to the extent needed for the proposed project and all grading not required will be avoided.Additional impacts to
the jurisdictional wetland will be avoided through the use of appropriate sediment and erosion control devices. Construction limits will be clearly marked
through wetlands and construction and fill material will be stored in upland areas.
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 this project DOES NOT require Compensatory Mitigation, explain why:
Project impacts are below amounts generally requiring mitigation.
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?
Yes No
If no, explain why:
Site is not located within a basin protected by the NC Riparian Buffer Protection Rules.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? *
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes No
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program?
Yes No
N/A - project disturbs < 1 acre
2d. Which of the following stormwater management program(s) apply:
Local Government State
Local Government Stormwater Programs
Phase II NSW USMP Water Supply
Please identify which local government stormwater program you are using.
City of Fayetteville
Comments:
Stormwater plans are currently undergoing review by the City of Fayetteville, currently in TRC courtesy 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
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
3b. If you answered "no," provide a short narrative description.
Project is planned to accomodate an existing need within the substation facility.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project? *
Yes No N/A
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.
Raleigh
5d. Is another Federal agency involved?*
Yes
5e. Is this a DOT project located within Division's 1-8?
Yes No
No Unknown
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
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.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
The NC Natural Heritage Program online data explorer (https://www.ncnhp.org/data) and US Fish and Wildlife Service Information for Planning and
Consultation (IPaC) report. No critical habitat was identified within the site and no element occurrences of protected species have been observed within
the site or within one mile of the site. A self -certification package was submitted to the Raleigh USFWS office on 12/14/2022. No response was given,
signaling that additional consultation is not needed. The self certification package is attached.
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? *
The USFWS IPaC report and the National Marine Fisheries Service Essential Fish Habitat Mapper
(https://www.habitat.noaa.gov/protection/efh/efhmapper/)
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? *
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources? *
Consultation with the NC State Historic Preservation Office (SHPO). The NC SHPO responded to our inquiries in letters dated December 1, 2022 that
they have completed a review of the site and are aware of no historic resources which would be affected by the project. Therefore, the NC SHPO had no
comment on the project.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? *
Yes No
8c. What source(s) did you use to make the floodplain determination?*
FEMA firm panel 3720042600J effective 1/5/2007 and the project engineer.
Miscellaneous 8
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
Agent Authorization.pdf 66.9KB
DKE22058 USACE Wetland Impact Exhibit.pdf 1.32MB
FEMA Firmette.pdf 1.85MB
ER-22-2685.pdf 151.11KB
Fayetteville Laydown Yard Self Certification.pdf 2.39MB
PJD Submittal - DEP Fayetteville Site.pdf 5.41MB
Grading DKE22058 Fayetteville_ESC Plans.pdf 3.83MB
File must be PDF or KMZ
Comments
Signature O
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:
Ashley Bentz
Signature
GfofAy, riz
Date
3/9/2023