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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