HomeMy WebLinkAbout20230533 Ver 1_ePCN Application_20230414DW R
DHlsloo of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
Initial Review
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:
1 /27/2023
BIMS # Assigned
20230533
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Raleigh Regional Office - (919) 791-4200
Information for Initial Review
1a. Name of project:
Goldrock Asphalt Plant
1a. Who is the Primary Contact?*
Rick Toone
1b. Primary Contact Email: *
rtrone@withersravenel.com
Date Submitted
4/14/2023
Nearest Body of Water
Swift Creek
Basin
Tar -Pamlico
Water Classification
C:NSW
Site Coordinates
Latitude:
36.059323
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Nash
Is this a NCDMS Project
Yes No
Longitude:
-77.828442
Version#*
1
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Zachary Thomas:zachary.thomas@ncdenr.gov
1c. Primary Contact Phone:*
(919)538-8184
Is this project a public transportation project?*
Yes No
1a.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 permits) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
39 - Commercial/Institutional Developments
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? *
Yes No
fig. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1h. 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
401 Water Quality Certification - Express
Riparian Buffer Authorization
1d. 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. Nani on recorded deed:
Wake Stone Property Company
2b. Deed book and page no.:
3110/684
2c. Contact Person:
Samuel Bratton
2d. Address
Street Address
6821 Knightdale BLVD
Address Line 2
City State / Province / Region
Knightdale NC
Postal / Zip Code Country
27545 USA
Yes No
Yes No
2e. Telephone Number: 2f. Fax Number:
(919)266-1100
2g. Email Address:*
sambrafton@wakestonecorp.com
3. Applicant Information (if different from owner)
3a. Name:
Brent Wood
3b. Business Name:
FSC II, LLC
3c.Address
Street Address
701 Corporate Center Dr.
Address Line 2
Suite 101
City
State / Province / Region
Raleigh
NC
Postal / Zip Code
Country
27607
USA
3d. Telephone Number: 3e. Fax Number:
(919)740-7325
3f. Email Address:*
Brent.wood@constructionpartners.net
4. Agent/Consultant (if applicable)
4a. Name:
Rick Trone
4b. Business Name:
WithersRavenel
4c.Address
Street Address
115 MacKenan Drive
Address Line 2
city
State / Province / Region
Cary
NC
Postal / Zip Code
Country
27511
USA
4d. Telephone Number: 4e. Fax Number:
(919)538-8184
4f. Email Address:
rtrone@withersravenel.com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Battleboro
2. Project Identification
2a. Property Identification Number: 2b. Property size:
PIN:384400549375 ±25.81
Q
2c. Project Address
Street Address
7526 N. Halifax Road
Address Line 2
City
Battleboro
Postal / Zip Code
27809
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Swift Creek
3b. Water Resources Classification of nearest receiving water:
C:NSW
3c. What river basin(s) is your project located in?*
Tar -Pamlico
3d. Please provide the 12-digit HUC in which the project is located.
030201010803
4. Project Description and History
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 site is vacant and has been logged. A Wake Stone quarry is located across N. Halifax Road and the site is bordered by 195 to the east. A mixture of commercial, industrial, and
agricultural land use surrounds the site with a small residential amount of residential to the southwest of the site.
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:
1.82
4g. List the total estimated linear feet of all existing streams on the property:
0
4h. Explain the purpose of the proposed project:
The purpose of the proposed project is construction of a new larger asphalt plant to meet the ongoing demand for asphalt product.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The proposed asphalt plant is located adjacent to an existing Wake Stone facility and the existing but undersized FSC Gold Rock asphalt site. Being located so near an existing source of
material eases logistics and results in significantly less dump truck traffic on local roads.
The three primary reasons for the need to construct a larger plant are as follows:
• Safety — currently there is not enough space within the existing asphalt facility for employees to see around stockpiles due to the limited space. Truck traffic must be extremely careful
navigating the stock area due to blind turns and limited sight distance creating a greater potential of an incident.
• Production — the current asphalt plant located on the north side of N. Halifax Road has a limited stockpile area, not allowing for the correct size piles of material to facilitate drying of the
product prior to running it through the plant. Wetter material results in a slowing of production. The increased stockpile area within the new proposed asphalt plant will allow for more time
between receiving the wet material from the rock quarry and when it can be processed through the plant.
• Cost— decreased production from the high moisture content results in higher costs. Essentially, the facility needs to dry out all the material as it goes through the asphalt plant. The wetter
the material, the more it costs to dry it out. The more fuel used to dry out the material means that more emissions are produced and higher costs that are incurred.
Once the proposed new asphalt plant is constructed and operational, the existing asphalt plant will be decommissioned, and the land returned to Wake Stone Corporation.
The proposed project will result in 0.342 acres of permanent wetland impacts (Wetland A). The proposed permanent wetland impacts are necessary for construction of sufficiently large
areas of gravel yard stockpile area (Impact W1 - 0.294 ac), a 20' wide gravel haul road (Impact W2 - 0.045 ac) over a narrow finger of Wetland A and a SCM outfall to Wetland A (Impact
W3 - 0.003 ac).
Large areas of gravel yard are required for efficient and safe movement of large equipment/vehicles and aggregate storage.
No streams or surface other waters are located on the site. No impacts are proposed for construction of the asphalt plant facility, utilities, or the primary access.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?
Yes No O Unknown
Comments:
WithersRavenel completed a delineation of the project area in February 2022.
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
SAW-2021-02689
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Troy Beasley
Agency/Consultant Company: WithersRavenel
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
WR submitted an AJD request for the project site on December 20, 2021. Kyle Barnes, USACE, field verified the onsite wetlands on February 1, 2022.
A PJD/AJD request was submitted to the USACE on January 9, 2023 that included an updated review area that included an old borrow pit constructed in uplands. The PJD/AJD was
issued on March 10, 2023. A copy of the PJD/AJD has been included as an attachment.
There are no depicted streams on the USGS or Nash Co. Soil Survey within the project area, and therefore a formal riparian buffer determination from NCDWR was not required.
6. Future Project Plans
6a. Is this a phased project?*
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?
No.
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
2. Wetland Impacts
U
2a1 Reason (?)
2b. Impact type* (?)
2c. Type of W.
2d. W. name
2e. Forested' ��2f.
Type of Jurisdicition
?)
2g. Impact
area *
W1
Fill Grading
P
Unknown
Wetland A
Yes
Both
0.294
(acres)
W2
Crossing
P
Unknown
Wetland A
Yes
Both
0.045
(acres)
ff7]
SCM Outfall
P
Unknown
Wetland A
Yes
Both
0.003
acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.342
21. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
2g. Total Permanent Wetland Impact
0.342
0
V
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Prior to site plan design, the applicant requested that a detailed wetland delineation be conducted so that impacts to wetlands and "waters" could be
minimized.
Proposed permanent wetland impacts for construction of the asphalt plant facility and infrastructure have been minimized to only those necessary for
construction of the gravel yards, gravel haul road crossing, and a SCM ouffall.
Proposed impacts for the project have been designed to avoid impacts by designing a site around Wetland A to the greatest extent possible while still
making the project feasible. Impacts to Wetland A are unavoidable due to the geographic position of the wetland which is centrally located within the
project area and the need to create enough gravel yard space for safe equipment movement and sufficient aggregate storage (Impact W1). Furthermore,
the proposed internal gravel haul road was designed to cross Wetland A at the narrowest location to minimize impacts (Impact W2). Impacts due to rip
rap dissipater pads are necessary at one weir outlet due to the greater slope (Impact W3) from SCM 1. Rip rap dissipater impacts were minimized to just
one SCM weir ouffall structure.
The SCMs design incorporates the location and shape of Wetland A to minimize wetland impacts. Hydrology of Wetland A will be maintained through the
SCMs being designed to capture onsite runoff and discharge treated water back into Wetland A. Drainage pipes will also be installed within the current
location of drainage swales to convey offsite drainage into Wetland A as currently occurs. The design of the SCMs and offsite drainage pipes will provide
the same upland runoff volume into Wetland A as the predevelopment conditions. Additionally, the hydrology of Wetland A is primarily provided through
groundwater fluctuation. Therefore, the long-term viability and integrity of Wetland A will be maintained in the post -development condition.
The hydrologic connectivity of Wetland A to downstream waters will be maintained in the post -development condition. Currently, Wetland A drains into a
drainage pipe under 1-95 which eventually ouffalls into downstream wetlands on the south side of 1-95. The culvert beneath the proposed haul road will
continue to convey drainage through Wetland A to the pipe under 1-95.
The existing asphalt plant is immediately adjacent to the proposed site. Space is not available at the current asphalt plant to allow for expansion.
Furthermore, the proposed site is immediately opposite of N. Halifax Road from the existing facility and the rock quarry where the plant sources raw
materials making the choice of the location of the proposed asphalt plant the only feasible option. The project location allows for increased public safety
by minimizing the time aggregate delivery trucks spend on N. Halifax Road.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Construction techniques used to avoid or minimize impacts include installation of erosion & sediment control devices prior to construction. Silt fencing
will be installed around all disturbed areas to prevent sediment from escaping into undisturbed areas or offsite, and access during construction will be
within uplands.
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
2c. If yes, mitigation is required by (check all that apply):
DWR
Corps
2d. If yes, which mitigation option(s) will be used for this project?
Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
Yes No
4b. Stream mitigation requested:
(linear feet)
4d. Buffer mitigation requested (DWR only):
(square feet)
4f. Non -riparian wetland mitigation requested:
(acres)
0.342
4h. Comments
4c. If using stream mitigation, what is the stream temperature:
4e. Riparian wetland mitigation requested:
(acres)
4g. Coastal (tidal) wetland mitigation requested:
(acres)
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.
Yes 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?
Yes No
If no, explain why:
No buffered features are located on the project site.
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
Comments:
The stormwater management plan consists of two wet pond SCMs to serve the site's stormwater needs. The stormwater management plan will be reviewed and approved by Nash County
as the designated authority.
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.
The project will not result in additional development that could impact downstream water quality.
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
5d. Is another Federal agency involved?*
Yes No Unknown
5e. Is this a DOT project located within Division's 1-8?
Yes No
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
Q
V
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
On 3/21/2022 & 4/5/2023, WR generated an official species list using USFWS' Information for Planning and Consultation (IPaC), located at
https:/Iipac.ecosphere.fws.gov/ which is attached. The IPaC Species List identified Tricolored Bat (proposed endangered), Neuse River Waterdog
(Threatened), Carolina Madtom (Endangered), Atlantic Pigtoe (Threatened), Tar River Spinymussel (Endangered), Yellow Lance (Threatened) and
Michaux's Sumac (Endangered) as potentially occurring within the vicinity of the project. The IPaC did not identify any critical habitat within the proposed
project.
WR submitted a project review request to the NCNHP through their Data Explorer webpage, located at: https://ncnhde.natureserve.org/, to identify
known occurrences of federally listed threatened or endangered species within 1.0 mile of the review area. The 3/21/2023 NCNHP Project Review Letter
listed Neuse River Waterdog (Threatened), Red -Cockaded Woodpecker (RCW)(Endangered), Yellow Lance (Threatened), Atlantic Pigtoe (Threatened),
Tar River Spinymussel (Endangered), and Carolina Madtom (Endangered) potentially occurring within 1.0 miles of the Project.
The project site largely consisted of loblolly pine plantation. Pedestrian surveys completed in October 2021, March 2022 and May 2022 did not identify
any occurrences of federally listed threatened or endangered species, or species proposal for listing under the ESA. Marginal habitat for Michaux's
Sumac was determined to exist in the southeastern portion of the review area which was characterized as "early successional". Suitable habitat for RCW
was not present within the project area as the site was logged between 1998 & 1999 and replanted with loblolly pine. Therefore, the approximate age of
the onsite loblolly pine forest is 24 years old, which is too young for potential RCW habitat. Based on an absence of streams, rivers, or other suitable
onsite habitat and anticipated sediment and erosion control measures installed prior to development of the project, WR concludes the proposed project
will not adversely affect the listed aquatic species.
At the time of the 5/13/2022 survey, the tricolored bat was not listed by the USFWS for protection under the ESA. The USFWS proposed to list the
tricolored bat as an endangered species under the Endangered Species Act on September 13, 2022, largely because of white -nose syndrome, a
disease that affects cave -dwelling bats and is decimating hibernating bat species. There has been no critical habitat designated for the tricolored bat at
this time. Based on the review of the NCNHP GIS data there are no known occurrences of the tricolored bat within 1.0 miles of the review area.
The upland portions of the onsite loblolly pine plantation have been clearcut since the 5/13/2022 surveys and is not considered potential habitat. The
remaining onsite forested areas are within the wetlands and is considered potential habitat due to the presence of mature trees. Targeted surveys for
tricolored bat have not been conducted.
Construction of the proposed asphalt plant will require tree clearing within the wetland areas as a result of the wetland impacts necessary to construct
the project. Approximately 0.34 acres of wetlands will be impacted and will result in tree clearing.
There are no known maternity roosts within 0.25 miles of the review area, as well as no known occurrences within 1.0 miles. Therefore, WR concludes
that the proposed activities are not likely to adversely affect the tricolored bat.
The methodology and results of the 5/13/2022 survey for federally listed species has been provided as an attachment to this application.
6. Essential Fish Habitat (Corps Requirement)
Ga. 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?
There are no waters classified as EFH in Nash County.
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?
WR reviewed the NC State Historic Preservation Office's online database, located at: http://gis.ncdcr.gov/hpoweb/, to determine if there were any known
historic or cultural resources within or in the vicinity of the proposed project. The database review did not identify any known resources within or in the
vicinity of the proposed 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 Flood Maps
Miscellaneous
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
Cover Letter and Attachments_Final.pdf 14.78MB
File must be PDF or KMZ
Comments
Please see attached Cover Letter and Attachments.
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:
Rick Trone
Signature
AW T"Ac
Date
4/14/2023