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HomeMy WebLinkAbout20231460 Ver 1_ePCN Application_20231026DW R Division of Water Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) October 2, 2023 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: 7/17/2023 Does this project involve maintenance dredging funded by the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund or involve the distribution or transmission of energy or fuel, including natural gas, diesel, petroleum, or electricity? Yes No BIMS # Assigned 20231460 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Reviewing Office* Asheville Regional Office - (828) 296-4500 Information for Initial Review 1a. Name of project: Coal Combustion Residual Basins Coats North America — Sevier Plant 1a. Who is the Primary Contact?* Todd Wegenast 1b. Primary Contact Email: * todd.wegenast@coats.com Date Submitted 10/26/2023 Nearest Body of Water Limekiln Creek Basin Catawba Water Classification C Site Coordinates Latitude: Longitude: 35.789355 82.024438 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: McDowell Version#* 1 What amount is owed?* $240.00 $323.00 Select Project Reviewer* Tyler Hickman:Tyler.Hickman 1c. Primary Contact Phone: * (828)756-4111 $570.00 $767.00 O Is this a NCDMS Project Yes No 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 permit(s) 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: 39 - Commercial/Institutional Developments 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 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 DWR 401 Certification: Yes No For the record only for Corps Permit: Yes No 1f. Is this an after -the -fact permit application? * Yes No 1g. 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 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. Name(s) on recorded deed: COATS North America 2b. Deed book and page no.: 2c. Contact Person: Todd Wegenast 2d. Address Street Address 630 American Thread Road Address Line 2 city Marion Postal / Zip Code 28752 2e. Telephone Number: (828)756-4111 2g. Email Address:" todd.wegenast@coats.com 3. Applicant Information (if different from owner) 3a. Name: Todd Wegenast 3b. Business Name: 3c. Address Street Address 630 American Thread Road Address Line 2 city Marion Postal / Zip Code 28752 3d. Telephone Number: (828)756-4111 3f. Email Address:" todd.wegenast@coats.com 4. Agent/Consultant (if applicable) 4a. Name: JC Weaver 4b. Business Name: Civil and Environmental Consultants 4c.Address Street Address 3701 Arco Corporate Drive Address Line 2 Suite 400 City Charlotte Postal / Zip Code 28273 4d. Telephone Number: (980)237-0373 4f. Email Address:"` jweaver@cecinc.com C. Proiect Information and Prior Proiect History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town Marion State / Province / Region North Carolina Country United States of America 2f. Fax Number: State / Province / Region NC Country USA 3e. Fax Number: State / Province / Region North Carolina Country USA 4e. Fax Number: 2. Project Identification 2a. Property Identification Number: 170500255043 2b. Property size: 4.7 2c. Project Address Street Address 630 American Thread Road Address Line 2 city Marion Postal / Zip Code 28752 3. Surface Waters 3a. Name of the nearest body of water to proposed project:" Limekiln Creek 3b. Water Resources Classification of nearest receiving water:' 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. 0305010102 4. Project Description and History State / Province / Region North Carolina Country United State of America 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: * Site contains a coal ash basin with failing berm along water feature. Land surrounding project area consists of maintained and landscaped areas and a mixed age evergreen and deciduous tree stand with shrubby undergrowth. 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 4g. List the total estimated linear feet of all existing streams on the property: 390 4h. Explain the purpose of the proposed project:* Purpose of project is to repair failing coal ash basin by reinforcing the basin foundation and prevent basin collapse. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The coal ash basin repair will consist of reinforcing the southern wall of the basin and expanding and reinforcing the foundation. The adjacent intermittent feature will be piped and additional soil will be placed in lifts and compacted. The stream feature will daylight onto a riprap pad and level spreader prior to reconnecting to the natural stream channel. Equipment used will be consistent with those used for earth moving activities e.g. soil compactors, excavators, graders, skid steers, and hauling equipment. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No Comments: 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-2023-01575 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): JC Weaver Agency/Consultant Company: CEC Other: 6. Future Project Plans 6a. Is this a phased project?* Yes No (? Unknown 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? NA D. Proposed Impacts Inventory O 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries O Buffers Open Waters Pond Construction 3. Stream Impacts F I 3a. Reason for impact (?) 3b.lmpact type" 3c. Type of impact" 3d. S. name* ��3e. Stream Type* ?) 31`. Type of Jurisdiction* 3g. S. width 3h. Impact length* S1 Berm Repair Permanent Stabilization SA Intermittent Both Average (feet) 390 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 31. Total permanent stream impacts: 390 3i. Total stream and ditch impacts: 390 3j. Comments: E. Impact Justification and Mitigation 1. Avoidance and Minimization 3i. Total temporary stream impacts: 0 la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Efforts to avoid impacts to the stream were analyzed and alternative site layout plans developed. It was determined that basin expansion and stream impacts where unavailable due to the failed nature of the basin wall and the required nature of the proposed repair. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Sediment and erosion control devices, e.g. silt fencing, sediment booms for surface water, and straw wattles, will be installed to maintain water quality. In addition, seeding and straw will be utilized immediately after earth moving activities have been completed. 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: Permanent fill impacts are below NWP 39 mitigation limits. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan 1a. 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, project area is outside of NC protected riparian buffer areas. 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: G. Supplementary Information Q 1. Environmental Documentation 1a. 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 proposed project is an independent and stand alone project will not result in additional development. The proposed project is solely focused on water quality protection. 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. Asheville 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 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? CEC utilized the USFWS IPAC online resource to identify Federally listed threatened and endangered species within the project area. In July of 2023 CEC also conducted a pedestrian survey of the project area to document potential suitable habitat for Federally listed threatened and endangered species, suitable habitat was not identified nor were populations observed. 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? CEC utilized the NOAA online essential fish habitat mapper to identify fish habitat within the project area, none was identified. 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? CEC utilized the NC SHPO online historical and cultural resources mapper to identify these resources within the project area, none was identified. 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?" CEC utilized the FEMA online mapper to identify floodzones within the project area. There is a 0.2 % chance of flooding within the upper portion of the project area, the remainder of the project area is in zone AE. Miscellaneous O 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 PCN Attachment 10262023.pdf 9.61 MB File must be PDF or KMZ Comments Signature U 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: JC Weaver Signature jC lvea�er Date 10/26/2023