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HomeMy WebLinkAbout20090266 Ver 10_ePCN Application_20231031DW 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: 5/2/2022 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 20090266 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Reviewing Office* Washington Regional Office - (252) 946-6481 Information for Initial Review 1a. Name of project: Raw Water Intake Screen Maintenance Dredging 1a. Who is the Primary Contact?* Keven Duerr 1b. Primary Contact Email: * kduerr@hazenandsawyer.com Date Submitted 10/31/2023 Nearest Body of Water Tar River Basin Tar -Pamlico Water Classification WS-IV; NSW; CA Site Coordinates Latitude: 35.635654 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Pitt Longitude: -77.401361 Version#* 10 What amount is owed?* $240.00 $323.00 Select Project Reviewer* Robert Tankard:robert.tankard 1c. Primary Contact Phone: * (919)522-4269 $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 Please provide the date of the previous submission. 8/1 /2022 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: 03 - Maintenance 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 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 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: City of Greenville 2b. Deed book and page no.: 3860 / 518 2c. Contact Person: David Springer, P.E. 401 Water Quality Certification - Express Riparian Buffer Authorization Yes No Yes No O 2d. Address Street Address 3355 NC 43 Address Line 2 City Greenville Postal / Zip Code 27834 2e. Telephone Number: (252)551-1553 2g. Email Address:* SpringDW@guc.com 4. Agent/Consultant (if applicable) 4a. Name: Keven Duerr 4b. Business Name: Hazen and Sawyer 4c.Address Street Address 4011 WestChase Blvd Address Line 2 Suite 500 city Raleigh Postal / Zip Code 27607 4d. Telephone Number: (919)863-9350 4f. Email Address:* kduerr@hazenandsawyer.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Greenville 2. Project Identification 2a. Property Identification Number: 4679517312 2c. Project Address Street Address 1721 Water Way Road Address Line 2 city Greenville Postal / Zip Code 27858 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Tar River 3b. Water Resources Classification of nearest receiving water: WS-IV: NSW: CA 3c. What river basin(s) is your project located in?* Tar -Pamlico State / Province / Region NC Country USA 2f. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: 2b. Property size: 147 State / Province / Region NC Country USA a 3d. Please provide the 12-digit HUC in which the project is located. 030201030404 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 site consists of an active water treatment plant. The project footprint consists of the Tar River at the location of the existing raw water intake structures and the immediately surrounding area as well as a construction laydown/staging area located in a maintained upland area within the water treatment plant property. The reach of the Tar River in which the project is located is highly susceptible to sand deposition. The vicinity of the project site is currently developed for residential and commercial uses as well as undeveloped areas and agricultural lands. Additionally, the Pitt -Greenville Airport is located east of the project site. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? Yes No Unknown If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000). DWR 20090266 v9; USACE Action ID SAW-2018-01462 4f. List the total estimated acreage of all existing wetlands on the property: 0.87 acre 4g. List the total estimated linear feet of all existing streams on the property: 1,850feet 4h. Explain the purpose of the proposed project:* The purpose of the proposed project is to restore the original, designed capacity to the GUC Water Treatment Plant (WTP) raw water intake screens, which are being severely compromised by ongoing sand deposition. These intake screens constitute the sole source of raw water to the City of Greenville. Sediments have collected around the intake screens and will be removed to restore full operational capacity of the intake while significantly reducing the risk of severe damage to the raw water pumps due to sand being drawn into the pump station. Maintenance dredging will ensure that the flow of water in the river to the screens provides adequate volume. Recent assessments of the sediment deposition around the screens indicate that accumulated sand covers up to 50 percent of the intake openings of the upstream screens and two of the four downstream screens. The other two downstream screens are covered from 65 to 100 percent, resulting in a reduction in overall capacity by approximately 50 percent. Additionally, sand is accumulating in the wetwells of the pump station, with up to 30 cubic yards of sand in one wetwell, which poses a danger of further damaging the pump internals. Maintenance dredging for this purpose is an ongoing need and a routine operation. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The maintenance dredging involves removal of accumulated sediments and debris within the area surrounding the upstream and downstream intake structures. The area identified for maintenance dredging around the upstream intake structure is anticipated to extend 135 feet upstream and 65 feet downstream from the structure and 80 feet across the river, at a maximum. The downstream extent of dredging is needed to prevent against movement of the sediments in the near future to a position in which the downstream intake screens will be similarly blocked. The area identified for maintenance dredging around the downstream intake structure is anticipated to extend 170 feet upstream and 30 feet downstream from the structure and 75 feet across the river. The maintenance dredging extents are the minimum area needed at a given time to maintain adequate flows to the intake screens. The depth of the dredging will not be deeper than the approximate channel depth that existed when the intake screen clusters were originally constructed, as documented on record drawings for the intake screen clusters, attached. Dredging around the intake structures will be performed using a hydraulic dredge operated by a diver in the river to ensure that the existing infrastructure and aquatic life are not damaged or harmed by the work. Dredging beyond the area immediately surrounding the intake structure will be performed via mechanical dredge. Dredged materials will be temporarily stockpiled onsite in an upland area. Dewatering will occur via passive methods, including evaporation and infiltration. Silt fence will be installed around the perimeter of the temporary stockpile area to protect against erosion and unintended transport of dredged materials beyond the limits of the stockpile area. The dredge spoils will be hauled offsite for disposal at an approved landfill. Land -based site access will be accomplished across existing onsite access roads and maintained lawn areas. No disturbance of existing wetlands, streams, floodplain, floodway, or riparian buffer vegetation is anticipated to occur to accommodate site access. Sediment control within the river will be in the river for the duration of the dredging operation. The specific measure to do so will be selected by the contractor and shall require approval by the engineer and GUC. The measure must contain suspended sediments within the work area, preventing downstream water quality degradation. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas? * Yes No Comments: Waters of the US were delineated and verified in 2016. Re -delineation was performed but not verified in 2020. 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-2016-01379 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): K. Duerr (Arrance), L. Diebolt Agency/Consultant Company: Hazen and Sawyer Other: 6. Future Project Plans 6a. Is this a phased project?* Yes 0 No O Unknown 6b. If yes, explain. In 2022, dredging of the downstream screen area was submitted for authorization under the Clean Water Act. The issued 401 certification authorized the entire proposed activity (0.28 acre of dredging). The issued 404 permit was reduced due to delays with interagency coordination. The issued 404 permit authorized the minimum dredging effort needed to ensure adequate water supply be available to the City of Greenville through the 2023 Atlantic sturgeon moratorium period. Via this PCN, GUC requests a slightly larger area adjacent to the downstream screens and the area around the upstream screens be authorized to be dredged as maintenance activities to support future operation of the raw water intake. 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? 0.28 acre of impact associated with the downstream screen dredging was previously authorized under DWR 20090266 v9 in October 2022. This work has not been completed in its entirety and will be relied upon for impact OW-1 shown herein. D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries E Buffers Open Waters Pond Construction 4. Open Water Impacts 4a. Site # 4a1. Impact Reason 4b. Impact type 4c. Name of waterbody 4d. Activity type 4e. Waterbody type 4f. Impact area OW-1 maintenance dredging P Tar River Dredging :11Tributary 0.28 OW-2 maintenance dredging P Tar River Dredging _11 Tributary 0.05 OW-3 maintenance dredging P Tar River Dredging _11 Tributary 0.38 4g. Total temporary open water Impacts: 4g. Total permanent open water impacts: 0.00 0.71 4g. Total open water impacts: 0.71 4h. Comments: NOTE - OW-1 was previously authorized by DWR under 20090266 v9 and is not requested for reauthorization from DWR. OW-1 was authorized in part by USACE under SAW-2018-01462; the USACE-authorized portion of the dredging was completed in early 2023 and will be repeated due to redeposition of sand from abutting areas. E. Impact Justification and Mitigation O 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Avoidance of impacts to waters of the US is only possible with a no -action alternative, which does not address GUC's responsibility to continue providing adequate drinking water to their customers. The nature and extent of the proposed impacts are the minimum necessary to ensure that GUC is able to fulfill their responsibility to their customers for the near future. The proposed impacts are in the area of previous impacts associated with establishing and maintaining the intake screens, avoiding areas that have not been previously disturbed. Laydown and site access footprints utilize existing maintained/disturbed areas, avoiding impacts to wetlands, riparian buffers, and undisturbed natural areas. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: All equipment used for in -water work will be mounted on a barge in the river, eliminating potential damage to the riverbank and temporary impacts to adjacent wetlands. The laydown area will be established in an upland area away from the riparian buffer. Vehicle and equipment maintenance will be performed away from sensitive resources in order to protect these areas from spills or leaks of fluids. In -river sediment control measures will be used to contain sediments that are disturbed during construction. A vac truck or other temporary pump method will be used to remove the suspended sediments and dredged materials from the river. The work will be performed using divers in order to protect the river and its inhabitants from avoidable effects. The time -of -year restriction that is applicable to in -water work in the Tar River at Greenville will be complied with in order to provide protection to aquatic species. 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: Mitigation is not required by USACE or NCDWR for the proposed activity. 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 What type of SCM are you providing? Level Spreader Vegetated Conveyance (lower SHWT) Wetland Swale (higher SHWT) Other SCM that removes minimum 30 % nitrogen 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? * 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 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 1b. 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 Comments: * The project does not exceed the minimum criteria to trigger an environmental document under NEPA or SEPA. 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 consists of maintenance of existing raw water intake components. No development or growth in the service area will occur as a result of the project. 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 No ry 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? Hazen reviewed the IPaC tool for the project site most recently on October 26, 2023. Surveys for freshwater mussels, at the direction of USFWS staff, were performed in September 2023. No federally protected freshwater mussels were identified within the survey reach. The results of the freshwater mussel survey were provided to USFWS directly on September 22, 2023, and the final report is attached for reference. The project is located within designated critical habitat for Atlantic sturgeon and Neuse River waterdog. Neuse River waterdogs have been observed within the reach of the river adjacent to or within the project limits. Information to support the Biological Opinion and review by USFWS 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 NOAA Essential Fish Habitat Mapper was reviewed online on May 13, 2022. No EFH was shown in the Tar River in Pitt County at the time of the review. 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? NC's online mapper, HPOWEB, was reviewed on May 13, 2022. The nearest site that is identified as eligible for listing is approximately one mile east of the project area and on the far side to the Pitt -Greenville Airport. The proposed maintenance dredging will not affect the eligible property due to the distance, lack of visibility of the project area from the eligible site, and existing land uses (i.e., the airport). 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? * Yes No 8b. If yes, explain how project meets FEMA requirements: The project will not permanently alter the volume of infrastructure present within the regulatory floodway or 100-year floodplain. No permanent change to the capacity of the floodway or floodplain will result from the proposed project. Temporary modifications within the 100-year floodplain are proposed to provide a staging and storage area. The temporary modifications will be coordinated with the local floodplain manager to ensure compliance with FEMA and local floodplain regulations. 8c. What source(s) did you use to make the floodplain determination?* The FEMA Flood Insurance Rate Map was viewed online via the FEMA Map Service Center. The site is depicted on flood map panel 3720467900J, effective as of January 2, 2004. 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 dreg and drop files here to attach document 2023 PCN supporting docs.pdf 11.97MB GUC WTP Tar River Mussel Survey Report 2023.pdf 4.71 MB GUC Dredging_USFWS BO text.pdf 2.87MB DWR Cover letter PCN 2023.pdf 54.11KB File must be PDF or KMZ Comments Attached documentation includes: figures plan sheet as -built drawings depicting elevation, grade, and contours following installation of screens HPOWEB results IPaC report prefiling meeting request email Freshwater Mussel Survey Report Summary of information for consultation with USFWS DWR Cover letter Signature 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"); O • 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: Keven Duerr Signature (/tom 0'.",t r Date 10/31 /2023