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HomeMy WebLinkAbout20151258 Ver 3_ePCN Application_20231109DWR 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: 10/5/2023 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 20151258 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: Terrible Creek Expansion Project 1a. Who is the Primary Contact?* Linda Diebolt 1b. Primary Contact Email: * Idiebolt@hazenandsawyer.com Date Submitted 11/9/2023 Nearest Body of Water Terrible Creek Basin Neuse Water Classification C; NSW Site Coordinates Latitude: 35.614479 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Wake Longitude: -78.728311 Version#* 3 What amount is owed?* $240.00 $323.00 Select Project Reviewer* Zachary Thomas:zachary.thomas 1c. Primary Contact Phone: * (919)906-1775 $570.00 $767.00 a 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: 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 58 - Utility Line Activities for Water and Other Substances (frequently used) 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 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: Town of Fuquay-Varina 2b. Deed book and page no.: DB4823PG919 2c. Contact Person: Jay Meyers, Public Utilities Director 401 Water Quality Certification - Express Riparian Buffer Authorization Yes No Yes No 2d. Address Street Address 134 N. Main Street Address Line 2 City Fuquay-Varina Postal / Zip Code 27526 2e. Telephone Number: (919)567-3911 2g. Email Address:" jmeyers@fuquay-varina.org 4. Agent/Consultant (if applicable) 4a. Name: Linda Diebolt 4b. Business Name: Hazen and Sawyer 4c.Address Street Address 4011 WestChase Blvd. Address Line 2 Ste. 500 city Raleigh Postal / Zip Code 27607 4d. Telephone Number: (919)906-1775 4f. Email Address:' ldiebolt@hazenandsawyer.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) n/a 1c. Nearest municipality I town: Fuquay-Varina 2. Project Identification 2a. Property Identification Number: 0687099436 2c. Project Address Street Address 5812 Hilltop Road Address Line 2 city Fuquay-Varina Postal / Zip Code 27526 3. Surface Waters 3a. Name of the nearest body of water to proposed project: " Terrible Creek 3b. Water Resources Classification of nearest receiving water: C; NSW State / Province / Region NC Country USA 2f. Fax Number: State / Province / Region NC Country United States 4e. Fax Number: 2b. Property size: 46.35 State / Province / Region NC Country USA O 3c. What river basins) is your project located in?* Neuse 3d. Please provide the 12-digit HUC in which the project is located. 030202011200 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 active wastewater treatment plant (WWTP) that is enclosed by a fence. The WWTP parcel contains undeveloped, forested land outside of the fenced portion of the WWTP site. The Terrible Creek WWTP was previously upgraded from 1 million gallons per day (mgd) to 3 mgd and impacts associated with the upgrade were permitting in 2015. The current project will upgrade the WWTP to 6 mgd. The WWTP consists of structures and associated infrastructure typically found on WWTP sites. Several types of land cover are present within the project areas. The land cover consists of herbaceous cover dominated by grasses and common lawn weeds that is regularly mowed in areas abutting existing WWTP components. A small wetland area (0.056 acre) is present in the fenced portion of the WWTP site and extends into the undeveloped, forested area outside of the fenced area. There is an access road to Hilltop Road that contains maintained mowed areas along the sides of the road. Beyond the maintained roadside areas consists of forested areas that contain wetland areas and streams that are not within the project area and are outside of the fenced portion of the WWTP. 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). SAW-2015-02550 20151258 4f. List the total estimated acreage of all existing wetlands on the property: 0.62 acre 4g. List the total estimated linear feet of all existing streams on the property: 2,800 feet 4h. Explain the purpose of the proposed project:" The purpose of the project is to upgrade the WWTP from 3 mgd to 6 mgd. The upgrade includes installation a new 6" water utility line parallel to the existing entrance road and construction of multiple upgrade structures within the fenced portion of the plant site. Installation of a new water line will transport potable water to the treatment plant. The new structures will support a larger capacity to treat larger volumes of wastewater. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The proposed project will be constructed on the same parcel as the existing Terrible Creek WWTP. The new structures to be constructed as part of the proposed project are new disc filters, one biological nutrient removal tank, one secondary clarifier, influent pump station, odor control building, and maintenance and administration buildings. The project entails connecting the new potable water line to the existing potable water supply at the fire hydrant adjacent to the existing administrative building within the fenced portion of the Terrible Creek WWTP and tying into the 12" potable water line located along Hilltop Road. The existing parallel pipe corridor is maintained, construction access will be via the existing entrance road. A portion of a jurisdictional wetland will be traversed by the new disc filters footprint, as depicted on the Impact Map. The wetland area within the project's limits of disturbance consists of herbaceous vegetation bound by immature trees. A portion of the wetland area will be permanently impacted during construction for construction of a structure (fill) and a loss of hydrology will indirectly impact the remainder of the wetland within the fenced portion of the WWTP. The wetland area will not be restored to pre -construction contours. The wetland area outside of the footprint of the structure will be filled and seeded with native grasses and strawed within a timely manner upon completion of pipe installation. Construction of a structure in the wetland and loss of hydrology to the remaining portion of the wetland in the fenced portion of the WWTP will result in loss of jurisdictional waters of the U.S.; however, impacts less than 0.1 acre will occur. The new water line will cross an existing culvert underneath the entrance road of the plant. No impacts to the stream that is culverted or the wetlands abutting the toe of slope of the access road are anticipated for the proposed project. The pipe will be installed using open cut installation techniques. Excavated material will be sidecast for a short period of time while the pipe is being installed. Upon completion of the pipe installation, the roadside area in whcih construction will occur will be returned to original grade. Equipment anticipated to be used during the proposed upgrades include but are not limited to, backhoes, front-end loaders, bulldozers, dump trucks, and cranes. Details of proposed activities, such as temporary erosion and sediment control measures, are provided on the design drawings submitted in conjunction with this permit application. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas? * Yes No Comments: Delineations of the jurisdictional features on the WWTP parcel were originally delineated in 2015, re - delineated in 2021 for permitting associated with installation of an outfall pipe, and 2023 in association with the upgrade of the WWTP to 6 mgd. 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): Linda Diebolt and Keven Arrance Agency/Consultant Company: Hazen and Sawyer Other: 6. Future Project Plans 6a. Is this a phased project?* Yes No O 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? 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 0 2a1 Reason (?) 2b. Impact type * (?) 2c. Type of W. * 2d. W. name 2e. Forested" 2f. Type of Jurisdicition * (?) 2g. Impact area W1 Fill L NCWAMTYPES WA L-A Both 0.056 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.056 21. Comments: 6. Buffer Impacts (for DWR) 6a. Project is in which protect basin(s)? Check all that apply. Neuse Catawba Goose Creek Other 2g. Total Permanent Wetland Impact 0.056 Tar -Pamlico Randleman Jordan Lake 6b. Impact Type 6c. Per or Temp 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact 6g. Zone 2 impact B1 - Utility Line Installation - DA nn,i T UT to Terrible Creek No 556 1,371 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: 556.00 1,371.00 Zone 1 Zone 2 Total Permanent impacts: 0.00 0.00 Zone 1 Zone 2 Total combined buffer impacts: 556.00 1,371.00 6i. Comments: Buffer area being impacted by installation of the water line from Hilltop Road to the WWTP consists of maintained grass and is an area of buffer previously disturbed and permitted in 2015 in association with construction of the access road from Hilltop Road. E. Impact Justification and Mitigation 1. Avoidance and Minimization Q V 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Avoidance of all impacts is possible only with a no -build alternative, which does not meet the need of the project. During design, the project corridor was positioned to avoid and minimize impacts to jurisdictional features. Where avoidance of jurisdictional wetlands was not possible due to constraints, the limits of disturbance were reduced to the extent practicable. The fill of a small portion of the wetland is required in order to construct the new disc filters. The locations of the disc filters were dictated primarily by plant hydraulics/gravity flow from system to system throughout the treatment process. The need to have a maintained corridor within the fence line of the plant ensures safety of plant personnel and limits danger of damaging treatment plant equipment, which could lead to a disruption of treatment or wastewater spill. Additionally, a clear line of site is needed within the fence line of the plant in order for plant operations staff to easily assess safety and security concerns. The remainder of the wetland within the fenced portion of the WWTP will be impacted by loss of hydrology and is included herein as a permanent impact to the wetland. The portion of the wetland outside of the fenced portion of the WWTP will not be impacted by the proposed project. The project has been designed in accordance with applicable Minimum Design Criteria. During design, the construction corridor in jurisdictional areas was minimized to the extent practicable and the limits of disturbance within jurisdictional areas is 30-feet wide. The width of the permanent maintained access corridor associated with the pipe was designed to the minimum width practicable and does not exceed 30 feet. The project design includes anti - seep collar installation on the pipe downstream of the wetland area. The project design and specifications instruct the contractor to return all temporarily impacted jurisdictional areas to their pre -construction elevations and stabilize all stream banks using erosion control matting that does not contain plastic mesh and/or plastic twine within 60 days of construction completion. The project corridor crosses an existing culvert that will be removed for installation of the pipe. Post -pipe installation replacement of the culvert has been designed to ensure proper flow and aquatic life movement during low flow conditions. Best Management Practices are included in the project design to appropriately control erosion and sediment associated with the project. Any in -stream work will be performed in the dry via use of a diversion structure. Additionally, uncured concrete will not come in contact with stream waters. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Impacts to jurisdictional areas during construction will be limited to the extent feasible by performing as much work as is possible from upland areas. In areas of impact, silt fencing will be placed upgradient of the jurisdictional areas and all construction activity will be performed upgradient of the silt fencing. All disturbed areas, with the exception of WA that is being filled, will be returned to their original grade and seeded with a native seed mix within 90 days of completion of the project. Excavation of the pipe trench will be performed as prescribed by the USACE in jurisdictional areas and side casting of excavated material into abutting wetland areas will be avoided to the extent feasible. 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: Wetland impacts are minor with wetland impacts from fill being 0.056 acre. It should be noted that the area of wetland to be permanently impacted by the proposed WWTP upgrades was converted from forested to non -forested during the upgrade of the WWTP from 1 mgd to 3 mgd and mitigation for conversion associated with the 0.056-acre portion of the wetland included herein was obtained in 2015. 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 la. 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: * Not required per NC or US rules or regulations 8 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 induce growth in the service area. The population in the service area is anticipated to increase as the population in Fuquay Varina service area increases. The project will ensure that the residents of the service area have adequate and reliable wastewater treatment services. Existing ordinances and regulations, including the Clean Water Act, erosion and sediment control regulations, and storm water ordinances are expected to prevent impacts to downstream water quality due to development in the project service area. 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 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? A survey of the areas within and abutting the areas of land disturbance associated with the WWTP upgrade to 6 mgd were performed in October 2023 by qualified biologists. No specimens of any listed threatened or endangered species were identified during the survey. A review of the forested areas abutting and in proximity of the project corridor were assessed and no long leaf pine was found to be present. 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? Review of Essential Fish Habitat designations was performed online via the National Oceanic and Atmospheric Administration, National Marine Fisheries Service's Fish Habitat Mapper. 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 State Historic Preservation Office HPOWEB mapper. 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: No net fill will be placed in the floodplain and no change in capacity of the 100-year floodplain will occur from implementation of the proposed project. 8c. What source(s) did you use to make the floodplain determination? GIS data obtained from Wake County and the Town of Fuquay-Varina. 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 Terrible Creek PCN attachments.pdf 14.81 MB File must be PDF or KMZ Comments 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"); • 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: Linda Patricia Diebolt Signature Date 11 /9/2023