20240358 Ver 1_ePCN Application_20240227

i DWR
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.
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 Version# *
20240358 1
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Mooresville Regional Office - [phone]
Information for Initial Review
la. Name of project:
Oakboro West Stanly WWTP expansion
1a. Who is the Primary Contact?*
Gerald Pottern, Mogensen Mitigation Inc
1b. Primary Contact Email: *
[e-mail]
Date Submitted
2/27/2024
Nearest Body of Water
Rocky River, Big Bear Creek, Horse Branch
Basin
Yadkin-PeeDee
Water Classification
Class C
Site Coordinates
Latitude:
35.2356
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Stanly
Is this a NCDMS Project
Yes No
Longitude:
-80.2690
What amount is owed?*
$240.00
$323.00
Select Project Reviewer*
Andrew Pitner:andrew.pitner
1c. Primary Contact Phone:*
[phone]
$570.00
$767.00
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:
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)
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
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. Name(s) on recorded deed:
Stanly County Utilities
2b. Deed book and page no.:
Deed Book 1488 / Page 194
2c. Contact Person:
Duane S. Wingo, Utilities Director
2d.Address
Street Address
1000 North First St, Suite 12
Address Line 2
City State / Province / Region
Albemarle NC
Postal / Zip Code Country
28001 USA
Yes No
Yes No

2e. Telephone Number: 2f. Fax Number:
[phone]
2g. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Gerald Pottern
4b. Business Name:
Mogensen Mitigation Inc
4c.Address
Street Address
104 East Chestnut Ave
Address Line 2
City
State / Province / Region
Wake Forest
NC
Postal / Zip Code
Country
27587
USA
4d. Telephone Number: 4e. Fax Number:
[phone]
4f. Email Address:"`
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Oakboro
2. Project Identification
2a. Property Identification Number:
see attached Table 2
2c. Project Address
Street Address
24939 Barbees Grove Rd (wastewater treatment plant)
Address Line 2
city
Oakboro
Postal / Zip Code
28129
3. Surface Waters
3a. Name of the nearest body of water to proposed project: "
Rocky River, Big Bear Creek, Horse Branch
3b. Water Resources Classification of nearest receiving water:
Class C
3c. What river basin(s) is your project located in?*
Yadkin-PeeDee
3d. Please provide the 12-digit HUC in which the project is located.
03040105-0405 & 03040105-0406
4. Project Description and History
2b. Property size:
see attached Table 2
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 existing Oakboro wastewater treatment plant is on a 4 acre site adjacent to Big Bear Creek and private agricultural land. The proposed wastewater force mains will be installed
alongside the existing force mains, mostly along public roadsides (4.0 miles). The off -road segments (1.8 miles) are mostly through agricultural fields and powerline rights -of -way. The
western portion of the project area near Oakboro contains recent residential and commercial development, while the central and eastern portions are mainly low -density rural residential,
agricultural, and undeveloped lands. The existing effluent discharge is on the north bank of Rocky River adjacent to agricultural and forest lands.
L

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:
none
4g. List the total estimated linear feet of all existing streams on the property:
3,000 feet
4h. Explain the purpose of the proposed project:*
The project includes 3.4 miles of new raw wastewater (influent) force main from the McCoy pump station in Oakboro eastward to the existing Oakboro WWTP site on Barbees Grove Rd,
and 2.4 miles of treated effluent force main from the WWTP site southeastward to the existing discharge point on Rocky River 300 feet upstream of the confluence with Long Creek. The
new lines will be mostly along roadsides, and the off -road segments are mostly in agricultural fields adjacent to the existing force mains. The fenced WWTP site will be expanded from the
existing 4 acres to 23 acres (adjacent farmland to be purchased), and WWTP treatment capacity will be expanded to 2.5 million gallons per day. The project is needed to meet projected
wastewater treatment capacity needs resulting from expected residential and commercial growth in the service area.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The proposed construction on the WWTP site is entirely in uplands and will not directly affect jurisdictional waters. The new influent and effluent force mains will cross 4 perennial or
intermittent streams Qurisdictional) and 8 ephemeral channels (non-jurisdctional) using open -cut trench installation. The new 16-inch diameter influent force main will replace an existing
10-inch diameter line that will be removed. The new 20-inch diameter effluent force main pipe lines will be parallel to the existing 12-inch diameter line which will be left in place. Class B
riprap will be placed at all stream crossings to stabilize the stream bed and banks, and disturbed lands will be promptly reseeded following an erosion and sedimentation specifications.
The effluent discharge into Rocky River will remain at the existing location, with a new 24-inch discharge pipe and a diffuser check valve to prevent river water from backing up into the
pipe during flood events. See attached cover letter for further description.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?
Yes No Unknown
Comments:
Mogenesen Mitigation Inc. delineated waters in 2022-2023
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): Gerald Pottern
Agency/Consultant Company: Mogenesen Mitigation Inc.
Other:
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?
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
3. Stream Impacts
❑
3a. Reason for impact (?)
3b.lmpact type*
3c. Type of impact*
3d. S. name*
3e. Stream Type*
3f. Type of
3g. S. width
3h. Impact
(?)
Jurisdiction*
length*
S1
force main trench
Permanent
Rip Rap Fill
S12 Horse Branch
Perennial
Both
25
16
Average (feet)
(linear feet)
S2
force main trench
Permanent
Rip Rap Fill
5-15 Long Cr trib
Perennial
Both
10
28
Aveage (feet)
(linear feet)
S3
effluent discharge
Permanent
Rip Rap Fill
S-16 Rocky River
Perennial
Both
_]
Aveage (feet)
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0

3i. Total permanent stream impacts:
50
3i. Total temporary stream impacts:
0
3i. Total stream and ditch impacts:
50
3j. Comments:
Riprap will placed on the stream bed and banks after open -cut trenching to install the force main pipeline. There is already some riprap in the stream at
these crossings and at the outfall. The stream bed elevations will not change significantly and there will be no loss of stream function.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The project follows existing roadsides and utility rights -of way to the extent practicable to minimize impacts to previously undisturbed streams and
riparian forests. The old force main will be removed and the new one laid in its place along most of the alignment.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Construction and site stabilization will be in accordance with an Erosion and Sedimentation Control Plan approved by the NC-DEMLR, including silt
fencing, erosion control wattles, and culvert inlet protection. A temporary cofferdam and bypass pump will be used at crossing S-13 where a bore -and -
jack pit is needed to install the force main under the railroad. See attached cover letter for further discussion.
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:
The project meets NWP-58 conditions and impacts do not exceed thresholds that require compensatory mitigation.
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:
Rocky River watershed in the Yadkin-PeeDee basin does not require riparian buffers.
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:
Force mains will be buried and no new impervious surface area will be added except for the new WWTP facilities.
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
1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House?
Yes No
Comments:*
NEPA review for the original project design was conducted during 2022 to 2023. The effluent force main alignment between the Oakboro WWTP and
Barbees Grove Rd was revised in December 2023, and additional comments were received in January 2024. USDA and State Clearinghouse
completion of NEPA review for the revised project is expected in the next few weeks.
2. Violations (DWR Requirement)
O
n

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
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
What Federal Agency is involved?
USDA Rural Development
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
Unknown
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 FWS-IPaC list, December 8, 2023, lists five protected species known from Stanly County or nearby areas. MMI conducted habitat surveys for these
species in Aug -Sep 2022 and Dec 2023, and consultation with FWS and NC-WRC was conducted during the NEPA review process. See the attached
cover letter for further information on listed species and potential impacts.
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 National Marine Fisheries Service (NMFS) Essential Fish Habitat Mapping Tool indicates no EFH in the project vicinity.
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? *
The State Historic Preservation Office online database (http://gis.ncdcr.gov/hpoweb/) includes three historic structures within 0.2 mile of the project
corridors, but none is listed or determined eligible for listing in the National Register. An archaeological consultant surveyed the off -road segment
between the WWTP and Barbee Grove Rd and found no significant artifacts.
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 entire WWTP plant including all new treatment facilities will be above the 100-yr base flood risk elevation of 299 ft along Big Bear Creek. All force
mains will be buried below grade and will not affect flood elevations. None of the proposed stream crossings are mapped as flood risk areas. The base
flood elevation in Rocky River at the effluent discharge outlet is 285 ft. The river is 200 ft wide and the discharge pipe and riprap will have negligible
effect.
8c. What source(s) did you use to make the floodplain determination?"
NC Flood Mapping Program: https://flood.nc.gov/
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
JD-PCN Applic Oakboro Binder1.pdf 6.56MB
Oakboro WW Plan Sheets Wooten.pdf 6.77MB
File must be PDF or KMZ
Comments
Attachments:
1) JD-PCN cover letter & support files binder
2) Wooten Engineering plan sheets
Signature 6
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:
Gerald Pottern
Signature
14"
Date
2/27/2024