20240545 Ver 1_ePCN Application_20240410

DWR
Dki of Water Rftourc�
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
Charge 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 ortransmission ofenergy or
fuel, including natural gas, diesel, petroleum, or electricity?
Yes No
BIMS # Assigned Version#*
20240545 1
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Select Project Reviewer*
Tyler Hickman:Tyler.Hickman
Information for Initial Review
la. Name of project:
COURTESY COPY Baxter Levee Raise Project
la. Who is the Primary Contact?*
Jason Steele
1 b. Primary Contact Email:*
[e-mail]
Date Submitted
4/10/2024
Nearest Body of Water
North Fork Catawba River
Basin
Catawba
Water Classification
B, Tr
Site Coordinates
Latitude:
35.8385
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
McDowell
Is this a NCDMS Project
Yes No
Longitude:
-81.9938
Reviewing Office*
Asheville Regional Office - [phone]
1 c. Primary Contact Phone:*
[phone]
Is this project a public transportation project?*
Yes No

Ia. 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 subri
Yes
No
I b. 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):
1 d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular 401 Water Quality Certification - Express
Non-404 Jurisdictional General Permit Riparian Buffer Authorization
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: Yes No
For the record only for Corps Permit: Yes No
If. Is this an after -the -fact permit application? *
Yes No
Ig. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
fig. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
I h. 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
1 d. 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:
Baxter Healthcare Corp
2b. Deed book and page no.:
00329/0630
2c. Contact Person:
Stephen Pitman
2d. Address
Street Address
P.O. Box 1390
Address Line 2
city State I Province Region
Marion NC
Postal / Zip Code Country
28752 us

2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Stephen Pitman
3b. Business Name:
Baxter Healthcare Corp
X Address
Street Address
65 Pitts Station Road
Address Line 2
city
Marion
Postal / Zip Code
28752
3d. Telephone Number:
[phone]
3f. Email Address:
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Jason Steele, PhD, PWS
4b. Business Name:
Freese and Nichols, Inc.
4c. Address
Street Address
531 N. Liberty St
Address Line 2
city
Winston-Salem
Postal / Zip Code
27101
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
I b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Marion
2. Project Identification
2f. Fax Number:
State / Province / Region
NC
Country
us
3e. Fax Number:
State / Province / Region
NC
Country
us
4e. Fax Number:
2a. Property Identification Number: 2b. Property size:
1717-12-6528
1:21

2c. Project Address
Street Address
65 Pitts Station Road
Address Line 2
city
Marion
Postal / Zip Code
28752
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
North Fork Catawba River
3b. Water Resources Classification of nearest receiving water:
B, Tr
3c. What river basin(s) is your project located in?*
Catawba
3d. Please provide the 12-digit HUC in which the project is located.
030501010202
4. Project Description and History
State / Pmvince / Region
NC
Country
us
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 supports two channels of the North Fork Catawba River. The channels split approximately 1.2 miles upstream and rejoin at the downstream extent of the project. No wetlands are
present within the project area. The land cover is mixed hardwood forest along the riverside (north) of the levee and maintained industrial facility on the southside of the levee. The
receiving waters from the Site (North Fork Catawba River) have been classified as a Category 5 Stream approximately 3 stream miles downstream in 2020. ATMDL has not been
completed for this section of stream.
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:
4g. List the total estimated linear feet of all existing streams on the property:
2513
4h. Explain the purpose of the proposed project: *
The 1.29 acre project area is located within the Baxter International facility located in North Cove, McDowell County, North Carolina. The site lies within the Upper Catawba Basin (USGS
hydrologic unit code 03050101). The site is located along the North Fork Catawba River, which splits into two streams upstream of the Baxter levee area. The site lies entirely within
designated trout watershed. Baxter International, Inc. (Baxter) and Freese and Nichols, Inc. (FNI), are designing upgrades to the existing flood control levee located at the Baxterfacility in
North Cove, North Carolina. The existing levee was constructed in the early 1970s to provide flood protections against 100-year floods at the facility from the North Fork Catawba River.
FNI was retained to inspect and evaluate the levee for 100-year and 500 year flood protections. Based upon flood modeling, the level will require additional height in order to mitigate 500-
year flood waters, and the riverside section of the levee will require removal of woody vegetation that is compromising the integrity of the existing levee. The riverside slope of the existing
levee is currently vegetated with trees and herbaceous plants. Portions of the proposed clearing and grubbing area are located within the 25-foot trout buffer area. Due to the large clearing
area, crossing the stream and temporary clearing along the far stream bank will be required in two locations. Baxter will be applying for a Nationwide Permit 3 for temporary stream
crossings to facilitate the clearing. It is anticipated that Baxter will maintain the levee in herbaceous vegetation via mowing during the growing season at least annually after tree clearing
and grubbing is completed. Mowing operations will require installation of the temporary stream crossings in order to access the entirety of the levee area. All temporary crossings will be
removed, and the areas restored to pre -event conditions upon completion of clearing and mowing operations.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The project will clear woody vegetation along the river side of the existing levee in order to maintain levee integrity.
Access to the levee area that will be cleared of woody vegetation will require temporarily crossing the small North Fork Catawba channel in two areas — STA 11 +00 and STA 12+00. The
temporary crossings will use timber mats or comparable structures to span the channel. Appropriate erosion and sedimentation controls will be in place for the entirety ofthe work, and all
areas will be stabilized and all impacted soil areas will be restored to pre -construction conditions or stabilized with temporary and permanent seed mix at the conclusion ofthe clearing and
grubbing.
It is anticipated that there will be areas where soil may be graded to facilitate crossing of the streams with the temporary structures. Any areas of temporary disturbance for project
activities will be returned to pre -construction conditions upon completion of earthmoving activities
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?
Yes
Comments:
No
5b. If the Corps made a jurisdictional determination, what type of determination was made? *
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
Unknown
5c. If 5a is yes, who delineated the jurisdictional areas?

Name (if known):
Agency/Consultant Company: Freese and Nichols, 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?
No other permits intended for proposed project.
D. Proposed Impacts Inventory
1. Impacts Summary
I a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries El Buffers
Open Waters Pond Construction
3. Stream Impacts
3a. Reason for impa
Stream Crossing
3c. Type of impact*
Other J
me*
N Fork Catawba River—
3e. Stream Type*
3f. Type of
Jurisdiction
Both
3h. I
Ileng
Stream Crossing
Other —]
N Fork Catawba River
Both
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
0
3i. Total stream and ditch impacts:
97
3j. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
3i. Total temporary stream impacts:
97
Ia. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Stream crossings were limited to the areas where the stream is most narrow to minimize potential impacts. Areas adjacent to the stream that will be
cleared will have double layer silt fence installed to facilitate capture of any disturbed soil runoff that may occur as a result of the tree clearing and
grubbing. Grubbing areas will be stabilized with appropriate stabilization seed mixes where bare soil is exposed during project activities.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Tree removal will be facilitated by the most compact equipment possible for the task, as the levee area is narrow along the stream and will not allow for
large equipment use. The top of the levee is too narrow and is not designed for load bearing equipment, thus all work must be facilitated from the bottom
of the slope.
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:
No permanent impacts or loss of aquatic function will occur as a result of project activities.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
Ia. 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:
Project is outside of the Catawba River basin riparian buffer protection area.
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
Ia. 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 WaterorWetland 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 area directly adjacent to the proposed levee work is already developed as an industrial facility, no further development potential exists.
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
Sc. 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?
USFWS IPaC
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?
NOAA EFH 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 SHPO HPOWeb
8. Flood Zone Designation (Corps Requirement)
Ba. Will this project occur in a FEMA-designated 1 00-year floodplain? *
Yes No
8c. What source(s) did you use to make the floodplain determination?
NC Floodplain Mapping
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 hem to attach document
1. Baxter Levee Raise PJD Request.pdf
16.69MB
2. Baxter T&E withSCT.pdf
1.67MB
3. Baxter WOTUS Impact Mapping.pdf
1.68MB
4. Baxter 100% Plan Set.pdf
26.59MB
5. Tree Clearing Extents 24 0116.kmz
1.72KB
File must be PDF or KMZ
Comments
Attachments include:
1. PJD Request
2.T&E documentation, including Species Conclusion Table (SCT)
3. Impact Mapping
4. 100% Plan Set
5. KMZ of Tree Clearing Area
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.
have given true, accurate, and complete information on this form;
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:
Jason Steele
Signature
)1"16*
Date
4/10/2024
8