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HomeMy WebLinkAbout20240596 Ver 1_ePCN Application_20240419i 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# * 20240596 1 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: Buckeye Selma Terminal Expansion 1a. Who is the Primary Contact? * Grace Nottingham 1b. Primary Contact Email: * grace.nottingham@apexcos.com Date Submitted 4/19/2024 Nearest Body of Water Mill Creek (at Selma) Basin Nauss Water Classification WS-IV;NSW Site Coordinates Latitude: 35.555497 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Johnston Is this a NCDMS Project Yes No Longitude: -78.295275 What amount is owed?* $240.00 $323.00 Select Project Reviewer* Joseph Myers:joseph.myers 1c. Primary Contact Phone:* (804)971-0702 $570.00 $767.00 O 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 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 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: BUCKEYE SE TERMINALS LP 2b. Deed book and page no.: 06282-0352 2c. Contact Person: David Martin 2d.Address Street Address 4200 Westheimer Road Address Line 2 Suite 975 city State / Province / Region Huston TX Postal / Zip Code Country 77027 US Yes No Yes No 2e. Telephone Number: (281)768-1461 2g. Email Address:' dmartin@buckeye.com 3. Applicant Information (if different from owner) 3a. Name: David Martin 3b. Business Name: BUCKEYE SE TERMINALS LP 3c.Address Street Address 504 N. 19th St. Address Line 2 City Tampa Postal / Zip Code 18106 3d. Telephone Number: (281)768-1461 3f. Email Address:"` dmartin@buckeye.com 4. Agent/Consultant (if applicable) 4a. Name: Grace Nottingham 4b. Business Name: Apex Companies, LLC 4c.Address Street Address 203 Wylderose Ct Address Line 2 City Midlothian Postal / Zip Code 23113 4d. Telephone Number: (804)971-0702 4f. Email Address: grace.nottingham@apexcos.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Selma 2. Project Identification 2f. Fax Number: State / Province / Region FL Country US 3e. Fax Number: State / Province / Region Virginia Country us 4e. Fax Number: 2a. Property Identification Number: 2b. Property size: 260502-974849 27.5 2c. Project Address Street Address 4414 Buffalo Road Address Line 2 City Selma Postal / Zip Code 27576 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Mill Creek (at Selma) 3b. Water Resources Classification of nearest receiving water: WS-IV;NSW 3c. What river basin(s) is your project located in?* Neuse 3d. Please provide the 12-digit HUC in which the project is located. 030202011105 4. Project Description and History State / Province / 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 Selma Terminal currently includes seven refined petroleum storage tanks within a 27.5-acre parcel of land owned by Buckeye and recorded as North Carolina PIN 260502-974849. The proposed project area is generally bound by undeveloped and wooded land to the north, east and south. The existing infrastructure and tank field for the Selma Terminal is located to the immediate west of the project area. The project area is comprised of a mixed pine/hardwood forest atop gradually sloping topography that gently grades to the south and east. The forested community on site includes an area of palustrine forested wetland located in a headwater landscape with no stream channels. The land use in the vicinity of the project is also commercial and light industrial to the west and wooded to the north, south, and east. 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-2019-00044,SAW-2023-02323 4f. List the total estimated acreage of all existing wetlands on the property: 0.71 4g. List the total estimated linear feet of all existing streams on the property: 0 4h. Explain the purpose of the proposed project: The purpose of the proposed project is to expand storage capacity for refined petroleum products at the existing Buckeye Selma Terminal. The facility currently has seven storage tanks, and the proposed project would add one 124,000 bbl storage tank (Tank 48). The increased storage capacity is needed for Buckeye to provide a sufficient amount of refined petroleum products to customers in their service area and meet the current market demand. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * Fill material is required to expand the infrastructure of the existing tank field of the Selma Terminal and construct a new 124,000 barrel (BBL) tank at the northeast extent of the existing tank field. The amount of fill required in wetlands was minimized to the greatest extent practicable while still meeting the purpose and need of the proposed project. Fill proposed to be placed in potential wetlands located in the drainage ditch surrounding the existing tank field and in the PFO wetland in the southern portion of the site would result in less than 1/10th of an acre of permanent wetland impacts. The fill is needed for MLP to expand the tank field safely with enough room for the new tank (Tank 48), tank field infrastructure, and a spill retention wall. Equipment used includes front loader, excavator, tank jacking system, and crane. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No O Unknown 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-2023-02323 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Grace Nottingham Agency/Consultant Company: Apex Companies LLC 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 2. Wetland Impacts O Reason (?) 2b. Impact type" ("') 2c. Type of W. * 2d. W. name 2e. Forested" 2f. Type of Jurisdiciff (?) 2g• Impact area Access road P Unknown L No DWR 0.008 (acres) Tank pad P Unknown D-1 No DWR 0.040 (acres) F7] Tank pad P Headwater Forest �F-1 ]Ye=C.rlp. 0.038 acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.086 2i. Comments: Potentially wetland water is a headwater ditch constructed out of upland soil. E. Impact Justification and Mitigation 1. Avoidance and Minimization 2g. Total Permanent Wetland Impact 0.086 la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Offsite project locations were not practicable; therefore, an onsite alternatives analysis was used to compare a no -action and two action alternatives. Only the no -action alternative avoided wetland impacts, but was dismissed because it did not need the purpose and need of the project. Alternative 2 was selected as the preferred alternative because it minimized wetland impacts to less than 1/10th of an acre and meets criteria as the LEDPA. Compensatory mitigation is not proposed due to the <1/10th of an acres of wetlands proposed for impact. Prior to selecting this location, the project team assessed whether the tank could be placed near the southeastern corner of the project area (Alternative 1). Under this alternative, the footprint of construction for the new tank and its spill retention wall had a large overlap with the adjacent PFO wetland and would have increased wetland impacts when compared to Alternative 2. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: The construction of the access road will take advantage of the existing access path that is not forested. Construction teams will also utilize the existing graveled upland area to the northwest of the existing tank field as a staging area. 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: Impacts are less than 1/101h of an acre 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 If no, explain why: Project does not fall within Neuse River buffer, see buffer determination in attachment in Appendix D 2. Stormwater Management Plan O 2a. Is this a NC DOT 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 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. No urban growth is anticipated beyond that expected without the project. The project does not provided improved access to a previously inaccessible site. 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 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? NC NHP report, USFWS 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 fish 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 Natural Heritage Program, NC SHPO 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? FEMA FIRM map 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 Selma Terminal PSD_Draft_04172024reduced.pdf 48.48MB 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: Grace Nottingham Signature e*4W Qlaw-;510— Date 4/19/2024 v