HomeMy WebLinkAbout20120083 Ver 5_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# *
20120083 5
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Central Office - (919) 707-9000
Information for Initial Review
la. Name of project:
Kings Bluff Raw Water Main; Phase 2B
1a. Who is the Primary Contact?*
Kim Williams - Davey Resource Group, Inc.
1b. Primary Contact Email: *
kim.williams@davey.com
Date Submitted
4/19/2024
Nearest Body of Water
Indian Creek; Cape Fear River
Basin
Cape Fear
Water Classification
C; Sw
Site Coordinates
Latitude:
34.324581
A. Processing Information
Longitude:
-78.051366
Is this project connected with ARPA funding?
Yes No
Please provide the DWI ARPA Funding Project Number (le: SRP-W-ARP-0321)
SRP-D-ARP-0170
County (or Counties) where the project is located:
Brunswick
New Hanover
What amount is owed?*
$240.00
$323.00
Select Project Reviewer*
Sue Homewood:Sue.Homewood
1c. Primary Contact Phone:*
(910)452-0001
$570.00
$767.00
N
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:
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:
401 Water Quality Certification - Express
Riparian Buffer Authorization
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
1i. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
Yes No Unknown
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:
Lower Cape Fear Water and Sewer Authority
2b. Deed book and page no.:
2c. Contact Person:
Tim Holloman
Yes No
Yes No
2d. Address
Street Address
107 New Pointe Blvd Suite 17
Address Line 2
City
Leland
Postal / Zip Code
28451
2e. Telephone Number:
(910)383-1919
2g. Email Address:*
director@lcfwasa.gov
4. Agent/Consultant (if applicable)
4a. Name:
Kim Williams
4b. Business Name:
Davey Resource Group, Inc.
4c.Address
Street Address
3805 Wrightsville Avenue; Suite 15
Address Line 2
city
Wilmington
Postal / Zip Code
28403
4d. Telephone Number:
(910)452-0001
4f. Email Address:*
kim.williams@davey.com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Leland
2. Project Identification
2a. Property Identification Number:
public utility easement
2c. Project Address
Street Address
Mt. Misery Road; Dogwood Rd, Hwy 421
Address Line 2
City
Leland
Postal / Zip Code
28451
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Indian Creek; Cape Fear River
3b. Water Resources Classification of nearest receiving water:
C; Sw
3c. What river basins) is your project located it *
Cape Fear
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
2b. Property size:
- 41 acres
State / Province / Region
NC
Country
USA
3d. Please provide the 12-digit HUC in which the project is located.
030300050501
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 corridor spans from Mt. Misery Road to east of the Cape Fear River. The southern and northern portions consists of an existing, maintained utility corridor that is mowed frequently. In
these areas, uplands support common grasses such as bermuda, andropogon, and panicum. Wetlands support herbaceous species such as carex, juncus, and broomsedge. Several
streams and the Cape Fear River cross the corridor. The middle section of the corridor is located within forested habitat. Uplands typically support a canopy of Ioblolly pines and a fairly
dense shrub and midstory layer of young pines, sweetgum, red maple, wax myrtle and Chinese privet. Wetland drains that run through this middle section support mostly red maple, with
some bald cypress and black gum near waterbodies. Two stream systems have been affected by beaver dams and contain ponded wetlands on either side. These areas are identified as
open water (OW1 and OW2).
Adjacent land use is mostly undeveloped and forested. An industrial plant (Dupont) is located adjacent to the central portion of the corridor and a sand mine is located adjacent to the
corridor in the northern part. Railroad tracks run parallel to the southern and middle sections of the corridor.
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).
Section 404/401 permits were obtained for Phase 1 of the project several years ago (separate and complete phase). Additionally, a PCN was submitted for Phase 2A in March of 2024.
4f. List the total estimated acreage of all existing wetlands on the property:
12 acres
4g. List the total estimated linear feet of all existing streams on the property:
600
4h. Explain the purpose of the proposed project:
The LCFWSA owns and operates approximately 24 miles of raw water transmission pipeline that deliver raw water to BCU, CFPUA, PCU, and several industries on US 421. Increasing
raw water demands and multiple pipeline failures over the past decade have led to the LCFWSA and its partners investing in a new parallel raw water transmission main to provide
redundancy and resiliency in the region's main source of drinking water. Construction of the first parallel section (14 of the 24 miles) was completed and placed into service in 2022 (Phase
1). The LCFWSA, along with CFPUA and Pander County have worked to secure funding to complete construction of the remaining 10 miles of parallel pipeline (Phases 2 & 3). A
combination of federal grants, state grants, and CWSRF loans have been identified and allocated to complete the project.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
This phase of the project includes the installation of a 54" diameter water main within 4.5 miles of the corridor which will span from Mt. Misery Road to an interconnection east of the Cape
Fear River. A total of 5.2 acres of temporary wetland impacts (14 impact locations), 354 LF of temporary stream impacts (6 impact locations), and 3.72 acres of temporary open water
impacts (13 locations) are proposed. The easement is a total of 75 feet wide. An existing water line currently runs through the easement and the southern and northern sections of the
corridor are mowed. But some limited tree clearing will be needed in these sections to widen the corridor. The middle of the corridor is located within forested habitat and some additional
tree clearing will be needed to install the line. The construction corridor width will vary, but has been reduced to 40 feet in wetlands/streams to minimize temporary impacts. Installation of
the 54" diameter water line will be accomplished via open cut excavation. The excavated material will be temporarily stockpiled in the construction corridor until the pipe is installed and the
material compacted in the piping trench. The contractor will then return the jurisdictional areas to their original grade. Organic material removed from the trench will be returned to the top
12" and the area will be seeded with a wetland seed mix. Six stream crossings are needed in Phase 2B. The construction corridor of the stream crossing is 40 LF. Dewatering will be
needed for the smaller streams and a pump -around system will be used and located within the limits of impact as depicted on the drawing.
The utility line will also be installed across the Cape Fear River via open cut methods as well, which is detailed in the attached narrative. Note that there is a 140-ft wide USACE navigation
channel in the center of the Cape Fear River at this crossing, which has a maintained depth of -12 feet. The depth of the channel ranges from -28' to -32' below MLW within this navigation
channel. The pipe will be installed below grade.
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:
SAW-2023-02408
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Cameron Owens
Agency/Consultant Company: DRG
Other:
G Unknown
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
David Moose verified the delineation in the field on 2/1/24. A PJD has not yet been issued.
6. Future Project Plans
6a. Is this a phased project?*
Yes 0 No
6b. If yes, explain.
The overall project is large in scope and has several funding sources. It is being phased by timeframe and funding source. Note that each phase is separate and complete. Phase 2
Segment A (PCN submitted in March) will extend the 54" parallel raw water transmission main from the Brunswick County Northwest Water Plant and LCFWSA 3 MG Reservoir
approximately 2.5 miles to a new interconnection with the existing 48" raw water transmission main near the Mt. Misery Rd crossing. The end of the 54" pipe will be capped until the next
phase starts. Valving at the interconnection allows all of the pipe to be operational and not dependent on the next phase. This phase will be funded by ARPA federal funds. This phase
(Phase 2 Segment B) will extend from the Mt. Misery Rd interconnection across the legacy Dupont property and the Cape Fear River to Pander's Water Treatment plant. This phase will be
funded by a combination of ARPA funds and State Grant (HB 259). The third and final phase (Phase 3) of this project will extend from Pender's Water Plant to the CFPUA meter vault
along the US 421 corridor. This phase will be funded by NC-CWSRF funds. Attached is a map that shows the phasing, including funding sources and start/stop points. Note that the
entirety of Phase 3 is not shown on this map as they are still assembling these drawings. Each phase is independent from each other since they can be funded separately and each
section is operational without the other.
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?
Yes. A PCN has been submitted for Phase 2A, which is related to Phase 2B, but is another single and complete project.
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries O Buffers
Open Waters Pond Construction
2. Wetland Impacts
2a1 Reason (?)
2b. Impact type* (?)
2c. Type of W. *
2d. W. name
2e. Forested *
2f. Type of Jurisdicition *
?)
2g. Impact
area *
W1
Utility Line Installation
T
ine Swamp Forest
Fr
W17
No
Both
0.110
(acres)
W2
Utility Line Installation
T
rverine Swamp Forest
W18
Yes
Both
0.310
(acres)
W3
Utility Line Installation
T
iverine Swamp Forest
f
W20
Yes
Both
0.070
(acres)
W4
Utility Line Installation
T
f7verine Swamp Forest
W21
Yes
Both
0.020
(acres)
W5
Utility Line Installation
T
f711-rine Swamp Forest
W22
Yes
Both
0.050
(acres)
W6
Utility Line Installation
T
iverine Swamp Forest
f
W22
Yes
Both
0.010
(acres)
W7
Utility Line Installation
T
f7verine Swamp Forest
W23
Yes
Both
0.060
(acres)
W8
Utility Line Installation
T
Riverine Swamp Forest
W24
Yes
Both
0.010
(acres)
W9
Utility Line Installation
T
f711-rine Swamp Forest
W24
No
Both
2.540
(acres)
W10
Utility Line Installation
T
f7verine Swamp Forest
W25
No
Both
1.300
(acres)
W11
Utility Line Installation
T
f7verine Swamp Forest
W26
No
Both
0.340
(acres)
W12
Utility Line Installation
T
f7verine Swamp Forest
W27
Yes
Both
0.160
(acres)
W13
Utility Line Installation
T
f7verine Swamp Forest
W28
No
Both
0.200
(acres)
W14
Utility Line Installation
T
___]
Riverine Swamp Forest
W29
No77
DWR
0.020
(acres)
2g. Total Temporary Wetland Impact
5.200
2g. Total Wetland Impact
5.200
2g. Total Permanent Wetland Impact
0.000
21. Comments:
Of the 5.2 acres of temporary wetland impacts, 1.28 acres are forested wetlands that will be converted to mowed herbaceous wetlands. The remaining
wetlands are currently in a maintained easement.
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*
g1
Utility Line Installation
Temporary
Excavation
S10
Intermittent
Both
100
Averege (feet)
(linear feet)
S2
Utility Line Installation
Temporary
Excavation
S5
Perennial
Both
78
Average (feet)
(linear feet)
S3
Utility Line Installation
Temporary
Excavation
S6
Intermittent
Both
40
Average (feet)
(linear feet)
S4
Utility Line Installation
Temporary
Excavation
S9
Intermittent
Both
56
Averege (feet)
(linear feet)
S5
Utility Line Installation
Temporary
Excavation
S7
Intermittent
Both
40
Averege(feeq
(iinearfeet)
S6
Utility Line Installation
Temporary
Excavation
SS
Intermittent
Both
40
Averege (feet)
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts:
0
3i. Total stream and ditch impacts:
354
3j. Comments:
4. Open Water Impacts
31. Total temporary stream impacts:
354
4a. Site #
4a1. Impact Reason
4b. Impact type
4c. Name of waterbody
4d. Activity type :114e.
Waterbody type
4f. Impact area
OW1
Utility Line Installation
T
T18 ii
Excavation 11
Ditch
0.01
OW2
Utility Line Installation
T
T2
Excavation
_11
Tributary
3.00
OW3
Utility Line Installation
T
T4
Excavation
Ditch
0.01
OW4
Utility Line Installation
T
T5
Excavation
Ditch
0.24
OW5
Utility Line Installation
T
T6
Excavation
Ditch
0.14
OW6
Utility Line Installation
T
T7
Excavation
Ditch
0.04
OW7
Utility Line Installation
T
T8
Excavation 11
Ditch
0.01
OW8
Utility Line Installation
T
_11
T9
Excavation 11
Ditch
0.01
OW9
Utility Line Installation
T
OW1
Excavation
_11
Tributary
0.04
OW10 & 11
Utility Line Installation
T
T10 & T17
Excavation
Ditch
0.01
OW12
Utility Line Installation
T
T11
Excavation
_11
Ditch
0.01
OW13
Utility Line Installation
T
R1
Excavation
Other
0.20
4g. Total temporary open water Impacts:
3.72
4g. Total open water impacts:
3.72
4h. Comments:
OW13 is the Cape Fear River (Section 10 Waters)
E. Impact Justification and Mitigation
1. Avoidance and Minimization
4g. Total permanent open water impacts:
0.00
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The construction corridor will be reduced to 40 LF at the wetland/stream crossings to minimize impacts to these resources. The corridor within the Cape
Fear River crossing has been minimized to 20 LF. Impacts are temporary and jurisdictional features will be restored to pre -construction contours once
the pipe is installed. Much of the pipe will be placed within an existing maintained corridor for to avoid impacts to forested features. Avoidance and
minimization measures related to the Cape Fear River crossing are summarized in an attachment.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Erosion control measures will be put into place prior to construction.
L
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
2c. If yes, mitigation is required by (check all that apply):
DWR Corps
2d. If yes, which mitigation option(s) will be used for this project?
Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
Lower Cape Fear Umbrella Mitigation Bank
3b. Credits Purchased/Requested (attach receipt and letter)
Type: Quantity:
Riparian wetland 1.28
3c. Comments
A 1:1 mitigation to impact ratio is proposed for the permanent conversion of forested wetlands to a mowed wetland habitat.
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:
Site is located within the Cape Fear River Basin, which does not have State Riparian Buffer Rules.
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: *
No EA was required.
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 proposed water main will not expand capacity. It will provide redundancy and resiliency to the region's main source of drinking water.
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
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 NC Natural Heritage Program database was reviewed to determine if any rare species are known to occur on or near the site. According to their
files, the federally listed red -cockaded woodpecker is shown to occur within the site (2015). This appears to be an occurrence from the 421 Sand Ridge
area, which overlaps with the eastern portion of the Phase 2B corridor. This section of the corridor is mostly a maintained corridor, but some trees will
need to be removed and/or trimmed. These areas are generally densely vegetated with a mix of hardwoods and pines. The USFWS IPaC database was
also reviewed and several species were identified as potentially occurring in the region. The shortnose sturgeon and Atlantic sturgeon are known to
occur in the Cape Fear River. Work in the river will be conducted outside of the anadramous fish spawning moratorium to avoid impacts to these
species. Please see the attached EFH and T&E narrative, which discusses these species. A northern -long eared bat (NLEB) Determination Key was
prepared for the project and resulted in a MANLAA.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?
Yes No
Are there submerged aquatic vegetation (SAV) around the project vicinity?"
Yes No O Unknown
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?
According to the NOAA EFH Mapper, the Cape Fear River at the proposed crossing is HAPC for Penaeid Shrimp. It is also EFH for Coastal Migratory
Pelegics & Snapper Grouper. This portion of the river is also classified as Primary Nursery Area. Attached is a narrative describing avoidance and
minimization measures related to EFH.
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?
Engineer contacted SHPO and they had no comments (attached).
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 engineer will ensure that FEMA floodplain requirements are met.
8c. What source(s) did you use to make the floodplain determination?"
FEMA Flood Map Service Center website
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
KB Phase 2B Attachments.pdf 29MB
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:
Kim Williams
Signature
WIMI -If
Date
4/19/2024
M