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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