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HomeMy WebLinkAbout20240999 Ver 1_ePCN Application_20240719DW R DHlsloo 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# * 20240999 1 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 1a. Name of project: Brunswick H2Go Wells 6-7-8 and Access Road la. Who is the Primary Contact?* Gerald Pottern 1b. Primary Contact Email: * gerald@mogmit.com Date Submitted 7/19/2024 Nearest Body of Water Morgan Branch Basin Cape Fear Water Classification Class C-swamp Site Coordinates Latitude: 34.2109 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Brunswick Is this a NCDMS Project Yes No Longitude: -78.0753 What amount is owed?* $240.00 $323.00 Select Project Reviewer* Sue Homewood:Sue.Homewood 1c. Primary Contact Phone:* (919)556-8845 $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 Are you a federal applicant?" Yes No If yes, please provide a statement concerning compliance with the Coastal Zone Management Act." There is no tidal waters, tidal wetlands, or ORW waters subject to CAMA permitting in the project area. 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 401 Water Quality Certification - Express Riparian Buffer Authorization 1e. 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 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: Town of Leland 2b. Deed book and page no.: Book: 04752 / Page: 0274 2c. Contact Person: Bob Walker, Brunswick Regional Water H2Go 2d. Address Street Address P.O. Box 2230 Address Line 2 city Leland Postal / Zip Code 28451 2e. Telephone Number: (910)371-9949 2g. Email Address:* bwalker@h2goonline.com 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 Wake Forest Postal / Zip Code 27587 4d. Telephone Number: (919)556-8845 4f. Email Address:* gerald@mogmit.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: 0460002701 2c. Project Address Street Address 500 Wolfridge Rd NE Address Line 2 City Leland Postal / Zip Code 28451 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Morgan Branch 3b. Water Resources Classification of nearest receiving water: Class C-swamp 3c. What river basins) is your project located it * Cape Fear State / Province / Region NC Country us 2f. Fax Number: State / Province / Region INC Country us 4e. Fax Number: 2b. Property size: 8.9 +2 well sites & access road State / Province / Region NC Country 3d. Please provide the 12-digit HUC in which the project is located. 03030005-0603 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 three proposed well sites are located immediately east of the Interstate 1-140 right-of-way fence and approximately 5,000 feet apart from each other. The proposed raw water line connecting the new wells to an existing line will run for 10,400 feet alongside the highway right-of-way, 1,100 feet off -road through forest, and 4,800 feet alongside Wolfridge Rd. The segments along the highway right-of-way and off -road are undeveloped and mostly forested. Two small headwater streams with adjacent swamp forests are located south and east of the southernmost well site (Well-6). Land from Well-6 north to Well-8 is mostly pine plantation on ditched and drained flatwoods wetlands. The segment along Wolfridge Rd is mostly rural residential development. The connection point to the existing raw water line is near the corner of Wolfridge Rd and Goodman Rd. See further description in the attached cover letter. 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-2017-00627 4b(2). Is Any Portion of the Work Already Complete? Yes No If yes, describe the completed work. The H2Go water treatment plant and first five wells were built in 2021. 4c. List of Other Certificates or Approvals/Denials received from other Federal, State, or Local Agencies for Work Described in This Application. not related to the 404 or 401. 4f. List the total estimated acreage of all existing wetlands on the property: 4.5 acres jurisdictional, 12.9 acres isolated non -jurisdictional 4g. List the total estimated linear feet of all existing streams on the property: 850 feet 4h. Explain the purpose of the proposed project: * The H2Go service area (Leland, Navassa, Belville, and surrounding areas) is growing rapidly and the proposed three new wells are needed to meet future water demand. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The access road for building and servicing all three wells will begin on Buckeye Road NE approximately 450 feet northeast of Well 6. It will parallel the north edge of Well-6 westward to the highway right-of-way fence, then follow the right-of-way northward from Well-6 for approximately 10,200 feet to Well-8. The access road will be 20 feet wide on top with a footprint ranging from 25 to 40 feet wide depending on the depth of fill required. The road will be built first, followed by the wells and raw water line. The line will be installed directly beneath the road by horizontal directional drilling (HDD) except for the segments within 100 to 200 feet from each well which must be installed by open trenching in order to connect the wells. No permanent access road will be needed along the water line south of Well-6. Most of the off -road water line segment south of Well-6 will be installed by HDD except for the northernmost 200 feet near Well-6. Construction of Well-6 and the access from Buckeye Road will require clearing 1.5 acre, of which 0.9 acre will be permanently maintained and 0.6 acre will be allowed to reforest. Construction of Well-7 and Well-8 will require clearing 0.7 acre each, of which 0.4 acre will be permanently maintained and 0.3 acre will be allowed to reforest. The project will support additional land development in the H2Go service area and may thus indirectly contribute to additional impacts to streams, wetlands, and forests, but it is not a primary driver of development. See further description in the attached cover letter. 4k. Will this activity involve dredging in wetlands or waters? Yes No If yes, Describe the type of dredging, the composition of the dredged material and the location of disposal area. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas? Yes No O Unknown Comments: delineated Nov 2023 - Feb 2024. 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: Mogensen Mitigation Inc. Other: 6. Future Project Plans 6a. Is this a phased project?* Yes OO 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? 7. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (if more than can be entered here, please attach a supplemental list) See Figure 7 in attached supporting files. S. Scheduling of Activity: Fall 2024 to Spring 2025 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 U 2a1 Reason (?) 2b. Impact type* (?) 2c. Type of W. 2d. W. name 2e. Forested* 2f. Type of Jurisdicition * ?) 2g• Impact area Fig 6A buried pipe perm P Fttomland Hardwood Forest W-A-swamp Yes Both 0.067 (acres) Fig 6A pipe temp clear T Bottomland Hardwood Forest W-A-swamp Yes Both 0.048 (acres) Fig 6B well 6 fill +grade 1p Pine Flat W-B-pineflat Yes Both 0.089 (acres) Fig 6B well-6 temp clear T Pine Flat W-B-pineflat Yes Both 0.262 (acres) Fig 6B access rd east P follomlancl Hardwood Forest W-B-swamp Yes Both 0.172 (acres) Fig 6C access rd north P Pine Flat W-B-pineflat Yes Both 0.286 (acres) Fig 6C access rd north P Pine Flat 7W_B-mowed No Both 0.266 (acres) Fig 6C access rd north T Pine Flat W-B-pineflat Yes Both 0.385 (acres) Fig 6D access rd north P Pine Flat W-B-pineflat Yes Both 0.040 (acres) Fig 6D access rd north P Pine Flat W-B-mowed No Both 0.036 (acres) Fig 6D access rd north T Pine Flat —A W-B-pineflat Yes Both E�]_ 2g. Total Temporary Wetland Impact 0.750 2g. Total Wetland Impact 1.726 2g. Total Permanent Wetland Impact 0.976 2h.Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards: Soil and gravel from local sources suitable for dirt roads; fill depths and volume not determined, but generally 1 to 3 feet deep. 2i. Comments: The alignment takes advantage of the existing 15-ft wide mowed trail along the highway right-of-way fence to minimize the area of forested wetland clearing. Impacts to isolated / non -jurisdictional wetlands are not included in the impact table above but are mapped and discussed in the support file. 3. Stream Impacts F S1 3a. Reason for impact (?) arch culvert 3b.lmpact type* Permanent 3c. Type of impact* Culvert 3d. S. name* Fig 613 stream S-2 3e. Stream Type* ?) Perennial 3f. Type of Jurisdiction* Both 3g. S. width Averege (feet) 3h. Impact Ilength* 30 (linear feet) S2 riprap below culvert Permanent Bank Stabilization Fig 6B stream S-2 Perennial Both Averege (feet) 50 (linear feet) S3 temp clearing Temporary Bank Stabilization Fig 613 stream S-2 Perennial Both 12 Average (feet) (linear feet) Sq pipe culvert Permanent Culvert Fig 6F sta 139+70 Jurisdictional Ditch Both 33 Averege (feet) (linear feet) S5 pipe culvert Permanent Culvert Fig 6F sta 145+20 Jurisdictional Ditch Both 4 34 Averege (feet) (linear feet) S6 pipe culvert Permanent Culvert Fig 6H sta 176+60 Jurisdictional Ditch Both 5 46 Average (feet) (linear feet) g7 pipe culvert Permanent Culvert Fig 6H sta 188+00 Jurisdictional Ditch Both 32 Averege (feet) (linear feet) gg pipe culvert Permanent Culvert Fig 61 sta 193+30 Jurisdictional Ditch Both 34 Average (feet) (linear feet) 31. Total jurisdictional ditch impact in square feet 663 3i. Total permanent stream impacts: 3i. Total temporary stream impacts: 259 12 3i. Total stream and ditch impacts: 271 3i. Total cubic yard stream impacts: 0 3j. Comments: Impacts S1 (bottomless arch culvert) and S2 (riprap erosion protection) are "no loss" permanent stream impacts that may qualify for reduced compensatory mitigation requirements. These design features will preserve the approximate existing stream bed elevation and not impede passage of aquatic animals. Impacts S4 through S8 are man-made ditches draining pine flatwoods. 4g. Total cubic yard open water impacts: 0 E. Impact Justification and Mitigation O 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The selected alignment takes advantage of the existing 15-ft wide mowed trail along the highway right-of-way fence to minimize the area of forested wetland clearing. The bottomless arch culvert and riprap will be installed to preserve the approximate existing stream bed elevation and width. Grading at the three well sites will be the minimum required to direct surface flow away from the wells as required by the DEQ Public Water Supply Section. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: see above. 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): D W R 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 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. Yes No 4b. Stream mitigation requested: (linear feet) 0? 4d. Buffer mitigation requested (DWR only): (square feet) 0 4f. Non -riparian wetland mitigation requested: (acres) 4c. If using stream mitigation, what is the stream temperature: 4e. Riparian wetland mitigation requested: (acres) 0.976 4g. Coastal (tidal) wetland mitigation requested: (acrea) 0 4h. Comments The applicant requests that stream mitigation be waved based on the no -loss impacts that will preserve the approximate stream bed contours (30 lin. feet bottomless arch culvert and 50 lin ff riprap stabilization). 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: NC Riparian Buffer Protection Rules do not apply in the Town Creek sub -watershed of the Cape Fear River basin. However, Brunswick County does require riparian buffers and the applicant is coordinating with the County watershed administrator regarding buffer impacts along stream S-1 and S-2 near Well-6. 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: The proposed wells and gravel access road construction will comply with erosion control requirements, but does not require post -construction stormwater management 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 (federallstate) 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: * The project is funded by the local government and does not meet the cost or land impact thresholds that trigger SEPA review. 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. This water supply expansion project will support additional land development in the H2Go service area and may thus indirectly contribute to additional impacts to streams, wetlands, and forests, but it is not a primary driver of development. 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?* Q u R 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? FWS-IPaC project evaluation tool and NC Natural Heritage Data Explorer. See attached Biological Assessment Report assessing potential impacts to listed species. 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 Unknown 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* Town Creek 3 miles downstream of Well-6 is designated EFH for South Atlantic Snapper -Grouper complex species. The project will have negligible effect on Morgan Branch which flows into Town Creek. 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? * Based on the NC HPOweb tool, two historic structures along Goodman Road (McKeithan House and Goodman House) are more than 0.25 mile from the project and will not be affected. No features are shown along the corridor extending up Wolfridge Rd or the line to the wells. 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? NC flood risk information system: https://fris.nc.gov/fris/. The nearest FEMA flood hazard mapping begins along Morgan Branch 0.5 mile downstream from Well-6. No construction will occur in FEMA flood hazard areas. Miscellaneous n 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 PCN-PJD Support Binder H2Go Wells-1.pdf 7.22MB 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: Gerald Pottern O Signature A-Udfdi�&- Date 7/19/2024