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HomeMy WebLinkAbout20050453 Ver 3_401 Application_20171024op wA TE9 �2Oy Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Page 1 of 10 PCN Form — Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: ❑X Section 404 PermitX❑ Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 3 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? X❑ Yes ❑ No Id. Type(s) of approval sought from the DWQ (check all that apply): X❑ 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑X Riparian Buffer Authorization le. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes X❑ No For the record only for Corps Permit: ❑ Yes x❑ No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes ❑X No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑Yes Q No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes X❑ No 2. Project Information 2a. Name of project: Neuse Regional WASA Raw Water Intake Dredging 2b. County: Lenoir 2c. Nearest municipality / town: La Grange 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Neuse Regional Water and Sewer Authority 3b. Deed Book and Page No. Deed Book 1402 / Page 887 3c. Responsible Party (for LLC if applicable): Harold Herring, Executive Director, Neuse Regional WASA 3d. Street address: 2811 Barrus Rd 3e. City, state, zip: La Grange, NC 28551 3f. Telephone no.: (252) 522-2567 3g. Fax no.: (252) 523-1639 3h. Email address: I Harold.Herring@nrwasa.org Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑ Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: S. Agent/Consultant Information (if applicable) 5a. Name: Kelly Boone 5b. Business name (if applicable): CDM Smith 5c. Street address: 5400 Glenwood Avenue, Suite 300 5d. City, state, zip: Raleigh, NC 27612 5e. Telephone no.: (919) 325-3508 5f. Fax no.: (919) 781-5730 5g. Email address: boonekr@cdmsmith.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification la. Property identification no. (tax PIN or parcel ID): 3584-00-50-2454 1b. Site coordinates (in decimal degrees): I Latitude: 35.226853 Longitude: -77.709303 1c. Property size: 5.2 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Neuse River 2b. Water Quality Classification of nearest receiving water: WS -IV; NSW, CA 2c. River basin: Neuse 3. Project Description 3a. 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 is owned by the Neuse Regional Water and Sewer Authority and contains the raw water intake and pump station for the Neuse Regional Water Treatment Plant. The raw water intake pipes and screens protrude into the river from underground at the bank. 3b. List the total estimated acreage of all existing wetlands on the property: 0.16 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 300 3d. The Explain the purpose of the proposed project: Neuse Regional Water Treatment Plant intake screens have become blocked by sediment, restricting withdrawals for producing treated water. 3e. Sediment Describe the overall project in detail, including the type of equipment to be used: will be removed by hydraulic dredging from the bank. Dredged material will be dewatered on a mobile trailer and spread at the intake site. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project(including all priorphases) in thepast? 0 Yes ❑ No ❑ Unknown Comments: Delineated in 2005 In original 404/401/10 permit 4b. If the Corps made the jurisdictional determination, what type of determination was made? ❑ Preliminary ❑ Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Kelly Boone Agency/Consultant Company: cora Smith Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. Approved permits Action ID 200510842 (issued 4!7/2005) / DWQ #05-0453 (issued 8/8/2005). 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? DYes ❑ No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. Please see attached. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes 0 No 6b. If yes, explain. Project is not phased, but maintenance dredging may be required again in the future if sediment accumulates near the intake. Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1a. Which sections were completed below for your project (check all that apply): ❑ Wetlands 0 Streams — tributaries 0 Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Temporary 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 - Choose one Choose one YeslNo - W2 - Choose one Choose one Yes/No - W3 - Choose one Choose one Yes/No - W4 - Choose one Choose one Yes/No W5 - Choose one Choose one Yes/No - W6 - Choose one Choose one Yes/No - 2g. Total Wetland Impacts: 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 P Excavation Neuse River PER Corps 250 280 S2 - Choose one - S3 - Choose one - _ S4 - Choose one - - S5 - Choose one - S6 - Choose one - 3h. Total stream and tributary impacts leo 3i. Comments: Page 4 of 10 PCN Form — Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then indiv dually list all open water impacts below. 4a. Open water impact number Permanent (P) or Tem ora 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 - Choose one Choose 02 - Choose one Choose 03 - Choose one Choose 04 - Choose one Choose 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If Pond or lake construction proposed, the complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland (acres) Flooded FilledExcavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 51. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? X❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: 61b. Buffer Impact number— Permanent (P) or Temporary 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet B1 T Equipment access Neuse River No 1,200 800 B2 - Yes/No B3 - Yes/No B4 - Yes/No B5 - Yes/No B6 - Yes/No 6h. Total Buffer Impacts: 1,200 800 6i. Comments: Buffer disturbance limited to 40 feet in width and limited to area where rip rap is already stabilizing bank. No vegetation will be removed in the buffer. Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Dredging disturbance area has been established to minimize the area to be affected. Limits of disturbance on land have also been established on the site plan to minimize Impacts. No in -river work will be allowed between February 15 and June 30 to avoid impacts to fish spawning. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Proper sediment and erosion control devices will be used to minimize sediment from land -side operations from reaching the river. Sediment removed from the river will be disposed in an upland location. No clearing of vegetation will be allowed on the river bank or in the Neuse River Riparian Buffer. Disturbance within the riparian buffer will be limited to 40 feet in width, and the disturbance area will be limited to a portion of bank that is already stabilized with rip rap. 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 X❑ No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank El Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type: Choose one Type: Choose one Type: Choose one Quantity: Quantity: Quantity: 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Pro ram 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form — Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) —required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes X❑ No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑x Yes ❑ No within one of the NC Riparian Buffer Protection Rules? 1b. If yes, then is a diffuse flow plan included? If no, explain why. There are no stormwater outfalls, and no impervious area is being added as part of this project. ❑ Yes ❑X No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 0% 2b. Does this project require a Stormwater Management Plan? ❑ Yes ❑x No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: No impervious/built upon area is included in this project. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: 2e. Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 3a. In which local overnment's'urisdiction is thisproject? Lenoir County ❑ Phase II 31b. Which of the following locally -implemented stormwater management programs ❑ NSW ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been El Yes ❑ No attached? 4. DWQ Stormwater Program Review ❑Coastal counties ❑HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ORW (check all that apply): ❑Session Law 2006-246 ❑Other. 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federal/state/local) funds or the Z Yes ❑ No use of public (federal/state) land? 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 ❑Yes ❑X No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) ❑ Yes ❑ No Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑Yes ❑x No or Riparian Buffer Rules (15A NCAC 213 .0200)? 2b. Is this an after -the -fact permit application? ❑Yes X❑ No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ❑X No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. No wastewater will be generated by this project. Page 9 of 10 PCN Form — Version 1.4 January 2009 6. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑Yes 0 No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act 0 Yes ❑ No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Raleigh office of USFWS was contacted as part of the EA for construction of the water treatment plant and raw water intake. USFWS reviewed the project and staled that no federally listed or proposed endangered or threatened species were likely to be impacted by the project. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ❑X No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? Interactive mapping site for essential fish habitat: http://ocean.floridamarine.org/efh_coral/ims/viewer.htm 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 ❑ Yes 0 No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? State Historic Preservation Office was contacted as part of the EA for construction of the water treatment plant and raw water intake. SHPO reviewed the project and determined that the properties affected by the project were not eligible for listing in the National Register of Historic Places, 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain? 0 Yes ❑ No 8b. If yes, explain how project meets FEMA requirements: Sediment will be removed from the intake area and disposed in an upland location. No fill or imperviousness will be added. 8c. What source(s) did you use to make the floodplain determination? http://www.ncfloodmaps.comf �.RI� r X11-'11% Applicant/Agent's Printed Name Date Applicant's Signat (Agent's signature is valid only if an authorization letter from the applicant isprovided.) Page 10 of 10 Michael F. Easley, Govcmu Listteth C. Evens, secretary Jeffrey J. Crow. Deputy Secn mry November 19, 2004 NOV 2 4 2004 a -Ag/RAI f1FFlf North Carolina Department of Cultural Resources State Historic Preservation Office Peter O. Sandbmk. Adrnfnlsantor Kelly R. Boone, P.E. Camp Dresser & McKee 5400 Glenwood Avenue, Suite 300 Raleigh, North Carolina 27612 Office of Archives and History Division of Historical Resources David Brook Direcmr Re: Neuse Regional Water and Sewer Authority (Lenoir County) Archaeological Survey Draft Report, CH01-0724. Dear Ms. Boone: Thank you for your letter of November 1, 2004, transmitting the archaeological survey report by New South Associates, Inc., for the above project. For purposes of compliance with Section 106 of the National "Historic Preservation Act, we concur that the `ollowing properties are determined not eligible for listing in the National Register of Historic Places: 31LR355&355**, 31LR356**, 31LR357**, 31LR358&358**, 31LR359&359**, 31LR360&360**, 31LR361&361 **, 31LR362, and 31LR363**. These properties do not retain the level of integrity nor do they possess the potential to yield significant new information pertaining to the prehistory of North Carolina. When submitting future archaeological reports, please do not make site forms an appendix or part of die report (see our survey report guidelines at www.arch.dcr.statc.nc.us/crmg�de.htm). The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and considerations. If you have any questions concerning the above comment, please contact Renee Gledhill -Earley, environmental review coordinator, at 919.733.4763. In all future communication conceming this project, please cite the above referenced tracking number. Sincerely, �yPetet Sandbeck -c: Dr. Johannes H. N. Loubser ADMINISTRATION 507 M 01amt St.,, Rildgh NC 4617 Mai Sepia Center, Raleigh NC 27699.4617 RESTORATION 515 N. Blown Sueet, Rilcigh NC 4617 Mai Service Cents, Rilcigh NC 276994617 SURVEY & PLANNING 515 N. Mo.., Sneer, Rilugh, NC 017 h/.0 Scr.kc Cmw, R.WSh NC 276994617 "EW1 United States Department of the Interior a =� m a FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Boz 33726 °t9 Raleigh, North Carolina 27636-3726 October 29, 2004 Kelly Boone Camp Dresser and McKee 5400 Glenwood Avenue, Suite 300 Raleigh, NC 27612 Dear Ms. Boone: Thank you for your September 28, 2004 letter regarding the proposed Neuse Regional Water and Sewer Authority's (NRWASA) proposed new raw water intake to be located on the Neuse River 13 miles upstream from Kinston in Lenoir County, North Carolina. The proposed water treatment plant and 93 miles of new water transmission lines will be located in Lenoir and Pitt counties. The U.S. Fish and Wildlife Service (Service) provides the following comments pursuant to, and in accordance with, provisions of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) (Act). According to the Environmental Assessment (EA) completed for this project on June 24, 2003, protected species surveys were conducted during 2000 and 2001 at the proposed construction site in Lenoir County. The results of the surveys conducted indicate that no federally protected species are likely to be impacted by project construction. Subsequent surveys along water transmission corridors (added to the project in 2002) .were conducted in May 2003 and no federally protected species were discovered. In addition, the Service has reviewed the NRWASA's Draft Statement of Intent to Facilitate Water Resource Protection and Environmental Planning and is encouraged by NRWASA's position on environmental protection within the service area. For those portions of the project that will cross streams and wetlands in Fitt County, the Scrntice understands that NRWASA has committed to either cross those areas by directional bore or conduct surveys for the Tar spinymussel (Elliptio steinstansana) and will notify us if specimens are found. Please note that surveys for federally protected mussel surveys should be conducted by a qualified biologist with the appropriate state and federal permits to identify and handle endangered species. Given the results of previous protected species surveys and NRWASA's commitment to address our Tar spinymussel concerns with surveys or by using the directional bore method, the Service concurs that this project is not likely to adversely affect all federally protected species. We remind you that obligations under section 7 consultation must be reconsidered if: (I) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered; (2) this action is subsequently modified in a manner that was not considered in this review; or, (3) a new species is listed or critical habitat determined that maybe affected by the identified action. Thank you for updating our office on the status of this project. If you have any questions or comments regarding our response, please contact Dale Suiter at (919) 856-4520, extension 18, or via email at Dale_Suiter@fws.gov. Sincerely •1 r `Pete Benjamin Ecological Services Supervisor 2 Raw Water Pump Station Site t �MONO r, Han P• . P lora �..'••>: y Project Location G T.. N 1 inch = 1,500 feet Figure 1 Feet USGS Topographic Map 0 500 1,000 2,000 3,000 Neuse Regional WASA CDM N--RFi-- Raw Water Intake Dredging Smith WASA Falling Creek/Deep Run Quadrangles I �-�+ •ps lug IMP r►i *mow tl�K�+M� Site . k w► T.. N 1 inch = 1,500 feet Figure 1 Feet USGS Topographic Map 0 500 1,000 2,000 3,000 Neuse Regional WASA CDM N--RFi-- Raw Water Intake Dredging Smith WASA Falling Creek/Deep Run Quadrangles I �-�+ •ps lug IMP r►i *mow tl�K�+M� Site . k amc xu wuK vv erteflAN I amc xu wuK vv erteflAN 5b. Section 404/10 and 401 (including buffer authorization) permits were obtained for construction of raw water intake, pump station, and treatment plant. Other permits have been issued for site in 2012 for dredging work (SAW -2012-01977) issued Dec. 10, 2012 and (DWR #05-0453) ver.2 issued Dec. 31, 2012. That will just expedite the reviewers being able to refer back to their files. Attachments • Correspondence from SHPO • Correspondence from USFWS • USGS Topographic Map • Sheet C-1 Site Plan • 4. Jurisdictional Determinations- 5b. Description