HomeMy WebLinkAbout20090010 Ver 3_401 Application_20090709July 14, 2009
Kinston
All-America City
2009
Oq-'DOI o v3
KINSTORP90119 SBuildings & Grounds. Business Office, Electric, Engineering, Environmental Services,
Fleet Maintenance, Meter Reading, Stormwater, Streets, Wastewater, and Water
Kinston, the right place ... Kinston Public Services, the right choice.
Cyndi Karoly
Division of Water Quality
401 / Wetlands Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
RE: Sanderson Farms Feed Mill
City of Kinston
Dear Cyndi:
$EAID
I?rynl QC-1
JUL I C-' 2009
4ENR - WATER QUALITY
WETLANDS AND STCRMV!;''ATE R PIR-N UH
Find enclosed five (5) copies of our completed PCN form the above referenced project. There are three
stream crossings, however, two of the crossings were previously submitted by Sanderson Farms. A
check in the amount of $240.00 is also enclosed along with the completed forms which include the
following attachments:
1. An 8.5 X 11 inch copy of a section of the Falling Creek Quad USGS Topo map which
shows the proposed construction.
2. Two Soils Maps one from the Lenoir County USDA Soils Report, and one from Lenoir
County GIS Map.
3. A proposed site plan for the Sanderson Farms Feed Mill.
4. An Aerial Photo from the Lenoir County GIS Map which shows the proposed
construction.
5. The construction drawings for the proposed waterline and sewer line construction.
The City of Kinston is providing water and sewer service for this project. There is a waterline which
already crosses the stream once, and the City proposes to install a water service and cross the stream a
second time to the Sanderson Farms property. This crossing was permitted by Sanderson Farms for the
feedmill.
The City also proposes to extend a sewer collection line across the stream in a road right of way. Then
the City proposes to extend an 8 inch sewer service across the stream near the waterline crossing to the
Sanderson Farms property. The second crossing was permitted by Sanderson Farms for the feedmill.
Post Office Box 339 Kinston, North Carolina 28502 Phone (252) 939-3287 Fax (252) 939-3279
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I trust that this Application for 401 Water Quality Certification is complete. If any additional
information is needed do not hesitate to contact me by phone at (252) 939-3239, or by e-mail at
j ohn.iaiTell(?e,,ci.kinston. nc. us.
Sincerely,
ohn A. Jarr , III
ity Engineer
Enclosure
cc: Steve Miller, Water Resources Manager
Mike Blackburn, Civil Engineer 11
Charles Sutton, Engineering Construction Inspector
Post Office Box 339 Kinston, North Carolina 28502 Phone (252) 939-3287 Fax (252) 939-3279
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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification PCN) Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the
Corps:
®Section 404 Permit El Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: 12 or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps? ? Yes ® No
1d. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ® Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
? Yes N No For the record only for Corps Permit:
? Yes ® 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 ® No
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h
below. ? Yes ® No
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: Sanderson Farms Feed Mill Gravity Sewer .5
2b. County: Lenoir
2c. Nearest municipality / town: Kinston JUL I G 2009
2d. Subdivision name: Highway 70 West Industrial Park UALITY
2e. NCDOT only, T.I.P. or state
project no: N/A WETIA".DSANDSTORNMATER bKAN
3. Owner Information
3a. Name(s) on Recorded Deed: None (Property to be served for Sanderson Farms)
3b. Deed Book and Page No. DB 1563; Page 206
3c. Responsible Party (for LLC if
applicable): N/A
3d. Street address: N/A
3e. City, state, zip: N/A
3f. Telephone no.: N/A
3g. Fax no.: N/A
3h. Email address: N/A
Page I of 100
PCN Form -Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent ® Other, specify: Municipality / Utility Owner
4b. Name: Scott A. Stevens, City Manager
4c. Business name
(if applicable):
City of Kinston
4d. Street address: 207 East King Street
4e. City, state, zip: Kinston, North Carolina 20501
4f. Telephone no.: (252) 939-3112
4g. Fax no.: (252) 939-3388
4h. Email address: scott.stevens@ci.kinston.nc.us
5. Agent/Consultant Information (if applicable)
5a. Name: John A. Jarrell, III, P.E., City Engineer
5b. Business name
(if applicable):
City of Kinston
5c. Street address: 2360 Highway 258 South
5d. City, state, zip: Kinston, North Carolina 28504
5e. Telephone no.: (252) 939-3239
5f. Fax no.: (252) 939-3279
5g. Email address: john.jarrell@ci.kinston.nc.us
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): 3595-88-5398
1 b. Site coordinates (in decimal degrees): Latitude: 35.27 & 35.24 Longitude: - 77.67
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: Serve Sanderson Property 95.28 acres
2. Surface Waters
2a. Name of nearest body of water
proposed project: (stream, river, etc.) to Stream
2b. Water Quality Classification of nearest receiving water: C, Sw, NSW
2c. River basin: Neuse
Page 2 of 100
PCN Form - Version 1.3 December 10, 2008 Version
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 presently cleared and in use as farmland. There is a 100 foot road right-of-way, but no road has been built. A
16" waterline has already been installed in the East side of the right-of-way. The stream is East of the right-of-way.
3b. List the total estimated acreage of ail existing wetlands on the property:
Stream width X Stream Length = 0.924 acres
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
2,682 linear feet
3d. Explain the purpose of the proposed project:
The proposed project will provide sewer service to the feed mill site for Sanderson Farms, and adjacent property West of
the right-of-way.
3e. Describe the overall project in detail, including the type of equipment to be used:
The project consists of installing 2,974 linear feet of 12 inch gravity sewer which will serve the area. The sewer is in the
East side of the right-of-way and will discharge into an existing manhole approximately 750 feet south of the railroad
tracks. The sewer will cross the stream in two locations. The Southern location is 336 feet North of the tracks, and the
Northern location is where the sewer line turns East to the feed mill site, Station 24+97. The crossing of the tracks will be
done by jacking and boring, and a track hoe will be used to dig and install the pipe. There is also a waterline crossing at
this location.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
? Yes ® No ? Unknown
project (including all prior phases) in the past?
Comments:
4b. If the Corps made the jurisdictional determination, what type
? Preliminary ? Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company:
Name (if known): Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
NIA
5. Project History
5a. Have permits or certifications been requested or obtained for ® Yes ? No ? Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
The design engineer for the Sanderson Feedmill site has included W2, S2, and B2 in his application
6. Future Project Plans
6a. Is this a phased project? ? Yes ® No
6b. If yes, explain.
N/A
Page 3 of 100
PCN Form - Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
® Wetlands ® Streams - tributaries ® 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. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Temporary M
W1 ? P ®T Stream Crossing Stream ? Yes
® No ? Corps
® DWQ 0.015 acres
W2 ? P ® T Parallel to Stream Stream ? Yes
® No ? Corps
® DWQ 0.000 acres
W3 ? P ® T Stream Crossing Stream ? Yes
® No ? Corps
® DWQ 0.017 acres
W4 ? P ? T ? Yes ? Corps
? No ? DWQ
W5 ? P ? T ? Yes ? Corps
? No ? DWQ
W6 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland i mpacts 0.032 acres
2h. Comments: Sewer Line is more than 100 feet from Stream except at crossings
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. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number - (PER) or (Corps - 404, 10 stream length
Permanent (P) or intermittent DWQ - non-404, width (linear
Temporary (T) (INT)? other) (feet) feet)
S1 ? P ®T Crossing UT to Falling ® PER ? Corps 10 feet 64 feet
Creek ? INT ® DWQ
S2 ? P ®T Crossing UT to Falling ® PER ? Corps 15 feet 49 feet
Creek ? INT ® DWQ
S3 ? P ? T ? PER ? Corps
? INT ? DWQ
S4 ? P ? T ? PER ? Corps
? INT ? DWQ
S5 ? P ? T ? PER ? Corps
? INT ? DWQ
S6 ? P ? T ? PER ? Corps
? INT ? DWQ
3h. Total stream and tributary impacts 113 feet
3i. Comments:
Page 4 of 100
PCN Form - Version 1.3 December 10, 2008 Version
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 individually list all open water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number - (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary T
01 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
4f. Total open water impacts
4g. Comments: N/A
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or purpose (acres)
number of pond
Flooded Filled Excavated Flooded Filled Excavated Flooded
P1
P2
5f. Total
5g. Comments: N/A
5h. Is a dam high hazard permit required?
? Yes ? No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. 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 an impacts require mitigation, then you MUST fill out Section D of this form.
6a.
® Neuse. ? Tar-Pamlico ? Other:
Project is in which protected basin? ? Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number - Reason Buffer Zone 1 impact Zone 2 impact
Permanent (P) or for Stream name mitigation (square feet) (square feet)
Temporary T impact required?
B1 ? P ®T Utility
Cross UT to Falling Creek ® Nos 6,090 square feet 3,260 square feet
B2 ? P ®T Utility
Cross UT to Falling Creek ® Nos 3,510 square feet 2,100 square feet
B3 ?P?T ?Yes
? No
6h. Total buffer impacts 9,600 square feet 5,360 square feet
6i. Comments:
Page 5 of 100
PCN Form - Version 1.3 December 10, 2008 Version
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The sewer line is run parallel to the stream, and outside the buffer. Inorder to provide service to the property the City must
cross the stream. The portion of the line parallel to the stream is 100 feet away.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
The City plans to install temporary Check Dams to reduce suspended sediment from migrating downstream as the stream
crossings are made.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State? ? Yes ® No
2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps
2c. If yes, which mitigation option will be used for this
project?
pro ? Mitigation bank
El Payment to in-lieu fee program
? Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank: N/A
3b. Credits Purchased (attach receipt and letter) Type Quantity
3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ? Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold
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: N/A
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.
N/A
Page 6 of 100
PCN Form -Version 1.3 December 10, 2008 Version
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 ? Yes ® No
buffer mitigation?
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.
6c. 6d. 6e.
Zone Reason for impact Total impact Multiplier Required mitigation
(square feet (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).
N/A
6h. Comments:
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 ® Yes ? No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
Comments:
The impact of this project is temporary, and diffuse overland flow exists now. Once ? Yes ® No
vegitation is re-established diffuse flow will continue as it had prior to the
construction. The Buffer is presently maintained as farmland. The development of
the site to be served may create some point source discharges, but that
development is beyond the scope of this project.
Page 7 of 100
PCN Form - Version 1.3 December 10, 2008 Version
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 ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Less than one acre is affected and the
affect is temporary.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
® Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program
? DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project? City of Kinston
? Phase II
3b. 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 ? 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
attached? ? Yes ® No
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 100
PCN Form - Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ® Yes ? No
use of public (federal/state) land?
1 b. 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 ® No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. 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: N/A
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 ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ? Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): N/A
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ® Yes ? 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.
Development in the near future will include the Sanderson Farms Feedmill. The Site Plan for the Feed Mill is attached.
When the Feed Mill completes their construction, the site will meet the City's Stormwater Management Plan for Nitrogen
Control. Other Industrial Sites may develop, and as they do they will be required to meet the City's Stormwater
Management Plan for Nitrogen Control.
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.
The wastewater from the Sanderson Farms Feed Mill operation will be collected in the proposed collection system extension,
transported to Kinston Regional Water Reclamation Facility which has a design capacity of 11.85 MGD. The plant presently
treats 4.30 MGD and discharges the treated effluent to the Neuse River.
Page 9 of 100
PCN Form - Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ? Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes ® No
impacts?
? Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
USFWS Web Site, and Descriptions of each Species Habitat (See attached descriptions). The Site is also presently
being used as farmland.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
The Stream at times is almost dry. The temporary construction would be conducted during periods of time when the
stream flow is minimal.
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 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?
Project is within road right-of-way. The area has also been cleared and is used as farmland so impacts from the
temporary construction would be minimal in comparison to the continual farming operation.
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:
8c. What source(s) did you use to make the floodplain determination? FIRM Maps
Scott A. Stevens, City Manager
AVIA::??-
Applicant/Agent's Printed Name Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
Page 10 of 100
PCN Form - Version 1.3 December 10, 2008 Version
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