20110266 Ver 1_401 Application_20110311

Quartermaster
1_V
6#kEnvironmental
March 21, 2011
N.C. Division of Water Quality
Raleigh Central Office
Attn: Cyndi Karoly
1650 Mail Service Center
Raleigh, NC 27699-1650
RE: NOV to Duke Energy of January 31, 2011
Orange/Alamance Counties
Ms. Karoly,
20110266
ZA. I ID
9@90w[m
MAR 2 3 2011
Quartermaster Environmental has been contracted to prepare and submit the needed
documents and information needed to bring resolve to NOV-201 I OP-0003 sent by
certified mail to Duke Energy and Bill Wilson, Sr., for the project near the Orange and
Alamance County Line. Quartermaster has also been contracted to perform the needed
field work, re-setting the culvert, installing the requested plunge pool and removing the
fill from the wetland area.
Enclosed you will find the requested "After the Fact" PCN, maps, photos and other
requested documentation needed for proper review of this application. Some additional
clarification or explanation may be needed on a few points:
-The original purpose of this line project was to provide needed additional electricity to a
sub-division across I-85 and West along I-85 to commercial and residential customers.
The subdivision is Collington Farms, in Orange County. This work was done in 2006.
-The large culvert replacement was done to replace a rusted out DOT culvert in an old
DOT road fill for access to one particular pole. Though this pole is adjacent to I-85,
DOT does not allow access from the highway ROW for safety reasons. This culvert was
likely replaced with a larger diameter pipe and possibly longer, but no records are
available for this particular culvert. This culvert was replaced with a like sized HDPE
Pipe, both were 60" in diameter. This particular culvert does not meet the requirements
of a NW I2 in that it is "perched" with the outlet 12" above the downstream water level.
-An additional 60' length of culvert was installed downstream to allow access across the
stream for installation and maintenance of an angle pole. This pole is located near the
stream and the stream approaches at an angle and curve that would make a shorter impact
impractical. This installation seems to meet the requirements of a NW12 permit in that it
is set below the streambed and does not impede flow.
Erosion Control • Land Clearing • Grading - Seeding • Utility Services
P.O. Drawer 400 • 107 Cherryville Road
Shelby, North Carolina 28150
704.471.1866 Phone
704.482.7349 Fax
1?Quartermaster
g ;,Environmental
-Discussions with Duke and the landowner have established the following needs due to
safety and the potential need for emergency access during inclimate weather or darkness:
-Narrowing the replacement culvert to 30' could pose a hazard to crews
unfamiliar with the site during a night or bad weather outage. Since leaving this
at 40' would still keep the total impact at less than 150', we would propose to
keep the replaced culvert length at 40'. The problem of narrowing the crossing
will be magnified when the culvert is lowered to 12" below the existing
streambed.
-The smaller diameter, new culvert installation is needed for access to, and
stability of the new angle pole structure. This particular pole is critical in that it is
the terminal structure for the line crossing I-85. Should this structure be
compromised by erosion of the pole base or lack of access for maintenance it
could result in a severe safety and service incident. Leaving this culvert in place
will provide safe all weather access to this critical structure. It would not be
beneficial to shorten this pipe installation because of the angle of the approach
and the location of the stricture: 60' is needed for crossin(y and set-?1p on this
pole.
-In the form of an explanation as to why this violation occurred, we have had several
discussions concerning this and the time frame of the work scheduled and when the
proper Duke Environmental representatives were notified made a pre-construction
notification not possible. However the fact that an After The Fact Notification was not
sent was an oversight due to work load and other problems. Duke has discussed a
number of scenarios that will help prevent this type of violation in the future which
include: Use of qualified contractors, and in-house training for field staff among others.
-As requested we have enclosed a copy of the line plan for the project that necessitated
this work. We have walked the site, and though things have changed since the work was
done and other development has disturbed some wetland areas in the project limits, there
were no other permanent impacts found as a result of the line work.
Erosion Control • Land Clearing • Grading • Seeding • Utility Services
P.O. Drawer 400 - 107 Cherryville Road
Shelby, North Carolina 28150
704.471.1866 Phone
704.482.7349 Fax
4ftQuartermaster
6?Environmental
Quartermaster Environmental is committed to helping Duke get this problem resolved
and we will be glad to compile any information needed to process this application. The
proposed dates noted and projected in previous correspondence may no longer be correct
based on the delays we have faced in getting all of the documentation and proper
signatures needed for this. However, we are ready to start the field work as soon as
permission is granted and will have all corrective actions completed with-in one week
after starting. So if you need any additional information or have any questions, please
give me a call.
Respectfully,
Brooks Cole, CPESC
Quartermaster Environmental, Inc.
704-473-5021
[e-mail]
Erosion Control • Land. Clearing • Grading • Seeding • Utility SerN ices
P.O. Drawer 400 107 Cherryville Road
Shelby, North Carolina 28150
704.471.1866 Phone
704.482.7349 Fax
Quartermaster
6#kEnvironmental
March 21, 2011
N.C. Division of Water Quality
Winston Salem Regional Office
Attn: Corey Basinger
Acting Regional Supervisor
585 Waughtown Street
Winston Salem, NC 27101
RE: NOV to Duke Energy of January 31, 2011
Orange/Alamance Counties
Mr. Basinger,
Quartermaster Environmental has been contracted to prepare and submit the needed
documents and information needed to bring resolve to NOV-201 1OP-0003 sent by
certified mail to Duke Energy and Bill Wilson, Sr., for the project near the Orange and
Alamance County Line. Quartermaster has also been contracted to perform the needed
field work, re-setting the culvert, installing the requested plunge pool and removing the
fill from the wetland area.
Enclosed you will find the requested "After the Fact" PCN, maps, photos and other
requested documentation needed for proper review of this application. Some additional
clarification or explanation may be needed on a few points:
-The original purpose of this line project was to provide needed additional electricity to a
sub-division across I-85 and West along I-85 to commercial and residential customers.
The subdivision is Collington Farms, in Orange County. This work was done in 2006.
-The large culvert replacement was done to replace a rusted out DOT culvert in an old
DOT road fill for access to one particular pole. Though this pole is adjacent to I-85,
DOT does not allow access from the highway ROW for safety reasons. This culvert was
likely replaced with a larger diameter pipe and possibly longer, but no records are
available for this particular culvert. This culvert was replaced with a like sized HDPE
Pipe, both were 60" in diameter. This particular culvert does not meet the requirements
of a NW 12 in that it is "perched" with the outlet 12" above the downstream water level.
-An additional 60' length of culvert was installed downstream to allow access across the
stream for installation and maintenance of an angle pole. This pole is located near the
stream and the stream approaches at an angle and curve that would make a shorter impact
impractical. This installation seems to meet the requirements of a NW 12 permit in that it
is set below the streambed and does not impede flow.
Erosion Control • Land Clearing • Grading • Seeding • Utility Services
P.O. Drawer 400 • 107 Cherryville Road
Shelby, North Carolina 28150
704.471.1866 Phone
704.482.7349 Fax
Quartermaster
1-1
60FEnvironmental
-Discussions with Duke and the landowner have established the following needs due to
safety and the potential need for emergency access during inclimate weather or darkness:
-Narrowing the replacement culvert to 30' could pose a hazard to crews
unfamiliar with the site during a night or bad weather outage. Since leaving this
at 40' would still keep the total impact at less than 150', we would propose to
keep the replaced culvert length at 40'. The problem of narrowing the crossing
will be magnified when the culvert is lowered to 12" below the existing
streambed.
-The smaller diameter, new culvert installation is needed for access to, and
stability of the new angle pole structure. This particular pole is critical in that it is
the terminal structure for the line crossing I-85. Should this structure be
compromised by erosion of the pole base or lack of access for maintenance it
could result in a severe safety and service incident. Leaving this culvert in place
will provide safe all weather access to this critical structure. It would not be
beneficial to shorten this pipe installation because of the angle of the approach
and the location of the structure; 60' is needed for crossing and set-up on this
pole.
-In the form of an explanation as to why this violation occurred, we have had several
discussions concerning this and the time frame of the work scheduled and when the
proper Duke Environmental representatives were notified made a pre-construction
notification not possible. However the fact that an After The Fact Notification was not
sent was an oversight due to work load and other problems. Duke has discussed a
number of scenarios that will help prevent this type of violation in the future which
include: Use of qualified contractors, and in-house training for field staff among others.
-As requested we have enclosed a copy of the line plan for the project that necessitated
this work. We have walked the site, and though things have changed since the work was
done and other development has disturbed some wetland areas in the project limits, there
were no other permanent impacts found as a result of the line work.
Erosion Control • Land Clearing • Grading • Seeding • Utility Services
P.O. Drawer 400 • 107 Cherryville Road
Shelby, North Carolina 28150
704.471.1866 Phone
704.482.7349 Fax
_V_ Quartermaster
tog nvironmental
Quartermaster Environmental is committed to helping Duke get this problem resolved
and we will be glad to compile any information needed to process this application. The
proposed dates noted and projected in previous correspondence may no longer be correct
based on the delays we have faced in getting all of the documentation and proper
signatures needed for this. However, we are ready to start the field work as soon as
permission is granted and will have all corrective actions completed with-in one week
after starting. So if you need any additional information or have any questions, please
give me a call.
Respe fully, 4??
Brooks Cole, CPESC
Quartermaster Environmental, Inc.
704-473-5021
[e-mail]
Erosion Control • Land Clearing Grading • Seeding • Utility Services
P.O. Drawer 400 107 Cherryville Road
Shelby, North Carolina 28150
704.471.1866 Phone
704.482.7349 Fax
20110266
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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 ED A IM
1. Processing
1 a. Type(s) of approval sought from the
Corps:
El Section 404 Permit El Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 12 or General Permit (GP) number:
1 c. Has the NWP or GP number been verified by the Corps? N Yes ? No
1 d. 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 ® No For the record only for Corps Permit:

® Yes ? No
1 f. 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
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
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: Mebane Line Repair (SFY126068)
2b. County: Orange/Alamance (See Notes)
2c. Nearest municipality / town: Burlington
2d. Subdivision name:
2e. NCDOT only, T.I.P. or state
project no: 6?0 10
10-
- ,
3. Owner Information
3a. Name(s) on Recorded Deed: Bill Wilson, Sr.
3b. Deed Book and Page No. 1725/516 DENR - nVq
3c. Responsible Party (for LLC if
applicable):
3d. Street address: 719 Hermitage Road
3e. City, state, zip: Burlington, NC 27215
3f. Telephone no.: 336-270-6824
3g. Fax no.:
3h. Email address:
Page I of 10
PCN Form - Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent ® Other, specify: Duke Energy ROW Specialist
4b. Name: Ernie Mitchell
4c. Business name
(if applicable): Duke Energy
4d. Street address: 2500 Fairfax Road
4e. City, state, zip: Greensboro, NC 27407
4f. Telephone no.: 336-706-1495
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name: Brooks Cole
5b. Business name
(if applicable): Quartermaster Environmental
5c. Street address: 107 Cherryville Road
5d. City, state, zip: Shelby, NC 28150
5e. Telephone no.: 704-473-5021
5f. Fax no.: 704-482-7349
5g. Email address: [e-mail]
Page 2 of 10
PCN Form - Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
1. Property Identification
1 a. Property identification no. (tax PIN or parcel ID): 9824373276
1b. Site coordinates (in decimal degrees): Latitude: 36.07655 Longitude: - 79.25282
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: 20 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
proposed project: Haw Creek
2b. Water Quality Classification of nearest receiving water: WSV:NSW
2c. River basin: Cape Fear
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:
This parcel is currently in agricultural use. There are developed areas around this parcel and in close proximity.
3b. List the total estimated acreage of all existing wetlands on the property:
1.5
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
1500
3d. Explain the purpose of the proposed project:
Duke Energy power line access.
3e. Describe the overall project in detail, including the type of equipment to be used:
Propose to properly re-lay a 60" diameter HDPE replaced culvert and remove fill from a small wetland area.
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 prior phases) in the past?
Comments: Met on January 26, 2011
® Yes ? No ? Unknown
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): Andrew Williams Agency/Consultant Company: DWQ
Other: Amy Euliss
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
b. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past? ? Yes ® No ? Unknown
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project? ? Yes No
6b. If yes, explain.
Not for Duke Energy
Page 3 of 10
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
W1 ? P ®T Fill ? Yes
to No ® Corps
® DWQ 12
W2 ? P ? T ? Yes ? Corps
? No ? DWQ
W3 ? P ? T ? Yes
? No ? Corps
? DWQ
W4 ? P ? T ? Yes ? Corps
? No ? DWQ
W5 ? P ? T ? Yes ? Corps
? No ? DWQ
W6 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts .12
2h. Comments: Impact was from pole installation and resulting fill from access.
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 Culverts ® PER
? INT ® Corps
® DWQ 6 100
S2 ? P ? T ? PER ? Corps
? 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 100
3i. Comments: One replacement old DOT culvert (40') and one new culvert (60')
Page 4 of 10
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:
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:
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: Jordan Lake
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 im act required?
B1 ?P?T ?Yes
? No
B2 ? P ? T ? Yes
? No
B3 ?P?T ?Yes
? No
6h. Total buffer impacts
6i. Comments:
Page 5 of 10
PCN Form - Version 1.3 December 10, 2008 Version
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Further discussions and review of this project indicates that the culverts are vital to line access and maintenance (see
attached Note).
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
There is not another legal or permitted way to access these structures on this line. Shortening the replaced culvert will pose a
substantial safety hazard during inclimate weather or darkness.
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:
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:
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 1.3 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
buffer mitigation? ? Yes ® 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: Existing use prior to buffer rules being established.
Page 7 of 10
PCN Form - Version 1.3 December 10, 2008 Version
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.
? Yes No
Comments: Our plan is to install a stilling basin at the outlet of the 60" HDPE pipe.
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? <5 %
2b. Does this project require a Stormwater Management Plan? ? Yes ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Very small impact
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? Mebane
? 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 8of10
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?
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 ? 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
? Yes ? No
letter.)
Comments:
2. Violations (DWO 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): Improperly
replaced culvert and new culvert installed without notification to DWQ. Refer to NOV-2011 OP-0003, copy attached.
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.
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.
Page 9 of 10
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?
F1 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?
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?
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?
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?
Wt.A v ?nO ?U L rq -? L p\ IVl L
"J
'
" 3/18/2011

Applicant/Agent's Printed Name l INWv?.O
ti
?
t
Applicant/Agent's Signature
Date
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
Page 10 of 10
PCN Form - Version 1.3 December 10, 2008 Version
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P Duke
Energy®
Dear Mr. Basinger:
DUKE ENERGY CORPORATION
2500 Fairfax Rd.
Greensboro, NC 27407
We appreciate Amy Euliss visiting the site at our request to provide guidance for this project. Below we
have outlined the site conditions and details as requested.
Requested Response to Notice of Violation and Recommendation for Enforcement 2/14/2011
NOV-2011OP-0003
1. Explain when construction began on the site. Duke records indicate the work took place in
October 2006.
2. Explain why appropriate certifications and permits were not secured. The work was performed
under NWP 12. During the line construction, the ROW contractors determined another culvert
was needed for the installation of the line angle structure and its close proximity to the stream.
Due to the scheduling and time constraints, no permits were applied for.
3. Site and culvert #1 (60 inch diameter HDPE culvert that was installed to replace an old DOT
culvert); Duke is currently working on plans to reinstall culvert #1 to comply with NWP 12
requirements. Specific plans and details will be submitted.
4. Site and culvert #2 (The smaller HDPE culvert closest to the interstate); Duke is now considering
submitting an "after the fact" 404 permit and 401 request to leave this culvert in place. Specific
plans and details will be submitted.
5. Our anticipated timeframe for this work, permitting is underway and groundwork is being
scheduled for March 215`, 2011 and should be complete within 30 days, depending on weather.
Monitoring plans will be included in the permitting notifications.
6. Duke takes pride in its reputation as an environmental steward and is committed to utilizing
qualified contractors to prevent future compliance issues.
In closing, we have employed Quartermaster Environmental to assist with this specific project. You can
expect to hear from them soon with specific plans and details.
If you have any questions or need clarification, please call Ernie Mitchell at 336-706-1495.
cc:
[e-mail]
[e-mail]
Thank-you, `
?ivvu-2.
Ernie Mitchell, CPESC
www.duke-energy.com
AV4
8, NR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
January 31, 2011
Df-D?s CD Ie
Pre Vip ot-S
J`7L D.
c 'Q?V
CERTIFIED MAIL #70093410000213990857
RETURN RECEIPT REOUESTED
eww i tt fill
Duke Energy
2500 Fairfax Rd.
Greensboro, NC 27407
CERTIFIED MAIL 470093410000213990864
RETURN RECEIPT REQUESTED
Bill Wilson, Sr.
719 Hermitage Road
Burlington, NC 27215

Subject: NOTICE OF VIOLATION and
RECOMMENDATION FOR ENFORCEMENT
NOV-2011 OP-0003
Duke Energy and Bill Wilson, Sr.
15A NCAC 02B.0211 (2),15A NCAC 2H.0501
Orange County
Dear Sirs:
On November 24, 2010, Amy Euliss, Division of Water Quality Staff conducted a site visit in
conjunction with Erik Shook, Duke Energy, at the request of Duke Energy, at Parcel ID
9824373276 in Mebane, NC. Ms. Euliss conducted a second site visit on January 26, 2011 with
Andy Williams (USACE), Ernie Mitchell (Duke Energy), Bill Wilson (land owner), and Brooks
Cole (Quartermaster Environmental) to further discuss the violations at this site and to discuss
potential for additional impacts.
During the site visits, Ms. Euliss documented 70 linear feet of new pipe in an Unnamed Tributary
to Haw Creek (Class WSV;NSW). Of the 70 linear feet, 10 linear feet were associated with an
upgrade to an existing pipe crossing (site 1), and 60 linear feet were for a new crossing (site 2).
These impacts occurred in conjunction with power line upgrades associated with development
along Arrowhead Boulevard.
As a result of the site inspection and a file review, the following violations are noted:
Item I. 15A NCAC 02B .0211 (2). The waters shall be suitable for aquatic life propagation and
maintenance of biological integrity, wildlife, secondary recreation, and agriculture; sources of
N. C. Division of Water Quality
Winston Salem Regional Office
585 Waughtown St, Winston Salem, NC 27101
Phone: [phone] FAX:[phone] One
Customer Service: 1-877-623-6748 NorthCarolina
Internet: www.ncwaterquality.org
//I '
'J?'1/}?` 1?N?it
An Equal Opportunity Y Affirmative Action Employer ; L
Page 2 of 3
Duke Energy and Bill Wilson, Sr.
Orange County
water pollution which preclude any of these uses on either a short-term or long-term basis shall be
considered to be violating a water quality standard.
Item II. Title 15A NCAC 2H .0501 requires certifications pursuant to Section 401 of the Clean
Water Act whenever construction or operation of facilities will result in a discharge into
navigable waters, including wetlands, as described in 33 CFR Part 323. Title 15A NCAC 2H
.0502 states any person desiring issuance of the State certification or coverage under a general
certification required by Section 401 of the Federal Water Pollution Control Act shall file with
the Director of the North Carolina Division of Water Quality. The file review confirmed that a
Pre-construction Notification has not been received by the Division of Water Quality for this
project and that a 401 Water Quality Certification has not been issued.
Requested Response
Accordingly, you are directed to respond to this letter in writing within 30 calendar days of
receipt of this Notice. Your response should be sent to this office at the letterhead address. Your
response should include the following:
o`?z
1. Please explain when construction (excavation, grubbing, and clearing) began at the site.
2. Please clearly explain why appropriate 401 Water Quality Certification and a 404 Permit
were not secured.
3. For the impacts associated with site 1, the pipe is currently perched, and causing accelerated
stream bank erosion and channel scour. This pipe needs to be laid at or below the stream bed
elevation. If this is not possible, please design a plunge pool to alleviate scour at the pipe
outlet. The 10 linear feet of new impacts is excessive for the crossing, please remove the
additional 10 feet of pipe, or provide justification for keeping the impacts. If the impacts are
kept and/or a plunge pool is installed, they will need to be permitted, as detailed below.
4. For the impacts associated with site 2, you must either secure an "after the fact" 404
permit from the US Army Corps of Engineers, and any associated DWQ issued 401
certifications for all impacts to the stream. Please note, the "after the fact" permit
application will be subject to current regulations and policies, including but not
limited to, Jordan Lake Buffer Rules (15A NCAC 02B .0250), and the most recent
Water Quality General Certification (GC 3819).
OR
5. For the impacts associated with site 2, you must restore and stabilize the 60 linear
feet of impacted stream. Please submit a Restoration Plan to this office for review
and approval. You are encouraged to secure a consultant to assist you with your plan
development and with obtaining any permit, certification and authorization necessary
to achieve compliance. This plan should include the following:
a.) An explanation of how you plan to restore the pattern, profile and dimension of the
impacted stream channels to include the removal of pipes and fill. The streambed must
be restored to the original profile, the stream banks must be stabilized, and any fill
material must be removed from the riparian zone. Replanting of the riparian zone will be
required.
b.) It is required that you contact the United States Army Corps of Engineers to determine if
a 404 Permit is necessary for these restoration activities;
ppG (?-Vr)
Page 3 of 3
Duke Energy and Bill Wilson, Sr.
Orange County
c.) Please indicate in your response a schedule with dates detailing when the restoration will
be accomplished. This schedule should include a one year monitoring plan to ensure that
the stream is restored.
6. Finally, please explain how you propose to prevent these problems from reoccurring on
future projects.
Thank you for your attention to this matter. This Office is considering sending a recommendation
for enforcement to the Director of the Division of Water Quality regarding these issues and any
future/continued violations that may be encountered. Your above-mentioned response to this
correspondence will be considered in this process. This office requires that the violations, as
detailed above, be abated immediately. These violations and any future violations are
subject to a civil penalty assessment of up to $25,000.00 per day for each violation. Should
you have any questions regarding these matters, please contact Amy Euliss at [phone] or
myself at [phone].
Sincerely,
Corey Basinger
Acting Regional Supervisor
Surface Water Protection Section
cc: WSRO File Copy
Lauren Witherspoon-DWQ-SWP Raleigh Regional Office
Ernest Mitchell-Duke Energy, 2500 Fairfax Rd., Greensboro, NC 27407
Katie Merritt - WBS Compliance & Permits Unit, Archdale Building
Andy Williams, U.S. Army Corps of Engineers
U.S. AR1iY CORPS OF ENGINEERS
Wilmington District
Action ID: SA\\'-20 11-00264 County: Orange
NOTIFICATION OF UNAUTHORIZED ACTIVITY/ PER111T NONCOM 111. IANCE,
Responsible Property Owner
Party Ernie Mitchell Bill Wilson. Sr.
Duke EnerL,v 719 Hernlitw,,c Road -
Address 2500 Fairfax Road address 719 Hcnttitagc Road
Greensboro. North Carolina 27407 Burlington. North Carolina 27215
"Telephone Number 336-706-1495 Telephone Number 336-270-6824 _
Size and Location of Property (waterbodv, Highw•av name/number, town, etc.): 25 acres
(approximately); Orange County Parcel ID 9834373276; The site is located southwest ofihc Arrowhead
Boulevard, Oakwood Street intersection and north of Interstate 40/85, near Mebane, in Orange t'uunty.
?forth Carolina.
Description of Unauthorized Activitv / Permit Noncompliance: On January 26, 2011, the U.S. Army
Corps of Engineers conducted an inspection of this site. The inspection revealed that a single access road
crossing, of' approximately 30 linear feet (Crossing 7-fl) over an unnamed tributary to Haw Creek 1'()I
access to an existing Duke Energy overhead utility line had been replaced. The new road crossim1 was
approximately 40 linear IM in lenutll and the pipe diameter was approximately 60 inches. 'I'hc bottom of,
the ne\\'ly installed culvert was located above the existing stream bed elevation. additionally. a second.
access road crossing_xvork pad of approximately 60 linear feet (Crossing #2) had also been installed mer
the same unnamed tributary to Haw Creek. Furthermore, a small amount of wetlands adjacent to F law
Creek (<0.05 acre) appeared to have been Filled for the second crossing. Based on information providrd
during the inspection by Mr. Preston Rogers of Duke Energy, the purpose for the access road was to
upgrade an existing overhead electrical power line for the Arrowhead Boulevard area. Also, accordin_, to
information provided by Mr. Ernie. Mitchell, bout crossings were constructed approximately 2-4 years
ago.
Based on the site inspection and information obtained during the lanutuv 26, 2011, the Corps of Engineers
has determined that the maintenance of Crossin;; nl and the construction of Crossim, 42 were authorizcd
by the 2007 Nationwide Penllit (NWP) 12 for utility line activities, and dirt not requirc prior notification
to the Corps ofErigincers. However. Crossing #1 is not in compliance with the NWP Wilmington District
Rc?,iional Condition =3.6 (Safe Passage Rcduirements for Culvert Placement). "Phis condition states.
"Culverts greater than 48 inches in diameter will be buried at least one foot below the bcd of the stream."
A Nvaiver for tile depth specifications in this condition play he rcducsted in writing; however, such a
request was not received by the Corps.
Indicate Which of the Following Apply:
?t'nauthorized Activity ?Itiver and Harbor .act, Section 10 (33 t'SC -Itl3)
_ Noncompliance with Permit ?Clean Water Act. Section 301 (33 1'S(• 1311)
t;nirss you have a Department of the Army Permit for the above described activity. it is a violation of lcdcral law
as specified above. YOU have agreed to do no further work in waters or wetlands without the rcquircd Department
of the Arnie Permit. Any further unauthorized work in waters or wetlands will be considered an intentional
violation of federal law. If you do 110 further work in waters and wetlands, and pcrlilrnl the remedial action
requested below. the Corps of Engineers will take no further action in this matter. It- you continue to
?rork in eaters .uu1 wetlands without the required authorir.ation, and/or lilll to perform tile I-CLILICS(CLi
remedial action, the Corps will take liu-ther administrative action. and may request the l!.S. Attorney to
file suit asairlst you. If Vot1 need further information about the Corps of En,oincers re?,ulatory pro??ram.
please contact Andrew Williams at telephone number 91 9J54-4,884 ex. ?G
Remedial action Requested: 1. Provide plans and an implementation timetable for nrceting, W1 limm, toll
District Rc?,ional Condition #13.6 (Safe Passage Requirentcnts for Culvert Placertlcnt) at Crossin, l .
In the future, prior to the placement of any fill material on property that you own, you are adyiscd to
contact the United States Army Corps of Engineers to assist in making` a determination 1f the placement
area is a water of the United States. Waters of the United States include perennial and intermittent
streams, any ponds conu-ueted within these stream types and all adjacent wctlcuuls.
Your signature acknowledges receipt of this notification. Return a signed copy of this notification to
the Raleigh Regulatory Field Office in the enclosed pre-addressed envelope.
Property Owner / Responsible Part- Signature
Regulatory Project Manager Signature`
Date ?cyu.t.?e dy?
WFITA\1) DEIX. EAT1O\ FORM MUST BE A,rT CHID TO THE FILM. COPY OF TIIIS FORM.
Amy Euliss
\C DE\R Winston-Salem Regional Ollie
Division of,\Vater Quality
515 Watiuhtomi Su•eet
Winston-Salem. \C 2-/1()7
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2/17/2011
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