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HomeMy WebLinkAbout20191586 Ver 1_PCN Form Submission_20191114DWR Olrlslon of Water Resources Pre -Construction Notification (PCN) Form September 29, 2018 Ver 3 Initial Review Has this project met the requirements for acceptance in to the review process?* r Yes r No Is this project a public transportation project?* G Yes r No Change only if needed. BIMS # Assigned * Version#* 20191586 1 Is a payment required for this project?* r No payment required What amout is owed?* r Fee received IT $240.00 r Fee needed - send electronic notification r $570.00 Reviewing Office * Select Project Reviewer* Asheville Regional Office - (828) 296-4500 Amy Annino:eads\amannino Information for Initial Review 1a. Name of project: Chestnut 100 kV Line Tower # 9 Emergency Repairs Project 1a. Who is the Primary Contact?* Johanna Velasquez 1b. Primary Contact Email:* Johanna.Velasquez@hdrinc.com Date Submitted 11/14/2019 Nearest Body of Water Drowning Creek Basin Catawba Water Classification WS-IV Site Coordinates Latitude: 35.72711 A. Processing Information County (or Counties) where the project is located: Burke Is this project a public transportation project?* r Yes r No Longitude: -81.421666 1a. Type(s) of approval sought from the Corps: W Section 404 Permit (wetlands, streams and waters, Clean Water Act) r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) 1b. What type(s) of permit(s) do you wish to seek authorization? * Nationwide Permit (NWP) * Regional General Permit (RGP) 7 Standard (IP) 1c. Primary Contact Phone:* (980)337-5012 U 1c. Has the NWP or GP number been verified by the Corps? r Yes r No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): n/a 1d. Type(s) of approval sought from the DWR: W 401 Water Quality Certification - Regular r Non-404 Jurisdictional General Permit r Individual Permit 45 - Repair of Uplands Damaged le. Is this notification solelyfor the record because written approval is not required? For the record onlyfor DWR401 Certification: For the record onlyfor Corps Permit: F 401 Water Quality Certification - E)iress r Riparian Buffer Authorization 1f. Is this an after -the -fact permit application?* r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No Acceptance Letter Attachment 1h. lathe project located in any of NC's twenty coastal counties? r Yes r No 1j. Is the project located in a designated trout watershed? r Yes r No B. Applicant Information 1d. Who is applying for the permit? W Owner r Applicant (other than owner) le. Is there an Agent/Consultant for this project?* r Yes r No 2. Owner Information 2a. Name(s) on recorded deed: Duke Energy Carolinas 2b. Deed book and page no.: DB:000019 DP:00095 2c. Responsible party: POC: Kelly Hoyt 2d.Address Street Address 526 South Church Street Address tine 2 City Charlotte Postal / Zip Code 28202 2e. Telephone Number: (704)382-3308 2g. Email Address:* Kelly.Ebyt@duke-energy.com 4. Agent/Consultant (if applicable) State / Province / Region North Carolina Country Mecklenburg County 2f. Fax Number: r Yes r No r Yes r No 4a. Name: Johanna Velasquez 4b. Business Name: HDR Inc 4c.Address Street Address 440 South Church Street, Suite 900 Address Line 2 aty Charlotte Postal / Zip Code 28202-2075 4d. Telephone Number: (980)337-5012 4f. Email Address:* Johanna. Velasquez@hdrinc.00m Agent Authorization Letter* Agent_Authorization_Signed. pdf State / Province / Region North Carolina Country Mecklenburg County 4e. Fax Number: 38.16KB C. Project Information and Prior Project History C^) 1. Project Information 1b. Subdivision name: (d appropriate) n/a 1c. Nearest municipality/town: Town of Hildebran 2. Project Identification 2a. Property Identification Number: 2782183423 2c. Project Address Street Address 9151 Wilson Road Address Line 2 city Connelly Springs Postal / Zip Code 28612 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Drowning Creek 3b. Water Resources Classification of nearest receiving water:* WS-IV 3c. What river basin(s) is your project located in?* Catawba 3d. Please provide the 12-digit HUC in which the project is located. 030501010804 4. Project Description and History 2b. Property size: 1.05 State / Province / legion North Carolina Country Burke County 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 site is an active pastureland transected by a power line corridor and a stream (Tributary to Drowning Creek). There are two transmission towers located within the site. The general use of the land in the vicinity of the project is agricultural and rural residential. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* r Yes r No r Unknown 4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) 03_ChestnutTower_TopoQuad.REV.pdf 1.86MB 4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) 05_ChestnutTower_Soils.REV.pdf 2.8MB 4f. List the total estimated acreage of all existing wetlands on the property 0 4g. List the total estimated linear feet of all existing streams on the property 107 feet located near property boundary 4h. Explain the purpose of the proposed project:* The purpose of the proposed project is to stabilize the existing transmission steel lattice tower (Tourer #9) and restore the stream banks that have been impacted by heavy rain storms. Specifically, recent rain events have washed out the stream embankment adjacent to Tower #9, causing one leg of the tower to be fully exposed just above the grillage anchor and placed the adjacent leg in close proximity to the edge of the eroded bank. The USACE authorized Duke Energy to make emergency repairs to protect and stabilize Tower #9 from further degradation under a Nationwide Permit 45 (Repair of Uplands Damaged by Discrete Events) as detailed in an email correspondence between Duke Energy and the USACE (see attached). 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* Emergency repairs consisted of installing approximately 1664 square feet of rip -rap which extended approximately 107 linear feet along the right bank of the Tributary to Drowning Creek and around the tower legs. Approximately 162 square feet of biodegradable erosion control fabric was installed along the left bank 4j. Please upload project drawings for the proposed project. Drawings_ Chestnut 100kV Tower-PEN.pdf 1.7MB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No Comments: Stream was delineated within the limit of the project area only. 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary r Approved r Not Verified r Unknown r N/A Corps AID Number: 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Johanna Velasquez Agency/Consultant Company: HDR Inc Other: 5d9. Jurisdictional determination upload 06_ChestnutTower_WOUS. pdf Stream_Form.pdf 6. Future Project Plans 2.45MB 97.02KB C Unknown 6a. Is this a phased project?* r Yes r 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? No D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): r Wetlands W Streams -tributaries r Buffers r Open Waters r Pond Construction 3. Stream Impacts 3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* 3d. S. name* 3e. Stream Type * 3f. Type of 3g. S. width * �3h. Impact (?) Jurisdiction* length* Stabilization Permanent Fill Trib. to Drownin Creek Perennial Corps 12 107 >1 9 P Average (feet) (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 31. Total permanent stream impacts: 3i. Total temporary stream impacts: 107 0 3i. Total stream and ditch impacts: 107 3j. Comments: After -the -fact impacts to approximately 107 linear feet of stream to stabilize the right stream bank that was impacted by recent storm events. E. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The exposed and eroded stream banks were stabilized using rip -rap to protect Tower #9 from further degradation. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: All equipment completed the repairs from adjacent uplands and did not directly access the stream in order to avoid and minimize impacts to the stream. 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? r Yes f• No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: According to Regional Conditions (3.2), the proposed impacts do not exceed a loss of more than 150 linear feet of stream. 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? r Yes r No If no, explain why: Stream is located within the Catawba watershed but it is not located within the mainstem of the Catawba River. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15ANCAC 02H .1003(2)? r Yes r No Comments: The emergency repair to the stream embankment does not require the construction of an impervious area or the use of impervious materials. G. Supplementary Information C^U 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* r Yes r No 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)? * r Yes r No 2b Provide an explanation of the violation(s): 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* r Yes r No 3b. If you answered "no," provide a short narrative description. This Project is an emergency repair to an existing transmission tower, and will not result in additional development. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r' Yes C No r' WA 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?* r Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes r No 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. Is another Federal agency involved?* r Yes r No 5e. Is this a DOT project located within Division's 1-8? r Yes r No 5f. Will you cut anytrees in order to conduct the work in waters of the U.S.? r Yes r No 5g. Does this project involve bridge maintenance or removal? r Yes r No 5h. Does this project involve the construction/installation of a wind turbine(s)?' r Yes r No r Unknown 51. 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.? r' Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? A query of the North Carolina Natural Heritage Program was completed which indicated that there are no record of rare species, important natural communities areas or conservation/managed areas within one -mile of the project boundary (see attached). The USFWS's Critical Habitat GIS shapefiles Consultation Documentation Upload Chestnut_1001kV USFWS_letter_20191113.pdf 2.76MB project _report _chestnut _100kv_line _21598_21598.pdf 825.95KB 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* r Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* NOAA's Essential Fish Habitat Mapper at https://www.habitat.noaa.gov/application/efhmapper/index.html 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?* r Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* HDR reviewed the National Park Service National Register of Historic Places (NRHP) GIS Public Dataset and the N.C. Historic Preservation Office (NCHPO). 7c. Historic or Prehistoric Information Upload Chestnut_100kV_SHPO_Letter_20191113.pdf 3.39MB 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* r Yes r No 8b. If yes, explain how project meets FEMA requirements: The amount of rip -rap being installed (1,664 square feet) within the floodplain is not anticipated to cause a rise in existing floodplain elevations. 8c. What source(s) did you use to make the floodplain determination?* FEMA map number 3710278200J. Miscellaneous Comments Miscellaneous attachments not previously requested. Correspondence. pdf Parcellnfo_ags_efc8a3d3afae4798a931f830b698054e.pdf Parcel2_Info_ags_ fbe9d914a39442efa65845cOa3589417. pdf Signature ® By checking the box and signing below, I certify that: 451.55KB 507.48KB 506.77KB • 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: Johanna Velasquez Signature J4 W-r--41 Date 11/14/2019 F)2 AGENT AUTHORIZATION FORM I, Kelly Hoyt hereby certify that I have authorized Johanna _Velasquez, representing HDR Engineering, Inc. of the Carolinas, to act on my behalf and take all actions necessary to the processing and issuance of the Section 404/401 authorization associated with the Chestnut 100kV Line Tower 9 Improvements Project located in Burke County, North Carolina. We hereby certify that the information submitted in this application is true and accurate to the best of our knowledge. Kelly Hoyt _Duke Energy Carolinas, LLC Applicant's Name — 14��Ile, 44:�� Applicant' Signature Date hdrinc.com 440 South Church Street Suites 900 & 1000, Charlotte, NC 28202-2075 T 704 338 6700 F 704.338.6760 Johanna Velasquez, HDR Agent's Name Agent's Signature November 12, 2019 Date Longview Granite Falls Copyright:© 2013 National Geographic Society, i-cubed PATH: \\CLT-SRV02\GIS\PROJECTS\DUKE_ENERGY\10190977_CHESTNUT_100KV_TOWER\7.2 _WIP \MAP_DOCS\MX D\4 04_P ERMIT\03 _CHEST NUTTOWER_TOPOQUAD.MXD - USER: JVELAS QUEZ - DATE: 11/12/20 19 CHESTNUT 100KV LINE TOWER # 9 EMERGENCY REPAIRS PROJECT FIGURE 3 USGS TOPOGRAPHIC QUADRANGLE SECTION 401/404 PCN (CLIENT LOGO) 0 2,000Feet O DATA SOURCE: USGS 24K Topographic Maps: Long View (2019); USA Topo Map GIS Service LEGEND Study Area Topgraphic Quadrangle RhE FaD2 FaC2 FaC2 FaC2 FaB2 FaC2 FaB2 AaA FaC2 RhE FaB2 FaD2 FaD2 FaC2 FaC2FaB2 FaC2 FaB2 FaC2 NC Center for Geographic Information & Analysis PATH: \\CLT-SRV02\GIS\PROJECTS\DUKE_ENERGY\10190977_CHESTNUT_100KV_TOWER\7.2 _WIP \MAP_DOCS\MX D\4 04_P ERMIT\05 _CHEST NUTTOWER_SOILS.MXD - USER: JVELAS QUEZ - DATE: 11/12/20 19 CHESTNUT 100KV LINE TOWER # 9 EMERGENCY REPAIRS PROJECT FIGURE 5 NRCS SOIL SURVEY OF BURKE COUNTY, NORTH CAROLINA SECTION 401/404 PCN (CLIENT LOGO) 0 500Feet O DATA SOURCE: USA NRCS Soils Survey of Burke County NC (2019); NC OneMap Ortho Imagery LEGEND Study Area Hydric Rating (1 - 32%) Soils Map Unit FaC2 –Fairview sandy clay loam, 8 to 15 percent slopes, moderately erodedOn-Site Soils Burke Co unty, N COctober 15, 20 19 Owne r:DU KE EN ERG Y C OR POR AT IO NP O BOX 10 07 CH ARL OTTE, NC 282 01PropertyAddress:915 1 W ILSON RDCONNELLY SP RIN GS 286 12PROPERTY_D ESC PIN :278 21 834 23PIN EXT:000REID:387 28Property Va lue :$11 ,3 93Acreage:1Deed Bo ok:000 01 9Deed Page :000 95Deed Da te :7/11/1 997 1:00:0 0 AM Dis claimer: T he inf orm at ion co nta ined on th is page is taken from ae rial ma pping,tax ma pping, and public records a nd is NOT t o be con st rued or used as a s urv eyor 'leg al d escrip tion '. Only a lic ens ed profes sional land s urv ey or can leg allydetermine prec ise lo cations, el eva tion s, length and direct ion of a line, a nd areas. 0 33 0165 Fe et 1:2,11 4 1 inch = 1 76 fee t Burke Co unty, N COctober 15, 20 19 Owne r:OR DER S SR , MIC HAEL RO BER T3236 LAIL ST HILDEBRAN , N C 2 863 7PropertyAddress:0 W IL SON R DCONNELLY SP RIN GS 286 12PROPERTY_D ESC PIN :278 21 813 72PIN EXT:000REID:422 50Property Va lue :$12 ,5 52Acreage:2Deed Bo ok:001 94 0Deed Page :002 73Deed Da te :12/30 /201 0 1:00 :00 AM Dis claimer: T he inf orm at ion co nta ined on th is page is taken from ae rial ma pping,tax ma pping, and public records a nd is NOT t o be con st rued or used as a s urv eyor 'leg al d escrip tion '. Only a lic ens ed profes sional land s urv ey or can leg allydetermine prec ise lo cations, el eva tion s, length and direct ion of a line, a nd areas. 0 33 0165 Fe et 1:2,11 4 1 inch = 1 76 fee t HDR Engineering Inc.440 S. Church St. Suite 1000Charlotte, NC 28202-2075704.338.6700of the CarolinasN.C.B.E.L.S. License Number F-01161 inch = 10 ft.( IN FEET )GRAPHIC SCALE0101020405AS-BUILT TOPO OF EMERGENCY REPAIRSHISTORIC PHOTO BEFORE WASHOUTWASHOUT PHOTO #1WASHOUT PHOTO #2RIP-RAP FILL AND STABILIZATION1664 SQUARE FEET ALONG 107LINEAR FEET OF STREAMC:\pwworking\east01\d1214173\Chestnut 100kV Tower.dwg, PEN, 10/15/2019 9:06:52 PM, RBAYSDEN !( !( !( !( !( !( !( !(!(!(!(!( !( !(!( !( !(!(!(!(!( !( !( !( !( !( !(!( NC Center for Geographic Information & Analysis PATH: \\CLT-SRV02\GIS\PROJECTS\DUKE_ENERGY\10190977_CHESTNUT_100KV_TOWER\7.2_WIP\MAP_DOCS\MXD\WORKING\06_CHESTNUTTOWER_WOUSREVJV.MXD - USER: GMARCHICA - DATE: 11/6/2019 CHESTNUT 100KV LINE TOWER 9 IMPROVEMENTS PROJECT FIGURE 6 DELINEATED WATERS OF THE U.S. SECTION 401/404 PCN (CLIENT LOGO) DATA SOURCE: Aerial Imagery Bing Map HybridGPS POINTS WERE COLLECTED USING TRIMBLE GEO7X AND POST-PROCESSED LEGEND Study Area #Chestnut Tower !(GPS Point Matting HDR Delineated Stream Inside Outside Topographic Contours (2ft) !( !( !( !( !( !( !( !(!( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !! !! # 0 250Feet O 0 50Feet O Stream 1306 linear feet MattingLocation NC ❑WO Stream Identification Form Version 4.11 Date: jQ 130 Project/Site: ifAe4gL� Tpu,,�vr j Latitude:35, 72 1 2 'a7�- Evaluator: �tll� rS �` County: �Ui Longitude: - V . ¢2 j 9 Z.S Total Points: Stream is at least intermittent 3 Stream Determination (cii kronej•; Ephemeral Intermittent Perennial p Other Lon Y(pW Z4�. �e. Quad Name: 9 if>_ 19 orperennial if 2: 30" A. Geomorphology Subtotal = Z-U ) Absent j Weak Moderate Strong 18,Continuity of channel bed and bank 0 2 3 2. Sinuosity of channel along thalweg 0 1 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 1 �l �`J� 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict floodplain 0 1 2 3) 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 2 3 9. Grade control 0 0.5 1 1 1.5 10. Natural valley 0 0.5 1 1.5 11. Second or greater order channel No = 0 Yes 3 artificial ditches are not rated; see discussions in manual B. Hvdroioav (Subtotal = 101-Iss ) 12. Presence of Baseflow 0 1 2 3 13. Iron oxidizing bacteria 0 1 (D 3 14. Leaf litter 1.5 0.5 0 15. Sediment on plants or debris 0 ('� i 1 1.5 16. Organic debris lines or piles 0 (-0.5 1.5 17. Soil -based evidence of high water table? No = 0 Yes 3 C. Siolociv (Subtotal = J ._ i ] 18. Fibrous roots in streambed 2 1 0 19. Rooted upland plants in streambed 3 2 1 0 20. Macrobenthos (note diversity and abundance) 0 1) 2 3 21. Aquatic Mollusks 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 0. 1 1.5 24. Amphibians 0 0.5 1 1.5 25. Algae 0 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 Other 0 'perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: See �JrY� uC �'i'tJ�-&t4 hdrinc.com 440 S Church Street, Suites 900 & 1000, Charlotte, NC 28202-2075 (704) 338-6700 November 12, 2019 Ms. Renee Gledhill-Earley North Carolina State Historic Preservation Office State Historic Preservation Officer 4617 Mail Service Center Raleigh, NC 27699-4617 Subject: Duke Energy - Chestnut 100 kV Line Tower # 9 Emergency Repairs Project Town of Hildebran, Burke County Dear Ms. Gledhill-Earley: HDR, on behalf of our client Duke Energy Carolinas, LLC (Duke Energy), requests review and comment on potential impacts to archaeological or historic resources that may result from construction activities associated with the Chestnut 100 kilovolt (kV) Line Tower 9 Improvements Project (Project) located in Hildebran, Burke County, North Carolina (Figures 1 and 2). Heavy rains in June 2019 washed out the embankment adjacent to Duke Energy’s 100 kV lattice tower No. 9. This rapid erosion caused one of the tower legs to become fully exposed and placed the adjacent leg in close proximity to the edge of the cut bank. Photographs of the site from before and after the rain event are provided as attachments. Due to the urgency of the repairs needed, Duke Energy under provisions of the Clean Water Act Section 404 Nationwide Permit 45 (Repair of Uplands Damaged by Discrete Events), was permitted to reconstruct the embankment using rip-rap to fill the upland area that had been eroded by the increased streamflow that resulted from the heavy rains events. An area of approximately 1,664 square feet along 107 linear feet of stream was filled with rip-rap to stabilize the tower footprint and the stream bank. The proposed Project will require the issuance of the Nationwide Permit 45 from the U.S. Army Corps of Engineers Asheville Regulatory Field Office. The Study Area consists of an approximately 7.5-acre site comprised of herbaceous/pasture land (Figure 3). Land use in the vicinity of the proposed Project consists of residential, commercial, and undeveloped forested lands. The National Park Service National Register of Historic Places (NRHP) GIS Public Dataset and the N.C. State Historic Preservation Office (NCSHPO) HPOWEB GIS Web Service were reviewed. The review indicated that there are four known historic structures (house) located within one mile of the Project Area; however, no historic structures or districts were identified within the Project Area (Figure 4). Archaeological data are not included in NCHPO GIS services; therefore, this information was not assessed as part of this study. We ask that you review the Project Area based on the attached information to determine if there may be any adverse impacts to historic or culturally important properties. If you have any questions or Chestnut 100kV Line Tower 9 Improvements Project October 31, 2019 Page 2 require additional information after your review of the enclosed materials, please contact me at (980) 337-5012 or Johanna.Velasquez@hdrinc.com. Respectfully, _____________________ Johanna Velasquez, Environmental Scientist Attachments: Site Photographs Figure 1. Project Location Figure 2. Project Aerial Figure 3. USGS 24K Quadrangles Figure 4. N.C. Historic Preservation Office HPOWEB cc: Kelly Hoyt – Duke Energy Chestnut 100kV Line Tower 9 Improvements Project October 31, 2019 Page 3 Photograph 1 – Original Location of Stream Bank (Facing downstream) Photograph 2 – View of Eroded Bank and Tower Legs (Facing East) Chestnut 100kV Line Tower 9 Improvements Project October 31, 2019 Page 4 Photograph 3 – View of Eroded Bank and Tower Legs (Facing Upstream) Photograph 4 – Culvers South of Tower 9 (Facing South) Chestnut 100kV Line Tower 9 Improvements Project October 31, 2019 Page 5 Photograph 5 – Stream 1, Tributary to Drowning Creek (Facing Downstream) Photograph 6 – Stream 1, Tributary to Drowning Creek (Facing Downstream) Chestnut 100kV Line Tower 9 Improvements Project October 31, 2019 Page 6 Photograph 7 – Rip-Rap Installed Along Stream Embankment (Facing Southeast) 1 Velasquez, Johanna Subject:FW: Duke Energy Transmission Line Tower Stream Erosion - Burke County Kelly Hoyt, PMP Duke Energy Transmission Permitting 526 S Church St. EC09Q Charlotte, NC 28202 C: (307)-752-4301 O: (704)-382-3308 https://nam05.safelinks.protection.outlook.com/?url=www.duke- energy.com&amp;data=02%7C01%7CEric.Mularski%40hdrinc.com%7C1afc1eecaa364a32c9bd08d6f4c30920%7C3667e2 01cbdc48b39b425d2d3f16e2a9%7C0%7C0%7C636965516453596072&amp;sdata=K1CfNbZSgRHJdweTr8vhFW%2FDbp7 8fHNwGUrrGSUybSE%3D&amp;reserved=0 -----Original Message----- From: Jones, M Scott (Scott) CIV USARMY CESAW (US) [mailto:Scott.Jones@usace.army.mil] Sent: Wednesday, June 19, 2019 10:11 AM To: Cary, Neal <Neal.Cary@duke-energy.com> Cc: Hoyt, Kelly <Kelly.Hoyt@duke-energy.com>; Price, Zan (George) <Zan.Price@ncdenr.gov>; Sue Homewood <sue.homewood@ncdenr.gov>; william.faulkner@nc.usda.gov; travis.smith@burkenc.org; Cahoon, Steve <Steve.Cahoon@duke-energy.com> Subject: FW: Duke Energy Transmission Line Tower Stream Erosion - Burke County *** Exercise caution. This is an EXTERNAL email. DO NOT open attachments or click links from unknown senders or unexpected email. *** Hi Neal - Thanks for meeting on site yesterday in Burke County. Per our conversation, the work Duke is proposing to stabilize the transmission tower and restore the stream channel to pre-storm conditions may be undertaken under NWP 45 (attached). After re-reading the notification requirements for this permit, Duke Energy will need to submit a pre- construction notification (PCN) application (attached) to my office. Duke Energy may undertake emergency steps to temporarily stabilize the tower as needed. As you move forward with developing the long-term repair and stabilization strategy, I would strongly encourage touching base with NCDOT and local sewer collection authority to coordinate the upcoming work since both have infrastructure in or adjacent to the proposed work area. Mr. Zan Price and Ms. Sue Homewood with the NC Division of Water Resources are copied on this message for their awareness. Mr. William Faulkner, Burke County NRCS Office, and Mr. Travis Smith, Burke Soil & Water Conservation District, are also copied should Duke Energy and the landowner want to discuss opportunities to exclude cattle from the stream, restore riparian vegetation, and stabilize the downstream reach. FYI - the Burke County GIS website lists Duke Energy as the 2 property owner of the parcel located on stream bank right (also in pasture) where the transmission tower(s) are located. Please let me know if you have any additional questions. Scott Jones, Chief Asheville and Charlotte Regulatory Field Offices USACE - Wilmington District 151 Patton Avenue, Room 208 Asheville, NC 28801-5006 O - 828.271.7980, ext. 4222 -----Original Message----- From: Jones, M Scott (Scott) CIV USARMY CESAW (US) Sent: Monday, June 17, 2019 11:12 AM To: Allen, Yates <yallen@ncdot.gov>; rdbryan@ncdot.gov Cc: Hoyt, Kelly <Kelly.Hoyt@duke-energy.com>; Neal.Cary@duke-energy.com; Fuemmeler, Amanda J CIV (US) <Amanda.Jones@usace.army.mil> Subject: Duke Energy Transmission Line Tower Stream Erosion - Burke County Good Morning Gentlemen - I have been talking this morning with Mr. Cary Neal of Duke Energy regarding a transmission tower in Hildebran, NC. Heavy rains last week washed out the embankment proximal to Duke Energy's 100kV lattice tower. One leg is fully exposed just above the grillage anchor, and another is dangerously close to further erosion. Since this is an emergency situation, Duke will take measures to temporarily secure the tower legs with Class A rock armoring. There is an on-site meeting tomorrow morning (Tuesday, 6/18) at 09:00 to review the situation. The tower is located immediately downstream of a NCDOT road culvert which, according to Duke, has a significant amount of debris on the upstream side of the culvert as well as scattered rock rip rap downstream that previously stabilized the culvert crossing. Mr. Neal (704.575.3424) would like to speak with someone at NCDOT about the debris in the stream upstream/downstream of the culvert and the work they will be doing to permanently re-stabilize the tower. Please feel free to forward this message to another in DIV 13 as needed. Thanks. Scott Jones, Chief Asheville and Charlotte Regulatory Field Offices USACE - Wilmington District 151 Patton Avenue, Room 208 Asheville, NC 28801-5006 O - 828.271.7980, ext. 4222 NCNHDE-10506 October 17, 2019 Johanna Velasquez HDR Inc 440 S. Church Street Charlotte, NC 28202 RE: Chestnut 100kV Line; 10190977 Dear Johanna Velasquez: The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database, based on the project area mapped with your request, indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary, or within a one-mile radius of the project boundary. Please note that although there may be no documentation of natural heritage elements within or near the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. Please also note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may also not be redistributed without permission. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rodney.butler@ncdcr.gov or 919.707.8603. Sincerely, NC Natural Heritage Program Powered by TCPDF (www.tcpdf.org) Page 2 of 2 hdrinc.com 440 S Church Street, Suites 900 & 1000, Charlotte, NC 28202-2075 (704) 338-6700 November 13, 2019 Mr. Bryan Tompkins U.S. Fish and Wildlife Service Asheville Field Office 160 Zillicoa Street Asheville, NC 28801 Subject: Duke Energy - Chestnut 100 kV Line Tower # 9 Emergency Repairs Project Town of Hildebran, Burke County Dear Mr. Tompkins: HDR, on behalf of our client Duke Energy Carolinas, LLC (Duke Energy), requests review and comment on potential impacts to threatened and endangered species that may result from the emergency repairs associated with the Chestnut 100 kilovolt (kV) Line Tower 9 Improvements Project (Project) located in Hildebran, Burke County, North Carolina (Figures 1 and 2). Heavy rains in June 2019 washed out the embankment adjacent to Duke Energy’s 100 kV lattice tower No. 9. This rapid erosion caused one of the tower legs to become fully exposed and placed the adjacent leg in close proximity to the edge of the cut bank. Photographs of the site from before and after the rain event are provided as attachments. Due to the urgency of the repairs needed, Duke Energy under provisions of the Clean Water Act Section 404 Nationwide Permit 45 (Repair of Uplands Damaged by Discrete Events), was permitted to reconstruct the embankment using rip-rap to fill the upland area that had been eroded by the increased streamflow that resulted from the heavy rains events. An area of approximately 1,664 square feet along 107 linear feet of stream was filled with rip-rap to stabilize the tower footprint and the stream bank. The proposed Project will require issuance of the Nationwide Permit 45 from the U.S. Army Corps of Engineers Asheville Regulatory Field Office. The Study Area consists of an approximately 7.5-acre site comprised of herbaceous/pasture land (Figure 3). Land use in the vicinity of the proposed Project consists of residential, commercial, and undeveloped forested lands. An updated species list (https://www.fws.gov/raleigh/species/cntylist/burke.html) for Burke County was obtained from the U.S. Fish and Wildlife Service (USFWS) website (last updated on June 27, 2018). A summary of federally protected species in Burke County is provided in Table 1. Chestnut 100kV Line Tower 9 Improvements Project October 31, 2019 Page 2 Table 1. Federally Protected Species for Burke County, North Carolina Common Name Scientific Name Federal Designation1 Record Status2 Vertebrates Bald eagle Haliaeetus leucocephalus BGPA Current Bog turtle Glyptemys muhlenbergii T (S/A) Current Northern long-eared bat Myotis septentrionalis T Current Vascular Plants Dwarf-flowered heartleaf Hexastylis naniflora T Current Heller’s blazing star Liatris helleri T Current Mountain golden heather Hudsonia montana T Current Small whorled pogonia Isotria medeoloides T Current Spreading avens Geum radiatum E Historic White irisette Sisyrinchium dichotomum E Current Lichen Rock gnome lichen Gymnoderma lineare E Current 1 BGPA = Bald and Golden Eagle Protection Act E = Endangered. A taxon “in danger of extinction throughout all or a significant portion of its range. T = Threatened. A taxon “likely to become endangered within the foreseeable future throughout all or a significant portion of its range.” T (S/A) = Threatened due to similarity of appearance. A taxon that is threatened due to similarity of appearance with another listed species and is listed for its protection. 2 Current = the species has been observed in the county within the last 50 years. Historic = the species was last observed in the county more than 50 years ago. The USFWS’s Critical Habitat GIS shapefiles were reviewed and a query of the North Carolina Natural Heritage Program’s (NCNHP) Data Explorer database for protected species distribution and proximity to the Project Area was conducted (see attached Project Report [NCNHDE-10506]). The NCNHP Project Report summarizes occurrences of federally and state-protected species, critical habitat, and managed areas that have been documented within a one-mile radius of the Project Area. The NCNHP Data Explorer query revealed that no known occurrences of federally protected species have been documented in the Project Area or within a one-mile radius of the Project Area. HDR biologists consulted available reference materials and conducted an on-site survey on October 30th, 2019. The field survey revealed that the Project Area is a highly disturbed cattle pasture, where potential habitat for the above listed species is not present. We respectfully request that you review the Project Area and the attached information to determine if there may be any adverse impacts to federally protected species. If you have any questions or require additional information after your review of the enclosed materials, please contact me at (980) 337-5012 or Johanna.Velasquez@hdrinc.com. Respectfully, Johanna Velasquez, Environmental Scientist Attachments: Site Photographs Chestnut 100kV Line Tower 9 Improvements Project October 31, 2019 Page 3 Figure 1. Project Location Figure 2. USGS Longview 7.5-Minute Quadrangle Figure 3. Project Aerial NCNHP Project Report cc: Kelly Hoyt – Duke Energy Carolinas Chestnut 100kV Line Tower 9 Improvements Project October 31, 2019 Page 4 Photograph 1 – Original Location of Stream Bank (Facing downstream) Photograph 2 – View of Eroded Bank and Tower Legs (Facing East) Chestnut 100kV Line Tower 9 Improvements Project October 31, 2019 Page 5 Photograph 3 – View of Eroded Bank and Tower Legs (Facing Upstream) Photograph 4 – Stream 1 Rip-Rap Embankment (Facing Downstream) Chestnut 100kV Line Tower 9 Improvements Project October 31, 2019 Page 6 Photograph 5 – Stream Bank with Rip-Rap Embankment (Facing Downstram) Photograph 6 – View of Site (Facing East) Chestnut 100kV Line Tower 9 Improvements Project October 31, 2019 Page 7 Photograph 7 – View of Site (Facing Southwest)