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HomeMy WebLinkAbout20200912 Ver 1_401 Application_20200713DWR mrlslon of Water Resources Pre -Construction Notification (PCN) Form April 11, 2020 Ver 3.1 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#* 20200912 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 * Winston-Salem Regional Office - (336) 776- Select Project Reviewer* 9800 Sue Homewood:eads\slhomewood Information for Initial Review 1a. Name of project: Northern Beltway Culvert 1a. Who is the Primary Contact?* Johanna Velasquez 1b. Primary Contact Email:* Johanna.Velasquez@hdrine.com Date Submitted 7/13/2020 Nearest Body of Water Tributary to Grassy Creek Basin Yadkin -Pee Dee Water Classification Class C Site Coordinates Latitude: Longitude: 36.199046 °-80.297005 ° A. Processing Information County (or Counties) where the project is located: Forsyth Is this a NCDMS Project r Yes IT No Is this project a public transportation project?* r Yes IT No 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) 1c. Primary Contact Phone:* (305)496-2462 1b. What type(s) of permit(s) do you wish to seek authorization? W Nationwide Permit (NWP) r Regional General Permit (RGP) r Standard (IP) 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): 1d. Type(s) of approval sought from the DWR: W 401 Water Quality Certification - Regular r Non-404 Jurisdictional General Permit r Individual Permit 12 - Utility Lines le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: F- 401 Water Quality Certification - E)press 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. Is the 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? r Owner W 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: WA - Existing Utility Line Right-of-way through Parcel ID: 6819-63-9864.00 2b. Deed book and page no.: Deed Book/Page 003508/02665 2c. Responsible party: Duke Energy Carolinas 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. Hoyt@duke-energy.com State / Province / Ifgion North Carolina Country U.S. 2f. Fax Number: r- Yes r No r Yes r No 3. Applicant Information (if different from owner) 3a. Name: Kelly Hoyt 3b. Business Name: Duke Energy Carolinas 3c.Address Street Address 526 South Church Street Address Line 2 (Sty State / Province / F bgion Charlotte North Carolina Postal / Zip Code Country 28202 U.S. 3d. Telephone Number: 3e. Fax Number: (704)382-3308 3f. Email Address:* Kelly.Hoyt@duke-energy.com 4. Agent/Consultant (if applicable) 4a. Name: Johanna Velasquez 4b. Business Name: HDR Engineering, Inc. 4c.Address Street Address 440 S. Church Street, Suite 900 Address Une 2 City State / Province / Region Charlotte North Carolina Postal / Zip Code Country 28202 U.S. 4d. Telephone Number: 4e. Fax Number: (305)496-2462 4f. Email Address:* Johanna.Velasquez@hdrinc.com Agent Authorization Letter* 02_Signed_Agent Authorization form_070120.pdf 289.39KB C. Project Information and Prior Project History u 1. Project Information 1b. Subdivision name: (d appropriate) IWA 1c. Nearest municipality/ town: Winston-Salem 2. Project Identification 2a. Property Identification Number: 6819-63-9864.00 2c. Project Address Street Address 1103 Ziglar Road Address Line 2 City Winston-Salem Postal / Zip OxIe 27105 3. Surface Waters 2b. Property size: 1.11 State / Province / Pegion Forsyth, NC oxr*y U.S. 3a. Name of the nearest body of water to proposed project:* Tributary to Grassy Creek 3b. Water Resources Classification of nearest receiving water:* Class C 3c. What river basin(s) is your project located in?* Yadkin-PeeDee 3d. Please provide the 12-digit HUC in which the project is located. HUC-030401011301 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:* The Study Area consists of an approximately 1.11-acre site comprised of a maintained power line right-of-way with early successional woody, herbaceous, and vine species and a small forested area. Land use in the vicinity of the proposed Project consists of residential, industrial, commercial, and undeveloped forested lands. 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_Topographic.pdf 1.66 MB 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) Forsyth_Co_NRCS_map10.pdf 315.8KB 4f. List the total estimated acreage of all existing wetlands on the property: No wetland areas were identified within the Study Area. 4g. List the total estimated linear feet of all existing streams on the property: Approximately 184 linear feet of stream (Stream 1) have been identified within the Study Area. 4h. Explain the purpose of the proposed project:* The Federal Energy Regulatory Commission (FERC) and the North Carolina Utilities Commission require that Duke Energy maintains access to all transmission structures; therefore, to comply with this requirement, Duke Energy proposes to construct a new access road within the maintained overhead transmission line right-of-way, crossing a tributary to Grassy Creek to access a tie-in structure located to the north of the Project for regular maintenance. Currently, access to Duke Energy's right-of-way is obtained through the City of Winston-Salem Hanes Mill Road Solid Waste Facility (facility) located to the southeast of the Project; however, Duke Energy has recently received notification that the facility plans to eliminate the gravel access road as part of an expansion project. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The proposed dual 84-inch and 60-inch corrugated metal pipe (CMP) culverts were sized to accommodate a 10-year 24-hour storm event without overtopping. Installation of the CMPs and downstream rip rap dissipation pad will result in permanent impacts belowthe Ordinary High Water Mark of the tributary to Grassy Creek. A pump around will be implemented in order to work in the dry and will result in temporary fill associated with impervious dikes and de -watering impacts. The culverts will be installed approximately 1 foot belowthe existing stream bed at a slope that allows for passage of water and movement of aquatic life. Standard construction equipment will be used, such as excavators, backhoes, hauling trucks, etc. 4j. Please upload project drawings for the proposed project. Northern Beltway Culvert Plan Set_ Pages_ for_PCN.pdf 8.9MB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No Comments: HDR conducted a field survey on May 16, 2019 to investigate the Study Area for potential impacts to natural resources, including wetlands and jurisdictional waters of the U.S. regulated under Section 404 of the Clean Water Act (CWA). The survey was conducted according to the methodologies and guidance described in the U.S. Army Corps of Engineers (USACE) 1987 Wetland Delineation Manual, USACE Post-Rapanos guidance (USAGE 1987), the 2012 USACE Eastern Mountains and Piedmont Regional Supplement (Version 2.0) (USACE 2012), and the North Carolina Division of Water Quality (NCDWQ) Methodology for Identification of Intermittent and Perennial Streams and Their Origins (see ttached Stream Form). 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, Anthony Nardo. Agency/Consultant Company: HDR Engineering, Inc. Other: Sd1. Jurisdictional determination upload 06_WOUS.pdf 611.27KB C Unknown 6. Future Project Plans 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 projector related activity? No D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): r- Wetlands W Streams -tributaries r Open Waters r Pond Construction 3. Stream Impacts ❑ Buffers U 3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* �3�name * 3e. Stream Type * 3f. Type of 3g. S. width * Impact ❑ (?) Jurisdiction* �31h. length* 81 Impervious Dike &Pump Temporary Other Unnamed Tributary to Perennial Both 11 52 Around Grassy Creek (S1) Average (feet) (lir�zarfeet) S2 Culvert Permanent Culvert Unnamed Tributaryto Perennial Both 11 77 —] Grassy Creek(S1) Average (feet) (lir�rfeet) S3 Dissipation Pad P Permanent Stabilization Unnamed Tributary rY to Perennial Both 11 20 Grassy Creek (S1) Average (fee) (lines feet) 3i. Total jurisdictional ditch impact in square feet 0 31. Total permanent stream impacts: 3i. Total temporary stream impacts: 97 52 31. Total stream and ditch impacts: 149 3j. Comments: The proposed project proposes 97 linear feet of permanent impacts and 52 linear feet of temporary impacts. 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 culverts will be installed approwmately 1 foot below the eAsting stream bed at a slope that allows for passage of water and movement of aquatic life. Stream bed material (i.e., cobbles/gravels) will be placed in the culvert to mimic natural instream conditions. Erosion and sediment control measures will be implemented before and continue throughout the duration of the project. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: The project will be constructed in the dry and surrounding construction area will be stabilized via sediment and erosion control devices. Disturbed stream banks will be sloped back, seeded with native vegetation, and matted with biodegradable erosion control material. A pump -around vdll be installed to work in the dry. The water will be pumped through a sediment filter bag before returning 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 r 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: The proposed Project Area is not located in a watershed that is subject to the NC Riparian Buffer Protection Rules. 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 15A NCAC 02H .1003(2)? r Yes r No 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? r Yes r No r N/A - project disturbs < 1 acre Comments: G. Supplementary Information 1. Environmental Documentation la. 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 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. Project will not result in additional development as proposed work is to provide access to access structures within transmission line right-of-way. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r Nor N/A 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* r Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes r No Sc. If yes, indicate the USFWS Field Office you have contacted. Raleigh 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 any trees 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 Si. 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? The USFWS's Critical Habitat GIS shapefiles were reviewed and a query of the N.C. Natural Heritage Program's (NCNHP) Data Explore database for protected species distribution and proximity to the Project Area was conducted (see attached Project Report [NCNHDE-12245]). The USFWS's database revealed that there is no active critical habitat for federally protected species within the Project Area. The resulting NCNHP Data Explorer Project Report indicated that no records for rare species, important natural communities, natural areas, and/or conservation/managed areas occur within the Project Area (See attached). Potential habitat for the small-anthered bittercress is found along the Grassy Creek tributary, however, the Project Area is not located within the distribution area for the species and the status of the species in the Forsyth County is historic. No suitable habitat was located within the Project Area for bog turtle or northern long-eared bat. No mature trees (greater than six inches in diameter) exhibiting exfoliating bark (i.e., hickories and oaks) or dead tree snags that would serve as potential roosting habitat for northern long-eared bats exist within the Project Area. According to the NCNHP database and USFWS's GIS database of areas with confirmed hibernation and maternity sites (hftps://www.f4vs.gov/asheville/htmls/project review/NLEB in WNC.html), no known occurrences including hibernacula and/or maternity roost trees have been documented within the Project Area or within 0.25 mile of the Project Area. The Project Area also lacked the marshy meadows and bogs wetlands preferred by the bog turtle. Impacts to the federally listed species for Forsyth County are not anticipated. Correspondence (June 22, 2020) was sent to the USFWS requesting comments on any possible issues that may emerge with respect to endangered species, migratory birds, or other resources from the proposed construction activities. Response from the USFWS (June 26, 2020) stated that suitable summer roosting habitat may be present in the project area for the long-eared bat, however; incidental take that may result from the proposed work is exempt. See correspondence attached. Consultation Documentation Upload Northern_Beltway_USFWS_Letter _20200622.pdf 7.24MB Response _USFWS _20-302 Duke Energy - Northern Beltway Culvert Project - Transmission Line ROW Access.pdf 48.55KB IPaC.pdf 1.39MB project _report _northern_beltway_project_0_25226_25226.pdf 962.02KB 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?* https://vmw.habitat.noaa.gov/protection/efh/efhmapper/ 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. State Historic Preservation Office (NCSHPO) HPOWEB GIS Web Service. The review revealed there are no known cultural resources, historic structures, or historic districts located within the Project area. Archaeological data were not included as part of the NCSHPO GIS services and were not assessed as part of this study. Correspondence (dated June 19, 2020) was sent to the NCSHPO requesting information on historic/cultural resources that may be impacted by the proposed project (See request attached). 7c. Historic or Prehistoric Information Upload Northern_Beltwray_SHPO_Letter_20200619. pdf 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* r Yes r No 8c. What source(s) did you use to make the floodplain determination?* FEMA map number 3710681900 Miscellaneous Comments Miscellaneous attachments not previously requested. 01_Vicinity.pdf 02_Aerial.pdf 05_Flood.pdf R-2247EB (5-15-20) Duke Energy Coordination Final Minutes (002).pdf Stream_Form_S1.pdf LSignature - W By checking the box and signing below, I certify that: 6.11 MB 1.39MB 1.24MB 1 AMB 462.91 KB 196.05KB U • 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 INC 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 �o�rura Yr�rta�ucy Date 7/13/2020 F)l AGENT AUTHORIZATION FORM 1, 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 4041401 authorization associated with the Northern Beltway Culvert Project located in Forsyth 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 Applicants Name Applicar6s Signature 71 1l2 d 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 � i r Agent's Signature July 1, 2020 Date PATH: \\CLT-SRV02 \GIS\PROJECTS\DUKE_ENERGY\101 68654_NBELT_BETHANIA_SHATTALON\7.2_WIP\MAP_DOCS\MXD\PCN\01_VICINITY.MXD - USER: GMARCHICA - DATE: 6/12/2020 NORT HERN BEL TWAY TRANSMISSI ON LINE RELOCATION FIGURE 1 PROJECT V ICINITY SECTION 404 /4 01 PCN 0 1Miles O DATA SOURCE: Esri World To pograp hicBasemap LEGEND Study Are a (1.11 ac) Forsyth County N.C. Study Area PATH: \\CLT-SRV02 \GIS\PROJECTS\DUKE_ENERGY\101 68654_NBELT_BETHANIA_SHATTALON\7.2_WIP\MAP_DOCS\MXD\PCN\02_AERIAL.MXD - USER: GMARCHICA - DATE: 6 /12/2020 NORT HERN BEL TWAY TRANSMISSI ON LINE RELOCATION FIGURE 2 AERIAL MAP SECTION 404 /4 01 PCN 0 500Feet O DATA SOURCE: Bin g Map s Service LEGEND Study Are a RURAL HALL PATH: \\CLT-SRV02 \GIS\PROJECTS\DUKE_ENERGY\101 68654_NBELT_BETHANIA_SHATTALON\7.2_WIP\MAP_DOCS\MXD\PCN\03_TOPOGRAPHIC.MXD - USER: GM ARCHICA - DATE: 6/12/202 0 NORT HERN BEL TWAY TRANSMISSI ON LINE RELOCATION FIGURE 3 TOPOGRAPHIC Q UADRANG LE MAP SECTION 404 /4 01 PCN 0 2,000Feet O DATA SOURCE: Rura l Hall 24 K To pograph icMap (199 4); USA Topo Map Service (2019 ) LEGEND Study A rea Topog rap h ic Quad rang le Grassy CreekFEMA FIRM Panel3710681900 PATH: \\CLT-SRV02 \GIS\PROJECTS\DUKE_ENERGY\101 68654_NBELT_BETHANIA_SHATTALON\7.2_WIP\MAP_DOCS\MXD\PCN\05_FLOOD.MXD - USER: GMARCHICA - DATE: 6/12/2020 NORT HERN BEL TWAY TRANSMISSI ON LINE RELOCATION FIGURE 5 FE MA FLOO D ZO NES AND NCDEQ SURFACE WATER CLASSIFICATIONS SECTION 404 /4 01 PCN (CLI ENT LOGO) 0 500Feet ODATA SOURCE: FEMA Na tiona l Flood Hazard L ayer(NFHL); USGS National Hydrography Da tas et (NHD);NCDEQ DW Q Su rface Wa ter Cla ssific ation s GIS;USFWS National Wetlands Inv entory (NW I) LEGEND Study Are a USG S National Hydrograph yDataset USFWS Nation al Wetlan dsInventory NCDEQ Surface Wa terClassification Class C FEMA Firm Panel FEMA Flood Zone Floodway 100-Year Flood Zone 500-Year Flood Zone 10 Prrs PeE3 i!� wanl nw3J FORSYTH COUNTY, NORTH CAROLINA — SHEET NUMBER 10 N X 1 1 rrr••��� r �x X i•a I' h Rl,nt'Nokr • j r - , ' f m IF 's iti Y� � • rar cea �' HIE HIC Hlr. 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