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HomeMy WebLinkAbout20200340 Ver 3_ePCN Application_20210716DWR Dlrlslon of Water Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) June 1, 2021 Ver4.1 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?* r Yes r No Change only if needed. BIMS # Assigned 20200340 Is a payment required for this project?* r No payment required r Fee received r Fee needed - send electronic notification Reviewing Office* Mooresville Regional Office - (704) 663-1699 'Information for Initial Review la. Name of project: Cowans Ford Floating Bulkhead Ramp and Storage Project la. Who is the Primary Contact?* Joe Arcella 1b. Primary Contact Email:* joseph.arcella@duke-energy.com Date Submitted 7/16/2021 Nearest Body of Water Lake Norman Basin Catawba Water Classification WS-N, B; CA Site Coordinates Latitude: Longitude: 35.441845-80.960761 A. Processing Information County (or Counties) where the project is located: Lincoln Is this a NCDMS Project r Yes r No Is this project a public transportation project?* r Yes r No Pre -Filing Meeting Information Version#* 3 What amout is owed?* IT $240.00 r" $570.00 Select Project Reviewer* Alan Johnson:eads\adjohnson1 1c. Primary Contact Phone:* (704)812-1151 Is this a courtesy copy notification?* r Yes r No ID# 20-0340 Pre -fling Meeting or Request Date 6/3/2021 Attach documentation of Pre -Filing Meeting Request here: pick the upload button or drag and drop files here to attach document DWR Pre -Filing Meeting Request Form_20210603.pdf File type rtust be FCF 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) Has this PCN previously been submitted?* IT Yes r No Please provide the date of the previous submission.* 2/15/1921 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: 36 - Boat Ramps 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 401 Water Quality Certification 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: Version 2 49.49KB r 401 Water Quality Certification - Express 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 IT No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No 1h. Is the project located in any of NC's twenty coastal counties? r Yes IT 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 Corp: DUKE POWER CO REAL EST DV 2b. Deed book and page no.: 1221-329 * r Yes r No r Yes r No 2c. Contact Person: Michael Brissie - Duke Energy Carolinas, LLC 2d.Address Street Address 257 Duke Lane Address Line 2 City Stanley Postal / Zip Code 28164 2e. Telephone Number: (704)812-1132 2g. Email Address:* michael.brissie@duke-energy.com 4. Agent/Consultant (if applicable) 4a. Name: Eric Mularski 4b. Business Name: HDR 4c.Address Street Address 440 S. Church Street, Suite 900 Address Line 2 aty Charlotte Postal / Zip Code 28202 4d. Telephone Number: (704)973-6878 4f. Email Address:* erie.mularski@hdrine.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: ff appropriate) 1c. Nearest municipality/ town Lowesville 2. Project Identification State / Rwince / legion NC Country USAC 2f. Fax Number: State / Rwince / Region NC Country USACE 4e. Fax Number: 2a. Property Identification Number: 2b. Property size: 78530; 56191 45 2c. Project Address Street Address 257 Duke Lane Address Line 2 City State / Rwince / Region Stanly NC Postal / Zip Code Country 28164 USA 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Lake Norman 3b. Water Resources Classification of nearest receiving water:* WS-N, B; CA 3c. What river basin(s) is your project located in?* Catawba 3d. Please provide the 12-digit HUC in which the project is located. 03050103 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:* Approximately 45.0 -acre site comprised of an existing rip rap levee, maintained grass area, and roadside right-of-way. Land use in the vicinity of the proposed Project consists of residential, power generation, and open water/recreational uses. 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 If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000). CWA Section 404 U.S. Army Corps of Engineers (USACE) Nationwide Permit 36 (Boat Ramps) on 3/16/2020 (SAW-2020-00448). Approval of the project under 401 Water Quality General Certification Number 4132 and/or 4145 was received from the N.C. Division of Water Resources (NCDWR), dated 3/18/2020. Email authorization was received from the USACE on 2/17/2021 and an NCDWR approval letter for modifications under 401 Water Quality General Certification Number 4132 and/or 4145 was also received, dated 3/2/2021 4f. List the total estimated acreage of all existing wetlands on the property 4g. List the total estimated linear feet of all existing streams on the property: 4h. Explain the purpose of the proposed project:* Duke Energy is requesting a modification to the approved Clean Water Act (CWA) Section 404 Nationwide Permit 36 (Boat Ramps)/Section 401 Water Quality General Certification Number 4132 for additional impacts to open waters (Lake Norman) for Duke Energy's Cowans Ford Floating Bulkhead Ramp and Storage Project (SAW-2020-00448/DWR# 20-0340) in Lincoln County, North Carolina. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* Duke Energy and their construction contractor, Crowder Company (Crowder) is requesting approximately 0.05 acres (730 cubic yards) of additional permanent open water fill (rip rap) and approximately 0.28 acres of temporary de -watering impacts along the sides of the boat ramp to facilitate a safer Portadam cofferdam system during construction. The maximum capacity to retain water in a Portadam system is 10 feet. The additional stone fill around the boat ramp will allow for additional freeboard and would provide additional safety to workers during construction during wakes from the lake during windy days or days with high boat traffic. The fill will be associated with the additional area associated with the expanded Portadam area and fill under the boat ramp. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No Comments: 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): Agency/Consultant Company: Other: 6. Future Project Plans 6a. Is this a phased project?* r Yes r No O Unknown 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? D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): r Wetlands r Streams -tributaries F Buffers W Open Waters r Pond Construction 4. Open Water Impacts 4a. Site # 4a1. Impact Reason 4b. Impact type 4c. Name of wat,rbody 4d. Activity type 4e. Waterbody type 4f. Impact area Fill P Lake Norman Fill _11 Lake OF05 De-Watering T Lake Norman Dewatering Lake 0.28 4g. Total temporary open water Impacts: 4g. Total permanent open water impacts: 0.28 0.05 4g. Total open water impacts: 0.33 4h. Comments: 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: Water will be pumped on -shore and filter bags will be utilized to remove sediment. A cofferdam system will be utilized to let construction work be performed in the dry and to minimize impacts to Lake Norman. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Live concrete will not be allowed to enter the waterway and all appropriate erosion and sediment control devices will be installed and maintained through the duration of the project. A cofferdam system Will be utilized to let construction work be performed in the dry and to minimize impacts to Lake Norman. 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: This project does not meet the requirements for mitigation. 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 What type of SCM are you providing? r Level Spreader r Vegetated Conveyance (lower SHWT) r Wetland Swale (higher SMNT) r Other SCM that removes minimum 30 % nitrogen W Proposed project will not create concentrated stormwater flow through the buffer 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 Comments i G. Supplementary Information 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 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. Launch ramp will be utilized to inspect the nearby dam. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r Nor 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 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? USACE IPaC and NC Heritage Trust Database. 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?* EFH Mapper. 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?* National Park Service NRHP GIS Public Dataset and the NCSHPO HPO GIS Webservice 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-yearfloodplain?* r Yes r No 8b. If yes, explain how project meets FEMA requirements: A no -rise certification was submitted to Lincoln County. Project Activities will not increase base flood elevations. 8c. What source(s) did you use to make the floodplain determination?* FEAM Map Services Center: FEMA FIRM Panel 4612K Miscellaneous Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred. dick the upload button or drag and drop files here to attach docunwA Cowans Ford Floating Bulkhead Ramp and Storage Project SAW-2020-00448 - MODIFICATION REQUEST.msg.pdf 169.8KB Attachmentl_Section404_401_2020_Approvals.pdf 10.8MB Attach ment2_Section404_401—Mod ification#1_2021_Approvals.pdf 897.25KB Attach ment3_CowansFords_ImpactArea_July2021.pdf 3.3MB Cowans new impact area with measurements.pdf 368.26KB File mist be PDF a Kv2 Comments Signature ® By checking the box and signing below, I certify that: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief; and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • 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: Eric Mularski Signature Date 7/16/2021 m " W CF470-B-01 1 Noa'w-9-01t3a3Nna no irmo-^»-� Y w m I I 1.0 U LL -- m� 0 O 0 E U dLLom� wm "' -0 co 4 co C ` co - U co_ `m U N U co O ❑ o p I U O M N a N a` �0 s sN: -_ - V W N - N E - - m 7 O Q N N 3 0 F 0 a — o is N m � a (n a— O 0 o C �I co N � tI OLLQa'LLa'� o Q r -_ n 30 _I 0 Jg C L L mL O O ' LL �3 (6 N L.I_ I C O o a O w Q O 0 O N LL a C /�/ L.I. N _ V Q w s I J m 0 O O ` N C N Nm m " W CF470-B-01 1 Noa'w-9-01t3a3Nna no irmo-^» = oGo I I dV-H I I D R_ - - ir 0 s N a o - v o O T u O U- o — — q a co _ Z�� E - VE EN E^ E^ - Ln ui °m o c, E3 E-a E3 n3 ., O 3 it - `a co 000^ 5 ICI s Ez am ao ao G w ao o� o a e a s b � _ L- OE � o o 30 oML Q r � Q f O f F Jg V I I o w O _ 6 - U w VJ L J p r - O =ww � o �I 0 o a Uw wa N � C O LL � W r � 3J O O LL � �w �3s � (i33�) rvoiiun3�3 Mularski, Eric From: Nardo, Anthony <Anthony.Nardo@hdrinc.com> Sent: Wednesday, February 17, 2021 4:50 PM To: Stygar, KRYSTYNKA B CIV USARMY CESAW (USA) Cc: Arcella, Joseph Louis; Byrum, Wade M Subject: [EXTERNAL] RE: Cowans Ford Floating Bulkhead Ramp and Storage Project SAW-2020-00448 Ms. Stygar, Thank you for the reply. The email notification should suffice for our needs. We appreciate the quick turnaround and will send you the project completion form when the work has been completed. Thank You, Tony Nardo D 980.337.5004 M 814.449.7827 hdrinc.com/follow-us From: Stygar, KRYSTYNKA B CIV USARMY CESAW (USA) <Krystynka.B.Stygar@usace.army.mil> Sent: Wednesday, February 17, 20214:14 PM To: Nardo, Anthony <Anthony.Nardo@hdrinc.com> Cc: Arcella, Joseph Louis <Joseph.Arcella@duke-energy.com>; Byrum, Wade M <Wade.Byrum @duke-energy.com> Subject: RE: Cowans Ford Floating Bulkhead Ramp and Storage Project SAW-2020-00448 CAUTION: [EXTERNAL] This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Mr. Nardo, Good afternoon, Yes I have received the documents and described changes to SAW-2020-00448. Based on the information provided, the additional impacts are allowed, and permitted. I have adjusted the permanent impacts to reflect the changes in Cowans Ford Floating Bulkhead Ramp and Storage Project as described. USACE agrees that the 50 CY of discharge is waived, and that the additional discharge will not result in no more than minimal adverse environmental effects. Please let me know if this email will suffice based on project needs, or if more documentation would be requested. Regards Krysta From: Nardo, Anthony <Anthony.Nardo@hdrinc.com> Sent: Wednesday, February 10, 2021 8:34 AM To: Stygar, KRYSTYNKA B CIV USARMY CESAW (USA) <Krystynka.B.Stygar@usace.army.mil> Cc: Arcella, Joseph Louis <Joseph.Arcella@duke-energy.com>; Byrum, Wade M <Wade.Byrum @duke-energy.com> Subject: [Non-DoD Source] RE: Cowans Ford Floating Bulkhead Ramp and Storage Project SAW-2020-00448 Ms. Stygar, I am following up to confirm you received the email, and attachments, sent on February 5, 2021. If you have any questions or need more information please feel free to contact me at the mobile number below or at this email address. Thank You, Tony Nardo D 980.337.5004 M 814.449.7827 hdrinc.com/follow-us From: Nardo, Anthony Sent: Friday, February 5, 2021 3:38 PM To: Krystynka.b.stygar@usace.army.mil Cc: Arcella, Joseph Louis <ioseph.arcella@duke-energy.com>; Byrum, Wade M <Wade.Byrum @duke-energy.com>; Cahoon, Steve <Steve.Cahoon@duke-enerey.com>; Gentry, Sarah <Sarah.Gentrv@hdrinc.com> Subject: Cowans Ford Floating Bulkhead Ramp and Storage Project SAW-2020-00448 Dear Ms. Stygar, I am writing on behalf of Duke Energy Carolinas, LLC (Duke Energy) in reference to SAW-2020-00448, Cowans Ford Floating Bulkhead Ramp and Storage Project, which was verified by Ms. Catherine Janiczak of the US Army Corps of Engineers (USACE) in March 2020. Duke Energy proposed to install a launch ramp for a floating bulkhead that will be used for dam inspections for the nearby Cowans Ford Hydroelectric Station. Duke Energy received verification of the Nationwide Permit 36 on March 16, 2020, authorizing permanent impacts of 0.14 acre (See Attachment 1). A portion of this work is already completed, the rip rap and crushed stone base has been installed and a portion of the concrete slab was installed on top. Duke Energy and their construction contractor, Crowder Construction Company (Crowder), originally proposed to install the ramp via a causeway. Crowder proposed to pour the concrete slabs onshore and then push/pull them into place. During the construction process, this method proved not to be feasible. The construction plan was redesigned with a proposed cofferdam system, provided by Portadam. This method will allow construction to be completed in the dry and ensure design compliance for the ramp. (See Attachment 2 — Portadam Example for a simplified example of the installation.) Please note, the de -watering of the work area will not be discharged directly into the lake. The construction sequence will be as follows: • Crowder will install rock past the end of the existing ramp (see Attachment 3 — Revised Impact Figure for additional details). • The cofferdam framework will be preassembled on land, placed in the water using a forklift or excavator, floated to the desired location, and rested on the bottom. • Once in the desired location, heavy-duty netting will be installed on the framework, and then the liner will be floated out and installed over the netting and framework. • Once the liner is installed, the work area will be de -watered. • De -watering will be accomplished with two to three pumps placed inside spill containments onshore (see Attachment 4 — De -watering Plan for additional details): o Rip rap will be placed onshore in an upland area for the pump discharge. o Once the water reaches appropriate levels, 4-inch pumps will be utilized with sediment bags before discharge onshore. The water from the temporary workspace will be run through sediment bags and then allowed to infiltrate in the upland area or return via overland flow to the lake. o Pumps will be used to keep the work area dry. Once the area is de -watered, the launch ramp construction will be completed, by installing the concrete slabs. Once construction is finished, water will be pumped back into the de -watered area. The liner will be removed, the netting will be removed, and finally the framework will be removed and moved onshore. The newly proposed permanent impacts will result from the placement of rip rap at the end of the ramp to facilitate the cofferdam installation. The rip rap will result in approximately 0.02 acre (56 cubic yards) of additional permanent impacts. Total permanent impacts are 0.16 acre (1,513.4 cubic yards) for original and newly proposed work. The de -watered workspace area will result in approximately 0.18 acre of temporary impacts. If you have any questions or require additional information after your review of the enclosed materials, please contact me at (814) 449-7827 or Anthony. Nardoandrinc.com. Respectfully, Tony Nardo Environmental Scientist HDR 440 S. Church Street, Suite 900 Charlotte, NC 28202 D 980.337.5004 M 814.449.7827 Anthony. Nardo(cDhdrinc.com hdrinc.com/follow-us ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANI£L SMITH Director NORTH CAROLINA Environmental Quality March 2, 2021 DWR# 20-0340V2 Lincoln County Mr. Joseph Arcella Duke Energy Carolinas 257 Duke Lane Stanley, NC 28164 Delivered via Email: Joseph.Arcella(c�duke-enrgy.com Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions Cowans Ford Boat Ramp Dear Mr. Arcella: You have our approval, in accordance with the General Certification and those conditions listed below, for the purpose proposed in your application submitted on February 15, 2021, and fee received on February 16, 2021. After reviewing your application, we have determined that this project is covered by Water Quality General Certification Number 4132 and/or 4145 which can be viewed on our web site at https://deg.nc.gov/about/divisions/water- resources/water-resources-permits/wastewater-branch/401-wetlands-buffer-permits/401-401- isolated-wetlands-waters-program The General Certification allows you to use Nationwide Permit Number 36 and/or Regional General Permit 30 once it is issued to you by the U.S. Army Corps of Engineers (COE). Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. The above noted Certification will expire when the associated 404 permit expires unless otherwise specified in the General Certification. It is advised that all conditions of the Certification are reviewed prior to initiation of the project. In addition to the requirements of the Certification, you must also comply with the following conditions: This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us in writing, and you may be required to send us a new application for a new Certification. If total wetland fills for this project (now or in the future) exceed one acre, or of total impacts to streams (now or in the future) exceed 300 linear feet, compensatory mitigation may be required. If the property is sold, the new owner must be given a copy of the Certification and approval letter; and is thereby responsible for complying with all conditions. 15A NCAC 02H .0506 and 15A NCAC 02H .0507 2. The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas has commenced. 15A NCAC 02H .0502 (e) D E Qom, _ North Carolina Department of Environmental Quality I Division of Water Resources wJ�}/� Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115 N11H fH (:A�i(1!.INA � 0­O'tore'wml talQ"I 704,663.1699 3. Approved Impacts: Type of Impact Amount Approved Temporary Impact Amount Approved Permanent Impact Open Water (fill) 0.18 acre 0.02 acre Wetland 0 acre 0 acre 4. Stormwater discharge structures at this site shall be constructed in a manner such that the potential receiving streams (of the discharge) will not be impacted due to sediment accumulations, scouring or erosion of the stream banks. 15A NCAC 02H .0506(b)(5) 5. Use of native vegetation and other soft stream bank stabilization techniques is recommended where practicable instead of riprap or other bank hardening methods. If riprap is necessary, it shall not be placed in the streambed, unless approved by DWR 6. The permittee shall report to the Mooresville Regional Office any noncompliance with this certification, any violation of stream or wetland standards [including but not limited to sediment impacts, and any violation of state regulated riparian buffer rules. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the applicant became aware of the circumstances. A written submission shall also be provided within 5 business days of the time the applicant becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the written submission requirement on a case -by -case basis. 15A NCAC 02B .0200 7. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2) 8. Upon completion of the project, the applicant shall complete and return a "Certificate of Completion" form to the 401/Wetlands Branch of the Division using the following link: https://edocs.deq.nc.gov/Forms/Certificate-of-Completion. 15A NCAC 02H .0507(c) This Certification can be contested as provided in Articles 3 and 4 of the General Statute 150B by filing a written petition for an administrative hearing to the Office of the Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/or by calling the OAH Clerk's Office at (919) 431-3000. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday, 8:00 am to 5:00 pm, excluding state holidays). The petitions may be faxed to the OAH at (919) 431-3100, provided the original and one (1) copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (UPS. FedEx, etc.) Office of Administrative Hearings 1711 New Hope Church Rd. Raleigh, NC 27609-6285 One (1) copy of the petition must also be served on DEQ as follows: Mr. Bill Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review by the Division under Section 401 of the Clean Water Act. If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704-663-1699. Sincerely, DocuSigned by: A"*tW H PU-J.14 for F161FB69A2D84A3... W. Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office, DEQ Attachment cc: Krysta Stygar, Army Corps of Engineers, Charlotte, email Tony Nardo, HDR, Anthony. nardo(d)-hdrinc.com DWR 401 & Buffer Permitting Branch file MRO, Land Quality CERTIFICATE OF COMPLETION NCDWR Project No.: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: Certificate of Completion County: Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 Wetland & Buffer Permitting Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form may be returned to NCDWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Agent's Certification Date: I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Engineer's Certification Partial Final Date: I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Registration No. Date U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2020-00448 County: Lincoln U.S.G.S. Quad: NC -Lake Norman South GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Duke Energy Carolinas, LLC Joseph Arcella Address: 257 Duke Lane Stanley, NC 28164 Telephone Number: 704-812-1151 E-mail: Joseph.Arcella(a)duke-energv.com Size (acres) 45 Nearest Town Stanley Nearest Waterway Catawba River River Basin Santee USGS HUC 03050101 Coordinates Latitude: 35.441845 Longitude:-80.960761 Location description: The project area is located 100 feet Northeast of the intersection of Club Drive and Ravenwood Lane in Lincoln County. PIN(s): 78530, 56191. Description of projects area and activity: This verification authorizes the permanent impact of 0.14 acres of Lake Norman for a launch ramp. Applicable Law(s): ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: NWP 36. Boat Ramps SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed Conditions, your application signed and dated 3/4/2020, and the enclosed plans Figure 9 & Figure 10 dated 1/8/2020. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management Morehead City, NC, at (252) 808-2808. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Catherine M. Janiczak at 704-510-1438 or Catherine.M.Janiczak(a)usace.army.mil. Corps Regulatory Official: ( )VG, L,Date: 03/16/2020 Expiration Date of Verification: 03/18/2022 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 Copy furnished: Agent: HDR Engineering of the Carolinas Tony Nardo Address: 440 South Church Street, Suite 900 Charlotte, NC 28202 Telephone Number: 980-337-5004 E-mail: Anthony.nardo(&hdrinc.com Action ID Number: SAW-2020-00448County: Lincoln Permittee: Duke Enemy Carolinas, LLC, Joseph Arcella Project Name: Cowans Ford Floating Bulkhead Ramp and Storage Project Date Verification Issued: 03/16/2020 Project Manager: Catherine M. Janiczak Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Catherine M. Janiczak Charlotte Regulatory Office U.S Army Corps of Engineers 8430 University Executive Park Drive, Suite 615 Charlotte, North Carolina 28262 or Catherine.M.Janiczak@usace.army.mil Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. 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DANIEL SMITH Dlrri Mr Mr. Joseph Arcella Duke Energy Carolinas 257 Duke Lane Stanley, NC 28164 14ORTF4 CAROLINA Em*n+Fme"rol Qualify March 18, 2020 DWR# 20-0340 Lincoln County Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions Cowans Ford Boat Ramp Dear Mr. Arcella: You have our approval, in accordance with the General Certification and those conditions listed below, for the purpose proposed in your application dated March 4, 2020, and received by the Division of Water Resources (the Division) on March 5, 2020. After reviewing your application, we have determined that this project is covered by Water Quality General Certification Number 4132 and/or 4145 which can be viewed on our web site at https://deg. nc.gov/about/divisions/water-resources/water-resources-permits/wastewater- branch/401-wetlands-buffer-permits/401-401-isolated-wetlands-waters-program The General Certification allows you to use Nationwide Permit Number 36 and/or Regional General Permit 30 once it is issued to you by the U.S. Army Corps of Engineers (COE). Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. The above noted Certification will expire when the associated 404 permit expires unless otherwise specified in the General Certification. It is advised that all conditions of the Certification are reviewed prior to initiation of the project. In addition to the requirements of the Certification, you must also comply with the following conditions: This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us in writing, and you may be required to send us a new application for a new Certification. If total wetland fills for this project (now or in the future) exceed one acre, or of total impacts to streams (now or in the future) exceed 300 linear feet, compensatory mitigation may be required. If the property is sold, the new owner must be given a copy of the Certification and approval letter; and is thereby responsible for complying with all conditions. 15A NCAC 02H .0506 and 15A NCAC 02H .0507 2. The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas has commenced. 15A NCAC 02H .0502 (e) �rxeh Gralina [)cpurenx++1 of EmironmrrAsl QuaiAy I D1►Ystan n! YWrrer Rnvr�cre D E Q-7-54 Worr+ti+lk Revaul Men I bld East CrrAer Avenue. Sine XH Mmore"*. Non C v rm 28495 704.t.6316" 3. Approved Impacts: Type of Impact Amount Approved Temporary Impact Amount Approved Permanent Impact Open Water (fill) 0 acre 0.14 acre Wetland 0 acre 0 acre 4. Stormwater discharge structures at this site shall be constructed in a manner such that the potential receiving streams (of the discharge) will not be impacted due to sediment accumulations, scouring or erosion of the stream banks. 15A NCAC 02H .0506(b)(5) 5. Use of native vegetation and other soft stream bank stabilization techniques is recommended where practicable instead of riprap or other bank hardening methods. If riprap is necessary, it shall not be placed in the streambed, unless approved by DWR 6. The permittee shall report to the Mooresville Regional Office any noncompliance with this certification, any violation of stream or wetland standards [including but not limited to sediment impacts, and any violation of state regulated riparian buffer rules. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the applicant became aware of the circumstances. A written submission shall also be provided within 5 business days of the time the applicant becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the written submission requirement on a case -by -case basis. 15A NCAC 02B .0200 7. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2) 8. Upon completion of the project, the applicant shall complete and return a "Certificate of Completion" form to the 401/Wetlands Branch of the Division using the following link: https://edocs.deq.nc.gov/Forms/Certificate-of-Completion. 15A NCAC 02H .0507(c) This Certification can be contested as provided in Articles 3 and 4 of the General Statute 150B by filing a written petition for an administrative hearing to the Office of the Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/or by calling the OAH Clerk's Office at (919) 431-3000. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday, 8:00 am to 5:00 pm, excluding state holidays). The petitions may be faxed to the OAH at (919) 431-3100, provided the original and one (1) copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (UPS. FedEx, etc.) Office of Administrative Hearings 1711 New Hope Church Rd. Raleigh, NC 27609-6285 One (1) copy of the petition must also be served on DEQ as follows: Mr. Bill Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review by the Division under Section 401 of the Clean Water Act. If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704-663-1699. Attachment Sincerely, for Corey Basinger, Regional Supervisor Water Quality Regional Operations Section Mooresville Regional Office, DEQ cc: Cathy Janiczak, Army Corps of Engineers, Charlotte, email Tony Nardo, HDR, Anthony.nardo(o)hdrinc.com DWR 401 & Buffer Permitting Branch file MRO, Land Quality CERTIFICATE OF COMPLETION NCDWR Project No.: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: Certificate of Completion County: Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 Wetland & Buffer Permitting Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form may be returned to NCDWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Agent's Certification Date: I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Engineer's Certification Partial Final Date: I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Registration No. Date Mularski, Eric From: Mularski, Eric Sent: Friday, July 16, 2021 10:40 AM To: Johnson, Alan (alanjohnson@ncdenr.gov) Subject: FW: Cowans Ford Floating Bulkhead Ramp and Storage Project SAW-2020-00448 - MODIFICATION REQUEST Attachments: Attach ment2_Section404_401_Modification#1_2021_Approvals.pdf; Attachment3 _CowansFords_ImpactArea_July2021.pdf; Attachment1_Section404_401_2020 _Approvals.pdf; Cowans new impact area with measurements.pdf Ms. Stygar and Mr. Johnson, HDR, on behalf of Duke Energy Carolinas, LCC (Duke Energy), is requesting a modification to the approved Clean Water Act (CWA) Section 404 Nationwide Permit 36 (Boat Ramps)/Section 401 Water Quality General Certification Number 4132 for additional impacts to open waters (Lake Norman) for Duke Energy's Cowans Ford Floating Bulkhead Ramp and Storage Project (SAW-2020-00448/DWR# 20-0340) in Lincoln County, North Carolina. Krysta — Your voicemail indicated that you are on maternity leave until mid -July so I copied Bryan Roden -Reynolds on this request. Alan — I will also submit a new application electronically and pay the application fee to process this request. Original Section 404/401 Approval (March 2020) — An electronic Pre -Construction Notification (PCN) was submitted to authorize approximately 0.14 acre of permanent fill (1,558 cubic yards) to install a boat launch (i.e., ramp) for a floating bulkhead that would be used for dam inspections for the nearby Cowans Ford Hydroelectric Facility. Duke Energy received authorization for construction under a CWA Section 404 U.S. Army Corps of Engineers (USACE) Nationwide Permit 36 (Boat Ramps) on 3/16/2020 (SAW-2020-00448). Approval of the project under 401 Water Quality General Certification Number 4132 and/or 4145 was received from the N.C. Division of Water Resources (NCDWR), dated 3/18/2020 (see Attachment 1 — Section 404/401 2020 Approvals). Section 404/401 Modification #1 — (February 2021) — The original boat launch design included installation via a causeway by pouring the concrete slabs onshore and then pushing/pulling them into place. During the construction process, this method proved to be not feasible. The construction plan was redesigned to utilize a cofferdam system, provided by Portadam, which allowed construction of the ramp to be completed in the dry. A modification was submitted to the USACE and NCDWR for an additional 0.02 acres (56 cubic yards) of permanent open water impacts at the end of the previously permitted boat ramp to facilitate installation of the Portadam cofferdam system. The temporary de -watering workspace associated with the cofferdam will result in approximately 0.18 acre of temporary open water impacts. Email authorization was received from the USACE on 2/17/2021 and an NCDWR approval letter for modifications under 401 Water Quality General Certification Number 4132 and/or 4145 was also received, dated 3/2/2021 (see Attachment 2 — Modification #1 Approvals). Section 404/401 Modification #2 (July 2021) - Duke Energy and their construction contractor, Crowder Company (Crowder) is requesting approximately 0.05 acres (730 cubic yards) of additional permanent open water fill (rip rap) and approximately 0.28 acres of temporary de -watering impacts along the sides of the boat ramp to facilitate a safer Portadam cofferdam system during construction. The maximum capacity to retain water in a Portadam system is 10 feet. The additional stone fill around the boat ramp will allow for additional freeboard and would provide additional safety to workers during construction during wakes from the lake during windy days or days with high boat traffic. The fill will be associated with the additional area associated with the expanded Portadam area and fill under the boat ramp (see Attachment 3 — Cowans Ford Impact Area). Below is a chart that details the timeline of approved Section 404/401 impacts as well as newly requested impacts associated with this project. Type of Original Modification #1 Modification #1 Impact Amount of Amount of Amount of Modification #2 Modification Approved Approved Approved Permanent Impact #2 Temporary Permanent Permanent Temporary Impact (requested July 2021) Impacts (requested Impacts Impact (February 2021) July 2021) (March 2020) (February 2021) Open 0.14 acre 0.14 acre (original) + Water (original) + 0.02 0.02 acre (Modification (Fill) 0.14 acres acre 0 acre #1) + 0.05 acre 0 acre (Modification #1) (Modification #2) = 0.21 = 0.16 acre acre TOTAL TOTAL Open 0.18 acre Water (Modification #1) + (De- 0 acres 0 acre 0.18 acre 0 acre 0.28 acres Watering) (Modification #2) _ 0.46 acre TOTAL Crowder provided Duke Energy with the construction sequence below: • Crowder will place a turbidity curtain around the perimeter of the work area. • Crowder will install a rip rap causeway below the normal pool elevation in line with the proposed boat ramp. The causeway will serve as a stone base for the Portadam in order to facilitate the assembly of the cofferdam. The rip rap causeway will be removed once the area is dewatered. • Crowder will install rock past the end of the existing ramp. • The cofferdam framework will be preassembled on land, placed in the water using a forklift or excavator, floated to the desired location, and rested on the bottom. • Once the framework is established in the desired location, heavy-duty netting will be installed on the framework, and then the liner will be floated out and installed over the netting and framework. • The work area will be de -watered once the liner is installed. • De -watering will be accomplished with two to three pumps placed inside spill containments onshore: o Rip rap will be placed onshore in an upland area for the pump discharge. o Once the water reaches appropriate levels, 4-inch pumps will be utilized with sediment bags before discharge onshore. The water from the temporary workspace will be run through sediment bags and then allowed to infiltrate in the upland area or return via overland flow to the lake. o Pumps will be used to keep the work area dry. • Once the area is de -watered, the launch ramp construction will be facilitated by installing the concrete slabs. • Water will be pumped back into the temporary de -watered area once the construction is completed. • The Portadam will be dissembled and removed. Please do not hesitate to contact me should you have questions or require additional information to modify the existing Section 404/401 authorizations for this project. Thank you, Eric Mularski, Pws Environmental and Regulatory Team Lead HDR 440 S. Church Street Charlotte, NC 28202 D 704-973-6878 M 704-806-1521 Eric. mularski(cDhdrinc.com hdrinc.com/follow-us Contact Name* Contact Email Address* Project Owner* Project Name* Project County* Owner Address:* Is this a transportation project?* Steve G CAHOON steve.cahoon@duke-energy.com Duke Energy, Carolinas, Inc. Cowan's Ford Boat Ramp Lincoln Street Address 410 S Wilmington St Address Line 2 aty Raleigh Postal / Zip axle 27601 C Yes c: No Type(s) of approval sought from the DWR: W 401 Water Quality Certification - F- 401 Water Quality Certification - Regular Express F- Individual Permit W Modification F- Shoreline Stabilization Does this project have an existing project ID#?* c: Yes C No Please list all existing project ID's associated with this projects.* DWR#20-0340 DWR#20-340v2 State / Province / Pegion NC Country United States Do you know the name of the staff member you would like to request a meeting with? Alan Johnson Please give a brief project description below and include location information.* Minor permit modification to allow for a slight increase in project impact and additional fill material due to construction modifications needed to install ramp. By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. 1 understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. I also understand that DWR is not required to respond or grant the meeting request. Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an application. Signature * Submittal Date 6/3/2021