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HomeMy WebLinkAbout20040589 Ver 2_401 Application_20210818Staff Review Does this application have all the attachments needed to accept it into the review process?* r Yes r No ID#* 20040589 Version* 2 Is this project a public transportation project?* r Yes r No Reviewer List:* Alan Johnson:eads\adjohnson1 Select Reviewing Office:* Mooresville Regional Office - (704) 663-1699 Submittal Type:* 401 Application Does this project require a request for payment to be sent?* r Yes r No How much is r $240.00 owed?* r $570.00 Project Submittal Form Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all mandatory questions are answered. Project Type: * r For the Record Only (Courtesy Copy) r New Project r Modification/New Project with Existing ID r More Information Response r Other Agency Comments r Pre -Application Submittal r Re-Issuance\Renewal Request r Stream or Buffer Appeal Pre -Filing Meeting Information Before submitting this form please ensure you have submitted the Pre -Filing Meeting Request Form as we will not be able to accept your application without this important first step. The Pre -Filing Meeting Request Form is used in accordance with 40 C.F.R. Section 121.4(a) "At least 30 days prior to submitting a certification request, the project proponent shall request a pre -filing meeting with the certifying agency" and in accordance with 40 C.F.R. Section 121.5(b)(7), and (c)(5) all certification requests shall include documentation that a pre -filing meeting request was submitted to the certifying authority at least 30 days prior to submitting the certification request. Click here to read more information on when this form is needed prior to application submission or here to view the form. Attach documentation of Pre -Filing Meeting Request here: DWR 30 Pre app_South Point.pdf Date for Meeting Request 9/18/2020 ID# 20040589 Version 2 Project Contact Information Name: Chris Huysman who is subrritting the information? Email Address: chrishuysman@wetlands-waters.com Project Information Project Name: South Point Access Area Is this a public transportation project? r Yes r No 395.07KB Is the project located within a NC DCM Area of Environmental Concern (AEC)? r Yes r No r Unknown County (ies) Gaston Please upload all files that need to be submited. aick the upload button or drag and drop files here to attach document SHPO Letter South Point.pdf 95.32KB South Point Access Area Preliminary ORM Data 171.88KB Entry Fields for New Actions 20210413 (1).pdf USFWS Letter —South Point.pdf 205.44KB APPROVED Gaston County Stormwater_South 326.25KB Point.pdf Catawba Indian Nation Letter —South Point.pdf 252.89KB USACE Pre -Construction Notification_ July 2021 556.48KB South Point_signed.pdf Erosion Control Plans —South Point.pdf 4.81MB Plan Details —South Point.pdf 4.31MB Plan Impact Set —South Point.pdf 5.04MB Only pdf or kn7 files are accepted. Describe the attachments or comments: Section 10, 404 & 401 Request Buffer Authorization Request Sign and Submit W By checking the box and signing box below, I certify that: ■ I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. ■ I, 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 agree that submission of this online 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 online form. Signature: Submittal Date: Is filled in automatically. D# * 20040589 Version* 2 Regional Office* Mooresville Regional Office - (704) 663-1699 Reviewer List* Alan Johnson Pre -Filing Meeting Request submitted 9/18/2020 Contact Name* Contact Email Address* Project Name* Project Owner* Project County* Owner Address: Meagan Jolly meaganjolly@wetlands-waters.com South Point Access Area Duke Energy Carolinas, LLC Gaston Street Address Address Line 2 aty Fbstal / Zip Code Is this a transportation project?* r Yes r No State / Rovince / Region Country Type(s) of approval sought from the DWR: * 401 Water Quality Certification - I 401 Water Quality Certification - Regular Express * Individual Permit F Modification 140 Shoreline Stabilization Does this project have an existing project ID#?* C Yes (-- No 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. FERC-Mandated recreational commitments and shoreline stabilization. Buffer authorization for swim beach (water -dependent structure) will be required as well. 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Type(s) of approval sought from the Corps: El Section 404 Permit ®Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number: 198200030 1c. Has the NWP or GP number been verified by the Corps? ® Yes ❑ No 1d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ® Riparian Buffer Authorization 1e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ® No For the record only for Corps Permit: ❑ Yes ® No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes ® No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ® No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: South Point Access Area / Duke Public Recreation Area 2b. County: Gaston 2c. Nearest municipality / town: Belmont 2d. Subdivision name: n/a 2e. NCDOT only, T.I.P. or state project no: n/a 3. Owner Information 3a. Name(s) on Recorded Deed: Duke Energy Carolinas, LLC & Duke Power Company ATTN Property Tax Division 3b. Deed Book and Page No. 9402/232 3c. Responsible Party (for LLC if applicable): Brian Couture 3d. Street address: 526 South Church Street/EC12K 3e. City, state, zip: Charlotte, NC 28202 3f. Telephone no.: 704-382-9257 3g. Fax no.: 704-382-4671 3h. Email address: Brian.Couture@duke-energy.com Page 1 of 12 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑ Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Chris Huysman 5b. Business name (if applicable): Wetlands & Waters, Inc. 5c. Street address: 328 East Broad Street, Suite D 5d. City, state, zip: Statesville, NC 28677 5e. Telephone no.: 336.406.0906 5f. Fax no.: n/a 5g. Email address: chrishuysman@wetlands-waters.com Page 2 of 12 PCN Form — Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 194635, 193551 1b. Site coordinates (in decimal degrees): Latitude: 35.1611 Longitude: - 81.0136 (DD.DDDDDD) (-DD.DDDDDD) 1c. Property size: 70 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Lake Wylie proposed project: 2b. Water Quality Classification of nearest receiving water: WS-V, B 2c. River basin: Catawba 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The site is characterized by mid -successional woodlands and an established public boat access/park and associated facilities including a parking lot and boat ramps. Lake Wylie adjoins the eastern and southern site boundary. Land use in the vicinity of the project is residential, commercial and recreational. The project area is designated for recreational uses under the 2018 FERC Comprehensive Relicensing Agreement (CRA) 3b. List the total estimated acreage of all existing wetlands on the property: 0.25 acres 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 0 LF 3d. Explain the purpose of the proposed project: The overall project purpose is to fulfill recreational commitments for the South Point Access Area project area as stipulated in the Comprehensive Relicensing Agreement (CRA) for the Catawba-Wateree Hydro Project No. 2232. The FERC process established the proposed Ianduses through a stakeholder process that was comprised of fedral, state,and local governmental agencies as well as environmental groups. The current design was completed in reliance of meeting the requirements and objectives of the agreement. The basic purpose of each activity is to meet the specific requirements outlined in the FERC-approved Recreation Management Plan (RMP) filed pursuant to the CRA. 3e. Describe the overall project in detail, including the type of equipment to be used: The project is depicted on the attached plans which show parking areas, picnic facilities, fishing piers, walking trails and a swimming beach. Typical construction equipment will be used, including pans, dozer, backhoes and excavator, etc. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / El Yes ®No El Unknown project (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type El Preliminary El Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Wetlands & Waters, Inc. Name (if known): Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for ❑ Yes ❑ No ® Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. Existing boat ramps were in place prior to 1993 and have been continually maintained since then. Page 3 of 12 PCN Form — Version 1.3 December 10, 2008 Version 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. Page 4 of 12 PCN Form — Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑ Wetlands ❑ Streams - tributaries ® Buffers ® Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non-404, other) (acres) Temporary T W1 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W2 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W6 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g. Total wetland impacts 2h. Comments: Wetland areas will not be impacted by the proposed land uses. 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non-404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S2 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S3 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S4 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S5 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S6 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h. Total stream and tributary impacts 3i. Comments: No streams are within the project area. Page 5 of 12 PCN Form — Version 1.3 December 10, 2008 Version 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number — (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 01 ®P ❑ T Lake Wylie/Catawba Bank stabilization, beach piers / Lake Wylie/Catawba 0.241 River abutments, and rockjetties. River 02 ❑ P ❑ T See Attached Table 03 ❑P❑T 04 ❑P❑T 4f. Total open water impacts 0.241 4g. Comments: See the attached table for impacts to open waters. Open water impacts total 0.241 acres of which only 0.04 acres of loss will occur from the installation of concrete abutments for the fishing piers and from the rock jetties designed to protect the beach area. The remainder of the impacts (0.201 acres) are permanent impacts but not a loss of waters as they do not convert the area to dry ground. 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 K Total 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: Page 6 of 12 PCN Form — Version 1.3 December 10, 2008 Version -6 U cl 0 �0 29 y i. w w cl cl � N O O O O O O O O O N N U ri +O W CA, N N CA \� N U ti N -cc, � V -cc, cd U CA CA CA W4pr. CA cl CC O Ey o 0 00 0 0O o0 O U cl 0 � O 0 O O O O cl cl c c O to U U Oc 0 to O O U to O cl 'C p to O 0 �. U � U O cl u cl O +' C O O CIJ U cl U O O O N cd ' cn ,ter cl cl Sir ,ter ,ter cd cl cl N 7t U v \O 01 U ONOOO d\ CC°O"� 0 U cl cl cl cl cl 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. ❑ Neuse ❑ Tar -Pamlico ❑ Other: Project is in which protected basin? ® Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number— Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary T impact required? See ❑ Yes 131 ® P ❑ T Attached Lake Wylie/Catawba River ® No 14,387.43 Table B2 ❑ P ❑ T ❑ Yes ❑ No B3 ❑ P ❑ T ❑ Yes ❑ No 6h. Total buffer impacts 14,387.43 6i. Comments: Total proposed buffer impacts are —0.33 acres (14,387.43 square feet). The proposed infrastructure within the buffers is the minimum necessary to achieve the project objectives and to satisfy the requirements of the FERC Comprehensive Relicensing Agreement (CRA) and the Recreation Management Plan (RMP). All buffer impacts are for public infrastructure that must meet Americans with Disabilities Act (ADA) requirements, as applicable. The design avoids buffer impacts along more than 0.50 miles of shoreline. -Trails located within the buffers must meet stringent slope and surface requirements so that the proposed public facilities are accessable; this includes the beach and fishing piers. Site topography, buffer regulations, layout considerations, and parking geometry result in grading that pushes the walking trails towards the water but maintains the 30 foot buffer to the maximum extent practicable while achieving required public recreational mandates. -Fishing piers are water dependent and are ADA accessible. -The beach is water dependent and all ancillary facilities such as picnic tables are located out of the buffers. D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The plan minimizes impacts to open waters by establishing the minimum size beach area and number of fishing piers mandated by the FERC CRA. Further minimization of impacts is achieved by establishing fish attractors on the pier supports in conjunction with NC Wildlife Resources Commission recommendations. The plan minimizes impacts from the beach area by locating the beach in a protected cove that will be less susseptable to fetch, and placement of the site amenities, beach and stabilization measures (jetties) completely avoid impacts to wetlands that occur on -site. Bank stabilization will minimize ongoing erosion and improve water quality. The plan avoids impacts to all wetlands. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Sediment and erosion control best management practices will be incorporated during construction to avoid potential impacts to downstream waters, including but not limited to double row high hazard silt fence, rain gardens, and a floating turbidity curtain in some areas. Rain gardens will be retained as permanent stormwater control measures post construction. The project incorporates stormwater management practices that include diffuse flow methods to minimize impacts to the riparian buffer and downstream aquatic resources. Page 7 of 12 PCN Form — Version 1.3 December 10, 2008 Version eC y CL y N $'" • N � bJl eC �' CL eC _ O� O� l� �n \p 00 N N \O � 00 N -- -- M is O � C• cl cl cl cl cl U cl cl cl a CL 10. Q �, Q �, Q �, Q �, Q P-i UO � � � � � � � � to� C,J U U o wH H H H HwH H u y C O cl C)c 0 i o��n � t S. c cl cl clj 'C n cl C,j O + U ci U O to to .. to Cj O U cl U U 0 cl CIJ cl cl :tt c � U U cl — N M 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ❑ Yes ® No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank El Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ❑ warm ❑ cool ❑cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes ® No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). Page 8of12 PCN Form — Version 1.3 December 10, 2008 Version 6h. Comments: Buffer impacts result from proposed public infrastructure that is "Allowable Upon Authorization" based on either its design parameters or because it is a "Water Dependent Structure" (15A NCAC 02B .0202). Walking trails comply with the desgn parameters for greenway, sidewalk, and trail uses. Fishing pier access complies with parameters for pedestrian access trails to docks. The beach and the jetties are water dependent structures by their nature and are "Allowable Upon Authorization". All of the proposed impacts are the minimum necessary to achieve compliance under FERC mandates. A comprenhensive landscape plan further mitigates impacts to buffers (Sheets 13-18 of attached plans). Page 9 of 12 PCN Form — Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified ® Yes ❑ No within one of the NC Riparian Buffer Protection Rules? 1b. If yes, then is a diffuse flow plan included? If no, explain why. ® Yes ❑ No Comments: . 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 6 % 2b. Does this project require a Stormwater Management Plan? ® Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: See attached plans ® Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Gaston County ❑ Phase II ❑ NSW 3b. Which of the following locally -implemented stormwater management programs ❑ USMP apply (check all that apply): ® Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ® No attached? 4. DWQ Stormwater Program Review ❑ Coastal counties ❑ HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ ORW (check all that apply): ❑ Session Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ® No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ® Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ® Yes ❑ No Page 10 of 12 PCN Form — Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ® No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes ❑ No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑ Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Wastewater generated from the proposed project will utilize vault toilets, approved by Gaston County Environmental Health on 5/19/2020 Page 11 of 12 PCN Form — Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ® Yes ❑ No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ® No impacts? ❑ Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? NC NHP GIS. Project occurs within known range of NLEB; however, project does not occur in a red HUC and is greater than 0.25 miles away from a red HUC and will not include bridge removal activites. Project will include tree removal activities. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? NOAA EFH GIS 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? NC SHPO GIS 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ® Yes ❑ No 8b. If yes, explain how project meets FEMA requirements: Project under review by the local authority. 8c. What source(s) did you use to make the floodplain determination? FEMA NFHL GIS -;5�Brian Couture 6�8-17-2021 Applicant/Agent's Printed Name Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant isprovided.) Page 12 of 12 PCN Form — Version 1.3 December 10, 2008 Version Office 803-328-2427 Fax 803-328-5791 May 29, 2020 Attention: Christy Churchill Duke Energy Carolinas 526 South Church Street Charlotte, NC 28202-1802 Re. THPO # TCNS # Project Description 2020-5-7 South Point Access Area, Gaston Co, NC Dear Ms. Churchill, The Catawba have no immediate concerns with regard to traditional cultural properties, sacred sites or Native American archaeological sites within the boundaries of the proposed project areas. However, the Catawba are to be notified if Native American artifacts and / or human remains are located during the ground disturbance phase of this project. If you have questions please contact Caitlin Rogers at 803-328-2427 ext. 226, or e-mail Caitlin.Rogers@catawba.com. Sincerely, Wenonah G. Haire Tribal Historic Preservation Officer Gaston County Soil Erosion and Sedimentation Control Program www.co.oaston.nc.us/ Natural Resources CONTACT: Gaston Natural Resources Department 1303 Cherryville Hwy Dallas, NC 28034 Telephone: 704-922-4181 Gaston County Belmont Bessemer City Cherryvi I le Cramerton Dallas Del (view Gastonia High Shoals Kings Mountain Lowell McAdenville Mount Holly Ranlo Spencer Mountain Stanley Mission Statement "To provide leadership and conservation assistance to the people of Gaston County to improve and sustain their soil, water, air, plant and wildlife resources." GASTON COUNTY Gaston Natural Resources Department Stormwater Control RE: Letter Of Approval Date: 09/18/2020 Project Name South Point Access Area Upgrades Responsible Party Duke Energy Carolinas, LLC Address 422 S. Church St. City, State, Zip Charlotte NC 28242 Location 199 Boat Launch Rd. Submitted By STEWART Date Received: 08/07/20 x❑ New Submittal ❑ Revision Watershed Neal Branch attn: Duke Energy Carolinas, LLC Gaston Natural Resources Department received a complete Stormwater Control Plan for the above project. Staff review of the plans and specifications determined that the project, as proposed, will comply with Gaston County's Stormwater Ordinance. The Gaston County Stormwater Permit number, 000000286 is approved. Your Stormwater Permit shall be effective from the date of issuance and shall be subject to the conditions and limitations as specified therein. Please pay special attention to your Operation and Maintenance requirements. Failure to establish an adequate system for operation and maintenance of the stormwater management system will result in future compliance problems. Section 11, As -built Plans and Specifications, of the Stormwater Ordinance shall be validated at completion of the project. Note that a Certificate of Compliance or Occupancy will not be issued without as -built plans or certification of previously submitted plans. Be advised of the annual inspection report, maintenance agreement/restrictive covenant, and record easements for access, maintenance, and inspections required under Section 18, Assurance that Improvements will be Maintained, in Gaston County's Stormwater Ordinance. If any parts, requirements, or limitations contained in this permit are unacceptable, or you need additional information concerning this permit, please contact Gaston Natural Resources Stormwater Division at (704) 922-4181. We look forward to working with you throughout this project. This approved plan shall become null and void if no progress is realized on -site within six months after the date of approval (Section 7.p). If any parts, requirements, or limitations contained in this permit are unacceptable, or you need additional information concerning this permit, please contact Gaston Natural Resources Stormwater Division at (704) 922-4181. We look forward to working with you throughout this project. Sincerely, Joseph D. Alm Stormwater Administrator Gaston County Stormwater Control Program CCI: STEWART CC2: f NT OF Ty�'fi EIS &WHM iEE SERVICE N �o United States Department of the Interior _ FISH AND WILDLIFE SERVICE 4 q�cH,'�°� Asheville Field Office rM ffi 160 Zillicoa Street Suite #B Asheville, North Carolina 28801 November 2, 2020 Mr. Jay McMullen Duke Energy Carolinas, LLC 526 South Church Street Charlotte, North Carolina 28202 Subject: Duke Energy - Proposed South Point Access Area Upgrades, on Lake Wylie, Catawba- Wateree Hydroelectric Project (FERC No. 2232), located at 199 Boat Launch Road, in Belmont, Gaston County, North Carolina Dear Mr. McMullen: On October 20, 2020, we received (via e-mail) your letter requesting our review of the proposed South Point Access Area Upgrades project on Lake Wylie. We have reviewed the information presented and the following comments are provided in accordance with the provisions of the National Environmental Policy Act (42 U.S.C.§ 4321 et seq.); the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661-667e); the Migratory Bird Treaty Act, as amended (16 U.S.C. 703); and section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act). According to the information you presented, Duke Energy Carolinas, LLC is proposing to enhance the public recreation opportunities at the existing South Point Access Area. The proposed site is adjacent to the South Point Access Area and is predominantly undeveloped and forested. The project will consist of constructing picnic areas, walking trails, (2) docks, and a public swimming beach. An approximately 70-car parking lot will also be constructed in the center of the site. Curb and gutter will be used to direct storm -water in the parking lot to collection areas. The storm -water will then be piped from the collection areas to a permanent raingarden. Endangered Species. The project area contains suitable summer maternity roosting habitat and is in close proximity to known occurrences (mist net captures) of northern long-eared bat (Myotis septentrionalis). The project will require the removal of trees that contain suitable summer roosting habitat; however, proposed trail construction areas are not within 150-feet of a known roost tree or within 1/4-mile of a known hibernacula. The final 4(d) rule (effective as of February 16, 2016), exempts incidental take of northern long-eared bat for projects that occur greater than 0.25-miles from a known hibernacula or greater than 150-feet from a known maternity roost during the pup season (June 1 — July 31). Based on the information provided, the project will occur at a location where any incidental take that may result from associated activities is exempt under the 4(d) rule. Although not required, we encourage you to avoid any associated tree 2 clearing activities during the maternity roosting season from April 15 — October 15; and especially during the period of June 1 — July 31 when pups are typically non-volant. Additionally, we do not believe the project will have any effect on all other federally listed species known to occur in Gaston County. Therefore, we believe the requirements under section 7(c) of the Act have been fulfilled. However, obligations under section 7 of the Act must be reconsidered if- (1) new information reveals impacts of this identified action that may affect endangered or threatened species or critical habitat in a manner not previously considered, (2) this action is subsequently modified in a manner not considered in this review, or (3) a new species is listed or critical habitat is determined that may be affected by the action. Storm -Water Control. Increased storm -water runoff directly damages aquatic and riparian habitat, causing stream -bank and stream -channel scouring. In addition, impervious surfaces reduce groundwater recharge, resulting in even lower than expected stream flows during drought periods, which can induce potentially catastrophic effects for fish, mussels, and other aquatic life. Accordingly, we recommend that all new developments, regardless of the percentage of impervious surface area they will create, implement storm -water -retention and -treatment measures designed to replicate and maintain the hydrograph at the preconstruction condition in order to avoid any additional impacts to habitat quality within the watershed. We recommend the use of low -impact -development techniques,' such as reduced road widths, grassed swales in place of curb and gutter, rain gardens, and wetland retention areas, for retaining and treating storm -water runoff rather than the more traditional measures, such as large retention ponds, etc. These designs often cost less to install and significantly reduce environmental impacts from residential development. We also recommend that the curb and gutter be redesigned with openings to allow the water to first be directed into swales within the parking lot. The currently proposed parking lot islands could be redesigned as swales to attenuate storm -water. The storm - water would then be piped from the swales to the raingarden. The raingardens should be designed large enough to control storm -water so that the predevelopment hydrograph of the site is not changed. We also recommend that consideration be given to the use of pervious materials (i.e., pervious concrete, interlocking/open paving blocks, etc.) for the construction of roads, driveways, sidewalks, etc. Pervious surfaces minimize changes to the hydrology of the watershed and can be used to facilitate groundwater recharge. Pervious materials are also less likely to absorb and store heat and allow the cooler soil below to cool the pavement. Additionally, pervious concrete requires less maintenance and is less susceptible to freeze/thaw cracking due to large voids within the concrete. Pollinators. To offset the overall impacts of development and/or to increase the habitat and species diversity within the project area, we further recommend the following measures be implemented into project design: Sow native seed mixes with plant species that are beneficial to pollinators wherever feasible on the site. Taller -growing pollinator plant species should be planted around the periphery of the site and anywhere on the site where mowing can be restricted during the summer months. Taller plants, not mowed during the summer, would provide benefits to 'We recommend visiting the Environmental Protection Agency's Web site (http://www.epa.goLpolluted-runoff nonpoint-source pollution/urban-runo -low-impact-development) for additional information and fact sheets regarding the implementation of low -impact -development techniques. 3 pollinators, habitat to ground-nesting/feeding birds, and cover for small mammals. Low-growing/groundcover native species should be planted in areas that need to be maintained. This would provide benefits to pollinators while also minimizing the amount of maintenance, such as mowing and herbicide treatment. Using a seed mix that includes milkweed species (milkweed is an important host plant for monarch butterflies) is especially beneficial. The following Web site provides a comprehensive list of native plant species that benefit pollinators: http://www.xerces.org/wp-content/uploads/2014/09/MidAtlanticPlantList web.pdf Additional information regarding plant species, seed mixes, and pollinator habitat requirements can be provided upon request. We also offer our assistance with developing seed mixes that can be used in conjunction with fast growing erosion control seed mix for overall soil stability and pollinator benefits. 2. Provide nesting sites for pollinator species. Different pollinators have different needs for nesting sites. Therefore, we recommend designing the area around the parking/access area to maintain a diverse array of habitats to accommodate varied pollinators, from hummingbirds to butterflies to bees. Hummingbirds typically nest in trees or shrubs while many butterflies lay eggs on specific host plants. Most bees nest in the ground and in wood or dry plant stems. For additional information and actions that can be taken to benefit pollinators please visit the following Web site: http://www.fws.goLl pollinatoLLIpollinatorpyg,Lsl yourhelp.html. We have no objections to the proposed actions and we appreciate the opportunity to provide these comments. If we can be of assistance or if you have any questions, please do not hesitate to contact Mr. Bryan Tompkins of our staff at 828/258-3939, Ext. 42240. In any future correspondence concerning this project, please reference our Log Number 4-2-21-044. Preliminary ORM Data Entry Fields for New Actions SAW — - BEGIN DATE [Received Date]: 1. Project Name: South Point Access Area 2. Work Type: Private Institutional Government Commercial Z 3. Project Description / Purpose: The overall project purpose is to fulfill recreational commitments for the South Point Access Area project area as stipulated in the Comprehensive Relicensing Agreement (CRA) for the Catawba-Wateree Hydro Project No. 2232. The FERC process established the proposed landuses through a stakeholder process that was comprised of fedral, state,and local governmental agencies as well as environmental groups. The current design was completed in reliance of meeting the requirements and objectives of the agreement. The basic purpose of each activity is to meet the specific requirements outlined in the FERC-approved Recreation Management Plan (RMP) filed pursuant to the CRA. 4. Property Owner / Applicant: Duke Energy Carolinas, LLC / Brian Couture 5. Agent / Consultant: Chris Huysman / Wetlands & Waters, Inc. 6. Related Action ID Number(s): unknown 7. Project Location - Coordinates, Street Address, and/or Location Description: 35.1611,-81.0136 Boat Launch Road, Belmont, NC 8. Project Location - Tax Parcel ID: 194635, 193551 9. Project Location — County: Gaston 10. Project Location — Nearest Municipality or Town : Belmont 11. Project Information — Nearest Waterbody: Lake Wylie 12. Watershed / 8-Digit Hydrologic Unit Code: WS-V, B Authorization: Section 10 Section 404 Section 10 & 404 Z Regulatory Action Type: e Standard Permit R Pre -Application Request Nationwide Permit # Unauthorized Activity ❑✓ Regional General Permit # 198200030 0 Compliance ❑ Jurisdictional Determination Request ❑ No Permit Required 0011Me KIM tell -61 North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Secretary Susi H. Hamilton June 8, 2020 Christy L. Churchill Christy. ChurchiU&duke-energy com Duke Energy Carolinas, LLC 526 South Church Street Charlotte, NC 28202 Re: South Point boating access area upgrade, Lake Wylie, ER 04-0957 Dear Ms. Churchill: Thank you for your email of April 29, 2020, concerning the above project. Office of Archives and History Deputy Secretary Kevin Cherry We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579 or environmental.review&ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, LW,amona Bartos, Deputy State Historic Preservation Officer Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-1617 Telephone/Fax: (919) 807-6570/807-6599