HomeMy WebLinkAbout20211766 Ver 1_ePCN Application_20211206DWR
Division of Water Resources
Initial Review
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
June 1, 2021 Ver 4.1
Has this project met the requirements for acceptance in to the review process?*
Yes
No
Is this project a public transportation project?*
Yes No
Change only if needed.
BIMS # Assigned* Version#*
20211766 1
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
What amout is owed? *
$240.00
$570.00
Reviewing Office* Select Project Reviewer*
Mooresville Regional Office - (704) 663-1699 Alan Johnson:eads\adjohnsonl
Information for Initial Review
la. Name of project:
Cliffside Low Head Dam Project
la. Who is the Primary Contact?*
Elizabeth Glenn
1 b. Primary Contact Email:* lc. Primary Contact Phone:*
elizabeth.glenn@duke-energy.com (980)373-0530
Date Submitted
12/6/2021
Nearest Body of Water
Broad River
Basin
Broad
Water Classification
WS-IV
Site Coordinates
Latitude:
35.220447
A. Processing Information
Longitude:
-81.757247
County (or Counties) where the project is located:
Cleveland
Is this a NCDMS Project
Yes No
Is this project a public transportation project? *
Yes No
la. Type(s) of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
Yes
No
1 b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
lc. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number: 36 - Boat Ramps
NWP Numbers (for multiple NWPS):
Id. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
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:
1f. Is this an after -the -fact permit application?*
Yes No
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1 h. Is the project located in any of NC's twenty coastal counties?
Yes No
1j. Is the project located in a designated trout watershed?
Yes No
401 Water Quality Certification - Express
Riparian Buffer Authorization
Yes No
Yes No
B. Applicant Information
ld. Who is applying for the permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
Duke Energy Carolinas, LLC
2b. Deed book and page no.:
321 / 476
2c. Contact Person:
2d. Address
Street Address
400 South Tryon St
Address Line 2
Suite 30C
City State / Province / Region
Charlotte NC
Postal / Zip Code Country
28202 USA
2e. Telephone Number:
(704)562-8258
2f. Fax Number:
2g. Email Address: *
elizabethe.glenn@duke-energy.com
3. Applicant Information (if different from owner)
3a. Name:
J. Elizabeth Glenn
3b. Business Name:
3c. Address
Street Address
526 S. Church St
Address Line 2
ECI-13K
City State / Province / Region
Charlotte NC
Postal / Zip Code Country
28202
3d. Telephone Number: 3e. Fax Number:
(980)373-0530
3f. Email Address: *
elizabeth.glenn@duke-energy.com
4. Agent/Consultant (if applicable)
4a. Name:
Brooke Ahrens
4b. Business Name:
HDR
4c. Address
Street Address
440 S. Church Street, Suite 1000
Address Line 2
City
Charlotte
Postal / Zip Code
28202
4d. Telephone Number:
(704)973-6878
4f. Email Address: *
Brooke.Ahrens@hdrinc.com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
State / Province / Region
NC
Country
U.S.
4e. Fax Number:
lc. Nearest municipality / town:
Mooresboro
2. Project Identification
2a. Property Identification Number:
1617219
2c. Project Address
Street Address
573 Duke Power Road
Address Line 2
City
Mooresboro
Postal / Zip Code
28114
3. Surface Waters
2b. Property size:
155.6
State / Province / Region
NC
Country
U.S.
3a. Name of the nearest body of water to proposed project:*
Broad River
3b. Water Resources Classification of nearest receiving water: *
WS-IV
3c. What river basin(s) is your project located in?*
Broad
3d. Please provide the 12-digit HUC in which the project is located.
030501050506
4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
The proposed Project site is an undeveloped upland area approximately 2.3 acres in size located north of the Rogers Energy Complex (Complex), Formerly known as Cliffside Steam
Station in Cleveland, North Carolina (Figure 1). Specifically, the site is located adjacent to the low head dam and along the northern bank of the Broad River. The area has been previously
used by Duke Energy as laydown space for activities associated with the Complex. Vegetation within this area is comprised of grasses and forbs. The Project site is surrounded by
undeveloped forested and open land, gravel roads, and utility rights -of -way. Land use in the vicinity of the Project is industrial, agricultural, rural residential land, and undeveloped forested
and open land (Figure 2).
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? *
Yes No Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
0
4g. List the total estimated linear feet of all existing streams on the property:
150
4h. Explain the purpose of the proposed project: *
The Cliffside Low Head Dam — Laydown Area Project in Cleveland, North Carolina has been sited to support Duke Energy's contractor during maintenance construction activities at the
Cliffside low head dam. The work area is proposed for a staging, laydown, and barge launch during the installation of anchors and bulkhead modifications within the Broad River (Stream
1) and across from the Complex.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The Project proposes to construct a 50 x 50-foot barge pad and associated ramp to support construction activities for the low head dam. Duke Energy's contractor will utilize equipment,
including a crane, mounted on a barge to access the low head dam in order to provide a dry working surface. The barge will help to manage the existing river flow in order to access areas
of the dam for the anchor installation. The ramp will result in permanent fill impacts of approximately 150 feet of along the bank of Stream 1 (Figure 3). In addition, the barge will also be
utilized to install 60-foot of temporary sheet piles within the dam and to 5 H-piles within the Broad River as part of the contractor's mooring plan and to help tie -off equipment for a safe
working environment (see Cliffside ESC 20211004). To support this equipment and access, the proposed laydown area is necessary for the storage and phasing of materials for this
construction. As such, erosion and sediment control plans are attached to this application and provide a summary of the work, including best management practices. Due to the small work
area proposed and absence of grading/earthwork, proposed erosion and sediment control measures for this project include a construction entrance, perimeter compost filter socks, a stone
barge launch, and a concrete wash out within the existing Duke Energy facility. The project is located within the Broad River Basin due to the nature of dam modification work; however,
there are no surface water features within the proposed limits of disturbance of the laydown area. Note that there will be no change in impervious surface area from pre -to post -
development conditions.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes
Comments:
No Unknown
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
Not available
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
Wood E&IS
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
Not available.
6. Future Project Plans
6a. Is this a phased project?*
Yes No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
No.
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
Wetlands
Open Waters
3. Stream Impacts
Streams -tributaries
Pond Construction
Buffers
3a. Reason for impact (?)
3b.Impact type*
3c. Type of impact*
3d. S. name*
3e. Stream Type*
(?)
3f. Type of
Jurisdiction*
3g. S. width*
3h. Impact
length*
S1
Boat Ramp
Permanent
Fill
S1
Perennial
Both
2
Average (feet)
150
(linear feet)
S2
Sheet Pile
Temporary
Stabilization
S1
Perennial
Both
1
Average (feet)
60
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
150
3i. Total stream and ditch impacts:
210
3i. Total temporary stream impacts:
60
3j. Comments:
Stream impacts are proposed along the northern stream bank only, and will not exceed 2 feet below the OHWM. Fill will be comprised of NCDOT #57
stone and non -woven geotextile fabric.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Prior to the proposed laydown and barge launch area being finalized, an alternate location was evaluated (area adjacent to the intake and within the
Cliffside facility). Due to the proximity of this area to other active facility construction projects and because of safety concerns, this option was not
feasible. The second available option for the Project's site was to utilize a Duke Energy owned property across the Broad River with similar access to the
low head dam, which in addition provides good clearance to the stream bank.
After the Project site was selected the laydown area and barge launch areas were designed to avoid and minimize impacts. Dredging of the stream has
been avoided and fill impacts to Stream 1 have been minimized to the greater extent possible. The proposed work at this location will only include minor
permanent impacts to the stream's shoreline, and the placement of temporary sheet piles.
Pre-existing contours will be restored, and disturbed areas will be stabilized sequentially as construction proceeds within the proposed limits of
disturbance. Access improvement, including the clearing of trees, will take place within the proposed limits of disturbance as well.
During the construction phases, the laydown areas will be monitored weekly and inspected after storm events to assess the condition of best
management practices and progress of stabilization of areas, as needed. Upon completion of the anchor and bulkhead installations, all project areas will
be stabilized. The proposed barge ramp will be left in place given the likelihood of future projects requiring river access for dam safety and other Duke
Energy facility inspections and projects.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Impacts to the river will be minimized during barge landing construction. Access will be through uplands, via adjacent roadways. Best Management
Practices will be used during construction activities.
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 this project DOES NOT require Compensatory Mitigation, explain why:
Proposed impacts will not exceed 150 feet of the Stream 1 northern bank along the water's edge and will not extend grater than two feet below the OHWM.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No
If no, explain why:
Broad River is not subject to Buffer Rules
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? *
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes No
Comments:
All project work will be covered by NG01 Construction Stormwater.
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? *
Yes 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)?*
Yes No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
Yes No
3b. If you answered "no," provide a short narrative description.
The proposed Project will not result in additional development as the project is to support the construction activities associated with the maintenance
work for an existing dam, the Cliffside Low Head Dam modifications project.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
Yes No N/A
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
Yes No
5d. Is another Federal agency involved?*
Yes
5e. Is this a DOT project located within Division's 1-8?
Yes No
No Unknown
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes No
5i. 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.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
USFWS IPaC database and the North Carolina Natural Heritage Data Explorer. See consultation reports attached.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
Yes No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? *
NOAA Fisheries Inland EFH Mapper https://efhtools.github.io/InlandEFH/Mapper.html
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
North Carolina Historic Preservation Office and National Park Services Database. See Figure 4 attached for results of the database investigation.
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:
The proposed project is not anticipated to result in a rise to existing floodplain elevations.
8c. What source(s) did you use to make the floodplain determination?*
FEMA FIRM PANEL 3710157400K
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.
Click the upload button or drag and drop files here to attach document
Figures_1-5.pdf
Cliffside ESC 2021104.pdf
Species List_ Asheville Ecological Services Field Office.pdf
NCNHP_Cliffside LHD.pdf
401_NCDNR_Comment_Cliffside Steam Station Low Head Dam Project.pdf
PCN responses_Word_20211203.pdf
File must be PDF or KMZ
2.47MB
2.98MB
618.33KB
761.52KB
213.99KB
102.36KB
Comments
Written responses to items 4a, 4h, 4i, and la have been attached as a pdf file as website did not allow for the latest version of the application to be saved.
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:
Signature
Date
12/6/2021
Sign