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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