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HomeMy WebLinkAbout20060638 Ver 10_ePCN Application_20211215fr.,f DW R mrlsloa of ware. Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) December 6, 2021 Ver 4.2 Initial Review 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#* 20060638 10 Is a payment required for this project? No payment required What amout is owed?* Fee received $240.00 Fee needed - send electronic notification $570.00 Reviewing Office* Select Project Reviewer* Washington Regional Office - (252) 946-6481 Robert Tankard:eads\rbtankard Information for Initial Review 1a. Name of project: HF Lee Energy Complex Cooling Pond Dam Seep Repair la. Who is the Primary Contact?* Joyce Dishmon 1 b. Primary Contact Email: * 1c. Primary Contact Phone:* joyce.dishmon@duke-energy.com (336)394-5524 Date Submitted 12/15/2021 Nearest Body of Water Neuse River Basin Neuse Water Classification WS-IV: NSW Site Coordinates Latitude: Longitude: 35.369550 -78.079939 A. Processing Information County (or Counties) where the project is located: Wayne Is this a NCDMS Project Yes No Is this project a public transportation project?* Yes No 1a. 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) 1c. Has the NWP or GP number been verified by the Corps? Yes No Nationwide Permit (NWP) Number: 18 - Minor Discharges NWP Numbers (for multiple NWPS): 1d. 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 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No 1g. 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 B. Applicant Information 1d. 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: Carolina Power and Light 2b. Deed book and page no.: 2c. Contact Person: Joyce Dishmon 2d.Address Street Address 864 South Edgewood Road Address Line 2 City Eden Postal / Zip Code 27288 2e. Telephone Number: (336)394-5524 2g. Email Address: joyce.dishmon@duke-energy.com 401 Water Quality Certification - Express Riparian Buffer Authorization State / Province / Region NC Country United States 2f. Fax Number: Yes No Yes No U 4. Agent/Consultant (if applicable) 4a. Name: Richard Harmon 4b. Business Name: Wood Environment and Infrastructure Solutions, Inc. 4c.Address Street Address 4021 Stirrup Creek Drive Address Line 2 Suite 100 City Durham Postal / Zip Code 27703 4d. Telephone Number: (919)801-8990 4f. Email Address:* richard.harmon@woodplc.com C. Proiect Information and Prior Proiect History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Goldsboro 2. Project Identification 2a. Property Identification Number: 2579623548 2c. Project Address Street Address 1199 Black Jack Church Road Address Line 2 City Goldsboro Postal / Zip Code 27530 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Neuse River 3b. Water Resources Classification of nearest receiving water:* WS-IV: NSW 3c. What river basin(s) is your project located in?* Neuse 3d. Please provide the 12-digit HUC in which the project is located. 030202011705 4. Project Description and History State / Province / Region NC Country United States 4e. Fax Number: 2b. Property size: 842 State / Province / Region NC Country United States 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 HF Lee Energy Complex is a decommissioned coal-fired electrical generation plant with associated facilities, including ash basins (active and inactive), cooling pond (Quaker Neck Lake), and a new natural gas electrical generation plant. There is a mix of agricultural, residential, and industrial land use situated around the property. The Neuse River flows through the property, and around the cooling pond. 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: 370 4g. List the total estimated linear feet of all existing streams on the property: 47,674 4h. Explain the purpose of the proposed project: To stop the loss of sediment and water through three seeps (two occurring within wetlands) located at the toe of the cooling pond dam (SW portion of the dam). 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:" To remove trees, then use a geotextile filter fabric, stone and rip rap to tie into, and strengthen that portion of the dam (seeps). Rootballs of trees located in the wetlands will be left in place and covered with the geotextile filter fabric and stone. Excavators and dump trucks will be used from the dam. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No Unknown Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* Preliminary Approved Not Verified Unknown N/A Corps AID Number: SAW-2016-00260 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Amec Foster Wheeler/Wood Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR Field reviews by the Corps personnel for the Jurisdictional Determination were conducted on 4/1/2015, 4/21/2015, 3/22/2016, 7/20/2016, and 9/20/2016. Approved Jurisdictional Determination (SAW-2016-00260). 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 1a. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries Buffers Open Waters Pond Construction 2. Wetland Impacts 2a1 Reason M 2b. Impact type* M 2c. Type of W.* 2d. W. name* 2e. Forested* 2f. Type of Jurisdicitilarea* M 2g. Impact Fill L Bottomland Hardwood Forest Seep Wetland Yes Corps 0.080 acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.080 2i. Comments: E. Impact Justification and Mitigation 1. Avoidance and Minimization 2g. Total Permanent Wetland Impact 0.080 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The limits of disturbance (LOD) will be limited to the areas necessary for the seep repair project. The wetland impacts of the seep repair will be minimized to only occur in the immediate area of the seeps. Open water and buffer impacts will be completely avoided. There will be no impacts to the Neuse River. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Work will take place from the top of the cooling pond dam to minimize impacts to wetlands during construction. Best Management Practices will be utilized for the proposed action. 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: It is a NWP-18 (Minor Discharge) with less than 0.1 acres of disturbance. 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? Yes No If no, explain why: The project is outside of the Neuse River buffer zones. 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 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? Yes No N/A - project disturbs < 1 acre Comments: The HF Lee Energy Complex has an existing Stormwater Management Plan. The proposed dam repairs will route stormwater to existing Stormwater management areas. 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?* 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 I 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 project repairs the integrity of the cooling pond dam. 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 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. Is another Federal agency involved?* Yes No 5e. Is this a DOT project located within Division's 1-8? Yes No 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 Unknown 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? On -site habitat evaluations. US Fish and Wildlife Service (IPaC - Consultation Code 04EN2000-2022-SLI-0258). North Carolina Natural Heritage Program (Project Reference No. NCNHDE-16341). Note: No work for this project will be conducted in the Neuse River. 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?" Inspection of online data and mapping from the South Atlantic Habitat and Ecosystem Atlas website. 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?* Inspection of online GIS data and mapping from the North Carolina State Historic Preservation Office website (NC SHPO HPOWEB 2.0). 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 project will add an average elevation of 2 feet to 0.08 acre of wetlands in a floodplain (Zone AE) to strengthen a permitted dam for the cooling pond. The small size of the wetland impact is not anticipated to negatively impact floodplain functionality. Maintaining the integrity of the dam will help prevent dam failures that could alter the ecological functions of adjacent wetlands and the Neuse River. 8c. What source(s) did you use to make the floodplain determination?" NC Flood Maps. FEMA FIRM number 3720256800K, dated June 20, 2018. 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 HF Lee Seep PCN Application_FINAL_12.13.2021.pdf 4.09MB File must be PDF or KMZ 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: Matthew J. Williams Signature 1.t�e i C.;9lw'U--G Date 12/15/2021