HomeMy WebLinkAbout20140214 Ver 1_401 Application_20140314(> DUKE
`C ENERGY
Mar. 7, 2014
Ms. Karen Higgins
North Carolina Division of Water Resources
401 & Buffer Permitting Unit
1650 Mail Service Center
Raleigh, North Carolina 27699 -1650
Subject: Duke Energy Carolinas, LLC.
Dan River Steam Station
After - the -Fact Pre - Construction Notification — New Boat Ramp
Dear Ms. Higgins:
410 S Wilmington St.
Raleigh NC 27601
As you requested on February 10, 2014, Duke Energy Carolinas, LLC. is providing the 401 &
Buffer Permitting Unit an after - the -fact pre- construction notification; for construction of a new
boat ramp at the Dan River Steam Station located in Rockingham County, North Carolina.
The new boat ramp is needed at the Dan River Station for several reasons. Mostly because the
existing ramp is unsafe due to the slope ( >25 %) and in poor condition. Duke Energy proposes
to construct a new ramp approximately 20 feet downstream of the existing ramp. There is a
particular need for the project at this time to provide a safer and more practical access ramp for
future monitoring of the river by Duke and the partnering agencies.
Thank you for your assistance with this project. If you have any questions or comments
regarding this letter please contact Mr. Steve Cahoon of Duke Energy's Environmental Services
Section at (919) 546 -7457 or steve.cahoonP_duke- energy.com.
Sincerely,
Sc eve Cahoon
Sr. Environmental Specialist
Page 1 of 10
PCN Form — Version 1.4 January 2009
Pre - Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
1a.
Type(s) of approval sought from the Corps:
Q Section 404 Permit ❑ Section 10 Permit
1 b.
Specify Nationwide Permit (NWP) number: or General Permit (GP) number: 197800125
1c.
Has the NWP or GP number been verified by the Corps?
Q Yes ❑ No
1 d.
Type(s) of approval sought from the DWQ (check all that apply):
❑X 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
le.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑ Yes 0 No
For the record only for Corps Permit:
❑X 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 Q No
1g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes 0 No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes 0 No
2.
Project Information
2a.
Name of project:
Dan River Steam Station - New Boat Ramp
2b.
County:
Rockingham
2c.
Nearest municipality / town:
Eden NC
2d.
Subdivision name:
NA
2e.
NCDOT only, T.I.P. or state project no:
NA
3.
Owner Information R ® 201
3a.
Name(s) on Recorded Deed:
Duke Energy Carolinas, Inc
Book 1411 Page 2100
3b.
Deed Book and Page No.
3c.
Responsible Party (for LLC if
applicable):
3d.
Street address:
900 S. Edgewood Road
3e.
City, state, zip:
Eden NC 27288
3f.
Telephone no.:
(919) 546 -7457
3g. Fax no.:
(919) 546 -4409
3h.
Email address:
steve.cahoon @duke - energy.com
Page 1 of 10
PCN Form — Version 1.4 January 2009
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:
Steve Cahoon *Contact for questions regarding this submittal*
5b.
Business name
(if applicable):
5c.
Street address:
410 S. Wilmington St.
5d.
City, state, zip:
Raleigh NC 27601
5e.
Telephone no.:
(919) 546 -7457
5f.
Fax no.:
(919) 546 -4409
5g. Email address:
steve.cahoon @duke - energy.com
Page 2 of 10
B.
Project Information and Prior Project History
1.
Property Identification
1a.
Property identification no. (tax PIN or parcel ID):
141506
1 b.
Site coordinates (in decimal degrees):
Latitude: 36.486125 Longitude: 79.718918
1c.
Property size:
379.99 acres
2.
Surface Waters
2a. Name of nearest body of water to proposed project:
Dan River
2b.
Water Quality Classification of nearest receiving water:
C
2c.
River basin:
Roanoke River
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 for operation of an electric generating station. The area immediately surrounding the site is forested with the Dan River bordering the site to
the south and east and the Town of Eden to the northwest of the site.
3b.
List the total estimated acreage of all existing wetlands on the property: 0.6
3c.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 2,000
3d. Explain the purpose of the proposed project:
A new boat ramp is needed to allow for safer and more practical access for future monitoring of the river by Duke Energy and the partnering agencies.
3e. Describe the overall project in detail, including the type of equipment to be used:
See attached.
4.
Jurisdictional Determinations
4a.
Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past?
❑ Yes ❑X No ❑ Unknown
Comments:
4b.
If the Corps made the jurisdictional determination, what type
of determination was made?
❑ Preliminary ❑ Final
4c.
If yes, who delineated the jurisdictional areas?
Name (if known):
Agency /Consultant Company:
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
this project (including all prior phases) in the past?
❑ Yes ❑ No ❑X Unknown
5b.
If yes, explain in detail according to "help file" instructions.
6.
Future Project Plans
6a.
Is this a phased project?
❑ Yes ❑X No
6b.
If yes, explain.
Page 3 of 10
PCN Form — Version 1.4 January 2009
C. Proposed Impacts Inventory
1. Impacts Summary
1a. Which sections were completed below for your project (check all that apply):
❑ Wetlands ❑X 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.
Wetland impact
number
Permanent (P) or
—Temporary T
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
W1
Choose one
Choose one
Yes /No
-
W2
Choose one
Choose one
Yes /No
N/3 -
Choose one
Choose one
Yes /No
W4 -
Choose one
Choose one
Yes /No
W5 -
Choose one
Choose one
Yes /No
W6 -
Choose one
Choose one
Yes /No
2g. Total Wetland Impacts:
0
2h. Comments:
No wetland Impacts.
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.
Stream impact
number
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (I NT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1 P
Fill
Dan River
PER
Corps
270
8
S2
Choose one
S3
Choose one
S4
Choose one
S5
Choose one
S6
Choose one
3h. Total stream and tributary impacts
8
3i. Comments:
Minimal impact to river to install boat ramp. The ramp is constructed of rip rap or crushed stone and prefabricated concrete.
Page 4 of 10
PCN Form — Version 1.4 January 2009
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.
Open water
impact number
Permanent (P) or
Temporary T
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01
Choose one
Other
02
Choose one
Choose
03 -
Choose one
Choose
04
Choose one
Choose
4f. Total open water impacts
4g. Comments: No open water impacts.
5. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
P1
Choose one
P2
Choose one
5f. Total:
5g. Comments: No pond or lake construction.
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:
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. Project is in which protected basin?
❑ Neuse ❑ Tar - Pamlico ❑ Catawba [-]Randleman ❑X Other: Roanoke
6b.
Buffer Impact
number—
Permanent (P) or
Temporary T
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet )
6g.
Zone 2
impact
(square
feet
131
Yes /No
B2
Yes /No
B3
Yes /No
B4
Yes /No
B5
Yes /No
B6
Yes /No
6h. Total Buffer Impacts:
6i. Comments: No Buffer impacts.
Page 5 of 10
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 area proposed for impact is the minimal amount of area needed to construct the new ramp.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Approximately only 8 feet of the 100 foot ramp will be completed below the OHWM. Preformed concrete will be used in ramp construction.
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 X❑ 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
❑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: Choose one
Type: Choose one
Type: Choose one
Quantity:
Quantity:
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:
linearfeet
4c. If using stream mitigation, stream temperature:
Choose one
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.
Page 6 of 10
PCN Form — Version 1.4 January 2009
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 X 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).
6h. Comments:
Page 7 of 10
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ❑X No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project?
100%
2b. Does this project require a Stormwater Management Plan?
❑ Yes ❑x No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
The project does not meet the requirements to have a stormwater permit. The Corps of Engineers issued RGP 197800125 for construction of the boat
ramp. That is not one of the permits that require submittal of a post construction storm water permit.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
2e. Who will be responsible for the review of the Stormwater Management Plan?
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?
❑ Phase II
3b. Which of the following locally - implemented stormwater management programs
❑ NSW
❑ 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
❑ Yes Z No
attached?
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 8 of 10
PCN Form — Version 1.4 January 2009
F.
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
1a.
Does the project involve an expenditure of public (federal /state /local) funds or the
❑ Yes ❑X 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
letter.)
❑ Yes ❑ No
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 ❑X No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b.
Is this an after - the -fact permit application?
❑ Yes [_1 No
2c.
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
The site received a NOV on February 28, 2014, for events that took place on or about February 3, 2014. It is believed the site is not currently in
violation of any of the regulations listed above. The construction of the new boat ramp is in direct response to the events of February 3, 2014. The
new boat ramp is needed to provide safer and better access to the river for water quality sampling for Duke Energy and regulatory agencies.
3.
Cumulative Impacts (DWQ Requirement)
3a.
Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes ❑X 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.
NA
Page 9 of 10
PCN Form — Version 1.4 January 2009
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
❑X Yes ❑ No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
Yes ❑ No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
-
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
Consultation with USFWS representatives that were on -site after the event. A mussel survey for the James spinney mussel was conducted in the area
proposed for the new ramp, no mussels were identified. No habitat for the Roanoke Log Perch was identified in the area proposed for the new ramp.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ❑X No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
Essential fish habitat interactive map viewer found at http: / /www. habitat. noaa. gov / protection /efh /efhmapper /index.htmI //.
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 ❑X 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?
The NC State Historic Preservation Office web site, http: / /www.hpo.dcr.state.nc.us.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA- designated 100 -year floodplain?
❑X Yes ❑ No
8b. If yes, explain how project meets FEMA requirements:
Boat ramp will be constructed within the 100 year flood plain.
8c. What source(s) did you use to make the floodplain determination?
NC Floodplain Mapping Information System
Steve Cahoon
03 -10 -2014
Applicant/Agent's Printed Name
Date
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization
letter from the applicant is provided.)
Page 10 of 10
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1) USGS 7.5 Minute Series Topographic Quadrangles: Northeast Eden and Southeast Eden (NC)
[ Source: ftp: / /ftp.nconemap.wm /outgoing /raster /drg!]
DISCHARGE LOCATION MAP
FIGURE
NPDES Permit NO: NC0003468
2) Property line information provided by Duke Energy and is approximate.
• Indicates approximate location of home assumed to be supplied by private drinking water well.
[Source: Rockingham County GIS Aerial (2007)]
DUKE ENERGY
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Drawn By: Chad Hearn
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Part B. Project Information and Prior Project History
Question 3e. Describe the overall project in detail, including type of equipment to be used:
A new boat ramp will be constructed at the Dan River Station. The existing ramp is very steep ( >25 %), in
poor shape, difficult to access from the river, and unsafe due to the slope and condition. A new ramp
will be constructed approximately 20 feet downstream of the existing ramp. The purpose and need for
the project is to have a safer and more practical access ramp for future monitoring of the river by Duke
and the partnering agencies.
The ramp will be constructed using the heavy equipment on -site. Including track hoes, excavators and
dump trucks. The design of the new boat ramp will be as follows: 1) cut upland slope down to 6% -10%
grade, 2) install crushed rock install crushed rock /riprap pad within OHWM for a maximum length of 20
feet, 3) install pre- formed concrete ramp on top of rock for a maximum length of 20 feet (see "boat
ramp" plan attached for an example). The maximum rock base and concrete ramp width is 20 feet.