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HomeMy WebLinkAbout20030885 Ver 2_401 Application_20140624Strickland, Bev From: Homewood, Sue Sent: Wednesday, June 25, 2014 3:42 PM To: Higgins, Karen; Burdette, Jennifer a; Strickland, Bev Subject: FW: PCN for Duke Energy Site Attachments: PCN SIGNED BY NSE.pdf, SoilsMap.pdf, Floodplain Permit - East.pdf; W -S East Topo Scan.pdf, DUKE TOWER WSSU STAMPED PLANS.pdf E -mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Doug Jewell [mailto:djewell jewellengr.com] Sent: Tuesday, June 24, 2014 4:31 PM To: Homewood, Sue Cc: Cindy Lancaster Subject: FW: PCN for Duke Energy Site Sue, Here is a digital copy of the PCN submittal that was sent today to the Corps and NC DWR. Thanks, Doug EWELL ' Oiyq 4F V Se,?ww9,w d, ""'P'4 "'j4" 0w„z "1'�;,V�rl;,. Doug Jewell, PE JEWELL Engineering Consultants, PC PO Box 2294 Kernersville, NC 27285 Office: (336) 996 -9974 ext 101 Cell: (336) 972 -9931 www.iewellengineering.pro NOTICE: This electronic mail message including attachments, if any, is intended for the use of the individual or entity to whom it is addressed. It may contain information that is privileged, proprietary, confidential, and /or exempt from disclosure. If you are not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this message in error, please notify the sender via reply e- mail and delete this message from your computer immediately. From: Doug Jewell Sent: Tuesday, June 24, 2014 1:50 PM To: John Thomas - US Army Corps of Engineers (john.T. Thomas .3R(a)saw02.usace.army.mil) Subject: FW: PCN for Duke Energy Site John, I thought I did, but may not have sent it to this address. So here it is, please confirm you received it. Thanks EWELL ' Oiyq 4F V SL,?�w9,,w d,""' 4 "'j.,V0"N' "1'�;,V�rl;,. Doug Jewell, PE JEWELL Engineering Consultants, PC PO Box 2294 Kernersville, NC 27285 Office: (336) 996 -9974 ext 101 Cell: (336) 972 -9931 www.iewellengineering.pro NOTICE: This electronic mail message including attachments, if any, is intended for the use of the individual or entity to whom it is addressed. It may contain information that is privileged, proprietary, confidential, and /or exempt from disclosure. If you are not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this message in error, please notify the sender via reply e- mail and delete this message from your computer immediately. From: Doug Jewell Sent: Tuesday, June 24, 2014 10:48 AM To: 'J ohn.T.Thomas.JR @usace.army.mil' Cc: Cindy Lancaster Subject: PCN for Duke Energy Site Good morning John, Here is the PCN application Cindy and I have spoken with you about. Attached to this email: 1. PCN application 2. Soils Map 3. USGS Topo Map 4. Floodplain Development Permit 5. Sealed Construction Plans We are concurrently submitting the 401 application to NC DENR. Please call if you have any questions. Thanks, Doug EWELL ' Oiyq 4F V Se?�w9,,w d,""' 4 "'j., V 0"N'1'�;,V�rl;,. Doug Jewell, PE JEWELL Engineering Consultants, PC PO Box 2294 Kernersville, NC 27285 Office: (336) 996 -9974 ext 101 Cell: (336) 972 -9931 www.iewellengineering.pro NOTICE: This electronic mail message including attachments, if any, is intended for the use of the individual or entity to whom it is addressed. It may contain information that is privileged, proprietary, confidential, and /or exempt from disclosure. If you are not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this message in error, please notify the sender via reply e- mail and delete this message from your computer immediately. O� WA T §9 o c Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Page 1 of 10 PCN Form —Version 1.4 January 2009 Pre - Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ❑X Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 33, 27 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑X Yes ❑ No 1d. Type(s) of approval sought from the DWQ (check all that apply): NX 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ❑X No For the record only for Corps Permit: ❑ Yes ❑X 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. N Yes NX No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h below. ❑ Yes NX No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ❑X No 2. Project Information 2a. Name of project: WSSU Tower #13 Stream Enhancements 2b. County: Forsyth 2c. Nearest municipality / town: Winston -Salem 2d. Subdivision name: (near Winston -Salem State University) 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: City of Winston -Salem 3b. Deed Book and Page No. Book 618 Page 339 3c. Responsible Party (for LLC if applicable): 3d. Street address: Civitan Park, Vargrave Street 3e. City, state, zip: Winston - Salem, NC 27102 3f. Telephone no.: 336- 747 -6962 3g. Fax no.: 336- 748 -3173 3h. Email address: Keith Huff <keithh1 @cityofws.org> Page 1 of 10 PCN Form —Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑X Agent ❑ Other, specify: 4b. Name: Michael Anderson, Project Manager 4c. Business name (if applicable): North State Environmental 4d. Street address: 2889 Lowery Street 4e. City, state, zip: Winston - Salem, NC 27101 4f. Telephone no.: 336- 245 -1253 4g. Fax no.: 336- 725 -2405 4h. Email address: m.anderson @nsenv.com 5. Agent/Consultant Information (if applicable) 5a. Name: Cynthia C. Lancaster, P.E. 5b. Business name (if applicable): JEWELL Engineering Consultants, PC 5c. Street address: 311 S. Main St 5d. City, state, zip: Kernersville, NC 27285 5e. Telephone no.: 336- 996 -9974 5f. Fax no.: 336- 996 -9976 5g. Email address: clancaster @jewellengr.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 6835 -71- 8927.00 1 b. Site coordinates (in decimal degrees): I Latitude: 36.0862 Longitude: - 80.2275 1c. Property size: 23.8 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Salem Creek (Middle Fork Muddy Creek) 2b. Water Quality Classification of nearest receiving water: C 2c. River basin: Yadkin 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: Project is in the area of Civitan Park where a restoration /extension of Stadium Branch was done several years ago. Over time some of the banks on the new stream alignment have eroded and Duke Energy wanted to have stabilization work done to protect their tower. 3b. List the total estimated acreage of all existing wetlands on the property: 0 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 0 3d. Explain the purpose of the proposed project: Purpose is to stabilize eroding stream banks. 3e. Describe the overall project in detail, including the type of equipment to be used: The proposed work is being done in conjunction with the NCDOT Connector Road project, which required that Duke Energy relocate two of their towers 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 ❑ No ❑X 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 X❑ No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. Permits have not been previously requested for this specific work. NCDOT has a permit/certification for the Connector Road project. A previous permit 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 1 a. 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 W3 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: 2h. Comments: 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 (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 P Stabilization Stadium Branch PER Corps 32 96 S2 T Fill Stadium Branch PER Corps 32 20 S3 Choose one - S4 Choose one - - S5 - Choose one - S6 Choose one - 3h. Total stream and tributary impacts 3i. Comments: Permanent impact is the stream enhancement/bank stabilization, which includes log /boulder step pools. Temporary impact is for a stream crossing to facilitate the Duke Energy Tower replacement and the bank work. The temporary impact is within the area of proposed stabilization. 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 Excavation Pond O2 Choose one Choose 03 Choose one Choose 04 Choose one Choose 4f. Total open water impacts 4g. Comments: 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: 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 ❑ Other: 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 B1 Yes /No B2 Yes /No B3 Yes /No B4 Yes /No B5 - Yes /No B6 Yes /No 6h. Total Buffer Impacts: 6i. Comments: 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. Project components only involvement replacement of existing structures and restoration /maintenance activities to improve the stream and open water areas. Impacted buffer areas will be restored to equal or better vegetative conditions. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. 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 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: 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: linear feet 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 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 within one of the NC Riparian Buffer Protection Rules? ❑ Yes ❑X No 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? 0 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: 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? City of Winston -Salem 3b. Which of the following locally - implemented stormwater management programs apply (check all that apply): 0 Phase II ❑ NSW ❑ USMP ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been attached? ❑Yes ❑ No 4. DWQ Stormwater Program Review 4a. Which of the following state - implemented stormwater management programs apply (check all that apply): ❑Coastal counties ❑HQW ❑ORW ❑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 8of10 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 0 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 ❑X 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, F1 Yes ❑X No or Riparian Buffer Rules (15A NCAC 2B.0200)? 2b. Is this an after - the -fact permit application? ❑Yes ❑X 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 E] 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 pro ect, or available capacity of the subject facility. with no wastewater is associated this project 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 ❑ Yes ❑X No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ❑X 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? review of information on USFWS Raleigh Ecological Field Services website 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? reviewed NOAA information re: EFH 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? This site is within a city park, where a project was previously permitted by the Corps. Thus, historic /archeological resources would have been checked for the previous project. 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: No -Rise certification was provided to the City of Winston -Salem by JEWELL Engineering Consultants. Applicant has a floodplain development permit issued by the City of Winston- Salem. 8c. What source(s) did you use to make the floodplain determination? FIRM available online at NCFMP /FRIS website Applicant /Agent's Printed Name Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 10 of 10 City of Winston -Salem FLOODPLAIN DEVELOPMENT PERMIT Permit Number WINS- 010 -2014 Issuance Date May 8, 2014 PIN 6835 -72- 7077.00 In accordance with the City of Winston -Salem Floodway and Floodway Fringe Regulations, a Floodplain Development Permit is hereby granted to: Duke Energy as a result of review and approval of the submitted No -Rise Certification for Proposed Bank Stabilization on Stadium Branch & Duke Tower Replacement In Floodplain and Floodway of Salem Creek Upstream of Vargrave Street letter submitted by ynthia C. Lancaster, P.E. of Jewell Engineering Consultants P.C. to conduct development activities within the area of special flood hazard along the stream channel at the rear of the property located at: Block/Lot 1429/00113 , Registry of Forsyth County. This Permit is issued to the aforementioned individual, firm, partnership, municipality etc. for the purpose noted above and in accordance with the City of Winston -Salem Floodway and Floodway Fringe Regulations, Floodplain Development Permit No. WINS- 010 -2014 and attachments thereto; and is subject to the following modifications and/or performance reservations: Permit issued for the following development only. Excavation: X Fill: X Grading: X Utility Construction: X Road Construction: Residential Construction: Nonresidential Construction: X Addition: Renovation: Other (specify): Utility tower replacement/relocation & streambank stabilization east of Vargrave St. Floodplain/Floodway Approval Conditions for Development include: a) The construction limits of the project as provided in the APPROVED PLANS should be flagged prior to work to ensure no work occurs beyond the approved limits; b) all conditions as set forth in Chapter C, Article II of the UDO of Winston- Salem/Forsyth County, NC, shall be met. 2. Proper Erosion and Sediment control measures shall be installed and maintained in accordance with North Carolina State Standards and approved erosion control plan during all construction operations. If any obstacle prevents the construction of this project as approved here, notification, revised plans, and engineering analysis may be required for submittal, review and approval prior to any permanent changes on the construction site. Failure to comply with the City of Winston -Salem Floodway and Floodway Fringe Regulations including any modifications and/or performance reservations could result in assessment of civil penalties or initiation of civil or criminal court actions. Issued this 8`h day of May , 2014. Matthew Osborne Floodplain Administrator for City of Winston- Salem/Forsyth County PARKVIEW Chewacla Loam Water Salem (;Ceek 0 m Area of Proposed i -� Stream Enhancement v M L Chewacla Loam Cut & Fill m Land E M North State Environmental U) N Stream Enhancements n Stadium Branch @ Salem Creek Created by: CCL A Feet Checked by: AWB, CDJ EWELL 0 25 50 100 Date: June 2014 ENS NEEA N� ..... 'NTS, P. 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