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HomeMy WebLinkAbout20140694 Ver 1_401 Application_20140714t ' DUKE ENERGY Jul. 3, 2014 Ms. Karen Higgins North Carolina Division of Water Resources 401 & Buffer Permitting Unit 1650 Mail Service Center Raleigh, North Carolina 27699 -1650 RE: Duke Energy Carolinas, LLC. Dan River Steam Station Pre - Construction Notification — Closure of 36 inch Corrugated Metal Pipe Dear Ms. Higgins: 201 40694 410 S Wilmington St. Raleigh NC 27601 Duke Energy Carolinas, LLC. is proposing to close the entrance of the 36 inch corrugated metal pipe (CMP) at the Dan River Steam Station located in Rockingham County, North Carolina. The discharge end of the CMP was closed in February/March of this year. In order to close the entrance to the 36 inch CMP it is necessary to install a coffer dam in a wetland area immediately adjacent to the entrance of the pipe. There will be 0.1 acres of tempoary impacts to wetlands and 65 linear feet of tempoary stream channel impacts as a result of the pipe closure. Thank you for your assistance with this project. If you have any questions or comments regarding this letter please contact me at (919) 546 -7457 or steve.cahoon(a�duke- energy.com. Sincerel , Ste hen G. Cahoon Sr. Environmental Specialist Duke Energy Environmental Services Department �o l��C�a1�ja L�� �! 14 WATER QUALlT_* yd �, Stomwar 3rznch 2 0 1 4 0 6 9 4 a�of wArF9pG Office Use Only: Corps action ID no. PAID o < DWQ project no. Form Version 1.4 January 2009 I P7R - r ii:1�R i]UALil`, { VV�llan�s R� Stormwa��: Sra_�cti'i , 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: NWP 18 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? ❑X Yes ❑ No 1 d. Type(s) of approval sought from the DWQ (check all that apply): Z 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 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. ❑ Yes X❑ No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ❑ 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: Duke Energy Carolinas, LLC - Dan River Steam Station 36 -inch Culvert Plug 2b. County: Rockingham 2c. Nearest municipality / town: Eden 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Duke Energy Carolinas, LLC 3b. Deed Book and Page No. Deed Book: 1411; Page Number: 2100 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 ^ �V \� �= 3g. Fax no.: (919) 546 -4409 3h. Email address: steve.cahoon @duke - energy.com I P7R - r ii:1�R i]UALil`, { VV�llan�s R� Stormwa��: Sra_�cti'i , Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a Applicant is ❑ Agent X❑, Other, specify " Duke Energy employee 4b Name Steve Cahoon 4c Business name (if applicable) Duke Energy 4d Street address 41,0 S Wilmington Street 4e ,City, state, zip Raleigh, NC 27601 4f 'Telephone no (919) 546 -7457 4g Fax no (919) ,546 -4409 4h Email address steve cahoon @duke - energy com 5. Agent/Consultant Information (if °applicable) 5a _Name Joshua Bell, PE (Senior Water'Resources'Engineer) 5b Business name (if applicable), AMEC Environment & Infrastructure, Inc- 5c Street address- 2801 Yorkmont Road, Suite 100 5d City, state, zip Charlotte, North Carolina 28208 5e Telephone no (704) 517 -261`8 5f Fax no (704) 357 =8638 5g Email address lo`sh bell @amec com Page 2 of 10 B. Project Information -and Prior Project History 1. Property Identification 1a Property Identification no (tax PIN or parcel ID) PIN 798908886870 1.b Slte�coordinates (In decimal degrees) Latitude 36 491626 Longitude 79 715941 1c Property -size 1 31 acres 2. Surface Waters 2a Name of nearest body of water -to proposed project Dan River 2b Water Quality Classification of-nearest receiving water Dan River = C 2c River basin Roanoke River Basin i HUC 03010103' 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 A potentially jurisdictional scrub /shrub wetland with an herbaceous component and a perennial stream occur within the project site General land use in the 'vicinity of the project site, includes ,power�generation,facilities (buildings, parking lots, etc ), ash ponds and ash fill areas, a rail service line, maintained grassed areas, and shrub and brushland' 3b List the total estimated acreage of all existing wetlands on the property 0 11 '3c List the total estimated linear feet,of allFexisting streams (Intermittent and perennial) on the property 64 9 3d Explain the purpose of the proposed project The purpose of the project is to plug an existing 36 "inch diameter reinforced concrete culvert to prevent water from flowing under the ash fill basin 3e Describe the overall project'in detail, Including the type of equipment to be used The culvert will be plugged using cement A cofferdam will be placed and inflows will be piped to the secondary ash pond See Item 'C2h' for details 4. JUtisdictional Determinations 4a Have jurisdictional wetland orlstream determinations by the Corps or State -been requested or obtained for this property / project (including all prior phases) In the past? ❑ Yes Q 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 determinationsrand attach documentation The discharge end of the 36 -inch pipe was closed in February/March 2014 Please see the attached email from David Shaffer of the U S Army Corps of,Engineers indicating that the discharge end was above the OHWM and no permit was required for closure 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 6. Future Project Plans 6a Is this a phased'project? ❑ Yes X❑,allo 6b Ifyes, explain Page 3 of 10 PCN Form — Version 1 4 January 2009 C. Proposed, Impacts Inventory 1. 'Impacts Summary la Which sections were completed below for your project (check all that apply) ❑X Wetlands x❑ Streams = tnbutanes ❑ 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 2b 2c 2d 2e 2f Wetland impact Type,of impact Type of,wetland Forested Type of jurisdiction Area of number Corps (404,10) or impact I Permanent (P) or DWQ (401, other) (acres) T —Temporary W1 T Flooding Seep No Corps 00973 W2 T Fill Seep No Corps 000,1 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: 00983 2h Comments Wetland impacts are temporary due to stormwater impoundment (flooding) and cofferdam placement (temporary-fill)- Any water that is impounded will be mmoved'wdhin 72 hours via pumping to the secondary ash pond The stormwater diversion will result in a temporary impoundment, based on 25- year event runoff storage Access for construction equipment and materials will be provided via adjacent maintained roadways Please see the attached Plan View and Cross - Section drawings Note In the above table, W1, and`W2 occur within'the same wetland system 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 3b 3c 3d 3e 3f 3g _ Stream impact Type of impact 'Stream name Perennial (PER) or Type -of ,Average Impact number intermittent (INT)? jurisdiction stream 'length Permanent (P) or width (linear Temporary (T) (feet) feet) S1 T Flooding Unnamed Tributary INT Corps 1 5 61 S2' T Fill Unnamed Tributary INT Corps 1 5 39 S3 - Choose one - - S4 Choose one - S5 - Choose one S6 -- Choose one - - 3h Total stream and tributary impacts 649 31 Comments Stream impacts are temporary due to stormwater impoundment (flooding) and cofferdam placement (temporary fill) Any water that is impounded will be,removed within 72 hours via pumping to;the secondary°ash pond The stormwater diversion will result in a temporary impoundment, based on'25- year event runoff storage Access for construction equipment and materials will be provided via adjacent maintained roadways_ Please,see the attached -Plan View and Cross- Sectionldrawings' Note In the,above table, S1 and S2 occur within the same stream reach Page,4 of 10 PCN Form – Version 14 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 thewindiVii ually 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 Choose 02 - 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, then com lete'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, permitADino 51 Expected pond surface area (acres) 5.1 Size of pond watershed (acres): 5k Method of'construction 6. Buffer Impacts (for DWQ) If project will impact a protected npanah buffer, then complete the chart below If yes, then individually list all buffer'impacts below If-any impacts require mitigation,, then ou MUST'till 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 T 6c Reason'for°impact 6d Stream,name 6e Buffer mitigation required? 6f Zone 1 impact (square feet ) 6g Zone 2 impact (square feet —Temporary B1 _ Yes /No B2 _ Yes /No B3 - Yes /No B4 = Yes /No B5 Yes /No B6 Yes /No 6h Total Buffer Impacts: 61 Comments- Page,5 -of'10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a_ Specifically describe measures taken to avoid or minimize the proposed impacts,in designing project, The project "has been designed to avoid permaneneimpacts to jurisdictional surface waters Avoidance measures in inserting the grout (plug) into the .36 -inch culvert opening wdl,entail the use of best management practices and approved construction techniques- water that is impounded Will be removed within 72 hours via pumping to the secondary ash pond The proposed action at this location will, result in minor temporary impacts,to ,potentially jurisdictional surface waters lb Specifically descnbe measures:taken to avoid or minimize the proposed impacts through construction techniques ,Impacts to jurisdictional surfacematers will be avoided during construction by traversing uplands,to access the site with construction machinery, i e , access for construction, equipment and materials,will be provided via adjacent maintained roadways Silt fences and,other sediment and erosion controllbest management practices will be util¢ed'to avoid impacts to wetlands and'streams through erosion, and sedimentation 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 yes, mitigation is required by (check all thatapply) ❑ DWQ ❑ Corps 2c If yes, which mitigation option will be used for this pro)ect? ❑ Mitigation bank El 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 Pa ment,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 Buffet 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 Pernifttee 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 square4eet of impact.tofeach zone of'the npahan 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. DiffuseTlow Plan 1a Does the project include or is,it adjacent to, protected,nparian buffers, identified ❑ Yes X❑ No, within one of the NC Riparian Buffer Protection Rules? lb 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? 1 % 2b Does this project require a Stormwater Management Plan? ❑ Yes 0 No 2c If'this project'DOES'NOT require a Stormwater Management Plan, explain why - The project site meets the low density criteria as,specified under DWR Water Quality Certification No 3890, i e , the,project has a built upon area of less than 1 % BMPs have also been designed to meet the requirements of Water Quality Certification No 3890 for low density development The proposed action,will not add impervious area to the project As specified by Water'Quality Certification No 3890, two copies of the DWR Low Density Supplement Form are attached to this PCN application 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? DWR 401,Unit 3. Certif'ed Local Government Stormwater Review 3a In which local government's jurisdiction is this project? N/A ❑ Phase II ❑ NSW 3b Which of the following locally- implemi4nted�stormwater management programs ❑ USMP apply (check all that apply) ❑ Water Supply Watershed ❑ Other 3c Has the�approved Stormwater Management Plan with proof of'approval been ❑ Yes X❑ No attached? 4. DWQ Stormwater Pro- ram Review ❑Coastal counties ❑HQW 4a 'Which of'the following_ state - implemented Stormwater management programs apply ❑'ORW' (check'all that apply) ❑Session Law 2006 -246 Z Other Low Density (WQC 3890) 4b Has,the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑X 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? ❑X ,Yes ❑ No Page 8 of 10 PCN Form — Version 1 4 January, 2009 F. Supplementary„Information 1. Environmental Documentation (DMAequirement) 1 a Does the project involve an expenditure of public (federal /state /local) funds or the ❑'Yes ❑X No use of- public (federal /state) land*7 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 El No, (North Carolina) Environmental Policy Act,(NEPA9SEPA)? 1c 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 E] No letter) Comments 2. Violations (DWQ Requirement) 2a Is the site in violation of DWQ Wetland Rules (15A NCAC 2H 0500), Isolated Wetlarid 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? ❑TYes ❑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 [-],Yes ONO 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 Should wastewater be,generated from the grouting of the plug of the 36 -inch culvert, the,wastewater will be pumped1to the secondary ash pond The proposed achon.of grouting the plug will not generate additional wastewater once the plug is in place Page 9 of 10 PCN Form — Version 1 4AJanua y 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 ❑ No impacts? 5c If yes,'indicate the USFWS Field Office,you have contacted Raleigh 5d 'What data sources did you use to determine whether your site-would impact Endangered Species or Designated Critical °Habitat? USFWS Information, Planning, and Conservation System (IPaC)'interactive website and the North Carolina Natural Heritage Program (NCNHP) Natural Heritage Database Search interactive website A copy of the,IPaC database query results for this project is attached herein 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? NOAA National Manne,Fishenes Service — online interactive software " Essential'Fish Habitat Mapper v3,0" 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 ❑ No status (e g , National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b What data sources didryou'use to determine whether your site +would impactihistoric or'archeological, resources? North Carolina Department of Cultural Resources, State Historic Preservation Office (SHPO) interactive web site ( HPOWEB) A- graphic exhibit of the HPOWEB map query for the project vicinity is attached herein 8. Flood Zone Designation (Corps Requirement) 8a Will this project occur in a FEMA- designated 100 -year floodplain? ❑ Yes ❑X No 8b If,yes, explain how project meets FEMA requirements - 8c What source(s) did you useito make the floodplain determination? A graphic exhibit of the °100 year flogdplain for the project vicinity is attached`herein Source 'FEMA/FIRM, map °numbers 3710798900J, 37107,99900J„ and'3710709000J, dated July 3, 2007 4c ✓G CG 40am Applicant/Agent's Printed Name Date Applicant/Agent's Signature (Agent's signature is valid only if an authonzation letter from the applicant is provided Page 10 of 10 USACE Pre - Construction Notification — NWP 18 Duke Energy Carolinas, LLC - Dan ,River, Stearn 'Station 36 -inch Culvert Plug' Rockingham County',, ,NC ATTACHMENTS Figure 1 Site Location Map Figure 2 Aerial Photograph Figure 3 NRCS Soils Map Figure 4 USFWS NWI Map Figure 5 SHPO Map Figure 6 FEMA 100 -Year Floodplain Map Plan View drawing Cross - Section drawing Email correspondence, dated February 1,9', 201.4, from David Shaeffer, USAGE, to Steve Cahoon, Duke Energy DENR Low Density Supplement Form USFWS Information, Planning, and Conservation System (IPaC) database search results i all et i Sewage D ' i • It AV P)werphlo -' • `^tip •�+y , • �,�. � f •14 gamma to X6 0 Wa Source: USGS 24k Map Sheets, Southeast Eden and Northeast Eden rV Nj (r N 0 500 1,000 2,000 Feet SITE LOCATION MAP DUKE 36 -INCH CULVERT PLUG �' ENERGY ameo DUKE ENERGY DAN RIVER STEAM STATION ROCKINGHAM COUNTY NORTH CAROLINA In( r J� PREPARED DATE CHECKED DATE JOB NUMBER FIGURE BY SJP 7/1/2014 BY RGH 7/1/2014 6226 -14- 0004.02.022 1 - - - - - - - - ..... PROJECT AREA a Ful —f F �r ._ 's Map Symbol Description AyC Ayersville gravely loam 4 to 15 percent slopes AyF Ayersville gravely loam, 15 to 45 percent slopes CmB Clover sandy loam 2 to 8 percent slopes CTO Clover sandy loam, 8 to 15 percent slopes DaA Dan laver loam, 0 to 2 percent slopes, frequently flooded Sv8 Stoneville loam, 2 to 8 percent slopes SvD Stoneville loam. 8 to 15 percent slopes Ud Udorthenls, loamy W Water Source: http: / /goto. arcgisonline .com /maps/World_Imagery. accessed July 1, 2014; USDA NRCS Soil Survey Geographic (SSURGO) database for N Rockingham County, North Carolina, dated December 21, 2013. Soil Type Boundary 0 250 500 1,000 Feet NRCS SOILS MAP 40) DUKE 36 -INCH CULVERT PLUG ENERGY.: ameO DUKE ENERGY DAN RIVER STEAM STATION ROCKINGHAM COUNTY, NORTH CAROLINA PREPARED DATE CHECKED A JOB NUMBER FIGURE BY SJP 7/1/2014 BY RGH 7/1/2014 6226 -14- 0004.02.022 3 PUBHh t PUSCh PUBHh PUBHx R2UBH � Classification Description PUBFh Palustrine, Unconsolidated Bottom Permanently Flooded, Diked /krpounded ` s PUBW Palustrine, Unconsolidated Bottom Pernanenty Flooded, Excavated ' PUSCh Palustrine, Unconsolidated Shore, Seasonally Flooded, Dked /Irrpounded R2UBH I Rvenne. Lower Perennial, Unconsolidated Bottom Permanently Flooded Source: http: / /goto. arcgisonline .com /maps/World_lmagery, accessed July 1, 2014; U.S. Fish and Wildlife Service, National Wetlands Inventory GIS N database, dated May 1, 2014. - Freshwater Pond W Other = Riverine 0 250 500 1,000 Feet USFWS 4nDUKE 36 -INCH CU EIRTAPLUG ENERGY, a DUKE ENERGY DAN RIVER STEAM STATION ROCKINGHAM COUNTY, NORTH CAROLINA PREPARED DATE 1(;HECKED IDA JOB NUMBER FIGURE BY SJP 7/1/2014 BY RGH 7/1/2014 6226 -14- 0004.02.022 4 ! s�. ♦grlr r IN PROJECT AREA PUBHh t PUSCh PUBHh PUBHx R2UBH � Classification Description PUBFh Palustrine, Unconsolidated Bottom Permanently Flooded, Diked /krpounded ` s PUBW Palustrine, Unconsolidated Bottom Pernanenty Flooded, Excavated ' PUSCh Palustrine, Unconsolidated Shore, Seasonally Flooded, Dked /Irrpounded R2UBH I Rvenne. Lower Perennial, Unconsolidated Bottom Permanently Flooded Source: http: / /goto. arcgisonline .com /maps/World_lmagery, accessed July 1, 2014; U.S. Fish and Wildlife Service, National Wetlands Inventory GIS N database, dated May 1, 2014. - Freshwater Pond W Other = Riverine 0 250 500 1,000 Feet USFWS 4nDUKE 36 -INCH CU EIRTAPLUG ENERGY, a DUKE ENERGY DAN RIVER STEAM STATION ROCKINGHAM COUNTY, NORTH CAROLINA PREPARED DATE 1(;HECKED IDA JOB NUMBER FIGURE BY SJP 7/1/2014 BY RGH 7/1/2014 6226 -14- 0004.02.022 4 LL 1 111 1 1! 1 1 (� �-r , r d \I; 11111111e17 \' +� \ r (!) LL J O (co:)F,))' I I I 1 /% \I 00 (0 I 111 N �; \ 0 Z LIB I i I �W W a, 1J I \ UZ ! Ir' 1 zow � j �� =z?�` I Q I ' W z � ' 9,- — U,\o CL ' 11xDw; }(IM I Zo�w`� I 1 LIJ m L � ^ � �o of o�; ciwa �� Q I I w — " W2 !' I \ Z�ULu Co � I , I ono ate ; i \ ALL— ca Ej 0-1 I I I I I I I I I I I +�'{ rL, -.�:•I k, � ~ ` ` 1 � \ > , � � > � . ,� &I I I I ,III ► I I ►' 1 1 1 11, r , I / __1'�- '_ ^�_� _'`_�. 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O i I i Z OZ) W F-0- > gw O N, J W U U) - - -- - — - -- - - - = - - - w U � R? O O Q M U N U w O w w O J a F- Q U C) O o 2 N Q O D (� > r w w O z x r 'O L) O U ° a N w r c a z Z o a �Q °- U r LrU^ N i co •R�) N V Q1 �l 7 � U mr cl o W r M O R2(09 J w w � o w cD U w Q 0 p, z w c �,w Q YiK Z p w o0, Z Z w w O w N =7 N az O � a w O J Z 2 w U O w to �LiLi in W ro 0 N -O O 0 O LO O co N N lf� l(j Ln LO Lf) • i Harmon, Richard G From: Shaeffer, David L SAW [David L Shaeffer @usace army mil] Sent: We February 19, 2014 7 27 AM To: Cahoon, Steve Cc: Higgins, Karen (karen higgins @ncdenr gov) Subject: RE Duke Energy's Dan River Steam Station ­36 inch Storm Water Pipe (UNCLASSIFIED) * ** This is an EXTERNAL email. Exercise caution. DO NOT open attachments or, click links from unknown- senders or unexpected email. * ** Classification: UNCLASSIFIED Caveats,: NONE H'i Steve, I concur. The area show in the photographs is above the OHWM'and appears to be uplands. A 404 permit would not be required for discharges in these- areas. Sincerely, David L, Shaeffer, Geographer - U.&. Army Corps of Engineers Raleigh Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Phone: 919 -554 -4884 ext. 31 Fax: 919 -562 -0421 Original Message---- - From: Cahoon, Steve [ mailto :Steve.Cahoon(@duke- energy.com] Sent: Tuesday, February 18, 2014 12 °:03 PM To: Shaeffer, David L- SAW Cc: Higgins, Karen (karen.higgins0ncdenr.gov) Subject: [EXTERNAL] Duke Energy's Dan River Steam Station - 36 inch Storm Water Pipe Hi David, Duke Energy has'been asked to provide a plan to close a 36" storm drain pipe at the Dan River Steam Station. This pipe is located downstream of the 48" storm water pipe (see attached PDF). At this point in time we are planning to expand an existing platform in the vicinity of the 36" storm water pipe. The plan is to expand the platform toward the river and to the right of the existing platform (see attached 2014 -92 -18 Dan River 004) on flat ground. Duke Energy believe that the platform expansion will be in upland areas above the ordinary high water mark (OHWM) of the river. The velocity of the river depicted in image 004 is at approximately 3,600 cubic feet per second (cfs) well above the point that Duke Energy believes depicts the OHWM for the river. ,Du"'ke,Energy'believes the OHWM,for the river at the Dan' Diver Station is approximately 2,200 cfs. In,no case will the - expanded pl °atform,be any closer than 4 feet above the river's edge depicted in, image 004. Image 0694 depicts'an area that was, dug out to build the existing platform. Duke Energy will need to dig out an area similar to the area depicted in image 0694 to form the base for the platform expansion. The platform will be expanded to approximately 1.5 times its current size. Appropriate erosion control measures will be used in an effort to try and keep sediment from reaching river. All work associated with this project will be completed on the north side of the river, away from any potential Section 106 issues. 1 Duke Energy believes that there are no permits needed from the USACOE to expand the existing onsite platform because the work will be conducted in uplands above the OHWM. Please reply to this email with your assessment of the need for permits from the USACOE for completing this work. Please contact me with any questions. Thanks for your help, Steve Classification: UNCLASSIFIED Caveats: NONE 2 Permit No. (to be provided by DEMM) State of North Carolina Department of Environment and'Natural Resources Division of Energy, Mineral and Land Resources STORMWATER MANAGEMENT PERMIT APPLICATION FORM LOW DENSITY SUPPLEMENT This form may be photocopied for use as an original A low density project is one that meets the appropriate criteria for built upon area and transports stormwater runoff primarily through vegetated conveyances Low density projects should not have a discrete storm, water collection system as defined by 15A NCAC 214.1002(18). Low density requirements and density factors can be found in Session Law 2008 -211, 15A NCAC 2H .1000, Session Law 2006 -246 and the State of North Carolina Stormwater Best Management Practice Manual. Curb and gutter systems are allowed provided they meet the requirements in 15A NCAC 2H. I 008(g). I. PROJECT INFORMATION Project Name ^ Duke Dan River Protect - 36 -inch Culvert Plug Contact Person: Joshua Bell, P E. Phone Number: ( 704 )517 -2618 Number of Lots:N /A Allowable Built Upon Area (BUA), Per L' of *N /A Number of Dwelling Units Per Acre * *:N /A Low Density Development (check one) ❑ without curb & gutter ❑ with curb & gutter, outlets to (check one): ❑ Swales ❑ Vegetated Area *If lot sizes are not uniform, attach a table indicating the number of lots, lot sizes and allowable;built upon area for each lot. The attachment must include the project name, phase, page numbers and provide area suhtotals,and totals: 'BUA shall Ve shown-in units of square feet. * *(Phase H Post - Construction [non -SAl only) II. BUILT UPON AREA Refer-to DEMLR's forms and applications website for specific language that must bexecorded in the deed restrictions for all subdivided projects. ( http -' / /portal.ncdenr..org/web /lr /state- stormwater -forms does) Complete the following calculation in the space,provided below where: • SA Site Area - the total project area above Mean High Water. • DF Density Factor - the appropriate percent built upon area divided by 100. • RA Road Area - the total impervious surface occupied by roadways. • OA Other Area - the total area of impervious surfaces ,such,as clubhouses, ,tenms courts, sidewalks, etc. • No. of Lots - the total number of lots in the subdivision. • BUA per Lot - the computed allowable built upon area for each lot including driveways and impervious surfaces located between the front lot line and the edge of pavement. • Total allowable lot BUA - the computed, allowable�built upon area for all lots combined. • Total BUA from lot listing - the sum of built upon area allocated for each lot on the list of non - uniform lots. Form SW401 -Low Density- Rev.3- 2/10/09 Page 1 of 4 For - uniform lot sizes: ' (SA ft, 2 x DF• ) — (RA ft2) — (OA: ft2) = BUA per Lot = ft2 (No of Lots:, ) For non - uniform, lot sizes: a. (SA ft2 x DF: ) — (RA: ft2) — (OA: ft2) =Total ,allowable lot BUA = ft2 b. Total BUA from lot listing: A b must'be < a III. DESIGN INFORMATION Complete the following table. If additional space is needed the information should be provided in the "same format as Table 1 and attached to this form. Rainfall intensity data can be found in Appendix 8.03 of the State of North Carolina Erosion and Sediment Control Planning and Design Manual or at http: //hdsc nws noaa gov/hdsc /pfds/ rr_l_ Q­--l- Aon,— l,noaA nn t}1P 111_vPnr c+nrm Swale No. Drainage Area (ac) Impervious Area (ac) Grassed Area (ac) C Q (cfs) Slope N wallow (fps) -� 1 vactual (fps) Flow Depth (ft)' 1 - 2 3 4 5 6 7 8 9 10 11 12 13 14 - 15 16 17 18 19 2'0 Form SW401 -Low Density-Rev 3- 2/10/09 Page 2 of 4 W. REQUIRED ITEMS CHECKLIST The following checklist outlines design requirements per the North Carolina Administrative Code ,Section 15A NCAC 2H .1000, NCDENR BMP Manual (2007), Session Law 2006 -246, and Session Law 2008 -211. Please indicate the page or plan sheet numbers where the supporting ,documentation can be found. An incomplete submittal package will result in a request for additional information. This will delay final review and approval of the project. Initial in the space provided to indicate that the following requirements have been met and supporting documentation is provided as necessary. If the applicant has designated an agent on the Stormwater Management Permit Application Form, the agent may initial below. If any item is not met, then iustification must be attached. Only complete items n through p for projects with curb outlets. Page/Plan Initials Sheet No. a. t For projects in the °20 coastal counties- Per NCAC 2H.1005, a 50 foot-wide vegetative buffer is provided adjacent to surface waters. For Redevelopment projects, a 30' wide vegetative buffer adjacent surface waters is provided. b. t For HQW or ORW projects outside the 20 coastal counties A 30 foot wide vegetative buffer is provided adjacent to- surface waters. C. ' For Phase H Post - Construction projects: All built-upon area is located at least 30 feet landward of all perennial and intermittent surface waters. d. Deed restriction language as required on form SWU -101 shall be recorded as a restrictive covenant. A copy of the recorded document shall beyrovided to DWQ within 30 days of platting and prior to the sale of any -lots. e. Built upon area calculations are provided for the overall project and all lots. f. Project conforms to lbw density requirements within the ORW AEC'.,(if applicable per 15A NCAC 2H. 1007) g. Side slopes of swales are no steeper than, 3:1; or no.steeper'than 5:_1 for curb outlet,swales. h. Longitudinal slope of swales is no greater than 5 %; for non -curb outletprojects, calculations for shear, stress and velocity are provided if slope is greater than 5r %. 1. At a minimum, swales are designed to carry the 10 -year storm velocity at a non - erosive rate. j Swales discharging to wetlands are designed to flow into and through the wetlands at a non- , erosive velocity {for'this flow requirement into wetlands, non - erosive is velocity < 2 ft/.$). k. Swale detail and permanent vegetation is specified on the plans. 1 Swale detail provided on plans; includes,grass type(s) for`permanent vegetative cover. m. Swales are located in recorded, drainage easements. n.t t ,Length of swale or vegetated area is at least 100, feet for each curb outlet. o.tt The system takes into account the run -off at ultimate built -out potential' from all surfaces draining to the system (delineate drainage area for each swale). p tt Curb outlets direct flow to a swale or vegetated area t Projects in' the Neuse, Tar - Pamlico, Catawba River basins, and Randleman Lake may require additional buffers. tt Only complete these items for projects with,curb outlets. Form SW401 -Low Density- Rev'3- 2/10/09 Page 3 of 4 ' V. SWALE SYSTEM MAINTENANCE REQUIREMENTS 1. Mowing will be accomplished as needed according to the' season. Grass height will not exceed six inches at any time; and grass wilLnot be mowed too close`to the ground or "scalped ". 2. Swales will be inspected monthly,or after every runoff producing rainfall event ;fot sediment build -up, erosion, and trash accumulation. 3. Accumulated sediment and trash will be removed as necessary. Swales will be reseeded or sodded following sediment removal. 4. Eroded areas of `the swales will be repaired and reseeded. Swales will be revegetated as needed and in a timely manner`based on the monthly inspections. Side slopes must be maintained at the permitted slope. 5. Catch basins, curb cuts, velocity reduction devices, and piping will be inspected monthly or after every significant runoff producing rainfall event. Trash and debris will be cleared away°from grates, curb cuts, velocity reduction devices and piping. 6. Swales will not be altered, piped, ovfilled in without approval from NCDENR Division of Energy, Mineral and Land Resources. I acknowledge and agree by my signature below that I am responsible for the perfotmance of the, six maintenance procedures listed above. I agree to notify DEMLR of any problems with the system or prior to any changes to the system or responsible-party. Print Name and Title; Address;2801 Yo Phone •7045L7j6i 9= Signature� Note. The gally rei resident of the I, a ''BSe1,P Charl Date.. �) 2 -z-,- ( "I T ��67 �1'2�Zow s�iel� sot be a homeowners association unless -more than 50% of the lots have been sold and a V PkntOb,,Pnamedthepresident too,#rnI,IWO a Notary Public for the State of County of do hereby certify that personally appeared before me this _ day of , and acknowledge the due execution of the forgoing swale maintenance,requirements Witness my hand,and official seal, Notary signature SEAL My commission expires - Form SW401 -Low Density-Rev-3 2 /10/09 Page 4 of 4 Attachment A This project is to provide for the grouting of the existing 36 inch reinforced concrete pipe that drains a 6 acre drainage area just upstream of the existing'Secondary-Ash Basin at Dan River Steam Station in Eden, 'North Carolina. The impacts to the stream include the installation of the cofferdam for the grout installation, and the temporary inundation of the wetlands following storm events. Calculations indicate that the wetland area can store the 25 -year storm event up to elevation 515.9 without discharge. Pumping capacity currently provided ;allows for the temporarily impounded water to be drawn_ back down within 72',hours of the, storm event. Pumped flows will be discharged to the active Seconday Ash Basin and ultimately outfall to the Dan River through the outfall structure.at NPDES outFall 002 M rM 110 cz U.S. Fish and Wildlife Service Trust Resources List This resource list is to be used for planning purposes only — it is not an official species list. Endangered Species Act species list information for your project is available online and listed below for the following FWS Field Offices: Raleigh Ecological Services Field Office POST OFFICE BOX 33726 RALEIGH, NC 27636 (919) 856 -4520 Project Name: Duke Dan River 07/02/2014 Information, Planning, and Conservation System (IPAC) Page 1 of 6 Version 1.4 7m 811t�� IC L= i .a U.S. Fish and Wildlife Service Project Location Map: Ilk Y� <,: ►� "- 1 bbb.. w Project Counties: Rockingham, NC Trust Resources List Geographic coordinates (Open Geospatial Consortium Well -Known Text, NAD83): MULTIPOLYGON (((- 79.7172516 36.4909193, - 79.7172098 36.4920269, - 79.7155575 36.4920442, - 79.7155779 36.4909056, - 79.7172516 36.4909193))) Project Type: Power Generation 07/02/2014 Information, Planning, and Conservation System (IPAC) Page 2 of 6 Version 1.4 r= � �O M U.S. Fish and Wildlife Service Trust Resources List Endangered Species Act Species List (USFWS Endangered Species Program). There are a total of 2 threatened or endangered species on your species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fishes may appear on the species list because a project could cause downstream effects on the species. Critical habitats listed under the Has Critical Habitat column may or may not lie within your project area. See the Critical habitats within your project area section below for critical habitat that lies within your project area. Please contact the designated FWS office if you have questions. Species that should be considered in an effects analysis for your project: Clams Status Has Critical Habitat Contact James spinymussel Endangered specie s Raleigh Ecological (Pleurobema collina) info Services Field Office Population: Entire Flowering Plants Smooth coneflower Endangered species Raleigh Ecological (Echinacea laevigata) info Services Field Office Critical habitats within your project area: There are no critical habitats within your project area. FWS National Wildlife Refuges (IISFWS National Wildlife Refuges �Program ). There are no refuges found within the vicinity of your project. FWS Migratory Birds (USFWS Migratory Bird Program). The protection of birds is regulated by the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA). Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). The MBTA has no provision for allowing take of migratory birds that may be unintentionally killed or injured by otherwise lawful activities. For more information regarding these Acts see htt2: / /www.fws.2ov /mi rg atorybirds /Re2ulationsandPolicies.html. 07/02/2014 Information, Planning, and Conservation System (IPAC) Page 3 of 6 Version 1.4 Blrak[ A lVi4DLIPS SBRVlCB U.S. Fish and Wildlife Service Trust Resources List All project proponents are responsible for complying with the appropriate regulations protecting birds when planning and developing a project. To meet these conservation obligations, proponents should identify potential or existing project- related impacts to migratory birds and their habitat and develop and implement conservation measures that avoid, minimize, or compensate for these impacts. The Service's Birds of Conservation Concern (2008) report identifies species, subspecies, and populations of all migratory nongame birds that, without additional conservation actions, are likely to become listed under the Endangered Species Act as amended (16 U.S.0 1531 et seq.). For information about Birds of Conservation Concern, go to http: / /www.fws. og v /mi rg ator ybirds/ CurrentBirdIssues /Manayement/BCC.html. Migratory birds of concern that may be affected by your project: There are 5 birds on your Migratory birds of concern list. The Division of Migratory Bird Management is in the process of populating migratory bird data with an estimated completion date of August 1, 2014; therefore, the list below may not include all the migratory birds of concern in your project area at this time. While this information is being populated, please contact the Field Office for information about migratory birds in your project area. Species Name Bird of Conservation S p e c i e s Seasonal Occurrence in Concern (BCC) Profile Project Area Brown - headed Nuthatch (Sitta Yes species info Year -round pusilla) Least Bittern (Ixobrychus exilis) Yes species info Breeding Rusty Blackbird (Euphagus Yes species info Wintering carolinus) Wood Thrush (Hylocichla Yes species info Breeding mustelina) Worm eating Warbler (Helmitheros Yes species info Breeding vermivorum) NWI Wetlands (USFWS National Wetlands Inventory). The U.S. Fish and Wildlife Service is the principal Federal agency that provides information on the extent and status of wetlands in the U.S., via the National Wetlands Inventory Program (NWI). In addition to impacts to wetlands within your immediate project area, wetlands outside of your project area may need to be considered in any evaluation of project impacts, due to the hydrologic nature of wetlands (for example, project activities may affect local hydrology within, and outside of, your immediate project area). It may be helpful to refer to 07/02/2014 Information, Planning, and Conservation System (IPAQ Page 4 of 6 Version 1.4 ssmncs U.S. Fish and Wildlife Service Trust Resources List the USFWS National Wetland Inventory website. The designated FWS office can also assist you. Impacts to wetlands and other aquatic habitats from your project may be subject to regulation under Section 404 of the Clean Water Act, or other State /Federal Statutes. Project Proponents should discuss the relationship of these requirements to their project with the Regulatory Program of the appropriate U.S. Army Corps of Engineers District. Data Limitations, Exclusions and Precautions The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level information on the location, type and size of these resources. The maps are prepared from the analysis of high altitude imagery. Wetlands are identified based on vegetation, visible hydrology and geography. A margin of error is inherent in the use of imagery; thus, detailed on- the - ground inspection of any particular site may result in revision of the wetland boundaries or classification established through image analysis. The accuracy of image interpretation depends on the quality of the imagery, the experience of the image analysts, the amount and quality of the collateral data and the amount of ground truth verification work conducted. Metadata should be consulted to determine the date of the source imagery used and any mapping problems. Wetlands or other mapped features may have changed since the date of the imagery and/or field work. There may be occasional differences in polygon boundaries or classifications between the information depicted on the map and the actual conditions on site. Exclusions - Certain wetland habitats are excluded from the National mapping program because of the limitations of aerial imagery as the primary data source used to detect wetlands. These habitats include seagrasses or submerged aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and nearshore coastal waters. Some deepwater reef communities (coral or tuberficid worm reefs) have also been excluded from the inventory. These habitats, because of their depth, go undetected by aerial imagery. . Precautions - Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and describe wetlands in a different manner than that used in this inventory. There is no attempt, in either the design or products of this inventory, to define the limits of proprietary jurisdiction of any Federal, state, or local government or to establish the geographical scope of the regulatory programs of government agencies. Persons intending to engage in activities involving modifications within or adjacent to wetland areas should seek the advice of appropriate federal, state, or local agencies concerning specified agency regulatory programs and proprietary jurisdictions that may affect such activities. The following wetland types intersect your project area in one or more locations: Wetland Types NWI Classification Code Total Acres 07/02/2014 Information, Planning, and Conservation System (IPAQ Page 5 of 6 Version 1.4 ( =ate M U.S. Fish and Wildlife Service was o Trust Resources List Freshwater Pond PUBHx 19.3388 771 07/02/2014 Information, Planning, and Conservation System (IPAC) Page 6 of 6 Version 1.4 Homewood, Sue From: Bailey, David E SAW <David.E.Bailey2@usace.army.mil> Sent: Wednesday, August 13, 2014 4:20 PM To: Cahoon, Steve Cc: Homewood, Sue Subject: Request for Additional Information: proposed pipe closure, Duke Energy Dan River Steam Station,Eden, Rockingham Co., NC; SAW -2014-01477 (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE Mr. Cahoon, Thank you for your PCN and attached plans, received 7/7/2014, for the above referenced project. I have reviewed the information and additional information/revision is needed prior to considering your application complete. Please see the comments and questions below and submit the requested information (via e-mail is fine) within 30 days of receipt of this Notification; otherwise we may deny verification of the use of the Nationwide Permit or consider your application withdrawn and close the file: 1) Your current proposal results in inundation of Waters of the US, including both wetlands and streams, occurring as indirect impacts to the proposed regulated activity. However, we do not consider dewatering via indefinite pumping sufficient reason to consider the impacts temporary. As such, as currently proposed, the project would result in permanent impacts to wetlands and streams subject to inundation (i.e. permanent conversion of Waters type - wetland and stream to open water). One possible way to avoid permanent impacts to Waters of the US and show avoidance and minimization would be to route flow from the wetland/stream area via gravity pipe or ditch to another Water of the US. 2) Your current proposal would pump/re-route inundated water in the impact area to the secondary ash basin, which is not a Water of the US. It is possible that this action, if permanent, would render the wetland/stream area in question as non -jurisdictional by severing its nexus with the Dan River. If this is the case, we would consider the entire wetland/stream complex in question a loss of Waters of the US. 3) Please review the above information with respect to your PCN and offer a permanent solution to handling the flow from Waters of the US resulting from plugging the 36 inch pipe. If you instead propose to fill in the wetland/stream complex, please note that you must justify these actions in terms of avoidance and minimization as well as practicability of alternatives. Note also that wetland impacts > 0.1 acre will require compensatory mitigation per Nationwide Permit Condition 23. Please let me know if you have any questions. Sincerely, Dave Bailey David E. Bailey Project Manager 1 US Army Corps of Engineers CE -SAW -RG -R 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Phone: (919) 554-4884, Ext. 30. Fax: (919) 562-0421 Email: David.E.Bailey2(@usace.army.mil The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://regulatory.usacesurvey.com/. Classification: UNCLASSIFIED Caveats: NONE N