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HomeMy WebLinkAbout20180364 Ver 2_ePCN Application_20221205DWR Division of Water Resources Initial Review Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) April 13, 2022 Ver 4.3 Has this project met the requirements for acceptance in to the review process?* Yes No Is this project a public transportation project?* Yes No Change only if needed. Pre -Filing Meeting Date Request was submitted on: 11/4/2022 BIMS # Assigned* Version#* 20180364 1 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Reviewing Office* Mooresville Regional Office - (704) 663-1699 Information for Initial Review What amout is owed?* $240.00 $570.00 Select Project Reviewer* Andrew Pitner:eads\ahpitner la. Name of project: Lookout Shoals Embankment Seismic Stability Improvements (ESSI) Project la. Who is the Primary Contact?* Gretchen Schroeder lb. Primary Contact Email:* lc. Primary Contact Phone:* gretchen.schroeder@duke-energy.com (504)610-6453 Date Submitted 12/5/2022 Nearest Body of Water Catawba River Basin Catawba Water Classification W S-I V; CA Site Coordinates Latitude: Longitude: 35.753941 -81.094389 A. Processing Information County (or Counties) where the project is located: Catawba Is this a NCDMS Project Yes No Is this project a public transportation project? * Yes No la. Type(s) of approval sought from the Corps: Section 404 Permit (wetlands, streams and waters, Clean Water Act) Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* Yes No Please provide the date of the previous submission.* 3/12/2019 1 b. What type(s) of permit(s) do you wish to seek authorization? Nationwide Permit (NWP) Regional General Permit (RGP) Standard (IP) lc. Has the NWP or GP number been verified by the Corps? Yes No Nationwide Permit (NWP) Number: 03 - Maintenance NWP Numbers (for multiple NWPS): ld. Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular Non-404 Jurisdictional General Permit Individual 401 Water Quality Certification le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: If. Is this an after -the -fact permit application?* Yes No lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No 1 h. Is the project located in any of NC's twenty coastal counties? Yes No 1j. Is the project located in a designated trout watershed? Yes No B. Applicant Information Id. Who is applying for the permit? Owner Applicant (other than owner) le. Is there an Agent/Consultant for this project?* Yes No 2. Owner Information 2a. Name(s) on recorded deed: Duke Energy 2b. Deed book and page no.: 0000/2006 2c. Contact Person: Gretchen Schroeder 401 Water Quality Certification - Express Riparian Buffer Authorization Yes No Yes No 2d. Address Street Address 678 Lookout Shoals Road Address Line 2 City Statesville Postal / Zip Code 28625 State / Province / Region NC Country USAC 2e. Telephone Number: 2f. Fax Number: (504)610-6453 2g. Email Address: * gretchen.schroeder@duke-energy.com 4. Agent/Consultant (if applicable) 4a. Name: Eric Mularski 4b. Business Name: HDR 4c. Address Street Address 440 S. Church Street Address Line 2 City Charlotte Postal / Zip Code 28202 4d. Telephone Number: (704)973-6878 4f. Email Address: * eric.mularski@hdrinc.com C. Project Information and Prior Project History State / Province / Region NC Country USA 4e. Fax Number: 1. Project Information 1b. Subdivision name: (if appropriate) lc. Nearest municipality / town: Catawba 2. Project Identification 2a. Property Identification Number: 377302770605 & 377302952468 2c. Project Address Street Address Address Line 2 City Postal / Zip Code 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * Catawba River 3b. Water Resources Classification of nearest receiving water: * W S-I V; CA 3c. What river basin(s) is your project located in?* Catawba 3d. Please provide the 12-digit HUC in which the project is located. 03050101 2b. Property size: 122.76 State / Province / Region Country 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:* The existing conditions and general land use is undeveloped open space and mixed -forest lands. Active construction related to the Lookout Shoals ESSI project. Reminder - this submittal is for an 404/401 permit extension request for a previously authorized permit. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? * Yes No Unknown 4f. List the total estimated acreage of all existing wetlands on the property: 5.85 4g. List the total estimated linear feet of all existing streams on the property: 5845 4h. Explain the purpose of the proposed project:* See attached 404/401 approvals and extension request. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* See attached 404/401 approvals and extension request. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* Preliminary Approved Not Verified Unknown N/A Corps AID Number: SAW - 2014-00699 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Eric Mularski, PWS HDR Unknown 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR See attached 6. Future Project Plans 6a. Is this a phased project?* Yes No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): Wetlands Open Waters 2. Wetland Impacts Streams -tributaries Pond Construction Buffers 2a. Site #* (?) 2a1 Reason (?) 2b. Impact type*(?) 2c. Type of W.* 2d. W. name 2e. Forested* 2f. Type of Jurisdicition* (?) 2g. Impact area* W1 Fill P NON-NCWAM TYPES Wetland 1 No Corps 0.060 (acres) W2 Excavation T NON-NCWAM TYPES Wetland 2 No Corps 1.000 (acres) 2g. Total Temporary Wetland Impact 1.000 2g. Total Wetland Impact 1.060 2g. Total Permanent Wetland Impact 0.060 2i. Comments: see attached cover letter and previous 404/401 approvals 3. Stream Impacts 3a. Reason for impact (?) 3b.Impact type* 3c. Type of impact* 3d. S. name* 3e. Stream Type* (?) 3f. Type of Jurisdiction* 3g. S. width 3h. Impact length* S1 Culvert Permanent Culvert Tributary to the Catawba River Perennial Both 5 Average (feet) 83 (linear feet) S2 De -Watering Temporary Dewatering Tributary to the Catawba River Perennial Both 5 Average (feet) 200 (linear feet) S3 Fill Permanent Fill Tributary to the Catawba River Intermittent Both 2 Average (feet) 55 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 138 3i. Total stream and ditch impacts: 338 3j. Comments: see attached cover letter and previous 404/401 approvals E. Impact Justification and Mitigation 3i. Total temporary stream impacts: 200 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: see attached cover letter and previous 404/401 approvals 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: see attached cover letter and previous 404/401 approvals 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 2c. If yes, mitigation is required by (check all that apply): DWR Corps 2d. If yes, which mitigation option(s) will be used for this project? Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. Yes No 4b. Stream mitigation requested: 4c. If using stream mitigation, what is the stream temperature: (linear feet) 4d. Buffer mitigation requested (DWR only): (square feet) 4e. Riparian wetland mitigation requested: (acres) 1.25 4f. Non -riparian wetland mitigation requested: 4g. Coastal (tidal) wetland mitigation requested: (acres) 4h. Comments Mitigation to the NCDMS has been paid. (acres) 6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more information. Yes No F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? Yes No If no, explain why: The project is authorized by a NPDES Construction Stormwater General Permit NCG01000 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? * Yes No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? Yes No Comments: G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* Yes No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)?* Yes No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* Yes No 3b. If you answered "no," provide a short narrative description. This project is privately funded and will not require a cumulative impact analysis. Best management practices will be deployed through the duration of the project. The completed project is not anticipated to result in incremental adverse effects to downstream water quality. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* Yes No N/A 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* Yes No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* Yes No 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. Is another Federal agency involved?* Yes 5e. Is this a DOT project located within Division's 1-8? Yes No No Unknown 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? Yes No 5g. Does this project involve bridge maintenance or removal? Yes No 5h. Does this project involve the construction/installation of a wind turbine(s)?* Yes No 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? Yes No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? This is an extension request. The ongoing project activities have been previously reviewed and approved by the USFWS. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* Yes No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? * NOAA Fisheries Essential Fish Habitat Mapper https://www.habitat.noaa.gov/protection/efh/efhmapper 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?* Yes No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* North Carolina State Historic Preservation Office (NCHPO) HPOWEB GIS Web Service (http://gis.ncdcr.gov/hpoweb/). The ongoing project activities have been previously reviewed and approved by the SHPO. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* Yes No 8b. If yes, explain how project meets FEMA requirements: Acquired a floodplain development permit from the local floodplain administrator. 8c. What source(s) did you use to make the floodplain determination?* FEMA Map Service Center National Flood Hazard Layer Miscellaneous Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred. Click the upload button or drag and drop files here to attach document NWP 3 Extension Request Letter_20220929.pdf 8.4MB LookoutShoalsESSI_401_ApprovalLetter18-0364-04032018.pdf 1.4MB SAW-2014-00699 (signed NWP).pdf 6.92MB LookoutShoalsESSI_401_Pre_Filing.pdf 84.43KB 8_USACE_ApprovedJD_20140521.pdf 1.35MB File must be PDF or KMZ Comments On behalf of Duke Energy Carolinas, LLC (Duke Energy), HDR is submitting this Permit Extension Request for the approved Nationwide Permit 3 (NWP) Action ID No. SAW-2014-00699 (Permit) authorized on April 16, 2018, associated with the proposed Lookout Shoals Embankment Seismic Stability Improvement (ESSI) Project (Project) located in Catawba County, North Carolina. The Permit was issued under the 2017 NWP Cycle and in accordance with the current 2022 NWPs, the Permit would remain authorized provided the Project is completed within 12 months of the 2017 NWP expiration date (i.e., March 18, 2023). At this time, Duke Energy is anticipating that Project construction will not be completed prior to March 18, 2023, and therefore is formally requesting a Permit extension under the 2022 NWP Cycle. Signature By checking the box and signing below, I certify that: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I have given true, accurate, and complete information on this form; I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND I intend to electronically sign and submit the PCN form. Full Name: Eric Mularski Signature Date 12/5/2022