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