HomeMy WebLinkAbout20221750 Ver 1_ePCN Application_20221213DWR
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:
5/9/2022
BIMS # Assigned* Version#*
20221750 1
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Raleigh Regional Office - (919) 791-4200
Information for Initial Review
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Zachary Thomas:eadstztthomas
la. Name of project:
Duke Energy Roxboro Station Auxiliary Spillway and Dam Improvement Project
la. Who is the Primary Contact?*
Nancy Oberle
lb. Primary Contact Email:* lc. Primary Contact Phone:*
nancy.oberle@threeoaksengineering.com (919)900-6535
Date Submitted
12/13/2022
Nearest Body of Water
Hyco River
Basin
Roanoke
Water Classification
C
Site Coordinates
Latitude: Longitude:
36.523945 -78.998465
A. Processing Information
County (or Counties) where the project is located:
Person
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
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:
1f. 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
ld. 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.:
2c. Contact Person:
Lori Tollie
401 Water Quality Certification - Express
Riparian Buffer Authorization
2d. Address
Street Address
500 Utility Drive
Address Line 2
City State / Province / Region
Lewisville NC
Postal /Zip Code Country
27012 USA
Yes No
Yes No
2e. Telephone Number: 2f. Fax Number:
(336)854-4916
2g. Email Address: *
lori.tollie@duke-energy.com
4. Agent/Consultant (if applicable)
4a. Name:
Nancy Oberle
4b. Business Name:
Three Oaks Engineering
4c. Address
Street Address
324 Blackwell Street, Suite 1200
Address Line 2
City State / Province / Region
Durham NC
Postal / Zip Code Country
27701 USA
4d. Telephone Number: 4e. Fax Number:
(919)900-6535
4f. Email Address: *
nancy.oberle@threeoaksengineering.com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
lc. Nearest municipality / town:
Semora
2. Project Identification
2a. Property Identification Number:
9990-01-16-2933
2c. Project Address
Street Address
near 4700 Edwin Robertson Road
Address Line 2
City
Semora
Postal / Zip Code
27343
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
Hyco River
3b. Water Resources Classification of nearest receiving water: *
C
3c. What river basin(s) is your project located in?*
Roanoke
3d. Please provide the 12-digit HUC in which the project is located.
030101040601
4. Project Description and History
2b. Property size:
1,578
State / Province / Region
NC
Country
USA
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 proposed project is located at the Afterbay Reservoir downstream of Hyco Lake. The Hyco River flows through an existing dam spillway from the Afterbay Reservoir. The lake and
immediately downstream of the lake are mostly forested, with some agricultural and residential land uses in the vicinity.
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:
0.49
4g. List the total estimated linear feet of all existing streams on the property:
660
4h. Explain the purpose of the proposed project:*
The purpose of the proposed project is to increase the Afterbay Reservoir Dam's spillway capacity to meet regulatory requirements by adding an auxiliary spillway. In addition to the
construction of the auxiliary spillway, a rehabilitation of the existing Afterbay Dam principal spillway will be performed to address deficiencies with that structure.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The proposed project includes construction of an auxiliary spillway and rehabilitation of the exiting principal spillway of the Roxboro Afterbay Dam. There will be a soil spoils area located
near the Edwin Roberston Road and McGehees Mill Road intersection (no impacts will result from the soil spoils area). A temporary bridge over the Hyco River will be constructed to
provide access for construction vehicles to the auxiliary spillway site.
The existing Principal Spillway low level outlets, which consists of a 12-inch diameter and 30-inch diameter outlet located within the Principal Spillway piers will be abandoned by being at
least partially filled with grout. Two new 36-inch diameter low level outlets will be installed within the raised ogee crests. Sluice gates will be installed at the upstream end of the low-level
conduits and valves will be installed at the downstream end. The reservoirs minimum release is currently passed through the existing 12-inch outlet. A new 12-inch diameter outlet may be
installed for minimum release, or alternatively, minimum release will be instead passed through a partially open 36-inch valve after the rehabilitation.
Indirect impacts are not anticipated as a result of this project.
Typical construction equipment such as trucks, dozers, and backhoes will be used.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes
Comments:
No Unknown
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
6. Future Project Plans
6a. Is this a phased project?*
James Mason, PWS/ Dicky Harmon, PWS
Three Oaks Engineering/Wood (WSP)
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*
Site 2
Temporary Fill
T
Floodplain Pool
WDA
Yes
Both
0.050
(acres)
Site 2
Mechanized Clearing
T
Floodplain Pool
WDA
Yes
Both
0.080
(acres)
Site 3
Temporary Excavation
T
Floodplain Pool
WA
Yes
Both
0.030
(acres)
Site 3
Mechanized Clearing
T
Floodplain Pool
WA
Yes
Both
0.020
(acres)
2g. Total Temporary Wetland Impact
0.180
2g. Total Wetland Impact
0.180
2i. Comments:
2g. Total Permanent Wetland Impact
0.000
Site 2 temporary fill - fabric will be put down before any fill is placed. It is possible poor soils will need to be excavated (side -cast) and piles driven. Once
construction is complete, fill will be removed to fabric, fabric will be removed, the side -cast soils will be replaced, timber piles will be cut (if they were
installed), the disturbed area will be disked (if required) and returned to existing contours and elevation, and the area will be replanted with appropriate
species and plant density. Mechanized clearing areas will also be disked (if required), returned to existing elevation and contours, and replanted.
Site 3 temporary excavation - soil will be side -cast and fabric will be placed before any soil lining the basin (if required) is added. After construction is
complete, the added soil and fabric will be removed, that wetland dirt will be placed back in the original location. Both the excavated and mechanized
clearing areas will be retumed to existing elevation and contours. The disturbed areas will then be replanted with appropriate species and plant density.
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
Temporary crossing,
Stabilization and Erosion
Control Measures
Temporary
Fill
Hyco River
Perennial
Both
30
Average (feet)
246
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
0
3i. Total stream and ditch impacts:
246
3i. Total temporary stream impacts:
246
3j. Comments:
A temporary bridge will be installed, along with temporary bank stabilization. Stabilization will be removed once the bridge is removed, and banks will be
replanted/stabilized as needed. Additionally, the contractor cannot get a crane they need over on the dam and the angle is too tight at the temporary
bridge location (also at Site 2). Therefore, the plan is to also place wire -cable timber mats upstream of the temporary bridge location to allow crossing for
the crane. There is no actual fill occurring between the temporary ford and the temporary bridge, but that area is being accounted for in the event that
temporary sedimentation occurs from the fording. Please see Environmental Impact Drawings at Site 2 for details and acreages of actual in -water
impacts.
4. Open Water Impacts
4a. Site #
4a1. Impact Reason
4b. Impact type
4c. Name of waterbody
4d. Activity type
4e. Waterbodytype
4f. Impact area
Site 1
Turbidity Curtain
T
Hyco Lake
Other
Lake
0.64
Site 1
Bank Stabilization
P
Hyco Lake
Stabilization
Lake
0.01
4g. Total temporary open water Impacts:
0.64
4g. Total open water impacts:
0.65
4g. Total permanent open water impacts:
0.01
4h. Comments:
Turbidity Curtain will span 895 linear feet along shoreline to capture any sediment resulting from the construction of the labyrinth/auxiliary weir.
Bank Stabilization will span 271 linear feet along open water adjacent to the constructed auxiliary weir.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Structures and roadways have been designed to avoid and minimize wetland and stream impacts to the greatest extent practicable. The access road will
mostly utilize an existing road.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Erosion and sedimentation BMPs will be installed prior to construction. Construction has been sequenced and designed to avoid/minimize impacts by
locating temporary pump arounds away from features. Water will be diverted around the work area, as needed, to prevent sedimentation of downstream
aquatic resources. Impacts will be minimized by strict enforcement of Best Management Practices for the protection of surface waters, restrictions
against the staging of equipment in or adjacent to waters of the US and coordination with appropriate environmental staff.
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 this project DOES NOT require Compensatory Mitigation, explain why:
The project will not result in any permanent fill of any jurisdictional feature. There will be bank stabilization at Site 1 and Site 2, but the Site 2 stabilization will be removed when the
temporary bridge is removed. There are temporary fill impacts to Hyco River at Site 2, temporary fill impacts to wetlands at Site 2, temporary excavation impacts at Site 2, and mechanized
clearing impacts at Sites 2 & 3. These areas will be regraded to pre -construction elevations and contours, reseeded with approved wetland seed mixes, and live staked (if the latter is
required). Therefore, no mitigation is provided at this time. If mitigation is required, please advise.
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 proposed project site is located in the Roanoke River Basin, which is not identified by any of the NC Riparian Buffer Protection Rules.
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:
More than 1 acre of land is being disturbed and there is new built -upon area. However, no permanent impacts (other than bank stabilization within the afterbay reservoir that will result in
no loss of water) are being proposed as part of this project. Additionally, a Stormwater/Erosion Control permit/plan approval is being acquired from NCDEQ.
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.
The proposed project is the improvements to an existing dam structure and the addition of an auxiliary spillway. Given the nature of the existing land
use, it is not expected that any build out is possible at the site, nor does the project increase any chances of any build out.
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.
Raleigh
5d. Is another Federal agency involved?*
Yes No Unknown
5e. Is this a DOT project located within Division's 1-8?
Yes No
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
5g(1). If yes, have you inspected the bridge for signs of bat use such as staining, guano, bats, etc.?
Yes No
If you answered "Yes" to 5g(1), did you discover any signs of bat use?
Yes No Unknown
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes No
51. 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?
IPaC. See Self -Certification Package attached, submitted to USFWS on August 2, 2022. An additional bald eagle assessment will also be completed in
January to further confirm the lack of nests within proximity of the project.
Note: For Question 5g., there will be a temporary bridge constructed over Hyco River for the project, which will be removed at the end of the project.
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 EFH Mapper
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?*
NC Historic Preservation Office's HPOWEB 2.0 - General Audience
One property (Haywood Williams House) is near borrow/waste site. Surveyed Only.
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:
A No Rise Certification is being obtained for this project.
8c. What source(s) did you use to make the floodplain determination?*
FEMA Floodplain Map
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
2022-12-08_E nviro nm enta I I m pacts. pdf
Roxboro Afterbay Auxiliary Spillway Final Design Drawings Portfolio 04012022 With New Bridge Drawings.pdf
Roxboro Afterbay Dam Principal Spillway Rehab Final Design Drawings Portfolio 09232022.pdf
Roxboro_PJD_Package_11152022.pdf
Duke Roxboro Station_Self-Certification Package_08012022_Signed.pdf
Roxboro AGENT AUTHORIZATION FORM Sig ned. pdf
File must be PDF or KMZ
Comments
Signature
By checking the box and signing below, I certify that:
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• 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:
Nancy Oberle
Signature
Qtt
Date
12/13/2022