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HomeMy WebLinkAbout20150486 Ver 1_401 Application_20150515April 22, 2015 Mr. John Thomas Raleigh Regulatory Field Office US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Ms. Sue Homewood WSRO NC DENR Division of Water Resources 585 Waughtown Street Winston- Salem, NC 7107 RECEIVED ^" N.0 Dept of ENR MAY 0 1 2015 WINSTON -SALEM REGIONAL OFFICE 2050 Northpoint Drive • Suite A Winston - Salem, NC 27106 Phone: (336) 896 -1300 Fax: (336) 896 -1020 geosci@geotec.com www.geotec com • J EM Y 1 4 2015 nFNR - WAi L t?E5CSUitCE5 Reference: Pre - Construction Notification (PCN) and Application for Nationwide #13 Permit for a Duke Energy Project on Silas Creek Parkway in Winston Salem, NC. Mr. Thomas and Ms. Homewood: Geoscience & Technology, P.A. (GeoSci), on behalf of Duke Energy and Cole Land & Timber, LLC, is pleased to submit this application for a Nationwide #13 Permit for activities related to mitigation of erosion near a Duke Energy power line transmission tower adjacent to Salem Creek in Winston Salem, NC. This document contains explanatory text in support of various sections of the PCN. Text below is numbered according to the corresponding section of the PCN form. CPrtinn R Id Duke Energy, Forsyth County, NC 404/40 1. PC N April 201 Note: Please refer to attached Drawing Sheets S- I and -2 for project location and details Stormwater discharge from the properties noted in 3B.la of the PCN has eroded a deep cut in the former municipal landfill adjacent to a metal Duke Energy power line transmission tower The erosion feature has exposed and is threatening the integrity of the tower base. The erosion has created a cut through the bank of Salem Creek that is approximately four feet wide Q ?Otll n R 2a Note: Please refer to attached Drawing Sheets S -I and -2 for project location and details. The proposed project includes- t) redirecting the stormwater flow via a new 24 -inch RCP beginning at the discharge of an existing 15 -inch RCP away from the base of the tower (Sheet S- I and S -2, Detail 3); 2) to mitigate further erosion of the stream bank, the discharge from the new RCP will be directed onto a 12' X 6' X 12" (Yabion mattress and then onto a 1'- 3" thick Class l Riprap apron placed on Terra -Tex No. 4 Filter Fabric (Sheet S -2, Detail 1), and, 3) the erosion feature will be filled by placing a wall of gabions behind the existing remnant of the stream bank and backfilling the gully with clean fill (Sheet S -2, Detail 2). No discharge of fill or dredging in the stream is proposed by this project. The stream bank contours in the project area will be restored to match the adjacent contours. Equipment used in this project will include trackhoes, frontend loaders, dump trucks, compactors, and various hand tools The project is expected to take two to three weeks to complete depending upon weather conditions. There are no proposed impacts to the stream. All excavation and backfilling is within the stream bank and upgradient areas. After backfilling the existing erosion, the contours of the stream bank in the erosion feature will be restored to adjacent existing contours. Please note that the existing contours of the project area were determined at the time of closure of the municipal landfill at this site and by the construction of the power transmission right of way. Duke Energy. Forsyth County, NC April 201 5 40-4/401 , PC N Section D la and I As noted above and in the PCN form there are no proposed impacts to the stream and there are no wetlands within the project area; therefore, impact justification and minimization are not relevant All efforts will be made to prevent any sediment from reaching the stream throughout the course of this project. Section E?c. Based on the expected disturbed area being less than I -acre a stormwater management plan will not be required; LkIatthew Gantt with the Land Quality Division of NC Department of Natural Resources confirmed this. Sincerely, GEOSCIENCE & TECHNOLOGY, P.A. Peter H. DeVries Project 0 ist\\` arfivo nbFtt,' ,R - 61, j Senior Civil Engrg 7jj ear v:\ Duke Energy, Forsyth County, NC April 2015 404/40 1 , PC N n 2 0 1 5 0 4 86 Office Use Only Corps action ID no DWQ protect no Form Version 1 4 January 2009 Page 1 of 10 PCN Form — Version 1 4 January 2009 Pre - Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a Type(s) of approval sought from the Corps ❑✓ Section 404 Permit ❑ Section 10 Permit 1 b Specify Nationwide Permit (NWP) number NWP #13 or General Permit (GP) number 1c Has the NWP or GP number been verified by the Corps? ❑✓ Yes ❑ No 1d Type(s) of approval sought from the DWQ (check all that apply) ✓ 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1e Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Ce, ification Yes No For the record only for Corps Permit ❑ Yes ✓❑ 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 ❑✓ No 1g Is the protect located in any of NC's twenty coastal counties If yes, answer 1h below ❑ Yes ❑✓ No 1h Is the protect located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ❑✓ No 2. Project Information 2a Name of protect Duke Energy Erosion Mitigation, Salem Creek 2b County Forsyth 2c Nearest municipality / town Winston Salem 2d Subdivision name NA MAY 1 4 2015 2e NCDOT only, T I P or state protect no 3. Owner Owner Information vvHlt t Goi a eu�F�,� Prr,ft,fx cis 3a Name(s) on Recorded Deed Duke Energy (contact Ernie Mitchell) 3b Deed Book and Page No Easements 3128/2718 and 3099/1601 3c Responsible Party (for LLC if applicable) Duke Energy 3d Street address 2500 Fairfax Road 3e City, state, zip Greensboro, NC 27407 3f Telephone no 336- 706 -1495 3g Fax no 3h Email address Ernest Mitchell @duke- energycom Page 1 of 10 PCN Form — Version 1 4 January 2009 4. Applicant Information (if different from owner) 4a Applicant is Agent ❑ Other, specify 4b Name 4c Business name (if applicable) 4d Street address 4e City, state, zip 4f Telephone no 4g Fax no 4h Email address 5. Agent/Consultant Information (if applicable) 5a Name Carl von Isenburg, RE 5b Business name (if applicable) Geosaence & Technology, P A 5c Street address 2050 Northpoint Dr 5d City, state, zip Winston Salem, NC 27106 5e Telephone no 336 896 1300 5f Fax no 336 896 1020 5g Email address cvi @geotec com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a Property Identification no (tax PIN or parcel ID) 6824 -66 -6284 00 & 6824 -66 -4170 00 lb Site coordinates (in decimal degrees) Latitude 36 0683780 Longitude 80 2652925 1c Property size 154&221 acres 2. Surface Waters 2a Name of nearest body of water to proposed project Salem Creek 2b Water Quality Classification of nearest receiving water C 2c River basin Yadkin -Pee Dee 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 The site is a closed municipal landfill Duke Energy power transmission lines traverse the two properties for which Duek has easements Erosion resulting from stormwater runoff from the adjacent parking lots has compromised the base of one of the steel transmission towers owned by Duke 3b List the total estimated acreage of all existing wetlands on the property None 3c List the total estimated linear feet of all existing streams (Intermittent and perennial) on the property 3d Explain the purpose of the proposed project See attached text 3e Describe the overall project in detail, Including the type of equipment to be used See attahced text and drawings 4. Jurisdictional Determinations 4a Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past'? ❑ Yes ❑✓ No ❑ Unknown Comments 4b If the Corps made the jurisdictional determination, what type of determination was made? ❑ Preliminary ❑ Final 4c If yes, who delineated the jurisdictional areas? Name (If known) Agency /Consultant Company Other 4d If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation 5. Project History 5a Have permits or certifications been requested or obtained for this project (including all prior phases) In the past? ❑Yes ✓ No ❑Unknown 5b If yes, explain in detail according to "help file" instructions 6. Future Project Plans 6a Is this a phased project? ❑ Yes ❑✓ No 6b If yes, explain Page 3 of 10 PCN Form — Version 1 4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a Which sections were completed below for your project (check all that apply) ❑ Wetlands 7-/ Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted 2a Wetland impact number Permanent (P) or Temporary T 2b Type of impact 2c Type of wetland 2d Forested 2e Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f Area of impact (acres) W1 W2 W3 W4 W5 W6 2g Total Wetland Impacts: 2h Comments There are no wetlands within the proposed project area, therefore there are no anticipated impacts 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted 3a Stream impact number Permanent (P) or Temporary (T) 3b Type of impact 3c Stream name 3d Perennial (PER) or intermittent (INT)? 3e Type of jurisdiction 3f Average stream width (feet) 3g Impact length (linear feet) S1 T Stabilization Salem Creek PER S2 S3 S4 S5 S6 3h Total stream and tributary impacts o2� 31 Comments Page 4 of 10 PCN Form — Version 1 4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U S then individually list all open water impacts below 4a Open water impact number Permanent (P) or Temporary T 4b Name of waterbody (if applicable 4c Type of impact 4d Waterbody type 4e Area of impact (acres) 01 02 03 04 4f Total open water impacts 4g Comments 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below 5a Pond ID number 5b Proposed use or purpose of pond 5c Wetland Impacts (acres) 5d Stream Impacts (feet) 5e Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 P2 5f Total: 5g Comments 5h Is a dam high hazard permit required? Yes No If yes, permit ID no 51 Expected pond surface area (acres) 51 Size of pond watershed (acres) 5k Method of construction 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below If yes, then individually list all buffer impacts below If any impacts require mitigation, then you MUST fill out Section D of this form 6a. Project is in which protected basin? E] Neuse ❑ Tar - Pamlico Catawba f_� Randleman [] Other 6b Buffer Impact number — Permanent (P) or Temporary T 6c Reason for impact 6d Stream name 6e Buffer mitigation required? 6f Zone 1 impact (square feet ) 6g Zone 2 impact (square feet B1 B2 B3 B4 B5 B6 6h Total Buffer Impacts: 61 Comments Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a Specifically describe measures taken to avoid or minimize the proposed impacts in designing project See attached text 1b Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques See attahced text 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 7-/ No 2b If yes, mitigation is required by (check all that apply) ❑ DWQ ❑ Corps 2c If yes, which mitigation option will be used for this projects ❑ Mitigation bank Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a Name of Mitigation Bank 3b Credits Purchased (attach receipt and letter) Type Type Type Quantity Quantity Quantity 3c Comments 4. Complete if Making a Payment to In -lieu Fee Program 4a Approval letter from in -lieu fee program is attached ❑ Yes 4b Stream mitigation requested linear feet 4c If using stream mitigation, stream temperature 4d Buffer mitigation requested (DWQ only) square feet 4e Riparian wetland mitigation requested acres 4f Non - riparian wetland mitigation requested acres 4g Coastal (tidal) wetland mitigation requested acres 4h Comments 5. Complete if Using a Permittee Responsible Mitigation Plan 5a If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan Page 6 of 10 PCN Form — Version 1 4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? Yes No 6b If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation Calculate the amount of mitigation required Zone 6c Reason for impact 6d Total impact (square feet) Multiplier 6e Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1 5 6f Total buffer mitigation required: 6g If buffer mitigation is required, discuss what type of mitigation is proposed (e g , payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund) 6h Comments Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ❑✓ No within one of the NC Riparian Buffer Protection Rules? 1b If yes, then is a diffuse flow plan included? If no, explain why ❑ Yes ❑ No 2. Stormwater Management Plan 2a What is the overall percent imperviousness of this project? 0 2b Does this project require a Stormwater Management Plan? ❑ Yes ❑✓ No 2c If this project DOES NOT require a Stormwater Management Plan, explain why See attached text 2d If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan 2e Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 3a In which local government's jurisdiction is this project? City of Winston Salem ❑ Phase II ❑ NSW 3b Which of the following locally - implemented 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 ❑ No attached? 4. DWQ Stormwater Program Review ❑Coastal counties ❑HQW 4a Which of the following state - implemented stormwater management programs apply ORW (check all that apply) HSession Law 2006 -246 ❑Other 4b Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ 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? ❑ Yes ❑ No Page 8 of 10 PCN Form — Version 1 4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) la Does the project involve an expenditure of public (federal /state /local) funds or the ❑ Yes 7./ No use of public (federal /state) land? lb If you answered 'yes" to the above, does the protect require preparation of an environmental document pursuant to the requirements of the National or State ❑Yes .71 No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 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 letter ) ❑ Yes ❑ No Comments 2. Violations (DWQ Requirement) 2a Is the site in violation of DWQ Wetland Rules (15A NCAC 2H 0500), Isolated Wetland Rules (15A NCAC 2H 1300), DWQ Surface Water or Wetland Standards, ❑Yes 7./ No or Riparian Buffer Rules (15A NCAC 2B 0200)? 2b Is this an after - the -fact permit application? ❑Yes ❑✓ 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 ✓ No additional development, which could impact nearby downstream water quality 3b If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy If you answered "no," provide a short narrative description 4. Sewage Disposal (DWQ Requirement) 4a Clearly detail the ultimate treatment methods and disposition (non - discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility No wastewater will be generated by this project Page 9 of 10 PCN Form — Version 1 4 January 2009 j b. Endangered Species and Designated Critical Habitat (Corps Requirement) 53 v'Pll 'his orojeCt oCCur in Jr rear 3r area with federaliy orotected soecies or ' •Yes i✓i :No 5o Have jot, crecKea 'Min the t;SF°NS concerning Endangered Soectes fact -'1 impacts' C 7's ✓; No 5c If yes indicate :he USF'i',S Field Office you have :cntacted 5d V'rrat data sources did you use to determine vvrether your site would imoact Endangered Species or Desigrated Critical i Habitat) ; USr NS wet)Ve Tlis project seeks only to restore an erosionai reature .n a closed municioat iandfid io the suroounding area comotrr; • I S. Essential Fish Habitat (Corps Requirement) 6a VIAl this project occur in or near an area designated as essential fish habitat? (j Yes No 6b What data sources did you use to determine whether your site would impact Essential Fish Habitat? This project will not affect any surface waters j 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a Will this project occur in or near an area that the state, federal or tribal I governments have designated as having historic or cultural preservation ( Yes No f status (e.g , National Historic Trust designation or properties significant it LJ Nor' h Carolina history and archaeology,? t + 7b What data sources did you use to determine whether your site would Impact historic or archeological resources? i This project Seeks only to fill and restore an erosional feature in a closed music :pal landfill to the suroounding area contours i } i 8. Flood Zone Designation (Corps Requirement) j E 8a Will this project occur in a FEMA- designated 100 -year floodplain? ; ❑✓ Yes ❑ No 18b If yes• explain, how project meets FEMA requirements � } This project seeks only to fill and restore an erosional feature ,n a closed municioai lardf ll to 'he suroounding area contours i I i i 8c What scurce(s) did you use to make the floodplain determination'' } FEMA Flood Map 93710582400) i Applicant/Agent's Printed Name I Applicant/Agent's Signature Date } I (Agent's signature ,s valid only if an authorization letter from the apoitcant is provided 1 Page 1 C of 1 C \ \oW11111111Iry�� a 'n p LO � d � I ^ I �+ W N II Lfi 00£I 9C,8 (9£ti) DC\t`walr,S- uotsulM �O `P ��i ��� �N �VV3��J- NOlSNIM z \ '' I z t ', W W „ruaun /qp /nniaunmu,vid \ �! riol.t �'O• O'j' ,. W \ W 1+,Fmiaan,Fug pniJ Enid„ Q per: •'(r 6� z p FLI A (� J� J 2� 3 N 3 3 �I f 1 a o W" I— Q V. e ilo91 is7 -, � Q o '��� `2AOVgl1 'S ONV-1 3-100 6:) F (n --� Cam._ r o �� 1 , ENG�NG\��� W -' m F W W W cam, t GE w �OS�\ \� \'�� °� o t=ii y co 1 (D U- I,� O Z 0 \ \��yllllllli /i / y� Q x w LU S \\ P O U U Q - tr ly Z Z o a CL = t,: cn f- O W cn w c, j LU Q � U U w w0 IWi LL �v ccQ LL10� J ZZ Q G mw< J J w0 lL Ab pNb 7N�0 W Z �� J U D Q Q J H m F p s -��W 2 S wU - U) Q z U) Q � z C) U ~g w w 5< F- z EL 0 z zZ U 0O w _j C) C7 CD 0 �a CL 0 Quo w wm aw w Qi Z !L' a < N co !Z U 0 \\ z o CM0 \ 0 J �. Q p x U) CL x M U � � �� a 0 \� X Q CL z z U w \ w X w (1� N w Z 1� 2� �d ,--^� NEW 24" RCP NEW 12'x6'x12" GAB MATTRE CROSS SECTION OF EROSION CONTROL SCALE: 1:50 3'xq'x6' GAB IONS, TYP APPROXIMATE LIMIT OF EROSION FILL TO MEET EXISTING GRADE ON EACH SIDE CROSS SECTION OF GABION WALL SCALE: 1:50 O 00 c-+ ' y z MAY 14 015 � ®ww DENR - WAS 401 & BUF' ? P :l F dC 3 \ \ CIAI;;;;�����i // 95% optimum dry density O •'��ENS�O .!Ly as shown by a Standard ?. d RIPRAP ON H Proctor Test ' M :m SEAL 75 EX No 4 FILTER OR EQUAL) Do = o IR C -1179 2 � 9 30"+/- Do (m') •. 9jN� cope: ° Haunch. 100% optimum dry density as shown by REVISIONS — 91N. ------- -- ----------- ' a Standard Proctor Test i Bedding J / Do /3 Outer bedding material—/ \—Middle bedding loosley placed and compaction, same Foundation uncompacted bedding requierments as haunch 0 RENCH 4 OTTOS CA INSTALLATION LE APPROX. ORIGIONAL BANK PROFILE PROXIMATE LOCATION GABION WALL STREAM BOTTOM U J —J U Z CO (D w Z < w , Z �CO J Z J O U PROJECT: DUKE ENERGY JOB NUMBER: 15.146 DATE: 2/24/2015 SHEET: S -2 SECTIONS SCALE VARIES