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
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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
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PROJECT: DUKE ENERGY
JOB NUMBER: 15.146
DATE: 2/24/2015
SHEET: S -2
SECTIONS
SCALE VARIES