20230769 Ver 1_ePCN Application_20230530

DWR
Division of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
Initial Review
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:
4/24/2023
BIMS # Assigned
20230769
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Mooresville Regional Office - [phone]
Information for Initial Review
la. Name of project:
Duke Energy Oxford Hydro Station - Jetty Modification
1a. Who is the Primary Contact?*
Joseph Arcella
1b. Primary Contact Email:
[e-mail]
Date Submitted
5/30/2023
Nearest Body of Water
Catawba River (Lake Hickory below elevation 935)
Basin
Catawba
Water Classification
WS-V. B
Site Coordinates
Latitude:
35.819284
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Catawba
Is this a NCDMS Project
Yes No
Longitude:
-81.193141
Version#*
1
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Andrew Pitner:[e-mail]
1c. Primary Contact Phone: *
[phone]
a
Is this project a public transportation project?*
Yes No

1a.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
1b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
none
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
39 - Commercial/Institutional Developments
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
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1h. 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
401 Water Quality Certification - Express
Riparian Buffer Authorization
1d. Who is applying forthe 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 Carolinas, LLC
2b. Deed book and page no.:
Deed Book 0054; Deed Page 0638
2c. Contact Person:
Ped Vang
2d.Address
Street Address
257 Duke Lane
Address Line 2
City State / Province / Region
Stanley North Carolina
Postal / Zip Code Country
28164 USA
Yes No
Yes No

2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
James Cutler
4b. Business Name:
WSP USA Environment & Infrastructure Inc.
4c.Address
Street Address
4021 Stirrup Creek Drive
Address Line 2
Suite 100
city
Durham
Postal / Zip Code
27703
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
N/A
1c. Nearest municipality / town:
Taylorsville Beach
2. Project Identification
2a. Property Identification Number:
373512877132
2c. Project Address
Street Address
6875 N. NC16 (Highway)
Address Line 2
City
Conover
Postal / Zip Code
28613
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Catawba River (Lake Hickory below elevation 935)
3b. Water Resources Classification of nearest receiving water:
WS-V, B
3c. What river basin(s) is your project located in?
Catawba
3d. Please provide the 12-digit HUC in which the project is located.
030501010904 (Lake Hickory - Catawba River)
4. Project Description and History
2f. Fax Number:
State / Province / Region
North Carolina
Country
USA
4e. Fax Number:
2b. Property size:
565 (Lake Hickory shoreline)
State / Province / Region
North Carolina
Country
USA
U

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 Oxford Hydro Station is located approximately 10 miles northeast of Hickory, North Carolina on the south bank of the Catawba River in Catawba County. The facility has two
generating units and the dam that runs SSE to NNW and forms Lake Hickory. Commercial operation of the facility began in 1928 and it currently has a peak power generation capacity
(winter) of 40 megawatts. The Catawba River flows through Lake Hickory and defines the boundary between Catawba County to the south and Alexander County to the north. The general
land use in the vicinity of the Oxford Hydro Station includes rural single-family residential, light commercial, improved pasture, row crops, and mature woodland. Plant communities that
abut the project site include pine forest and mixed pine -hardwood forest. The overstory is comprised of Virginia pine, loblolly pine, red maple, American beech, and white oak.
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:
No wetlands within project; only open waters (Lake Hickory)
4g. List the total estimated linear feet of all existing streams on the property:
No streams within project; only open waters (Lake Hickory)
4h. Explain the purpose of the proposed project: *
The purpose of the proposed project is to enlarge the existing jetty that primarily functions as the transfer point from land to barges for stop logs, equipment, and materials used for
maintaining and/or repairing the Oxford Hydro Station Dam. The enlarged footprint will include three Vertical Storage Rack (VSR) pads as well as a set location for a large crane to operate
from.
The enlarged jetty will increase efficiency of ongoing dam maintenance in addition to serving as a critical transfer point for materials, equipment, and stop logs needed throughout the
Oxford Hydro Station Life Extension project. This project will provide essential repairs to the dam structure necessary to extend the facilities life by an additional 40 years.
It is noted that there are active gates in place that are used to control the water levels; as such, the stop logs are utilized to facilitate downstream repairs/maintenance including, but not
limited to, work on the gates and piers.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The proposed permanent impact to Lake Hickory (jurisdictional open waters) is associated with the enlargement of the existing gravel jetty at the shoreline of Lake Hickory and extending
into lake open waters. Three Vertical Storage Rack (VSR) pads and a crane pad will be constructed on the gravel pad and the extended jetty will be confined by permanent sheet pile
walls. The large crane that will operate from the gravel pad will retrieve stop logs from delivery trucks. Stop logs that are stored on the VSRs will be placed on barges via the crane. The
barges will transport the stop logs to the dam for the necessary maintenance or repairs. The crane will require a maximum 80-foot boom radius for operations; i.e., for the afore -mentioned
retrieval and delivery of the stop logs. For safe and efficient operation of the crane, a total of ten (10) trees from the abutting forested upland will need to be cut down; however, no de -
stumping will occur. The equipment that will be used to construct the gravel pads will include traditional grading equipment (backhoes, dozers, dump and/or pan trucks, compaction rollers)
and sheet pile installation equipment.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No
Comments:
No wetlands or streams occur within project area
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?*
Yes No
O Unknown
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?
No other USAGE permits have been used, or are intended to be used, to authorize the proposed project.
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
4. Open Water Impacts
4a. Site #
4a1. Impact Reason
4b. Impact type
4c. Name of waterbody
4d. Activity type
4e. Waterbody type
4f. Impact area
Jetty
Jetty Enlargement
P
Lake Hickory ii
Fill
Lake
0.11

4g. Total temporary open water Impacts:
0.00
4g. Total permanent open water impacts:
0.11
4g. Total open water impacts:
0.11
4h. Comments:
The proposed permanent impact of 0.11 acre (4959 square feet) to jurisdictional open waters (Lake Hickory) is associated with the enlargement of the
existing gravel jetty at the shoreline of Lake Hickory and extending into lake open waters.
6. Buffer Impacts (for DWR)
6a. Project is in which protect basin(s)?
Check all that apply.
Neuse Tar -Pamlico
Catawba Randleman
Goose Creek Jordan Lake
Other
6b. Impact Type
6c. Per or Temp
6d. Stream name
6e. Buffer mitigation required?
6f. Zone 1 impact
6g. Zone 2 impact
Allowable upon Authorization
P
Catawba River
No
2,500
0
6h. Total buffer impacts:
Zone 1 Zone 2
Total Temporary impacts: 0.00 0.00
Zone 1
Zone 2
Total Permanent impacts: 2,500.00
0.00
Zone 1
Zone 2
Total combined buffer impacts: 2,500.00
0.00
61. Comments:
The large crane that will be erected on the enlarged gravel pad jetty will require a maximum 80-foot boom radius for operations; i.e., for the retrieval
(from trucks) and transport (to barges) of stop logs. For safe and efficient operation of the crane, a total of ten (10) trees from the abutting forested
upland will need to be cut down; however, no de -stumping will occur. With regards to the Catawba River Basin Buffer Rule (15A NCAC 02B .0614) and
the Table of Uses, the proposed action would be Allowable Upon Authorization; i.e., dam maintenance activities that do cause additional riparian buffer
disturbance beyond the footprint of the existing dam.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The location of the project site incorporates an existing jetty and is adjacent to an existing recreational boat launch. This location was selected to both
minimize disturbance in the water way and the trees within the riparian buffer zone. In designing the project, the intent was to position the majority of the
gravel pad (footprint) landward of the lake waters/shoreline and upstream of the recreational boat launch location. The project design does not include
the construction of new roadway or causeway. Finally, the proposed construction will utilize sheet piles which will minimize the amount of fill material that
will be placed below the ordinary high water level (OHWL).
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The VSR Pad and Grading Erosion & Sediment Control Design incorporates measures to avoid or minimize impacts to downstream water quality. The
proposed construction will utilize sheet piles which will minimize the amount of fill material that will be placed below the ordinary high water level
(OHWL). Furthermore, as the sheet piles are vertical, there will be no fill slope extending into the water from the proposed pad elevation down to the lake
bottom.
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 proposed impact from project construction will be limited to open waters (Lake Hickory). No impacts to jurisdictional wetlands or streams will occur.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
O
8
1. Diffuse Flow Plan

1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No
What type of SCM are you providing?
Level Spreader
Vegetated Conveyance (lower SHWT)
Wetland Swale (higher SHWT)
Other SCM that removes minimum 30 % nitrogen
Proposed project will not create concentrated stormwater flow through the buffer
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:
The proposed project is small in size; i.e., the work area at the jetty, which will be enlarged, will be slightly more than one acre in size. No buildings will be constructed under the proposed
action. Furthermore, the work area is an existing jetty with an existing gravel road that provides access to the jetty.
G. Supplementary Information
1. Environmental Documentation
1a. 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 will singularly entail the enlargement of the existing jetty that primarily functions as the transfer point from land to barges for stop
logs, equipment, and materials used for maintaining and/or repairing the Oxford Hydro Station Dam. No buildings, access roads, or other structures will
be constructed beyond the proposed project components as described in this ePCN form. No impacts to waters of the US will be made beyond the
proposed open water impacts (Lake Hickory) as described in this ePCN form.
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 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
L

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?
Completed threatened and endangered species database queries with USFWS (including Designated Critical Habitat) and NC Natural Heritage Program
(NCNHP) on March 30, 2023.
USFWS IPaC (Asheville) Project Code: 2023-0062852; NCNHP: NCNHDE-21465. USFWS and NCNHP letter responses are included herein (see PDF
document attachments).
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 online website Essential Fish Habitat 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? *
The WSP licensed archaeologist consulted the HPOWEB maintained by the NCHPO, and the data inventory and library housed at the NCOSA in
Raleigh, North Carolina. The WSP Cultural Resource Literature and Records Review report is attached to this ePCN.
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:
The proposed action will require a Floodplain Development Permit from Catawba County, as the portion of the project work area that occurs within Lake
Hickory encompasses the 100-year floodplain. Unlike a project on a flowing river, the floodplain level at this site is controlled by the dam and a hydraulic
analysis is not required to demonstrate a "No -Rise" condition. While the proposed project will protrude into the lake, the lake level will not be affected
due to any obstruction or constriction because there is no flow, only ponded water.
8c. What source(s) did you use to make the floodplain determination? *
FEMA Flood Map Service Center (online website). The flood map number is 3710374600K, effective on 12/18/2007. The mapped Regulatory Floodway
is Zone AE (area inundated by the Base Flood with Base Flood Elevations determined). Zone AE is essentially conterminous with the Lake Hickory
shoreline in the general area of the proposed project site.
Miscellaneous
O
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
ePCN Combined Attachments.pdf
File must be PDF or KMZ
10.38MB
Comments
Please see the attached PDF documents (combined documents, including cover letter and list of attachments) which have been uploaded to support this ePCN application submittal
package.
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:
James Cutler
Signature
0,191"W G'IZ29lc
O

Date
5/30/2023