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HomeMy WebLinkAbout20160028 Ver 1_401 Application_20160116DUKE �C> ENERGY December 29, 2015 001-91133 40I/Buffer Permitting Unit Attn: Karen Higgins 1617 Mail Service Center Raleigh, NC 27699-1617 JAN 0 5 2016 H.F. Lee Energy Complex Duke Energy Progress 1199 Black Jack Church Road Goldsboro, N.C. 27530 Subject: Duke Energy Progress H. F. Lee Energy Complex Bank Stabilization PCN Dear Ms. Higgins: Enclosed please find a preconstruction notification, (original and three copies) and cover letter seeking authorization from the Corps and NCDWR for proposed work to stabilize an area of erosion on our site. The payment for the application fee was made by our accounts payable to the NC Division of Water Resources Washington Regional office. Our payment no. 1000022793 in the amount of $240. made on December 22, 2015. I apologize for the check not being included with the application. Please let me know if there's anything further I need to provide, or if there are any questions. I can be contacted at (919)-722-6551 or at Mike.Graham2@Duke-Energy.com. Respectfully submitted, Mike Graham Station Environmental Field Support Cc: Mr. Jeff Harbour Environmental Services, Inc. 4901 Trademark Drive Raleigh, NC 27610 Plant Environmental Files Ricky Miller Steve Cahoon . , H.F. Lee Energy Complex Duke Energy Progress `� ENERGY Goldsboro, N.C. 27530 1199 Black Jack Church Road A Mr. Gary Beecher Washington Regional Office Corps of Engineers 2407 West Fifth Street Washington, NC 27889 Mr. Anthony Scarbraugh Division of Water Resources NC Department of Environmental Quality 943 Washington Square Mall Washington, NC27889 2 0 1 6 0 0 2 8 Subject: Duke Energy Progress Lee Energy Complex Bank Stabilization Projects Dear Messrs. Beecher and Scarbraugh: JAN 051016 Duke Energy Progress (DEP) has identified the need to address ongoing erosion at two locations within the Lee Energy Complex near Goldsboro, NC (Figure 1). DEP retained Environmental Services Inc. (ESI) and Stocks Engineering (Stocks) to evaluate these areas, propose stabilization solutions, and to determine environmental permitting requirements. Because of permitting and scheduling considerations, DEP is planning to begin repair on one site (Site 2) as soon as possible after permit issuance, and initiate work on Site 1 after the first of the year and upon permit issuance. Mr. Beecher of the Army Corps has previously reviewed both sites with Mr. Bryson of ESI and Mike Graham of DEP. The first site (S1) is an unnamed stormwater channel that drains surface runoff from adjacent mainly vegetated areas and also a stormwater ditch adjacent to a paved plant road. ESI has submitted a strpam call request for this channel to NCDWR (on Nov. 30, 2015, via email) and proposes to defer scheduling this project until the stream call and necessary permitting are completed. We anticipate that this will be in early 2016. The second site (S2) is smaller, and involves stabilizing a channel below a culvert passing under an unpaved plant road. Additionally, the side slope of the road bed has been impacted by flow from the road bed and is compromising the integrity of the road and the culvert under the road. Stabilization here was determined to be straightforward. The existing side slope of the road is too steep to be stabilized well with vegetation, so lining it with rip rap is being suggested. Similarly, a rip rap splash/diffusion area below the culvert was determined to be appropriate. Both were sized to be as small as possible, while ensuring effectiveness. The stabilization proposed at S2, and being requested with this PCN submittal, is believed to be consistent with the conditions of Nationwide Permit No. 13, and the corresponding DWR GC No. 3885. It also appears to be "Allowable" under the Neuse buffer rules. DEP has enclosed a preconstruction notification, seeking authorization from the Corps and DWR for this proposed work and an application fee of $240 made payable to NCDEQ-Division of Water Resources. If there are any questions, please contact either Buzz Bryson (919-815-8243 or buzzb1949@gmail.com) or Jeff Harbour (919-212-1760 or 919-805-4208 or iharbour@esinc.cc). Very truly yours, Rick Grant Station Manager Cc: Plant Environmental Files Ricky Miller Steve Cahoon Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 A. Pre -Construction Notification (PCN) Form Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ❑X Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 13 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? ❑ Yes ❑X No 1d. Type(s) of approval sought from the DWQ (check all that apply): ❑X 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express © Riparian Buffer Authorization le. Is this notification solely for the recordFor because written approval is not required? the record only for DWQ 401 Certification: ❑ 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 ❑X No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 In below. ❑ Yes ❑X No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ❑X No 2. Project Information 2a. Name of project: Lee Energy Complex Erosion Stabilization Project 2b. County: Wayne 2c. Nearest municipality / town: Goldsboro 2d. Subdivision name: n/a 2e. NCDOT only, T.I.P. or state project no: n/a 3. Owner Information 3a. Name(s) on Recorded Deed: Carolina Power & Light Company d/b/a Progress Energy Carolinas 3b. Deed Book and Page No. Book 1453, Page 229 3c. Responsible Party (for LLC if applicable): n/a 3d. Street address: 1199 Blackjack Church Road 3e. City, state, zip: Goldsboro, NC 27530 3f. Telephone no.: 919-722-6450 3g. Fax no.: 919-722-6425 3h. Email address: Rick.Grant@duke-energy.com Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑X Agent ❑ Other, specify: 4b. Name: Rick Grant 4c. Business name (if applicable): Duke Energy Progress, LLC 4d. Street address: 1199 Blackjack Church Road 4e. City, state, zip: Goldsboro, NC 27530 4f. Telephone no.: 919-722-6450 4g. Fax no.: 919-722-6425 4h. Email address: rick.grant@duke-energy.com 5. Agent/Consultant Information (if applicable) 5a. Name: William T. (Buzz) Bryson 5b. Business name (if applicable): Environmental Services Inc 5c. Street address: 4901 Trademark Drive 5d. City, state, zip: Raleigh, NC 27610 5e. Telephone no.: 919-815-8243 (cell) or 919-212-1760 (Office) 5f. Fax no.: 919-212-1707 5g. Email address: wbryson@nc.rr.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 2579623548 1 b. Site coordinates (in decimal degrees): Latitude: 35.3729 Longitude: -78.0881 1c. Property size: 2,119 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Neuse River 2b. Water Quality Classification of nearest receiving water: WS -IV NSW 2c. River basin: Neuse 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 contains electric generation units and associated facilities. Area surrounding the plant is predominantly agricultural and residential. 3b. List the total estimated acreage of all existing wetlands on the property: 100 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: The proposed work is to stabilize the banks and bottom of channel at end of a large culvert under a plant access road. 3e. Describe the overall project in detail, including the type of equipment to be used: Rip -rap stone will be used to stabilize the banks and the culvert in accordance with currently approved NCDOT-methods with typical equipment. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (includingall riot phases)in the past? ❑X Yes ❑ No ❑ Unknown Comments: Determinations made in previous years 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: ESI Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. Gary Beecher of the Corps visited the site on August 25, 2015 and reviewed the area proposed for repair 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑X Yes ❑ No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. Some prior permitting has occurred for the plant facility itself over the years. This proposal is to stabilize a washed out culvert on plant access road. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ❑X 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 ❑X Streams — tributaries ❑X 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 - Choose one Choose one Yes/No - W2 - Choose one Choose one Yes/No - W3 - Choose one Choose one Yes/No - W4 - Choose one Choose one Yes/No - W5 - Choose one Choose one Yes/No - W6 - Choose one Choose one Yes/No - 2g. Total Wetland Impacts: 2h. Comments: 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 P Stabilization Unnamed Trib PER Corps 20 30 S2 - Choose one - - S3 - Choose one - - S4 - Choose,one - - S5 - Choose one - - S6 - Choose one - - 3h. Total stream and tributary impacts 20 3i. Comments: Work at stream channel labeled S2 on attachments consists of stabilization of channel and road crossing side slopes by placement of riprap. 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 indivi ually 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 Choose one Choose 02 - Choose one Choose 03 - Choose one Choose 04 - Choose one Choose 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. 5d. Wetland Impacts (acres) Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. 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 vou MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑X Neuse ❑ Tar -Pamlico ❑ Catawba ❑ 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 131 P Bank stabilization Unnamed Tributary Yes/No 247 B2 Yes/No B3 Yes/No B4 Yes/No B5 - Yes/No B6 _ Yes/No 6h. Total Buffer Impacts: 247 6i. Comments: Impact will result from shaping the area prior to placing fabric and rip -rap. Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Site S2 is shown on a soil survey map, but not shown on USGS topo maps. Proposed stabilization will be limited to the currently impacted area. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Existing slopes impacted by erosion will be graded, and covered in Class B riprap. 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 ❑X 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 project? ❑ Mitigation bank El 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: Choose one Type: Choose one Type: Choose one 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: Choose one 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 ❑X Yes ❑ No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. There is no increase in impervious surface, nor change in flow patterns at the site. ❑ Yes ❑X No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? oda 2b. Does this project require a Stormwater Management Plan? ❑ Yes ❑X No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Stormwater at this site is under the county's control. Wayne County has determined that no stormwater plan is required. 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 localgovernment's jurisdiction is thisproject? Wayne County ❑ 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 ElCoastal counties ❑HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ORW (check all that apply): ❑Session 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) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ❑X No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. 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 Yes E] No letter.) 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, E] Yes ❑X No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? El Yes ❑X 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 El Yes ❑X 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. NA Page 9 of 10 PCN Form — Version 1.4 January 2009 S. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑x Yes ❑ No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ❑X No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Bald eagle and RCW are species listed for Wayne County. Neuse River may provide foraging and perching habitat for bald eagle; however no evidence of this has been observed by ESI staff during other project work on this property. The project will also not affect any RCW habitat 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes © No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? http://oman.floddamarine.org/efh—coraVimstviemr.htm 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 E] Yes ❑X No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? North Carolina Department of Cultural Resources State Historic Preservation office 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain? ❑X Yes ❑ No 8b. If yes, explain how project meets FEMA requirements: No change in contours, flow patterns or impervious surface (beyond de minimus amount) is proposed. 8c. What source(s) did you use to make the floodplain determination? NC Flood Maps Rick Grant Applicant/Agent's Printed Name Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant isprovided.) Page 10 of 10