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HomeMy WebLinkAbout20150717 Ver 2_PCN NWP 18_48 inch cleanup area_8-31-15_201705080� \NA71 �E � I 1 � � I . I q Office Use Only: Corps action ID no. DWQ project 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: Q Section 404 Permit ❑ Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: NWP 18 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑X Yes ❑ No 1d. Type(s) of approval sought from the DWQ (check all that apply): Q 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes X❑ No For the record only for Corps Permit: ❑ Yes ❑X 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. ❑X Yes ❑ No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h below. ❑ Yes Q No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes Q No 2. Project Information 2a. Name of project: Duke Energy Carolinas, LLC - Dan River Steam Station - 48 -inch Inlet Area Clean -Up 2b. County: Rockingham 2c. Nearest municipality / town: Eden 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Duke Energy Carolinas, LLC 3b. Deed Book and Page No. Deed Book: 1411; Page Number 2100 3c. Responsible Party (for LLC if applicable): 3d. Street address: 900 S. Edgewood Road 3e. City, state, zip: Eden, NC 27288 3f. Telephone no.: (919) 546-7457 3g. Fax no.: (919) 546-4409 3h. Email address: steve.cahoon@duke-energy.com Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent Other, specify: Duke Energy Employee 4b. Name: Steve Cahoon 4c. Business name (if applicable): Duke Energy 4d. Street address: 410 S. Wilmington Street 4e. City, state, zip: Raleigh, NC 27601 4f. Telephone no.: (919) 546-7457 4g. Fax no.: (919)-546-4409 4h. Email address: steve.cahoon@duke-energy.com 5. Agent/Consultant Information (if applicable) 5a. Name: Joshua Bell, PE (Senior Water Resources Engineer) 5b. Business name (if applicable): AMEC Foster Wheeler - Environment & Infrastructure 5c. Street address: 2801 Yorkmont Road, Suite 100 5d. City, state, zip: Charlotte, NC 28208 5e. Telephone no.: (704)-517-2618 5f. Fax no.: (704)-357-8638 5g. Email address: josh.bell@amecfw.com Page 2of10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): PIN 897908886870 1 b. Site coordinates (in decimal degrees): Latitude: 36.489697 Longitude: -79.7176 1 c. Property size: 3.09 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Dan River 2b. Water Quality Classification of nearest receiving water: Dan River = C 2c. River basin: Roanoke River Basin / HUC 03010103 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 project site includes two emergent and scrub/shrub wetlands, each contain an intermittent stream channel. General land use in the project site includes: power generation facilities (buildings, parking lots, etc.), ash ponds and ash fill areas, a rail service line, maintained grassed areas, and shrub and brushland. 3b. List the total estimated acreage of all existing wetlands on the property: 0.47 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 448 3d. The Explain the purpose of the proposed project: purpose of this project is to provide for the clean-up of ash pond and the temporary impoundment of stormwater at the grouted 48 -inch CMP. 3e. Describe the overall project in detail, including the type of equipment to be used: See attachment A and the Plan View drawing for project details. See the Stormwater Diversion drawing for equipment details (pump and piping). 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (includingall prior phases)in the past? ❑ Yes ❑X 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: Amec Foster Wheeler Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. A field review of the wetland delineation with the USACE was conducted on June 9, 2015. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? El Yes X❑ No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. Note: The USACE issued NWP SAW -2014-01477 (9/29/14) for the Steam Station "36 -inch Culvert Plug" project which included impacts to WOUS. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ❑X No 6b. If yes, explain. Page 3of10 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): ❑X Wetlands ❑X 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. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of impact Type of wetland Forested Type of jurisdiction Area of number Corps (404,10) or impact Permanent (P) or DWQ (401, other) (acres) Temporary T W1 P Flooding Seep No Corps 0.285 W2 P Flooding Seep No Corps 0.122 W3 P (W1) Fill Seep No Corps 0.003 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: 0.41 2h. Comments: The NC Wetland Assessment Method (NCWAM) forms are attached. Wetland impacts will be permanent due to stormwater impoundment. Impounded water will be removed within 72 hours via pumping. Pumped flows will be discharged to the Service Water Settling Pond by way of existing piping to a proposed new stormwater outfall. A permanent fill impact of 0.003 -ac is proposed to Wetland 1 to facilitate diversion of stormwater. 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. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial (PER) or Type of Average Impact number intermittent (INT)? jurisdiction stream length Permanent (P) or width (linear Temporary (T) (feet) feet) S1 P Flooding UT Dan River INT Corps 2 219 S2 P Flooding UT Dan River INT Corps 2 97 S3 P Flooding UT Dan River INT Corps 2 132 S4 Choose one S5 Choose one S6 Choose one 3h. Total stream and tributary impacts 448 3i. Comments: Duke Energy is requesting a waiver of the 300 feet of stream impact limit for the proposed impacts to these low quality stream channels. The NC Stream Assessment Method (NCSAM) forms are attached. Stream impacts will be permanent due to stormwater impoundment. Impounded water will be removed within 72 hours via pumping. Pumped flows will be discharged to the Service Water Settling Pond and via proposed stormwater outfall. 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 Choose one Choose O2 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. Wetland Impacts (acres) 5d. 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 you MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ 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 B1 Yes/No B2 Yes/No B3 Yes/No B4 Yes/No B5 Yes/No B6 Yes/No 6h. Total Buffer Impacts: 6i. Comments: Page 5of10 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. The project has been designed to avoid significant permanent dredge or fill impacts to wetlands and streams. Impounded water will be removed within 72 hours via pumping to a settling pond. The proposed action at this location will primarily include minor permanent impacts to intermittent stream channels and herbaceous/shrubby wetlands. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Impacts to wetlands and streams will be minimized during pumping activities. Access will be through uplands, via adjacent roadways. Best Management Practices will be used during pumping activities. 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? ❑X Yes ❑ No 2b. If yes, mitigation is required by (check all that apply):X❑ DWQ ❑X Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank ❑X 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.X❑ Yes 4b. Stream mitigation requested: 448 linear feet 4c. If using stream mitigation, stream temperature: warm 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: 0.41 acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: Duke Energy is requesting 1:1 stream mitigation since the proposed stream impacts will be to low quality, intermittent channels. 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 6of10 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? YesX❑ 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 ❑X 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. ❑ Yes ❑X No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 1 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: The project site meets the low density criteria as specified under DWR Water Quality Certification (WQC) No. 3890; i.e. the project built upon area is less than 1 %. BMPs have been designed to meet the WQC No. 3890 requirements for low density development. The proposed action will not add imperious surfaces to the project. As specified by WQC No. 3890, two copies of the DWR Low Density Supplemental Form are attached to this PCN. 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? ❑ 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 ❑X 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): ❑Session Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑X 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? ❑X Yes ❑ No Page 8of10 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)? 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 ❑ Yes ❑ 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? ❑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 E] 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. This project will not generate wastewater. Page 9of10 PCN Form — Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes ❑X No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑X Yes ❑ No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? USFWS Information, Planning, and Conservation System (IPaC) interactive website and the NC Natural Heritage Program (NCNHP) Natural Heritage Database Search interactive website. Amec Foster Wheeler did not identify any federally listed species during the site evaluations in April 2015. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ❑X No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? NOAA National Marine Fisheries Service - online interactive software "Essential Fish Habitat Mapper v3.0". 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 ❑ 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? NC Dept of Cultural Resources, State Historic Preservation Office (SHPO) interactive website (HPOWEB). 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain? ❑ Yes ❑X No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? A graphic exhibit of the 100 -year floodplain for the project vicinity is attached. Source: FEMA/FIRM map numbers 3710798900J, 3710799900J, and 3710709000J, dated July 3, 2007. Applicant/Agent's Printed Name Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided. Page 10 of 10