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HomeMy WebLinkAbout20181258 Ver 1_401 Application_20180917September 17, 2018 U.S. Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 Attention: Mr. David Shaeffer N.C. Division of Water Resources 401 and Buffer Permitting Unit 512 North Salisbury Street Raleigh, North Carolina 27604 Attention: Ms. Karen Higgins Reference: Courtesy Pre -Construction Notification Nationwide Permit 13 and General Water Quality Certification 3134 Woodlawn Substation Streambank Stabilization Charlotte, North Carolina S&ME Project No. 7235-18-014 Dear Mr. Shaeffer and Ms. Higgins: On behalf of Duke Energy (Duke), S&ME, Inc. (S&ME) is submitting this courtesy notification to inform you of work they plan to conduct in accordance with Nationwide Permit (NWP) 13 and General Water Quality Certification (WQC) 3134 in order to stabilize two segments of eroding streambank on their property. The general project area is located north of Springbrook Road and west of Chastain Avenue in an urbanized portion of Charlotte, Mecklenburg County, North Carolina (35.175009°N, -80.884042°W). This Pre -construction Notification (PCN) is being submitted to the U.S. Army Corps of Engineers (USACE) and the North Carolina Division of Water Resources (NCDWR) as a courtesy. The project as currently proposed will entail less than 150 linear feet (If) of permanent streambank impacts, and should not require pre -construction written approval from either agency. In support of this application, the following accompanying information has been submitted through the NCDWR On-line PCN website (https://edocs.deg.nc.gov/Forms/Pre-Construction Notification FormU: Figures: Site Vicinity (Figure 1), USGS Topographic/NWI Exhibit (Figure 2), a 2018 Aerial Photograph/Soil USDA Survey Exhibit (Figure 3) and Proposed Jurisdictional Impacts (Figure 4) Site Photographs NCDWR Stream Identification Form Agent Authorization Form Construction Drawings NC Natural Heritage Program (NCNHP) Report Courtesy pre -Construction Notification NWP 13 and WQC 3134 Woodlawn Substation Streambank Stabilization September 17, 2018 The work will require approval by Mecklenburg County Stormwater Services for impacts to the SWIM buffer established along the stream, and approval of an erosion and sediment control plan will also be required from the NC Division of Energy, Mineral and Land Resources (NCDMLR). Applications and supporting materials pursuant tthose approvals will be submitted separately and authorized by the respective agencies prior to initiation of construction. Project Purpose and Need The purpose of the proposed project is to provide long-term stabilization to two segments of eroding streambank, hereafter identified as the North Area and South Area, that have the potential to undermine existing Duke infrastructure. The work will be conducted in conjunction with a security upgrade project that will involve replacement of the existing fencing around the substation and installation of added security measures around telecommunication towers/buildings and above -ground storage tanks at the site. Existing Site Conditions The proposed site is located within an existing parcel owned by Duke and is comprised of mixed vegetated and impervious areas. Based on a review of the USGS Quadrangle (Figure 2), an unnamed tributary of Kings Branch is located along the western perimeter of the Site. The USDA NRCS Mecklenburg County Soil Resource data (Figure 3) depicts the Site as being underlain by the Cecil sandy clay loam and Cecil -Urban land complex. The USFWS NWI program did not indicate the presence of wetland features within the Site. Jurisdictional boundaries within the project area were delineated by S&ME on December 13, 2017. One jurisdictional surface water feature (Stream 1) was observed and delineated. Stream 1 is an unnamed tributary to Kings Branch (DWR Index No. 11-137-6, Class Q. Stream 1 is a perennial stream based on existing ordinary high water mark and biological indicators. The stream channel is approximately 5 to 8 feet in width (on average) and exhibited consistent flow at the time of the field reconnaissance. Jurisdictional wetlands were not observed in association with the stream feature. During field reconnaissance, it was observed that the left bank of Stream 1 at the South Area, at its closest proximity to the substation site, is approximately 7 to 10 feet away from the existing fence. Also, the stream bank is eroded and incised to approximately 6 feet, and appears to have migrated over time towards the site based on the appearance of an existing stormwater outfall pipe. A segment of similarly eroding streambank was observed at the North Area near the base of an existing electric transmission tower on Duke property, north of the fenced area. Description of Proposed Work and Impacts Duke intends to stabilize the subject streambanks to inhibit erosion, prevent further channel migration and maintain reasonable separation between the stream and the infrastructure. Due to the importance of the Duke facilities, the nature of the eroded streambank and the limited space between the streambank and the infrastructure, it was determined that bank stabilization at the North and South Areas would be best accomplished through construction of a "Redi-Rock" retaining wall at each area. The walls are constructed using precast, modular blocks that will be installed near the toe of the eroding streambank, and will provide protection for the Courtesy pre -Construction Notification s a NWP 13 and WQC 3134 Woodlawn Substation Streambank Stabilization September 17, 2018 tower footings and substation pad. The proposed streambank impacts that will occur as a result of the project are identified in Table 1 below: Table 1: Summary of Proposed Streambank Impacts Streambank Impacts (If) anks Stabilization Area Tem r Prior to construction at each site, a sand bag cofferdam and cleanwater bypass will be established in order to create a dry work area and prevent flowing water from coming in contact with the work area. Perimeter erosion and sediment controls will be installed in adjacent work areas. Construction of the project will include clearing and grubbing within the defined limit of disturbance, cut and fill necessary to prepare the area above the streambank, and installation of the Redi-Rock wall and two small areas of riprap at the toe of the wall. The project will employ appropriate sediment and erosion control practices as outlined in the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. Following construction, temporarily -disturbed upland areas will be restored in accordance with the project construction drawings, including a native riparian seed mix. The proposed project will not result in an appreciable increase impervious surface, and no stream channelization or wetland impacts are anticipated. Federally -Protected Species The project has also been designed to comply with the applicable conditions of Department of the Army NWP No. 13 (Bank Stabilization) from the USACE, and WQC) No. 3134 from the NCDWR, and as proposed, should not require written approval. To determine the project's compliance with applicable sections of the Endangered Species Act (ESA) of 1973 (16 USC 1531-1543), S&ME conducted a search of the North Carolina Natural Heritage Program (NCNHP) database to identify element occurrences (EOs) of such species listed as potentially occurring near the project area. The NCNHP list was compared to the U.S. Fish and Wildlife Service (USFWS) list of protected species for Mecklenburg County. Additionally, S&ME personnel conducted a pedestrian field review of the site in conjunction to locate potential habitat or the presence of protected terrestrial species that were identified through the records review. The assessment did not include sampling or a habitat assessment for aquatic or state -listed species. The NCNHP provided an August 20, 2018 report that did not identify records of rare species, important natural communities, natural areas, conservation areas or federally -protected species documented within one mile of the site. The NCNHP report is included in the accompanying information submitted with the online courtesy PCN. Based on review of the NCNHP and U.S. Fish & Wildlife (FWS) databases, federally -protected species with documented populations in Mecklenburg County are listed in Table 2. Courtesy pre -Construction Notification s a NWP 13 and WQC 3134 I I Woodlawn Substation Streambank Stabilization September 17, 2018 Table 2: Summary of Federally -Protected Species for Mecklenburg County ComBamldo cc aaee atus eagle Haliaeetus leucocephalus BGPA Current Northern Long-eared Bat Myotis septentrionalis T Probable Carolina heelsplitter Lasmigona decorate E Current Rusty -patched bumblebee Bombus affinis E Historic Michauax's sumac Rhus michauxii E Current Schweinitz's sunflower Helianthus schweinitzii E Current Smooth coneflower Echinacea laevigata E Current Descriptions of the relevant species taken from FWS profiles are also listed below. Bald Eagle Bald eagles were removed from the endangered species list in August 2007 because their populations recovered sufficiently. However, bald and golden eagles are still protected under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Act (Eagle Act). The bald eagle is a large raptor with a wingspan of approximately seven feet. Adult individuals of this species have a mainly dark brown plumage with a solid white head and tail. Bald eagles develop adult plumage in the fifth or sixth year. Juveniles of the species exhibit a chocolate brown to blackish plumage with occasional occurrences of white mottling on the tail, belly, and under -wings. Bald eagle's primary diet consists of fish. However, it will feed on birds, mammals, and turtles when fish are not available. The bald eagle is associated with coasts, rivers, and lakes, usually nesting near large bodies of water where it feeds. Nesting habitat in the Carolinas usually occurs in large pine trees along the edge of large bodies of water. The bald eagle is listed as a current record for Mecklenburg County. The project area does not contain suitable habitat for bald eagle, and there are no large bodies of water in the vicinity of the site. Northern Long-eared Bat The northern long-eared bat (NLEB) is a medium-sized bat about 3 to 3.7 inches in length but with a wingspan of 9 to 10 inches. This bat is distinguished by its long ears, particularly as compared to other bats in its genus, Myotis, which are actually bats noted for their small ears. NLEB spend winter hibernating in caves and mines, called hibernacula. They use areas in various sized caves or mines with constant temperatures, high humidity, and no air currents. During the summer, NLEB roost singly or in colonies underneath bark, in cavities or in crevices of both live trees and snags (dead trees). Males and non -reproductive females may also roost in cooler places, like caves and mines. This bat has also been found rarely roosting in structures, like barns and sheds. White -nose syndrome (WNS), a deadly fungal disease that impacts cave -dwelling bats, represents the principal threat to this species. Although the project area may contain potentially suitable summer foraging habitat, it is not located within 0.25 mile of known NLEB hibernacula, and will not involve cutting or destroying known, occupied maternity roost trees or any other trees within a 150 -foot radius around known, occupied maternity trees. 4 Courtesy pre -Construction Notification NWP 13 and WQC 3134 Woodlawn Substation Streambank Stabilization September 17, 2018 Carolina Heelsplitter The Carolina heelsplitter is most often found in small to large streams with shaded banks and a variety of substrates. The shell covering of this mollusk is typically yellowish or greenish brown, and may have greenish brown or black rays. The general shape of the shell is trapezoidal. There are two lateral teeth in the left valve and one in the right valve. Carolina heelsplitter is known from the Duck and Goose Creek subbasins of the Yadkin -Pee Dee river basin. The study area drains into an unnamed tributary of Kings Branch, which drains into Sugar Creek. The project area does not drain into tributaries or contain headwaters that flow into Duck or Goose Creeks and accordingly, does not contain habitat for Carolina heelsplitter. Rusty Patched Bumblebee Historically, the rusty patched bumble bee was broadly distributed across the eastern United States. They once occupied grasslands and tallgrass prairies of the Upper Midwest and Northeast, but most grasslands and prairies have been lost, degraded, or fragmented by conversion to other uses. Bumble bees need areas that provide nectar and pollen from flowers, nesting sites (underground and abandoned rodent cavities or clumps of grasses), and overwintering sites for hibernating queens (undisturbed soil). Rusty patched bumble bees live in colonies that include a single queen and female workers. The colony produces males and new queens in late summer. Queens are the largest bees in the colony, and workers are the smallest. All rusty patched bumble bees have entirely black heads, but only workers and males have a rusty reddish patch centrally located on the back. This species is listed as a historic occurrence for Mecklenburg County, and may be an extant record. Michaux's Sumac Michaux's sumac is a non-poisonous, low -growing, deciduous, densely hairy shrub. The erect stems grow from an underground rhizome to a height of one to three feet. The compound leaves are alternate and divided into long rows of 9 to 13 stalkless leaflets. The leaflets are 1.6 to 3.5 inches long, oblong, winged at the base, dull on the top, hairy on the bottoms, with toothed edges. The terminal leaflet has a two inch long winged petiole. Flowers grow at the top of the plant in a dense, erect cluster, colored greenish -yellow to white, and are four -to five -parted. Fruit are hairy reddish drupes, each containing one seed. Leaves emerge in April to May, flowering occurs April to June, and fruiting occurs August to October with fruits persisting for several months. These plants are generally dioecious. Michaux sumac has been known to produce male flowers one year and female flowers the next. Other individuals are monoecious with both male and female flowers at one time. Usually less than half of the stems in a subpopulation do not flower in a given season. Even though fruit may be plentiful, seed viability is low. This may be a result of self -incompatibility or hybridization with other Rhus. This species usually produces asexually from thick, shallow horizontal rhizomes. Michaux sumac prefers sandy, loamy swales and depressions, acidic and circumneutral uplands, and rocky open woods. It grows best where disturbance has maintained an open area. Michaux sumac has been found along roadsides, in powerline clearings, and areas where forest canopies have been opened up by blowdowns and/or Courtesy pre -Construction Notification NWP 13 and WQC 3134 Woodlawn Substation Streambank Stabilization September 17, 2018 hurricane damage. Episodic fires accentuate habitat for this species and reduce hardwood encroachment, recycle nutrients, and aid regeneration of longleaf pine/wiregrass communities. Potential habitat for Michaux sumac exists in the utility easement. However, field review did not identify populations of Michaux sumac. Schweinitz's Sunflower Schweinitz's sunflower is a perennial herb in the aster family that generally grows up to five feet in height. This plant has tuberous roots, with each stem attached to a single tuberous root. The stems are scabrous (rough) and generally reddish in color. The leaves are soft pubescent below and scabrous on the upper surface. The ray flowers are yellow, while the disk flowers are purplish. Schweinitz's sunflower generally blooms during the month of September. The habitat of Schweinitz's sunflower is open woods, roadsides, and powerline easements, often on basic soils with bare spots or a gravel component. The preferred sites are characterized by abundant sunlight and little competition in the herbaceous layer. Schweinitz's sunflower is listed as a current record for Mecklenburg County. The project area contains suitable habitat for Schweinitz's sunflower within portions of the project area that consist of the powerline easement. However, field review did not identify any populations of Helinathus species, including Schweinitz's sunflower. Smooth Coneflower Smooth coneflower is a perennial herb growing to a height of one and one-half to three feet tall. This species grows from a thick, vertical root. The stems of smooth coneflower are smooth. The stems have few leaves, of which the largest are the basal leaves. The basal leaves are lance -ovate to elliptical, coarsely serrate, and smooth above and below. The basal leaves are attached by long, slender petioles, while the smaller leaves are attached with shorter petioles. The smooth coneflower's flowering period occurs from May to July. The flower heads are normally solitary, located at the terminal part of the stem, with drooping rays ranging from five to eight centimeters long. The flower is light pink to purplish in color. Smooth coneflower prefers open woods associated with red cedar, meadows, and cleared utility and road easements. The species forms small stands within open, grassy woodlands and cedar barrens. The species prefers basic or circumneutral soils. This species requires abundant sunlight, little herbaceous and shrub competition and periodic disturbances such as fire. Smooth coneflower was not identified within the project area during the field review. Historic Resources Review of the NC State Historic Preservation Office (SHPO) GIS web mapping service indicates that the closest documented site eligible for inclusion on the National Register of Historic Places is Kimbrell's Furniture Store (Site MK2157), located approximately 0.45 -mile northwest of the project area. Accordingly, the project should have no effect on historic resources. Avoidance and Minimization The project design incorporated measures to limit the amount of permanent streambank disturbance to less than 150 If. The resultant design and proposed impacts are considered the minimum amount necessary to safely 0 Courtesy pre -Construction Notification s a NWP 13 and WQC 3134 Woodlawn Substation Streambank Stabilization i September 17, 2018 provide long-term stabilization to the eroding streambank and protect the important adjacent infrastructure. Impacts will be minimized by Duke's use of appropriate erosion and sediment control measures during construction, utilizing high -visibility fencing to demarcate adjacent areas that are to remain undisturbed, and by conducting a pre -construction meeting to review applicable permit conditions prior to construction. Because the project will result in permanent impacts to less than 150 If of stream bank, and there will be no wetland impacts, we do not anticipate that purchase of wetland mitigation credit will be required. Closing Thank you for your review of this courtesy PCN. If you have questions or need additional information, please feel free to contact us at 704.523.4726. Sincerely, 5&ME Joey Lawler, P.W.S. Project Manager Senior Review by Chris Stahl, PE Action History (UTC -05:00) Eastern Time (US & Canada) Submit by Anonymous User 9/17/2018 10:16:41 AM (Start Event) Accept by Montalvo, Sheri A 9/17/2018 12:09:17 PM (Non DOT Initial Review) The task was assigned to Montalvo, Sheri A. The due date is: September 20, 2018 5:00 PM 9/17/2018 10:18 AM DWR Division of water Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) January 31, 2018 Ver 2.3 Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all mandatory questions are answered. Also, if at any point you wish to print a copy of the E -PCN, all you need to do is right -click on the document and you can print a copy of the form. Below is a link to the online help file. https://edocs.deq.nc.govMaterResources/0/edocl6247041PCN%20Help%20File%202018-1-30.pdf A. Processing Information County (or Counties) where the project is located:* Mecklenburg Is this project a public transportation project?* f Yes f• No This is any publicly funded by nunicipal,state or federal funds road, rail, airport transportation project. 1a. Type (s) of approval sought from the Corps:* V Section 404 Permit (wetlands, streams and waters, Clean Water Act) F Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) 1b. What type(s) of permit(s) do you wish to seek authorization?* IJ Nationwide Permit (NWP) r Regional General Permit (RGP) r Standard (IP) This form may be Corps to initiate the standard/individual permit process. Please contact your Corps representative for submittal of standard permits. All required items that are not provided in the E -PCN and be added to the miscellaneous upload located at the bottom of this form. Nationwide Permit (NWP) Number: 13 - Bank Stabilization NWP Number Other: List all MN nurrbers you are applying for not on the drop down list. 1c. Type(s) of approval sought from the DWR:* check all that apply IJ 401 Water Quality Certification - Regular r 401 Water Quality Certification - Express F Non -404 Jurisdictional General Permit r Riparian Buffer Authorization r Individual Permit * 1d. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: r Yes r No For the record only for Corps Permit: r Yes r No 1e. 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 f Yes C No 1f. Is the project located in anyof NC's twentycoastal counties?* r Yes C No 1h. Is the project located in a designated trout watershed?* f Yes f• No Link to trout information: http://vmw.saw.usace.army.mil/Missions/Regulatory-Permit-ProgranVAgency-Coordination/Trout.aspx B. Applicant Information 1a. Who is the Primary Contact?* Joey Lawler 1b. Primary Contact Email:* jlawler@smeinc.com 1c. Primary Contact Phone:* (XXX)XXX-XXXX (704)604-6474 1d. Who is applying for the permit? El Owner r Applicant (other than owner) rJ Agent/Consultant (Check all that apply) 2. Owner Information 2a. Name(s) on recorded deed: Duke Power Company 2b. Deed book and page no.: 03123-071 2c. Responsible party: (for Corporations) Mayur Patel 2d. Address Street Address 536 South Church Street Address Line 2 City Charlotte Fbstal / Zip Code 28202 2e. Telephone Number: (XXX)XXX-XXXX (704)382-2381 2f. Fax Number: (XXX)XXX-)O= 2g. Email Address:* Mayur.Patel@duke-energy.com 4. Agent/Consultant (if applicable) 4a. Name: State/ Province/ Fbgion NC Country USA Joey Lawler, PWS 4b. Business Name: (if applicable) S&ME, Inc. 4c. Address Street Address 9751 Southern Pine Blvd Address Line 2 aty Charlotte Postal / Zip Code 28273 4d. Telephone Number: (704)604-6474 (XXX)XXX-XXXX 4e. Fax Number: (XXX)XXX-)O= 4f. Email Address:* jlawier@smeinc.com State/ Province/ region NC Country USA Agent Authorization Letter* Reese provide the Agent Authorization Letter if you are submtting this docurrent. S&ME Agent Authorization—Woodlawn Tie_082218.pdf 61.84KB FILE TYPE MLIST BE RIF C. Project Information and Prior Project History 1. Project Information 1a. Name of project:* Woodlawn Substation Streambank Stabilization 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town:* Charlotte 1d. Driving directions* If it is a new project and can not easily be found in a GPS napping system Rease provide directions. From 1-77 North, take Woodlawn Road Exit. Proceed east of Woodlawn Road. Turn right on to Chastain Avenue. Site is on the right behind existing substation. 2. Project Identification 2a. Property Identification Number: (tax RN or parcel ID) 16902109 2b. Property size: (in acres) 15.92 2c. Project Address Street Address 333 Springrook Drive Address Line 2 City State/ Province/ Region Charlotte NC Postal / Zip Code Country 28217 USA 2d. Site coordinates in decimal degrees Please collect site coordinates in decimal degrees. Use between 4-6 digits (unless you are using a survey -grade GPS device) after the decimal place as appropriate, based on how the location was determined. (For example, most mobile phones with GPS provide locational precision in decimal degrees to map coordinates to 5 or 6 digits after the decimal place.) Latitude:* Longitude:* 35.174520° -80.884075° ex: 34.208504 -77.796371 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* UT to Kings Branch 3b. Water Resources Classification of nearest receiving water:* 11-137-6 Class C Surface Water Lookup 3c. What river basin(s) is your project located in?* Catawba River Basin Lookup 4. Project Description 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 proposed site is located within an existing parcel owned by Duke and is comprised of mixed vegetated and impervious areas. The vicinity consists of an urbanized portion of Charlotte. The site contains an eroding stream channel that poses a risk to Duke's existing infrastructure. 4b. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) nick the upload button or drag and drop files here to attach document 2_topo.pdf 1.09MB File type mast be pdf 4c. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) nick the upload button or drag and drop files here to attach docurrent 3—aerial soil survey.pdf 817.1 KB File type mast be pdf 4d. List the total estimated acreage of all existing wetlands on the property: None within the project area 4e. List the total estimated linear feet of all existing streams on the property: (intern ittent and perennial) 148 LF within the project area 4f. Explain the purpose of the proposed project:* The purpose of the proposed project is to provide long-term stabilization to two segments of eroding streambank, hereafter identified as the North Area and South Area, that have the potential to undermine eaasting Duke infrastructure. The work will be conducted in conjunction with a security upgrade project that will involve replacement of the eAsting fencing around the substation and installation of added security measures around telecommunication towers/buildings and above -ground storage tanks at the site. 4g. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* Duke intends to stabilize the subject streambanks to inhibit erosion, prevent further channel migration and maintain reasonable separation between the stream and the infrastructure. Due to the importance of the Duke facilities, the nature of the eroded streambank and the limited space between the streambank and the infrastructure, it was determined that bank stabilization at the North and South Areas would be best accomplished through construction of a "Redi-Rock' retaining wall at each area. The walls are constructed using precast, modular blocks that will be installed near the toe of the eroding streambank, and will provide protection for the tower footings and substation pad. Prior to construction at each site, a sand bag cofferdam and cleanwater bypass will be established in order to create a dry work area and prevent flowing water from coming in contact with the work area. Perimeter erosion and sediment controls will be installed in adjacent work areas. Construction of the project will include clearing and grubbing within the defined limit of disturbance, cut and fill necessary to prepare the area above the streambank, and installation of the Redi-Rock wall and two small areas of riprap at the toe of the wall. 4h. Please upload project drawings for the proposed project. nick the upload button or drag and drop files here to attach docurrent Construction Drawings.pdf 6.33MB File type mast be pdf 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes f No r Unknown Comments: Delineation conducted by S&ME on December 13, 2017 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary r Approved a Unknown O NSA Corps AID Number: Bcarrple: SAW -2017-99999 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Dave Homans SME, Inc. 5d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5d1. Jurisdictional determination upload nick the upload button or drag and drop files here to attach docurrent Stream Form S1.pdf 120.99KB File type mast be FDF 6. Project History 6a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past?* f Yes r No r Unknown 7. Future Project Plans 7a. Is this a phased project?* f Yes r No 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? This includes other separate and distant crossing for linear projects that require Department of the Army authorization but don't require pre -construction notification. D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): F Wetlands fJ Streams -tributaries F Buffers r Open Waters r Pond Construction 3. Stream Impacts P Bank S1 Perennial Both 8 115 9 Nbp label (e.g. Finad Grossing If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 1) Tenporary (T) intermittent (INT) (feet) 0 3a. Reason for impact*3b.lmpact 3c. Type of impact *3d. Stream name * 3e. Stream 3f. Type of 3g. Stream 3h. Impact Ivbp label (e.g. Finad Grossing type* Type* Jurisdiction* width* length* S1 North Area P Bank S1 Perennial Both 8 33 Ivbp label (e.g. Finad Grossing Fbrmenent (F') or Stabilization Perennial (FEP� or Average (linear feet) 1) Temporary (T) intermttent (INT) (feet) S2 North Area T Dewatering S1 Perennial Both 8 26 Nbp label (e.g. Poad Grossing Permanent (P) or Perennial (PEF� or Average (linear feet) 1) Temporary (T) intermttent (INT) (feet) S3 South Area P Bank S1 Perennial Both 8 115 9 Nbp label (e.g. Finad Grossing Perrranent (P) or Stabilization Perennial (PTEI:� or Average (linear feet) 2 1) Tenporary (T) intermittent (INT) (feet) 0 S4 South Area T Dewatering S1 Perennial Both 8 40 3 Ivbp label (e.g. Finad Grossing Fernanent (P) or Perennial (FEF� or Average (linear feet) 2 1) Terrporary (T) intermttent (INT) (feet) 0 ** All Perennial or Intermittent streams must be verified by DWR or delegated local government 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 148 3i. Total temporarystream impacts: 66 3i. Total stream and tributary impacts: 214 3j. Comments: Permanent impacts to the right bank of S1 will be limited to 148 LF. Additonal temporary impacts identified in the table will result from placement of coffer dams upstream and downstream of the work areas in order to establish a clean -water bypass and dry work area. 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 project design incorporated measures to limit the amount of permanent streambank disturbance to less than 150 If. The resultant design and proposed impacts are considered the minimum amount necessary to safely provide long-term stabilization to the eroding streambank and protect the important adjacent infrastructure. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:* Impacts will be minimized by Duke's use of appropriate erosion and sediment control measures during construction, utilizing high -visibility fencing to demarcate adjacent areas that are to remain undisturbed, and by conducting a pre -construction meeting to review applicable permit conditions prior to construction. 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? f Yes r No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: Project -wide permanent streambnak impacts will not exceed 150 LF. F. Stormwater Management and Diffuse Flow Plan (required by DWR) *** Recent changes to the stormwater rules have required updates to this section .- 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? f Yes C No For a list of options to meet the diffuse flow requirements, click here. If no, explain why: Project is not subject to riparian buffers administered by DEQ. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?* r Yes f No To look up low density requirement click here 15A NCAC 02H.1003(2) 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? f Yes r 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)? * f Yes r No 2b. Is this an after -the -fact permit application?* r Yes r No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality?* f Yes r No 3b. If you answered "no," provide a short narrative description. Project is not considered growth -inducing. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r Nor 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? r Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* f Yes r No 5d. Is another Federal agency involved?* f Yes r No r Unknown 5e. Is this a DOT project located within Division's 1-8?* r Yes r No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? r Yes f No 5g. Does this project involve bridge maintenance or removal? r Yes r No Link to the NLEB SLOPES document: http://saw-reg.usace.army.mil/NLEB/1-30-17-signed_NLEB-SLOPES&apps.pdf 5h. Does this project involve the construction/installation of a wind turbine(s)?* f Yes r 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.? f Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? NCNHP and USFWS databases. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* f Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* https://wwv.habitat.noaa.gov/protection/efh/efhmapper/ 7. Historic or Prehistoric Cultural Resources (Corps Requirement) Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data: http://gis.ncdcr.gov/hpoweb/ 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 (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)?* r Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* NC SHPO Web database 7c. Historic or Prehistoric Information Upload Click the upload button or drag and drop files here to attach document File must be FDF 8. Flood Zone Designation (Corps Requirement) Link to the FEMA Floodplain Maps: https://msc.fema.gov/portal/search 8a. Will this project occur in a FEMA -designated 100 -year floodplain?* r Yes C No 8c. What source(s) did you use to make the floodplain determination?* http://www. ncfloodmaps.conV Miscellaneous Miscellaneous attachments not previously requested. Click the upload button or drag and drop files here to attach document 1_vicinity.pdf 814.84KB 4_impacts.pdf 714.35KB Cover Letter.pdf 216.94KB NCNHP Report.pdf 1.24MB Photosl .pdf 582.4KB File must be FDF or KW Signature m By checking the box and signing below, I certify that: ■ 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:* Joey Lawler Signature Date Submitted: 9/17/2018 Initial Review Is this project a public transportation project?*(?) ryes 47 No Change only if needed. Has this project met the requirements for acceptance in to the review process? * r Yes r No BIMS # Assigned* 20181258 Version#* Reviewing Office* Mooresville Regional Office - (704) 663-1699 Select Project Reviewer* Alan Johnson:eads\adjohnson1 Is a payment required for this project?* r No payment required f Fee received f Fee needed - send electronic notification AGENT AUTHORIZATION FORM Date: Project Intormation S&ME Project Name: Woodlawn Substation Streambank Stabilization Type of Project: Streambank Stabilization Location: Woodlawn and Nations Crossing - Charlotte, NC Business Name: Mailing Address: City, State, Zip Code: Telephone No. Contact: wgent inrormation Business Name: Street Address: City, State, Zip: Telephone No. Contact: mrormation Duke Energy 536 South Church Street Charlotte, NC 28202 704.382.2381 Mayur Patel S&ME, Inc. 9751 Southern Pine Blvd Charlotte, NC 28273 704.523.4726 Joey Lawler, PWS / Chris Stahl, PE Authorization: I, M CA ,.i -- 1° on behalf of Duke Energy, hereby authorize S&ME, Inc. to submit information to and coordinate with the US Army Corps of Engineers (USACE) and/or the NC Division of Environmental Quality (NCDEQ) and other relevant Federal/State/Local agencies pursuant to obtaining necessary environmental permits for the project referenced above. If applicable, this also authorizes the USACE/NCDEQ to access the project area with Duke's prior notification and approval for the purposes of conducting site assessment/confirming the accuracy of delineated boundaries. Signature: an(/W SWE. INC. / 9751 Southern Pine Blvd / p 704.523.4726 f 704.525.3953 / www.srneinc corn Area 1: View of streambank facing NE from substation fence Area 1: View of streambank facing SW. Area 1: View of eroding streambank facing NE. Area 1: View of eroded streambank facing E. SITE PHOTOGRAPHS Photo Pagel r 1 t - K Y i• Area 2: View of stream facing S. Area 2: View of stream facing NW towards tower. ;y s. .1 Jr.' AW 'SSS ' `t'' Sb '• "� � '! ` E •- :gym , r4 i �}' r •�i�rvi` •` .' �-r «, + �,l��S'' a,, Area 2: Second view of stream facing S. r `S. 1 F A S� � SyZ yC• Y.' - "' .1i FA Area 2: View of stream from tower facing S. fi Area 2: View of tower in relation to streambank. Project No.: 7235-18-014 WOODLAWN SUBSTATION . SITE Taken by: SWE STREAMBANK STABILIZATION PHOTOGRAPHS Date: 08.20.2018 I I I Charlotte, NC Photo Page 2 S1 NC Division of Water Quality -Methodology for Identification of Intermittent and Perennial Streams and Their Origins v. 4.11 NC DWQ Stream Identification Form Version 4.11 Date: 5.23.2018 Project/Site: Duke Woodlawn Latitude: 35.174906° Evaluator: Joey Lawler, PWS county: Mecklenburg Longitude: -80.8848560 Total Points: Stream is least intermittent 33 Stream Determination (circle one) Other Charlotte West NC at Perennial e. Quad Name: 9• if >_ 19 or perennial if >_ 30" 2 • 3 A. Geomorphology (Subtotal = 12.5 ) Absent Weak Moderate Strong 1 a. Continuity of channel bed and bank 0 1 ® 2 © 3 2. Sinuosity of channel along thalweg 0 1 2 • 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 ® 1 ® 2 3 4. Particle size of stream substrate 0 1 (D 2 © 3 5. Active/relict floodplain 0 ® 1 • 2 0 3 6. Depositional bars or benches 0 0 1 2 • 3 7. Recent alluvial deposits 0 • 1 2 0 3 8. Headcuts 0 • 1 2 3 9. Grade control 0 ® 0.5(D 1 © 1.5® 10. Natural valley 0 0 1 0. 1 • 1.5® 11. Second or greater order channel No = 0 • Yes = 3 Sketch: a artificial ditches are not rated; see discussions in manual B. Hydrology (Subtotal = 11 ) 12. Presence of Baseflow 0 ® 1 ® 2C) 3 (F) 13. Iron oxidizing bacteria 0 1 • 2 3 14. Leaf litter 1. • 1 ® 0.5® 0 15. Sediment on plants or debris 0 ® 0.5 1 ® 1.5 16. Organic debris lines or piles 0 0.5 1 e_1 1.5 17. Soil -based evidence of high water table? No = 0 ® Yes= 3 0 10 C. Biology (Subtotal= 9.5 ) 18. Fibrous roots in streambed 3 • 2 1 0 19. Rooted upland plants in streambed 3 • 2 in 0 20. Macrobenthos (note diversity and abundance) 0 in 2 • 3 21. Aquatic Mollusks 0 • 1 2 3 22. Fish 0 • 0.50 10 1.5 23. Crayfish 0 0.5 • 10 1.5 24. Amphibians 0® 0.5(F) 1 ® 1.5 25. Algae 0 0.5 • 1 1.5 26. Wetland plants in streambed FACW = 0.7500BL = 1.500ther = 0 "perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: 41 North Carolina Department of Natural and Cultural Resources Natural Heritage Program Govemor Roy Cooper August 21, 2018 Joey Lawler S&ME 9751 Southern Pine Blvd Charlotte, NC 29273 RE: Woodlawn Substation Streambank Stabilization Dear Joey Lawler: Secretary Susi H. Hamilton NCNHDE-6758 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database, indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is found within the project area or is indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund easement, or Federally -listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rod ney.butler&Dncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program MAILING ADDRESS: Tele hone: [919', 7D7-8107 LOCA.TICN 16`1 MaiI Ser,rice Center w rsv.ncnh2.org 121 VVest hones S-reat Ralaigh, NC 27899-1881 Ralaigh, NC 27603 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area Woodlawn Substation Streambank Stabilization August 21, 2018 NCNHDE-6758 Element Occurrences Documented Within a One -mile Radius of the Pro'ect Area Taxonomic EO ID Scientific Name Common Name Last Element Accuracy Federal State Global State Group Observation Occurrence Status Status Rank Rank 14 Date Rank Vascular Plant 13743 Delphinium exaltatum Tall Larkspur 1800s Hi? 5 -Very --- Endangered G3 S2 Low No Natural Areas are Documented Within a One -mile Radius of the Project Area Managed Areas Documented Within a One -mile Radius of the Project Area Managed Area Name wner Owner Type Mecklenburg County Open Space Mecklenburg County Local Government Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/content/help. Data query generated on August 21, 2018; source: NCNHP, Q3 July 2018. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 3 NCNHDE-6758: Woodlawn Substation Streambank Stabilization l Ra ruyu�, F 758 R- s aeagenen O/�sR P Ekmenlary 'e :;lnlfo a Y ,a \/ ..°3c a ? 6 0 `vnc O Sholpping Colonial -O, Ener¢+son�f York Road a ter Village Dyson Sl ar, age Ce ... r21 o7b M fir kvd 750 K 2 Aare a� � me v /� .. ]9 -A2 F' o C Pa Pj J7'9 o High 4: 02 �� Lej 13 v'e� Come oo ^Ps ?o Ele lary 41 73aD � O 74P \ c n Ctctlmns U Sr :rC:n - - i .ft Q rs \ woodlae, Ch btbn $ c yy ngwood 4a Ashbrook f Yorkrtlont \ Ji+g Or S o 9a O Clawson a Village b T [;tcAle'� �a z \ m q v, N nr§a/r. kknryfssetQ'a m Ove ��' d _ \ Q' a \ 77 Ul•^� 'meq r- - 3 V A; � �`V o � \ \ vii' ab wn Ra a a � 't C* oo York kle norial ry } 2- YVoodlavn MarWtplace A Cemetery n YoCe,rk kla.—al 'c ip"Oft Dr rery C G+ove Lt\ o _n cn' l;; E +Nondla ron Rd teAV orkmontof Stht+llT. Rt+ f �Nooc Park lueen Anlw Rd Rd Otto rd U, D 4 2 � nKa �S, o b Mmuel Sens-Rdm0\ Moray i Conlcr� Pkace e��a - r/ a�,kYeY _ wa �r'a Sad ��t p\ Madison Park p` o P/ (iE tAcY YC TYo n 1,0%, Rd a� 21 Brants Square O Pinewootl Elementary tcc wed 9eyb 4iraY/ppR C Qa ? II coq 777 F ^�/� a •. on ner Or a / l yvola \\Y AI! BVI IYlnr. TYvola klall Ebb Pl k� Mice +'y P V „a Ra C Q C W E Sha Nn'Wc�! Or t O Tyeola Pla _ Smith Ac f InmaI—al a aAtlksMrYbof �O y m F an \ ns„ August 21, 2018 Project Boundary Buffered Project Boundary Managed Area (MAREA) Page 3 of 3 1:21,501 0 0.175 0.35 0.7 mi 0 0.275 0.55 1.1 km Sources: Esd, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), swisstopo, ® OpenStreetMap contributors, and the GIS User Community