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HomeMy WebLinkAbout20181554 Ver 1_PCN Form Submission_20181113DWR MOM— of Water Resources Pre -Construction Notification (PCN) Form September 29, 2018 Ver 3 tial Review Has this project met the requirements for acceptance in to the review process?* r Yes r No Is this project a public transportation project?* G Yes r No Oiange only if needed. BIMS # Assigned 20181554 Is a payment required for this project?* r No payment required r Fee received r Fee needed - send electronic notification Select Project Reviewer* Stephanie Goss:eads\szgoss Information for Initial Review 1a. Name of project: Duke Energy Progress - Henderson Operations Center 1a. Who is the Primary Contact?* Jennifer Burdette 1b. Primary Contact Email:* burdette@mcadamsco.com Date Submitted 11/13/2018 Nearest Body of Water Red Bud Creek Basin Tar -Pamlico Water Classification C; NSW Site Coordinates Latitude: Longitude: 36.310487 -78.411023 FA. Processing Information County (or Counties) where the project is located: Vance Is this project a public transportation project?* r Yes r No 1a. Type(s) of approval sought from the Corps: * Section 404 Permit (wetlands, streams and waters, Clean Water Act) r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) 1b. What type(s) of permit(s) do you wish to seek authorization? rJ Nationwide Permit (NWP) F- Regional General Permit (RGP) F Standard (IP) Version# * 1 Reviewing Office* Raleigh Regional Office - (919) 791-4200 1c. Primary Contact Phone:* (919)287-0743 1c. Has the NWP or GP number been verified by the Corps? r Yes r No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: W 401 Water Quality Certification - Regular F Non -404 Jurisdictional General Permit F Individual Permit 39 - Commercial/Institutional Developments r 401 Water Quality Certification - Express r Riparian Buffer Authorization 1e. Is this notification solelyfor 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?* r- Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r- Yes r No Acceptance Letter Attachment 1h. Is the project located in any of NC's twenty coastal counties? r Yes r No 1j. Is the project located in a designated trout watershed? 0 Yes r No B. Applicant Information 1d. Who is applying for the permit? W Owner r Applicant (other than owner) 1e. Is there an Agent/Consultant for this project? r' Yes r- No 2. Owner Information 2a. Name(s) on recorded deed: Duke Energy Progress, LLC 2b. Deed book and page no.: DB 1313, PG 0685 2c. Responsible party: Paula Gourley - Application Signatory & Ottis Allen - POC 2d. Address Street Address 410 S. Wilmington Street Address Line 2 CKY Raleigh Postal / Zip Code 27601 2e. Telephone Number: (919)481-6132 2g. Email Address:* ottis.allen@duke-energy.com State / Frovinoe / Pagion NC Ceuntry USA 2f. Fax Number: r Yes r^ No r- Yes r No C. Project Information and Prior Project History v 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Henderson F 2. Project Identification 2a. Property Identification Number: 2b. Property size: 006402008 15.3 2c. Project Address Street Address 546 Raleigh Road Address Line 2 City State / Rovinee / Ragion Henderson NC Rostal / Zip Cade Country 27536 USA 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Red Bud Creek 3b. Water Resources Classification of nearest receiving water:* C: NSW 3c. What river basin(s) is your project located in?* Tar -Pamlico 3d. Please provide the 12 -digit Hi in which the project is located. 030201010202 4. Project Description and History 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 project site is adjacent to the existing operations center and consists of 50 percent forested area and 50 percent maintained lawn. Commercial development occupies the area around Raleigh Road. Timber land is present behind this commercial development including the project site. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* r Yes r No r Unknown 4d. Attach an 8 1/2X11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) DKE18310_Figure 1 USGS.pdf 1.9 MB 4e. Attach an 8 1/2X11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) DKE18310_Figure 2 Soil Survey.pdf 1.34MB 4f. List the total estimated acreage of all existing wetlands on the property: 0.05 4g. List the total estimated linear feet of all existing streams on the property: 0 4h. Explain the purpose of the proposed project:* The purpose of the project is to expand the yard area of the existing operation center to increase truck traffic maneuverability and provide additional storage area. Future plans include constructing a shop for vehicle maintenance within the area of the proposed storage yard. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The project involves grading a flat area on the adjacent property and constructing an access ramp to connect the fenced, gravel storage lot and a truck access to the existing facility. The attached Impact Map shows the proposed construction plan for the expansion. Standard construction equipment will be used to complete the earth moving such as excavators, bull dozers etc 4j. Please upload project drawings for the proposed project. DKE18310-Overall Map.pdf 1AMB DKE18310-Project Map.pdf 1.03MB DKE18310-Inset 1.pdf 458.38KB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No O Unknown Comments 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary f Approved r Not Verified r Unknown r N/A Corps AID Number: SAW -2018-01984 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Jennifer Burdette & Kelly Roth The John R. McAdams Company 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made bythe Corps or DWR Andy Williams verified the wetland boundary during a field visit conducted on October 26, 2018. Documentation of the Preliminary Jurisdictional Determination has not been received, but the delineation map of the verified boundary is attached. The attached October 26, 2018 buffer determination letter from DWR indicates that the stream mapped on the site is not subject to the Tar -Pamlico Buffer Rule. 5d1. Jurisdictional determination upload DKE18310_Figure 4 Delineation Map_v3.pdf 548.97KB 2018-10-29 rcvd from DWR buffer determination letter RRO18-383.pdf 266.29KB 6. Future Project Plans 6a. Is this a phased project?* r 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? D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): W Wetlands r Streams -tributaries F Open Waters r Pond Construction 2. Wetland Impacts F Buffers !a. Site #* (?) 2a1 Reason (?) 2b. Impact type * (?) 2c. Type of W. * 2d. W. name * 2e. Forested* 2f. Type of 2g. Impact Jurisdicition*(?) area* _11 N� Access Ramp P Headwater Forest A Yes Both 0.050 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.050 2h. Comments: E. Impact Justification and Mitigation 1. Avoidance and Minimization 2g. Total Permanent Wetland Impact 0.050 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The applicant requested a surface water and wetland delineation prior to designing the proposed expansion to avoid and minimize impacts to jurisdictional areas to the maAmum extent practicable. Alignment of the access ramp needs to line up vdth the traffic pattern at the existing facility for 75 -foot long, transfer truck maneuverability and access to this area. The impact (W1) is minimized through the use of an area with an existing culvert. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques u Proper sedimentation and erosion control methods will be utilized during all phases of construction and installation, as described in the Erosion Control Plan sheets to be reviewed and approved by the Town of Henderson. All work will take place during dry conditions and can be facilitated from high, non -jurisdictional, stable ground. The contractor shall install silt fence, inlet protection, sediment traps, diversion ditches, tree protection, and other measures as shown on the erosion control plans, clearing only as necessary to install these devices. All erosion and sediment control measures will be checked for stability and operation following every runoff -producing rainfall, but in no case less than once every week. Any needed repairs will be made immediately to maintain all measures as designed. An erosion control inspections report is required and will be kept by the owner's representative. All slopes shall be graded no steeper than the angle that can be retained by vegetative cover or other adequate erosion control devices or structures. No material for construction will be placed in wetlands or streams at any time. Excavation will be limited to the area necessary for site preparation. All excavated material will be placed on high ground and confined by adequate dikes or other retaining structures to prevent erosion and sedimentation into adjacent waters and wetlands. 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: There are no stream impacts and permanent wetland impacts have been minimized to 0.05 acre, which is belowthe 0.10 -acre threshold for mitigation. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 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? r Yes r No What type of SCM are you providing? r- Level Spreader r- Vegetated Conveyance (lower SHWT) F_ Wetland Swale (higher SHWT) P Other SCM that removes minimum 30% nitrogen F_ Proposed project will not create concentrated stormwater flow through the buffer Diffuse Flow Documentation 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* t'- Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? r- Yes r No 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? r Yes r- No 2d. Which of the following stormwater management program(s) apply: R Local Government r- State Local Government Stormwater Programs F Phase II W NSW r- USMP F Water Supply Please identify which local government stormwater program you are using. Town of Henderson Comments: Diffuse flow requirements will be met through implementation of a stormwater management plan to be reviewed and approved by the Town of Henderson. G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federallstate/local) funds or the use of public (federal/state) land?* r- 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)?* r- Yes r No I Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* r Yes r No 3b. If you answered "no," provide a short narrative description. The a)pansion of the operations center is not anticipated to result in additional development. 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?* r Yes r No 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. Is another Federal agency involved?* r Yes r No 5e. Is this a DOT project located within Division's 1-8? r Yes r No 5f. Will you cut anytrees in order to conduct the work in waters of the U.S.? r Yes r No 5g. Does this project involve bridge maintenance or removal? r Yes r No 5h. Does this project involve the construction/installation of a wind turbine(s)?* r Yes r No r Unknown 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.? r Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? On July 9, 2018, USFWS and NCNHP consultation was completed for the proposed project. The response letters and Species Conclusion Table are attached indicating the determination of no effect on protected species except for the Northern Long-eared Bat (NLEB). Because the project may affect the NLEB, completion of the project will rely on the findings of the Biological Opinion for the NLEB for compliance. Copies of this information is attached. Consultation Documentation Upload DKE18310_USFWS Species List - Raleigh Ecological Services Field Office.pdf 173.72KB DKE18310_NCNHP Project Report - NCNHDE-6415.pdf 865.58KB DKE18310_USFWS Species Conclusion Table.pdf 156.69KB 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* r Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* The Essential Fish Habitat (EFH) Mapper (https://www.habitat.noaa.gov/protection/efh/efhniapper) was accessed on October 29, 2018. 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?* r Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* he project was submitted to SHPO for an environmental review. Their attached response was received on August 16, 2018. 7c. Historic or Prehistoric Information Upload 2018-08-16 rcvd from SHPO - ER 18-1563.pdf 96.97KB 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA designated 100 -year floodplain?* r Yes r No 8c. What source(s) did you use to make the floodplain determination?* NCFLOODMAPS.COM, FIRM Panel:1962; Map Number: 3720196200J, Effective Date: 4/16/2007 Miscellaneous Comments Miscellaneous attachments not previously requested. 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: Paula Gourley - Manager Land Services Signature Sign Date 11/12/2018