HomeMy WebLinkAbout20181182 Ver 2_PCN Form Submission_20190321DWR
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Pre -Construction Notification (PCN) Form
September 29, 2018 Ver 3
Initial Review
Has this project met the requirements for acceptance into the review process?*
r Yes
r No
Is this project a public transportation project?*
r Yes r No
C1wW only if needed.
BIMS # Assigned *
Version#*
20181182
2
Is a payment required for this project?*
* No payment required
What amout is owed?*
* Fee received
r $240.00
r Fee needed - send electronic notification
r $570.00
Reviewing Office* Select Project Reviewer*
Mooresville Regional Office - (704) 663-1699 Alan Johnson:eads\adjohnson1
Information for Initial Review
1a. Name of project:
Bumgarner Property Culvert Replacement Project
1a. Who is the Primary Contact?*
Mr. Kelly Hoyt
1 b. Primary Contact Email:*
Kelly.Hoyt@duke-energy.com
Date Submitted
3/21/2019
Nearest Body of Water
Tributary to the South Fork Catawba River
Basin
Catawba
Water Classification
Class WS -V
Site Coordinates
Latitude:
35.597564
Longitude:
-81.273910
1c. Primary Contact Phone:*
(704)382-3308
A. Processing Information -
County (or Counties) where the project is located:
Catawba
Is this project a public transportation project?*
r Yes r No
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 ureters, tidal waters, Rivers and Harbors Act)
1 b. What type(s) of permit(s) do you wish to seek authorization?
rJ Nationwide Permit (NWP)
F- Regional General Permit (RGP)
r- Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
V Yes r' No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
P 401 Water Quality Certification - Regular
r Non -404 Jurisdictional General Permit
Individual Permit
03 - Maintenance
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:
F 401 Water Quality Certification - Express
r Riparian Buffer Authorization
1f. Is this an after -the -fact permit application?*
f Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r- Yes r No
19. 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?
C Yes r No
1j. Is the project located in a designated trout watershed?
r- Yes r No
B. Applicant Information
1d. Who is applying for the permit?
Q Owner r Applicant (other than owner)
1e. Is there an Agent/Consultant for this project?
C Yes r- No
2. Owner Information
2a. Name(s) on recorded deed:
William Randolph Bumgarner
2b. Deed book and page no.:
DB:2230 PG:1514
2c. Responsible party:
2d. Address
Street Address
Off Peyton Fry Road
Address Line 2
City
Newton
Postal / Zip Code
28658
State / Rmince / Piagion
NC
Country
Catawba
C Yes r No
C Yes r No
v
2e. Telephone Number: 2f. Fax Number:
(704)382-3308
2g. Email Address:*
Kelly. Hoyt@d u ke-en ergy. com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(d appropriate)
1c. Nearest municipality/ town:
Newton, NC
2. Project Identification
2a. Property Identification Number:
PIN: 362701363178
2c. Project Address
Street Address
Off Peyton Fry Road
Address Line 2
City
Newton
Fbstal / Zip Cade
28658
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Tributary to the South Fork Catawba River
3b. Water Resources Classification of nearest receiving water:*
Class WS -V
3c. What river basin(s) is your project located in?*
Catawba
3d. Please provide the 12 -digit HUC in which the project is located.
HUC: 03050102
4. Project Description and History
2b. Property size:
43.5 (combiend) acres
State / Province / Fbgion
NC
Country
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 Area and immediate surroundings are composed of maintained right-of-way and forested land.
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
4c. If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW -0000-00000).
DWR#18-1182, Action Id.SAW-2018-01686
Project History Upload
401 -Water Quality -Certification APPROVAL20180830. pdf
404_Permit_SAW-2018-01686.pdf
607.77KB
776.01KB
4d. Attach an 81/2X11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR)
Fig2_Topo_Bumgarner_PCN.pdf 1 AMB
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)
Fig_Soils_Bumgarner_PCN.pdf 1.28MB
4f. List the total estimated acreage of all existing wetlands on the property:
0
49. List the total estimated linear feet of all existing streams on the property:
Approximately 3,350 linear feet as per the USGS National Hydrography Dataset
4h. Explain the purpose of the proposed project:*
A modification is being requested to include a 20 -foot long dissipation pad below the proposed culvert and additional bank stabilization to minimize potential scouring.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The culverts were sized to accommodate a 10 -year 24-hour storm event without overtopping the driveway. The culvert will be installed approximately 1 foot below the existing stream
bed and rip -rap dissipation pad will be set at an elevation that allows for passage of water and movement of aquatic life. The project will be constructed in the dry and will result in
permanent impacts associated with the CMPs and temporary impacts associated with de -watering for the pump around, impervious dikes, the stabilized outlet section, and the sediment
removal device. Standard construction equipment will be used, such as excavators, backhoes, hauling trucks, etc.
4j. Please upload project drawings for the proposed project.
SitePlans20190222_BumgarnerCulvert_SS.pdf 6.95MB
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes r No r Unknown
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
r Preliminary r Approved r Not Verified r Unknown C WA
Corps AID Number:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
5d1. Jurisdictional determination upload
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 projector related activity?
D. Proposed Impacts Inventory
1. Impacts Summary
Ia. Where are the impacts associated with your project? (check all that apply):
❑ Wetlands ® Streams -tributaries
❑ Open Waters ❑ Pond Construction
3. Stream Impacts
r Buffers
31. Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts:
20
31. Total stream and ditch impacts:
20
3j. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
3i. Total temporary stream impacts:
0
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The CMPs will be placed within the same footprint of the eAsting deteriorated CMP. Length and sizes were selected to minimize impacts to impacts to
jurisdictional waters. The culvert will be installed appropmately 1 foot below the ewsting stream bed at a slope that allows for passage of water and
movement of aquatic life. Stream bed material (i.e., cobbles/gravels) will be placed in the culverts to mimic natural instream conditions.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The dissipater pad is being proposed to minimize potential impacts from an approved culvert 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?
r Yes r No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
According to regional conditions 3.2 impacts do not exceed a loss of more than 150 linear feet of stream.
v
3a. Reason for impact (?)
3b.lmpact type *
3c. Type of impact*
3d. S. name*
3e. Stream Type *
3f. Type of
3g. S. width*
3h. Imp*act
❑
(?)
Jurisdiction*
length
Fill
Permanent
Rip Ra Fill
P P
Tributary to South Fork
ryCatawba
Perennial
Both
River
h�f�:]
31. Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts:
20
31. Total stream and ditch impacts:
20
3j. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
3i. Total temporary stream impacts:
0
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The CMPs will be placed within the same footprint of the eAsting deteriorated CMP. Length and sizes were selected to minimize impacts to impacts to
jurisdictional waters. The culvert will be installed appropmately 1 foot below the ewsting stream bed at a slope that allows for passage of water and
movement of aquatic life. Stream bed material (i.e., cobbles/gravels) will be placed in the culverts to mimic natural instream conditions.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The dissipater pad is being proposed to minimize potential impacts from an approved culvert 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?
r Yes r No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
According to regional conditions 3.2 impacts do not exceed a loss of more than 150 linear feet of stream.
v
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
If no, explain why:
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
f 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
Comments:
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?*
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
3. 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.
Project will not result in additional development as proposed work is to avoid potential stream bank deterioration
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r No r 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.
Asheville
5d. Is another Federal agency involved?*
r 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 anytrees in order to conduct the work in waters of the U.S.?
(- 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)?*
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.?
O Yes r No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
The USFWS's Critical Habitat GIS shapefiles were reviewed and a query of the N.C. Natural Heritage Programs
(NCNHP) Data Explore database for protected species distribution and proximity to the Project Area was conducted (see attached Project Report
[NCNHDE-6535]). The USFWS's database revealed that there is no active critical habitat for federally protected species within the Project Area. The
resulting NCNHP Data Explorer Project Report indicated that no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas occur within the Project Area (Figure 4).
No suitable habitat was located within the Project Area for bald eagle, dwarf -flowered heartleaf, or Schweinitts sunflower.
No mature trees (greater than six inches in diameter) exhibiting exfoliating bark (i.e., hickories and oaks) or dead tree snags that would serve as
potential roosting habitat for northern long-eared bats exdst within the Project Area. According to the NCNHP database and USFWS's GIS database of
areas with confirmed hibernation and maternity sites (https://www.fws.gov/asheville/htmis/project_review/NLEB_in_WNC.html), no known occurrences
including hibernacula and/or maternity roost trees have been documented within the Project Area or within 0.25 mile of the Project Area. Since woody
species are routinely maintained within the Project Area, no impacts to this species are anticipated.
Correspondence (August 22, 2018) was sent to the USFWS requesting comments on any possible issues that may emerge with respect to
endangered species, migratory birds, or other resources from the proposed construction activities. To date, no response has been received from the
USFWS; however, when a response is received, it will be forwarded promptly to the USACE.
Consultation Documentation Upload
Fig.4_Bumgarnert_PCN.pdf 665.7KB
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?*
http:/wwjv.habitat.noaa.gov/protection/efh/efhmapper/
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?*
O Yes r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
HDR reviewed the National Park Service National Register of Historic Places (NRHP) GIS Public Dataset and the N.C. Historic Preservation Office
(NCHPO) HPOWEB GIS Web Service. The review revealed there are no known cultural resources, historic structures, or historic districts located within
the Project area. Archaeological data were not included as part of the NCHPO GIS services and were not assessed as part of this study.
Correspondence
(dated August 22, 2018) was sent to the NCHPO requesting information on historic/cultural resources that may be impacted by the proposed project.
To date, no response has been received from the NCHPO; however, when a response is received, it will be forwarded promptly to the USACE.
7c. Historic or Prehistoric Information Upload
SHPO_ER 18-2177_20180927.pdf 99.82KB
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?
r Yes r No
8b. If yes, explain how project meets FEMA requirements:
The dissipater pad will result in a no -rise to the base flood.
8c. What source(s) did you use to make the floodplain determination?*
FEMA Map Number 3710362700
Miscellaneous
Comments
Miscellaneous attachments not previously requested.
Bumgarner Floodplain Dev Permit.pdf
536.41 KB
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:
Eric Mularski
Signature
Date
3/21/2019
AGENT AUTHORIZATION FORM
I, Kelly Hoyt hereby certify that I have authorized Eric Mularski, representing HDR
Engineering, Inc. of the Carolinas, to act on my behalf and take all actions necessary to
the processing and issuance of the Section 404/401 authorization associated with the
Bumgarner Property Culvert Replacement Project located Catawba County, North
Carolina.
We hereby certify that the information submitted in this application is true and accurate to
the best of our knowledge.
Kelly Hoyt
Applicant's Name
Applica Signature
Date
hdrinc.com
440 South Church Street Suites 900 & 1000, Charlotte, NC 28202-2075
T 704.338.6700 F 704.338.6760
Eric Mularski
Agent's Name
Agent's Signature
8/22/2018
Date
r
A
Seagreen Darter
Etheostoma thalassinum
Federal Status: None
State Status: Significantly Rare
3
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Elbow Rd
Project
Area
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Owners:
Catawba Lands Conservancy
and
NCDNCR, Clean Water Mana
Br000lma/e Or
4ste, St 2
1a
NC Department of Transportation
and
NCDEQ, Division of Mitigation Services
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LEGEND
Project Area
lent Trust Fund NCNHP Element Occurrences
0 Animal
NCNHP Managed Areas
® Managed Area
DATA SOURCE: NCNHP Geographic Information
System (GIS) 2017
0 Feet 2,000
f DUKE BUMGARNER PROPERTY CULVERT REPLACEMENT PROJECT
F)l �►, ENERGY® NCNHP MANAGED AREAS AND ELEMENT OCCURRENCES
FIGURE 4
PATH: IICLT-SRV021GISIPR0JECTSIDUKE_ENERGWO122955_JOCK_100KV_LINE17.2_WORK_IN_PROGRESSIMAP_DOCS\MXDIBUMGARNER404401104_BUMGARNERCULVERT_NCNHP.MXD - USER: EMULARSK - DATE: SIMNATURAL RESOURCES ASSESSMENT
LEGEND
Hydric Rating
DATA SOURCE:
f�
On -Site Soils
i
X41
FNv-
If
DUKE
ENERGY.
BUMGARNER PROPERTY CULVERT REPLACEMENT PROJECT
NRCS SOIL SURVEY OF CATAWBA COUNTY, NORTH CAROLINA
FIGURE
PATH: 1\CLT-SRV0ZGISIPR0JECTSIDUKE ENERGW0122955
JOCK t00KV LINE11.2 WORK IN PROGRESSVOAP DOCS%MXD%BUMGARNER4044011BUMGARNERCULVERT SOILS.MXD - USER: EMULARSK - DATE: 81211201 sNATU RAL RESOURCES ASSESSMENT
LEGEND f/^vim
• � _ - '------�- 933 • /�' . �y
Q Project Area
j\.
Q Topographic Quadrangles Cern tssub«,
scac�
�f I.�, •–, —";// 1 �^ 11
DATA SOURCE: Reepsville 24K Topographic
S Map; USGS Topo, National Map GIS Service (2017) /i C.
0 Feet 2,000 `` - 28
`��, �\�._ •/. �,�� � _ II 900 -
1
• 1 � r nQs� x�a � - �t i `.
Project' ��°`� ?•
Area �' I y; a (('/� r •� f,.
_ r
!� REEPSVILLE� �)'.-MAIDEN.•
k 11
_ •\ ' : J
� � :927 � . _• -. 1
f DUKE BUMGARNER PROPERTY CULVERT REPLACEMENT PROJECT
ENERGY. USGS TOPOGRAPHIC QUADRANGLES
FIGURE 2
PATH: 1\CLT-SRV0ZGISIPR0JECTSIDUKE ENERGW0122955 JOCK t00KV LINE17.2 WORK IN PROGRESSWAP DOCS%MXD%BUMGARNER404401102 BUMGARNERCULVERT USGS.MXD - USER: EMULARSK - DATE: 812112NATU RAL RESOURCES ASSESSMENT
North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Roy Cooper
Secretary Susi H. Hamilton
September 27, 2018
Eric Mularski
HDR, Inc.
440 South Church Street, Suites 900 & 1000
Charlotte, NC 28202-2075
Re: Bumgarner Property Culvert Replacement, Catawba County, ER 18-2177
Dear Mr. Mularski:
Thank you for your letter of August 22, 2018, concerning the above project.
Office of Archives and History
Deputy Secretary Kevin Cherry
We have conducted a review of the project and are aware of no historic resources which would be affected by
the project. Therefore, we have no comment on the project as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR
Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or
environmental.reviewgncdcr.gov. In all future communication concerning this project, please cite the above
referenced tracking number.
Sincerely,
60VRamona M. Bartos
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 807-6570/807-6599
ROY COOPER NORTH CAROLINA
Governor Envtranmental Quality
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
r"ILE
30 August 2018
DWR# 18-1182
Union County
Ms. Kelly Hoyt
Duke Energy Carolinas
526 S. Church St., EC09Q
Charlotte, NC 28202
Subject: APPROVAL of 401 Water Quality Certification with Additional Conditions
Bumgarner Culvert (Powerline ROW)
Dear Ms. Hoyt:
You have our approval, in accordance with the General Certification and those conditions listed
below, for the purpose proposed in your application dated August 24, 2018 and received by the Division
of Water Resources (the Division) on August 27, 2018. After reviewing your application, we have
determined that this project is covered by Water Quality General Certification Number 4132 which can
be viewed on our web site at https�//deg nc gov/about/divisions/water-resources/water-resources-
ermits/wastewater branch/401-wetlands-buffer-permits/401401 -isolated-wetlands-waters-program
The General Certification allows you to use Nationwide Permit Number 3 once it is issued to you by the
U.S. Army Corps of Engineers (COE). Please note that you should get any other federal, state or local
permits before proceeding with your project, including those required by (but not limited to) Sediment
and Erosion Control, Non -Discharge, and Water Supply Watershed regulations.
The above noted Certification will expire when the associated 404 permit expires unless
otherwise specified in the General Certification. It is advised that all conditions of the Certification are
reviewed prior to initiation of the project. In addition to the requirements of the Certification, you must
also comply with the following conditions:
This approval is only valid for the purpose and design that you described in your application. I'
you change your project, you must notify us in writing, and you may be required to send us a
new application for a new Certification. If total wetland fills for this project (now or in the future)
exceed one acre, or of total impacts to streams (now or in the future) exceed 300 linear feet,
compensatory mitigation may be required. If the property is sold, the new owner must be
given a copy of the Certification and approval letter; and is thereby responsible for complying
with all conditions. 15A NCAC,02H .0506 and 15A NCAC 02H .0507
2. The Mooresville Regional Office shall be notified in writing once construction at the approved
impact areas has commenced. 15A NCAC 02H .0502 (e)
-" 'Nothing Compares'"-,
State of North Carolina I Environmental Quality
1611 Mail Service Center I Raleigh, North Carolina 27699-1611
919-707-9000
3. Approved Impacts:
4. Diversion Ditches and other storm water conveyances as related to the sediment and erosion
control measures shall be matted and/or stabilized to reduce sediment loss and turbidity. This
includes interior/exterior slopes of sediment basins. 15A NCAC 02H .0506 (b)(3) and (c)(3)
5. Bare/fill slopes in excess of 10 feet in height and within 30 feet of surface waters shall be matted.
15A NCAC 02H .0506 (b)(3) and (c)(3)
6. Use of native vegetation and other soft stream bank stabilization techniques is recommended
where practicable instead of riprap or other bank hardening methods. If riprap is necessary, it
shall not be placed in the streambed, unless approved by DWR
7. During the construction of the project, no staging of equipment of any kind is permitted in waters
of the U.S., or protected riparian buffers. 15A NCAC 02H .0506(b)(3)
8. No rock, sand or other materials shall be dredged from the stream channel except where
authorized by this Certification. 15A NCAC 02H.0506(b)(3)
9. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless
otherwise authorized by this Certification. 15A NCAC 02H.0506(b)(2)
10. The permittee shall report to the Mooresville Regional Office any noncompliance with this
certification, any violation of stream or wetland standards [including but not limited to sediment
impacts, and any violation of state regulated riparian buffer rules. Information shall be provided
orally within 24 hours (or the next business day if a weekend or holiday) from the time the
applicant became aware of the circumstances. A written submission shall also be provided
within 5 business days of the time the applicant becomes aware of the circumstances. The
written submission shall contain a description of the noncompliance, and its causes; the period
of noncompliance, including exact dates and times, if the noncompliance has not been
corrected, the anticipated time compliance is expected to continue; and steps taken or planned
to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may waive
the written submission requirement on a case-by-case basis. 15A NCAC 0213 .0200
11. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit
drawings submitted for approval. 15A NCAC 02H.0507 (c) and 15A NCAC 02H .0506 (b)(2)
and (c)(2)
12. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 401/Wetlands Unit of the Division. 15A NCAC 02H .0507(c)
This Certification can be contested as provided in Articles 3 and 4 of the General Statute 150B
by filing a written petition for an administrative hearing to the Office of the Administrative Hearings
Type of Impact
Amount Approved Amount Approved
Temporary Impact Permanent Impact
Stream
60 linear ft. 25 linear ft.
Wetland
0 acre 0 acre
4. Diversion Ditches and other storm water conveyances as related to the sediment and erosion
control measures shall be matted and/or stabilized to reduce sediment loss and turbidity. This
includes interior/exterior slopes of sediment basins. 15A NCAC 02H .0506 (b)(3) and (c)(3)
5. Bare/fill slopes in excess of 10 feet in height and within 30 feet of surface waters shall be matted.
15A NCAC 02H .0506 (b)(3) and (c)(3)
6. Use of native vegetation and other soft stream bank stabilization techniques is recommended
where practicable instead of riprap or other bank hardening methods. If riprap is necessary, it
shall not be placed in the streambed, unless approved by DWR
7. During the construction of the project, no staging of equipment of any kind is permitted in waters
of the U.S., or protected riparian buffers. 15A NCAC 02H .0506(b)(3)
8. No rock, sand or other materials shall be dredged from the stream channel except where
authorized by this Certification. 15A NCAC 02H.0506(b)(3)
9. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless
otherwise authorized by this Certification. 15A NCAC 02H.0506(b)(2)
10. The permittee shall report to the Mooresville Regional Office any noncompliance with this
certification, any violation of stream or wetland standards [including but not limited to sediment
impacts, and any violation of state regulated riparian buffer rules. Information shall be provided
orally within 24 hours (or the next business day if a weekend or holiday) from the time the
applicant became aware of the circumstances. A written submission shall also be provided
within 5 business days of the time the applicant becomes aware of the circumstances. The
written submission shall contain a description of the noncompliance, and its causes; the period
of noncompliance, including exact dates and times, if the noncompliance has not been
corrected, the anticipated time compliance is expected to continue; and steps taken or planned
to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may waive
the written submission requirement on a case-by-case basis. 15A NCAC 0213 .0200
11. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit
drawings submitted for approval. 15A NCAC 02H.0507 (c) and 15A NCAC 02H .0506 (b)(2)
and (c)(2)
12. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 401/Wetlands Unit of the Division. 15A NCAC 02H .0507(c)
This Certification can be contested as provided in Articles 3 and 4 of the General Statute 150B
by filing a written petition for an administrative hearing to the Office of the Administrative Hearings
(hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/or by
calling the OAH Clerk's Office at (919) 431-3000.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A
petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee
is received in the OAH during normal office hours (Monday through Friday, 8:00 am to 5:00 pm,
excluding state holidays).
The petitions may be faxed to the OAH at (919) 431-3100, provided the original and one (1)
copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission. Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, INC 27699-6714
If sending via delivery service (UPS, FedEx, etc.)
Office of Administrative Hearings
1711 New Hope Church Rd.
Raleigh, INC 27609-6285
One (1) copy of the petition must also be served on DEQ as follows:
Mr. William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review by the Division under Section 401 of the Clean Water Act. If
you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional Office at 704-
663-1699.
Sincerely,
W. Corey Basinger, Regional Supervisor
Water Quality Regional Operations Section
Mooresville Regional Office, DEQ
Attachments
cc: Dave Shaeffer, Army Corps of Engineers, Charlotte, email
Eric Mularski, HDR, email
DWR 401 & Buffer Permitting Branch file
MRO, Land Quality
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW -2018-01686 County: Catawba U.S.G.S. Quad: NC-Reegsville
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Duke Enerev Transmission Permitting
Kelly Hovt
Address: 526 S Church St., EC09Q
Charlotte, NC 28202
Telephone Number: 704-382-3308
E-mail: Kelly.Hoyt(a)duke-energy.com
Size (acres) 43.5 Nearest Town Newton
Nearest Waterway South Fork Catawba River River Basin Santee
USGS HUC 03050102 Coordinates Latitude: 35.587564
Longitude: -81.273718
Location description: The proiect area is located 0.5 miles Southwest of the intersection of Elbow Rd. and Peyton Frye Rd. in
Catawba County. PIN: 362701363178.
Description of projects area and activity: This verification authorizes:
1.1 The permanent impact of 25 linear feet of perennial stream for a culvert.
2.1 The temporary impact of 60 linear feet of temporary stream for dewatering.
Applicable Law(s): ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: NWP 3. Maintenance
SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed
Conditions, your application signed and dated 8/24/2018, and the enclosed plans Site Plan dated 8/1/2018. Any violation of the
attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order,
a Class I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended
or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this
verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified
nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would
no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction)
or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed
within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has
been exercised on a case-by-case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior
to beginning work you must contact the N.C. Division of Coastal Management Morehead City, NC, at (252) 808-2808.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State
or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program,
please contact Catherine M. Janiczak at 704-510-1438 or Catherine.M.Janiczak(a,usace.army.mil.
by JANICZAKCATHERIN
JAN ICZAK.CATHERINE.MARIE.1535587 DN c U5,9ned o=U.5.Government,ou-DoDEou-PKI,1ou--�USA,66
cn-JANICZAK.CATH ERIN E.MARIE.1535587066
Corns ReLulatory Official: 066 Date: 2018.09.0411: 19:48-04'00' Date: 09/04/2018
Expiration Date of Verification: 03/18/2022
SAW -2018-01686
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0
Copy furnished:
Agent: HDR
Eric Mularski
Address: 440 S. Church Street
Charlotte, NC 28202
Telephone Number: 704-973-6878
E-mail: eric.mularskiAhdrinc.com
Action ID Number: SAW -2018-01686 County: Catawba
Permittee: Duke Energy Transmission Permitting, Kelly Hoyt
Project Name: Burngarner Property Culvert Replacement Culvert
Date Verification Issued: 09/04/2018
Project Manager: Catherine M. Janiczak
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Catherine M. Janiczak
Charlotte Regulatory Office
U.S Army Corps of Engineers
8430 University Executive Park Drive, Suite 615
Charlotte, North Carolina 28262
or
Catherine.M.Janiczak@usace.army.mil
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee Date
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PROPOSED RIPRAP
SLOPE STABILIZATION
D50=12"
PROPOSED STRUCTURAL
FILL MATERIAL 20' WIDTH TOP OF BERM
*SEE NOTE #2
107 SLOPE MAX FOR VEHICLE MAX
�xll' �� FOR VEHICLE TRAFFIC 1 R" �iN cnvFR ': st" �w cnvFR '-0" TRAFF
NPPROXL OCATIONE TOE
EXISTING GRADE
EX/ST/NG GROUND
APPROX/MATE
EX/ST/NG TOP OF
BANK
PROPOSED RIPRAP
SLOPE STABILIZATION
D50=12"
1
18" MIN. COVER
PROPOSED 84"0 CMP CULVERT
(MATCH GRADE OF EXISTING STREAM)
PROFILE -SECTION
MIN 6" THICK WASHED
STONE BEDDING
MIN 6" THICK
RIP -RAP BASE
SECTION
(IF REQUIRED)
PROPOSED STRUCTURAL
FILL MATERIAL
*SEE NOTE #2
—� 2 MAX
3' MIN.
PROPOSED
84"0 CMP
CULVERT
PROPOSED
84"0 CMP
CULVERT
CROSS-SECTION
45' BEVEL
EACH END
VNtFLOWN
— EX/ST/NG STREAM
*SEE NOTE #.3
\/\\\\
\\ \\ \ �\ APPROXIMATE
E
NONTO
APPROX/MATE EXISTING GRADE
EX/ST/NG TOP OF
BANK
PIPE INVERTS TO
BE SET 1' BELOW
STREAM ELEVATION
NOTES
1. PROVIDE LOW POINT IN ACCESS ROAD FILL SECTION THAT IS
APPROXIMATELY 1'-0" LOWER THAN FILL OVER PROPOSED
CULVERT.
2. PROVIDE COMPACTED CLAY MATERIAL OVER CULVERT TO
PROTECT BACK FILL FROM HEADWATER CONDITIONS.
3. CULVERT INVERT TO BE SET 1'-0" BELOW STREAM
ELEVATION.
4. CMP SHALL BE ALUMINIZED STEEL, TYPE II, 16 GAUGE OR
APPROVED EQUIVALENT.
SCALE IN FEET
0 5 10
m
LEGEND
F—iDuke Jock 100kv Line
Study Area
o GPS Points
HDR Delineated Stream
_XX Culvert
GPS POINTS WERE COLLECTED USING TRIMBLE GE07X
AND POST -PROCESSED
0 Feet 100
Existing CMP
to be replaced
AQUATIC RESOURCE: Tributary to South Fork Catawba River
COWARD CLASIFICATION: R5UB1
LAT/LONG: 35.587564, -81.273718
Estimated Project Area
= 0.03 acres
DUKE BUMGARNER CULVERT REPLACEMENTQ MEouRCESR
ENERGY®
C FIGURE 6
PATH: \\CLT-SRV02\GIS\PROJECTS\DUKE ENERGY110122955 JOCK_100KV LINE\].2 WORK_IN PROGRESS\MAP DOCS\MXD\BUMGARNER404401\06 BUMGARNERCULVERT AOUATICRESOURCES.MXD -USER EMULARSK -DATE: 91412018 NATURAL RESOURCES ASSESSMENT
CATAWBA COUNTY PERMIT
FLOODPLAIN DEVELOPMENT
Road Construction
P, 0. Box 389
25 Government Drive PERMIT NO: FL01404018406207
Newton, North Carolina 28658 APPLIED: 10/02/2018
ISSUED: 10/02/2018
EXPIRES: 06/24/2019
Phone:828-465-8399
Newton FAX: 828465-8962
www.catawbacountync.gov
Applicant DUKE ENERGY CAROLINAS, LLC, 526 S CHURCH ST, CHARLOTTE NC 28202 -~^
B:7043823308
Engineer HDR ENGINEERING INC 440 S CHURCH ST SUITE 1000 CHARLOTTE 28202
C:70433 86700F:70433 8 6760 13ILLY.FOXQHICKORYNC. G O V
**NOPEOPLESOFTACCOUNT ASSIGNED" _ -- —_ — ---- ---- —
Owner WILLIAM BUMGARNER, 1960 ECHO DR, NEWTON NC 28658
PROPERTY ID4:362701363178
STREET ADDRESS:,
PROJECT DESCRIPTION:Replacement of existing 48" culvert with two 40' long x 84" culverts.
Hydraulic study attached under documents tab.
DEVELOPMENT SIZE:
REG FLOOD INFO:
MAP PANEL#:
MAD INDEX DATE:
FLOOD ZONE:
SUFFIX:
MAP PANEL DATE:
BFE PER FIRM:
<.50 Acre
Yes
3710363700
07/07/2009
AE
J
09/05/2007
800
802
REF FLOOD ELEVATION:
MEAN SEA LEVEL LOWES FLOOR: NIA
MEAN SEA LEVEL UTILITIES: NIA
MEAN SEA LEVEL WATERPROOF: NIA
GARAGE USE, No
ELEVATING METHOD: N/A
WATERPROOF INFO. N/A
BASEMENT USE:
INVOICE#:
FEE DESCRIPTION
FOUNDATION WALL:
TOTAL OPENINGS:
LAG:
SQUARE FT OF ENCLOSURE:
TA
DA:
FILL MATERIAL:
CROSS SECTION DATA:
FILL FW OR NE:
WATERCOURSE ALTER:
No
Sq. In.
N!A
Sq. Ft.
NAVD
Compacted clay, riprap, washed
Yes.
Yes
No
DATE FEE AMOUNT
Floodplain DevelopmentAdjustment 10/02/2018 $50.00
TOTAL FEES $50.00
The nermlt Is Issued based upon the Information Provided on the attached Zoning Application,
The applicant acknowledges that
any construction, alteration or addition which differs from the application shall be subject to removal or alteration so as to bring
Bald structure Into conformance with the speciticatlon and standards of the Catawba County Zoning Ordinance, Such corrective
action shall be at the expense of the applicant and/or owner.
'• ThisCermit shall expire six months from the date of 1 uapo drt a building permit lea cured and remains acts e.
APPLICANT NA (PRINTT) APPLICANT SIO URE ZONING APPROVED BY
lb
btLge
r,er�ec, olrl�taSrt��
COMPANYNAME *****ZONING FEES ARE NON-REFUNDABLE *****
N0""" 10i02i2018 uaa ISSUED BY: Chris Timberlake
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