HomeMy WebLinkAbout20240409 Ver 1_ePCN Application_20240311i DWR
Division of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
October 2, 2023 Ver 4.3
Initial Review
Has this project met the requirements for acceptance in to the review process?
Yes No
Is this project a public transportation project?*
Yes No
Change only If needed.
Does this project involve maintenance dredging funded by the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund or involve the distribution or transmission of energy or
fuel, including natural gas, diesel, petroleum, or electricity?
Yes No
BIMS # Assigned
Version# *
20240409
1
Is a payment required for this project?*
No payment required
What amount is owed?*
Fee received
$240.00 $570.00
Fee needed - send electronic notification
$323.00 $767.00
Reviewing Office*
Select Project Reviewer*
Mooresville Regional Office - (704) 663-1699
Andrew Pitner:andrew.pitner
Information for Initial Review
la. Name of project:
Bridge No. 82 Distribution Rebuild Project
1a. Who is the Primary Contact?*
Andrew Olah
1b. Primary Contact Email: * 1c. Primary Contact Phone:*
andrew.olah@duke-energy.com (704)382-4596
Date Submitted
3/11/2024
Nearest Body of Water
South Fork Catawba River
Basin
Catawba
Water Classification
WS-V
Site Coordinates
Latitude: Longitude:
35.249059-81.073016
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Gaston
Is this a NCDMS Project
Yes No
Is this project a public transportation project?*
Yes No
O
1a. Type(s) of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
Yes
No
1b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
n/a
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
57 - Electric Utility Line and Telecommunications Activities — (frequently used)
le. Is this notification solely for 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? *
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1h. Is the project located in any of NC's twenty coastal counties?
Yes No
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
1d. Who is applying for the permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?
Yes No
2. Owner Information
2a. Nani on recorded deed:
Multiple landowners/easements, please see Attachment E in the PCN package upload
2b. Deed book and page no.:
please see attached PCN package, Attachment E
2c. Contact Person:
please see attached PCN package, Attachment E
2d.Address
Street Address
please see attached PCN package, Attachment E
Address Line 2
city
please see attached PCN package, Attachment E
Postal / Zip Code
please see attached PCN package, Attachment E
401 Water Quality Certification - Express
Riparian Buffer Authorization
Yes No
Yes No
State / Province / Region
please see attached PCN package, Attachment E
Country
please see attached PCN package, Attachment E
2e. Telephone Number:
(704)382-4596
2g. Email Address:*
andrew.olah@duke-energy.com
3. Applicant Information (if different from owner)
3a. Name:
Andrew Olah
3b. Business Name:
Duke Energy Carolinas, LLC
3c.Address
Street Address
P.O. Box 70516
Address Line 2
City
Charlotte
Postal / Zip Code
28272
3d. Telephone Number:
(704)382-4596
3f. Email Address:
andrew.olah@duke-energy.com
4. Agent/Consultant (if applicable)
4a. Name:
Crystal Joyce
4b. Business Name:
HDR Inc.
4c.Address
Street Address
138 Canal Street, Suite 501
Address Line 2
City
Pooler
Postal / Zip Code
31322
4d. Telephone Number:
(210)841-2975
4f. Email Address:*
crystal.joyce@hdrinc.com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
n/a
1c. Nearest municipality I town:
Cramerton
2. Project Identification
2f. Fax Number:
State / Province / Region
North Carolina
Country
USA
3e. Fax Number:
State / Province / Region
Georgia
Country
USA
4e. Fax Number:
2a. Property Identification Number: 2b. Property size:
Attachment E Attachment E
2c. Project Address
Street Address
Multiple landowners/easements, please see Attachment E in the PCN package upload
Address Line 2
City
please see Attachment E
Postal / Zip Code
please see Attachment E
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
South Fork Catawba River
3b. Water Resources Classification of nearest receiving water:
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.
030501020605
4. Project Description and History
State / Province / Region
please see Attachment E
Country
USA
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 consists of Duke Energy and North Carolina Department of Transportation (NCDOT) rights -of -way (ROWS) along Wilkinson Boulevard (State Highway [SH] 74) and
extends through forested, commercial, and residential areas (Attachment C, Figures 1 through 3). The proposed transmission line corridor is in a partial urban area of Cramerton, North
Carolina and
Gaston County and crosses natural riparian areas of the South Fork Catawba River.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?
Yes No Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
0.001
4g. List the total estimated linear feet of all existing streams on the property:
213
4h. Explain the purpose of the proposed project:'
NCDOT is planning to widen Wilkinson Boulevard (SH 74), as such Duke Energy is required to remove, relocate, and rebuild an existing 13 kilovolt (kV) single overhead transmission line
to avoid construction impacts with the planned roadway widening. The Project will rebuild approximately 0.5 miles of overhead electrical distribution line, single 13kV line, along an
adjacent alignment immediately north of the existing line in order to accommodate the NCDOT corridor widening. The new overhead transmission line will span above the South Fork
Catawba River, no work is proposed within the river.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
The overall Project extends approximately 0.5 miles from the intersection of Market Street/Wesleyan Drive and Wilkinson Boulevard (SH 74) eastward along Wilkinson Boulevard to the
intersection of Orchard Groves Court and Wilkinson Boulevard. Construction activities will include removing 51 poles and installing 42 new poles as well as overhead conductors. A portion
of the proposed overhead lines will span over the South Fork Catawba River on the north side of Bridge No. 82, no work is proposed within the river (Attachment C, Figure 2).
Duke Energy is proposing one (1) replacement / permanent aerial distribution line that will cross over/above the South Fork of the Catawba River. The 13kV line removal and relocation will
be contained within existing right-of-way (ROW) and adjacent Duke Energy owned land. The new alignment will be position immediately north and adjacent to the current existing line. All
replacement distribution structures will be located outside of the jurisdictional boundaries of the Catawba River and construction work would not occur within the river. The proposed water
crossing vertical clearance for the Catawba River shall exceed the National Electric Safety Code (NESC) requirement of seventeen (17) feet, pursuant to Part 2, Rule 232B, above the
Catawba
River full pond elevation of 569.4 ft (AMSL) at the bottom of the conductors' maximum sag condition.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?"
Yes No
Comments:
Delineation efforts conducted by HDR is provided in Attachment C.
5b. If the Corps made a jurisdictional determination, what type of determination was made?"
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company: HDR Inc.
O Unknown
Other:
6. Future Project Plans
6a. Is this a phased project?*
Yes 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?
No.
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries O Buffers
Open Waters Pond Construction
3. Stream Impacts
U
F
3a. Reason for impact (?)
3b.lmpact type "
3c. Type of impact*
��name *
3e. Stream Type *
(?)
3f. Type of
Jurisdiction*
3g. S. width
3h. Impact
length*
S1
Overhead Crossing
Permanent
Other T.—r1catawba
River
Perennial
Corps
213
Average (feet)
213
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
3i. Total permanent stream impacts:
213
3i. Total stream and ditch impacts:
213
3j. Comments:
3i. Total temporary stream impacts:
The South Fork Catawba River has been identified as a Section 10 waterway. The project will relocate an existing overhead transmission line and
therefore is considered a permanent impact requiring a Section 10 permit. All new transmission line facilities will be constructed outside of the
jurisdictional limits of the river and construction work would not occur within the jurisdictional boundaries of the river. Section 404 impacts are not
proposed for this project as all construction work will avoid temporary and permanent impacts to the river (see Attachment C - Figures/Maps).
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:
All Construction activities will be conducted in upland areas to avoid direct impacts to the South Fork Catawba River and the adjacent wetland area. No
structures are proposed within the limits of these resources and all access will be conducted via upland areas to either side of the river. The project will
also implement best management practices (BMP), including control measures, as outlined in the Project erosion and sediment control plan (Attachment
1). Erosion and sediment control measures will be maintained throughout construction activities and will be removed once final ground stabilization has
occurred. Areas of cleared/cut vegetation will be revegetated as appropriate following completion of construction activities.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Erosion and sediment control measures (i.e., silt fencing, mating, silt fence stone outlets, wattles, and construction entrances will be installed per the
approved Erosion and Sediment Control Plan prior to initiation of ground disturbing activities on site (Attachment 1). Erosion and sediment control will
also be inspected and maintained throughout the Project duration. Construction access will utilize the existing roads and existing maintenance access
routes to the greatest extent feasible, all access will be conducted from upland areas and will avoid any direct access within or through the South Fork
Catawba River and adjacent wetland area. Stringing of the new line and removal of the old existing line will be conducted utilizing the new and existing
structures to avoid in -water crossing of the river during stringing efforts.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
Yes No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Neither in -water nor in -wetland impacts are proposed for the Project. The replaced transmission line will span over the river and all supporting structures will be located outside of
jurisdictional boundaries.
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?
O
L
Yes No
If no, explain why:
The Project crosses the South Fork Catawba River and is not located within 50 feet of the Catawba River mainstem or any other
regulated lake shoreline of the Catawba River; therefore, riparian buffers do not apply for this Project in accordance with the
Catawba Buffer Rules (15A NCAC 02B.0614).
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes No
Comments:
none
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?
Yes 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)? *
Yes No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality? *
Yes No
3b. If you answered "no," provide a short narrative description.
The proposed project will be relocating and existing transmission line to avoid potential impacts associated with the adjacent roadway improvements.
The proposed project will not be increasing capacity of the transmission line and therefore is not intended to support additional developments.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?
Yes No N/A
4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a
treatment plant, list the capacity available at that plant.
Waste generated from activities on site will be disposed of at a facility regulated by the Division of Solid Waste Management or per Division of Solid
Waste Management or Division of Water Resources Rules and Regulations 15A NCAC 413.0110 (Attachment 1). Portable toilets will be monitored for
leaking and a licensed sanitary waste hauler will be utilized for evacuating, removing, and/or replacing portable toilets. A hazardous waste collection
area will be designated on site as needed and all hazardous materials will be stored in accordance with regulations. Liquid waste within concrete
washout stations will be pumped out and removed from the project site for proper disposal.
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?*
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?
Yes No
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. Is another Federal agency involved?*
Yes No Unknown
5e. Is this a DOT project located within Division's 1-8?
Yes No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes 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.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
USFWS IPaC database and NCNHP Data Explorer database. USFWS concurrence for no potential impacts on federally listed protected species was
received on January 10, 2024 and is included in Attachment G.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?
Yes No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?
NOAA Fisheries - Essential Fish Habitat Mapper.
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?"
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources? *
NRHP GIS Public Dataset and NCSHPO HPOWEB GIS Web Service. Also, NCDNCR concurrence was received on January 17, 2024 and tribal
concurrence from the Catawba Nation was received on January 12, 2024 (see Attachment G).
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? *
Yes No
8b. If yes, explain how project meets FEMA requirements:
Duke Energy is currently coordinating with the Gaston County Floodplain Administrator and the Town of Cramerton for project work that may fall within
the floodplain boundaries of each agency. Gaston County has regulatory authority for the floodplain on the west side of the river and the Town of
Cramerton has regulatory authority for the floodplain on the east side of the river. Duke Energy will obtain the necessary floodplain development permit
(s) as needed based on coordination efforts with these two offices.
8c. What source(s) did you use to make the floodplain determination? *
FEMA National Flood Hazard FIRM Panel No. 3710358500J. See Attachment C for floodplain map.
Miscellaneous
Q
u
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
00_Bridge82_Section404_USACE_PCN Package _03112024_compiled final.pdf 116.35MB
Bridge 82 - South Fork Catawba River.kmz Less than 1 KB
File must be PDF or KMZ
Comments
Signature
By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• 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:
Crystal Joyce
Signature
Date
3/11/2024
L