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HomeMy WebLinkAbout20240800 Ver 1_ePCN Application_20240610i 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# * 20240800 1 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Select Project Reviewer* David May:david.may Information for Initial Review la. Name of project: COURTESY COPY New Bern 230kV Substation Expansion 1a. Who is the Primary Contact?* Duke Energy Progress c/o Tucker Pridgen 1b. Primary Contact Email: * tucker. pridgen@duke-energy.com Date Submitted 6/10/2024 Nearest Body of Water Caswell Branch Basin Nauss Water Classification C;Sw,NSW Site Coordinates Latitude: 35.14181 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Craven Is this a NCDMS Project Yes No Longitude: -77.12351 Reviewing Office* Washington Regional Office - (252) 946-6481 1c. Primary Contact Phone:* (252)813-1511 `I Is this project a public transportation project?* Yes No 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): 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: 401 Water Quality Certification - Express Riparian Buffer Authorization 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 1i. Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes No Unknown 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) 1e. Is there an Agent/Consultant for this project? Yes No 2. Owner Information 2a. Name(s) on recorded deed: Duke Energy Progress Inc. 2b. Deed book and page no.: Deed book: 0671, page no.:0173 2c. Contact Person: Tucker Pridgen 2d.Address Street Address 411 Fayetteville Street Address Line 2 City State / Province / Region Raleigh North Carolina Postal / Zip Code Country 27601 US Yes No Yes No 2e. Telephone Number: (252)813-1511 2g. Email Address:' tucker.pridgen@duke-energy.com 4. Agent/Consultant (if applicable) 4a. Name: Stuart Bryan 4b. Business Name: Terracon 4c.Address Street Address 2401 Brentwood Road Address Line 2 city Raleigh Postal / Zip Code 27604 4d. Telephone Number: (912)220-1893 4f. Email Address:" stuart.bryan@terracon.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: New Bern 2. Project Identification 2f. Fax Number: State / Province / Region North Carolina Country us 4e. Fax Number: 2a. Property Identification Number: 2b. Property size: 8-218-019 -16-acres for the psa 2c. Project Address Street Address located at the end of CP and L Dr. off of Hwy 55 northwest of New Bern Address Line 2 City State / Province / Region near New Bern North Carolina Postal / Zip Code Country 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Caswell Branch 3b. Water Resources Classification of nearest receiving water:" C;Sw,NSW 3c. What river basin(s) is your project located in?" Neuse 3d. Please provide the 12-digit HUC in which the project is located. 030202020606 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 PSA includes an existing electrical transmission substation along with several maintained transmission line ROW and access roads. A small portion of the PSA is forested. The general land use in the vicinity is comprised of forested lands, roads/hwys, railroad, and industrial facilities. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? Yes No Unknown 8 4f. List the total estimated acreage of all existing wetlands on the property: -0.99-acre 4g. List the total estimated linear feet of all existing streams on the property: 4h. Explain the purpose of the proposed project:* The project consists of expanding/improving the existing New Bern 230kV Substation and improving an existing access road onsite (exhibit attached). The proposed project is in effort to avoid outages/service disruptions and provide reliable service for Duke Energy customers. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: The proposed substation expansion will require temporary impacts to the ditch/open water features located directly adjacent to the existing substation and along the access road. The temporary impacts will consist of minimal regrading on the shoulder and top of bank of these existing features. Similar work is proposed for the culvert/access road improvement areas. After construction is complete the ditch/open waters features will provide similar functions as before construction activities began. The northwest/southeast oriented portion of the ditch/open waters adjacent to the existing substation will be permanently impacted for the planned expansion (blue hatched area on the exhibit). The existing access road improvements will also require permanent impacts to a wetland within the existing maintained powerline ROW and for culvert improvements. The proposed temporary impacts are depicted in orange and the proposed permanent impacts are depicted in blue on the attached exhibit. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas? Yes No O Unknown Comments: a delineation concurrence was completed for the PSA 5b. If the Corps made a jurisdictional determination, what type of determination was made? Preliminary Approved Not Verified Unknown N/A Corps AID Number: SAW-2023-02282 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Stuart Bryan Agency/Consultant Company: Terracon 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? 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 2. Wetland Impacts 6 2a1 Reason t?) 2b. Impact type*(?) 2c. Type of W.* 2d. W. name 2e. Forested* 2f. Type of Jurisdicition* t?) 2g. Impact area WI#1 roadway improvements P Pine Flat W1 E�] Corps ] 0.009 acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.009 2i. Comments: 2g. Total Permanent Wetland Impact 0.009 4. Open Water Impacts 4a. Site # 4a1. Impact Reason 4b. Impact type 4c. Name of waterbody 4d. Activity type 4e. Waterbody type 4f. Impact area OWI#1 substation expansion P n/a Fill Ditch 0.03 OWI#2-6 site improvements T n/a ii Reshaping Ditch 0.06 4g. Total temporary open water Impacts: 4g. Total permanent open water impacts: 0.06 0.03 4g. Total open water impacts: 0.09 4h. Comments: 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: Duke Energy and the project engineers have performed extensive due diligence to ensure impacts to sensitive areas are minimized. Multiple site plan revisions reduced the proposed impacts to the final plan. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Work will be mainly conducted from upland areas and existing maintained areas. Stringent ESC measures will be used during the project and extra precautions such as placement of wattles will also help prevent detrimental effects to environmental resources. 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: Duke and project engineers have performed and avoidance and minimization measures to reduce site impacts to under the 0.10-acre threshold. 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? Yes No If no, explain why: No buffered features in the PSA 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: 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 0 V O 3b. If you answered "no," provide a short narrative description. Project is work on an existing transmission substation. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?" Yes No 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?" 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. Raleigh 5d. Is another Federal agency involved?" Yes No 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 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.? Yes No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Terracon reviewed NCNHP element occurrence data and consulted with USFWS IPaC services. A Dkey for NLEB was also utilized for this psa (5/2024). 6. Essential Fish Habitat (Corps Requirement) Ga. 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_EFH 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?" Research conducted using the NC SHPO HPOWEB GIS database and research conducted at the NC Office of State Archaeology for the Substation site. Please see attached supporting information for details. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?" Yes No 8c. What source(s) did you use to make the floodplain determination?" NC Flood Risk Information System Miscellaneous O 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 NWP support info NB Sub Expansion_Optimized.pdf 33.92MB File must be PDF or KMZ Comments Supporting information, figures, and site plan are attached. Signature 0 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: Stuart Bryan Signature OM-O-rp" Date 6/10/2024