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HomeMy WebLinkAbout20191704 Ver 1_PCN Form Submission_20191211DWR mrlslon of Water Resources Pre -Construction Notification (PCN) Form September 29, 2018 Ver 3 Initial 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 Change only if needed. BIMS # Assigned * Version#* 20191704 1 Is a payment required for this project?* r No payment required What amout is owed?* r Fee received r $240.00 r Fee needed - send electronic notification r $570.00 Reviewing Office * Select Project Reviewer* Asheville Regional Office - (828) 296-4500 Andrew Moore:eads\awmoore3 Information for Initial Review 1a. Name of project: Capps to Hendersonville 44kV Line Rebuild Project 1a. Who is the Primary Contact?* Johanna Velasquez 1b. Primary Contact Email:* Johanna.Velasquez@hdrinc.com Date Submitted 12/11/2019 Nearest Body of Water Multiple waterbodies in the Mud Creek watershed Basin French Broad Water Classification Class C Site Coordinates Latitude: Longitude: 35.331021-82.457446 A. Processing Information County (or Counties) where the project is located: Henderson Is this project a public transportation project?* r Yes r No 1a. Type(s) of approval sought from the Corps: W 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? * Nationwide Permit (NWP) * Regional General Permit (RGP) 7 Standard (IP) 1c. Primary Contact Phone:* (980)337-5012 'u 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 r Non-404 Jurisdictional General Permit r Individual Permit 12 - Utility Lines le. Is this notification solely for the record because written approval is not required? For the record only for DWR401 Certification: For the record only for Corps Permit: r 401 Water Quality Certification - E)iress r Riparian Buffer Authorization 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. lathe project located in any of NC's twenty coastal counties? r Yes r No 1j. Is the project located in a designated trout watershed? O Yes r No F B. Applicant Information 1d. Who is applying for the permit? r- Owner W Applicant (other than owner) le. Is there an Agent/Consultant for this project?* r Yes r No 2. Owner Information 2a. Name(s) on recorded deed: Duke Utility Line Right-of-way 2b. Deed book and page no.: WA - Ebsting Utility Easement 2c. Responsible party: POC: Kelly Hoyt - Duke Energy Carolinas, LLC 2d.Address Street Address 526 South Church Street Address tine 2 City Charlotte Postal / Zip Code 28202 2e. Telephone Number: (704)382-3308 2g. Email Address:* Kelly.Ebyt@duke-energy.com 3. Applicant Information (if different from owner) State / Province / Region North Carolina Country Mecklenburg 2f. Fax Number: r Yes r No r Yes r No 3a. Name: POC: Kelly Hoyt 3b. Business Name: Duke Energy Carolinas 3c.Address Street Address 526 South Church Street, EC09Q. Address Line 2 aty Charlotte Postal / Zip Code 28202 3d. Telephone Number: (704)382-3308 3f. Email Address:* Kelly.Fbyt@duke-energy.com 4. Agent/Consultant (if applicable) 4a. Name: Johanna Velasquez 4b. Business Name: HDR Inc 4c.Address Street Address 440 South Church Street, Suite 900 Address Line 2 City Charlotte Postal / Zip Code 28202-2075 4d. Telephone Number: (980)337-5012 4f. Email Address:* Johanna.Velasquez@hdrinc.com Agent Authorization Letter* Agent_ Authorization_Signed. pdf State / Province / Region NC Country us 3e. Fax Number: State / Ravine / Pagion North Carolina Country us 4e. Fax Number: 37.97KB .............. _..__.............................................. C. Project Information and Prior Project History C^U 1. Project Information 1b. Subdivision name: (d appropriate) N/A 1c. Nearest municipality/ town: Hendersonville 2. Project Identification 2a. Property Identification Number: 2b. Property size: Right-of-way 40.03 2c. Project Address Street Address Right-of-way located south of Capps Lane, east of Asheville Highway, and north of South Grove Street in Henderson County. Address Line 2 city State / Province / Fbgion Postal / Zip Code Country 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Multiple waterbodies in the Mud Creek watershed 3b. Water Resources Classification of nearest receiving water:* Class C 3c. What river basin(s) is your project located in?* French Broad 3d. Please provide the 12-digit HUC in which the project is located. 060101050301 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 Area consists of a 40.03-acre maintained right-of-way (apprommately 4.2 miles long) comprised of a utility corridor (power transmission infrastructure), and undeveloped land. Land use in the vicinity of the Project consists of residential, industrial, commercial, light manufacturing, agricultural lands, and undeveloped 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 4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) 03_Topographic.pdf 3.61MB 4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) 04A_Soils.pdf 1013.69KB 04B_Soils.pdf 968.54KB 4f. List the total estimated acreage of all existing wetlands on the property: 9.79 4g. List the total estimated linear feet of all existing streams on the property: 2,635 4h. Explain the purpose of the proposed project:* Duke Energy intends to remove and rebuild apprommately 4.2 miles of transmission structures and overhead wiring associated with the Capps to Hendersonville 44kV Line Rebuild Project. The current power infrastructure will be replaced with double circuit conductors and light duty steel poles and towers. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The rebuild project will replace the current transmission infrastructure with double circuit conductors and light duty steel poles and towers. Erosion control measures will be installed to encompass the anticipated construction limits. Existing access roads will be utilized whenever possible. A bucket truck, a crane, a small backhoe and pickup trucks will be utilized to remove and replace the poles, towers, and conductors. 4j. Please upload project drawings for the proposed project. capps-hendersonville_11_21_19_JVRev.pdf 45.2MB 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: PJD is being submitted to the USACE in conjunction With this application. 5b. If the Corps made a jurisdictional determination, what type of determination was made? r Preliminary r Approved r Not Verified r Unknown r N/A Corps AID Number: 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Eric Mularski, PWS; Johanna Velasquez Agency/Consultant Company: HDR Inc 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 project or related activity? No D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): rJ Wetlands r" Open Waters Pr Streams -tributaries r Pond Construction ❑ Buffers 2. Wetland Impacts 2a1 Reason (?) 2b. Impact type*(?) 2c. Type of W.* 2d. W. name * 2e. Forested* 2f. Type of Impact Jurisdicition*(?)]2g. area* W7 Access T Non -Tidal Freshwater Marsh Wetland 7 No Corps 0.014 (acres) W8 Access T Non -Tidal Freshwater Marsh Wetland 8 No Corps 0.230 (acres) W8 Pole replacement P Non -Tidal Freshwater Marsh Wetland 8 Corps 0.001 (acres) W11 Access T Non -Tidal Freshwater Marsh Wetland 11 Corps 0.320 (acres) W11 Pole replacement P Non -Tidal Freshwater Marsh Wetland 11 Corps 0.001 (acres) W12 Access T Non -Tidal Freshwater Marsh Wetland 12 Corps 0.600 (acres) W13 Access T Non -Tidal Freshwater Marsh Wetland 13 No Corps 0.810 (acres) W15 Access T Non -Tidal Freshwater Marsh Wetland 15 No Corps 0.510 (acres) W16 Access T Non -Tidal Freshwater Marsh Wetland 16 No Corps 0.640 (acres) W17 Access T Non -Tidal Freshwater Marsh Wetland 17 No Corps 0.210 (acres) W18 Access T Non -Tidal Freshwater Marsh Wetland 18 No Corps 0.010 (acres) W12 Pole replacement P Non -Tidal Freshwater Marsh Wetland 12 No Corps 0.001 (acres) W19 Access T Non -Tidal Freshwater Marsh Wetland 19 No Corps 0.030 (acres) W21 Access T Non -Tidal Freshwater Marsh Wetland 21 Corps 0.030 (acres) W22 Access T Non Tidal Freshwater Marsh Wetland 22 Corps 0.210 (acres) W26 Access ��T Non -Tidal Freshwater Marsh Wetland 26 Corps 0.060 (acres) W27 Access ��T Non -Tidal Freshwater Marsh Wetland 27 Corps 0.070 (acres) W30 Access T Non -Tidal Freshwater Marsh Wetland 30 No Corps 0.010 (acres) W31 Access T Non -Tidal Freshwater Marsh Wetland 31 Corps 0.020 (acres) 2g. Total Temporary Wetland Impact 3.774 2g. Total Wetland Impact 3.777 2h. Comments: 2g. Total Permanent Wetland Impact 0.003 Temporary impacts will result due to access through wetlands. Composite matting will be utilize in all crossing within the floodplain and wetlands. Temporary access materials will be installed according to the specification shown on Detail-1 and Detail 4, PED1. 3. Stream Impacts 3a. Reason for impact (?) 3b.lmpact type 3c. Type of impact" 3d. S. name 3e. Stream Type" 3f. Type of 3g. S. width" 3h. Impact (?) Jurisdiction* length* S1 crossing/access Temporary Other S13-Trib.to Mud Creek Perennial Both 70 Average (feet) 16 (lir�rfeet) 3Y crossing/ access Temporary Other 516- Trib. to Mud Creek Perennial Both 100 Average (feet) 16 (lirearfeet) S3 crossing/ access Temporary Other 517- Johnson Drainage Perennial Both 143 Average (feet) 24 (liriearfeet) � Grossing / access Tem orar p y Other 521- Trib. to Johnson Ditch Perennial Both 636 Average (feet) 16 (liriearfeet) 3i. Total jurisdictional ditch impact in square feet: 31. Total permanent stream impacts: 3i. Total stream and ditch impacts: 72 31. Total temporary stream impacts: 72 3j. Comments: Temporary impacts as a result of the use of temporary span bridges to across the above referenced streams. Temporary span bridges will be installed according to the specification shown on Detail-10, PED1. Composite matting will be utilize in all crossing within the floodplain and wetlands. 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: Jurisdictional waters were delineated prior to development of the construction design in order to tailor the construction activities and access routes away from jurisdictional areas. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Temporary access measures such as temporary span bridges and temporary access road matting will be utilized whenever possible. Erosion and sediment control measures will be implemented throughout the duration of the Project and predevelopment conditions will restored prior to the completion of the project within the temporary impact areas. Temporary and permanent seeding that will be used to stabilize the project during and after 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: Proposed permanent impacts for the Project do not exceed 150 linear feet of stream (Regional Conditions 3.2), nor does it exceed wetland losses greater than 1/10-acre (NW General Condition 23). 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: The Project is not located within any of the six NC watersheds with riparian buffer protection rules. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? r Yes r No Comments: The Project is a low density project as it is a rebuild of the existing utility line. G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federalistate) 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 21-1.1300), 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. The Project proposes to upgrade an existing transmission line and will not result in additional development. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r Nor NIA 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 5e. Is this a DOT project located within Division's 1-8? r Yes r No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? r Yes 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 Si. 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? The USFWS's Critical Habitat GIS shape files, USFWS Information for Planning and Consultation (IPaC), as well as the North Carolina Natural Heritage Program were queried. The results indicated that there are no records of rare species, important natural community areas, or conservation/managed areas within the project boundary. See attached USFWS consultation. Consultation Documentation Upload Capps _to_ Hendersonville _USFWS_Letter20191120.pdf 8.81 MB FWS_Response_20-044 Duke Energy - Capps to Hendersonville 44kV Transmission Line Rebuild_.pdf 72.16KB 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?* hftps://www.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?* r 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. Request for review for potential impacts to archaeological or historic resources as a result of the subject construction project was send to NCSHPO on 11/20/19. 7c. Historic or Prehistoric Information Upload Capps _to_ Hendersonville _SHPO_Letter _20191120.pdf 9.21 MB 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year flood plain?* r Yes r No 8b. If yes, explain how project meets FEMAre quire ments: The proposed impacts located within the floodplain are not anticipated to cause a rise in existing floodplain elevations because this is a rebuild of the existing line. 8c. What source(s) did you use to make the floodplain determination?* FEMA FIRM floodplains numbers 3700966000, 3700956900, 3700957900, and 3700957800. Miscellaneous Comments Miscellaneous attachments not previously requested. 01_Vicinity.pdf 2.43MB 02_Aerial20191211.pdf 1.5MB 03_Topographic.pdf 3.55MB 04A_Soils.pdf 4.85MB 04B_Soils.pdf 4.57MB 05A_Flood.pdf 5.71 MB 05B_Flood.pdf 6.14MB 06.1_WOUS.pdf 9.18MB 06.2_WOUS.pdf 9.76MB 06.3_WOUS.pdf 7.81 MB 06.4_WOUS.pdf 6.8MB 06.5_WOUS.pdf 8.73MB Signature * 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: Johanna Velasquez Signature lO FARM+. y"w- Date 12/11/2019