HomeMy WebLinkAbout20210731 Ver 1_ePCN Application_20210628DWR
mrlslon of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
June 1, 2021 Ver4.1
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?*
r Yes r No
Change only if needed.
BIMS # Assigned
20210731
Is a payment required for this project?*
r No payment required
r Fee received
r Fee needed - send electronic notification
Reviewing Office*
Wilmington Regional Office - (910) 796-7215
'Information for Initial Review
la. Name of project:
River Road -Barnard Creek Bore
la. Who is the Primary Contact?*
Jeff Harbour
1b. Primary Contact Email:*
jeff.harbour@terraGon.com
Date Submitted
6/28/2021
Nearest Body of Water
Barnard Creek
Basin
Cape Fear
Water Classification
C;Sw
Site Coordinates
Latitude: Longitude:
34.1592-77.9376
A. Processing Information
County (or Counties) where the project is located:
New Hanover
Is this a NCDMS Project
r Yes r No
Is this project a public transportation project?*
r Yes r No
Pre -Filing Meeting Information
Version#*
1
What amout is owed?*
IT $240.00
r $570.00
Select Project Reviewer*
Holley Snider:eads\hasnider
1c. Primary Contact Phone:*
(919)805-4208
Is this a courtesy copy notification?*
r Yes r No
ID#
20210731
Pre -fling Meeting or Request Date
4/9/2021
Attach documentation of Pre -Filing Meeting Request here:
nick the upload button or drag and drop files here to attach document
DWR Pre -Filing Meeting Request Form.pdf
pre filing email.pdf
File type must be FCF
1a. Type(s) of approval sought from the Corps:
V Section 404 Permit (wetlands, streams and waters, Clean Water Act)
P Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
r Yes
r No
1b. What type(s) of permit(s) do you wish to seek authorization?
W Nationwide Permit (NWP)
r Regional General Permit (RGP)
r Standard (IP)
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 401 Water Quality Certification
Version
1
54.7KB
55.15KB
57 - Electric Utility Line and Telecommunications Activities — (frequently used)
le. Is this notification solelyfor the record because written approval is not required?
For the record onlyfor DWR 401 Certification:
For the record onlyfor Corps Permit:
r 401 Water Quality Certification - Express
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
1h. Is the project located in any of NC's twenty coastal counties?
r Yes r No
11. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
r Yes r No r Unknown
1j. Is the project located in a designated trout watershed?
r Yes r No
B. Applicant Information
1d. Who is applying for the permit?
W 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 Energy (easement holder)
2b. Deed book and page no.:
r Yes r No
r Yes r No
2c. Contact Person:
Lee Bruton
2d.Address
Street Address
1451 Military Cutoff Road
Address Line 2
City
Wilmington
Postal / Zip Code
28403
2e. Telephone Number:
(910)509-7315
2g. Email Address:*
lee. bruton@duke-energy.com
3. Applicant Information (if different from owner)
3a. Name:
Duke Energy (easement holder)
3b. Business Name:
3c.Address
Street Address
1451 Military Cutoff Road
Address tine 2
City
Wilmington
Postal / Zip Code
28403
3d. Telephone Number:
(910)509-7315
3f. Email Address:*
lee.bruton@duke-energy.com
4. Agent/Consultant (if applicable)
4a. Name:
Jeff Harbour
4b. Business Name:
Terracon
4c.Address
Street Address
2401 Brentwood Road, Suite 107
Address tine 2
City
Raleigh
Postal / Zip Code
27604
4d. Telephone Number:
(919)805-4208
0. Email Address:*
jeff.harbour@terracon.com
State / Rovince / Ragan
NC
Country
us
2f. Fax Number:
State / Province / lagion
NC
Country
us
3e. Fax Number:
State / Province / Iogion
NC
Country
us
4e. Fax Number:
C. Project Information and Prior Project History C^U
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality/ town:
Wilmington
2. Project Identification
2a. Property Identification Number:
2c. Project Address
Street Address
Address tine 2
city
Fbstal / Zip Code
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Barnard Creek
3b. Water Resources Classification of nearest receiving water:*
C' Sw
3c. What river basin(s) is your project located in?*
Cape Fear
3d. Please provide the 12-digit HUC in which the project is located.
030300050504
4. Project Description and History
2b. Property size:
Slate / Ftovince / Region
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:*
NCDOT roads and ROWS, coastal marsh, nearby marina. See attached report prepared for the project.
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
4f. List the total estimated acreage of all existing wetlands on the property:
5.7
4g. List the total estimated linear feet of all existing streams on the property:
244
4h. Explain the purpose of the proposed project:*
The work associated with this project was originally proposed by the Duke Energy Progress
(DEP) Capacity Planning group to accommodate the expansive growth of the River Lights
development. Due to the location of this development in relation our existing distribution
infrastructure, the Echo Farms feeder is the sole source of power for the area. Based upon past
studies on the Echo Farms feeder, the overhead lines along Independence Blvd and River Road
were found to be loaded beyond the appropriate planning limits. Considering this, the existing
distribution infrastructure would need to be upgraded to meet the increasing load of the River
Lights development.
Last year, as work was underway to upgrade the previously mentioned overhead lines,
equipment accidentally struck a Cape Fear Public Utility Authority (CFPUA) sewer main,
resulting in a significant spill. After this incident, work was stopped and CFPUA began working
on their infrastructure to mitigate the damage that was done. Considering this situation, and talk
of the Barnards Creek bridge being widened, it was evident that a newdesign needed to be
pursued to meet this need. As a result, the proposed underground option was formulated as a
method for ensuring that the Echo Farms feeder could be upgraded without further
compromising any neighboring utilities positioned near the bridge at Barnards Creek. This
proposed DEP infrastructure will largely parallel the high-pressure gas line that Piedmont
Natural Gas installed beneath Barnards Creek back in'13.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
Duke Energy is also proposing a project referred to as River Rd. Barnards Creek Bore Crossing
project in Wilmington, NC. The creek crossing consists of installing 2-8" conduits approximately
1200' via directional bore under Barnards Creek. Additional work includes the installation of 2-6"
conduits approximately 305' via directional bore along the access road to Watermark Marina
near the intersection of River Rd. and Independence Blvd., installation of overhead facilities
required for the transition to underground, and the removal of existing distribution poles and
overhead distribution conductors in the marsh area along River Rd. south of Independence
Blvd. in the in the vicinity of the Barnards Creek bridge.
The proposed line will include both underground installation by directional boring, and overhead
installation, primarily on direct -embedded (no new foundation material) more
rugged than those now in place. No new poles are to be placed in wetlands. One distribution pole will be removed from a CAMA area. Standard equipment will be used to place poles
and string the conductor. Should equipment be required to work in jurisdictional wetlands areas, mats or low ground pressure equipment will be used to minimize ground disturbance.
Areas where
unavoidable disturbance occurs will be stabilized using seed and mulch as specified in the erosion control plan. If machinery needs to enter or cross wetlands, mats or high flotation
equipment will be used.
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:
PJD packet has been submitted on 5/24/2021
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:
SAW-2021-01113
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?*
r Yes r No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
W Wetlands r Streams -tributaries r Buffers
r Open Waters F Pond Construction
2. Wetland Impacts
2a1 Reason(?)
2b. Impact type * M
2c. Type of W.
2d. W. name*
2e. Forested*
2f. Type of
2g. Impact
Jurisdicition*(?)
area*
Pole OL1516
matting to remove
T
Salt/Brackish Marsh
CW3
No
Both
0.045
conductor off existing
(acres)
pole
Pole BBN37
matting to remove pole
T
SalUBrackish Marsh
CW2
I
No
Both
]
0.014
(acres)
Pole 1 G9T19
matting to place
T
Non -Tidal Freshwater Marsh
W5
No
Both
0.004
conductor on existing
(acres)
pole
2g. Total Temporary Wetland Impact
0.063
2g. Total Wetland Impact
0.063
29. Total Permanent Wetland Impact
0.000
21. Comments:
No permanent impacts from the project. All temporary impacts resulting from work on mats while removing/relocating conductors/poles
E. Impact Justification and Mitigation u
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The design of the project entails replacing the overhead line currently in wetlands to an underground circuit that will be bored under Barnards Creek
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Matts will be used to access the poles to be removed to avoid ground disturbance and work pads (matts) will be placed around the pole while being
removed
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?
O Yes r No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
no loss of wetlands or waters
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:
No buffer rules in place
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:
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 is proposed to meet the demand for reliable electric service to this area and to reduce the need for maintenance inside of wetland and marsh
areas after storms
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r Nor N/A
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
r Yes r No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
C Yes r No
5c. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
5d. Is another Federal agency involved?*
r Yes r No C Unknown
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
51. 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?
NCNHP report obtained. Terracon has consulted with USFWS and NCWRC during the interagency scoping meeting. No in water work is proposed.
Therefore, no protected aquatic species will be affected. The USFWS iPACS report did not identify any critical habitat in the study area.
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
Are there submerged aquatic vegetation (SAV) around the project vicinity?*
r Yes
r No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
EFH Mapper. The project will not affect the waters of Barnards Creek, which may contain EFH per the online review.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
r Unknown
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?
Historic Structures
Research conducted using the North Carolina State Historic Preservation Office (SHPO) HPOWEB GIS service database on March 16, 2021 revealed
that no previously recorded historic properties are located near the project study corridor.
Archaeological Sites
Research conducted by the North Carolina Office of State Archaeology (OSA) on March 16, 2021 indicated that one previously recorded
archaeological site appears to extend into the project study corridor. Archaeological site 31 NH28 (the Cold Morning Site) is located on the south side
of Independence Road and east side of River Road (Figure 1). The site was recorded and partially excavated in 1977 and 1978 as part of a County-
wide survey project. In addition to prehistoric artifacts such as lithic and ceramic objects, the excavations revealed a burial feature (ossuary)
containing the skeletal remains of multiple individuals. The ossuary was fully excavated in 1982. Sixteen individuals were removed from the mass
burial. contained numerous individuals and dated to the Late Woodland period. Previous construction and borrow pits have disturbed or destroyed the
majority of the site, which is no longer considered eligible for the National Register of Historic Places (NRHP). Based on current design plans, it
appears that most work would be conducted within the existing, disturbed right of way (ROW). Regardless, given the recovery of human remains from
this area, it is recommended that the SHPO be consulted prior to any significant ground disturbing activities in the vicinity of the site to determine if any
additional cultural resources work or on -site monitoring during construction would be required.
Duke has requested comments from SHPO via a formal request letter
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:
Duke and the engineer will assure all FEMA requirements are met
8c. What source(s) did you use to make the floodplain determination?*
NC Floodmaps
Miscellaneous
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.
pick the upload button or drag and drop files here to attach documxd
Barnards Creek Bore Permit Drawings.pdf
Proposed Project Scope.pdf
File trust be FDF or IM
Comments
Signature
W By checking the box and signing below, I certify that:
6.69MB
65.66KB
• 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:
Jeff Harbour
Signature
Date
6/28/2021
ID#* 20210731
Version* 1
Regional Office * Washington Regional Office - (252) 946-6481
Reviewer List* Holley Snider
Pre -Filing Meeting Request submitted 4/9/2021
Contact Name* Jeff Harbour
Contact Email Address* jeff.harbour@terracon.com
Project Name* Barnards Creek HDD and underground/overhead feeders
Project Owner* Duke Energy
Project County* New Hanover
Owner Address: Street Address
1451 Military Cutoff Road
Address Line 2
aty State / Province / Pegion
Wilmington NC
Postal / Zip axle Country
28403 us
Is this a transportation project?* r Yes r No
Type(s) of approval sought from the DWR:
* 401 Water Quality Certification - F 401 Water Quality Certification -
Regular Express
* Individual Permit F Modification
F Shoreline Stabilization
Does this project have an existing project ID#?*
C Yes (-- No
Do you know the name of the staff member you would like to request a meeting with?
no
Please give a brief project description below and include location information.*
The creek crossing consists of installing 2-8" conduits approximately
1200' via directional bore under Barnards Creek. Additional work
includes the installation of 2-6" conduits approximately 305' via
directional bore along the access road to Watermark Marina near the
intersection of River Rd. and Independence Blvd., installation of
overhead facilities required for the transition to underground, and the
removal of existing distribution poles and overhead distribution
conductors in the marsh area along River Rd. south of Independence
Blvd. in the in the vicinity of the Barnards Creek bridge.
The work associated with this project was originally proposed to
accommodate the expansive growth of the River Lights development.
Due to the location of this development in relation our existing
distribution infrastructure, the Echo Farms feeder is the sole source
of power for the area. Based upon past studies on the Echo Farms
feeder, the overhead lines along Independence Blvd and River Road
were found to be loaded beyond the appropriate planning limits.
Considering this, the existing distribution infrastructure would need to
be upgraded to meet the increasing load of the River Lights
development.
Last year, as work was underway to upgrade the previously
mentioned overhead lines, equipment accidentally struck a Cape
Fear Public Utility Authority (CFPUA) sewer main, resulting in a
significant spill. After this incident, work was stopped and CFPUA
began working on their infrastructure to mitigate the damage that was
done. Considering this situation, and talk of the Barnards Creek
bridge being widened, it was evident that a new design needed to be
pursued to meet this need. As a result, the proposed underground
option was formulated as a method for ensuring that the Echo Farms
feeder could be upgraded without further compromising any
neighboring utilities positioned near the bridge at Barnards Creek.
This proposed infrastructure will largely parallel the high-pressure
gas line that Piedmont Natural Gas installed beneath Barnards Creek
back in '13.
Please give a couple of dates you are available for a meeting.
4/28/2021
4/30/2021
Please attach the documentation you would like to have the meeting about.
Fig_topo.pdf 1.17MB
pdf only
By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section
401 Certification Rule the following statements:
This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification
Rule.
1 understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing
meeting request.
I also understand that DWR is not required to respond or grant the meeting request.
Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location
and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an
application.
Signature
Submittal Date 4/9/2021
The North Carolina Division of Water Resources has received the Pre -Filing Meeting Request Form for
Barnards Creek HDD and underground/overhead feeders that you submitted on 4/9/2021. The ID
number for that project is 20210731, Version 1.
Your Pre -Filing Meeting Request has now reached the 30 calendar days' requirement and your
application can now be accepted.
When you submit your application please upload a copy of the attached document in this email.
This email was automatically generated by Laserfiche workflow. Please do not respond to this email
address, as responses are not monitored.
Internal Use only: Non Transportation
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Proposed Project Scope & Route
Duke Energy is also proposing a project referred to as River Rd. Barnards Creek Bore Crossing
project in Wilmington, NC. The creek crossing consists of installing 2-8" conduits approximately
1200' via directional bore under Barnards Creek. Additional work includes the installation of 2-6"
conduits approximately 305' via directional bore along the access road to Watermark Marina
near the intersection of River Rd. and Independence Blvd., installation of overhead facilities
required for the transition to underground, and the removal of existing distribution poles and
overhead distribution conductors in the marsh area along River Rd. south of Independence
Blvd. in the in the vicinity of the Barnards Creek bridge.
The work associated with this project was originally proposed by the Duke Energy Progress
(DEP) Capacity Planning group to accommodate the expansive growth of the River Lights
development. Due to the location of this development in relation our existing distribution
infrastructure, the Echo Farms feeder is the sole source of power for the area. Based upon past
studies on the Echo Farms feeder, the overhead lines along Independence Blvd and River Road
were found to be loaded beyond the appropriate planning limits. Considering this, the existing
distribution infrastructure would need to be upgraded to meet the increasing load of the River
Lights development.
Last year, as work was underway to upgrade the previously mentioned overhead lines,
equipment accidentally struck a Cape Fear Public Utility Authority (CFPUA) sewer main,
resulting in a significant spill. After this incident, work was stopped and CFPUA began working
on their infrastructure to mitigate the damage that was done. Considering this situation, and talk
of the Barnards Creek bridge being widened, it was evident that a new design needed to be
pursued to meet this need. As a result, the proposed underground option was formulated as a
method for ensuring that the Echo Farms feeder could be upgraded without further
compromising any neighboring utilities positioned near the bridge at Barnards Creek. This
proposed DEP infrastructure will largely parallel the high-pressure gas line that Piedmont
Natural Gas installed beneath Barnards Creek back in '13.
Construction
The proposed line will include both underground installation by directional boring, and overhead
installation, primarily on direct -embedded (no new foundation material) on wooden poles more
rugged than those now in place. Standard equipment will be used to place poles and string the
conductor. Should equipment be required to work in jurisdictional wetlands areas, mats or low
ground pressure equipment will be used to minimize ground disturbance. Areas where
unavoidable disturbance occurs will be stabilized using seed and mulch as specified in the
erosion control plan. If machinery needs to enter or cross wetlands, mats or high flotation
equipment will be used.
Schedule
Summer 2021.