20210244 Ver 1_ePCN Application_20211216

:tit:
DWR
Division of Water Resources
Initial Review
Pre -Construction Notification (PCN) Form
April 4, 2021 Ver 4
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.
BIMS # Assigned* Version#*
20210244 1
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Select Project Reviewer*
Kevin Mitchell:eads\rkmitchell
Information for Initial Review
Reviewing Office*
Asheville Regional Office - [phone]
la. Name of project:
Installation of broadband along US74 from Wilmington to Asheville (HO-0002)
la. Who is the Primary Contact?*
NCDOT
1 b. Primary Contact Email:* lc. Primary Contact Phone: *
[e-mail] [phone]
Date Submitted
12/16/2021
Nearest Body of Water
Pee Dee River, Catawba River, French Broad River
Basin
Cape Fear; Lumber; Yadkin-PeeDee; Catawba; Broad; French Broad
Water Classification
B, B;Sw, C, C;Sw, C;Sw+, C;Tr, WS-Ill, WS-IV, WS-V, CA
Site Coordinates
Latitude:
35.218275
A. Processing Information
Longitude:
-80.816293
County (or Counties) where the project is located:
Brunswick
Columbus
Robeson
Scotland
Anson
Richmond
Union
Mecklenburg
Gaston

Cleveland
Rutherford
Buncombe
Is this a NCDMS Project
Yes No
Is this project a public transportation project? *
Yes No
Is this a NCDOT Project?*
Yes No
(NCDOT only) T.I.P. or state project number:
HO-0002 (A,B,C)
WBS # (?)
36824.1.2
Pre -Filing Meeting Information
Is this a courtesy copy notification?*
Yes No
la. 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
1 b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
lc. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
NWP 57-Electrical Utility Lines and Telecommunication Activities
Id. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
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
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
Acceptance Letter Attachment
lh. Is the project located in any of NC's twenty coastal counties?
Yes No
li. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
Yes No
401 Water Quality Certification - Express
Riparian Buffer Authorization
Unknown
Yes No
Yes No
1j. Is the project located in a designated trout watershed?
Yes No

B. Applicant Information
ld. 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. Name(s) on recorded deed:
NCDOT
2b. Deed book and page no.:
2c. Contact Person:
2d. Address
Street Address
1000 Birch Ridge Drive
Address Line 2
City
Raleigh
Postal / Zip Code
27610
State / Province / Region
NC
Country
USA
2e. Telephone Number: 2f. Fax Number:
[phone]
2g. Email Address: *
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1 b. Subdivision name:
(if appropriate)
lc. Nearest municipality / town:
Multiple along the corridor
2. Project Identification
2a. Property Identification Number: 2b. Property size:
2c. Project Address
Street Address
Address Line 2
City State / Province / Region
Postal / Zip Code Country
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
Pee Dee River, Catawba River, French Broad River
3b. Water Resources Classification of nearest receiving water: *
B, B;Sw, C, C;Sw, C;Sw+, C;Tr, WS-III, WS-IV, WS-V, CA
3c. What river basin(s) is your project located in?*
Cape Fear
Lumber
Yadkin-PeeDee
Catawba
Broad
French Broad

3d. Please provide the 12-digit HUC in which the project is located.
030300050302, 030300050303, 030401040103, 030401040104, 030401050505, 030401050604,
030402010105, 030402010201, 030402010203, 030402010302, 030402010304, 030402010305,
030402030303, 030402030401, 030402031002, 030402031004, 030402031101, 030402031103,
030402031104, 030402031204, 030402040103, 030402040104, 030402040201, 030402040202,
030402040305, 030402060201, 030402060202, 030402060203, 030402060301, 030402060303,
030402060305, 030501011501, 030501020603, 030501020605, 030501050202, 030501050309,
030501050406, 030501050701, 030501050704, 030501050803, 030501050804, 030501051201,
060101050301,060101050704
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: *
Land use in the project vicinity is predominately maintained highway and right of way. Adjacent land use consists of forested, agricultural, residential and commercial properties.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? *
Yes No 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)
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)
4f. List the total estimated acreage of all existing wetlands on the property:
0.91 ac.
4g. List the total estimated linear feet of all existing streams on the property:
1000
4h. Explain the purpose of the proposed project: *
Installation of conduit containing broadband fiber will be coupled with microcell towers and Intelligent Transportation Systems (ITS) equipment to provide variable message signs along US
74 and to implement integrated corridor management.
Additionally, installation of conduit maximizes the innovative contracting opportunities that can arise from allowing private sector to have access to the trunk line. Implementation will
provide high speed internet access to underserved communities closing the internet service gap between urban and rural households in North Carolina.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The North Carolina Department of Transportation (NCDOT) proposes to install broadband fiber along the US 74 from Wilmington to Asheville. The conduit used for the project will be
installed entirely within the existing NCDOT right of way. Anticipated equipment to be used includes dump trucks, plows, dozers, trenchers, backhoes, and boring
equipment.
4j. Please upload project drawings for the proposed project.
US74_Fiber_NCDOT_Overall_WTags compressed print.pdf
US74AI I WetByType. pdf
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes
92.65MB
64.54KB
No Unknown
Comments:
Field visits were performed by USACE and DWR staff at different dates for their perspective regions
after the wetland modeling data was completed.
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:
Other:
Morgan Weatherford and others for previous delineations
NCDOT/RK&K
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
Wetlands along the corridor were determined from a combination of previously delineated projects and model generated predictions. Ground truthing was conducted by RK&K to determine
accuracy of the model predicted wetlands. A review of the wetlands was conducted by USACE and NCDWR on various dates after the wetland modeling data was completed.
5d1. Jurisdictional determination upload
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
la. Where are the impacts associated with your project? (check all that apply):
Wetlands
Open Waters
2. Wetland Impacts
Streams -tributaries
Pond Construction
Buffers
2a. Site #* (?)
2a1 Reason (?)
2b. Impact type*(?)
2c. Type of W.*
2d. W. name*
2e. Forested*
2f. Type of Jurisdicition*
(?)
2g. Impact
area*
1
Clear and Grub
T
Unknown
Multiple
Yes
Corps
0.133
(acres)
2
Plowing
T
Unknown
Multiple
No
Corps
0.113
(acres)
2g. Total Temporary Wetland Impact
0.246
2g. Total Wetland Impact
0.246
2i. Comments:
See attached table for additional details(misc. section).
E. Impact Justification and Mitigation
2g. Total Permanent Wetland Impact
0.000
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
All work will occur within the existing NCDOT right of way. There will be no impacts to jurisdictional streams. When streams are encountered along the
corridor, conduit will either be attached to the existing structure or directionally bored under the stream. All wetlands with a length of 50 feet or greater
will be directionally bored, resulting in no impact.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Where applicable, NCDOT "Design Standards in Sensitive Watersheds" will be adhered to. Once installed, the fiber optic lines will not require
maintenance and will be allowed to revert to the previously undisturbed state.
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:
All proposed impacts to jurisdictional wetlands are considered temporary and do not require mitigation.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No
What type of SCM are you providing?
Level Spreader
Vegetated Conveyance (lower SHWT)
Wetland Swale (higher SHWT)
Other SCM that removes minimum 30% nitrogen
Proposed project will not create concentrated stormwater flow through the buffer
Diffuse Flow Documentation
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? *
Yes No

Comments:
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
Yes No
1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina)
Environmental Policy Act (NEPA/SEPA)?*
Yes No
lc. If you answered "yes" to the above, has the document review been finalized by the State Clearing House?*
Yes No
Comments: *
Type II CEs do not require submission to the State Clearinghouse.
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.
Due to minimal transportation impact resulting from the broadband installation, it is unlikely this project will neither influence nearby land uses nor
stimulate growth. Therefore, a detailed indirect or cumulative effects study will not be necessary.
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
5e. Is this a DOT project located within Division's 1-8?
Yes No
No Unknown
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
N.C. Natural Heritage Program database; USFWS-Raleigh and Asheville Field Offices website; biological surveys for protected species listed for the
counties along the corridor. Concurrences from the USFWS was received on March 3, 2021 for Section C, April 15, 2021 for Section B.
Consultation Documentation Upload
20210303_Itr_USF WS_NCDOT_HO-0002C.pdf
20210415_Itr_USFWS_NCDOT_HO-0002B. pdf
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? *
NMFS county index
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
174.75KB
285.59KB

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?*
NEPA documentation. Though several sites near the project are eligible for the NRHP, there should be no impacts as long as the fiber optic line remains
within the existing DOT right of way.
7c. Historic or Prehistoric Information Upload
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:
No fill will be added due to installation of the broadband line.
8c. What source(s) did you use to make the floodplain determination?*
Crossing of multiple perennial waters
Miscellaneous
Comments
Miscellaneous attachments not previously requested.
SummHuc8.pdf 73.34KB
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:
Mack Christopher Rivenbark, III
Signature
Sign
Date
12/16/2021