The URL can be used to link to this page

Home My WebLink About20140340 Ver 1_401 Application_20140414Quible Quible & Associates, P.C. ENGINEERING • ENVIRONMENTAL SCIENCES • PLANNING • SURVEYING SINCE 1959 March 31, 2014 Tracey Wheeler US Army Corps of Engineers 2407 W 51h Street Washington, NC 27889 Re: Nationwide 12 Permit Request CenturyLink Long Term Improvements (Phase II) To Pea Island Pea Island NWR, Dare County, North Carolina Ms. Wheeler: A P.O Drawer 870 Kitty Hawk, NC 27949 Phone: 252- 261 -3300 Fax. 252 -261 -1260 Web: quible.com Please find enclosed a Pre - Construction Notification form and associated documentation for utilities construction along the NC 12 Corridor on Pea Island. This notification is for those activities required to complete telephone line connections. Enclosed find the following: • Project Narrative • USGS Vicinity Map - Relevant Portion of USGS Topographic Quadrangle -Pea Island • Nationwide 12 Site Plans (Provided by Others) • PCN Application • Photographs • Agent Authorization Letter • Copy of the $240 Processing Fee Check to NCDENR Please do not hesitate to contact the undersigned at 252.261.3300 if you have any questions or requests for additional information. Sincerely, cc: Craig Clark, CenturyLink Jennifer Burdette, NC DWR WQP (five copies) Rod Medlin, Outsource Clay Willis, NC DOT file 2 0 1 4 0 3 4 0, Ark 2 2014 ►R wA rY v Project Narrative Utilities relocation was considered in the permits issued for Long Term Improvements (Phase II) to Pea Island on NC 12 North Carolina Division of Coastal Management (NCDENR) Permit #106 -12 and subsequent modifications, addresses utility relocation for the entire project However, there were no proposed impacts to Waters of the US associate with the relocation of CenturyLink's telephone lines The hired subcontractor, Lamberts Splicing, did not follow the permit conditions and impacted coastal wetlands as a result Impacts include use of machinery in wetlands (denoted as "Ruts" on the attached site plans -plans provided by CenturyLink's engineer) and termination of borings within coastal wetlands The attached Pre - Construction Notification (PCN) and accompanying information are for the proposed activities required to complete connections (connection of conduit and splicing) of the telephone conduit segments that were installed incorrectly (not according to permit specifications found in NC DCM Permit #106 -12) The impacts proposed (575, sf total spread out over eight locations as shown on the attached plans,) are temporary and'involve setting up splicing /connection stations, and subsequently burying the connections .by hand using shovels and conventional hand tools Per'instructions by USACE, areas noted as "Ruts" and "Spills" on the accompanying site plans are not included in this notification as requested impacts These impact areas are included and noted within the CAMA Permit modification that NC DOT is processing and are shown here for consistency only Based on NC DOT correspondence, there was an estimated 1,255 square feet of unauthorized coastal wetlands impacts that occurred during relocation of portions of the telephone conduit This PCN requests an additional 575 sf of temporary impacts to connect those conduits that have already been installed A table is provided as an,attachment, and for, your convenience, in addition to the square footages listed on the Nationwide 12 PCN All of the proposed impacts required'to connect the conduits already installed are noted on the attached plans (permit plan sets were designed by others and the notations of existing and proposed impacts shown were generated by others after discussions with NC DOT) Photographs of the existing conditions and a typical detail showing the footprint of the proposed work that will temporarily impact coastal wetlands as proposed are included with this PCN 5.5000000- VV 075.4916666' W 075.4833333- W 075.47 0 i. fl Ui r-1A wer(C) C') 00 Ft x wit ni irr Hc Ow JkR1 i k1, �,rQv�c is 7 `` nd Project r � t z �D 0 CD in r- LO CO Lf) Cl) iza L i W New Inle and Tempora -y Bridge Site rt 10 075.466666 \N 075.4666666'W GrI ) LO m I FA Ln 'Coo M M R 00 (q Lr) 'no] FA 0 0 0 O r- 1p Lr) Oml 'Coo] M Cl) M Cl) 0:) Lr) m z Ji ,t fl r-1A wer(C) C') 00 Ft x wit ni irr Hc Ow JkR1 i k1, �,rQv�c 7 `` r � t z �D 0 CD in r- Lf) Cl) iza L i Slue ' Ook -k U') Cl) t' , Ce I - , " ) . Y cial'r, Week Creed f Goulds Lump Begi Project z '_'U Ira f co— Declination N CN 14� 075.4916666- W 075.4833333- W 075.4750000' W SCALE 1:24000 0 -- -- - 1000 -- 2000 3000 - 4000 6000__ FEET GN 0.28'W MN 10.86'W 075.466666 \N 075.4666666'W GrI ) LO m I FA Ln 'Coo M M R 00 (q Lr) 'no] FA 0 0 0 O r- 1p Lr) Oml 'Coo] M Cl) M Cl) 0:) Lr) m f cu a� J 0 WjA TF�9OG P Nii� Y �9- 20 1 4U 640 Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Page 1 of 10 PCN Form — Version 1.4 January 2009 Pre - Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: ❑X Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 12 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? X❑ Yes ❑ No 1d. Type(s) of approval sought from the DWQ (check all that apply): 0 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ❑X No For the record only for Corps Permit: ❑ Yes ❑X No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes ❑X No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h below. Yes ❑ No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? X❑ Yes ❑ No 2. Project Information 2a. Name of project: Relocate Telephone Facilities along NC 12 Pea Island 2b. County: Dare 2c. Nearest municipality / town: Nags Head, NC 27959 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: WBS# 32635.3.FR6 B -2500A 3. Owner Information 3a. Name(s) on Recorded Deed: United States of America 3b. Deed Book and Page No. None 3c. Responsible Party (for LLC if applicable): US Government 3d. Street address: 21 11 1 A NC 12 Hwy 3e. City, state, zip: 3f. Telephone no.: 3g. Fax no.: 3h. Email address: Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a Applicant is ❑X Agent ❑ Other, specify 4b Name Craig Clark, Manager Engineering & Construction 4c Business,name (if applicable) Centurylink 4d Street address 1875 N 20th St 4e City, state,, zip- Morehead City, NC 4f Telephone no 252- 247 -2000 4g Fax no 252- 726 -0236 4h, Email address, craig cark@centurylink corn 5. Agent /Consultant Information (if applicable) 5a Name Warren Dennis Eadus 5b 'Business name (if applicable) Quible & Associates, P C 5c Street address 8 Juniper Trail 5d City, state, zip Southern Shores, NC`27949 5e Telephone no, 252 261 3300 5f Fax no 252 261 1260 5g Email address weadus @quible corn Page 2of10 B. Project Information and Prior Project History 1 Property Identification 1a Property identification no (tax PIN or parcel ID) lb Site coordinates (in decimal degrees) Latitude 35 2432 Longitude 75 173 1c Property size 5 509 acres 2. Surface Waters 2a Name of nearest body of water to proposed project Pamlico Sound 2b Water Quality Classification of nearest receiving water SA 2c River basin Pasquotank 3. Project Description 3a Describe the existing conditions on the site and the general' land use in the vicinity of the project at the time of this application Undeveloped scrub shrub estuarine flats and open Section 404 wetlands dominated by 3b List the total estimated acreage of all existing wetlands on the property 500 3c List'the1otal,estimated linea "r'feet of all existing streams (intermittent and perennial) on the property 4,800 3d Explain the purpose of the proposed project Relocate telephone infrastructure consisting of copper and fiber optic buried cable 3e Describe the overall project in detail, including the type of equipment to be used Excavation by hand with shovel only Soil will be placed on a tarp and returned to pits after splicing is completed Soil will not be tamped or compress 4. Jurisdictional Determinations 4a Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? 0 Yes ❑ No ❑ Unknown Comments 4b lfthe Corps made the jurisdictional determination, what type of determination was made? ❑ Preliminary Q Final 4c If yes, who delineated the jurisdictional areas? Name (if known) Lorn Lalibertta Boswell Agency /Consultant Company CzR, Inc Other - 4d If yes, list the dates of the Corps jurisdictional determination_ s or State determinations and attach documentation 18 -OCT -2012 5. Project History 5a Have permits or-certifications been requested or obtained for this,project (including all prior phases),in the past? El Yes X❑ No ❑ Unknown 5b If yes, explain in detail according to "help file" instructions 6. Future Project Plans 6a Is this,a phased project? ❑ Yes ❑X No 6b Ifyes, explain Page 3 of 10 PCN Form — Version 1 4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary la Which sections were completed below for your project (check all that apply) X❑ Wetlands ❑ Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted 2a Wetland impact -number Permanent (P) or Temporary T 2b Type of impact 2c Type of wetland 2d Forested 2e Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f Area of impact - (acres) W1 T Excavation Tidal Freshwater Marsh No Corps 00029 W2 T Excavation Tidal Freshwater Marsh No Corps 00023 W3 T Excavation Tidal Freshwater Marsh No Corps 000115 W4 T Excavation Tidal Freshwater Marsh No Corps 0 0011'5 W5 T Excavation Tidal Freshwater Marsh No Corps 000115 W6 T Excavation Tidal Freshwater Marsh No Corps 0 023 2g Total Wetland Impacts: 2h Comments All areas are Coastal Marsh W7 T Excavation Tidal Freshwater Marsh Non Forested Corps 0 00115 Acres W8 T Excavation Tidal Freshwater Marsh Non Forested Corps 0 00115 Acres 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted 3a Stream impact number Permanent,(P) or Temporary (T) 3b Type of impact 3c Stream name 3d Perennial (PER) or intermittent (INT)? 3e Type of jurisdiction 3f Average stream width (feet) 3g Impact length (linear feet) S1 Choose one S2 Choose one - S3 Choose one S4 Choose one S5 Choose one S6 Choose one 3h Total stream and tributary impacts 31 Comments Page 4 of 1,0 PCN Form — Version 1 4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U S then indiv ually list all o en'water impacts below 4a Open water impact number Permanent (P) or Temporary T 4b Name of waterbody (if applicable) 4c Type of impact 4d Waterbody type 4e Area of impact (acres) 01 Choose one Choose 02 Choose one Choose 03 Choose one Choose 04 Choose one Choose 4f Total open water impacts 4g Comments 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below 5a Pond ID number 5b Proposed use or purpose of pond 5c Wetland Impacts (acres) 5d Stream Impacts (feet) 5e Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f Total: 5g Comments 5h Is a dam high hazard permit required? ❑ Yes ® No If yes, permit ID no 51 Expected pond surface area (acres) 5j Size of pond watershed (acres) 5k Method of construction 6. Buffer Impacts (for DWQ) If,prolect will impact a protected riparian buffer, then complete the chart below If yes, then individually list all buffer impacts below If any impacts require mite ation, then vou MUST fill out Section D of this form 6a. Project is in which protected basin? ❑ Neuse ❑ Tar - Pamlico ❑ Catawba ❑ Randleman ❑ Other 6b Buffer Impact number — Permanent (P) or Temporary T 6c Reason for impact 6d Stream name 6e Buffer mitigation required? 6f Zone 1 impact (square feet ) 6g Zone 2 impact (square feet 131 Yes /No B2 Yes /No B3 Yes /No B4 Yes/No B5 Yes /Nb B6 Yes /No 6h Total Buffer Impacts: 61 Comments Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a Specifically describe measures taken to avoid or minimize the proposed impacts in designing project All work -will be performed by hand Excavated soils will be placed on tarps and placed back m, excavation 1b Specifically describe measures taken,to avoid or minimize the proposed Impacts through construction techniques Hand excavation only Soil removed will be placed on tarp, No compression or tamping when backfilling 2. Com ensator rY 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 ❑X No 2b If yes, mitigation Is required by (check all that apply) ❑ DWQ ❑ Corps 2c If yes, which mitigation option will be used for this project'? ❑ Mitigation bank ❑ Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a Name of Mitigation Bank 3b Credits Purchased (attach receipt and letter) Type Choose one Type Choose one Type Choose one Quantity Quantity Quantity 3c 'Comments 4. Complete lete if Making,a Payment to In -lieu Fee Program 4a Approval,letter from in-'lieu fee program is attached ❑ Yes 4b Stream mitigation requested linear feet 4c If using stream mitigation, stream temperature Choose one 4d Buffer mitigation requested (DWQ only) square feet 4e Riparian wetland mitigation requested acres 4f Non - riparian wetland mitigation requested acres 4g Coastal (tidal) wetland mitigation requested acres 4h Comments 5. Complete if Using a Permlttee Responsible Mitigation Plan 5a If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan Page 6 of 10 PCN Form — Version 1 4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? Yes X No 6b If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation Calculate the amount of mitigation required Zone 6c Reason for impact 6d Total impact (square feet) Multiplier 6e Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1 5 6f Total buffer mitigation required: 6g, If buffer mitigation is required, discuss what•type of mitigation is proposed (e g , payment to ; private mitigation bank, permittee responsible riparian' buffer restoration, payment into an approved in -lieu fee fund) 6h Comments Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1 Diffuse Flow Plan 1a Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ❑X No within one of the NC Riparian Buffer Protection Rules? lb If yes, then Is a diffuse flow plan Included? If no, explain why ❑ Yes ❑ No 2. Stormwater Management Plan 2a What Is the overall percent Imperviousness of this project? 0 2b Does this project require a Stormwater Management Plan? ❑'Y,es 0 No 2c If`this project DOES NOT require a Stormwater Management Plan, explain why Temporary impacts only with no impervious or improved surfaces of any kind 2d If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan NA 2e Who will be responsible for the review of the Stormwater Management Plan? NA 3. Certified Local Government, Stormwater Review 3& In which local governments jurisdiction Is this project? NA ❑ Phase II ❑ NSW 3b Which of the following locally - Implemented stormwater management programs ❑ USMP apply (check all,that apply) ❑ Water Supply Watershed ❑ Other 3c Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 4. DWQ Stormwater Program Review ❑Coastal counties ❑HQW 4a Which of the following state - Implemented stormwater management programs apply ❑ORW (check all that apply) ❑Session Law 2006 -246 []Other 4b Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 5. DWQ 401 Unit Stormwater Review 5a Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN Form — Version 1 4 January 2009 F. Supplementary Information 1 Environmental Documentation (DWQ Requirement) 1a Does the project involve an expenditure of public (federal /state /local) funds or,the ❑X Yes ❑ No use of public (federal /state) land? 1b 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 ❑Yes ® No (North Carolina) Environmental Policy Act (NEPA'/SEPA)? 1'c If "you answered "yes" to the,above, has the document °review been finalized' by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ® Yes ❑ No letter ) SEPA for,overall project'approved and EIS issued This work scope is proposed to Comments take place within existing utility easements within the National Wildlife Refuge 2. Violations (DWQ Requirement) 2a Is the site in violation of DWQ Wetland Rules (15A NCAC 2H 0500), Isolated Wetland Rules (15A NCAC 2H 1300), DWQ Surface Water or Wetland Standards, ❑ Yes ❑ No or Riparian Buffer Rules (15A NCAC 2B 0200)? 2b Is this.an after - the -fact permit application? ❑ Yes X❑ No 2c If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s) This application involves impacts required to relocate buried telephone cables for NCDOT project B -2500A Utilities relocation efforts were addressed in the CAMA Permits issued for this project However, dunng the installation of telephone lines the, contractor impacted coastal wetlands with machinery, term inated'borings in coastal wetlands and;leaked drilling fluid and oils in coastal wetlands This notification is limited to those activities required to complete4he necessary connections as noted on the site plans and as detailed ^in the project narrative 3. Cumulative Impacts (DWQ Requirement) 3a Will this project (based on past and reasonably anticipated future Impacts) result In ❑ Yes ® No additional development, which could Impact' nearby downstream water quality? 3b If,you answered "`yes" to the above, submit a qualitative or quantitative�cumulative Impact analysis In accordance with the most recent DWQ policy If you answered "no," provide a short narrative description NA 4. Sewage Disposal (DWQ Requirement) 4a Clearly detail the ultimate treatment methods and disposition (non - discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility NA Page 9 of 10 PCN Form — Version 1 4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes ❑ No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑X Yes ❑ No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? A Section 7 Consultation was performed as part of the formal federally listed species assessment conducted in 2008. As per discussions with Gary Jordan USFWS, and provided that the proposed activities stay within existing granted ROW's, the proposed work will have "no effect ". 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ❑X No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? All proposed work will occur within wetlands not directly abutting open waters of the Pamlico Sound. All proposed temporary impacts will occur within existing utilities easements with do direct impact to EFH. 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 Yes ❑ No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? Pea Island National Wildlife Refuge listed as Significant Natural Heritage Area. All proposed temporary impacts will occur within existing utilities easements. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA- designated 100 -year floodplain? X❑ Yes ❑ No 8b. If yes, explain how project meets FEMA requirements: These types of temporary impacts are allowed within the 100 year floodplain. 8c. What source(s) did you use to make the floodplain determination? Dare County GIS website, FEMA website Warren Dennis Eadus�� f l Applicant /Agent's Printed Name Date V Ap Hcan nt's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 10 of 10 Q O Q Q Q Q Q Q Q Q Q L Q O 7 -p Q O Q O Q O Q O Q O Q O Q c Q Q Q Q Q Q 4- O +1 3 a+ 7 �_ 7 4- 7 ±+ 7 +_+ 7 C O C C C C C C U ai X U U u U u U Ln N �I N m to O 0 O Ln O Ln O Ln O 0 O in O Ln Ln � Li ,Q I � v m t O O O O O O O O i tw Ln N O e-1 O c-i O c l O r q O N O a l O -1 Q a Gl J _ � O 0 •> L O O O O O O O O .a Ln 0, Ln Ln Ln Ln Ln L(1 L U 1 N i o s p, 10, Ln , O + O + O `+, O Ln O + Ln 1 m 00 O l-0 oN0 u J 000 000 O O QN1 O m eN-i m m m C) C O V L X LU E 3 z O u C. _N E m > > > > > > > > > > > � � 0 N r-I M M IZT N r-I O N M M 0 N c-i m m a a m a 7 �� ai Y .�- OC ^ O � U m 6 7 O b a � a s< JN v 0 N -4 m m Agent Authorization Form Date March 25, 2014 Name of Property Owner(s) Applying for Permit _Centurylink Types of Permits Sought- NW -12 By signature below I do hereby certify that I have the authority and duly authorize Quible & Associates, P.'C to act on my behalf'for purposes of applying for and obtaining any and all necessary permits for my property located at NC 12 on Pea Island Wildlife Refuge in the area adjacent to NCDOT project B- 2500A_ _Dare County, NC This certification is valid until: Dec 31, 2014 Sincerely, Craig Clark Manager - Engineering & Construction Centurylink 1875 N 20th St Morehead City, NC 28557