20221410 Ver 1_ePCN Application_20221010

DWR
Division of Water Resources
Initial Review
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
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.
Pre -Filing Meeting Date Request was submitted on:
10/10/2022
BIMS # Assigned* Version#*
20221410 1
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Select Project Reviewer*
Holley Snider:eads\hasnider
Information for Initial Review
la. Name of project:
COURTESY COPY Brunswick County Fiber Optic
la. Who is the Primary Contact?*
Jon Swaim
Reviewing Office*
Wilmington Regional Office - [phone]
lb. Primary Contact Email:* lc. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
10/10/2022
Nearest Body of Water
Town Creek, Lilliput Creek
Basin
Cape Fear
Water Classification
C, Sw
Site Coordinates
Latitude: Longitude:
34.075389, 34.136594 -77.955243, -77.987152
A. Processing Information
County (or Counties) where the project is located:
Brunswick
Is this a NCDMS Project
Yes No
Is this project a public transportation project? *
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)
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: 57 - Electric Utility Line and Telecommunications Activities — (frequently used)
NWP Numbers (for multiple NWPS):
ld. 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
1 h. Is the project located in any of NC's twenty coastal counties?
Yes No
1 i. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
Yes
401 Water Quality Certification - Express
Riparian Buffer Authorization
No Unknown
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:
N/A - NCDOT Utility ROW
2b. Deed book and page no.:
N/A
2c. Contact Person:
Ross Bradley - Regional Manager, FNC, Byers Engineering Company
2d. Address
Street Address
710 South Marietta Street
Address Line 2
City
Gastonia
Postal / Zip Code
28052
State / Province / Region
NC
Country
United States
Yes No
Yes No
2e. Telephone Number: 2f. Fax Number:
[phone]

2g. Email Address: *
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Jon Swaim
4b. Business Name:
McGill Associates, PA
4c. Address
Street Address
1240 19th Street Lane NW
Address Line 2
City
Hickory
Postal / Zip Code
28601
4d. Telephone Number:
[phone]
4f. Email Address: *
[e-mail]
C. Project Information and Prior Project History
State / Province / Region
North Carolina
Country
United States
4e. Fax Number:
1. Project Information
1 b. Subdivision name:
(if appropriate)
N/A
lc. Nearest municipality / town:
Southport
2. Project Identification
2a. Property Identification Number:
N/A
2c. Project Address
Street Address
N/A NCDOT Utility ROW
Address Line 2
City
Southport
Postal / Zip Code
28461
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
Town Creek, Lilliput 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.
030300050603, 030300050701
4. Project Description and History
2b. Property size:
N/A
State / Province / Region
North Carolina
Country
United States
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 proposed fiber optic line project area is composed of road right of way (ROW) corridors along NC Highway 133/River Road that are owned and maintained by NCDOT. Land use in the
general vicinity of the proposed project is forested land, commercial, and residential.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? *
Yes No Unknown

4f. List the total estimated acreage of all existing wetlands on the property:
0.5531
4g. List the total estimated linear feet of all existing streams on the property:
0.2817 Acreage
4h. Explain the purpose of the proposed project: *
The purpose of the proposed project is to install fiber optic utility line into unserved and underserved rural areas of Brunswick County, North Carolina.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The project consists of the construction of fiber optic cable that will run primarily within previously disturbed and maintained NCDOT ROW parallel to NC Highway 133/River Road. The
installation method of open cut trench and directional bore minimizes impacts to existing infrastructure and maximizes the ability to avoid and/or minimize disturbances to jurisdictional and
forested areas.
The fiber optic line will be directionally bored under all wetlands, streams, roads, and forested areas. For each bore, there will be a 4' x 4' x 4' bore pit and a 4' x 4' x 4' receiving pit (see
Appendix 1 for attached plans). All bore pits/receiving pits will be excavated in upland areas to avoid impacts to jurisdictional waters. The bore will be a minimum of 10 feet below Town
Creek and Lilliput Creek Section 10 Rivers and a minimum of 2 feet below all other wetlands and streams. See Plan Sheets. All material and equipment will be stored in uplands. Due to
design requirements, two 5' x 4' (20 square feet each) handholes will be constructed in wetland areas (See Appendix 1 - for attached Plan Sheets 24 & 79). See attached Plan Sheet C4
for Handhole Details. Each handhole will result in 40 square feet of permanent impacts to wetlands. Any additional wetland area impacted during handhole installation will be stabilized
with native seed and mulched. It is anticipated that no trees will be removed during the proposed project. The proposed project is not anticipated to have secondary and cumulative
impacts to jurisdictional features post construction.
CAMA permitting is currently underway for the proposed crossing of Town Creek and Lilliput Creek.
Typical equipment used includes bucket trucks, trenchers, and cable pullers or plows.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes
Comments:
See Appendix 2 for PJD
No Unknown
5b. If the Corps made a jurisdictional determination, what type of determination was made? *
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
N/A
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Jon Swaim/Alex Lowdermilk
Agency/Consultant Company: McGill Associates, PA
Other: Site Visit: 9/12/2022 - 9/14/2022
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 Streams -tributaries
Open Waters Pond Construction
2. Wetland Impacts
Buffers
2a. Site #* (?)
2a1 Reason (?)
2b. Impact type*(?)
2c. Type of W.*
2d. W. name
2e. Forested*
2f. Type of Jurisdicition*
(?)
2g. Impact
area*
Sheets 24 & 79
Fill
P
Bottomland Hardwood Forest
Sheets 24 & 79
No
Both
0.001
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.001
2g. Total Permanent Wetland Impact
0.001

2i. Comments:
Two 5' x 4' (20 square feet each) handholes will be constructed in wetland areas (See Appendix 1 for Plan Sheets 24 & 79). See attached Plan Sheet C4
for Handhole Details. Both handholes will result in 40 square feet of permanent impacts. Impact total for handhole installation is approximately 0.001-
acres, which falls well below the threshold for written approval.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The applicant will directionally bore the line under all streams and wetlands to avoid impacts to these resources. All proposed fiber optic cable will run
within previously disturbed and maintained NCDOT ROW parallel to the road. This construction method minimizes impacts to existing infrastructure and
maximizes the ability to avoid and minimize disturbances in accordance with state and federal environmental policy.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Utility line, bore pit, and handhole installation disturbed areas will be immediately stabilized upon completion with a riparian seed mix and mulch.
Equipment access and material storage will be limited to upland areas.
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:
The proposed project work does not exceed any of the thresholds required for compensatory 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
If no, explain why:
The project is located in the Cape Fear River Basin which is not subject to Riparian Buffer Protection Rules.
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:
Total impact area associated with the proposed project will not exceed 1-acre. An Erosion and Sediment Control permit approval is not required.
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
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.
No additional development anticipated as a result of the proposed project.
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
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
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?
https://ecos.fws.gov/ipac/ (See Appendix 4 - IPAC)
McGill Associates, P.A. found no occurrences of threatened and endangered species during the site inspection on 9/12/2022 - 9/14/2022. All proposed
fiber optic cable will run within previously disturbed and maintained NCDOT ROW parallel to the road. This construction method minimizes impacts to
existing infrastructure and maximizes the ability to avoid and minimize disturbances in accordance with state and federal environmental policy. It is
anticipated that no trees will be removed during the proposed project. All 40 handhole locations will be within the previously disturbed NCDOT ROW.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
Yes No
Are there submerged aquatic vegetation (SAV) around the project vicinity?*
Yes
Will this project affect submerged aquatic vegetation?*
Yes
No
Unknown
Explain
No Unknown
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? *
https://www.fisheries. noaa.gov/resource/map/essential-fish-habitat-mapper
Utility line proposed to be installed via directional bore for all stream crossings. No impacts to streams are anticipated as a result of the proposed project.
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?*
http://gis.ncdcr.gov/hpoweb/ - See Appendix 3 - NCHPO Map
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:
Engineer will ensure the project meets any floodplain development requirements
8c. What source(s) did you use to make the floodplain determination?*
https://fris.nc.gov
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.
Click the upload button or drag and drop files here to attach document
File must be PDF or KMZ
Comments
Project plans, figures, and maps file size was too large to upload. All files are available to be downloaded from the McGill Associates FTP site.
Link to files - https://file.ac/ODUmoCKxJag/
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:
Jon Swaim
Signature
(�GYG (JrAf1i5G
Date
10/10/2022