20230113 Ver 1_ePCN Application_20230118

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:
1/18/2023
BIMS # Assigned * Version#*
20230113 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:[e-mail]
Information for Initial Review
la. Name of project:
All water crossings - Topsail Island
la. Who is the Primary Contact?*
Mary Laliberte
Reviewing Office*
Wilmington Regional Office - [phone]
lb. Primary Contact Email:* lc. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
1/18/2023
Nearest Body of Water
Atlantic Ocean
Basin
White Oak
Water Classification
SB
Site Coordinates
Latitude: Longitude:
34.491830 -77.423914
A. Processing Information
County (or Counties) where the project is located:
Pender
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)
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):
Regional General Permit (RGP) Number:
RGP Numbers (for multiple RGPS):
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:
lf. 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
1g. 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
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
Id. 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:
Brightspeed
2b. Deed book and page no.:
2c. Contact Person:
Alonza L. Mitchell
401 Water Quality Certification - Express
Riparian Buffer Authorization
Yes No
Yes No

2d. Address
Street Address
1528 Brimley Drive
Address Line 2
City
Greenville
Postal / Zip Code
27834
2e. Telephone Number:
[phone]
2g. Email Address: *
[e-mail]
C. Project Information and Prior Project History
State / Province / Region
North Carolina
Country
United States
2f. Fax Number:
1. Project Information
1 b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Town of Topsail Island
2. Project Identification
2a. Property Identification Number: 2b. Property size:
2c. Project Address
Street Address
Address Line 2
City
Postal / Zip Code
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
Atlantic Ocean
3b. Water Resources Classification of nearest receiving water: *
SB
3c. What river basin(s) is your project located in?*
White Oak
3d. Please provide the 12-digit HUC in which the project is located.
030203020303
4. Project Description and History
State / Province / 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:*
Public right of way
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:
4g. List the total estimated linear feet of all existing streams on the property:
1149
4h. Explain the purpose of the proposed project: *
Purpose of activity is to upgrade Brightspeed existing plant making communications more reliable and effective. Approximate start date is within 7 days of approved permit.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
Permit activity will be an aerial over -lash of fiber optic cable crossing each line with no impact to the waterways. Proposed work will be conducted with the use of an aerial truck with an
extending bucket. Underground proposed work will be HDD method placing HDPE conduit upland to upland.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No
Unknown

Comments:
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:
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
E. Impact Justification and Mitigation
1. Avoidance and Minimization
Buffers
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Permit activity will be an aerial over -lash of fiber optic cable crossing each line with no impact to the waterways. Proposed work will be conducted with
the use of an aerial truck with an extending bucket. Underground proposed work will be HDD method placing HDPE conduit upland to upland. No
wetlands to be impacted.
lb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Permit activity will be an aerial over -lash of fiber optic cable crossing each line with no impact to the waterways. Proposed work will be conducted with
the use of an aerial truck with an extending bucket. Underground proposed work will be HDD method placing HDPE conduit upland to upland. No
wetlands to be impacted.
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:
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:
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:

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.
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
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/A due to aerial linear footage and HDD method for underground placement.
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? *
N/A due to aerial linear footage and HDD method for underground placement.
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?*
N/A due to aerial linear footage and HDD method for underground placement.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
Yes No
8c. What source(s) did you use to make the floodplain determination?*
FEMA Floodplain Maps https://fema.gov/portal/search
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
ACOE-DEQ.pdf
File must be PDF or KMZ
Comments
Signature
By checking the box and signing below, I certify that:
1.47MB
• 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:
Mary Laliberte
Signature
Date
1/18/2023

Pender County
Town of Topsail Beach

Table of Contents
CoverSheet.................................................................................................................. 1
Tableof Contents......................................................................................................... 2
Pender County Water ways
Townof Topsail Beach.................................................................................. 3
Legend.......................................................................................................................... 4

New River Inlet Rd
Aerial
34.491830,-77.423914
Osprey Dr
Aerial
34.496114,-77.416624

Legend
Aerial Cable
"' Underground Cable
Misc