20230220 Ver 1_ePCN Application_20230208

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:
12/13/2022
BIMS # Assigned* Version#*
20230220 1
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Raleigh Regional Office - [phone]
Information for Initial Review
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Zachary Thomas:eads\ztthomas
la. Name of project:
Duke Energy Millburnie-Person Line UT Crab Creek Bank Stabilization
la. Who is the Primary Contact?*
Jennings Environmental, PLLC, David Brown
1 b. Primary Contact Email:* lc. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
2/8/2023
Nearest Body of Water
UT Crab Creek
Basin
Neuse
Water Classification
C; NSW
Site Coordinates
Latitude: Longitude:
35.79528 -78.55474
A. Processing Information
County (or Counties) where the project is located:
Wake
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: 13 - Bank Stabilization
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
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:
Duke Energy Progress, LLC
2b. Deed book and page no.:
Utility Right -of -Way
2c. Contact Person:
Josh Witherspoon
2d. Address
Street Address
410 S. Wilmington Street, NCRH 3
Address Line 2
City
Raleigh
Postal /Zip Code
27601
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
NC
Country
USA
Yes No
Yes No

2e. Telephone Number: 2f. Fax Number:
[phone]
2g. Email Address: *
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
David Brown, PG
4b. Business Name:
Jennings Environmental, PLLC
4c. Address
Street Address
7 Samuel Ashe Drive
Address Line 2
City
Asheville
Postal / Zip Code
28805
4d. Telephone Number:
[phone]
4f. Email Address: *
[e-mail]
C. Project Information and Prior Project History
State / Province / Region
NC
Country
USA
4e. Fax Number:
1. Project Information
1b. Subdivision name:
(if appropriate)
lc. Nearest municipality / town:
Releigh
2. Project Identification
2a. Property Identification Number:
1734-14-9694
2c. Project Address
Street Address
4713 Rhyne Court
Address Line 2
City
Releigh
Postal / Zip Code
27610
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
UT Crab Creek
3b. Water Resources Classification of nearest receiving water: *
C; NSW
3c. What river basin(s) is your project located in?*
Neuse
3d. Please provide the 12-digit HUC in which the project is located.
Upper Neuse 03020201
4. Project Description and History
2b. Property size:
1.63
State / Province / Region
NC
Country
USA
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 site is within the Duke Energy Milburnie-Person 230 kV power transmission line right-of-way. The land use in the vicinity of the property is urban residential, commercial, and
undeveloped open and forested tracts. The project site consists of an approximate 0.94-acre portion of the power line right -of way along a UT of Crab Creek. The existing stream banks of
the UT at the project site are incised, undercut, eroding, and undermining the foundation of a power line tower. The drainage area at the project site is approximately 0.67 square miles.
See attached existing conditions photographs and USGS StreamStats report.

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:
None
4g. List the total estimated linear feet of all existing streams on the property:
400 UT Crab Creek
4h. Explain the purpose of the proposed project:*
Ongoing bank erosion is causing land loss and has encroached toward the foundation of a power line tower. Sediment is being exported to downstream surface waters and degrading
water quality and aquatic habitats. The project will stabilize stream banks, re -vegetate the stream buffer, and provide protection to the power line tower foundation.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The project will stabilize the stream banks and protect the foundation of the power line tower. Boulder toe protection and geolifts planted with with native herbaceous seed mix and shrubs
will be installed along the stream banks. Biodegradable erosion control matting will be installed on all graded slopes. A permanent native herbaceous and woody shrub buffer will be
planted along the stream bank to promote long-term soil stability and water quality benefits.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No
Comments:
A field survey of the project area was conducted to locate streams and wetlands. The purpose of the
survey was to make an effective analysis of the presence of waters and wetlands within the project
area in order determine proposed impacts to these aquatic features. Jennings Environmental is not
requesting the Corps make a jurisdiction determination of the aquatic features in the project area.
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
Unknown
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
3. Stream Impacts
Streams -tributaries
Pond Construction
O Buffers
U
3a. Reason for impact (9)
3b.Impact type*
3c. Type of impact*
3d. S. name*
3e. Stream Type*
(?)
3f. Type of
Jurisdiction*
3g. S. width
3h. Impact
length*
Si
Stream bank stabilization
Permanent
Bank Stabilization
UT Crab Creek
Perennial
Corps
8
Average (feet)
208
(linear feet)
S2
Temporary pump -around
Temporary
Dewatering
UT Crab Creek
Perennial
Corps
8
Average (feet)
10
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
208
3i. Total temporary stream impacts:
10
3i. Total stream and ditch impacts:
218

3j. Comments:
6. Buffer Impacts (for DWR)
6a. Project is in which protect basin(s)?
Check all that apply.
Neuse
Catawba
Goose Creek
Other
Tar -Pamlico
Randleman
Jordan Lake
6b. Impact Type
6c. Per or Temp
6d. Stream name
6e. Buffer mitigation required?
6f. Zone 1 impact
6g. Zone 2 impact
Temporary
T
UT Crab Creek
No
13,418
5,824
6h. Total buffer impacts:
Total Temporary impacts:
Total Permanent impacts:
..................................
Total combined buffer impacts:
6i. Comments:
Zone 1
13,418.00
Zone 1
0.00
Zone 2
5,824.00
Zone 2
0.00
Zone 1 Zone 2
13,418.00
5,824.00
The project involves 0.048-ac of stream impacts; temporary buffer zone 1 impacts are 0.308-ac; temporary buffer zone 2 impacts are 0.133-ac. See
sheet X.X of the submitted plans for details.
The project site is located in the Neuse Basin Buffer. The existing utility line was present prior to July 22, 1997 and this utility RoW use has been on-
going since that date. Also, the project activities do not change the existing power utility usage.
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:
As this project is a stream bank stabilization project, it is impossible to completely avoid impacts to waters. However, considerations were made to
minimize disturbance to the extent necessary to provide appropriate functional uplift to aquatic resources and protect the foundation of the power line
tower.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Appropriately sized equipment will be utilized to minimize soil compaction and access grading. Scheduling and staging of equipment and materials will
be timed to minimize time spent working in the active stream channel. Ground/soil disturbance will be minimized to the extent possible.
Work will be conducted in the existing channel and will utilize a pump or pipe around system in order divert flows away from active work areas. Also,
construction impacts will be minimized by limiting in -channel work to low -flow conditions and working from the stream banks where possible.
Graded stream banks will be stabilized by using a native seed mix, straw mulch, and biodegradable erosion control matting. Areas will be stabilized
within 3 working days of bank grading completion. Following construction activities, the site will be planted with native riparian vegetation to establish a
natural stream buffer. Erosion control matting that incorporates plastic mesh and/or plastic twine will not be used within stream channel(s) or along
stream banks.
Any discharge associated with the proposed impacts would consist of suitable clean fill material (no trash, asphalt, etc.). The fill material would also be
free of pollutants in toxic amounts. Proper sediment and erosion control devices would be installed prior to and during construction. Downstream turbidity
levels will likely increase during construction but would subside upon completion of in -stream work. The project will not require review and approval of an
erosion and sediment control plan.
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 project objective is to stabilize eroding stream banks in order to gain a more natural functioning stream reach and provide protection for the foundation of the power line tower. The
project will result in permanent impacts to waters, but these impacts will not result in a permanent loss of waters that require 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
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
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:
Stream bank stabilization project. No impervious area(s) are proposed as part of this project.
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.
Project will not result in change in adjacent land uses.
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
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?
Jennings Environmental reviewed the latest versions of NC Natural Heritage Program data on element occurrences for listed species and USFWS online
interactive mapping and species occurrence datasets (IPaC, county species lists, etc.) to determine the likelihood for the presence of federally listed
species and/or their critical in the project area. No listed federally endangered/threatened species were located in/near project site and no suitable
habitat exists based upon information submitted to date.
The project is not located near any known occurrences of hibernacula or maternity roost sites for listed bat species. Onsite evaluations conducted in
November 2022 indicated there are no caves, no cave like features, no sizeable rock cervices, and no out -buildings within the project area which may
provide roosting habitat.
Consideration of potential effects to listed bats assumes the presence of the species, even though it is not known if the species actually occur in the
project area. There are no forested areas within the project area. No trees will be removed/cut for this project.
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? *
NOAA EFH Mapper
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?*
Jennings Environmental has reviewed NCDCR maps and online data. There are no known historic resources identified in the project area.
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:
The project will not result in BFE increases and the appropriate local floodplain agency will be notified.
8c. What source(s) did you use to make the floodplain determination?*
NCFRIS
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
401 Pre -filing Request.pdf 1.33MB
3304_MILBURNIE_PERSON_STR288_PRELIM_DRAWING_06FEB2023.pdf 7.47MB
Agent Authorization Form_Signed.pdf 238.13KB
IPaC Species List Milburine Site.pdf 758.39KB
Parcel Info.pdf 132.35KB
Parcel Map.pdf 1.65MB
Site Photos and Figures.pdf 5.9MB
Soil Map.pdf 437.8KB
StreamStats.pdf 458.28KB
File must be PDF or KMZ
Comments
As noted in Section D, Part 6, the project site is located in the Neuse Basin Buffer. The existing utility line was present prior to July 22, 1997 and this utility RoW use has been on -going
since that date. Also, the project activities do not change the existing power utility usage. Therefore, the project activities are exempt from the Neuse Basin Buffer rule.
Supporting Attachments:
Agent Authorization Form
Permit Design Drawings/Plans
Existing Condition Photographs
USGS StreamStats
Soil Map
401 Pre -filing Meeting Request
Parcel Map and Info
USFWS IPaC
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:
David Brown
Signature
PA-ViPfi,LOw/
Date
2/8/2023