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HomeMy WebLinkAbout20230465 Ver 1_ePCN Application_20230328DW R DHlsloo of Water Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) April 13, 2022 Ver 4.3 Initial Review 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: 3/28/2023 BIMS # Assigned 20230465 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Select Project Reviewer* Holley Snider:Holley.Snider@ncdenr.gov Information for Initial Review 1a. Name of project: Hampstead Point -Of -Delivery 1a. Who is the Primary Contact?* Dolores Hong 1b. Primary Contact Email: * D.Hong@booth-assoc.com Date Submitted 3/28/2023 Nearest Body of Water Harrisons Creek Basin Cape Fear Water Classification C;SW Site Coordinates Latitude: 34.371867 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Ponder Is this a NCDMS Project Yes No Longitude: -77.781931 Version#* 1 Reviewing Office* Wilmington Regional Office - (910) 796-7215 1c. Primary Contact Phone:* (919)851-8770 Is this project a public transportation project?* Yes No 1a.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 Please provide the date of the previous submission. 6/27/2022 1b. What type(s) of permit(s) do you wish to seek authorization? Nationwide Permit (NWP) Regional General Permit (RGP) Standard (IP) 1c. Has the NWP or GP number been verified by the Corps? Yes No Are you a federal applicant?* Yes No If yes, please provide a statement concerning compliance with the Coastal Zone Management Act.* NA Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular Non-404 Jurisdictional General Permit Individual 401 Water Quality Certification 401 Water Quality Certification - Express Riparian Buffer Authorization le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: Yes No For the record only for Corps Permit: Yes No 1f. Is this an after -the -fact permit application? * Yes No 1g. 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 1h. Is the project located in any of NC's twenty coastal counties? Yes No 1i. Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes No Unknown 1j. Is the project located in a designated trout watershed? Yes No B. Applicant Information 1d. 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: Four County EMC 2b. Deed book and page no.: 4771/679 2c. Contact Person: Gregg Cohn 2d. Address Street Address 1822 NC 53 West Address Line 2 City Burgaw Postal / Zip Code 28425 2e. Telephone Number: (910)259-1852 2g. Email Address:* greggcohn@fourcty.org 3. Applicant Information (if different from owner) 3a. Name: Dolores Hong 3b. Business Name: Booth & Associates 3c.Address Street Address 2300 Rexwoods Drive Address Line 2 Suite 300 city Raleigh Postal / Zip Code 27607 3d. Telephone Number: (919)851-8770 3f. Email Address:* d.hong@booth-assoc.com 4. Agent/Consultant (if applicable) 4a. Name: Dolores Hong 4b. Business Name: Booth & Associates 4c.Address Street Address 2300 Rexwoods Drive Address Line 2 Suite 300 city Raleigh Postal / Zip Code 27607 4d. Telephone Number: (919)851-8770 0. Email Address:* d.hong@booth-assoc.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Rocky Point State / Province / Region North Carolina Country Fender 2f. Fax Number: State / Province / Region North Carolina Country Wake 3e. Fax Number: State / Province / Region North Carolina Country Wake 4e. Fax Number: O 2. Project Identification 2a. Property Identification Number: 3262-78-4633-0000 2b. Property size: 8.427 2c. Project Address Street Address 1450-1622 Island Creek Road Address Line 2 city Rocky Point Postal / Zip Code 28457 3. Surface Waters 3a. Name of the nearest body of water to proposed project:" Harrisons 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. 030300070804 4. Project Description and History State / Province / Region North Carolina Country Fender 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 project site is located on the south side of Island Creek Road (SR1002), approximately 5 miles west of the intersection of US 17 and NC 210 in Hampstead, North Carolina and the western edge of the site is adjacent to the Fender EMS and Fire Station 28 located at 1060-1622 State Rd 1002, Hampstead, NC 28443. The proposed site access road will connect directly with Island Creek Road (34.375199, - 77.784037), across the road from the Wylie Branch Subdivision (Habersham Avenue, Rocky Point, NC 28457; 34.375701,-77.783511; not shown on Figure 1). The access road will cross an existing right-of-way (ROW) and ditch along the south side of Island Creek Road. The site is bounded on the south by the Duke Energy/Carolina Power and Light Transmission right-of-way (ROW). This ROW intersects with Duke Energy dirt road (34.372128,-77.778970) that connects with Island Creek Road (34.376596,-77.780952). Topography of the area is generally flat. Elevations in the study area range from 34 feet above mean sea level (MSL) to a high of approximately 38 feet above MSL based on a review of USGS topographic maps. The NRCS Soil Survey of Pander County depicts three mapped soil units in the study area, Baymeade fine sand, Torhunta mucky fine sandy loam, and Woodington fine sandy loam. Torhunta mucky fine sandy loam and Woodington fine sandy loam are hydric soil mapping units. Baymeade fine sand is a non-hydric soil mapping unit that may contain inclusions of hydric soils. Approximately 7.9 acres of the 8.427-acre site are forested and the canopy is dominated by a mixture of longleaf pine (Pinus palustris) and loblolly pine (Pinus taeda). The understory and midstory vegetation vary from open to moderately dense. Individual pines ranged from 6 to 19 inches in diameter (DBH). Canopy was estimated to have greater than 90 % cover of pine species that are a least 30 years old and include some greater than 60 years old. Portion of some forested areas have been influenced by silvicultural practices. The southern portion of the project area includes an existing powerline clearing and easement that is composed of a non -forested landscape and dominated by a mixture of herbaceous vegetation. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? * Yes No Unknown 4b(2). Is Any Portion of the Work Already Complete?* Yes No If yes, describe the completed work. NA 4c. List of Other Certificates or Approvals/Denials received from other Federal, State, or Local Agencies for Work Described in This Application. not related to the 404 or 401. None 4f. List the total estimated acreage of all existing wetlands on the property: 3.933 4g. List the total estimated linear feet of all existing streams on the property: 50 4h. Explain the purpose of the proposed project: Four County Electric Membership Corporation's (FCEMC) purpose for this project is to construct a new electrical Point of Delivery (POD) and substation adjacent to an existing DEP 230 kV transmission line and an existing FCEMC distribution line to improve electrical delivery reliability for existing FCEMC customers in the area of Pender County, North Carolina. This project will be estimated to enhance the delivery of power in this zone and speed reconnection of power during power outages. The proposed POD and Substation will take delivery of transmission voltage from DEP and step it down to distribution voltage to meet requirements of FCEMC in the vicinity. This operation will be ongoing 24 hours a day using electrical structures and equipment and secured by several measures, including fencing designed to keep out unauthorized personnel. Except for occasional routine maintenance, the site will not require the regular presence of employees. Most of the developed site will be adjacent to an existing 230 kV transmission line owned by DEP approximately 1400 feet south of SR 1002. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The electrical Point of Delivery (POD) and Substation will require clearing of 7.0± acre of forested area. Hand clearing/disturbance limit and no sump removal along the 1.39 acres of wetland within the property owned by FCEMC and adjacent to a Duke Energy Progress (DEP) 230kV transmission line. The proposed project includes construction of 0.23+ mile of new access road, above ground electrical powerline, electrical substation, and transmission tap line. Site construction will be completed as follows: initial construction will involve mechanical clearing of trees and other vegetation and the installation of sedimentation and erosion control measures. Once clearing is complete, grading will start for the 0.23+ miles driveway corridor and the 1.7+ acre substation "pad" where substation structures and equipment will be located. Upon completion of grading activities, construction will continue with installation of concrete foundations, steel structural members, transmission and distribution power poles and conductor, and various high voltage equipment needed for function of the substation. The entrance of the proposed site connects directly with Island Creek Road (34.375199, - 77.784037), across from the Wylie Branch Subdivision (Habersham Avenue, Rocky Point, NC 28457; 34.375701,-77.783511). A Duke Energy Progress (DEP) driveway will be provided from their right-of-way (ROW). The ROW adjoins the access road which connects to Island Creek Road 0.2 miles northeast from the proposed project access. 4k. Will this activity involve dredging in wetlands or waters?* Yes No If yes, Describe the type of dredging, the composition of the dredged material and the location of disposal area. 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: SAW-2022-00289 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Matt Smith Agency/Consultant Company: CZR Incorporated Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR 20/10/2022 6. Future Project Plans 6a. Is this a phased project?* Yes a No 6b. If yes, explain. There are 3 phases to the project to control the erosion and the sedimentation process during the project. 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? 7. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (if more than can be entered here, please attach a supplemental list) Cameron Company Ltd. POB 3649, Wilmington, NC 28406 MH Island, LLC/AGSLIL, LLC/JAMLIL, LLC/Island Creek Venture Partners, LLC, 626-C Gordon Road, Wilmington, NC 28411 Fender EMC and Fire, Inc., 805 Ridgewood Avenue, Burgaw, NC 28425 8. Scheduling of Activity: D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries Buffers Open Waters Pond Construction 2. Wetland Impacts lJ 2a1 Reason (?) 2b. Impact type* (?) 2c. Type of W. 2d. W. name 2e. Forested* 2f. Type of Jurisdicition * (?) 2g. Impact area WA dewatering P Unknown Torhunta mucky Yes Corps 0.068 acres) WB dewatering P Unknown Torhunta mucky Yes __] Corps 3.508 (acres) WC dewatering P Unknown Woodington Yes Corps 0.090 (acres) WD __] dewatering P JUnknown Baymeade Yes Corps 0.057 (acres) WB dewatering T Unknown Torhunta mucky Yes Corps 0.210 (acres) 2g. Total Temporary Wetland Impact 0.210 2g. Total Wetland Impact 3.933 2h.Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards: Soil (4,540.19 cu. yd.), Gravel (3,181.86 cu. yd.), Crushed Gravel (893.76 cu. yd.) 2i. Comments: 3i. Total cubic yard stream impacts:" 0 4g. Total cubic yard open water impacts: 0 E. Impact Justification and Mitigation 1. Avoidance and Minimization 29. Total Permanent Wetland Impact 3.723 la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Avoidance and Minimization Multiple rounds of alternatives were evaluated to avoid and minimize wetland impacts, which resulted in the current project design. The applicant has avoided impacts to wetlands to the greatest extent practicable. The access road has been designed to minimize impacts to wetlands. The substation pad has been placed between the distribution lines adjacent to SR 1002 and the existing DEP transmission line to minimize the overall transmission line and service road distance needed. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Proposed impacts to the 3.93 acres of the total wetland on site were reduced to 1.37 acres and included: reduction of the road width to the minimum width necessary to accommodate vehicles that needed to access to the site; substation pad reduced to the minimum size necessary to accommodate equipment needed to operate the substation; substation pad located to maximize use of non -jurisdictional wetland areas in the southeastern corner of the property; stockpile located on non -wetland area. 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 2c. If yes, mitigation is required by (check all that apply): D W R Corps 2d. If yes, which mitigation option(s) 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: Northeast cape fear umbrella mitigation bank 3b. Credits Purchased/Requested (attach receipt and letter) Type: Quantity: Non -riparian wetland 2 3c. Comments F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan Q V O 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: It is not adjacent to a protected riparian 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 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? Yes No N/A - project disturbs < 1 acre 3. Stormwater Requirements 3a. Select whether a completed stormwater management plan (SMP) is included for review and approval or if calculations are provided to document the project will not cause degradation of downstream surface waters.* Stormwater Management Plan Antidegradation Calculations 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 (federallstate) 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. There is no projected additional development for the electrical Point of Delivery (POD) and substation adjacent to an existing DEP 230 kV transmission line and an existing FCEMC distribution as this project purpose is to enhance the delivery of power in this zone and speed reconnection of power during power outages. 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 No U Unknown 5e. Is this a DOT project located within Division's 1-8? Yes No 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? NCNHP database, NLAA determination, IPAC 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? NCNHP database, NLAA determination, IPAC 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? NCNHP database, NLAA determination, IPAC 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 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 Hampstead POD - RCW evaluation report.pdf 5.38MB Hampstead POD - Report.pdf 1.04MB Hampstead POD - Site Plans.pdf 6.77MB Hampstead POD - Vicinity Map.pdf 73.72KB NECFUMB_Credit Reservation_Hampstead POD Substation.pdf 160.68KB File must be PDF or KMZ Comments 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 INC 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: Dolores Hong Signature oor'Otry yyAY r Date 3/28/2023 O