HomeMy WebLinkAbout20231000 Ver 1_ePCN Application_20230713DWR
Division 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:
3/20/2023
BIMS # Assigned
20231000
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Raleigh Regional Office - (919) 791-4200
Information for Initial Review
la. Name of project:
Cary Triangle Expressway230kV SubstationProject
1a. Who is the Primary Contact?*
Chris Inscore
1b. Primary Contact Email: *
chris.inscore@aecom.com
Date Submitted
7/13/2023
Nearest Body of Water
Bachelor Branch
Basin
Cape Fear
Water Classification
WS-IV. NSW
Site Coordinates
Latitude:
35.78680
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Wake
Is this a NCDMS Project
Yes No
Longitude:
-78.88919
Version#*
1
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Zachary Thomas:zachary.thomas@ncdenr.gov
1c. Primary Contact Phone: *
(919)805-9861
a
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
1b. What type(s) of permits) 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
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
N/A
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
57 - Electric Utility Line and Telecommunications Activities — (frequently used)
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
fig. 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
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. Nani on recorded deed:
Duke Energy Progress
2b. Deed book and page no.:
401 Water Quality Certification - Express
Riparian Buffer Authorization
2c. Contact Person:
Tucker Pridgen
2d. Address
Street Address
410 South Wilmington Street
Address Line 2
City
State / Province / Region
Raleigh
North Carolina
Postal / Zip Code
Country
27601
USA
Yes No
Yes No
2e. Telephone Number:
(252)813-1511
2g. Email Address:'
Tucker.Pridgen@duke-energy.com
3. Applicant Information (if different from owner)
3a. Name:
Josh Witherspoon
3b. Business Name:
Duke Energy
3c.Address
Street Address
410 South Wilmington Street
Address Line 2
City
27601
Postal / Zip Code
27601
3d. Telephone Number:
(919)546-2177
3f. Email Address:
Josh.Witherspoon@duke-energy.com
4. Agent/Consultant (if applicable)
4a. Name:
Kelley Samuels
4b. Business Name:
AECOM
4c.Address
Street Address
150 N Orange Ave Suite 200
Address Line 2
City
Orlando
Postal / Zip Code
32801
4d. Telephone Number:
(407)284-4717
4f. Email Address:
kelley.samuels@aecom.com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
N/A
1c. Nearest municipality I town:
Cary
2. Project Identification
2f. Fax Number:
State / Province / Region
North Carolina
Country
USA
3e. Fax Number:
State / Province / Region
Florida
Country
USA
4e. Fax Number:
2a. Property Identification Number:
0734218279, 0734229754, 0734315966, and 2b. Property size:
0734319104 45
2c. Project Address
Street Address
100 Duke Health Cary PI
Address Line 2
city
Cary
Postal / Zip Code
27519
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Bachelor Branch
3b. Water Resources Classification of nearest receiving water:
WS-IV, NSW
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.
030300020608
4. Project Description and History
State / Province / Region
North Carolina
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: *
Elevations in the study area range from approximately 350feet above mean sea level (AMSL) in the northern portion of the study area to approximately 294 feet AMSL in southern portion
of the site near an unnamed tributary to Bachelor Branch. Land use in the study area primarily consists of undeveloped woods and overhead utility easement. The study area is divided by
the Triangle Expressway (1-540).The study area is surrounded by undeveloped wooded land, residential homes, and commercial buildings.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?
Yes No Unknown
If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000).
SAW-2022-02375 - Delineation concurrence (received 12/23/2022)
4f. List the total estimated acreage of all existing wetlands on the property:
3.6
4g. List the total estimated linear feet of all existing streams on the property:
3811
4h. Explain the purpose of the proposed project:
Duke Energy Progress is proposing to construct a new 230kV substation in Wake County, North Carolina.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
The proposed Project includes a new 230kV substation (totaling 16.6-acres) that is adjacent to an existing transmission line and parallels State Route 540/Western Wake Freeway,
temporary staging areas, new 20' wide gravel access road that crosses 3 streams and 2 wetlands. The new gravel access road will be off of an existing access road, off Green Level West
Road. Please see attached Stream Crossing Worksheet.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?"
Yes No Unknown
Comments:
See attached Environmental Constraints Report completed September 2022
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-2022-02375 - Delineation concurrence (received 12/23/2022)
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Charlie Benton
Agency/Consultant Company: AECOM
Other: N/A
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
SAW-2022-02375 - Delineation concurrence (received 12/23/2022)
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?
N/A
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
I
2a1 Reason (?)
2b. Impact type" (?)
2c. Type of W. *
2d. W. name
2e. Forested"
2f. Type of Jurtsdtcttton *
2g• Impact
?)
area
WB
Access road clearing
P
Riverine Swamp Forest
WB
Yes
Corps
0.198
and construction
(acres)
W1
Access road clearing
P
Riverine Swamp Forest
W1
Yes
Corps
0.002
and construction
(acres)
WB
Creek Crossing #4,
T
Riverine Swamp Forest
WC
Yes
Corps
0.080
overhead transmission
(acres)
line
2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact
0.080 0.200
2g. Total Wetland Impact
0.280
21. Comments:
Direct impact (loss) of fill of 0.198 acres for WE; and .002-acres for W1. Conversion from forested to non -forested of .080 acres for WB.
3. Stream Impacts
F
3a. Reason for impact (?)
3b.lmpact type"
3c. Type of impact"
3d. S. name *
3e. Stream Type*
3f. Type of
3g. S. width
3h. Impact
?)
Jurisdiction*
length*
S1
Access road construction
Permanent
Culvert
SA
Perennial
Corps
130
Average ((eeQ
(linear feet)
g2
Access road construction
Permanent
Culvert
SB
Perennial
Corps
12
169
Averege (feet)
(linear feet)
S3
Access road construction
Permanent
Culvert
SC
Intermittent
Corps
135
Averege(feeq
(linear feet)
S4
ROW Clearing
Permanent
Other
SC
Intermittent
Corps
104
Averege (feet)
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts: 31. Total temporary stream impacts:
538 0
3L Total stream and ditch impacts:
538
3j. Comments:
SA impacted by 130-linear feet of culvert placement. SB impacted by 169-linear feet of culvert placement. SC impacted by 135-linear feet of culvert
placement and 104-linear feet of ROW clearing.
6. Buffer Impacts (for DWR)
6a. Project is in which protect basin(s)?
Check all that apply.
Neuse Tar -Pamlico
Catawba Randleman
Goose Creek Jordan Lake
Other
6b. Impact Type
6c. Per or Temp
6d. Stream name
6e. Buffer mitigation required?
6f. Zone 1 impact
6g. Zone 2 impact
Road - Perpendicular stream crossing,
P
SA
No
7,319
4,176
allowable upon authorization
Road - Perpendicular stream crossing,
f
SB
No
9,528
5,983
allowable upon authorization
Road - Perpendicular stream crossing,
P
SC
No
7,761
4,383
allowable upon authorization
Utilities - Non -sewer aerial lines - Perpendicular
P
SC ii
No
6,281
4,179
6h. Total buffer impacts:
Zone 1 Zone 2
Total Temporary impacts: 0.00 0.00
Zone 1 Zone 2
Total Permanent impacts: 30,889.00 18,721.00
Zone 1 Zone 2
Total combined buffer impacts: 30,889.00 18,721.00
6i. Comments:
Project is within Jordan Lake Watershed. Additionally, the town of Cary requires a 50' buffer beyond the State Regulated Jordan lake watershed buffer.
E. Impact Justification and Mitigation O
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Mitigation measures employed during Project development include the avoidance of direct impacts to WA and WB and protection of existing water
quality through the use of appropriate erosion and sediment controls and best management practices (BMPs). Tree clearing activities have been
minimized to the maximum extent practical allowing for Project completion.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Culvert length reduced as much as practical by the use of headwalls. Duke has attempted to minimize and avoid regulated resources to the extent
practicable. However, complete avoidance was not feasible due to the area required to support the infrastructure improvements in the Project 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
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
No compensatory mitigation is proposed at this time, as we believe adverse environmental effects of the proposed activity are no more than minimal. Use of appropriate culvert construct
techniques in such a manner that the original stream profiles are not altered and allow for continued aquatic life movement during low flows.
F. Stormwater Management and Diffuse Flow Plan (required by DWR) O
1. Diffuse Flow Plan
1a. 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
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
2d. Which of the following stormwater management program(s) apply:
Local Government State
Local Government Stormwater Programs
Phase II NSW USMP Water Supply
Please identify which local government stormwater program you are using.
Town of Cary Urban Transition Buffer
Comments:
Stormwater review is under the jurisdiction of the Town of Cary. Jordan Lake Watershed, Peak Flow/Runoff, and Water Quality requirements shall be met.
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
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 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?
USFWS IPaC Official Species list (Project Code: 2022-0054512) and NCNHP Data Explorer website (NCNHDE-18297)
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 Fisheries - Essential Fish Habitat 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?"
NC Office of State Archeology and Historic Preservation Office
8. Flood Zone Designation (Corps Requirement)
Be. 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 Flood Insurance Rate Maps (Map No. 3720073400K , Panel No. 370238 —Effective Date July 19, 2022 )
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
00 DEP Cary Triangle STORMWATER CALCS to ToC 070523.pdf 15.44MB
Draft_Triangle_EXPWY 230kV_ECR_20220921.pdf 27.74MB
Cary Tri Expressway- PCN set 061323.pdf 6.11 MB
File must be PDF or KMZ
Comments
`Attach ECR (revised to match Figure 7; streams; include stream data forms)
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:
Chris Inscore
Signature
Chy'S /XTCvre
Date
7/13/2023
a