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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