HomeMy WebLinkAbout20231071 Ver 1_ePCN Application_20230731DWR
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:
3/14/2023
BIMS # Assigned
20231071
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Washington Regional Office - (252) 946-6481
Information for Initial Review
la. Name of project:
City of New Bern POD6
1a. Who is the Primary Contact?*
Duke Energy Progress c/o Nuwan Wijesuriya
1b. Primary Contact Email: *
nuwan.wijesuriya@duke-energy.com
Date Submitted
7/31 /2023
Nearest Body of Water
Black Branch
Basin
Neuse
Water Classification
C:SW,NSW
Site Coordinates
Latitude:
34.99931
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Craven
Is this a NCDMS Project
Yes No
Longitude:
-77.05424
Version#*
1
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Robert Tankard:robert.tankard@ncdenr.gov
1c. Primary Contact Phone: *
(919)546-2090
O
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 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
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
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:
401 Water Quality Certification - Express
Riparian Buffer Authorization
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
1i. Is the project located within a INC 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:
Duke Energy Progress -easement holder
2b. Deed book and page no.:
2c. Contact Person:
Nuwan Wijesuriya
2d.Address
Street Address
411 Fayetteville Street
Address Line 2
City
Raleigh
Postal / Zip Code
27601
State / Province / Region
NC
Country
u$
Yes No
Yes No
2e. Telephone Number: 2f. Fax Number:
(919)546-2090
2g. Email Address:*
nuwan.wijesuriya@duke-energy.com
4. Agent/Consultant (if applicable)
4a. Name:
Stuart Bryan
4b. Business Name:
Terracon
4c.Address
Street Address
2401 Brentwood Road
Address Line 2
Suite 107
city
State / Province / Region
Raleigh
NC
Postal / Zip Code
Country
27604
us
4d. Telephone Number:
4e. Fax Number:
(912)220-1893
4f. Email Address:*
stuart.bryan@terracon.com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
New Bern
2. Project Identification
2a. Property Identification Number: 2b. Property size:
-3.0
2c. Project Address
Street Address
Transmission and Distribution Power line right-of-way south of County Line Road
Address Line 2
City State / Province / Region
Postal / Zip Code Country
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Black Branch
3b. Water Resources Classification of nearest receiving water:
C:SW,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.
030202040304 and 030202040304
4. Project Description and History
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 project site consists of an existing maintained transmission and distribution ROW south of County Line Road. The surrounding area is largely used for timber production, pine
plantations. The study area contains wetlands subject to Section 404 jurisdiction. The study area for this request was delineated as part of another project (Havelock 23kV Relocation
Project SAW-2021-00630).
Q
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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:
-2.0
4g. List the total estimated linear feet of all existing streams on the property:
4h. Explain the purpose of the proposed project:*
The project is to install 2 transmission line switches (SW 130-2 and SW 132-1) along with gravel switch pads and a permanent gravel access route (that ties to an existing gravel access
road) to provide all-weather access to these switch locations for necessary operations. As part of the project to install these switches four (4) new transmission H-frames will be installed;
STR PT 130-1, SW 130-2, STR 132, and STR SW 132-1, two (2) existing transmission H-frames will be replaced; STR 130 and STR 131, one (1) existing transmission H-frame structure
will be removed EX STR 132, and six (6) existing single wooded distribution line poles will be removed (EX POLE 7-12). Two separate locations to install underground electrical conduits
will be completed via directional drilling. The proposed project is in effort to avoid outages/service disruptions and provide reliable service for Duke customers.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
Please see supporting documentation and site plan drawings included with this submittal.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?
Yes No O 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-2021-00630
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Stuart Bryan
Agency/Consultant Company: Terracon
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
Field verified 7-2023 Email dated 8/25/2021 acknowledging delineation good and information submitted. PJD was to be issued with NWP if notification for the Havelock 23kV Relocation
project was necessary.
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?
None anticipated
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
6
2a1 Reason (?)
2b. Impact type* (?)
2c. Type of W. *
2d. W. name
2e. Forested *
2f. Type of Jurisdicition *
?)
2g. Impact
area *
W1
gravel switch pad
P
Non -Tidal Freshwater Marsh
W1
No
Corps
0.010
(acres)
W2
gravel access road
P
Non -Tidal Freshwater Marsh
W2
No
Corps
0.150
(acres)
W3
gravel access road
P
Non -Tidal Freshwater Marsh
W3
No
Corps
0.030
(acres)
W4
gravel switch pad
P
Non -Tidal Freshwater Marsh
W4
No
Corps
0.040
(acres)
WT access
matting for access
T
Non -Tidal Freshwater Marsh
WT access
No
__]
Corps
1.230
(acres)
WTP work pads
matting work pads
T
Non -Tidal Freshwater Marsh
WTP work pads
No
Corps
0.620
acres)
2g. Total Temporary Wetland Impact
1.850
2g. Total Wetland Impact
2.080
2g. Total Permanent Wetland Impact
0.230
21. Comments:
Permanent impacts are for gravel switch pads around switch locations and gravel access route to both switch locations. Temporary impacts are for
matting and work pads to access/construct the project. Please see supporting documentation for further details.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Duke Energy and the project engineers have performed extensive due diligence to ensure impacts to sensitive areas are minimized. Access route and
switch pads were minimized within wetland areas to extent practical to still provide necessary function.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Work in wet areas will be conducted from mats or with low ground -pressure equipment. Stringent ESC measures will be used during the project and
extra precautions such as placement of wattles will also help prevent detrimental effects to environmental resources.
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:
Brices Creek Wetland Mitigation Bank
3b. Credits Purchased/Requested (attach receipt and letter)
Type: Quantity:
Non -riparian wetland 0.23
3c. Comments
Will add SOA upon USACE review of permit application
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
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
If no, explain why:
No waters were delineated within the study area.
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
�O
1. Environmental Documentation
1a. 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 is work on and in an existing transmission power line ROW.
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 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?
Terracon reviewed NCNHP element occurence data and consulted with USFWS IPaC services. The permit request area was included in a previously
conducted (6/3/2021) pedestrian species specific survey for rough -leaved loosestrife with none observed during the survey.
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?
Research conducted using the NC SHPO HPOWEB GIS database and research conducted at the NC Office of State Archaeology for the Havelock 23kV
Relocation project (which includes the permit review area) in March of 2021. See supporting documentation for a summary of research. Archaeological
site 31 CV90, recorded in 1976 is over 4,900-feet northwest of the permit review area.
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?"
NC Flood Risk Information System
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
Support doc and figs POD6 70237121.pdf 5.51 MB
File must be PDF or KMZ
Comments
Supporting documentation, figures, site plans, and agent authorization form are attached.
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:
Stuart Bryan
Signature
Date
7/31 /2023
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