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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 u 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 a