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HomeMy WebLinkAbout20231267 Ver 1_ePCN Application_20230909DWR 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: 7/17/2023 BIMS # Assigned 20231267 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: Cardinal Pipeline Relocation Project 1a. Who is the Primary Contact?* Laura Rudolf 1b. Primary Contact Email: * laura.rudolf@williams.com Date Submitted 9/9/2023 Nearest Body of Water Swift Creek Basin Neuse Water Classification C & NSW Site Coordinates Latitude: 35.649368 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: -78.545991 Version#* 1 What amout is owed?* $240.00 $570.00 Select Project Reviewer* Zachary Thomas:zachary.thomas@ncdenr.gov 1c. Primary Contact Phone: * (713)204-1283 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 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: 12 - Utility Lines 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 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. Name(s) on recorded deed: Williams 2b. Deed book and page no.: 2c. Contact Person: 2d. Address Street Address 2800 Post Oak Boulevard Address Line 2 Level 11 city Houston Postal / Zip Code 77056 401 Water Quality Certification - Express Riparian Buffer Authorization Stale / Province / Region Texas Country USA Yes No Yes No 2e. Telephone Number: (713)204-1283 2g. Email Address:* laura.rudolf@williams.com 4. Agent/Consultant (if applicable) 4a. Name: Joey Lawler 4b. Business Name: S&ME, Inc. 4c. Address Street Address 2016 Ayrsley Town Boulevard Address Line 2 Suite 2-A city Charlotte Postal / Zip Code 28273 4d. Telephone Number: (704)523-4726 4f. Email Address:* jlawler@smeinc.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Swift Creek 2. Proiect Identification 2f. Fax Number: State / Province / Region North Carolina Country USA 4e. Fax Number: 2a. Property Identification Number: 1638395835, 1639421182, 1639108500, 2b. Property size: 163940337,1639503982 2c. Project Address Street Address White Oak Road Address Line 2 City State / Province / Region Garner North Carolina Postal / Zip Code Country 27529 USA 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Swift Creek 3b. Water Resources Classification of nearest receiving water: C & 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. 030202011004 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: See attached cover letter. 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: 0.444 4g. List the total estimated linear feet of all existing streams on the property: 2,482 4h. Explain the purpose of the proposed project:* See attached cover letter. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: See attached cover letter. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas? Yes No 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: 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Joey Lawler, Rebeckah Sims, & Kylie Wallace Agency/Consultant Company: S&ME, Inc. Other: 6. Future Project Plans Unknown 6a. Is this a phased project?* Yes OO 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? No, no other permits will be needed to authorize any project -related work other than the permits being applied for in this pre -construction notification. D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries p Buffers Open Waters Pond Construction 2. Wetland Impacts 0 `1 2a1 Reason (?) 2b. Impact type* (1) 2c. Type of W.* 2d. W. name 2e. Forested* 2f. Type of Jurisdicition * 2g. Impact ?) area * W1 Access T water Forest Fed WA Yes Both 0.018 acres) W1 Expansion of ROW P Headwater Forest WA Yes Both 0.090 (acres) W2 Access T Isolated Wetlands WC No Both 1�1_ 2g. Total Temporary Wetland Impact 0.027 29. Total Wetland Impact 0.117 21. Comments: 2g. Total Permanent Wetland Impact 0.090 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 Sidecasting of material Temporary Excavation S1 Perennial Both 5 96 Averege(feeq (linear feet) S2 Sidecasting of material Temporary Excavation S2 Perennial Both 135 Aveage (feet) (linear feet) S3 Sidecasting of material Temporary Excavation S4 Perennial Both 53 Average (feet) (linear feet) S4 Sidecasting of material ffE] Excavation S5 Perennial Both 27 Average (feet) (linear feet) 31. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 3i. Total temporary stream impacts: 0 311 31. Total stream and ditch impacts: 311 3j. Comments: 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 Zone 1 & 2 Exempt T 12 No 1,764 1 574 Zone 1 Allowable with Mitigation P S2 Yes 6,063 0 Zone 2 Allowable P S2 No 0 6,680 Zone 1 Allowable with Mitigation P S1 Yes 3,810 0 Zone 2 Allowable P S1 No 0 1,871 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: 1,764.00 574.00 Zone 1 Zone 2 Total Permanent impacts: 9,873.00 8,551.00 Zone 1 Zone 2 Total combined buffer impacts: 11,637.00 9,125.00 6i. Comments: 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: See attached cover letter. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: See attached cover letter. 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: Because the project will not result in permanent stream impacts and affected streams will be restored upon completion of the work, compensatory stream mitigation should not be required. Although the project will not result in a loss of Waters of the U.S., the project will result in conversion of 0.090 acre of forested wetlands to herbaceous wetlands. Because the conversion impact will not exceed 0.10 acre, mitigation is not required. 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 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 Comments: G. Supplementary Information 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. This project entails the relocation of an existing utility line. It can be assumed that no additional development will result. 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 a 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 and NCNHP databases 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? NCSHPO HPOWEB 2.0 GIS database 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 Flood Map Service Center 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 Cardinal Pipeline Relocation_PCN Package.pdf 17.56MB File must be PDF or KMZ Comments Please see the attached cover letter and permit package for additional information. 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: Joey Lawler Signature % Date 9/9/2023 O