20231294 Ver 1_ePCN Application_20230915

DWR
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:
7/27/2022
BIMS # Assigned *
Version# *
20231294
1
Is a payment required for this project?*
No payment required
What amout is owed?*
Fee received
$240.00
Fee needed - send electronic notification
$570.00
Reviewing Office*
Select Project Reviewer*
Asheville Regional Office - [phone]
Tyler Hickman:Tyler.Hickman
Information for Initial Review
la. Name of project:
Dominion Energy North Carolina Line M-241 Exposure
1a. Who is the Primary Contact?*
Robert Lepsic, PWS
1b. Primary Contact Email: * 1c. Primary Contact Phone: *
[e-mail] [phone]
Date Submitted
9/15/2023
Nearest Body of Water
Cane Creek
Basin
Catawba
Water Classification
C; Tr
Site Coordinates
Latitude:
Longitude:
35.653249
-82.127898
A. Processing Information O
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
McDowell
Is this a NCDMS Project
Yes No
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
1g. 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 forthe 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:
Dominion Energy North Carolina Utility Easement
2b. Deed book and page no.:
2c. Contact Person:
2d.Address
Street Address
800 Gaston Road
Address Line 2
city
Gastonia
Postal / Zip Code
28056
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
North Carolina
Country
USA
Yes No
Yes No

2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Joey Lawler, PWS
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:
[phone]
4f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Old Fort
2. Proiect Identification
2a. Property Identification Number:
077000066509
2c. Project Address
Street Address
Southwest of McCoy Road
Address Line 2
city
Old Fort
Postal / Zip Code
28762
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Cane Creek
3b. Water Resources Classification of nearest receiving water:
C; Tr
3c. What river basin(s) is your project located in?*
Catawba
3d. Please provide the 12-digit HUC in which the project is located.
030501010105
4. Project Description and History
2f. Fax Number:
State / Province / Region
North Carolina
Country
USA
4e. Fax Number:
2b. Property size:
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:
See the accompanying cover letter in PCN documentation.

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:
1.038
4g. List the total estimated linear feet of all existing streams on the property:
772
4h. Explain the purpose of the proposed project:*
See the accompanying cover letter in PCN documentation.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
See the accompanying cover letter in PCN documentation.
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, PWS
Agency/Consultant Company: S&ME
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 O Buffers
Open Waters Pond Construction
2. Wetland Impacts
0
`1
2a1 Reason (?)
Temporary work within ��T
existing easement
2b. Impact type * M
2c. Type of W. *
Fttomland Hardwood Forest
2d. W. name
W3
2e. Forested *
Yes
2f. Type of Jurisdicitio n *
(?)
Both
�29. Impact
area *
0.213
(acres)
2
New pipeline alignment
in the new proposed
permanent easment
P
Bottomland Hardwood Forest
W3
Yes
Both
0.136
(acres)
2g. Total Temporary Wetland Impact
0.213
2g. Total Wetland Impact
0.349
2i. Comments:
3. Stream Impacts
2g. Total Permanent Wetland Impact
0.136

3a. Reason for impact (?)
3b.lmpact type"
3c. Type of impact*
3d. S. name*
3e. Stream Type"
�31`. Type of
39. S. width
3h. Impact
(?)
Jurisdiction*
length*
S1
New pipeline alignment in the
Permanent
Excavation
Cane Creek (S1)
Perennial
Both
23
20
new proposed permanent
Average (feet)
(linear feet)
easment
S2
Temporary work within
Temporary
Excavation
Cane Creek (S1)
Perennial
Both
23
316
existing easement
Average (feet)
(linear feet)
S3
Temporary work within
Temporary
Excavation
S2
Perennial
Both
53
existing easement
Ave age (feet)
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts:
20
3i. Total stream and ditch impacts:
389
3j. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
31. Total temporary stream impacts:
369
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
See the accompanying cover letter in PCN documentation.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
See the accompanying cover letter in PCN documentation.
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):
DWR 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
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
Yes No
4b. Stream mitigation requested:
(linear feet)
4d. Buffer mitigation requested (DWR only):
(square feet)
4f. Non -riparian wetland mitigation requested:
(acres)
4c. If using stream mitigation, what is the stream temperature:
4e. Riparian wetland mitigation requested:
(acres)
0.13
4g. Coastal (tidal) wetland mitigation requested:
(acres)
4h. Comments
Because the project will not result in permanent stream impacts of greater than 150 linear feet/0.02 acre, compensatory mitigation is not required.
Because the project will result in 0.13 acre of forested wetland conversion, DENC proposed to purchase the appropriate amount of mitigation credit
(0.13-acre) from the North Carolina Division of Mitigation Services.
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:
The project area is not within an area with riparian buffer protections administered through the North Carolina Riparian Buffer Protection Rules.
2. Stormwater Management Plan
0
V
O

2a. Is this a NC DOT 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
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
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
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 GIB database
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
Yes No
8b. If yes, explain how project meets FEMA requirements:
Based on the proposed pipeline alignment, the FEMA-designated floodplain/floodway associated with
Cane Creek will be encroached upon by the project. Therefore, a Floodplain Development Permit will be
required by McDowell County. The floodplain impacts should not result in a rise of the base flood
elevation, provided that permanent fill is not placed in the floodplain.
8c. What source(s) did you use to make the floodplain determination?"
FEMA Flood Map Service Center
Miscellaneous
0
V
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
PCN for M-241.pdf 14.99MB
M-241 McCoyRdPipeExposure_CaneCr_McDowell_NCWRCComments.pdf 208.17KB
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
9/15/2023