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HomeMy WebLinkAbout20231396 Ver 1_ePCN Application_20231012DWR Division of Water Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) October 2, 2023 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: 10/12/2023 Does this project involve maintenance dredging funded by the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund or involve the distribution or transmission of energy or fuel, including natural gas, diesel, petroleum, or electricity? Yes No BIMS # Assigned 20231396 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Select Project Reviewer* Tyler Hickman:Tyler.Hickman Information for Initial Review 1a. Name of project: COURTESY COPY 3803 Eller Court 1a. Who is the Primary Contact?* Chris Inscore 1b. Primary Contact Email: * chris.inscore@aecom.com Date Submitted 10/12/2023 Nearest Body of Water Husband Creek Basin Catawba Water Classification WS-IV Site Coordinates Latitude: 35.841957 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Caldwell ............... Longitude: -81.62548 Version#* 1 Reviewing Office* Asheville Regional Office - (828) 2964500 1c. Primary Contact Phone: * (919)805-9861 Q `1 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: 57 - Electric Utility Line and Telecommunications Activities — (frequently used) 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 401 Water Quality Certification - Express Riparian Buffer Authorization le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: Yes No For the record only for Corps Permit: Yes No 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 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: Multiple 2b. Deed book and page no.: 2c. Contact Person: 2d. Address Street Address Multiple Address Line 2 City Multiple Postal / Zip Code Multiple 2e. Telephone Number: (000)000-0000 2g. Email Address:* none@none.com 3. Applicant Information (if different from owner) 3a. Name: Michael Joseph Scott 3b. Business Name: Duke Energy Distribution - KCI Technologies 3c.Address Street Address 38 Rosscraggon Rd Address Line 2 Suite E city Arden Postal / Zip Code 28704 3d. Telephone Number: (828)768-4204 3f. Email Address:* Michael.Scoft4@duke-energy.com 4. Agent/Consultant (if applicable) 4a. Name: Chris Inscore 4b. Business Name: AECOM 4c.Address Street Address 5438 Wade Park Blvd Address Line 2 Suite 200 city Raleigh Postal / Zip Code 27607 4d. Telephone Number: (919)805-9861 0. Email Address:* chris.inscore@aecom.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Lenoir State / Province / Region Multiple Country N/A 2f. Fax Number: State / Province / Region NC Country USA 3e. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: O 2. Project Identification 2a. Property Identification Number: 2b. Property size: Multiple 6.6 2c. Project Address Street Address ROW Transmission line that runs parallel to HWY 64 in Caldwell County, NC 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: Husband Creek 3b. Water Resources Classification of nearest receiving water: WS-IV 3c. What river basin(s) is your project located it "` Catawba 3d. Please provide the 12-digit HUC in which the project is located. 0305010107 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 study area is geographically situated within the Northern Inner Piedmont ecoregion of the Piedmont physiographic province of North Carolina (USEPA, 2002). Elevations in the study area range from approximately 1,026 feet above mean sea level (amsl) towards the western end of the study area to approximately 1,092 feet amsl towards the middle of the study area. Land use in the study area primarily consists of suburban areas and agriculture. The study area parallels Morganton Blvd and is surrounded by pasture, undeveloped wooded land, and suburban residential homes. 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: 0.24 4g. List the total estimated linear feet of all existing streams on the property: 611.4 4h. Explain the purpose of the proposed project: Duke Energy Carolinas (DEC) is proposing a reconduct project in Caldwell County, North Carolina. The study area is located within an existing transmission line right-of-way that runs parallel to Highway 64. The study area is approximately 1.4 miles long and is 30-feet wide. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: x The proposed project is a reconductor project to upgrade the existing utility line. All stream crossings will accomplished via aerial methods. The singular wetland impact is the result of a new utility pole being placed within wetland WA. No vehicles will enter wetland WA and the pole will be lowered from the street. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No G Unknown Comments: Received delineation concurrence on 10/10/2023 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-2023-01686 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Chris Inscore Agency/Consultant Company: AECOM Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR Delineation Concurrence - 10/10/2023 6. Future Project Plans Ga. 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? 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 2a1 Reason (?) 2b. Impact type" (?) 2c. Type of W." 2d. W. name 2e. Forested" 2f. Type of Jurisdicition * (?) 2g• Impact area Utility Pole Installation P Headwater Forest WA L-A Corps 0.000 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.000 2g. Total Permanent Wetland Impact 0.000 2i. Comments: The only impact that will occur for this project is the installation of a single utility pole in WA. No vehicles will enter the wetland. The pole will be lowered from the road above and the only impact will be approximately 5 sq it for the hole that will be excavated for the utility pole. 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: This is a reconduct project and utility poles are being replaced/added to upgrade the transmission line. The other alternative would be a "No Build" alternative. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: All creek crossings will be aerial, and the singular wetland impact will not involve any vehicles entering the wetland. 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: Impacts below 1/10th of acre threshold. 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: Project is not within any NC Protected Buffer. Additionally all work conducted will be aerial crossings. This is an existing utility line and the proposed project is a reconductor. 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 Iu O L 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. All stream crossings will be aerial and no impacts to streams will occur. 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 What Federal Agency is involved? USACE 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 Unknown 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, NCNHD Letter, field surveys conducted by AECOM biologists 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 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? NCSHPO investigation conducted by AECOM Archeologists 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: This project is a reconduct project which will be aerial transmission line only replacement. Duke Energy also obtained a no -rise certification. 8c. What source(s) did you use to make the floodplain determination?* NC FRIS Miscellaneous n 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 BrandeeBoggs_USACE.pdf 13.61KB Draft_ECR_DukeLenoir_20230802_Optimized.pdf 8.75MB PJD_Package.pdf 8.62MB File must be PDF or KMZ Comments USACE has already approved the Intention to Notify of NWP 57 regarding the wetland impact below 1/10th of an acre. 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: Christopher J Inscore Signature Date 10/12/2023 8