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HomeMy WebLinkAbout20231359 Ver 2_ePCN Application_20231214i DWR 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. 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 Version# * 20231359 2 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Select Project Reviewer* Robert Tankard:robert.tankard Information for Initial Review la. Name of project: COURTESY COPY Perquimans Great Grant 2022 Part 2 1a. Who is the Primary Contact?* Jon Swaim 1b. Primary Contact Email: * jon.swaim@mcgillassociates.com Date Submitted 12/14/2023 Nearest Body of Water Perquimans River Basin Pasquotank Water Classification CSw Site Coordinates Latitude: 36.268406 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Perquimans Is this a NCDMS Project Yes No Longitude: -76.545218 Reviewing Office* Washington Regional Office - (252) 946-6481 1c. Primary Contact Phone:* (828)434-0951 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) 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) 1e. 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 NC 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) 1e. Is there an AgentlConsultant for this project? Yes No 2. Owner Information 2a. Name(s) on recorded deed: N/A - NCDOT Utility ROW 2b. Deed book and page no.: 2c. Contact Person: Brent Brinson - FOCUS Broadband 2d. Address Street Address 640 Whiteville Road Address Line 2 City State / Province / Region Shallotte NC Postal/Zip Code Country 28470 USA 2e. Telephone Number: 21. Fax Number: (910)755-1701 Yes No Yes No 2g. Email Address: * bbrinson@focusbroadband.com 4. Agent/Consultant (if applicable) 4a. Name: Jon Swaim 4b. Business Name: McGill Associates, PA 4c. Address Street Address 1240 19th Street Lane NW Address Line 2 City State / Province / Region Hickory NC Postal / Zip Code Country 28601 USA 4d. Telephone Number: 4e. Fax Number: (828)328-2024 4f. Email Address:* jon.swaim@mcgillassociates.com C. Project Information and Prior Project History O 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Belvidere 2. Project Identification 2a. Property Identification Number: 2b. Property size: NCDOT ROW 1.46 2c. Project Address Street Address NCDOT ROW Address Line 2 City State / Province / Region Belvidere NC Postal / Zip Code Country 27919 USA 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Perquimans River 3b. Water Resources Classification of nearest receiving water: C:Sw 3c. What river basin(s) is your project located in?* Pasquotank 3d. Please provide the 12-digit HUC in which the project is located. 030102050303 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 proposed fiber optic line project area is composed of road right of way (ROW) corridors that run parallel to several roads in Perquimans County and are owned and maintained by NCDOT (See Appendix 1- Project Location Map). The proposed fiber optic line crossing of the Perquimans River is located within NCDOT ROW on previously cleared and graded land. The NCDOT is allowing this project alignment to remain within the ROW, which tends to be consistently maintained. Land use in the general vicinity of the proposed project is undeveloped forested land, commercial, and residential. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? Yes No Unknown If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000). The Corps has assigned and action ID SAW-2023-01948 for this project. This PCN submittal is a revision of the previously submitted project 4f. List the total estimated acreage of all existing wetlands on the property: 5.6 4g. List the total estimated linear feet of all existing streams on the property 450 4h. Explain the purpose of the proposed project:' The purpose of the proposed project is to install approximately 22 - miles of fiber optic utility line into unserved and underserved rural areas of Perquimans County, North Carolina. No wetland or stream impacts are anticipated as a result of fiber optic line installation. The line is proposed to be directionally bored under a section of the Perquimans River (Section 10 Water). See Appendix 2 - Perquimans River Crossing Plans. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: The project consists of the installation of fiber optic cable that will run within previously disturbed and maintained NCDOT ROW parallel to existing public and private roads. The fiber optic cable will be directionally bored under any areas ofjurisdiction. The open cut trench and directional bore construction methods minimize impacts to existing infrastructure and maximizes the ability to avoid and minimize disturbances in accordance with state and federal environmental policy. For each directional bore, there will be a Tx Tx 3' launching pit and a 3' x Tx 3' receiving pit (see Appendix 2 for Perquimans River Crossing Plan Sheets). The bore will be a minimum of 10 feet below the Perquimans River a Section 10 River and a minimum of 2 feet below all other jurisdictional wetlands and streams. All launching pits/receiving pits related to boring activities will be excavated in upland areas to avoid impacts to jurisdictional waters. A bentonite slurry solution will be used in the directional boring process to prevent seepage. All open cut trench installation and material and equipment storage will be located in uplands. Additionally, no trees or woody vegetation will be removed during installation of the line. The proposed project will have no direct impacts to jurisdictional features during or post construction. All fiber optic line will be bored beneath jurisdictional features. Any proposed directional boring or open cut locations outside of the existing road fill slope have been designed to avoid aquatic resources. All aquatic resources along the fiber optic route within the NCDOT ROW have been located by McGill Associates with handheld GPS accuracy in the field. This location data has been provided to FOCUS Broadband to assure avoidance of aquatic resources during installation. Typical equipment used includes bucket trucks, trenchers, and cable pullers or plows. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?" Yes No Unknown Comments: See Appendix 3 - PJD Request 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-2023-01948 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Jon Swaim, Alex Lowdermilk Agency/Consultant Company: McGill Associates, PA Other: 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? 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 E. Impact Justification and Mitigation O 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The proposed project will have no direct impacts to jurisdictional features during or post construction. All fiber optic line will be bored beneath jurisdictional features. Any proposed directional boring or open cut locations outside of the existing road fill slope have been designed to avoid aquatic resources. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: All aquatic resources along the fiber optic route within the NCDOT ROW have been located by McGill Associates with handheld GPS accuracy in the field. This location data has been provided to FOCUS Broadband to assure avoidance of aquatic resources during installation. 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: No impacts to Waters of the US are anticipated as a result of the proposed project. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan la. 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 is located in the Pasquotank River Basin which is not subject to Riparian Buffer Protection Rules. 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 la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes No 1b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina) Environmental Policy Act (NEPA/SEPA)?* Yes No Comments: * No NEPA/SEPA requirements associated with Great Grant funding. 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. No additional development anticipated as a result of the proposed project. 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 (nl 5b. Have you checked with the USFWS concerning Endangered Species Act impacts? Yes No 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. Is another Federal agency involved? Yes No 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? https://ipac.ecosphere.fws.gov/ - See Appendix 5 - IPAC Species List Raleigh Ecological Services No tree removal is anticipated as part of the proposed project. A T&E species survey was completed by McGill Associates concurrent with wetland delineation site visits during August 2023. No occurrence of the Red Knot (Calidris Canutus), Northern Long-eared Bat (Myotis septentrionalis) and Tricolored Bat(Perimyotis subflavus) found during survey activities. The proposed project will occur within existing maintained/cleared NCDOT Utility ROW. 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? https://www.fish eries. noaa. gov/resource/map/essential-fish-habitat-map per The applicant will directionally bore the line under streams and wetlands to avoid impacts to these resources. See Appendix 2 - Perquimans River Crossing Plans. 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? http://gis.neder.gov/hpoweb/ See Appendix 4 - NCHPO HPOWEB Map No impacts to historical features anticipated. It appears that the Belvidere Historic District (Site ID: PQ0367) and Perquimans River Bridge (Site ID:PQ0583) are within the proposed project area. The project consists of the installation of fiber optic cable that will run within previously disturbed and maintained NCDOT ROW. No impacts to the bridge are anticipated at this time. 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: FOCUS Broadband will ensure the project meets any floodplain development requirements. 8c. What source(s) did you use to make the floodplain determination? https://fris.nc.gov Miscellaneous U 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 Perquimans - Appendices - 12.14.23.pdf 16.25MB File must be PDF or KMZ Comments Signature p 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: Jon Swaim Signature Date 12/14/2023