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