HomeMy WebLinkAbout20240344 Ver 1_ePCN Application_20240226DWR
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# *
20240344 1
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Asheville Regional Office - (828) 296-4500
Information for Initial Review
la. Name of project:
Wilson Road Distribution Line Relocation
1a. Who is the Primary Contact? *
Bob Mabry
1b. Primary Contact Email: *
bob. maybre@duke-energy.com
Date Submitted
2/26/2024
Nearest Body of Water
French Broad River
Basin
French Broad
Water Classification
B
Site Coordinates
Latitude:
35.251059
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Transylvania
Is this a NCDMS Project
Yes No
Longitude:
-82.699072
What amount is owed?*
$240.00
$323.00
Select Project Reviewer*
Joey Winston:Joey.Winston
1c. Primary Contact Phone:*
(828)698-2055
$570.00
$767.00
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)
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:
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)
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
fig. 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:
Duke Energy Carolinas LLC
2b. Deed book and page no.:
2c. Contact Person:
2d. Address
Street Address
957 Spartanburg Hwy
Address Line 2
City
Hendersonville
Postal / Zip Code
28792
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
NC
Country
Henderson
Yes No
Yes No
2e. Telephone Number:
(828)698-2055
2g. Email Address:'
Bob. Mabry@duke-energy.com
3. Applicant Information (if different from owner)
3a. Name:
Bob Maybry
3b. Business Name:
Duke Energy Carolinas
3c.Address
Street Address
957 Spartanburg Highway
Address Line 2
City
Henderson
Postal / Zip Code
28792
3d. Telephone Number:
(828)698-2055
3f. Email Address:"`
bob. ma bry@duke-energy.com
4. Agent/Consultant (if applicable)
4a. Name:
Ronald Walker
4b. Business Name:
S&ME Inc.
4c.Address
Street Address
48 Brookfield Oaks Drive, Suite F
Address Line 2
City
Greenville
Postal / Zip Code
29607
4d. Telephone Number:
(864)590-3569
4f. Email Address:*
rwalker@smeinc.com
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Brevard
2. Project Identification
2f. Fax Number:
State / Province / Region
North Carolina
Country
USA
3e. Fax Number:
State / Province / Region
South Carolina
Country
USA
4e. Fax Number:
2a. Property Identification Number: 2b. Property size:
Utility Easement 10.94
2c. Project Address
Street Address
Wilson Road
Address Line 2
City
Brevard
Postal / Zip Code
28768
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
French Broad River
3b. Water Resources Classification of nearest receiving water:
B
3c. What river basin(s) is your project located in?*
French Broad
3d. Please provide the 12-digit HUC in which the project is located.
060101050203
4. Project Description and History
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: *
The project area is mainly composed of a maintained powerline right of way that crosses through residential areas and forested areas that are dominated by dense herbaceous vegetation.
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:
0.051
4g. List the total estimated linear feet of all existing streams on the property:
70
4h. Explain the purpose of the proposed project:*
The distribution lines are being relocated due to the widening of Wilson Road.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
Impact 1: This crossing occurs in the north section of the new easement (Exhibit 6). On the north side of the FBR a new 50-foot pole will be added (Pole 6-79). On the south side of the
FBR a 40-foot pole (P78) will be replaced by a 50-foot pole (Pole 5-77). The new poles will be ten feet taller than the existing poles thus raising the line heights by approximately 10-feet.
Willson Road bridge adjacent to this area is lower than the current utility lines (Photograph 2, Attachment III). The new line will not pose new navigability issues within the FBR. The pole
specifications for poles 6-79 and 5-77 are included in Attachment IV.
Impact 2: This crossing occurs in the mid -section of the new easement (Exhibit 7). On the west side of the FBR a 40-foot pole (Pole 68) will be replaced by a 55-foot pole. On the east side
of the FBR two 40-foot poles (Poles 66 and 67) will be removed. Pole 65 will be moved and upgraded to a 55-foot pole. The new poles will be 15-feet taller than the existing poles thus
raising the line heights by approximately 15-feet. The new line height will pose less navigability issues within the FBR than the current distribution lines.
Impact 3: This impact will occur in the south section of the new utility easement where a new 45-foot pole will be placed within a jurisdictional wetland. The pole will be set within an
augured hole. The spoils from the auger will be removed from the wetland area. The wetland and adjacent stream will be protected by stormwater Best Management Practices (BMP) such
as silt fencing or waddles. Care will be taken to limit damage or rutting of the wetland area. The impact will be less than 0.001 acre. The contours if altered within the wetland will be
restored back to the original contours. Revegetation will be from seed stock regeneration within the soils. The adjacent stream if crossed will be protected by matting.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?
Yes No O Unknown
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): Andrew Hook
Agency/Consultant Company: S&ME Inc
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
2. Wetland Impacts
I
2a1 Reason (?)
2b. Impact type" (?)
2c. Type of W."
2d. W. name
2e. Forested"
2f. Type of Jurisdicition *
?)
�2g. Impact
area
New Pole
P
Seep
-=]
Wetland 1
No
Both
0.001
(acres)
2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact
0.000 0.001
2g. Total Wetland Impact
0.001
21. Comments:
This impact will occur in the south section of the new utility easement where a new 45-foot pole will be placed within a jurisdictional wetland
3. Stream Impacts
❑
3a. Reason for impact (?)
3b.lmpact type"
3c. Type of impact"
3d. S. name"
3e. Stream Type"
(?)
3f. Type of
Jurisdiction
3g. S. width
r3h.mpact
h*
Line Crossing
9
Permanent
Relocation
:1
French Broad River
::Iff::J�
h;;J;;;:1
31. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts: 31. Total temporary stream impacts:
0 0
3i. Total stream and ditch impacts:
0
3j. Comments:
Utility Distribution Lines are being replaced over a Section 10 Water at two locations. No fill will be placed within the French Broad River
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:
No build was not an option because the project is being completed due to a road widening project. The pole locations were selected to avoid waters,
however, the pole within Wetland 1 could not be avoided.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The wetland and adjacent stream will be protected by storm water Best Management Practices (BMP) such as silt fencing or waddles.
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:
Impact is for the placement of one pole within a wetland. Due to the impact being minimal, it is requested that any mitigation requirement be waived.
F. Stormwater Management and Diffuse Flow Plan (required by DWR) O
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:
French Broad River is not within the Riparian Buffer Program
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.
The relocation of distribution lines alone should not result in additional development.
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?
The Information for Planning and Consultation (IPaC) website report was obtained for the project area from the USFWS website and the North Carolina
Natural Heritage Program (NCNHP) database was queried.
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.habitat.noaa.gov/apps/efhmapper/
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?"
In September 2023, a background literature review and records search were conducted at the North Carolina Office of State Archaeology (OSA) and at
the State Historic Preservation Office (SHPO).
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:
Transylvania County requires a Floodplain Development Permit for work within the floodway and SFHA. S&ME is currently working with Transylvania
County to obtain the Floodplain Development Permit. A copy of the approval will be forwarded when received.
8c. What source(s) did you use to make the floodplain determination?"
https://msc.fema.gov/portal/home
Miscellaneous
L
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
Wilson Road PCN Background (MKA).pdf 27.37MB
File must be PDF or KMZ
Comments
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:
Bob Mabry
Signature
Date
2/26/2024