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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