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HomeMy WebLinkAbout20240409 Ver 1_ePCN Application_20240311i 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# * 20240409 1 Is a payment required for this project?* No payment required What amount is owed?* Fee received $240.00 $570.00 Fee needed - send electronic notification $323.00 $767.00 Reviewing Office* Select Project Reviewer* Mooresville Regional Office - (704) 663-1699 Andrew Pitner:andrew.pitner Information for Initial Review la. Name of project: Bridge No. 82 Distribution Rebuild Project 1a. Who is the Primary Contact?* Andrew Olah 1b. Primary Contact Email: * 1c. Primary Contact Phone:* andrew.olah@duke-energy.com (704)382-4596 Date Submitted 3/11/2024 Nearest Body of Water South Fork Catawba River Basin Catawba Water Classification WS-V Site Coordinates Latitude: Longitude: 35.249059-81.073016 A. Processing Information Is this project connected with ARPA funding? Yes No County (or Counties) where the project is located: Gaston Is this a NCDMS Project Yes No Is this project a public transportation project?* Yes No O 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): n/a 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 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. Nani on recorded deed: Multiple landowners/easements, please see Attachment E in the PCN package upload 2b. Deed book and page no.: please see attached PCN package, Attachment E 2c. Contact Person: please see attached PCN package, Attachment E 2d.Address Street Address please see attached PCN package, Attachment E Address Line 2 city please see attached PCN package, Attachment E Postal / Zip Code please see attached PCN package, Attachment E 401 Water Quality Certification - Express Riparian Buffer Authorization Yes No Yes No State / Province / Region please see attached PCN package, Attachment E Country please see attached PCN package, Attachment E 2e. Telephone Number: (704)382-4596 2g. Email Address:* andrew.olah@duke-energy.com 3. Applicant Information (if different from owner) 3a. Name: Andrew Olah 3b. Business Name: Duke Energy Carolinas, LLC 3c.Address Street Address P.O. Box 70516 Address Line 2 City Charlotte Postal / Zip Code 28272 3d. Telephone Number: (704)382-4596 3f. Email Address: andrew.olah@duke-energy.com 4. Agent/Consultant (if applicable) 4a. Name: Crystal Joyce 4b. Business Name: HDR Inc. 4c.Address Street Address 138 Canal Street, Suite 501 Address Line 2 City Pooler Postal / Zip Code 31322 4d. Telephone Number: (210)841-2975 4f. Email Address:* crystal.joyce@hdrinc.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) n/a 1c. Nearest municipality I town: Cramerton 2. Project Identification 2f. Fax Number: State / Province / Region North Carolina Country USA 3e. Fax Number: State / Province / Region Georgia Country USA 4e. Fax Number: 2a. Property Identification Number: 2b. Property size: Attachment E Attachment E 2c. Project Address Street Address Multiple landowners/easements, please see Attachment E in the PCN package upload Address Line 2 City please see Attachment E Postal / Zip Code please see Attachment E 3. Surface Waters 3a. Name of the nearest body of water to proposed project: South Fork Catawba River 3b. Water Resources Classification of nearest receiving water: WS-V 3c. What river basin(s) is your project located in?" Catawba 3d. Please provide the 12-digit HUC in which the project is located. 030501020605 4. Project Description and History State / Province / Region please see Attachment E 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 site consists of Duke Energy and North Carolina Department of Transportation (NCDOT) rights -of -way (ROWS) along Wilkinson Boulevard (State Highway [SH] 74) and extends through forested, commercial, and residential areas (Attachment C, Figures 1 through 3). The proposed transmission line corridor is in a partial urban area of Cramerton, North Carolina and Gaston County and crosses natural riparian areas of the South Fork Catawba River. 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: 0.001 4g. List the total estimated linear feet of all existing streams on the property: 213 4h. Explain the purpose of the proposed project:' NCDOT is planning to widen Wilkinson Boulevard (SH 74), as such Duke Energy is required to remove, relocate, and rebuild an existing 13 kilovolt (kV) single overhead transmission line to avoid construction impacts with the planned roadway widening. The Project will rebuild approximately 0.5 miles of overhead electrical distribution line, single 13kV line, along an adjacent alignment immediately north of the existing line in order to accommodate the NCDOT corridor widening. The new overhead transmission line will span above the South Fork Catawba River, no work is proposed within the river. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: The overall Project extends approximately 0.5 miles from the intersection of Market Street/Wesleyan Drive and Wilkinson Boulevard (SH 74) eastward along Wilkinson Boulevard to the intersection of Orchard Groves Court and Wilkinson Boulevard. Construction activities will include removing 51 poles and installing 42 new poles as well as overhead conductors. A portion of the proposed overhead lines will span over the South Fork Catawba River on the north side of Bridge No. 82, no work is proposed within the river (Attachment C, Figure 2). Duke Energy is proposing one (1) replacement / permanent aerial distribution line that will cross over/above the South Fork of the Catawba River. The 13kV line removal and relocation will be contained within existing right-of-way (ROW) and adjacent Duke Energy owned land. The new alignment will be position immediately north and adjacent to the current existing line. All replacement distribution structures will be located outside of the jurisdictional boundaries of the Catawba River and construction work would not occur within the river. The proposed water crossing vertical clearance for the Catawba River shall exceed the National Electric Safety Code (NESC) requirement of seventeen (17) feet, pursuant to Part 2, Rule 232B, above the Catawba River full pond elevation of 569.4 ft (AMSL) at the bottom of the conductors' maximum sag condition. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?" Yes No Comments: Delineation efforts conducted by HDR is provided in Attachment C. 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): Agency/Consultant Company: HDR Inc. O Unknown 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? No. D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries O Buffers Open Waters Pond Construction 3. Stream Impacts U F 3a. Reason for impact (?) 3b.lmpact type " 3c. Type of impact* ��name * 3e. Stream Type * (?) 3f. Type of Jurisdiction* 3g. S. width 3h. Impact length* S1 Overhead Crossing Permanent Other T.—r1catawba River Perennial Corps 213 Average (feet) 213 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 3i. Total permanent stream impacts: 213 3i. Total stream and ditch impacts: 213 3j. Comments: 3i. Total temporary stream impacts: The South Fork Catawba River has been identified as a Section 10 waterway. The project will relocate an existing overhead transmission line and therefore is considered a permanent impact requiring a Section 10 permit. All new transmission line facilities will be constructed outside of the jurisdictional limits of the river and construction work would not occur within the jurisdictional boundaries of the river. Section 404 impacts are not proposed for this project as all construction work will avoid temporary and permanent impacts to the river (see Attachment C - Figures/Maps). 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: All Construction activities will be conducted in upland areas to avoid direct impacts to the South Fork Catawba River and the adjacent wetland area. No structures are proposed within the limits of these resources and all access will be conducted via upland areas to either side of the river. The project will also implement best management practices (BMP), including control measures, as outlined in the Project erosion and sediment control plan (Attachment 1). Erosion and sediment control measures will be maintained throughout construction activities and will be removed once final ground stabilization has occurred. Areas of cleared/cut vegetation will be revegetated as appropriate following completion of construction activities. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Erosion and sediment control measures (i.e., silt fencing, mating, silt fence stone outlets, wattles, and construction entrances will be installed per the approved Erosion and Sediment Control Plan prior to initiation of ground disturbing activities on site (Attachment 1). Erosion and sediment control will also be inspected and maintained throughout the Project duration. Construction access will utilize the existing roads and existing maintenance access routes to the greatest extent feasible, all access will be conducted from upland areas and will avoid any direct access within or through the South Fork Catawba River and adjacent wetland area. Stringing of the new line and removal of the old existing line will be conducted utilizing the new and existing structures to avoid in -water crossing of the river during stringing efforts. 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: Neither in -water nor in -wetland impacts are proposed for the Project. The replaced transmission line will span over the river and all supporting structures will be located outside of jurisdictional boundaries. 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? O L Yes No If no, explain why: The Project crosses the South Fork Catawba River and is not located within 50 feet of the Catawba River mainstem or any other regulated lake shoreline of the Catawba River; therefore, riparian buffers do not apply for this Project in accordance with the Catawba Buffer Rules (15A NCAC 02B.0614). 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: none 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 proposed project will be relocating and existing transmission line to avoid potential impacts associated with the adjacent roadway improvements. The proposed project will not be increasing capacity of the transmission line and therefore is not intended to support additional developments. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project? Yes No N/A 4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Waste generated from activities on site will be disposed of at a facility regulated by the Division of Solid Waste Management or per Division of Solid Waste Management or Division of Water Resources Rules and Regulations 15A NCAC 413.0110 (Attachment 1). Portable toilets will be monitored for leaking and a licensed sanitary waste hauler will be utilized for evacuating, removing, and/or replacing portable toilets. A hazardous waste collection area will be designated on site as needed and all hazardous materials will be stored in accordance with regulations. Liquid waste within concrete washout stations will be pumped out and removed from the project site for proper disposal. 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 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 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? USFWS IPaC database and NCNHP Data Explorer database. USFWS concurrence for no potential impacts on federally listed protected species was received on January 10, 2024 and is included in Attachment G. 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 Fisheries - 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? * NRHP GIS Public Dataset and NCSHPO HPOWEB GIS Web Service. Also, NCDNCR concurrence was received on January 17, 2024 and tribal concurrence from the Catawba Nation was received on January 12, 2024 (see Attachment G). 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: Duke Energy is currently coordinating with the Gaston County Floodplain Administrator and the Town of Cramerton for project work that may fall within the floodplain boundaries of each agency. Gaston County has regulatory authority for the floodplain on the west side of the river and the Town of Cramerton has regulatory authority for the floodplain on the east side of the river. Duke Energy will obtain the necessary floodplain development permit (s) as needed based on coordination efforts with these two offices. 8c. What source(s) did you use to make the floodplain determination? * FEMA National Flood Hazard FIRM Panel No. 3710358500J. See Attachment C for floodplain map. Miscellaneous Q 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 00_Bridge82_Section404_USACE_PCN Package _03112024_compiled final.pdf 116.35MB Bridge 82 - South Fork Catawba River.kmz Less than 1 KB 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: Crystal Joyce Signature Date 3/11/2024 L