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HomeMy WebLinkAbout20240538 Ver 1_1.0_Sweetwater_PCN_FillableForm_20240329_20240408w STA7F w HP o.11II NQ y NORTH CARCLINA Environmental Quality Water Resources Office Use Only Corps Action I D no. [Click to enter.] Date received: [Click to enter.] DWR project no. lick enter.] Date received: [Click to enter.] Site Coordinates: Latitude (DD.DDDDDD): 35.722314' Longitude (DD.DDDDDD): 81.310363' Form Version 4.3, April 20, 2022 Pre -Construction Notification (PCN) Form (Ver. 4.2, January 31, 2022)) For Nationwide Permits and Regional General Permits and corresponding Water Quality Certifications Please note: fields marked with a red asterisk are required. The form is not considered complete until all mandatory questions are answered. The PCN help document may be found at this link: https://edocs.deg.nc.gov/WaterResources/DocView.aspx?dbid=0&id=2196924&cr=1 Please ensure you have submitted a pre -filing meeting request at least 30 days prior to submitting this form, as DWR will not be able to accept your application without documentation of this important first step. The Division has developed a Pre -filing Meeting Request email address 401 PreFile(a)-ncdenr.gov to accept the federally required pre -filing meeting request and provide confirmation receipt of submittal . This receipt or similar documentation will satisfy 40 C.F.R. Section 121.4(a) which states "At least 30 days prior to submitting a certification request, the project proponent shall request a pre -filing meeting with the certifying agency." In accordance with 40 C.F.R. Section 121.5(b)(7), and (c)(5), all certification requests must include documentation that a pre -filing meeting request was submitted to the certifying authority at least 30 days prior to submitting the certification request. Attach documentation of Pre -Filing Meeting Request to this Application. Date of Pre -filing Meeting Request (MM/DD/YYYY) : 11/28/2023 Page 1 of 22 PCN Form Version 4.3- April 20, 2022 A. Processing Information County (counties) where project is located: * Catawba Additional (if needed). Is this an ARPA project? * ❑ Yes ❑x No If yes, ARPA project number: * The project number can be found on the "Letter of Intent to Fund" (LOIF) or "Offer and Acceptance Letter". If you are unable to locate Click or tap here to enter text. your DWI ARPA Funding Project Number, please contact Corey Basinger at corey.basinger(cDncdenr.gov for further assistance. Is this a NCDMS project? * (Click yes only if NCDMS is the applicant or co- ❑ Yes ❑x No applicant) Is this a public transportation project? (Publicly funded municipal, state, or federal road, rail, ❑ Yes ❑x No or airport project) Is this a NCDOT project? * ❑ Yes ❑x No If yes, NCDOT TIP or state project number: Click to enter. If yes, NCDOT WBS number: * Click to enter. ❑x Section 404 Permit (wetlands, streams, waters, Clean Water Act) 1 a. Type(s) of approval sought from the Corps: * ❑ Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted? * ❑ Yes ❑x No Please provide the date of the previous submission. * Click to enter a date. ❑x Nationwide Permit (NWP) 1 b. What type(s) of permit(s) do you wish to seek ❑Regional General Permit (RGP) authorization? * ❑ Standard (IP) This form may be used to initiate the standard/ individual permit process with the USACE. Please contact your Corps representative concerning submittals for standard permits. All required items can be included as attachments and submitted with this form. 1 c. Has the NWP or GP number been verified by the Corps? * ❑ Yes ❑x No NWP number(s) (list all numbers ): 57 — Electric Utility Line and Telecommunications Activities RGP number(s) (list all numbers ): Click to enter Are you a federal applicant? ❑ Yes ❑x No If yes, please provide a statement concerning compliance with the Coastal Zone Management Act Click to enter text 1 d. Type(s) of approval sought from DWR (check all that apply): ❑x 401 Water Quality Certification — Regular ❑ 401 Water Quality Certification— Express ❑ Non-404 Jurisdictional General Permit ❑ Riparian Buffer Authorization ❑ Individual 401 Water Quality Certification Page 2 of 22 PCN Form Version 4.3- April 20, 2022 Is this a courtesy copy notification ❑ Yes ❑x No 1 e. Is this notification solely for the record because written approval is not required? * For the record only for DWR 401 Certification: * ❑ Yes ❑x No For the record only for Corps Permit: * ® Yes ❑ No 1 f. Is this an after -the -fact permit/certification application? * ❑ Yes ❑x No 1 g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? ❑ Yes ❑x No If yes, attach the acceptance letter from mitigation bank or in -lieu fee program. 1 h. Is the project located in any of NC's twenty coastal counties? * ❑ Yes ❑x No 1 i. Is the project located within an NC DCM Area of Environmental Concern (AEC)? * ❑ Yes ❑x No ❑ Unknown 1j. Is the project located in a designated trout watershed? * ❑ Yes ❑x No If yes, you must attach a copy of the approval letter from the appropriate Wildlife Resource Commission Office. Trout information may be found at this link: http://www.saw.usace.army.miI/Missions/Regulatory-Permit- Program/Agency-Coordination/Trout.aspx Page 3 of 22 PCN Form Version 4.3- April 20, 2022 B. Applicant Information 1 a. Who is the primary contact? * Jonathan Stone 1 b. Primary Contact Email: * Jonathan.Stone@duke-energy.com 1 c. Primary Contact Phone: * (###)###-#1### (980) 373-1834 1 d. Who is applying for the permit/certification? * (check all that apply) ❑ Owner ❑x Applicant (other than owner) 1 e. Is there an agent/consultant for this project?* ® Yes ❑ No 2. Landowner Information 2a. Name(s) on Recorded Deed: * Martin Marrieta Materials Inc. and Duke Energy Carolinas, LLC -Easement 2b. Deed Book and Page No.: Book 3819, Page 0629 2c. Contact Person (for corporations): Jonathan Stone 2d. Address * Street Address: 526 S. Church Street Address line 2: '.lick to enter City: Charlotte State/ Province/ Region: North Carolina Postal/ Zip Code: 28202 Country: Click to enter. 2e. Telephone Number: * (###)###-#### Click to enter. 2f. Fax Number: (###)###-#1### Click to enter 2g. Email Address: * Jonathan.Stone@duke-energy.com 3. Applicant Information (if different from owner) 3a. Name: * Jonathan Stone 3b. Business Name (if applicable): Duke Energy Carolinas, LLC 3c. Address: * Street Address: 526 S. Church Street Address line 2: ;lick to enter City: Charlotte State/ Province/ Region: North Carolina Postal/ Zip Code: 28202 Country United States 3d. Telephone Number: * (###)###-#### (980) 373-1834 3e Fax Number: (###)###-#1### ;lick to enter Page 4 of 22 PCN Form Version 4.3- April 20, 2022 3f. Email Address: * Jonathan.Stone@duke-energy.com 4. Agent/ Consultant (if applicable) 4a. Name: * Johanna Velasquez 4b. Business Name: HDR Engineering, Inc. 4c. Address: * Street Address: 440 South Church Street Address line 2: Suite 1200 City: Charlotte State/ Province/ Region: NC Postal/ Zip Code: 28202 Country: United States 4d. Telephone Number: * (###)###-#### (980) 337-5012 4e Fax Number: (###)###-#1### Click to enter 4f. Email Address: * johanna.velasquez@hdrinc.com Agent Authorization Letter:* Attach a completed/signed agent authorization form or letter. A sample form may be found at this link: https://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Permits/2017-Nationwide-Permits/Pre- construction-Notification/ Page 5 of 22 PCN Form Version 4.3- April 20, 2022 C. Project Information and Prior Project History 1. Project Information 1 a. Name of project: * Sweetwater Tap Line Relocation Project 1 b. Subdivision name (if appropriate): N/A 1c. Nearest municipality/town: * Hickory 2. Project Identification 2a. Property identification number (tax PIN or parcel ID): 371215640891 and 371210355299 (Exhibit A-1, A- 2, and A-3) 2b. Property size (in acres): N/A -ROW 2c. Project Address: Street Address: N/A- ROW Address line 2: Click to enter. City: Click to enter. State/ Province/ Region: Click to enter. Postal/ Zip Code: Click to enter. Country: Click to enter. 2d. Site coordinates in decimal degrees (using 4-6 digits after the decimal point): * Latitude (DD.DDDDDD): * 35.722314' Longitude (-DD.DDDDDD): *-81.310363° 3. Surface Waters 3a. Name of nearest body of water to proposed project: * Clark Creek 3b. Water Resources Classification of nearest receiving C water: * The Surface Water Classification map may be found at this link: htti)s://ncdenr.maps.arcqis.com/apes/webaggviewer/index.html?id=6el 25ad7628f494694e259c80dd64265 Catawba 3c. In what river basin(s) is your project located? * Choose additional (if needed 3d. Please provide the 12-digit HUC in which the project is Upper Clark Creek 1030501020302 located: The Find Your HUC map may be found at this link: htti)s://ncdenr.maps.arcqis.com/apes/Publiclnformation/index.html?appid=ad3a85aOc6d644aOb97cdO69db238ac3 Page 6 of 22 PCN Form Version 4.3- April 20, 2022 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 Study Aea consists of approximately 1 mile of an existing utility line right-of-way located south of Tate Boulevard and North 11th Avenue in the City of Hickory, North Carolina (Figure 1). 4b. Have Corps permits or DWR certifications been obtained for this ❑ Yes ❑x No ❑ Unknown project (including all prior phases) in the past? * If yes, please give the DWR Certification number and/or Corps [Click to enter.] Action ID (ex. SAW-0000-00000): IClick to enter.] Attach any pertinent project history documentation 4b2. Is any portion of the work already complete? * ❑ Yes ❑x No If yes, describe the completed work. 4c. List of other certifications or approvals/denials received from other federal, state or local agencies for work described in this application not related to the 404 or 401. TBD 4d. Attach an 8'h x 11" excerpt from the most recent version of the USGS topographic map indicating the location of the project site. 4e. Attach an 8'h x 11" excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. 4f. List the total estimated acreage of all existing wetlands on the 0.01 acres property: 4g. List the total estimated linear feet of all existing streams (intermittent 424 linear feet and perennial) on the property: 4g1. List the total estimated acreage of all existing open waters on the 0 acres property: 4h. Explain the purpose of the proposed project: The proposed Project involves the installation of a permanent culvert to provide access for work associated with the relocation of the Sweetwater 100- kilovolt (kV) Transmission Line in Catawba County, North Carolina. The Project area consists of approximately 1 mile of an existing utility line right-of-way located south of Tate Boulevard and north eleventh avenue in the City of Hickory, North Carolina (Figures 1 and 2). The Sweetwater Tap Relocation Project (Project) proposes to install the permanent culvert to provide access for the relocation of the transmission line. Maintaining access to the utility line is critical to perform maintenance and emergency repairs to this important infrastructure. Specifically, one Corrugated Metal Pipe (CMP) arch culvert will be installed in order to construct an access road across a tributary to Clark Creek (Tributary 2). 4i. Describe the overall project in detail, including the type of equipment to be used: * The Project proposes to install a new 40-foot long, 87-inch by 57-inch pipe -arch CMP culvert to provide permanent access for the construction and maintenance associated with the Sweetwater Tap Relocation Project. The culvert was sized to accommodate a 10-year 24-hour storm event without overtopping. Installation of the downstream rip rap dissipation pad will result in permanent impacts below the Ordinary High Water Mark of the tributary to Clark Creek (Tributary 2). A pump around will be implemented in order to work in the dry and will result in temporary fill associated with impervious dikes and de -watering impacts. The culvert will be installed approximately 1 foot below the existing stream bed at a slope that allows for passage of water and movement of aquatic life. Standard construction equipment will be used, such as excavators, backhoes, hauling trucks, etc. 4j. Attach project drawings/site diagrams/depictions of impact areas for the proposed project. 4k. Will this activity involve dredging in wetlands or waters? * ❑ Yes ❑x No Page 7 of 22 PCN Form Version 4.3- April 20, 2022 If yes, describe the type of dredging, the composition of the dredged material, and the locations of disposal area. Page 8 of 22 PCN Form Version 4.3- April 20, 2022 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or in ® Yes ❑ No ❑ Unknown proposed impact areas? Comments: Duke Energy contracted Terracon Consultants, Inc. to survey the Project area for the presence of jurisdictional waters of the U.S. regulated under Section 404 of the CWA and Section 10 of the Rivers and Harbors Act. The survey investigations were conducted in May 2023 and identified three potential jurisdictional streams and one potential jurisdictional wetland (Figure 3). A summary and maps of jurisdictional waters of the U.S., and associated photographs are provided in Exhibit B. 5b. If the Corps made a jurisdictional determination, ❑ Preliminary ❑ Approved ❑ Emailed concurrence what type of determination was made? * ❑x Not Verified ❑ Unknown ❑ n/a Corps AID number (ex. SAW-0000-00000): Click to enter Name (if known): 5c. If 5a is yes, who delineated the jurisdictional Agency/Consultant Company: Terracon Consultants, Inc. areas? Other: r;lirk to enter 5d. List the dates of the Corps jurisdictional determination or State determination if a determination was made by either agency. N/A 5d1. Attach jurisdictional determinations. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ❑x No 6b. If yes, explain. Are any other NWP(s), regional general permit(s), or individual permit(s) used, or intended to be used, to authorize any part of the proposed project or related activity? This includes other separate and distant crossings for linear projects that require Department of the Army authorization but don't require pre -construction notification. No 7. Addresses of adjoining property owners, lessees, etc. whose property adjoins the waterbody (if more than can be entered here, please attach a supplemental list) See attached Adjacent Property Owner Mailing List (Table 1) and Catwaba County Parcels (Figure 4). 8. Scheduling of activity: Activity is scheduled to be start as soon as authorization is received. Page 9 of 22 PCN Form Version 4.3- April 20, 2022 D. Proposed Impacts Inventory Impacts Summary ❑ Wetlands ❑x Streams - tributaries 1 a. Where are the impacts associated with your project ❑ Buffers ❑ Open Waters (check all that apply): ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, complete this table for each wetland area impacted. 2a. Site #* 2a1. Impact Reason/Type* 2b. Impact Duration* 2c. Wetland Type* 2d. Wetland Name* 2e. Forested ?* 2f. Jurisdiction Type* 2g. Impact Area (ac)* W1 Choose one "emp/ Perm Choose one Click to enter Y/N Choose one Click to enter W2 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W3 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W4 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W5 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W6 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W7 Choose one "emp/ Perm Choose one Click to enter Y/N Choose one Click to enter W8 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W9 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W10 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W11 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W12 Choose one emp/ Perm Choose one Click to enter Y/N Choose one Click to enter W13 Choose one emp/ Perm Choose one Click to enter Y/N Choose one Click to enter W14 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W15 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter 2g1. Total temporary wetland impacts Click to enter. ac 2g2. Total permanent wetland impacts Click to enter. ac 2g3. Total wetland impacts ac 2h. Type(s) of material being discharged and the amount of each type in cubic yards: Click to enter text. 2i. Comments: No impacts to jurisdictional wetlands are anticipated. Page 10 of 22 PCN Form Version 4.3- April 20, 2022 3. Stream Impacts If there are perennial or intermittent stream/ tributary impacts (including temporary impacts) proposed on the site, complete this table for all stream/ tributary sites impacted. ** All Perennial or Intermittent streams must be verified by DWR or delegated local government Site #* 3a Impact Reason* 3b. Impact Duration* 3c. Impact Type* 3d. Stream Name* 3e. Stream Type* 3f. Jurisdiction Type* 3g. Stream Width (avg ft) * 3h. Impact length (linear ft) S1 Culvert Permanent Crossing/ Culvert Tributary 2- T2 Intermittent Both 5 40 S2 Dissipation Pad Permanent Fill (Incl. Riprap) Tributary 2— T2 Intermittent Both 5 34 S3 Pump -Around Temporary Dewatering Tributary 2- T2 Intermittent Both 5 20 S4 Click to enter Temp/ Perm Choose one Click to enter 'er/Int Choose one Click to enter Click to enter S5 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S6 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S7 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S8 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S9 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S10 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S11 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S12 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S13 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S14 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S15 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S16 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S17 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S18 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S19 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S20 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter 3i1. Total jurisdictional ditch impact: 0 linear ft 3i2. Total permanent stream impacts: 74 linear ft M. Total temporary stream impacts: 20 linear ft 3i4. Total stream and ditch impacts: 94 linear ft 3j. Comments: The culvert installation will result in 74 If of permanent stream (-0.007 ac), and 20 If of temporary impacts (-0.002 ac.) associated with dewatering activities. Page 11 of 22 PCN Form Version 4.3- April 20, 2022 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S., individually list all open water impacts in the table below. 4a. Site #* 4a1. Impact Reason 4b. Impact Duration* 4c. Waterbody Name* 4d. Activity Type* 4e. Waterbody Type* 4f. Impact area (ac)* 01 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 02 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 03 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 04 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 05 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 4g. Total temporary open water impacts Click to enter. ac 4g. Total permanent open water impacts Click to enter. ac 4g. Total open water impacts Click to enter. ac 4h. Comments: No impacts to open waters are anticipated. 5. Pond or Lake Construction If pond or lake construction is proposed, complete the table below. (*This does NOT include offline stormwater management ponds.) 5a. 5b. 5c. 5d. 5e. Pond ID Proposed use or Wetland Impacts (ac) Stream Impacts (ft) Upland # purpose of pond Impacts (ac) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. P2 Choose one Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. P3 Choose one Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. 5f. Total Click to Click to Click to Click to Click to Click to Click to ent( enter. enter. enter. enter. enter. enter. 5g. Comments: No impacts to ponds or lakes are proposed as a result of this Project. 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no.: Click to enter. 5i. Expected pond surface area (acres): Click to enter. 5j. Size of pond watershed (acres): Click to enter. 5k. Method of construction: Click to entE Page 12 of 22 PCN Form Version 4.3- April 20, 2022 6. Buffer Impacts (DWR requirement) If project will impact a protected riparian buffer, then complete the chart below. Individually list all buffer impacts. 6a. Project is in which protected basin(s)? * (Check all that apply.) ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Jordan ❑ Goose Creek ❑ Randleman ❑ Other: ;lick to enter Site #* 6b. Impact Type* 6c. Impact Duration* 6d. Stream Name* 6e. Buffer Mitigation Required?* 6f. Zone 1 Impact* (sq ft) 6g. Zone 2 Impact* (sq ft) 131 Choose one Temp/ Perm Click to enter. iN Click to enter. ClICK to enter. 132 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 133 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 134 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 135 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 136 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 137 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 138 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 139 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B10 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 1311 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B12 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B13 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B14 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B15 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B16 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B17 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B18 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B19 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B20 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 6h. Total temporary impacts: Zone 1: Click to enter. sq ft Zone 2: Click to enter. sq ft 6h. Total permanent impacts: Zone 1: Click to enter. sq ft Zone 2: Click to enter. sq ft 6h. Total combined buffer impacts: Zone 1: Click to enter. sq ft Zone 2: Click to enter. sq ft 6i. Comments: The Study Area is located in the Catawba River Basin. Per the Catawba River Basin riparian buffer rules, a 50- foot buffer applies to all shorelines along Catawba River mainstem below Lake James to the North Carolina/South Carolina border and all shorelines of the Catawba mainstem lakes. The Project is not located along the mainstem of the Catawba River, therefore this buffer requirement does not apply to the Project. Please attach supporting documentation (impact maps, plan sheets, etc.) for the proposed project. Page 13 of 22 PCN Form Version 4.3- April 20, 2022 E. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts through project design: The proposed Project has been designed to avoid and minimize impacts to jurisdictional surface waters. Duke Energy contracted Terracon Consultants, Inc. to survey the Project area for the presence of jurisdictional waters of the U.S. regulated under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act. The field survey was conducted in May 2023 and the investigations aided the Project's design to avoid and minimize impacts to jurisdictional surface waters. The delineation identified 3 streams and 1 wetland within the Project. Furthermore, the stream crossing has been designed to minimize permanent impacts to the maximum extent possible. The length of the proposed culvert was reduced from 90 feet in length (original design, due to site conditions) to a 40-foot-long arched CMP culvert. The culvert design (Exhibit D) as well as other engineering construction alternatives have allowed to the permanent impacts to Tributary 2 to be reduced by 50 feet. 1 b. Specifically describe measures taken to avoid or minimize proposed impacts through construction techniques: The culvert installation will be conducted in a manner that will promote safe passage of fish and other organic organisms. Specifically, the culvert will be buried 1-foot below the stream bed (Exhibit C — Detail 10, Sheet PED3). Erosion control measures will be installed to encompass the construction limits prior to construction. The E&SC plan will be implemented during construction to prevent sedimentation impacts to water resources. Best Management Practices (BMP) will include installing protective silt fencing. The work area will be inspected daily for signs of erosion or degradation and BMP device failure. Pump-arounds or bypass flume will be installed to allow for work to be completed within a dry workspace and water will be passed through a sediment filter bag before returning to the stream. Pump(s) will be sized accordingly to convey normal stream flow. Dewatering will be conducted through a silt bag or sedimentation control measure that is located within the easement and outside of any wetland area (Exhibit C —Detail No. 8, Sheet PED2). Mechanical equipment will not operate within streams or traverse the stream without the use of a temporary bridge. No wastes, spoils, or fill will be placed within the stream, or riparian areas beyond the permitted disturbance limits. Equipment will be kept within construction limits and disturbance minimized by the use of timber mats. Refueling of equipment will be conducted in upland areas away from waterbodies. 2. Compensatory Mitigation for Impacts to Waters of the U.S., Waters of the State, or Riparian Buffers 2a. If compensatory mitigation is required, by whom is it required? * ❑ DWR ❑ Corps (check all that apply) 2b. If yes, which mitigation option(s) will be used for this ❑ Mitigation Bank project? * (check all that apply) ❑ In Lieu Fee Program ❑ Permittee Responsible Mitigation 3. Complete if using a Mitigation Bank (Must satisfy NC General Statute143-214.11 (d1).) 3a. Name of mitigation bank: Click to ente� 3b. Credits purchased/requested: Type: Quantity ;lick to enter. Type: Quantity lick to enter. Type: Quantity .lick to enter Attach receipt and/or approval letter. Page 14 of 22 PCN Form Version 4.3- April 20, 2022 3c. Comments: N/A 4. Complete if Using an In Lieu Fee Program 4a. Attach approval letter from in lieu fee program. 4b. Stream mitigation requested: Click to enter. linear feet 4c. If using stream mitigation, what is the stream temperature: Choose one NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington District's RIBITS website: (Please use the filter and select Wilmington district) htti)s://ribits.usace.army.mil/ribits apex/f?i)=107:27:2734709611497::NO:RP:P27 BUTTON KEY:O 4d. Buffer mitigation requested (DWR only): Click to enter square feet 4e. Riparian wetland mitigation requested: Click to enter acres 4f. Non -riparian wetland mitigation requested: Click to enter acres 4g. Coastal (tidal) wetland mitigation requested: Click to enter acres 4h. Comments: N/A 5. Complete if Providing a Permittee Responsible Mitigation Plan 5a. If proposing a permittee responsible mitigation plan, provide a description of the proposed mitigation plan, including mitigation credits generated. Click to enter. 5b. Attach mitigation plan/documentation. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — DWR requirement 6a. Will the project result in an impact within a protected riparian buffer ❑ Yes ❑x No that requires buffer mitigation? If yes, please complete this entire section — please contact DWR for more information. 6b. If yes, identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required in the table below. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 Click to enter. Click to enter. Choose one Click to enter. Zone 2 Click to enter. Click to enter. Choose one Click to enter. 6f. Total buffer mitigation required Click to enter. 6g. If buffer mitigation is required, is payment to a mitigation bank or ❑ Yes ❑ No NC Division of Mitigation Services proposed? 6h. If yes, attach the acceptance letter from the mitigation bank or NC Division of Mitigation Services. 6i. Comments: N/A Page 15 of 22 PCN Form Version 4.3- April 20, 2022 Page 16 of 22 PCN Form Version 4.3- April 20, 2022 F. Stormwater Management and Diffuse Flow Plan (DWR requirement) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers ❑ Yes ❑x No identified within one of the NC Riparian Buffer Protection Rules? 1 b. All buffer impacts and high ground impacts require diffuse flow or other form of stormwater treatment. If the project is subject to a state implemented riparian buffer protection program, include a plan that fully documents how diffuse/dispersed flow will be maintained. All Stormwater Control Measures (SCM) must be designed in accordance with the NC Stormwater Design Manual (https://deg.nc..qov/about/divisions/energv-mineral-land-resources/energv-mineral-land-permit- guidance/stormwater-bmp-manual). Associated supplement forms and other documentation must be provided. ❑ Level Spreader What Type of SCM are you ❑ Vegetated Conveyance (lower seasonal high water table- SHWT) providing? ❑ Wetland Swale (higher SHWT) (Check all that apply) ❑ Other SCM that removes minimum 30% nitrogen ❑ Proposed project will not create concentrated stormwater flow through the buffer For a list of options to meet the diffuse flow requirements, click here. Attach diffuse flow documentation. 2. Stormwater Management Plan 2a. Is this an NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? * El Yes 0 No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? * 0 Yes ❑ No To look up low density requirements, click here: http://reports.oah. state. nc.us/ncac/title%2015a%20-%20environmental%20guality/chapter%2002%20- %20environmental%20management/subchapter%20h/15a%20ncac%2002h%20.1003.pdf 2c. Does this project have a stormwater management plan (SMP) ElYes ElNo reviewed and approved under a state stormwater program or state - approved local government stormwater program? * 0 n/a — project disturbs < 1 acre Note: Projects that have vested rights, exemptions, or grandfathering from state or locally implemented stormwater programs or projects that satisfy state or locally -implemented stormwater programs through use of community in -lieu programs should answer "no" to this question. 2d. Which of the following stormwater management program(s) apply? ❑ Local Government (Check all that apply.)* 0 State If you have local government approval, please include the SMP on their overall impact map. Local Government Stormwater Programs * ❑ Phase II ❑ USMP ❑ NSW ❑ Water Supply Page 17 of 22 PCN Form Version 4.3- April 20, 2022 Please identify which local government stormwater program you are using. State Stormwater Programs * ❑ Phase II ❑x HQW or ORW ❑ Coastal Counties ❑ Other Comments: Click to enter. Page 18 of 22 PCN Form Version 4.3- April 20, 2022 G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) ❑ Yes ❑x No funds or the use of public (federal/state) land? * 1 b. 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 El Yes El No Policy Act (NEPA/SEPA)? * 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the ❑ Yes ❑ No NEPA or SEPA final approval letter.) Comments: N/A 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), Federally Non -Jurisdictional Wetlands /Classified Surface Waters ❑ Yes ❑x No (15A NCAC 2H. 1400) DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? * 2b. If you answered "yes" to the above question, provide an explanation of the violation(s): .:lick to enter. 3. Cumulative Impacts (DWR Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby ❑ Yes ❑x No downstream water quality? * 3b. If you answered "no", provide a short narrative description: This project is privately funded and will not require a cumulative impact analysis. Best management practices will be deployed through the duration of the project. The completed project is not anticipated to result in incremental adverse affects to downstream water quality. 3c. If yes, provide a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWR policy. (Attach .pdf) 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project? * ❑ Yes ❑ No ❑x N/A Page 19 of 22 PCN Form Version 4.3- April 20, 2022 4b. If yes, 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. Click to enter. 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected ® Yes ❑ No species or habitat? (IPAC weblink: https://www.fws.gov/ipac/ ffws.govl) 5b. Have you checked with the USFWS concerning Endangered Species ❑ Yes ❑x No Act impacts? * 5c. If yes, indicate the USFWS Field Office you have contacted. Choose one 5d. Is another federal agency involved? * ❑ Yes ❑x No ❑ Unknown If yes, which federal agency? Click to enter. 5e. Is this a DOT project located within Divisions 1-8? * ❑ Yes ❑x No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? * ®Yes El No 5g. Does this project involve bridge maintenance or removal? * ❑ Yes ❑x No 5g1. If yes, have you inspected the bridge for signs of bat use such as staining, guano, bats, etc.? Representative photos of signs of bat use ❑ Yes ❑ No can be found in the NLEB SLOPES, Appendix F, pages 3-7. Representative photos of signs of bat use can be found in the NLEB SLOPES, Appendix F, pages 3-7. Link to NLEB SLOPES document: http://saw-reg.usace.army.mil/NLEB/1-30-17-signed NLEB-SLOPES&apps.pdf If you answered yes to 5g1, did you discover any signs of bat use? * ❑ Yes ❑ No ❑ Unknown If yes, please show the location of the bridge on the permit drawings/ project plans 5h. Does this project involve the construction/ installation of a wind turbine(s)? * ❑ Yes ❑x No If yes, please show the location of the wind turbine(s) on the permit drawings/ project plans (attach .pdf) 5i. Does this project involve blasting and /or other percussive activities that will be conducted by machines, such as jackhammers, ❑ Yes ❑x No mechanized pile drivers, etc.? * If yes, please provide details to include type of percussive activity, purpose, duration, and specific location of this activity on the property (attach .pdf) 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? * USFWS information for Planning and Conservation (IPaC) online mapping system for information on threatened and endangered species. Attach consultation documentation. 6. Essential Fish Habitat (Corps Requirement) Page 20 of 22 PCN Form Version 4.3- April 20, 2022 6a. Will this project occur in or near an area designated as an Essential Fish Habitat? * ❑ Yes ❑x No Is there submerged aquatic vegetation (SAV) around the project vicinity? * El Yes ❑x No El Unknown Will this project affect submerged aquatic vegetation? * ❑ Yes ❑ No ❑x Unknown Explain: 6b. What data source(s) did you use to determine whether your site would impact Essential Fish Habitat? The National Oceanic and Atmospheric Administration Inland, Essential Fish Habitat (EFH) Mapper. The query indicated that no EFH consultation was necessary. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data): http://,qis.ncdcr.gov/hpoweb/ 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 (e.g., National Historic Trust designation or ❑ Yes ❑x No properties significant in North Carolina history and archaeology)? 7b. What data source(s) did you use to determine whether your site would impact historic or archeological resources? * North Carolina State Historic Preservation Office (SHPO) HPOWEB GIS service database was queried on May 5, 2023 and revealed that no historical resources were located within the project study area. Two cultural resources were mapped within a 0.5-mile radius of the Project; however, their status was "unasssed and gone". 7c. Attach historic or prehistoric documentation. 8. Flood Zone Designation (Corps Requirement) Link to the FEMA Floodplain Maps: https://msc.fema.,qov/portal/search 8a. Will this project occur in a FEMA-designated 100-year floodplain? * ❑ Yes ❑x No 8b. If yes, explain how the project meets FEMA requirements. "lick tr 8c. What source(s) did you use to make the floodplain determination? Flood Insurance Rate Map (FIRM) Map Panel 3710371200J, eff. 9/5/2007 (Figure 5). H. Miscellaneous Comments: Click to enter. Attach pertinent documentation or attachments not previously requested Page 21 of 22 PCN Form Version 4.3- April 20, 2022 I. Signature * ❑x By checking the box and signing below, I, as the project proponent, certify to the following: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete, to the best of my knowledge and belief; • 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; • The project proponent hereby agrees 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"); • The project proponent hereby agrees to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • The project proponent hereby understands that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • As the project proponent, I intend to electronically sign and submit the PCN/online form. Full Name: * Johanna Velasquez Signature: * Click to enter. Date: * Click to enter. Page 22 of 22 PCN Form Version 4.3- April 20, 2022