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HomeMy WebLinkAbout20190984 Ver 1_PCN Form Submission_20190722River Route 23kV Feeder Line Permit Narrative River Route Feeder 23kV Distribution Line Robeson County, NC Supplemental PCN Information to Support Nationwide Permit 12 PCN Section 4h Project Purpose and Need Duke Energy Progress (DEP) routinely monitors and inspects its overhead electric transmission (high voltage) line and distribution (low voltage) line systems for any damage (e.g., storms, woodpecker cavities, vandalism) or routine wear (e.g., normal aging of structures, insulators, conductors, and/or hardware connections). DEP is proposing rebuilding and storm hardening the existing feeder and adding an additional circuit for the River Route 23kV feeder. DEP does, however, propose relocation of approximately 1.0 miles of the line to a point closer to the existing NCDOT right-of-way (ROW) along NC-Highway 72 to facilitate easier and less disruptive access to the line in the future. PCN Section 4i Project Specifics 1.3-Mile Rebuild and Storm Hardening along Hwy 72  Relocate 1.3-miles of feeder to Hwy 72  Requires vegetation clearing for new right of way along Hwy 72, and construction of new line along corridor. A new overhead crossing over the Lumber River, on the southeast side of the Hwy 72 bridge, will be constructed  Includes removal of existing line in wetlands and over Lumber River. This 1.3 -mile section of line is currently inside a 30-foot wide maintained (i.e., mowed every 3-5 years) easement that consists of upland and wetland habitat. The proposed relocation will allow sharing of currently maintained NCDOT road shoulder and the DEP ROW proposed. This roadside ROW will facilitate access for future line inspection and maintenance and will also be less impacting to sensitive areas such as wetlands. DEP proposes to place new poles just inside the NCDOT ROW, 32-feet from the edge of the travel lane of Hwy 72. DEP ROW will be cleared 50-feet from that point inside of NCDOT ROW. New poles will be placed inside wetlands but will result in no permanent impact because of the methodology employed. The existing ROW that is to be abandoned will be allowed to revert to its normal vegetative state providing beneficial upland and wetland habitat. 1.1-Mile Rebuild and Storm Hardening along Hestertown Road  1.1-miles from intersection of Hestertown Road and Hwy 72. River Route 23kV Feeder Line Permit Narrative  Rebuild and storm hardening along the existing feeder; work will be performed at each pole; poles may or may not be replaced or removed; all work performed within existing right of way; a few poles may be shifted. Within this 1.1-mile section, DEP proposes necessary line repairs, as well as replacement of any poles that are structurally unsound. As necessary poles will be slightly shifted in this section to promote a better alignment of the feeder line. This work is considered maintenance that is necessary to rehabilitate the feeder line to meet current electric codes and DEP in-house specifications. PCN Section 5 Jurisdictional Areas Environmental Services, Inc. (ESI) conducted a delineation and non-survey grade GPS data collection of wetlands and waters of the U.S. (WOTUS) along the entire 2.4-mile project. Wetlands and WOTUS subject to both Section 404 jurisdiction have been identified and the delineation results have been depicted on current aerial photography (ESI Figures 2a-2e). The delineation was performed pursuant to the 1987 U.S. Army Corps of Engineers (USACE) Wetlands Delineation Manual and the Atlantic and Gulf Coast Regional Supplement. All wetlands and WOTUS are subject to Section 404 jurisdiction under the Clean Water Act. All navigable waters are also subject to Section 10 jurisdiction under the Rivers and Harbors Act. Regulatory Agency Review Rachel Capito of USACE issued a PJD (SAW-2018-01307) for the River Route portion (Hwy 72) of the project area July 5, 2018. The Hestertown Road portion of the project was added after the River Route PJD was issued. A General Water Quality Certification (WQC) will be required for the project to coincide with NWP 12. PCN Section D Section 404, 401, Riparian Buffer Permit Requirements The proposed rebuild, pole replacement, and line relocation will not result in a regulated discharge; however, temporary wetland impacts may be attributed to the use of mats and the wetland work pads that will be placed around those poles to be removed, replaced, or installed. During the construction, access to set structures in wetlands will utilize mats (for conventional vehicles) or low ground pressure vehicles. Equipment staging areas will be located outside of jurisdictional areas. Additionally, the hand clearing of wetland vegetation for the new ROW and for the danger tree zones abutting the new ROW is also not considered a regulated discharge under Section 404 nor is it reported as a temporary impact. River Route 23kV Feeder Line Permit Narrative Wetland areas located within the ROW will be maintained as emergent and/or scrub-shrub wetlands during the life of the distribution line. DEP will periodically mow the ROW to ensure that the required safety clearances are maintained under the line, but no further development (structures, etc.) of the ROW will be allowed. Included with this submittal are the permit graphics prepared by ESI. Dewberry has prepared the Clearing, Access, and Erosion & Sediment Control (ESC) large scale Plan drawings that can be submitted at your request. DEP and Dewberry have determined the total amount of temporary wetland disturbance (reportable 404 activity) to be as follows:  Wetland matting: ~209,440 square feet (4.8 acres)  Work pads around poles: ~55 work pads at 588 square feet each total of 32,340 square feet (0.74 acres)  DEP has determined that approximately 0.5 mile of matting will be laid at any one time resulting in no more than approximately 0.8 acre of wetland disturbance at a given time. DEP and Dewberry have determined that the total amount of hand clearing (non-404 activity) to occur inside wetland limits to be as follows:  Approximately 4.2 acres of forested and shrub-scrub wetlands areas will be hand cleared to facilitate the new ROW and 3.6 acres for the danger tree areas. This total amount also includes the clearing necessary inside the existing ROW. There will be no grubbing of stumps, blading, or other similar land disturbing activities within the wetlands. The wetlands to be cleared by hand are roadside wetlands consisting of Riverine Swamp Forest and Non-Tidal Freshwater marsh habitats. The wetlands are abutting the Highway 72 and Hestertown Road ROW. The attached table, Wetlands Affected by the River Route Feeder Project, provides details of each wetland that will incur temporary impacts as a result of matting and/or wetland work pads as well as those wetlands that will incur hand clearing for ROW and/or danger tree purposes. The study area also contains two other WOTUS such as streams, canals, and tributaries. S1, the Lumber River and S2 UNT to Lumber River. The Lumber River is a Section 10 feature. An overhead crossing on the southeast side of the Hwy 72 bridge is proposed. No direct impacts to WOTUS will result from the project. River Route 23kV Feeder Line Permit Narrative PCN Section E Avoidance, Minimization & Regulatory Compliance DEP, and its predecessors, Progress Energy Carolinas and Carolina Power & Light Company, have for decades worked with regulatory agencies (including USACE, NCDCM, NCDWR, and others) to not only comply with applicable regulatory programs, but where possible, to reduce impacts below thresholds requiring permitting under these programs. For instance, many new overhead line construction projects have avoided regulated discharges (under Clean Water Act Section 404) by hand cutting ROWs in wetlands (no “mechanized land clearing”) and by not using structure foundations in wetlands (e.g., by direct embedding the poles in the substrate). Where equipment must be used in wetlands (e.g., to transport or install poles, or to string the conductors), DEP utilizes mats to avoid ground disturbance. Temporary bridging of small streams is also used to avoid detrimental ground disturbance. These procedures result in no regulated discharge pursuant to Section 404. The following items have been incorporated into the erosion control plan that will dictate the activities to occur during the construction period. These items further show how the proposed work on both portions of the project will result in no regulated discharges to wetlands and WOTUS during new pole installation, replacement of existing poles, removal of old poles, new ROW clearing, and rebuilding.  The limits of disturbance (LOD) for pole replacement/installation work area will be within the existing 30-foot-wide designated ROW (and thus already included within the total disturbed area).  If the pole, or any portions of the work area adjacent to the pole, is in a wetland area, any portion of the LOD around the pole that is wetlands will be matted with a maximum of six (6) composite mats (maximum of 588 square feet). The edge of the matting will signify the limit of disturbance boundary and no equipment and/or machinery shall go beyond the edge of the matting. The composite matting will prevent the root mat from being disturbed.  The composite wetland mats have dimensions of 7’x14’ and will be laid in wetlands where access to the poles is required and will also serve as work pads.  If the pole is in an upland area, wattles will be placed on the downslope side of the pole to define the LOD and prevent sediment from leaving the pole site.  Soils excavated from wetland areas shall be disposed in a permitted upland area.  There will be no changes to existing contours, no discharge of fill material, no addition of impervious surfaces and no permanent impacts within wetlands (other than the installation of the structures themselves). River Route 23kV Feeder Line Permit Narrative The above techniques are intended to minimize disturbance to the root mat and allow wetland areas to quickly re-vegetate with native species. Mitigative Measures  The existing ROW to be abandoned will be allowed to revert to a natural wetland and upland assemblage. Approximately 2.0 acres of emergent and shrub-scrub wetlands will be allowed to revert to a forested wetland.  The new ROW that is closer to the NCDOT ROW will facilitate easier maintenance in the future and will prevent additional wetland disturbance from maintenance activities because the line can then be accessed from the NCDOT ROW.  Approximately 3,020 linear feet of existing distribution line, and associated structures, will be removed from wetlands.  DEP is committed to properly protecting and minimizing any adverse impacts to the sensitive environment in this corridor and will incorporate BMPs into all construction and maintenance activities.  DEP will also employ hand clearing in upland areas that are located near wetlands and other sensitive areas where it would not be practical to change the clearing methods. Table 1. Wetlands Affected by the River Route 23kV Feeder Line Project Wetland ID ESI Figure No. Dewberry Figure No. NCWAM Classification Jurisdiction Approximate Size within Project Study Area (acres) Type of Work in Wetland Pole Removal and/or Replacement Hand Clearing for ROW/Danger Trees Mats/Work Pads Used W1a 2b 4, 5 Riverine Swamp Forest 404 3.39 X X X W1b 2b 4 Riverine Swamp Forest 404 4.01 X X X W1c 2c 4 Riverine Swamp Forest 404 2.74 X X X W1d 2c 4 Riverine Swamp Forest 404 1.08 X X X W2 2b 4 Riverine Swamp Forest 404 0.02 W3 2b 4 Riverine Swamp Forest 404 0.06 X X X W4 2c 6 Non-Tidal Freshwater Marsh 404 0.03 X X W5 2c 6 Non-Tidal Freshwater Marsh 404 0.08 X X W6 2d 6 Non-Tidal Freshwater Marsh 404 0.19 X X X Table 1. Wetlands Affected by the River Route 23kV Feeder Line Project Note: The total amount of wetland acreage occurring inside the study area limits will not be disturbed by the proposed project.  The temporary wetland disturbance resulting from matting is 4.8 acres and from the use of work pads is approximately 0.74 acres.  The amount of wetland acreage to be hand-cleared to facilitate the new ROW is 4.2 acres and to account for the danger tree zone is approximately 3.6 acres.  Approximately 2.0 acres of wetlands currently encumbered by the existing ROW will be allowed to revert to a natural vegetative state once the ROW is abandoned for the new location.  Approximately 3,020 linear feet of existing distribution line and poles will be removed from wetlands. W7 2d 6 Non-Tidal Freshwater Marsh 404 0.06 X X X W8 2e 8 Non-Tidal Freshwater Marsh 404 0.29 X X X DR 02*10n of Water R"Ourc" Pre -Construction Notification (PCN) Form September 29, 2018 Ver 3 Initial Review Has this project met the requirements for acceptance into the review process?* r Yes r No Is this project a public transportation project?* r Yes r No Change only if needed. BIMS # Assigned * Version#* 20190984 1 Is a payment required for this project?* * No payment required What amout is owed?* * Fee received r $240.00 r Fee needed - send electronic notification r $570.00 Reviewing Office* Select Project Reviewer* Fayetteville Regional Office - (910) 433-3300 Chad Turlington:eads\ccturlington Information for Initial Review 1a. Name of project: River Route/Hestertown Road 23kV Feeder Re -build 1a. Who is the Primary Contact?* Jeff Harbour 1b. Primary Contact Email:* jharbour@esinc.cc Date Submitted 7/22/2019 Nearest Body of Water Lumber River Basin Lumber Water Classification C;SW Site Coordinates Latitude: 34.589556 A. Processing Information County (or Counties) where the project is located: Robeson Is this project a public transportation project?* r Yes r No Longitude: -78.98455 1a. Type(s) of approval sought from the Corps: V Section 404 Permit (Wetlands, streams and waters, Clean Water Act) V Section 10 Permit (navigable venters, tidal Waters, Rivers and Harbors Act) 1 b. What type(s) of permit(s) do you wish to seek authorization? P Nationwide Permit (NWP) F- Regional General Permit (RGP) r- Standard (IP) 1c. Primary Contact Phone:* (919)212-1760 1c. Has the NWP or GP number been verified by the Corps? r' Yes r No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: P 401 Water Quality Certification - Regular F Non -404 Jurisdictional General Permit F Individual Permit 12 - Utility Lines 1e. Is this notification solelyfor the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: F 401 Water Quality Certification - E)press F Riparian Buffer Authorization 1f. Is this an after -the -fact permit application?* r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r- Yes r No 19. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r• Yes r- No Acceptance Letter Attachment 1h. Is the project located in any of NC's twenty coastal counties? r- Yes r No 1j. Is the project located in a designated trout watershed? r Yes r No B. Applicant Information 1d. Who is applying for the permit? Owner W Applicant (other than owner) le. Is there an Agent/Consultant for this project? C Yes r- No 2. Owner Information 2a. Name(s) on recorded deed: N/A 2b. Deed book and page no.: 2c. Responsible party: 2d. Address Street Address N/A Address Line 2 City N/A Postal / Zip Code N/A 2e. Telephone Number: (919)212-1760 2g. Email Address:* jharbour@esinc.cc 3. Applicant Information (if different from owner) ..... ...... 3a. Name: Christopher Spangler State / Rmnoe / Fiejion NC Country USA 2f. Fax Number: r- Yes r No r- Yes r No 3b. Business Name: Duke Energy Progress 3c. Address Street Address 411 Fayetteville St., NCRH 4 Address Line 2 city Raleigh Rostal / Zip Code 27601-1849 3d. Telephone Number: (919)546-3427 3f. Email Address:* christopher.spangler@duke-energy.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (ff appropriate) VA 1c. Nearest municipality/ town: Lumberton 2. Project Identification 2a. Property Identification Number: State / Ftovince / fbgion NC Country u5 3e. Fax Number: 2b. Property size: 8 -acres 2c. Project Address Street Address Epsting distribution line on east side of Hwy -72 heading north from the intersection with Hestertown rd. Continues and crosses the Lumber Address Line 2 River and terminates at existing substation accessed from Power Plant Road. Heads north along Hestertown rd stops before Chicken Foot Rd. City State / Frovince / legion Lumberton Fbstal / Zip Code Country 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Lumber River 3b. Water Resources Classification of nearest receiving water:* C;Sw 3c. What river basin(s) is your project located in?* Lumber 3d. Please provide the 12 -digit HUC in which the project is located. 030402031003 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:* An existing 23kV single pole distribution line running along the Hwy -72 corridor. In some sections it is more than 100' from Hwy -72 separated by mature stands of trees. The Hestertown Road portions is also an existing 23kV single pole distribution line that starts at intersection of Hwy -72 and runs north along the Hestertown Road ROW, stopping before intersection with Chicken Foot Road. The surrounding area is largely rural with industrial activities including borrow pits, a wood processing plant, and a power plant. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* f Yes F No f Unknown 4d. Attach an 8 1/2 X11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) fig_topo.pdf 3.23MB 4e. Attach an 8 1/2 X11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) fig_soilsV2.pdf 1.86MB 4f. List the total estimated acreage of all existing wetlands on the property: 11.9 -acres 4g. List the total estimated linear feet of all existing streams on the property: 583.6 -linear feet 4h. Explain the purpose of the proposed project:* Duke proposes to re -build and storm harden both existing 23kV feeder lines. During the re -build they also plan to add an additional circuit for the River Route 23kV feeder line. The re- build will take place adjacent to the ROW for Hwy -72 as indicated by the dashed light blue line on Figures 2a -2e, and the ROW for Hestertown Road. The roadside ROW will facilitate access for future line inspection, maintenance, and storm damage repair. Duke proposes to place new poles 32' from the edge of the Hwy 72 travel lane in the NCDOT ROW. The new ROW will extend passed NCDOT ROW. The eAsting River Route Feeder ROW, that is to be abandoned, will be allowed to revert to its normal vegetative state providing beneficial upland and wetland habitat. Please see attached permit narrative for additional information. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The River Route 23kV feeder re -build will be constructed from the Hwy -72 ROW. The Hestertown Road 23kV feeder will be re -built in eAsting ROW along Hestertown Road. Hand clearing of vegetation will be utilized in these areas with wetlands present. These areas will then be maintained as power line ROW. Where equipment must be used in wetlands (e.g., to transport or install poles, or to string the conductors), Duke/contractors will utilize mats or low -ground -pressure equipment and temporary bridging of small streams to avoid rutting or damaging stream banks. If the pole, or any portions of the work area adjacent to the pole, is in a wetland area, the work area around the pole will be matted with composite matting. The composite matting will prevent the root mat from being disturbed. Soils excavated from wetlands for pole placement shall be disposed in a permitted upland area. There will be no changes to eAsting contours, no discharge of fill material, no addition of impervious surfaces and no permanent impacts within wetlands (other than the installation of the poles themselves). Please see attached permit narrative for additional information. 4j. Please upload project drawings for the proposed project. LUMBERTON PLAN VIEW. pdf 152.85KB Lumberton River Crossing.pdf 127.05KB fig_permitFigs_RiverNhesterV2_Optimized.pdf 3MB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* R Yes r No Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* C Preliminary r Approved r Not Verified r Unknown r WA Corps AID Number: SAW -2018-01307 for River Route 23kV Feeder 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Environmental Services, Inc. Other: r Unknown 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR 7/5/2018 5d1. Jurisdictional determination upload SAW -2018-01307 PJD.pdf 641.73KB 6. Future Project Plans 6a. Is this a phased project?* r Yes r 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): P Wetlands r Streams -tributaries r Buffers F- Open Waters r Pond Construction 2. Wetland Impacts w1b pole placement/removal T Riverine Swamp Forest w1b Yes Corps 2.200 w1c pole placement/removal T Riverine Swamp Forest wlc Yes Corps 0.670 w1d pole placement/removal T Riverine Swamp Forest wld Yes Corps 0.560 (acres) W2 pole placement/removal T Riverine Swamp Forest w2 �Corps 0.010 (acres) W3 pole placement/removal T Riverine Swamp Forest Corps 0.030 (acres) W4 powerline maintenance T Non -Tidal Freshwater Marsh w4 Corps 0.010 (acres) W5 powerline maintenance T Non -Tidal Freshwater Marsh No Corps 0.080 (acres) W6 powerline maintenance T Non -Tidal Freshwater Marsh w6 No Corps 0.190 (acres) w7 powerline maintenance T Non -Tidal Freshwater Marsh w7 No Corps 0.060 (acres) w8 powerline maintenance T Non -Tidal Freshwater Marsh V No Corps 0.290 (acres) 2g. Total Temporary Wetland Impact 5.500 2g. Total Wetland Impact 5.500 2h. Comments: 2g. Total Permanent Wetland Impact 0.000 No permanent impacts are proposed for this project. There is approximately 5.5 -acres of temporary impact for matting and work pads proposed for this project. Please see attached Wetland Table 1 for additional information. 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: ROW will utilize portions of an existing roadway corridor to limit the amount of tree removal necessary. The existing ROW, that is to be abandoned, will be allowed to revert to its normal vegetative state providing beneficial upland and wetland habitat. Please see attached permit narrative for additional information. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Where equipment must be used in wetlands (e.g., to transport or install poles, or to string the conductors), DEP utilizes mats or low -ground -pressure equipment and temporary bridging of small streams to avoid rutting or damaging stream banks. If the pole, or any portions of the work area adjacent to the pole, is in a wetland area, the area around the pole will be matted with composite matting. The composite matting will prevent the root mat from being disturbed. Soils excavated from wetlands for pole placement shall be disposed in a permitted upland area. There will be no changes to existing contours, no discharge of fill material, no addition of impervious surfaces and no permanent impacts within wetlands (other than the installation of the poles themselves). Please see attached permit narrative for additional information. 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? r Yes r No 2b. If this project DOES NOT require Compensatory Mitigation, explain why., Impacts proposed are temporary. There will be no changes to existing contours, no discharge of fill material, no addition of impervious surfaces and no permanent impacts within wetlands (other than the installation of the poles themselves). Please see attached permit narrative for additional information. 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? C Yes O No If no, explain why: This project is located in the Lumber River Basin. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? r Yes r 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?* r Yes r 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)?* r Yes r No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* r Yes r No 3b. If you answered "no," provide a short narrative description. These are 23kV distribution power lines with no impervious surfaces proposed as part of this project. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r No r 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?* r Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes r No 5d. Is another Federal agency involved?* r Yes r No r Unknown 5e. Is this a DOT project located within Division's 1-8? r Yes r No 5f. Will you cut anytrees in order to conduct the work in waters of the U.S.? r Yes r No 5g. Does this project involve bridge maintenance or removal? r Yes r No Sh. Does this project involve the construction/installation of a wind turbine(s)?* r Yes r 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.? r Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? NC NHP data was reviewed for the project area and site specific habitat determinations were performed. Consultation Documentation Upload 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* r Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* This project is located in Robeson County. Not one of NC 20 coastal counties 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?* C Yes C No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* North Carolina State Historic Preservation Office HPOWEB GIS Service and Research conducted by ESI at the North Carolina Office of State Archaeology (OSA) 7c. Historic or Prehistoric Information Upload 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain?* e Yes C No 8b. If yes, explain how project meets FEMA requirements: No impervious surface is proposed for this project. There will be no changes to eAsting contours, no discharge of fill material, no addition of impervious surfaces and no permanent impacts within wetlands (other than the installation of the poles themselves). 8c. What source(s) did you use to make the floodplain determination?* FEMA flood hazard layer (NHFL) provided by FEMA web mapping service Miscellaneous Comments Miscellaneous attachments not previously requested. fig_floodV2.pdf Permit narrative River Route 23kV.pdf River Route wetland table.pdf Signature m By checking the box and signing below, I certify that: 3.48MB 374.02KB 655.75KB • 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: Stuart Bryan Signature 5,TVA�-7"l�-YAd Date 7/22/2019 AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: LOT N0. NA PLAN N0. NA PARCEL NO. STREET ADDRESS: Please print: Property Owner: Property Owner: The undersigned, registered property owners of the above noted property, do hereby authorize Jeff Harbour_ (Contractor / Agent) of Environmental Services, Inc (Name of consulting firm) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or certification and any and all standard and special conditions attached. Property Owner's Address (if different than property above): We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. Authorized Si na e Date: 1'2"? - Authorized Signature Date: Figure: Project: Date: Drwn/Chkd: Path: P:\GeoGra\Projects\2015\010\124\GIS\fig_flood_v2.mxd Date: 5/30/2019 2:55:13 PM ENVIRONMENTALSERVICES, INC.ER15010.124 May 2019 CW/JH www.environmentalservicesinc.cc Flood Map Robeson C ounty, North CarolinaRiver Route 23 kV Feeder Rebuild 0 1,000500 FeetE Disclaimer: The information depicted on this figure is for informational purposes only and was not prepared for, and is not suitable for legal or engineering purposes. This information presented is not for regulatory review and is intended for use only by a Professional Land Surveyor prior to regulatory review. 4901 Trademark DriveRaleigh, North Carolina 27610(919) 212-1760 Lower Pee Dee River Basin Source: 2011 National Geographic Society/ESRI, i-cubed seamless USGSquadrangles (Robeson, NC); FEMA flood hazard layer (NFHL) data providedby FEMA web mapping services; Project Study Area approximated by ESI. Note: Vegetation removal or alteration ofsoils or hydrology after initial siteevaluation can affect jurisdictional statusand may require re-evaluation of wetlandboundaries. 4 *Location and extent is approximated Project Study Area* Zone Type 1% Annual Chance Flood Hazard Regulatory Floodway Special Floodway Area of Undetermined Flood Hazard 0.2% Annual Chance Flood Hazard Future Conditions 1% Annual Chance Flood Hazard Area with Reduced Risk Due to Levee W Lu Lu BB BB BB NoB Ra NoA BBJo NsC BB WaB PgNoA NoA NoA Jo Jo Ly NoA NoALy Ra WaB GoAUd Jo NoA WkB PoB Ud Pg PtJo BB Ud KaA Jo Jo Lu Jo Jo W PgJo LaBBBJo JT Jo Jo Lu W W W Jo Lu JT Pt Bp Jo BB Lu KaA Jo LuJo Lu Ru Ru Jo Pa Pa Jo W Jo Pa Jo LuLuPm JoWPmJoNC OneMap, NC Center for Geographic Information and Analysis, NC 911 Board Figure: Project: Date: Drwn/Chkd: Path: P:\GeoGra\Projects\2015\010\124\GIS\fig_soils.mxd Date: 5/30/2019 12:25:30 PM ENVIRONMENTALSERVICES, INC.ER15010.124 May 2019 CW/JH www.environmentalservicesinc.cc NRCS Soil Survey Robeson County, North Carolina River Route 23 kV Feeder Rebuild 0 700350 FeetE Disclaimer: The information depicted on this figure is for informational purposes only and was not prepared for, and is not suitable for legal or engineering purposes. This information presented is not for regulatory review and is intended for use only by a Professional Land Surveyor prior to regulatory review. 4901 Trademark DriveRaleigh, North Carolina 27610(919) 212-1760 Lower Pee De e River Basin Source: NC OneMap High Resolution NC Statewide Imagery,CGIA, 2013; NRCS Digital Soil Survey of Robeson County, 2009; ProjectStudy Area approximated by ESI. Project Stu dy Area* NRCS Soil Bo unda ry Bibb soilsJohns sandy loamJohnston soilsLakeland sand, 0-6 % SlopesLumbee sandy loamWater BBJoJTLaBLuW Soil Mapping Units 2 P ope s CrossingRd Snake RdAl amac RdE NC-211 HWY E N C - 7 2 H WY BeulahChurchRdE 5th StN Chestnut StChickenFootRd E 7th St He s t e r t o wnRdDresden Ave W a r w i c k M illRdS even th S tr e e tR d Old Whiteville Rd E 1st St E 10th St T&PRdE 11th St RobertsAveE 2nd St CedarGroveRdM C P h a ilR dKite Rd Copyright:© 2013 National Geographic Society, i-cubed Figure: Project: Date: Drwn/Chkd: Path: N:\_ESILegacy\Data\GeoGra\Projects\2015\010\124\GIS\fig_topo.mxd Date: 7/17/2019 2:29:49 PM ENVIRONMENTALSERVICES, INC.ER15010.124 July 2019 KT/SB www.environmentalservicesinc.cc Project Study Area Robeson County, North Carolina River Route 23 kV Feeder Rebuild 0 2,0001,000 FeetE Disclaimer: The information depicted on this figure is for informational purposes only and was not prepared for, and is not suitable for legal or engineering purposes. This information presented is not for regulatory review and is intended for use only by a Professional Land Surveyor prior to regulatory review. 4901 Trademark DriveRaleigh, North Carolina 27610(919) 212-1760 Lower Pee Dee River Basin Source: 2011 National Geographic Society/ESRI, i-cubed seamless U SGSquadrangles (Southeast Lumberton, NC); Project Study Area approximated byESI. Project Stu dy Area* 1 *Location and extent is approximate LUMBER RIVER65'-0"600'#3 INSTALL 65' ENGINEERED DEAD END POLE STA=30+72.55 PI 13°58'09" #4 INSTALL 65' ENGINEERED DEAD END POLE STA=36+72.64 PI 0°30'30" 65'-0"PHASE WIRESDISPLAYED @ 185° F MOTMEAN HIGH WATER@ 116.95'25'-8"NEUTRAL DISPLAYED@ 120° F MOTTOP OF BRIDGE@ 115.40'27'-3" 4'-0" REVEAL 4'-0" REVEAL FLOW #4STA=36+72.64PI 0°30'30"N: 306364.70E: 2005343.36#3STA=30+72.55PI 13°58'9"N: 305962.12E: 2004898.34LUMBERRIVER#2SOUTH ROBERTS AVEHIGHWAY 72#PW#P1723 kVDISTRIBUTION LINEDISTRIBUTION R/WDISTRIBUTION R/WWETLANDSWETLANDSPLAN OF CROSSINGPROFILE OF CROSSING DUKE ENERGY CAROLINAS, LLC.LUMBERTONPO BOX 1007CHARLOTTE N.C. 28201-1007TELEPHONE NO. (704)382-6658400 S. TRYON STREETSCALE: 1"= 200'300200100010023 kV LINE CROSSING OVERLUMBER RIVER NEAR SOUTH ROBERTS AVE / HWY 72ROBESON COUNTY, NORTH CAROLINASCALE IN FEETMAP: - LAND UNIT:PRELIMINARYPIKE ENGINEERING, LLC.123 NORTH WHITE STREETFORT MILL, SC 29715N.C. LICENSE NO. F-1217PHASE CONDUCTOR: 477 AAC "COSMOS"TENSION: 4,000 LBSNEUTRAL WIRE: 336 AAC "TULIP"TENSION: 3,000 LBS !!! !!! !!! !!! !!! ! !! ! ! ! ! !! ! !! !! !! !!! !!! !!! !!! !!! !!! !!! !!!!!! !!! !!! !!! !!! !!! !!! !!! !!! !!! !!! !!! !!! !!! !!! ! ! ! ! ! ! !!! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!!ENC-72HWYUn k n o wn SRobertsAvePower Plant RdW1a**Riverine Swamp Forest3.39 A C NC OneMap, NC Center for Geographic Information and Analysis, NC 911 Board Figure: Project: Date: Drwn/Chkd: Path: N:\_ESILegacy\Data\GeoGra\Projects\2015\010\124\GIS\fig_permitFigs_RiverNhester.mxd Date: 7/17/2019 2:27:17 PM ENVIRONMENTALSERVICES, INC.ER15010.124 July 2019 KT/SB www.environmentalservicesinc.cc Po ten tia l Wetland / Waters Robeson County, North Carolina River Route 23 kV Feeder Rebuild 0 200100 FeetE Disclaimer: The information depicted on this figure is for informational purposes only and was not prepared for, and is not suitable for legal or engineering purposes. This information presented is not for regulatory review and is intended for use only by a Professional Land Surveyor prior to regulatory review. 4901 Trademark DriveRaleigh, North Carolina 27610(919) 212-1760 Lower Pee Dee River Basin Source: Latest High-Resolution NC Statew ide Orthoimagery, NC OneMapServer; Project Study area approximated by ESI; clearing areas approximatedby ESI from erosion control drawings. Note: Vegetation removal or alteration ofsoils or hydrology after initial siteevaluation can affect jurisdictional statusand may require re-evaluation of wetlandboundaries. 2a Project Study Area * Hand Clear Danger Tree Zone Hand Clear ROW Potential Wetland Potential Stream Remove Lin e Propo se d Line !!!Remove Structure !Install S tructu re Existing StructureAll areas are approximated. **W1 extends across road under the bridge. !!! !!! !!! !!! !!! !!! ! ! ! ! !! ! !! !! !! !!! !!! !!! !!! !!! !!! !!! !!!!!! !!! !!! !!! !!! !!! !!! !!! !!! !!! !!! !!! !!! !!! !!! ! ! ! ! ! ! !!! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!!E NC-72 HWYS R ob erts Av e S1Lumber River297.04 LF48084.69 SQFT W1a**Riverine Swamp Forest3.39 A C W1b**Riverine Swamp Forest4.01 A C W2Riverine Swamp Forest0.02 AC W3Riverine Swamp Forest0.06 AC NC OneMap, NC Center for Geographic Infor mation and Analysis, NC 911 Board Figure: Project: Date: Drwn/Chkd: Path: N:\_ESILegacy\Data\GeoG ra\Projects\2015\010\124\GIS\fig_permitFigs_RiverNhester.m xd D ate: 7/17/2019 2:27:17 PM ENVIRONMENTALSERVICES, INC.ER15010.124 July 2019 KT/SB www.environmentalservicesinc.cc Po ten tia l Wetland / Waters Robeson County, North Carolina River Route 23 kV Feeder Rebuild 0 200100 FeetE Disclaimer: The information depicted on this figure is for informational purposes only and was not prepared for, and is not suitable for legal or engineering purposes. This information presented is not for regulatory review and is intended for use only by a Professional Land Surveyor prior to regulatory review. 4901 Trademark DriveRaleigh, North Carolina 27610(919) 212-1760 Lower Pee Dee River Basin Source: Latest High-Resolution NC Statew ide Orthoimagery, NC OneMapServer; Project Study area approximated by ESI; clearing areas approximatedby ESI from erosion control drawings. Note: Vegetation removal or alteration ofsoils or hydrology after initial siteevaluation can affect jurisdictional statusand may require re-evaluation of wetlandboundaries. 2b Project Study Area * Hand Clear Danger Tree Zone Hand Clear ROW Potential Wetland Potential Stream Remove Lin e Propo se d Line !!!Remove Structure !Install S tructu re Existing StructureAll areas are approximated. **W1 extends across road under the bridge. !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!! !!! !!! !!! !!! !!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!! !!!!!! !!! ! ! ! ! ! !!!!!!!!!!!!!!!!!!! ! ! ! ! ! ! ! ! ! ! ! ! !!! HestertownRd E NC-72 HWYS2UNT to Lumber River248.74 LF8060.96 SQFT W1b**Riverine Swamp Forest4.01 A C W1c**Riverine Swamp Forest2.74 AC W1d**Riverine Swamp Forest1.08 A C W4Non-Tidal Freshwater Marsh0.03 A C W5Non-Tidal Freshwater Marsh0.08 AC NC OneMap, NC Center for Geographic Infor mation and Analysis, NC 911 Board Figure: Project: Date: Drwn/Chkd: Path: N:\_ESILegacy\Data\GeoG ra\Projects\2015\010\124\GIS\fig_permitFigs_RiverNhester.m xd D ate: 7/17/2019 2:27:17 PM ENVIRONMENTALSERVICES, INC.ER15010.124 July 2019 KT/SB www.environmentalservicesinc.cc Po ten tia l Wetland / Waters Robeson County, North Carolina River Route 23 kV Feeder Rebuild 0 200100 FeetE Disclaimer: The information depicted on this figure is for informational purposes only and was not prepared for, and is not suitable for legal or engineering purposes. This information presented is not for regulatory review and is intended for use only by a Professional Land Surveyor prior to regulatory review. 4901 Trademark DriveRaleigh, North Carolina 27610(919) 212-1760 Lower Pee Dee River Basin Source: Latest High-Resolution NC Statew ide Orthoimagery, NC OneMapServer; Project Study area approximated by ESI; clearing areas approximatedby ESI from erosion control drawings. Note: Vegetation removal or alteration ofsoils or hydrology after initial siteevaluation can affect jurisdictional statusand may require re-evaluation of wetlandboundaries. 2c Project Study Area * Hand Clear Danger Tree Zone Hand Clear ROW Potential Wetland Potential Stream Remove Lin e Propo se d Line !!!Remove Structure !Install S tructu re Existing StructureAll areas are approximated. **W1 extends across road under the bridge. !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!! !!! !!! !!! !!! !!! !!!!!!!!! !!! !!!!!! !!! !!!!!!!!!!!!!!!!!! !!! !!! !!! !!! ! ! ! ! ! !!!!!!! !! !!!!!! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!! H e sterto w n R d W6Non-Tidal Freshwater Marsh0.19 A C W7Non-Tidal Freshwater Marsh0.06 A C NC OneMap, NC Center for Geographic Infor mation and Analysis, NC 911 Board Figure: Project: Date: Drwn/Chkd: Path: N:\_ESILegacy\Data\GeoG ra\Projects\2015\010\124\GIS\fig_permitFigs_RiverNhester.m xd D ate: 7/17/2019 2:27:17 PM ENVIRONMENTALSERVICES, INC.ER15010.124 July 2019 KT/SB www.environmentalservicesinc.cc Po ten tia l Wetland / Waters Robeson County, North Carolina River Route 23 kV Feeder Rebuild 0 200100 FeetE Disclaimer: The information depicted on this figure is for informational purposes only and was not prepared for, and is not suitable for legal or engineering purposes. This information presented is not for regulatory review and is intended for use only by a Professional Land Surveyor prior to regulatory review. 4901 Trademark DriveRaleigh, North Carolina 27610(919) 212-1760 Lower Pee Dee River Basin Source: Latest High-Resolution NC Statew ide Orthoimagery, NC OneMapServer; Project Study area approximated by ESI; clearing areas approximatedby ESI from erosion control drawings. Note: Vegetation removal or alteration ofsoils or hydrology after initial siteevaluation can affect jurisdictional statusand may require re-evaluation of wetlandboundaries. 2d Project Study Area * Hand Clear Danger Tree Zone Hand Clear ROW Potential Wetland Potential Stream Remove Lin e Propo se d Line !!!Remove Structure !Install S tructu re Existing StructureAll areas are approximated. **W1 extends across road under the bridge. !!! !!! !!! !!! !!! ! !! ! ! ! ! !! ! !! !! !! !!! !!! !!! !!! !!! !!! !!! !!!!!! !!! !!! !!! !!! !!! !!! !!! !!! !!! !!! !!! !!! !!! !!! ! ! ! ! ! ! !!! ! ! ! !! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !!!Hest er t own RdU nknow n D fa U nknow nHillardD rW8Non-Tidal Freshwater Marsh0.29 AC NC OneMap, NC Center for Geographic Infor mation and Analysis, NC 911 Board Figure: Project: Date: Drwn/Chkd: Path: N:\_ESILegacy\Data\GeoG ra\Projects\2015\010\124\GIS\fig_permitFigs_RiverNhester.m xd D ate: 7/17/2019 2:27:17 PM ENVIRONMENTALSERVICES, INC.ER15010.124 July 2019 KT/SB www.environmentalservicesinc.cc Po ten tia l Wetland / Waters Robeson County, North Carolina River Route 23 kV Feeder Rebuild 0 200100 FeetE Disclaimer: The information depicted on this figure is for informational purposes only and was not prepared for, and is not suitable for legal or engineering purposes. This information presented is not for regulatory review and is intended for use only by a Professional Land Surveyor prior to regulatory review. 4901 Trademark DriveRaleigh, North Carolina 27610(919) 212-1760 Lower Pee Dee River Basin Source: Latest High-Resolution NC Statew ide Orthoimagery, NC OneMapServer; Project Study area approximated by ESI; clearing areas approximatedby ESI from erosion control drawings. Note: Vegetation removal or alteration ofsoils or hydrology after initial siteevaluation can affect jurisdictional statusand may require re-evaluation of wetlandboundaries. 2e Project Study Area * Hand Clear Danger Tree Zone Hand Clear ROW Potential Wetland Potential Stream Remove Lin e Propo se d Line !!!Remove Structure !Install S tructu re Existing StructureAll areas are approximated. **W1 extends across road under the bridge. PWP17P16P15P125P11432BE12AMPSPRDE3DE11DE2P14 DUKE ENERGY CAROLINAS, LLC.LUMBERTONPO BOX 1007CHARLOTTE N.C. 28201-1007TELEPHONE NO. (704)382-6658400 S. TRYON STREETSCALE: 1"= 200'300200100010023 kV FEEDER REROUTELUMBER RIVER NEAR SOUTH ROBERTS AVE / HWY 72ROBESON COUNTY, NORTH CAROLINASCALE IN FEETMAP: - LAND UNIT:PRELIMINARYPIKE ENGINEERING, LLC.123 NORTH WHITE STREETFORT MILL, SC 29715N.C. LICENSE NO. F-1217NOTE:POLE LOCATIONS ARE BASED ON RIVERROUTE FEEDER RELOCATION OPTION #2,PROVIDED ON 3/11/19.LEGEND:WOOD POLE........................NEW STEEL POLE............... U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id.SAW-2018-01307 County:Robeson U.S.G.S. Quad:NC-Southeast Lumberton NOTIFICATION OF JURISDICTIONAL DETERMINATION Applicant:Duke Energy Christopher Spangler 410 S Wilmington Street NCRH4 Raleigh, NC, 27601 Size (acres) 8 Nearest Town Lumberton Nearest Waterway Lumber River River Basin Lumber River USGS HUC 03040203 Coordinates Latitude:34.59106 Longitude:-78.98285 Location description:Project area runs for approximately 6,100 feet adjacent to HWY-72 from the intersection of Hestertown Road north to S Roberts Ave across Power Plant Road. This project area includes the forested area next to NC-72 and the Lumber River and an unnamed tributary to the Lumber River in Lumberton, Robeson County, North Carolina. Indicate Which of the Following Apply: A. Preliminary Determination There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 7/3/2018.Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are waters, including wetlands on the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner,you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated MAP DATE.If you wish to have the delineation surveyed, the Corps can review and verify the survey upon completion. Once verified, this survey will provide an accurate depiction of all areas subject to CWA and/or RHA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on SURVEY SIGNED DATE. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Rachel Capito at (910)-251-4487 or Rachel.A.Capito@usace.army.mil C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination form dated 7/5/2018. D.Remarks: None. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps’ Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by N/A. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: ______________________________________________________ Date of JD: 7/5/2018 Expiration Date of JD:N/A CAPITO.RACHEL.ANN.1536276 790 Digitally signed by CAPITO.RACHEL.ANN.1536276790 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=CAPITO.RACHEL.ANN.1536276790 Date: 2018.07.05 16:37:55 -04'00' NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant:Duke Energy, Christopher Spangler File Number: SAW-2018-01307 Date:7/5/2018 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx or the Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. x ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. x OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit x ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. x APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION:You may accept or appeal the approved JD or provide new information. x ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. x APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the appeal process you may contact: District Engineer, Wilmington Regulatory Division Attn: Rachel Capito Wilmington Regulatory Office U.S Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 If you only have questions regarding the appeal process you may also contact: Mr. Jason Steele, Administrative Appeal Review Officer CESAD-PDO U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 10M15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. ________________________________________ Signature of appellant or agent. Date: Telephone number: For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division,Attn: Rachel Capito , 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FORPJD:7/5/2018 B. NAMEANDADDRESS OFPERSON REQUESTINGPJD:Duke Energy, Christopher, Spangler, 410 S Wilmington Street NCRH4, Raleigh, NC, 27601 C. DISTRICT OFFICE, FILE NAME, AND NUMBER:Wilmington District, River Route 23kV, SAW-2018-01307 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:Project area runs for approximately 6,100 feet adjacent to HWY-72 from the intersection of Hestertown Road north to S Roberts Ave across Power Plant Road. This project area includes the forested area next to NC-72 and the Lumber River and an unnamed tributary to the Lumber River in Lumberton, Robeson County, North Carolina. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State:County: Robeson City:Lumberton Center coordinates of site (lat/long in degree decimal format): Latitude:34.59106 Longitude:-78.98285 Universal Transverse Mercator: Name of nearest waterbody: Lumber River E.REVIEWPERFORMED FORSITEEVALUATION(CHECKALLTHAT APPLY): Office (Desk) Determination. Date: 7/5/2018 FieldDetermination. Date(s): TABLE OFAQUATIC RESOURCES INREVIEWAREA WHICH"MAY BE"SUBJECT TO REGULATORY JURISDICTION. Site Number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resources in review area (acreage and linear feet, if applicable Type of aquatic resources (i.e., wetland vs. non- wetland waters) Geographic authority to which the aquatic resource “may be” subject (i.e., Section 404 or Section 10/404) W1 (a-d) 34.592767 -78.981450 11.22 Wetland Section 404 W2 34.590565 -78.984284 0.02 Wetland Section 404 W3 34.590316 -78.984466 0.06 Wetland Section 404 S1 34.591062 -78.982852 413 Non-wetland waters Section 10/404 S2 34.584297 -78.985828 170 Non-wetland waters Section 404 1)The Corps of Engineers believes that there may bejurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2)In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non-reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative orjudicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources inthe review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be"waters of the U.S. and/or that there "may be"navigable waters of the U.S. on the subject review area, and identifies all aquatic features inthe review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: Potential wetlands/waters Data sheets prepared/submitted by or on behalf of the PJD requestor. Office concurs with data sheets/delineation report. Officedoesnotconcurwithdatasheets/delineation report. Rationale: Data sheets prepared by the Corps: Corpsnavigablewaters'study: U.S. Geological Survey Hydrologic Atlas: USGS NHD data. USGS 8 and 12 digit HUC maps. U.S.Geological Survey map(s).Citescale&quadname: 1:24,000 SE and SW Lumberton Natural Resources Conservation Service Soil Survey. Citation: NRCS Soil Survey Robeson County Nationalwetlands inventorymap(s). Citename: _ State/localwetlandinventorymap(s):_ FEMA/FIRMmaps:_ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) Photographs:Aerial (Name &Date):Potential Wetlands/Water (2017 aerial base) or Other(Name&Date): Representative Site Photos (March 2018) Previous determination(s). File no. and date of response letter: Otherinformation(pleasespecify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Signature and date of Regulatory staff member completing PJD Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)1 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. CAPITO.RACHEL.AN N.1536276790 Digitally signed by CAPITO.RACHEL.ANN.1536276790 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=CAPITO.RACHEL.ANN.1536276790 Date: 2018.07.05 16:38:09 -04'00' ENC-72HWYHilla rdDrUnknownHe s t e r t o wn R d SRo b e rts A v e Power Plant RdS2 UNT to Lumber River 248.74 LF 8060.96 SQFT S1 Lumber River 297.04 LF 48084.69 SQFT W1a** Riverine Swamp Forest 3.39 AC W1b** Riverine Swamp Forest 4.01 AC W2 Riverine Swamp Forest 0.02 AC W3 Riverine Swamp Forest 0.06 AC W1c** Riverine Swamp Forest 2.74 AC W1d** Riverine Swamp Forest 1.08 AC NC OneMap, NC Center for Geographic Information and Analysis, NC 911 Board Figure: Project: Date: Drwn/Chkd: Path: P:\GeoGra\Projects\2015\010\124\GIS\fig_JDaerial.mxd Date: 7/2/2018 11:49:07 AM ENVIRONMENTAL SERVICES, INC. ER15010.124 Mar 2018 CW/JH www.environmentalservicesinc.cc Potential Wetland/ Waters Robeson County, North Carolina River Route 23 kV Feeder Rebuild 0400200 FeetE Disclaimer: The information depicted on this figure is for informational purposes only and was not prepared for, and is not suitable for legal or engineering purposes. This information presented is not for regulatory review and is intended for use only by a Professional Land Surveyor prior to regulatory review. DUKE ENERGY 4901 Trademark Drive Raleigh, North Carolina 27610 (919) 212-1760 Lower Pee Dee River Basin Source: NC OneMap High Resolution NC Statewide Orthoimagery, CGIA, 2017; Project Study area approximated by ESI. Note: Vegetation removal or alteration of soils or hydrology after initial site evaluation can affect jurisdictional status and may require re-evaluation of wetland boundaries. Project Study Area* Potential Non-Wetland Waters of the US (Stream) Potential Wetland Waters of the US Existing Pole 2 Remove Pole 2 Install OH 2 Remove OH 2 3 *Location and extent is approximated **W1 extends across road under the bridge. CAPITO.RACHEL.A NN.1536276790 Digitally signed by CAPITO.RACHEL.ANN.1536276790 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA, cn=CAPITO.RACHEL.ANN.1536276790 Date: 2018.07.05 16:38:31 -04'00'