20230422 Ver 1_ePCN Application_20230321

DWR
Division of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
Initial Review
Has this project met the requirements for acceptance in to the review process?
Yes
No
Is this project a public transportation project?*
Yes No
Change only If needed.
Pre -Filing Meeting Date Request was submitted on:
1111 /2023
BIMS # Assigned
20230422
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Select Project Reviewer*
Garcy Ward:[e-mail]
Information for Initial Review
la. Name of project:
R-5808 - US 158 Improvements in Gates County
1a. Who is the Primary Contact?*
NCDOT - Division 1; ATTN: Paul C Williams, Jr.
1b. Primary Contact Email:
[e-mail]
Date Submitted
3/21 /2023
Nearest Body of Water
Newland Drainage Canal & Jones Mill Pond
Basin
Pasquotank
Water Classification
C;Sw
Site Coordinates
Latitude:
36.437800
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Gates
Pasquotank
Is this a NCDMS Project
Yes No
Longitude:
-76.511273
Version#*
1
Reviewing Office*
Washington Regional Office - [phone]
1c. Primary Contact Phone: *
[phone]
O

Is this project a public transportation project?*
Yes No
Is this a NCDOT Project?*
Yes No
(NCDOT only) T.I.P. or state project number:
TIP# R-5808
WBS # (1)
WBS 46972.1.1
la. Type(s)of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
Yes
No
1b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
Yes No
Regional General Permit (RGP) Number:
RGP Numbers (for multiple RGPS):
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
198200031 - NCDOT Bridges, Widening Projects 2015
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
401 Water Quality Certification - Express
Riparian Buffer Authorization
1f. Is this an after -the -fact permit application? *
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1h. Is the project located in any of NC's twenty coastal counties?
Yes No
1i. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
Yes No Unknown
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
1d. Who is applying for the permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
NCDOT - Division 1
2b. Deed book and page no.:
N/A (Linear Transportation Project)
Yes No
Yes No

2c. Contact Person:
Paul C. Williams, Jr.
2d.Address
Street Address
113 Airport Rd
Address Line 2
Suite 100
city
Edenton
Postal / Zip Code
27932
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
William Sullivan, PWS
4b. Business Name:
Kimley-Horn
4c.Address
Street Address
421 Fayetteville Street
Address Line 2
Suite 600
city
Raleigh
Postal / Zip Code
27601
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Sunbury
2. Project Identification
2a. Property Identification Number:
N/A (Linear Transportation Project)
2c. Project Address
Street Address
N/A (Linear Transportation Project)
Address Line 2
City
Sunbury
Postal / Zip Code
27979
3. Surface Waters
3a. Name of the nearest body of water to proposed project: "
Newland Drainage Canal & Jones Mill Pond
3b. Water Resources Classification of nearest receiving water:
C;Sw
State / Province / Region
NC
Country
United States
2f. Fax Number:
State / Province / Region
NC
Country
United States
4e. Fax Number:
2b. Property size:
86.42 acres
State / Province / Region
NC
Country
United States
R

3c. What river basin(s) is your project located in?*
Pasquotank
3d. Please provide the 12-digit HUC in which the project is located.
030102050702,030102050301
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 project study area is primarily composed of an existing roadway corridor and undeveloped forestlands. The Great Dismal Swamp National Wildlife Refuge is located along the northern
boundary of the proposed project. The remaining portions of the project study area and project vicinity are composed of agriculture land and rural residential properties.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?
Yes No Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
27.87 acres
4g. List the total estimated linear feet of all existing streams on the property:
169 linear feet
4h. Explain the purpose of the proposed project:*
The purpose of the proposed project is to bring the U.S. 158 corridor adjacent to the Great Dismal Swamp up to NCDOT and American Association of State Highway and Transportation
Officials (AASHTO) standards and stabilize the slopes from Acorn Hill Road to the Pasquotank County Line. Another desirable outcome is to improve the hurricane evacuation route for
vehicles along U.S. 158. Additionally, another desirable outcome of this project is to improve safety along this section of the U.S. 158 corridor.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
Project R-5808 proposes to modernize U.S. Route 158 by widening the existing lanes and improving the shoulders. The corridor covers approximately 4 miles, extending from the Acorn
Hill Road (S.R. 1002) intersection in the west to the Pasquotank County line in the east. All widening is proposed to occur to the south of the existing roadway. A single box culvert located
approximately 500 feet east of the Acorn Hill Road intersection with U.S. Route 158 would be replaced with a triple arch culvert.
The existing facility is a two-lane road with a paved surface width of approximately 26 feet (approximately 11-foot wide lanes and 2-foot paved shoulders) with little to no graded shoulders.
Slope degradation is currently occurring on the northern side slopes of U.S. 158 due to erosion from the adjacent standing water body and the burrowing of animals.
The proposed typical section for Project R-5808 includes two 12-foot lanes with 4-foot paved and 6 foot graded shoulders. The proposed standard right-of-way width is 100 feet. Side
slopes of 6:1 were originally evaluated for the project, but 3:1 slopes are proposed to be carried forward to reduce impacts to water resources. Slopes steeper than 3:1 are not
recommended to reduce the need for slope stabilization measures in the future again. To stabilize the existing side slopes on the north side of the roadway, rip rap is proposed to be
installed on the slope in deteriorating areas. Equipment typical of roadway projects will be used for construction, including pavers, bulldozers, excavators, cranes, backhoes, skid steers,
screeds, cement trucks, etc.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes
No
Comments:
Kimley-Horn staff delineated the project study area in February 2018 and May 2019.
5b. If the Corps made a jurisdictional determination, what type of determination was made?
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
SAW-2018-01073
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): W. Sullivan, PWS, J. Hartshorn, PWS
Agency/Consultant Company: Kimley-Horn
Other:
O Unknown
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
The Preliminary Jurisdictional Determination (PJD) request package for TIP R-5808 (SAW-2018-01073) was originally submitted in 2018 and Mr. Kyle Barnes of the U.S. Army Corps of
Engineers (USACE) and Mr. Garcy Ward of the North Carolina Division of Water Resources (NCDWR) conducted a field review on June 6, 2018 and May 26, 2019 to review the delineated
feature boundaries. An updated PJD request package for TIP R-5808, which was revised to include the additional portion of the project north of U.S. 158, was submitted to Mr. Kyle Barnes
of the USACE on January 9, 2020 and is currently pending documentation.
6. Future Project Plans
6a. Is this a phased project?*
Yes No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
N/A
D. Proposed Impacts Inventory
1. Impacts Summary

1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries
Open Waters Pond Construction
2. Wetland Impacts
Buffers
2a. Site #* (?) ��2al
Reason M
2b. Impact type*(?)
2c. Type of W.
2d. W. name
2e. Forested"`
2f. Type of Jurisdicition*
(?)
2g. Impact
area
Site 1
Fill
P
Riverine Swamp Forest
Wetland WA
Yes
Both
0.250
(acres)
Site 1
Excavation
P
rverine Swamp Forest
Wetland WA
Yes
Both
0.010
(acres)
Site 1
Hand Clearing
T
fiverine Swamp Forest
Wetland WA
Yes
Both
0.150
(acres)
Site 2
Fill
P
Fn-Riverine Swamp Forest
Wetland WB
Yes
Both
4.930
(acres)
Site 2
Hand Clearing
T
Fn-Riverine Swamp Forest
Wetland WB
Yes
Both
2.420
(acres)
Site 3
Fill
P
Fn-Riverine Swamp Forest
Wetland WC
Yes
Both
1.070
(acres)
Site 3
Hand Clearing
T
Fn-Riverine Swamp Forest
Wetland WC
Yes
Both
0.430
(acres)
Site 4
Fill
P
Fn-Riverine Swamp Forest
Wetland WD
Yes
Both
0.400
(acres)
Site 4
Hand Clearing
T
Fn-Riverine Swamp Forest
Wetland WD
Yes
Both
0.350
(acres)
ff7]
Fill
P
Fn-Riverine Swamp Forest
Wetland WG
Yes
Both
0.370
(acres)
2g. Total Temporary Wetland Impact
3.350
2g. Total Wetland Impact
10.380
2g. Total Permanent Wetland Impact
7.030
21. Comments:
Unavoidable permanent and temporary wetland impacts will result from the proposed project. A total of 7.02 acres of permanent impacts to wetlands
WA, WB, WC, WD, and WG will result from the placement of fill alongside the existing embankment to facilitate the roadway widening. Additionally, less
than 0.01 acres of permanent excavation impacts to wetland W1 will be necessary to accommodate the culvert replacement at Impact Site 1.
Additionally, a total of 3.35 acres of temporary impacts to wetlands WA, WB, WC, and WD will result from the hand clearing necessary to facilitate the
road widening construction. All temporarily impacted areas will be returned to pre-existing contours upon completion of the project.
3. Stream Impacts
3a. Reason for impact (?)
3b.lmpact type*
3c. Type of impact*
3d. S. name*
3e. Stream Type*
3f. Type of
3g. S. width
3h. Impact
❑
M
Jurisdiction*
Ilength*
S1
Site 1 - Culvert Extension
Permanent
Culvert
Jones Pond Creek
Perennial
Both
21
Aveage (feet)
(linear feet)
S2
Site 1 - Riprap (PNNL)
Permanent
Bank Stabilization J
Jones Pond Creek
Perennial
Both
39
Average (feet)
(linear feet)
S3
Site 1 - Construction Access
Temporary
Other
Jones Pond Creek
Perennial
Both
23
Average (feet)
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
60
3i. Total stream and ditch impacts:
83
3i. Total temporary stream impacts:
23

3j. Comments:
Unavoidable impacts to Jones Pond Creek will occur as a result of the proposed project. A total of 21 LF (0.04 acre) of permanent impacts to Jones
Pond Creek will occur at Impact Site 1 from the culvert replacement and extension. Rip rap will be installed for outlet protection and will be keyed in to
the bank of Jones Pond Creek resulting in a total of 39 LF (0.03 acre) of permanent impacts to the stream, but no net loss of waters.
Additionally, 23 LF (0.03 acres) of temporary stream impacts will result from temporary construction access needed to facilitate the culvert replacement
and bank stabilization. All temporarily impacted streams and streambanks will be returned to pre -construction contours following completion of the
project.
4. Open Water Impacts
4a. Site #
4a1. Impact Reason
4b. Impact type
4c. Name of waterbody
4d. Activity type :114e.
Waterbody type
4f. Impact area
Site 6
Bank Stabilization
P
Newland Drainage Canal
Fill
Tributary
0.25
Site 6
Construction Access
T
Newland Drainage Canal
Other
_11
Tributary
0.36
4g. Total temporary open water Impacts:
0.36
4g. Total open water impacts:
0.61
4h. Comments:
4g. Total permanent open water impacts:
0.25
Unavoidable permanent and temporary open water impacts will result from the proposed project. A total of 0.25 acres of unavoidable permanent impacts
to the Newland Drainage Canal will result from the placement of rip rap fill alongside the existing embankment to repair the failing slope and provide
stabilization for the roadway.
Additionally, a total of 0.36 acres of temporary impacts to the Newland Drainage Canal will result from the temporary construction access necessary to
facilitate the embankment repairs and stabilization. All temporarily impacted areas will be returned to pre-existing contours upon completion of the
project.
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:
The NCDOT has implemented avoidance and minimization techniques throughout development of the R-5808 project design. This included developing
three total alignment alternatives that evaluated avoiding aquatic resources as much as possible, while also minimizing impacts to other resources, and
maintaining a feasible, constructible, and practicable design. Overall, proposed impacts have been avoided and minimized by utilizing and widening the
existing roadway corridor to the extent practical.
Fill embankments with 3:1 slopes were applied along the entire corridor rather than the original 6:1 slopes envisioned to reduce impacts to
natural/environmental resources. The proposed corridor widening will use offset widening rather than symmetrical widening to minimize wetland impacts,
and alignment has been configured to avoid impacts to the Great Dismal Swamp National Wildlife Refuge. Additionally, wing walls will be included at the
culvert inlet and outlet along Jones Pond Creek to reduce the overall length of stream placed in the culvert.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Impacts to the jurisdictional features within the project area will be minimized and avoided to the extent practical throughout the construction process.
Where feasible, staging and construction access routes will be located in upland areas throughout the project area. Silt fencing will be installed around
the construction site to help ensure that all construction equipment will remain within the permitted limits of disturbance throughout the construction
process. Temporary erosion and sediment control measures will be used to reduce construction stormwater impacts to receiving waters and minimize
runoff from the construction site. Additionally, hand clearing will be utilized outside of the slope stakes to reduce permanent impacts to wetlands.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
Yes
No
2c. If yes, mitigation is required by (check all that apply):
DWR
Corps
2d. If yes, which mitigation option(s) will be used for this project?
Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
Yes No
4b. Stream mitigation requested:
(linear feet)
21 linear feet
4d. Buffer mitigation requested (DWR only):
(square feet)
4c. If using stream mitigation, what is the stream temperature:
warm
4e. Riparian wetland mitigation requested:
(acres)
0.26 acres
Q
u

4f. Non -riparian wetland mitigation requested:
(acres) 4g. Coastal (tidal) wetland mitigation requested:
6.77 acres (acres)
4h. Comments
The NCDOT proposes to provide compensatory mitigation for the unavoidable permanent impacts to streams and wetlands resulting from the R-5808
project through payment to the North Carolina Division of Mitigation Services In -Lieu Fee Program. Compensatory mitigation is proposed at a 2:1 ratio
for the 0.26 acres of permanent impacts to jurisdictional riparian wetlands, 6.77 acres of permanent impacts to jurisdictional non -riparian wetlands, and
21 linear feet of permanent impacts to jurisdictional streams. Compensatory mitigation credits will be debited from the R-5808 project fund upon approval
of the Section 404/401 Permit and prior to construction of the project. An Acceptance Letter from the NCDMS will be uploaded to Laserfiche as
supplemental information when available.
6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR
6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more information.
Yes No
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?
Yes No
If no, explain why:
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?
Yes No
Comments:
Existing drainage features have been maintained to the extent practicable. The proposed culvert at Impact Site 1 was buried 1-foot to minimize water quality impacts to surface waters. In
addition, 3:1 slopes were used for soil stabilization, and open channel design with rip rap on banks was used only where practical in areas of parallel jurisdictional stream impacts. Channel
improvements were used at culvert inlet and outlet, and alignment was configured to minimize impacts to the Great Dismal Swamp.
G. Supplementary Information
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?
Yes No
1b. 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 Policy Act (NEPA/SEPA)?*
Yes No
1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House?
Yes No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)? *
Yes No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality? *
Yes No
3b. If you answered "no," provide a short narrative description.
The proposed roadway improvements are a single and complete project. Construction of the proposed project will not result in cumulative impacts or
additional development.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?
Yes No N/A
0
5. Endangered Species and Designated Critical Habitat (Corps Requirement)

5a. Will this project occur in or near an area with federally protected species or habitat?*
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
Yes No
5c. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
5d. Is another Federal agency involved?*
Yes No
What Federal Agency is involved?
FHWA; USFWS (Merger Process Coordination)
5e. Is this a DOT project located within Division's 1-8?
Yes No
0 Unknown
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
As of January 24, 2023, the USFWS IPaC database lists four federally protected species with potential to occur in the vicinity of the project; the northern
long-eared bat (NLEB), red knot, red -cockaded woodpecker, and American alligator. The tricolored bat, a proposed endangered species, and the bald
eagle which is protected by the Bald and Golden Eagle Protection Act (BGPA) also have potential to occur in the project vicinity. Kimley-Horn reviewed
the NC Natural Heritage Program (NCNHP) element occurrence database (updated January 2023) to determine if there are any known occurrences of
federally protected species in the project study area or its vicinity. Additional information regarding documented species occurrences, presence of
suitable habitat, and results of the species surveys can be found below.
Tricolored bat is currently listed as a Proposed Endangered species and is therefore not currently protected under the Endangered Species Act (ESA).
The tricolored bat is anticipated to be listed as Federally Endangered under the ESA as early as September 2023. Due to the presence of trees greater
than 3" in diameter at breast height and a culvert greater than 42" in diameter within the project study area, it is assumed that tricolored bat habitat is
present. A review of the NC Natural Heritage Program (NCNHP) database records (updated October 2022) indicates that there are no known tricolored
bat occurrences in or within 1.0 mile of the project study area. If the tricolored bat is listed as Federally Endangered prior to project construction, Section
7 Consultation with the USFWS may be necessary in order to render a biological conclusion. Additionally, coordination with Gary Jordan of the USFWS
indicates that a Programmatic Section 7 Agreement between NCDOT, FHWA, USACE, and USFWS is anticipated for the tricolored bat upon listing and
that it is assumed the proposed R-5808 project would be covered under this agreement.
Suitable habitat for the red knot is not present within the project study area due to the lack of beach and estuarine environments. A review of the NCNHP
database records (updated October 2022) indicates that there are no known red knot occurrences in or within 1.0 mile of the project study area. Due to
the lack of suitable habitat and the lack of known occurrences, it has been determined that the proposed project will have "No Effect" on the red knot.
Suitable foraging and nesting habitat for the red -cockaded woodpecker (RCW) is present within the project study area within the sufficiently open and
mature pine stands primarily located on the southside of U.S. 158. Kimley-Horn biologists conducted pedestrian surveys within areas of suitable habitat
on May 6, 2020, and again on January 25, 2023, and no RCW individuals or nesting cavities were observed. Additionally, a review of the NCNHP
database records (updated October 2022) indicates that there are no known RCW occurrences in or within 1.0 mile of the project study area. Due to the
lack of observed individuals or nesting cavities and the lack of known occurrences, it has been determined that the proposed project will have "No Effect"
on the RCW.
Suitable habitat for the American alligator is present within the project study area along the northern boundary of the project study area along the US 158
corridor within the GDSNWR. A review of the NCNHP database records (updated October 2022) indicates that there are no known American alligator
occurrences within 1.0 mile of the project study area. The American alligator is threatened due to similarity of appearance and therefore Section 7
Consultation with the USFWS is not required.
A desktop-GIS assessment of the project study area, as well as the area within a 1.13-mile radius(1.0 mile plus 660 feet) of the project study area, was
performed in January 2023 using 2021color aerials. One water body, Newland Drainage Canal/Great Dismal Swamp, was identified as a large enough
or sufficiently open enough water body to be considered a potential feeding source. Pedestrian surveys were conducted by Kimley-Horn biologists on
January 25, 2023 and no bald eagle nests were identified in or within 660 feet of the project study area; however, two bald eagle individuals were
observed approximately 250 feet north of the project study area, within the open water area of the Great Dismal Swamp National Wildlife Refuge (Figure
1). Movement of these individuals was monitored for approximately 1.5 hours to determine if there were any active nesting sites in or within the vicinity of
the project study area. The individuals were observed perching and foraging and did not return to a nest or exhibit nesting behavior throughout the
period of observation. Additionally, a review of the NCNHP database records (updated October2022) indicates that there are no known bald eagle nest
occurrences in or within 1.0 mile of the project study area. Due to the lack of observed eagle nests and the lack of known eagle nests within 1.0 mile of
the project study area, it is anticipated that the proposed project will not affect the bald eagle.
Additionally the USFWS has revised the previous programmatic biological opinion (PBO) in conjunction with the Federal Highway Administration
(FHWA), USACE, and NCDOT for the northern long-eared bat (NLEB) in eastern North Carolina. The programmatic determination for NLEB for the
NCDOT program remains "May Affect, Likely to Adversely Affect." The PBO provides incidental take coverage for NLEB and will ensure compliance with
Section 7 of the Endangered Species Act for ten years for all NCDOT projects with a federal nexus in Divisions 1-8, which includes Gates and
Pasquotank Counties in Division 1, where STIP R-5808 is located. This level of incidental take is authorized from the effective date of a final listing
determination through December 31, 2030. Gates and Pasquotank Counties contain a current known/potential range of NLEB and are therefore subject
to conservation measures. Conservation measures which will avoid/minimize mortality of NLEBs as included in the PBO are:
1) No tree clearing will occur within 150 feet of a known maternity roost tree May 1 — June 30 to protect
non-volant young. Winter roost trees are not considered maternity roost trees.
2) At individual project sites where a total of 1.0 acre of more of tree clearing will occur, no tree clearing
will occur during the potion of the day that the air temperature is <40 degrees Fahrenheit in order to protect NLEBs that may be in torpor.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
Yes No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
The NOAA Essential Fish Habitat Mapper was reviewed on March 2, 2023. No essential fish habitat was found within the project study area or within the
project vicinity.

7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status? *
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources? *
No sites listed on, or determined eligible for listing on, the National Register of Historic Places or as a Local Landmark were identified in the study area.
The State Historic Preservation Office (SHPO) submitted a response to scoping letters requested as part of the National Environmental Policy Act
(NEPA) process and requested an archaeological survey be conducted within the area of potential effects (APE) due to an identified archaeological site.
An archaeological survey of the APE was completed on March 10, 2021. Subsurface investigations did not reveal the presence of any National Register
of Historic Places eligible or listed archaeological sites. Documentation of this archaeological survey is available upon request.
A tribal coordination letter was sent to the Catawba Indian Nation on March 1, 2021. The Catawba Indian Nation provided a response dated April 8,
2021, indicating that the Catawba Indian Nation has no immediate concerns with regard to traditional cultural properties, sacred sites, or Native
American archaeological sites within the boundaries of the proposed study area. The Catawba Indian Nation requested that they receive notification if
Native American artifacts and/or human remains are located during the ground disturbance phase of this project.
A tribal coordination letter was sent to the Nansemond Indian Nation on March 21, 2023. Based on the response from the Catawba Indian Nation and
the findings of the NCDOT archaeological investigation, it is anticipated that the Nansemond Indian Nation will have no concerns regarding the proposed
project. If a response is received from the Nansemond Indian Nation, it will be provided to the USACE.
Due to the lack of historic and archaeological resources, and the lack of project concerns from Tribal Nations, the proposed project is anticipated to have
no affect on resources protected under the National Historic Preservation Act.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? *
Yes No
8b. If yes, explain how project meets FEMA requirements:
It is anticipated that the project will qualify for a No -Rise Certification through FEMA. If a No -Rise cannot be achieved, the appropriate FEMA
certifications will be received prior to construction.
8c. What source(s) did you use to make the floodplain determination?*
The FEMA Digital Flood Insurance Map (DFIRM) Panels 3720792800K and 3720794800K (effective July 20, 2009) were accessed on March 2, 2023.
FEMA Special Flood Hazard Areas (Zone A) is present within the project study area.
Miscellaneous
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Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
01_R5808_PCN_CoverLetter.pdf 201.16KB
02_R5808 Figures.pdf 6.91 MB
03_R5808_Permit Drawings.pdf 12.38MB
04_R5808_CE.pdf 243.27KB
05_R5808_AgencyResponces.pdf 15.64MB
File must be PDF or KMZ
Comments
At the request of the USACE, a 404/401 Individual Permit Application Narrative was sent to Mr. Kyle Barnes of the USACE and Mr. Garcy Ward of the NCDWR on January 30, 2023, to
assist the USACE in preparation of a supplemental Public Notice for the TIP R-5808 project. No comments warranting further study under an Individual Section 404 Permit were received.
Please review the attached documentation for additional project details.
Signature
By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the PCN form.
Full Name:
William Sullivan
Signature
WMZ1W �ill1xn r
Date
3/21 /2023
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