20220250 Ver 1_ePCN Application_20220211

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Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
December 6, 2021 Ver 4.2
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.
BIMS # Assigned*
20220250
Is a payment required for this project?
No payment required
Fee received
Fee needed - send electronic notification
Select Project Reviewer*
John Perry:eads\jmperry2
Information for Initial Review
1a. Name of project:
COURTESY COPY Burnt Mill Stream Bank Repair
la. Who is the Primary Contact?*
Kim Williams - Land Management Group
1 b. Primary Contact Email:
[e-mail]
Date Submitted
2/11/2022
Nearest Body of Water
Burnt Mill Creek
Basin
Cape Fear
Water Classification
C; Sw
Site Coordinates
Latitude:
34.232322
A. Processing Information
County (or Counties) where the project is located:
New Hanover
Is this a NCDMS Project
Yes No
Longitude:
-77.915713
Is this project a public transportation project?*
Yes No
1a. Type(s) of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Version# *
1
Reviewing Office*
Wilmington Regional Office - [phone]
1c. Primary Contact Phone:
[phone]
u

Has this PCN previously been submitted?*
Yes
No
1 b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number: 13 - Bank Stabilization
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular 401 Water Quality Certification - Express
Non-404 Jurisdictional General Permit Riparian Buffer Authorization
Individual 401 Water Quality Certification
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification: Yes No
For the record only for Corps Permit: Yes No
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
1 h. Is the project located in any of NC's twenty coastal counties?
Yes No
1 i. 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:
City of Wilmington (Right of Way)
2b. Deed book and page no.:
2c. Contact Person:
Fredric T Royal, PE; Stormwater Services Manager
2d.Address
Street Address
PO Box 1810
Address Line 2
City
State / Province / Region
Wilmington
NC
Postal / Zip Code
Country
28402-1810
USA
2e. Telephone Number:
2f. Fax Number:
[phone]

2g. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Kim Williams
4b. Business Name:
Land Management Group
4c.Address
Street Address
3805 Wrightsville Avenue; Suite 15
Address Line 2
City
Wilmington
Postal / Zip Code
28403
4d. Telephone Number:
[phone]
4f. Email Address:
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1 b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Wilmington
2. Proiect Identification
2a. Property Identification Number:
N/A (right of way)
2c. Project Address
Street Address
Gibson Avenue
Address Line 2
City
Wilmington
Postal / Zip Code
28403
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Burnt Mill Creek
3b. Water Resources Classification of nearest receiving water:*
C; Sw
3c. What river basin(s) is your project located in?*
Cape Fear
3d. Please provide the 12-digit HUC in which the project is located.
030300070808
4. Project Description and History
State / Province / Region
NC
Country
USA
4e. Fax Number:
[phone]
2b. Property size:
0.2
State / Province / Region
NC
Country
USA
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: *
The project area consists of a portion of Burnt Mill Creek located north and parallel to Gibson Avenue (between Confederate Dr. and Alpine Dr.) in Wilmington. This southern bank of this
stream segment is highly eroded with caving banks and undercutting. The area directly adjacent to the southern bank is pavement (Gibson Ave). An existing, deteriorating headwall is
located where Mineral Springs Branch ties into Burnt Mill Creek. Other adjacent land uses is multi -family and single family residential development.
The project area is within a City right of way
u

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:
N/A
4g. List the total estimated linear feet of all existing streams on the property:
310 LF
4h. Explain the purpose of the proposed project:'
The purpose of the project is to stabilize the southern bank of this stream and to prevent further stream bank erosion. Additionally, a deteriorating headwall will be replaced so that it does
not collapse and damage the pipe and cause erosion in Burnt Mill Creek.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:"
The southern bank of this stream segment will be recontoured using soil lifts to provide a more gradual and stable slope. The contractor will first install erosion control measures. A pump
around system will be used in the specific area of construction, which will be moved daily. An impervious dike will be constructed on the upstream side of the work area and a temporary
bypass pump will be installed to divert water around the construction area. An impervious dike will then be installed on the downstream side and the construction area will be dewatered
into a dewatering basin until the sediment has settled and water can be discharged back into the stream. If there is water between the dikes, it will be pumped through silt bags before re-
entering the stream. An energy dissipator (rip rap) will also be placed at the discharge point to avoid erosion. At that point, the stream repair will begin.
A 4-ft wide rock foundation will first be installed on the southern side of the channel below the stream invert. Then soil taken from the site will be compacted, seeded, and wrapped in coir
fiber matting to form each lift (at 1.5:1 slope). The soil lift matting will then be secured in place using wooden stakes. Live stakes will also be installed. Standard construction equipment will
be used.
An existing headwall will also be replaced. A portion of the headwall will be below the toe of slope.
The project will result in temporary impacts to 344 LF of stream, which includes approximately 300 LF of bank stabilization, 24 LF of headwall replacement, and 20 LF for temporary
erosion control measures (pump around devices and energy dissipator) outside of the channel repair area.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No Unknown
Comments:
LMG evaluated the site and found that the limits ofjurisdiction is top of stream bank.
5b. If the Corps made a jurisdictional determination, what type of determination was made?
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Christian Preziosi
Agency/Consultant Company: LMG
Other:
6. Future Project Plans
6a. Is this a phased project?*
Yes No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
No
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
3. Stream Impacts
❑
S1
3a. Reason for impact (?)
Stream bank stabilization
3b.lmpact type*
Temporary
3c. Type of impact*
Bank Stabilization J
3d. S. name*
Burnt Mill Creek
3e. Stream Type*
(?)
Perennial
3f. Type of
Jurisdiction"`
Both
3g. S. width*
20
Average (feet)
3h. Impact
length"`
300
pinear feet)
gy
Headwall replacement
Temporary
Workpad/Causeway J
Burnt Mill Creek
Perennial
Both
20
Average (feet)
24
Qinear feet)

S3
Dewatering/Erosion Control
Measures
Temporary
Dewatering
Burnt Mill Creek
Perennial
Both
20
Average(feet)
10
(linear feet)
S4
Dewatering/Erosion Control
Measures
Temporary
Dewatering
Bumt Mill Creek
Perennial
Both
20
Average (feet)
10
Qinear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
0
31. Total stream and ditch impacts:
344
3j. Comments:
3i. Total temporary stream impacts:
344
E. Impact Justification and Mitigation U
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Stream impacts are temporary in nature and are needed to stabilize the stream bank, replace a headwall, and install erosion control and dewatering
measures. The proposed activity will result in an overall improvement to stream water quality and will alleviate safety concerns to the adjacent road.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The contractor will use erosion control methods including a pump around device during construction.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
Yes No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Impacts are temporary and needed to stabilize the stream bank.
F. Stormwater Management and Diffuse Flow Plan (required by DWR) u
1. Diffuse Flow Plan
la. 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:
Site is located within the Cape Fear River Basin.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes No
Comments:
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
Yes No
1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina)
Environmental Policy Act (NEPA/SEPA)?*
Yes No
Comments: *
No EA was required for this project.
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.
Project will stabilize stream banks and will not provide utilities or access to other tracts.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
Yes No N/A
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
Yes No
5d. Is another Federal agency involved?*
Yes No Unknown
5e. Is this a DOT project located within Division's 1-8?
Yes No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
The NC Natural Heritage Program database was used to determine the known presence of rare species. No federally listed species are known to occur
on the site. The northern long eared bat is known to occur within one mile of the site. The USFWS IPaC database was also reviewed. Most of the
species identified in that review are coastal and this site would not provide suitable habitat for them. The American alligator may be found further
downstream in Burnt Mill Creek. But the stream within the project area is likely too small to provide suitable habitat for the species. No trees will be
removed as a result of this project, so it will not impact the northern long-eared bat or red cockaded woodpecker. Furthermore, the site does not provide
suitable habitat for the magnificent ramshorn or the listed plant species. Therefore, no impacts to federally listed species are anticipated.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
Yes No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
NOAA EFH Mapper
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
The NC State Historic Preservation Office HPOWEB GIS mapping resource was used to determine the presence of cultural or historic resources. No
resources are noted within the site. The Brookwood Historic District (NH3472) is located just north of the site (opposite side of the creek). No work will be
done within the historic district and no impacts to this historic district will occur as a result of the project.
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:
Project will restore a stream bank and will not result in any new impervious cover.

8c. What source(s) did you use to make the floodplain determination?*
FEMA Flood Map Service Center website
Miscellaneous
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
Burnt Mill PCN Attachments.pdf 6.39MB
File must be PDF or KMZ
Comments
Signature
By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
I intend to electronically sign and submit the PCN form.
Full Name:
Kim Williams
Signature
IA%d
Date
2/11/2022