20220836 Ver 1_401 Application_20220620

Staff Review Form
NORTH CAROLINA
EnNmnmenfei Qea(Uy
Updated September4, 2020
Staff Review
Does this application have all the attachments needed to accept it into the review process?*
Yes No
ID# *
20220836
Version* 1
Is this project a public transportation project?*
Reviewer List:*
Select Reviewing Office: *
Submittal Type:*
Yes
No
Robert Tankard:eads\rbtankard
Washington Regional Office - [phone]
401 Application
Does this project require a request for payment to be sent?*
Yes
No
How much is owed?* $240.00
$570.00

Project Submittal Form
Please note: fields marked with a red asterisk * below are required. You will not be able to submit the form until all
mandatory questions are answered.
Project Type: *
For the Record Only (Courtesy Copy)
New Project
Modification/New Project with Existing ID
More Information Response
Other Agency Comments
Pre -Application Submittal
Re-Issuance\Renewal Request
Stream or Buffer Appeal
Pre -Filing Meeting Date Request was submitted on:
4/26/2022
Project Contact Information
Name: Doug Dorman
Who is submitting the information?
Email Address: [e-mail]
Project Information
Project Name: RMP of Edenton, LLC
Is this a public transportation project?
Yes
• No
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
Yes ® No Unknown
County (ies)
Chowan
Please upload all files that need to be submited.
Click the upload button or drag and drop files here to attach document
RMP Ltr.pdf
Only pdf or kmz files are accepted.
Describe the attachments or
comments:
3.66MB
This is a re -submission of an application that was sent back because of the 401 pre -filling requirements. In
addition the plan has been modified to reduce impacts the existing ditch as requested by Anthony Scarbraugh
of the US Army Corps of Engineers.
Sign and Submit
By checking the box and signing box below, I certify that:

• I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to the
best of my knowledge and belief.
• I, 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 agree that submission of this online 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 online form.
Signature:
epOetoware
Submittal Date: Is filled in automatically.

ATLANTIC ENVIRONMENTAL CONSULTANTS, LLC
PO Box 3266, Kitty Hawk, NC 27949
June 20, 2022
Anthony Scarbraugh
Regulatory Specialist
US Army Corps of Engineers
Washington Regulatory Field Office
2407 W. 5th Street
RE: Revised PCN for RMP of Edenton,LLC - Regulator Marine Expansion
Dear Mr. Scarbraugh,
Enclosed is a revised site plan for the Regulator Marine expansion project located at 195 Peanut
Drive in Edenton, Chowan County,North Carolina.
In the initial application we proposed the relocation of a jurisdictional ditch for the purpose of
expanding the Regulator Marine mold storage building and a stormwater retention area for future
expansions. The mitigation costs associated with the wetland impacts and the permit conditions
prohibiting impacts to wetlands for stormwater control measures have led us to change the scope
of the project. As a result of the modifications,we are relocating a small section of the
jurisdictional ditch for the mold storage building expansion only. The relocation of this
section will impact 6.48 cubic yards below the ordinary high-water line within existing ditch.
The new ditch section will be re-created to match upstream and downstream elevations so it may
continue to flow as it currently does to the adjacent wetlands downstream.
I have attached a revised site plan that shows the proposed ditch relocation and the previously
submitted site plan for reference. The linear feet of impacts have been reduced to 197 feet from
540 feet and the impacts below the ordinary high-water line have been reduced to 6.48 cubic
yards from 27.11 cubic yards. As a result of the modifications to the project we have avoided
and minimized wetland impacts for the proposed project and request that you continue with the
permit process.
Sincerely,
DDoug"Dorman
Atlantic Environmental Consultants, LLC
CC:NCDEQ,DWR
Cell: [phone] Office: [phone] Email: [e-mail]

DWR
IDIOM— 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
Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all mandatory questions are answered.
Also, if at any point you wish to print a copy of the E-PCN, all you need to do is right -click on the document and you can print a copy of the form.
Below is a link to the online help file.
https://edocs.deq.nc.govfVVaterResources/0/edoc/624704/PCN / 20Help/ 20File/ 202018-1-30.pdf
A. Processing Information O
Pre -Filing Meeting Date Request was submitted on:
4/14/2022
If this is a courtesy copy, please fill in this with the submission date.
County (or Counties) where the project is located:"
Chowan
Is this a NCDMS Project"
0Yes ONo
Click Yes, only if NCD MS is the applicant or co -applicant.
Is this project a public transportation project?"
O Yes OO No
This is any publicly funded by municipal,state or federal funds road, rail, airport transportation project.
la. Type(s) of approval sought from the Corps:"
❑O 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?"
O Yes
O No
1 b. What type(s) of permit(s) do you wish to seek authorization?"
❑O Nationwide Permit (NWP)
❑ Regional General Permit (RGP)
❑ Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?"
• Yes No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
List all NVV numbers you are applying for not on the drop down list.
1 d. Type(s) of approval sought from the DWR:
check all that apply
❑O 401 Water Quality Certification - Regular
❑ Non-404 Jurisdictional General Permit
❑ Individual 401 Water Quality Certification
41 - Reshaping Existing Ditches
le. Is this notification solely for the record because written approval is not required?
❑ 401 Water Quality Certification - Express
❑ Riparian Buffer Authorization
For the record only for DWR 401 Certification: O Yes O No
For the record only for Corps Permit: O Yes O 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?
If so, attach the acceptance letter from mitigation bank or in -lieu fee program.
O Yes O No
Acceptance Letter Attachment
Click the upload button or drag and drop files hereto attach document
FILE TYPE MUST BE PDF
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 O Unknown
1j. Is the project located in a designated trout watershed?"
0Yes ONo
Linkto trout information: http://www.saw.usace.army.miI/Missions/Regulatory-Permit-Program/Agency-Coordination/Trout.aspx
B. Applicant Information
1a. Who is the Primary Contact?"
Doug Dorman
1c. Primary Contact Phone:"
1 b. Primary Contact Email:" (xxx)xxx-xxxx
[e-mail] [phone]
1d. Who is applying for the permit?"
G Owner Applicant (other than owner)
(Check all that apply)
1e. Is there an AgentlConsultant for this project?"
Yes No
2. Owner Information
2a. Name(s) on recorded deed:"
RMP of Edenton, LLC
2b. Deed book and page no.:
351/184 & 275/761
2c. Contact Person:
(for Corporations)
Doug Dorman
2d.Address*
Street Address
PO Box1104
Address Line 2
City
State / Province / Region
Edenton
NC
Postal /Zip Code
Country
27932
USA
2e. Telephone Number:"
(xxx)xxx-xxxx
[phone]
2f. Fax Number:
2g. Email Address:"
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:"
Doug Dorman
4b. Business Name:
(if applicable)
Atlantic Environmental Consultants, LLC

4c. Address"
Street Address
PO Box 3266
Address Line 2
City
Kitty Hawk
Postal /Zip Code
27949
4d. Telephone Number:"
[phone]
4f. Email Address:"
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1a. Name of project:"
Regulator Marine
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality/town:"
Edenton
2. Project Identification
State / Province / Region
NC
Country
USA
4e. Fax Number:
(xxx)xxx-xxxx
2a. Property Identification Number:
2b. Property size:
(tax PIN or parcel ID)
(in acres)
781500170323 & 781500173187
25.48 & 5.0 acres
2c. Project Address
Street Address
195 Peanut Drive
Address Line 2
City
State / Province / Region
Edenton
NC
Postal /Zip Code
Country
27932
USA
2d. Site coordinates in decimal degrees
Please collect site coordinates in decimal degrees. Use between 4-6 digits (unless you are using a survey -grade GPS device) after the decimal place as appropriate, based on how the location was
determined. (For example, most mobile phones with GPS provide locational precision in decimal degrees to map coordinates to 5 or 6 digits after the decimal place.)
Latitude:" Longitude:"
36.080360-76.593855
ex: 34.208504-77.796371
3. Surface Waters
3a. Name of the nearest body of water to proposed project:"
Edenton Bay
3b. Water Resources Classification of nearest receiving water:"
SC
Surface Water Lookup
3c. What river basin(s) is your project located in?"
Pasquotank
3d. Please provide the 12-digit HUC in which the project is located."
030102050102
River Basin Lookup
4. Project Description and History
U
lJ
lJ

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 existing site is a partially developed industrial zoned property operated by the Regulator Marine boat building facility. The land use in the immediate vicinity is also industrial with a
mixture of residential and commercial land uses around the perimeter of the industrial park.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?"
O Yes O No Q Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
Existing jurisdictional ditch is 0.19 acres.
4g. List the total estimated linear feet of all existing streams on the property:
(intermittent and perennial)
0
4h. Explain the purpose of the proposed project:"
The purpose of the project is to relocate an existing US Army Corps of Engineers jurisdictional ditch. The existing ditch is to be relocated for the expansion of the Regulator Marine boat
building facility and associated stormwater retention basin.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:"
Regulator Marine is expanding the boat building facility by constructing a new 50,496 square foot building to the north of the existing facilities and adding 13,000 square feet on to the west
side of an existing building. The proposed improvements will also require the expansion of the stormwater basins. The existing ditch will be relocated to the west of the proposed
improvements and will be constructed to match the current elevations and size of the existing ditch. Indirect impacts will include additional surface runoff during the construction phase but
this will be minimized by following the required sedimentation and erosion control measures. Equipment to be used includes backhoes, excavators and other grading equipment.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?"
v Yes No O Unknown
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?"
O Preliminary O Approved O Not Verified u Unknown v N/A
Corps AID Number:
Example: SAW-2017-99999
Action ID Number SAW-2008-01593
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Doug Dorman
Agency/Consultant Company: Atlantic Environmetal Consultants, LLC
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR.
July 20, 2021
6. Future Project Plans
6a. Is this a phased project?"
O Yes O 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 projector related activity? This includes other
separate and distant crossing for linear projects that require Department of the Army authorization but don't require pre -construction notification.
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
❑O Wetlands U Streams -tributaries Buffers
O Open Waters O Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
"W." will be used in the table below to represent the word "wetland".
v
2a1 Reason"(?)
2b. Impact type" (?)
2c. Type of W.*
2d. W. name"
2e. Forested"
2f. Type of Jurisdicition"
(?)
29 Impact
area
Ditch relocation
P
Unknown
Ditch 1
No
Corps
0.190
acres)

2g. Total Temporary Wetland Impact
0.000
2g. Total Permanent Wetland Impact
0.190
2g. Total Wetland Impact
0.190
2i. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:"
Design options for expansion of the facility included dividing the building expansion and stormwater retention areas on either side of the existing ditch.
Although this would avoid and minimize impacts to the ditch, construction cost for two separate stormwater retention areas and building locations was
not economically feasible. Relocating the existing ditch, keeping the boat building facilities together and utilizing one stormwater retention area is the
best design option for the project.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:"
The existing ditch location makes it difficult to avoid for the construction of the new building and stormwater retention area. The owners are proposing to
re -construct a portion of the existing ditch west of its current location with the same square feet and elevations to match current site conditions. The
proposed ditch will be constructed before the existing ditch is impacted which should minimize impacts to the downstream jurisdictional waters.
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?
v Yes No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
The existing ditch is to be relocated on the property and reconstructed to match conditions and elevations of the existing ditch. There will be no loss of wetland area, therefore there is no
reason for mitigation to offset any wetland impacts.
NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington District's RIBITS website.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
*** Recent changes to the stormwater rules have required updates to this section .***
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 OO No
For a list of options to meet the diffuse flow requirements, click here.
If no, explain why:
The ditch is not within one of the NC Riparian Buffer Protection Areas.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?"
O Yes OO No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?"
O Yes OO No
To look up low density requirement click here 15A NCAC 02H .1003(2).
0
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program?"
O Yes O No
O N/A - project disturbs < 1 acre
Hint: projects that have vested rights, exemptions, or grandfathering from state or locally implemented storm —ter programs or projects that satisfy state or locally -implemented stonnwater programs through use of community in -lieu programs should answer
no to this question.
3. Stormwater Requirements
3a. Select whether a completed stormwater management plan (SMP) is included for review and approval or if calculations are provided to document the project will not cause degradation of
downstream surface waters."
OO Stormwater Management Plan Antidegradation Calculations
Comments:
A stormwater plan is being submitted by The Timmons Group for review and approval.

G. Supplementary Information
v
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?"
Yes No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)?"
Yes No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality?"
Yes 0• No
3b. If you answered "no," provide a short narrative description.
Any additional stormwater discharge will be treated in the proposed storwater rentention area prior to discharge in the existing ditch.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?"
eYes 6NOON/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 O No
5c. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
5d. Is another Federal agency involved?"
v Yes • No
5e. Is this a DOT project located within Division's 1-8?"
O Yes 0• No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?"
0Yes ONo
5g. Does this project involve bridge maintenance or removal?"
0Yes ONo
Link to the NLEB SLOPES document: http://saw-reg.usace.army.mil/NLEB/1-30-17-signed_NLEB-SLOPES&apps.pdf
5h. Does this project involve the construction/installation of a wind turbine(s)?*"
0Yes nNo
Unknown
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 s) No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?"
US Fish and Wildlife Website.
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 existing ditch does not support Essential Fish Habitat.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
Linkto the State Historic Preservation Office Historic Properties Map (does not include archaeological data: http://gis.ncdcr.gov/hpoweb/

7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status (e.g., National Historic Trust
designation or properties significant in North Carolina history and archaeology)?"
n Yes O No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?"
Environmental Reviewwith North Carolina State Historical Preservation Office.
8. Flood Zone Designation (Corps Requirement)
Link to the FEMA Floodplain Maps: F
8a. Will this project occur in a FEMA-designated 100-yearfloodplain?"
O Yes 0• No
8c. What source(s) did you use to make the flood plain determination?"
Chowan County flood maps
Miscellaneous
Comments
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
RMP Site Plans. pdf 2.37MB
File must be PDF or KMZ
Signature
❑O 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.
• have given true, accurate, and complete information on this form;
• 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:"
Doug Dorman
Signature"
a�� a�a6i'ihtea
Date
4/15/2022

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