20211126 Ver 2_ePCN Application_20220831

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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:
4/20/2022
BIMS#Assigned" Version#*
20211126 2
Is a payment required for this project?*
No payment required
Fee received Reviewing Office*
Fee needed-send electronic notification Washington Regional Office-[phone]
Select Project Reviewer*
Garcy Ward:eads\gpward
Information for Initial Review
1a.Name of project:
Bridge 7 over Alligator River on US 64(HB-0001-Central)
1a.Who is the Primary Contact?*
Jason Dilday
1 b.Primary Contact Email:" 1c.Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
8/31/2022
Nearest Body of Water
Alligator River
Basin
Pasquotank
Water Classification
SC;Sw
Site Coordinates
Latitude: Longitude:
35.899417 -76.003591
A. Processing Information
County(or Counties)where the project is located:
Tyrrell
Dare
Is this a NCDMS Project
Yes No
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:
H B-0001
WBS#(?)
49475.1.1
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)
Has this PCN previously been submitted?*
Yes
No
Please provide the date of the previous submission."`
7/15/2021
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: 6-Survey Activities
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:
n/a
2b.Deed book and page no.:

2c.Contact Person:
2d.Address
Street Address
n/a
Address Line 2
City State/Province/Region
n/a n/a
Postal/Zip Code Country
n/a n/a
2e.Telephone Number: 2f.Fax Number:
[phone]
2g.Email Address:*
maturchy@ncdotgov
3.Applicant Information(if different from owner)
3a.Name:
NCDOT
3b.Business Name:
3c.Address
Street Address
1598 Mail Service Center
Address Line 2
City State/Province/Region
Raleigh NC
Postal/Zip Code Country
27699-1598 us
3d.Telephone Number: 3e.Fax Number:
[phone]
3f.Email Address:
[e-mail]
C. Project Information and Prior Project History
1.Project Information
1b.Subdivision name:
(if appropriate)
1c.Nearest municipality/town:
East Lake
2.Project Identification
2a.Property Identification Number: 2b.Property size:
2c.Project Address
Street Address
Address Line 2
City State/Province/Region
Postal/Zip Code Country
3. Surface Waters
3a.Name of the nearest body of water to proposed project:
Alligator River
3b.Water Resources Classification of nearest receiving water:*
SC;Sw
3c. What river basin(s)is your project located in?*
Pasquotank

3d.Please provide the 12-digit HUC in which the project is located.
030102050902
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:'
Existing land use in the vicinity is rural,with one gas station/marina located at the western end of the existing bridge.
4b.Have Corps permits or DWR certifications been obtained for this project(including all prior phases)in the past?"
• Yes No Unknown
If yes,please give the DWR Certification number or the Corps Action ID(exp.SAW-0000-00000).
USACE SAW-2021-01091
DWR 20211126
4f.List the total estimated acreage of all existing wetlands on the property:
88.08
4g.List the total estimated linear feet of all existing streams on the property:
1,091
4h.Explain the purpose of the proposed project:
Replace the existing bridge over the Alligator River.Geotechnical borings are required to facilitate design of the new bridge's foundations.
4i.Describe the overall project in detail,including indirect impacts and the type of equipment to be used:"
Borings in a portion of the river have already occurred.Borings in wetlands have been completed and though originally thought to be possible without impacts,unpermitted impacts
occurred resulting in Notice of Violations issued by the NCDWR and the USACE.Please see the attachments for additional details.
5. Jurisdictional Determinations
Sa.Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No Unknown
Comments:
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): Rob Crowther
Agency/Consultant Company: Carolina Ecosystems,Inc.
Other:
5d.List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
The USACE,NCDWR,and NC Division of Coastal Management visited the project on March 31,2021.
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?
This proposed work is for geotechnical investigations to faciltate bridge design.US Army Corps of Engineers
(USACE)Action ID SAW-2021-01091 for NW 6 was issued on August 11,2022.A detailed permit application for the actual bridge replacement will be submitted in the future.
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
2.Wetland Impacts
2a1 Reason(?) 2b.Impact type"(?) 2c.Type of W.* 2d.W.name 2e.Forested* 2f.Type of Jurisdicition"2g•Impact
area*
Borings T SaltlBrackish Marsh marsh No Both 0(acm
(acres)

r7lMech.Clearing F
Riverine Swamp Forest �t__ f=[B.th 0.353
(acres)
2g.Total Temporary Wetland Impact 2g.Total Permanent Wetland Impact
0.021 0.353
2g.Total Wetland Impact
0.374
2i.Comments:
Assuming a 2 foot radius of impact around each boring.
An additional 0.576 ac.of handclearing has occurred for access of drill rig to the project site.
4. Open Water Impacts
4a. Site# 4a1.Impact Reason 4b.Impact type 4c.Name of waterbody _114d.Activity type �114e.Waterbody type 4f.Impact area
Borings T Alligator River Excavation Tributary 0.04
4g.Total temporary open water Impacts: 4g.Total permanent open water impacts:
0.04 0.00
4g.Total open water impacts:
0.04
4h.Comments:
E. Impact Justification and Mitigation u
1.Avoidance and Minimization
la.Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The majority of the borings have occurred or will occur within the footprint of the proposed bridge replacement project.
1 b.Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The drilling and sampling of the borings will be completed within the steel casing utilizing mud-rotary drilling methods.Drill fluids consisting of a
water/bentonite slurry will be circulated from a mud tub on the barge platform through the drill tools and drilling bit and recirculated to the mud tub on the
barge platform through the outer steel casing.Drilling cuttings(spoils)will be captured in the mud tub,removed as necessary to facilitate drilling and
sampling operations,and temporarily stored in metal drums on the barge platform until boring termination is achieved.Please see the attached
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?
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: 4c.If using stream mitigation,what is the stream temperature:
(linear feet)
4e.Riparian wetland mitigation requested:
4d.Buffer mitigation requested(DWR only): (acres)
(square feet) 0.343
4f.Non-riparian wetland mitigation requested: 4g.Coastal(tidal)wetland mitigation requested:
(acres) (acres)
4h.Comments
5. Complete if Using a Permittee Responsible Mitigation Plan
5a.If using a permittee responsible mitigation plan,provide a description of the proposed mitigation plan including mitigation credits generated.
See attached restoration plan for impacts associated with the mechanized clearing of wetlands.NCDOT proposes to restore 0.010 ac of impacted area
that occurred outside the footprint of the future bridge project.

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
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:
The Pasquotank River Basin does not include protected riparian buffers.
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
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?
Yes No
N/A-project disturbs<1 acre
Comments:
G. Supplementary Information
1. Environmental Documentation
la.Does the project involve an expenditure of public(federallstatellocal)funds or the use of public(federallstate)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
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
2b Provide an explanation of the violation(s):
This application is required in response to the NC Division of Water Resources Notice of Violation(2022-PC-0389)issued on July 26,2022,due to
failure to secure a written 401 Water Quality Certification(WQC)as well as 401 WQC condition violation;and the United States Army Corps of
Engineers Notice of Violation(SAW-2021-01091),issued on August 11,2022,violation of General Condition#11 of the Nationwide Permit#6.
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 borings are needed to assist with the design for the future bridge replacement.
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
5c.If yes,indicate the USFWS Field Office you have contacted.
Raleigh
5d.Is another Federal agency involved?*
Yes No Unknown
What Federal Agency is involved?
NMFS
5e.Is this a DOT project located within Division's 1-8?
Yes No
5j.What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
NC Natural Heritage databases,USFWS IPaC,and field surveys
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 Essential fish habitat mapping tool
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?*
NCDOT coordination with SHPO
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:
8c.What source(s)did you use to make the floodplain determination?
FRIS
Miscellaneous U
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
HB-0001 Nationwide Tyrrell—Dare August 31,2022.pdf 11.02MB
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:
Mack Christopher Rivenbark,III
Signature
x44 e. Rc k,111
Date
8/31/2022