20221330 Ver 1_Riparian Buffer Authorization_20220927

Staff Review Form
NORTH CAROLINA
Ertrlmnmertlrtl Quality
Updated September 4, 2020
Staff Review
Does this application have all the attachments needed to accept it into the review process?*
Yes No
ID# *
20221330
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]
Riparian Buffer Authorization
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:
6/28/2022
Project Contact Information
..................................................................................................................................
Name: Mark Nottingham
Who is submitting the information?
Email Address: [e-mail]
Project Information
...........................
Project Name: Green Mill Run Streambank Stabilization Project
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)
Pitt
Please upload all files that need to be submited.
Click the upload button or drag and drop files here to attach document
Submitted Pre -Construction Notification (PCN)
320.59KB
Form.cleaned.pdf
Pre -filing meeting request - Green Mill Run
107.54KB
Streambank Stabilization Project.pdf
Green Mill Run Streambank Stabilization Project.pdf 2.87MB
Only pdf or kmz files are accepted.
Describe the attachments or
comments:
I have uploaded the pre -filing meeting request confirmation, the submitted PCN, and a vicinity map and
construction documents for the project.
Thanks for your time.

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:
Submittal Date: Is filled in automatically.

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From: 401PreFile
To: Mark Nottinaham
Subject: Automatic reply: [External] Pre -filing meeting request - Green Mill Run Streambank Stabilization Project
Date: Tuesday, June 28, 2022 8:28:37 AM
This email confirms receipt of your pre -filing meeting request. Please retain this email for your
records and submit this documentation as part of your 401 application (PCN Application) as
required by federal law. DWR will not be able to accept your application without this federally
required documentation. 401 applications received without documentation that a pre -filing
meeting request was submitted at least 30 days prior will be returned as incomplete.
Responses to this email are not monitored.
Background
On April 6, 2022, the United States Supreme Court issued an order staying a lower court's
vacatur of the Trump Administration's 2020 "Clean Water Act Section 401 Certification Rule"
("Federal Rule"). As a result of the United States Supreme Court order, the Trump
Administration's Federal Rule has sprung back into effect.
The Trump Administration's Federal Rule imposes additional procedural requirements on
applicants for 401 Certifications and on DWR's processing of those applications. One
requirement is that 401 applicants must request a pre -filing meeting request at least 30 days
prior to submitting their 401 application. [40 C.F.R. §121.4] In turn, the Federal Rule requires
that applicants include documentation of their pre -filing meeting request in their 401
Certification application. [40 C.F.R §121.1; 40 C.F.R. §121.5]. Please refer to the Federal
Rule for more information.
Per 40 CFR §121 and §121.5, a 401 Certification application that does not include the required
pre -filing meeting request documentation does not constitute a "certification request." As a
result of the reinstatement of the Trump Administration's Federal Rule, all 401 applications
received after April 6, 2022 that do not have documentation that a pre -filing meeting request
was submitted at least 30 days prior to submittal of a 401 Certification application will be
returned as incomplete.
If you need to contact 401/Buffer Permitting Staff, please use the following link(s) to access of
staff contact list(s).
For Non -Transportation Central Staff:
https://dea.nc.Eov/about/divisions/wader resources/wader guality perrnittinE/401 buffer
permittine/401 buffer permittine contacts
For Non -Transportation Regional
Staff: https://edocs.deW.nc.eov/WaterResources/DocView.aspx?dbid=0&id=21..62034&cr=1..

For all Transportation Projects Including N[DOTProjects:

r
Pre. -Construction Notification QPlNp IForm
For Nationwide Perimiits and IRegiionall G eneirall Perimiits
(alloing with corlreslpoindiiing Water Qusalliity CeirQiitiicatiions)
AIplriill 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:ffedocs.deq.nc.gov/VVaterResources/O/edocf024704/F:ICN % 20Flelp/ 2OFile/ 20201 £5-1-30.pdf
A. Processing Information
Pre -Filing Meeting Date Request was submitted on:
6/17/2022
If this is a courtesy copy, please fill in this with the submission date.
County (or Counties) where the project is located:"
Pitt
Is this a NCDMS Project*
Yes - No
Click Yes, only if NCD MS is the applicant or co -applicant.
Is this project a public transportation project?*
Yes y 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:*
41 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
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):
List all NVV numbers you are applying for not on the drop doom list.
1 d. Type(s) of approval sought from the DWR:
check all that apply
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
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:
For the record only for Corps Permit:
401 Water Quality Certification - Express
Riparian Buffer Authorization
Yes -, No
Yes �, No
1f. Is this an after -the -fact permit application?*
.: Yes y.. 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.
Yes y 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
1j. Is the project located in a designated trout watershed?*
Yes - No
Link to trout information: http:ffwww.saw.usace.army.mil/Missions/Regulatory-Permit Progran-VAgency Coordination/ Froutaspx
B. Applicant Information
la. Who is the Primary Contact?*
Mark Nottingham
1c. Primary Contact Phone:*
1 b. Primary Contact Email: (­)­xxxx
[e-mail] [phone]
1 d. Who is applying for the permit?*
Owner Applicant (other than owner)
(Check all that apply)
1 e. Is there an AgentlConsultant for this project?*
Yes - No
2. Owner Information
2a. Name(s) on recorded deed:*
-WF 84 1-1-C
2b. Deed book and page no.:
42 97
2c. Contact Person:
(for Corporations)
Sharon Elks
2d. Address*
Street Address
99 Fisherville lRd
Address Line 2
City
State / Province / Region
Concord
NI-1
Postal /Zip Code
Country
03303
United States
2e. Telephone Number:*
(.x)xx­xxx
[phone]
2f. Fax Number:
2g. Email Address:*
thequarterdecl<.I<[e-mail]
3. Applicant Information (if different from owner)
3a. Name:*
Mark Nottingham
3b. Business Name:
(if applicable)
City of Greenville

3c. Address*
Street Address
2000 Cedar Ln
Address Line 2
City
State / Province / Region
Greenville
NC
Postal /Zip Code
Country
27858
United States
3d. Telephone Number:
[phone] 3e. Fax Number
3f. Email Address:*
[e-mail]
C. Project Information and Prior Project into
1. Project Information
1 a. Name of project:*
Green Mill lRun Streambank Stabilization
1b. Subdivision name:
(it appropriate)
1c. Nearest municipality I town:
Greenville
2. Project Identification
2a. Property Identification Number:
2b. Property size:
(tax PIN or parcel ID)
(in acres)
06409
73
2c. Project Address
Street Adore.
1110 E 1 Oth Street
Address Line 2
City
State / Province / Region
Greenville
NC
Postal (Zip Code
Country
27858
United States
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:
35.60198 7735577
ex 34.208504 -77.796371
3. Surface Waters
3a. Name of the nearest body ofwater to proposed project:
Greens Mill lRun
3b. Water Resources Classification of nearest receiving water:
C,NSW
Surface Water Lookup
3c. What river basin(s) is your project located in?*
tar -Pamlico
3d. Please provide the 12-digit HUC in which the project is located.*
03020103
River Basin Lookup
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 site includes a section of the Careen Mill IRun Oreenway that is adjacent to the Careen Mill IRun stream. The banks of the stream are very steep in this location and have eroded
overtime. The erosion threatens to undermine the Oreenway in this 75` long span of the stream. A student living housing complex is located on the north side of the stream and single
family homes are located on the south side.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
Yes No :w Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
Unknown
4g. List the total estimated linear feet of all existing streams on the property:
(intermittent and perennial)
1,000
4h. Explain the purpose of the proposed project:"
The purpose of this project is to stabilize 75` linear feet of streambank to prevent further erosion and to protect the Careen Mill IRun Oreenway.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The project will involve the placement of approximately 100 gabion baskets along the northern bank of the Careen Mill IRun Stream. The project is 75 in length and there will be 4 layers of
gabion baskets that will be 12' tall when complete. Equipment required to install these stream stabilization measures will include an excavator and dump truck. Other small equipment may
be required as well. Construction involving equipment should be able to be conducted from the top of the bank.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No w, 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:
Example: SAW-2017-99999
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
6. Future Project Plans
6a. Is this a phased project?*
Yes p; 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.
No
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands 0 Streams -tributaries r": Buffers
Open Waters Pond Construction
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted.
"S." will be used in the table below to represent the word "stream".
3a. Reason for impact* (?)
3b.lmpact type*
3c. Type of impact*
3d. S. name*
3e. Stream Type*
(?)
3f. Type of
Jurisdiction*
3g. S. width*
....75
3h. Impact
length*
Bank Stabilization
Permanent
Bank Stabilization
Greens Mill lRun
Perennial
Both
10
Average (feet)
(linear feet}
"" All Perennial or Intermittent streams must be verified by 17WR or delegated local government.
3i. Total jurisdictional ditch impact in square feet:
0

3i. Total permanent stream impacts:
75
3i. Total temporary stream impacts:
0
3i. Total stream and ditch impacts:
75
3j. Comments:
6. Buffer Impacts (for DWR)
If project will impact a protected riparian buffer, then complete the chart below. Individually list all buffer impacts below.
6a. Project is in which protect basin(s)?*
Check all that apply
Neuse Tar -Pamlico
Catawba Randleman
Goose Creek Jordan Lake
Other
6b.Impact Type P)
6c.Per orTemp P)
6d. Stream name
6e. Buffer mitigation required?
6f. Zone 1 impact
6g. Zone 2 impact
Allowable
T
Greens Mill Run
No
900
(square feet)
0
square feet)
(
6h. Total buffer impacts:
Zone 1 Zone 2
Total Temporary impacts: 900.00 0.00
Zone 1 Zone 2
Total Permanent impacts: 0.00 0.00
Zone 1 Zone 2
Total combined buffer impacts: 900.00 0.00
6i. 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:
The project length only covers the area required to stabilize the stream in the vicinity of the Greenway.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Construction should be able to be performed from the top of the bank.
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:
This stream is not navigable and impacts will be limited to the streambank.
NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington District's RIBI TS website.
F. Stormwater Management and Diffuse Flow Plan (required by DWR) 0
*** 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 No
1 b. All buffer impacts and high ground impacts require diffuse flow or other form of stormwater treatment. If the project is subject to a state implemented riparian buffer protection program,
include a plan that fully documents how diffuse flow will be maintained.
All Stormwater Control Measures (SCM)s must be designed in accordance with the NC Stormwater Design Manual. Associated supplement forms and other documentation shall be
provided.
What type of SCM are you providing?
Level Spreader
Vegetated Conveyance (lower SHWT)
Wetland Swale (higher SHWi)
Other SCM that removes minimum 30% nitrogen
41 Proposed project will not create concentrated stormwater flow through the buffer
(check all that apply)
For a list of options to meet the diffuse flow requirements, click here
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?"
Yes w, No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?"
Yes ? No
Tb look up low density requirement click here 15A NCAC 021-1 .1003(2).
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
a N/A - project disturbs < 1 acre
Hint: projects that have vested rights, exemptions, or grandfathenng from state or locally implemented storm —ter programs or projects that satisfy state or locally -implemented storm,xater programs through use of community in -lieu programs should answer
no to this question.
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?"
y 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 u- No
Comments:"
N/A
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 - No
3b. If you answered "no," provide a short narrative description.
This project only involves stabilizing a streambank.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?"
.: Yes nNo 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?"
t Yes No

5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
Yes No
5d. Is another Federal agency involved?*
Yes No
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.?*
6 Yes No
5g. Does this project involve bridge maintenance or removal?*
Yes - No
Link to the NLEB SLOPES document: http://saw-reg.usace.arrny.mil/NI_F_B/1-3C-17-signed._Nl-EBSI-OPES&appS.pdf
5h. Does this project involve the construction/installation of a wind turbine(s)?**
Yes - No
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 - No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?*
The USFWS IPaC tool was used to identify Endangered Species that could potentially be located in this area. IPeview of the species reveals that there
are none of the identified species in the project area.
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
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data: http�!/gis.ncdcrgfrvlCaperwetr!
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)?*
Yes y No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
The SHFIO mapping tool.
8. Flood Zone Designation (Corps Requirement)
Link to the FEMA Floodplain Maps: https://msc.tema.gov/portal/search
8a. Will this project occur in a FEMA-designated 100-yearfloodplain?*
- Yes No
8b. Ifyes, explain how project meets FEMA requirements:
Project requires a NoriseCertification which is being applied for and will be approved by the State NI=1P Engineer and the City of Greenville prior to
construction.
8c. What source(s) did you use to make the floodplain determination?*
Flood (Risk Information System (FRIS)
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
Careen Mill IPun Streambank Stabilization Project.pdf Z87MB
File must be PDF or KMZ
Signature
*
41 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 FICIN 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 FICIN form.
Full Name:*
Mark Nottingham
Signature*
Date
6/17/2022