20230413 Ver 1_ePCN Application_20230320

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:
10/7/2021
BIMS # Assigned
20230413
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Select Project Reviewer*
Rob Ridings: rob. [e-mail]
Information for Initial Review
la. Name of project:
BP4.R011 Pipe 500460 Over Bawdy Creek on SR-1007
1a. Who is the Primary Contact?*
Garry Wright
1b. Primary Contact Email: *
[e-mail]
Date Submitted
3/20/2023
Nearest Body of Water
Bawdy Creek
Basin
Neuse
Water Classification
WS-IV:NSW
Site Coordinates
Latitude:
35.405803
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Johnston
Is this a NCDMS Project
Yes No
Longitude:
-78.215929
Version#*
1
Reviewing Office`
Central Office - [phone]
1c. Primary Contact Phone: *
[phone]
a
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:
WBS # (1)
BP4. R011.1
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
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
Nationwide Permit (NWP) Number: 03 - Maintenance
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
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:
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
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:
State of North Carolina (NCDOT)
2b. Deed book and page no.:
2c. Contact Person:
Garry Wright
401 Water Quality Certification - Express
Riparian Buffer Authorization
Yes No
Yes No

2d. Address
Street Address
P.O. Box 3165
Address Line 2
city
Wilson
Postal / Zip Code
27895
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Garry Wright
3b. Business Name:
NCDOT Division 4
3c. Address
Street Address
P.O. Box 3165
Address Line 2
city
Wilson
Postal / Zip Code
27895
3d. Telephone 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:
Smithfield
2. Project Identification
2a. Property Identification Number:
2c. Project Address
Street Address
Address Line 2
City
Postal / Zip Code
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Bawdy Creek
3b. Water Resources Classification of nearest receiving water:
WS-IV:NSW
3c. What river basins) is your project located it *
Neuse
3d. Please provide the 12-digit HUC in which the project is located.
030202011701
4. Project Description and History
State / Province / Region
NC
Country
Us
2f. Fax Number:
State / Province / Region
NC
Country
us
3e. Fax Number:
2b. Property size:
State / Province / Region
Country

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 site is a consist of culvert with three 150" x 96" culvert lines crossing Bawdy Creek. The immediate area land use is wetlands and forestry lands with there being some
mixed use agriculture and residential land use outside of the project area.
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:
2.13
4g. List the total estimated linear feet of all existing streams on the property:
441
4h. Explain the purpose of the proposed project: *
The purpose of the project is to upgrade the structurally deficient culvert to three 164" x 10"-0" culvert lines which will improve the hydrology.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
This project will entail upgrading the structurally deficient three lines of 150" x 98" corrugated metal pipe with three lines of 164" x 10'-0" structural aluminum pipe arches with aluminum
end walls. This project will be completed using standard construction procedures and BMPs, including all erosion control and dewatering BMPs. Heavy road construction equipment will be
used, all BMPs for equipment staging and storage will be implemented.
5. Jurisdictional Determinations
5a. 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:
SAW-2021-01653
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
6. Future Project Plans
M. Harrell, P. Butler
Carolina Ecosystems
PJD Submitted July 30, 2021
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, culvert replacement.
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
0
u
Reason (?)
Excavation
2b. Impact type* (?)
P
2c. Type of W.
Bottomland Hardwood Forest
2d. W. name
Bawdy Creek
2e. Forested*
Yes
2f. Type of Jurisdicition *
(?)
Both
2g• Impact
area *
0.030
(acres)
Mechanized Clearing
t
Bottomland Hardwood Forest
t�yreek
Yes
Both
0.030
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.060
2i. Comments:
2g. Total Permanent Wetland Impact
0.060

3. Stream Impacts
F
3a. Reason for impact (?)
3b.lmpact type"
3c. Type of impact"
3d. S. name*
F. Stream Type"
3f. Type of
3g. S. width
3h. Impact
?)
Jurisdiction*
length*
S1
Site 1 Culvert Replacement
Temporary
Dewatering
Bawdy Creek
Perennial
Both
60
89
Average (feel)
(linear feet)
g2
Site 1 Culvert Replacement
Permanent
Bank Stabilization J
Bawdy Creek
Perennial
Both
60
57
Average (feet)
(linear feet)
S3
Site 1 Culvert Replacement
ffmanent]
Culvert
Bawdy Creek
Perennial
Both
60
27
Average (feet)
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts: 3i. Total temporary stream impacts:
84 89
3i. Total stream and ditch impacts:
173
3j. Comments:
6. Buffer Impacts (for DWR)
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
6c. Per or Temp
6d. Stream name
6e. Buffer mitigation required?
6f. Zone 1 impact
6g. Zone 2 impact
Site 1 Road Crossing
P
Bawdy Creek
No
9,424
2,665
6h. Total buffer impacts:
Zone 1 Zone 2
Total Temporary impacts: 0.00 0.00
Zone 1 Zone 2
Total Permanent impacts: 9,424.00 2,665.00
Zone 1 Zone 2
Total combined buffer impacts: 9,424.00 2,665.00
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:
This is a replace in place maintenance project.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
All construction equipment will be staged and operated from upland areas. DOT will also install silt fencing to protect the streams and wetlands adjacent
to the project. Safety fencing will be used to delineate jurisdictional and environmentally sensitive areas from encroachment.
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
0

2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Roadway fill and excavation impacts (0.06 acre) fall below NWP condition threshold of impacts for compensatory mitigation. Also, permanent stream impacts (84 linear feet) regional
condition threshold of impacts/requirement for compensatory mitigation.
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
What type of SCM are you providing?
Level Spreader
Vegetated Conveyance (lower SHWT)
Wetland Swale (higher SHWT)
Other SCM that removes minimum 30 % nitrogen
Proposed project will not create concentrated Stormwater flow through the buffer
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? *
Yes No
Comments:
See attached Stormwater Management Plan.
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
Comments: *
CE is available upon request.
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.
This in a replace in place maintenance project.
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
L
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?
USFWS IPAC layers were checked for endangered species. The species listed as potentially affected in the project area are the Tricolored Bat, Red -
cockaded Woodpecker, Neuse River Waterdog, Carolina Madtom, Atlantic Pigtoe and Tar River Spinymussel.
Tricolored Bat
On September 14, 2022, the U.S. Fish and Wildlife Service announced a
proposal to list the tricolored bat (Perimyotis subflavus - PESU) as endangered under
the Endangered Species Act. Given the proposal to list PESU as Federally Endangered,
NCDOT and its federal partners, FHWA and USACE are initiating a conference
programmatic consultation to address impacts to this species. USFWS has not
provided an official effective listing date, but it is anticipated to occur in the second
half of 2023. Upon listing, USFWS is expected to provide habitat descriptions and an
area of influence/distribution range for PESU. When this information is provided, it
will help to inform NCDOT's determinations on habitat that could be impacted by
NCDOT actions.
Red -cockaded Woodpecker
Surveys for RCW foraging and nesting habitat were conducted June 02, 2021.
Pine stands in the project area were too young to provide adequate forage habitat
for RCW (approximately 10 years old). Due to the lack of forage and nesting
habitat in the study area, the BC for this species is No Effect. A review of the
NCNHP records, accessed July 28, 2021 indicates no known occurrences within
1.0 mile of the study area.
Neuse River Waterdog & Carolina Madtom
Proximity of the project area to ISR's was evaluated, the project area is —3.5 stream miles from a known ISR. Thus, the biological conclusion is MA-
NLAA per PBO guidance.
Atlantic Pigtoe & Tar River Spinymussel
Proximity of the project area to ISR's was evaluated, the project area is —8 stream miles from a known ISR. Thus, the biological conclusion is MA-NIAA
per PBO guidance.
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 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? *
Project area was screened using standard NCDOT protocols by a NCDOT Architectural Historian and a NCDOT Archaeologist. No Survey Required.
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:
This project was evaluated under the standard NCDOT FEMA MOA requirements for no impacts to 100 year flood plain.
8c. What source(s) did you use to make the floodplain determination?
NCDOT Hydraulics MOA. NCFRIS.
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
17BPA.R.122_NoArchSurveyReq.pdf
1.12MB
17BR4.R.122_NoHistArchSurveyReq.pdf
263.59KB
BP4.R011 Maps.pdf
647.71K13
BP4.R011_HYD_SMPv3.01_20230217.pdf
186.62KB
BP4.R011_Permit Drawings_20230217.pdf
1.53MB
BP4.R011_Permit Drawings_BUFFER_20230217.pdf
727.82KB
File must be PDF or KMZ
Comments
Signature

p 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:
Garry Wright
Signature
Date
3/20/2023