20210695 Ver 2_ePCN Application_20231201

DW R
Division of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
October 2, 2023 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:
1/19/2023
Does this project involve maintenance dredging funded by the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund or involve the distribution or transmission of energy or
fuel, including natural gas, diesel, petroleum, or electricity?
Yes No
BIMS # Assigned *
Version# *
20210695
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:garcy.ward
Information for Initial Review
la. Name of project:
NCDOT-CSX Wilmington Bridge Renewal Project (MP ACB 244.42) Burnt Mill Creek Bridge Replacement
1a. Who is the Primary Contact?*
NCDOT (Anamika Laad)
1b. Primary Contact Email: * 1c. Primary Contact Phone: *
[e-mail] [phone]
Date Submitted
12/1/2023
Nearest Body of Water
Burnt Mill Creek
Basin
Cape Fear
Water Classification
C:SW
Site Coordinates
...............
Latitude: Longitude:
34.250088-77.931240
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
New Hanover
`I
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:
P-5740
WBS # (1)
48156.1.1
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
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
Regional General Permit (RGP) Number: Other
RGP Numbers (for multiple RGPS):
201902350
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:
401 Water Quality Certification - Express
Riparian Buffer Authorization
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
1i. 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.C. Department of Transportation
2b. Deed book and page no.:
Yes No
Yes No

2c. Contact Person:
Anamika Laad
2d.Address
Street Address
1 South Wilmington Street
Address Line 2
city
Raleigh
Postal / Zip Code
27699-1553
2e. Telephone Number:
[phone]
2g. Email Address:*
alaad@ncdotgov
3. Applicant Information (if different from owner)
3a. Name:
N.C. Department of Transportation
3b. Business Name:
N/A
3c.Address
Street Address
1 South Wilmington Street
Address Line 2
city
Raleigh
Postal / Zip Code
27699-1553
3d. Telephone Number:
[phone]
3f. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Doug Huggett
4b. Business Name:
Moffatt and Nichol
4c.Address
Street Address
305 Commerce Avenue, Suite 201
Address Line 2
city
Morehead City
Postal / Zip Code
28557
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
N/A
1c. Nearest municipality / town:
Wilmington
State / Province / Region
NC
Country
USA
2f. Fax Number:
[phone]
State / Province / Region
NC
Country
USA
3e. Fax Number:
[phone]
State / Province / Region
NC
Country
USA
4e. Fax Number:

2. Project Identification
2a. Property Identification Number:
2c. Project Address
Street Address
Railroad Steel
Address Line 2
City
Wilmington
Postal / Zip Code
28401
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
2b. Property size:
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: *
Existing conditions on the site include the railroad bed and railroad bridge. The northwest quadrant of the bridge site abuts Archie Blue Park. The northeast, southwest and southeast
quadrants are currently undeveloped and consist of a combination of lawn grasses, trees, coastal and non -coastal wetlands.
Recreational boating access of Burnt Mill Creek in this location is already limited by an existing flood gate/water control structure +/- 330' downstream of the existing bridge, a sewer/water
utility line crossing the creek +/- 50' downstream of the existing bridge, and a sewer/water utility line crossing the creek +/- 50' upstream 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
4f. List the total estimated acreage of all existing wetlands on the property:
< 1 Acre
4g. List the total estimated linear feet of all existing streams on the property:
N/A
4h. Explain the purpose of the proposed project:"
The purpose of the proposed Burnt Mill Creek bridge replacement is to allow for a mainline speed increase to 25 mph between MP ACB 243.8 and MP ACB 244.3. Additionally, this project
includes upgrading the bridge access road off Railroad Street. The replacement of the Burnt Mill Creek bridge is necessary due to the condition of the existing bridge being such that
superstructure rehabilitation is not deemed adequate.

4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The proposed project involves removal of the existing bridge over Burnt Mill Creek near Archie Blue Park, and the construction of a new bridge in the same general footprint. Additionally,
the project also includes upgrading the adjacent bridge access road off Railroad Street.
The existing bridge is 90' long and 19' wide. Supporting the existing bridge are 8 bents and 48 timber piles, with a height over the normal water level of Burnt Mill Creek of 12'
For removal of the existing bridge, standard construction equipment such as cranes, dump trucks, and loaders will be utilized. Access to the site will be by way of a 580' by 15' access road
leading from the end of existing Railroad Street towards the creek. Additionally, a 20' x 120' construction and staging storage area is proposed in the northwest quadrant of the bridge. Two
potential storage areas are also proposed, one on the southwest quadrant of the bridge, and one in the northeast quadrant. Both potential storage areas are 20' x 100' in size.
Material resulting from the demolition of the existing bridge will be loaded into trucks and taken to an approved offsite area for disposal.
The new bridge over Burnt Mill Creek will be 80' in length (face of proposed backwall to face of proposed back wall). The new bridge will have a height over the normal water level of Burnt
Mill Creek of 10'. The foundation will consist of one precast 4-foot intermediate (in -water) bent with two (2) 36" reinforced concrete filled steel pipe piles, both located landward of the edge
of the Creek. Riprap will be placed along each of the banks of creek but will not extend below the normal water line.
Impacts
Wetlands - Permanent
The proposed project will not result in any permanent impacts to wetlands, including coastal wetlands.
Wetlands - Temporary
The proposed project will involve temporary impacts at two separate sites:
Temporary Impact Area 1 — This site, which is located in the northwest quadrant of the bridge within the
area of the access road and construction access and staging area, involves temporary impacts to 0.086
acres (3,730sf) of coastal wetland habitat. All fill associated with this temporary impact area will be
removed immediately following project completion, and the wetland area allowed to naturally revegetate.
Temporary Impact Area 2 — This site, located in the northeast quadrant of the bridge within the area of a
potential storage area, involves temporary impacts to 0.0002 acres (+/- 10sf) of non -coastal wetland
habitat. All fill associated with this temporary impact area will be removed immediately following project
completion, and the wetland area allowed to naturally revegetate.
Navigation
Recreational boating access of Burnt Mill Creek in this location is already limited an existing flood gate/water control structure +/- 330' downstream of the existing bridge (see Photo 1), a
sewer/water line crossing the creek +/- 50' downstream of the existing bridge, and a sewer water line crossing the creek +/- 50' upstream of the existing bridge (see Photos 2 and 3).
Pilings associated with the existing bridge structure also create an impediment to navigational usage. While the new bridge structure will reduce navigational impediments associated with
bridge pilings, the other existing impediments will remain. It should also be noted that the Division of Coastal Management has indicated (by way of an April 25, 2023 email) that the portion
of Burnt Mill Creek upstream of the flood gate/water control structure is not classified as a Public Trust Area pursuant to the rules of the Coastal Resources Commission. Therefore, it is not
anticipated that the proposed project will have any discernible impact on navigation of Burnt Mill Creek at this location.
Access and Staging Plan
The need for the staging area on the south side of the bridge that is shown in the attached permit drawings is necessary to accommodate the needed construction equipment in vicinity to
the bridge. The accelerated bridge construction process requires more material staging areas than traditional bridge building due to the space required to store prefabricated bridge and
track materials on -site. Additionally, multiple pieces of equipment will be on -site during portions of the bridge replacement, requiring staging areas on both sides of Burnt Mill Creek. Since
both the equipment and the materials need to be in close proximity to the bridge, unavoidable temporary wetland impacts associated with staging areas will occur as a result.
Both electric power lines and sewer/water infrastructure pipes exist within and immediately adjacent to the proposed project site. The contractor for this project will be responsible for
coordinating with the appropriate utility line owner(s) prior to the initiation of any proposed staging and construction activities to ensure that damage or impact to these lines is avoided.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes
Comments:
Axiom Environmental
No
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-2020-002390
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Scott Davis
Agency/Consultant Company: Axiom Environmental
Other:
O Unknown
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
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?
N/A
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
1
temporary access road
and staging/storage
area
T
Salt/Brackish Marsh
Site 1
No
Both
0.086
(acres)
F-7]
temporary storage area
T
SalUBrackish Marsh
Site 2
Yes
Both
0.001
(acres)
2g. Total Temporary Wetland Impact
0.087
2g. Total Wetland Impact
0.087
2g. Total Permanent Wetland Impact
0.000
2i. Comments:
All impacts are temporary. All fill associated with these temporary impact areas will be removed immediately following project completion, and the
wetland areas allowed to naturally revegetate.
4. Open Water Impacts
4a. Site #
4a1. Impact Reason 714b.
Impact type
4c. Name of waterbody
4d. Activity type �114a.
Waterbody type
4f. Impact area
Bridge
Shading
P
Burnt Mill Creek
Bridge
_11
Tributary
0.03
4g. Total temporary open water Impacts:
0.00
4g. Total open water impacts:
0.03
4h. Comments:
All open water impacts are the result of shading by bridge.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
4g. Total permanent open water impacts:
0.03
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Project was designed to replace existing bridge in same location, without the need for either an on -site or off -site detour. New bridge design eliminates
navigational obstructions under the bridge. All wetland impacts will be temporary in nature.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The following avoidance and minimization efforts will be implemented during both the demolition of the damaged bridge and construction of the
replacement structure:
- The damaged timber piles will be cut a minimum of 1' below the mudline with the work performed in
phases to minimize the disruption to the flow of Burnt Mill Creek.
- No large-scale cofferdams or pump-arounds will be required for this activity.
A temporary method to allow work in the dry (such as sandbags) will be used when cutting existing
piles and driving new piles to reduce the amount of in -water impact.
- The foundation will consist of one precast 4-foot intermediate bent with two (2) 36" reinforced
concrete filled steel pipe piles compared to the existing structure that has 8 bents and 48 timber
piles.
- The use of prefabricated components (i.e., steel girders, precast abutments, precast bents) will
eliminate the need for formwork and falsework over the creek, and will facilitate an accelerated
construction schedule, thereby allowing for shorter duration of stream/wetland impacts.
- To ensure that eroded material does not enter adjacent wetlands or waters, silt fencing will be
utilized in association with the access road, the construction staging and storage area, and
potential storage areas.
- A temporary absorbent boom will be placed +/- 50 downstream of the bridge.
O

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:
The only wetland impacts associated with this project are temporary, and all temporary impact areas will be allowed to recover naturally following project completion.
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
If no, explain why:
This section of Burnt Mill Creek, within the Cape Fear River Basin, is not within a riparian buffer identified within one of the NC Riparian Buffer Projection Rules.
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
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: *
Project P-5740 was processed as an FRA Categorical Exclusion (CE).
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 is replacement of an existing railroad bridge. The proposed activities will not result in any increased rail capacity or other activities that would
lead to increased development that could impact downstream water quality.
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
L
5d. Is another Federal agency involved?*
Yes No Unknown

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?
The USFWS Interactive Planning and Consultation (IPaC) tool and NOAA Fisheries website were consulted to identified potential species and habitats.
Areas of suitable habitat were surveyed for protected species in 2021. Additional surveys are anticipated in late 2023.
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? *
NC Historic Preservation Office web viewer identified the railroad as a part of the "Seaboard Air Line Railway/Atlantic Coast Railroad District". Because
proposed project involves maintenance of existing facilities, no adverse impacts to the Historic District will occur.
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:
Burnt Mill creek in this area has Zone AE floodplain with elevation of 9'.
8c. What source(s) did you use to make the floodplain determination?*
National Flood Hazard mapping site.
Miscellaneous
l�
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
12-1-2023 NCDOT-CSX Burnt Mill Creek LACE Permit Application Narrative.pdf 894.13KB
NCDOT-CSX Burnt Mill Creek - Drawings.pdf 1.17MB
Appendix A - NCDOT-CSX Pre -Filing Confirmation. pdf 701.53KB
File must be PDF or KMZ
Comments
- CAMA Major Permit also has been applied for.
- Please see attached Project Narrative and Project Drawings for additional details on the proposed project.
- Please see attached the following appendices
Appendix A NCDWR Pre -Filing Notification Confirmation
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:
ANAMIKA LAAD
Signature
AhAftZkA LARD
Date
12/1/2023
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