20240125 Ver 1_ePCN Application_20240117

DWR
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.
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# *
20240125 1
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Washington Regional Office - [phone]
Information for Initial Review
la. Name of project:
East Rose Street Basin Restoration and Pump Station Rehabilitation
1a. Who is the Primary Contact?*
George Chiles, Director of Public Works
1b. Primary Contact Email: *
[e-mail]
Date Submitted
1 /17/2024
Nearest Body of Water
Unnamed Tributary of Jack Smith Creek
Basin
Neuse
Water Classification
C;Sw;NWS
Site Coordinates
Latitude: Longitude:
35.119873-77.060127
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Craven
Is this a NCDMS Project
Yes No
What amount is owed?*
$240.00
$323.00
Select Project Reviewer*
Robert Tankard:robert.tankard
1c. Primary Contact Phone:*
[phone]
$570.00
$767.00
O
Is this project a public transportation project?*
Yes No

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.'
11 /2/2023
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: 58 - Utility Line Activities for Water and Other Substances (frequently used)
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
401 Water Quality Certification - Express
Riparian Buffer Authorization
1e. 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
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:
City of New Bern
2b. Deed book and page no.:
1713 0937
2c. Contact Person:
George Chiles, Director of Public Works

2d. Address
Street Address
1004 S. Glenburnie Road
Address Line 2
City
New Bern
Postal / Zip Code
28563
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Kevin Wolfe
4b. Business Name:
TRC
4c.Address
Street Address
4155 Shackleford Rd, Suite 255
Address Line 2
city
Norcross
Postal / Zip Code
30093
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
Duffyfield
1c. Nearest municipality / town:
New Bern
2. Project Identification
2a. Property Identification Number:
8-020-004
2c. Project Address
Street Address
2200 E Rose Street
Address Line 2
city
New Bern
Postal / Zip Code
28562
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Unnamed Tributary of Jack Smith Creek
3b. Water Resources Classification of nearest receiving water:
C;Sw;NWS
3c. What river basin(s) is your project located in?
Neuse
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
GA
Country
USA
4e. Fax Number:
[phone]
2b. Property size:
1
State / Province / Region
NC
Country
USA
Q
i1

3d. Please provide the 12-digit HUC in which the project is located.
030202040401
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:
Channel and stormwater pond are part of the existing stormwater infrastructure reducing flood impacts within the Duffyfield neighborhood of New Bern. The impacted area is surrounded
by residential properties to the south and east. Evergreen Cemetary is located adjacent to the west of the impacted area. To the north is a railroad right-of-way. North of the right-of-way
are residential properties (to the northeast) and an undeveloped forested area (to the northwest).
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:
0.16
4g. List the total estimated linear feet of all existing streams on the property:
252.6
4h. Explain the purpose of the proposed project:
The residential area currently experiences high amounts of flooding. The proposed project will upgrade the existing pump station and increase the size of the current stormwater retention
pond to better mitigate high water events.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
This application includes a request for NWP 43 to authorize 0.028 acre (1,235 ft2) of temporary impact
and 0.004 acre (171 ft2) of permanent impact within Pond 1. During Project construction, the City
intends to excavate an upland parcel adjacent to Pond 1 to expand flood capacity of the system. As
well, the City intends to install two dewatering orifices into the existing pump station wet well. This will
create a permanent impact within Pond 1 for the addition of the orifice piping and inlet protection. A
temporary impact within Pond 1 is also shown due to temporary dewatering, achieved by using coffer
dams and pumps. Construction plans for the basin enhancement and restoration are included in
Appendix B-1, and plans for the pump station rehabilitation are included in Appendix B-2. Both sets
of plans include impact markups for all proposed temporary and permanent impacts to Pond 1.
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-2023-02172
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Peter Kienzler
Agency/Consultant Company:
Other:
6. Future Project Plans
6a. Is this a phased project?*
Yes
TRC Environmental Corporation
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?
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
5. Pond or Lake Construction
5a. Pond ID number 5b. Proposed use or purpose of 5c. Wetland
pond impacts
(acres)
Flooded Filled
Buffers
5d. Stream
impacts (feet)
Excavated Flooded Filled Excavated
5e. Upland
(acres)

P1 Stormwater
P2
0 0 0 0 0 0 0.194
5g. Comments
5h. Is a dam high hazard permit required?
Yes No
If yes, permit ID no:
5i. Expected pond surface area (acres):
5k. Method of construction:
6. Buffer Impacts (for DWR)
6a. Project is in which protect basin(s)?
Check all that apply.
Neuse
Catawba
Goose Creek
Other
5f. Total:0 0 0 0 0 0 0.194
5j. Size of pond watershed (acres):
Tar -Pamlico
Randleman
Jordan Lake
6b. Impact Type
6c. Per or Temp
6d. Stream name
6e. Buffer mitigation required?
6f. Zone 1 impact
6g. Zone 2 impact
pond expansion
P
Pond 1
No
3,412 1
1,764
pump station rehabilitation
T
Pond 1
No
2,070
1,987
6h. Total buffer impacts:
Zone 1 Zone 2
Total Temporary impacts: 2,070.00 1,987.00
Zone 1 Zone 2
Total Permanent impacts: 3,412.00 1,764.00
Zone 1 Zone 2
Total combined buffer impacts: 5,482.00 3,751.00
6i. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The nature of the Project requires that the replacement of existing stormwater infrastructure be conducted within aquatic resources. Excavation of the
existing pond bank for stormwater pond expansion from the bank itself was considered. However, the potential for incidental discharge of sediment into
the pond downstream waters is greatly reduced through the use of a temporary coffer dam to allow excavation of the bank from within the dewatered
pond in dry conditions. Once the excavation is complete, pre -construction conditions and contours within the pond will be restored.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The Project proposes to dewater the existing portion of pond through the installation of coffer dams driven into pond sediments, and water will be
pumped from the dewatered area to the adjacent pond. The use of coffer dams is common in temporary dewatering activities because it allows for
thorough dewatering and does not result in permanent changes to area hydrology.
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:
Project -related impacts are beneath the regulatory threshold 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
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
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 funded by the City of New Bern
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.
The Project is intended to increase flood flow capacity and is not anticipated to result, either directly or indirectly, with additional future development or
other indirect and cumulative effects.
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
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.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes No
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?
Most recent IPaC dated July 27, 2023. Pedestrian habitat assessment of the 1-acre surveyed area was conducted on February 15, 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 Fisheries Essential Fish Habitat Mapper, South Atlantic Region (https://www.habitat.noaa.gov/apps/efhmapper/)
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?"
North Carolina Historic Preservation Office, National Register of Historic Places, National Park Service Historic Records, USGS historic topographic
maps, and local cemetery records. Historic records review conducted by TRC Archeologist on July 27, 2023.
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:
Project is part of an existing stormwater management system. The sole purpose of this project is to reduce flood water impacts within the City of New
Bern.
8c. What source(s) did you use to make the floodplain determination?"
FEMA National Flood Hazard Layer (NFHL) Viewer
Miscellaneous
O
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
CityofNewBern_ERose_NWP_2024.01.17.pdf 21.88MB
2024010_Provisional Notification_ SAW-2023-02172.pdf 185.78KB
File must be PDF or KMZ
Comments
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.
• 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:
Kevin Dion Wolfe

Signature
Date
1/17/2024