20240129 Ver 1_ePCN Application_20240118

DW R
DHlsloo 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# *
20240129 1
Is a payment required for this project?*
No payment required
What amount is owed?*
Fee received
$240.00 $570.00
Fee needed - send electronic notification
$323.00 $767.00
Reviewing Office*
Select Project Reviewer*
Wilmington Regional Office - [phone]
Holley Snider: Holley.Snider
Information for Initial Review
la. Name of project:
AR-372 Enhancement
la. Who is the Primary Contact?*
Jordan Byrum
1b. Primary Contact Email:* 1c. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
1 /18/2024
Nearest Body of Water
Onslow Bay, Atlantic Ocean
Basin
White Oak
Water Classification
SC:#
Site Coordinates
Latitude: Longitude:
34.104917-77.748617
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
New Hanover
Is this a NCDMS Project
Yes No
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
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: 198500194 - Artificial Reefs
RGP Numbers (for multiple RGPS):
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)
1e. Is there an Agent/Consultant for this project?
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
INC Division of Marine Fisheries
2b. Deed book and page no.:
2c. Contact Person:
2d.Address
Street Address
3441 Arendell Street
Address Line 2
City
Morehead City
Postal / Zip Code
28557
State / Province / Region
NC
Country
USA
Yes No
Yes No

2e. Telephone Number:
[phone]
2g. Email Address:"
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Jordan Byrum
3b. Business Name:
NC Division of Marine Fisheries
3c.Address
Street Address
3441 Arendell Street
Address Line 2
city
Morehead City
Postal / Zip Code
28557
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:
Wrightsville Beach
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:"
Onslow Bay, Atlantic Ocean
3b. Water Resources Classification of nearest receiving water:"
SC:#
3c. What river basin(s) is your project located in?"
White Oak
3d. Please provide the 12-digit HUC in which the project is located.
030203020503
4. Project Description and History
2f. Fax Number:
State / Province / Region
NC
Country
USA
3e. Fax Number:
2b. Property size:
162.27
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: *
AR-372 is located at 34.104917° N, 77.748617° W which is approximately 5.3 nm northeast of the Carolina Beach Inlet sea buoy, or 4.8 nm southeast of the Masonboro Inlet sea buoy.
The reef site is defined by a 1500 ft. radius circular boundary, encompassing a total area of 162.27 acres. Site depth is 48 feet. and has a charted minimum vertical clearance of 15 feet.
Surveys revealed no existing shell resource or natural hardbottom within the reef boundary. Existing materials already on AR-372 include barges, reef balls, concrete pipe, and Atlantic
pods.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?
Yes No Unknown
O

If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000).
SAW-2014-00567
4f. List the total estimated acreage of all existing wetlands on the property:
0
4g. List the total estimated linear feet of all existing streams on the property:
0
4h. Explain the purpose of the proposed project: *
The Division of Marine Fisheries is partnering with a non-profit, Eternal Reefs, to deploy prefabricated concrete reef balls containing the cremated remains of individuals. The ashes will be
sealed inside a capsule, which will be encased in the concrete used to construct the reef balls. The reef balls will deployed at AR-372 to provide hardbottom habitat and fishing and diving
opportunities.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
NCDMF and its partner plan to use reef balls for this project. These are prefabricated concrete structures, which have been used successfully at dozens of reef sites in North Carolina.
These structures meet the specifications outlined in the Section 7 consultation issued on 10/18/19 by the National Marine Fisheries Service. These prefabricated units weigh approximately
1000 Ibs each and are consistent with NCDMF guidelines for acceptable artificial reef materials.
Once constructed and cured, reef balls will be loaded on a barge or other suitable vessel, transported to the reef site, and deployed using a forklift or vessel -mounted equipment.
During construction, NCDMF staff will serve as observers to ensure proper permit and building compliance.
When time allows, staff will survey the sites with bathymetric mapping equipment, as an update to the Artificial Reef program's artificial reef guide and habitat records. Staff will also
perform SCUBA surveys on reef sites to observe material condition, as time allows. The Artificial Reef program also employs an online survey for recreational users to provide feedback on
Artificial Reefs through its website, including these sites. Further, artificial reefs are included in MRIP survey questionnaires, which can offer valuable biological information.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No O Unknown
Comments:
N/A
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):
Agency/Consultant Company:
Other:
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?
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
4. Open Water Impacts
4a. Site #
4a1. Impact Reason
4b. Impact type
4c. Name of waterbody
4d. Activity type :114e.
Waterbody type
4f. Impact area
deployment of reef
material
P
Onslow Bay, Atlantic Ocean
Fill
Ocean
15.49
4g. Total temporary open water Impacts: 4g. Total permanent open water impacts:
0.00 15.49
4g. Total open water impacts:
15.49
4h. 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:
N/A
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
N/A
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 project is creating hardbottom habitat, which is designated as EFH (essential fish habitat).
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 project will occur in open water.
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
3. Stormwater Requirements
3a. Select whether a completed stormwater management plan (SMP) is included for review and approval or if calculations are provided to document the project will not cause degradation of
downstream surface waters.*
Stormwater Management Plan Antidegradation Calculations
Comments:
N/A - no stormwater management plan is included, but the selection was required for submittal.
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:*
Artificial reef projects are exempt from SEPA requirements.
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.
Reef materials are free from environmental contaminants and will not impact 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
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.?
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
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 NMFS biological opinion dated 10/18/19.
6. Essential Fish Habitat (Corps Requirement)
Ga. Will this project occur in or near an area designated as an Essential Fish Habitat?
Yes No
Are there submerged aquatic vegetation (SAV) around the project vicinity? *
Yes No Unknown
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?
This project will occur inside an artificial reef, which is designated as EFH.
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?
The project is within the boundaries of an established artificial reef site.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
Yes No
8c. What source(s) did you use to make the floodplain determination?
It is located in open water.
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
Narrative_AR372.pdf 3.71 MB
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:
Jordan Scott Byrum
Signature
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Date
1/18/2024