20240254 Ver 1_ePCN Application_20240109

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.
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# *
20240254 1
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:
CSX Transportation (CSXT) Wilmington Bridge Renewal Project - Curve Realignment R MP SE 362.50 Upgrade
1a. Who is the Primary Contact?*
NCDOT (Anamika Laad)
1b. Primary Contact Email: * 1c. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
1/9/2024
Nearest Body of Water
Curve Realignment = Smith Creek - Roadbed Widening = Northeast Cape Fear River
Basin
Cape Fear
Water Classification
sC-sw
Site Coordinates
Latitude: Longitude:
Curve Realignment = 34.250582' - Roadbed Widening = Curve Realignment =-77.935590' - Roadbed Widening =
34.260050°-77.9599030
A. Processing Information O
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
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:
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
201902350 - Work associated with bridge construction, widening, replacement, and
interchanges
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:
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:*
[e-mail]
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:
O

2. Project Identification
2a. Property Identification Number:
2b. Property size:
2c. Project Address
Street Address
Curve Realignment = Between King and McRae Streets - Roadbed Widening = Off US 421 on Eagle Island
Address Line 2
City
Wilmington
Postal / Zip Code
28401
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
Curve Realignment = Smith Creek - Roadbed Widening = Northeast Cape Fear River
3b. Water Resources Classification of nearest receiving water:"
SC -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
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: *
Curve Realignment
Existing conditions at the curve realignment site include the railroad bed. The area surrounding the curve realignment location is forested, with pockets of wetlands. A residential
neighborhood is located to the northeast of the project area. A school and police station are located to the west of the project area. The project area is located approximately 1,250' to the
south of Smith Creek.
Roadbed Widening
Existing conditions at the roadbed widening site include the railroad bed. The area surrounding the roadbed widening location is largely undeveloped, with US 421 located to the east of
the project area. The project area is located approximately 3,000' to the west of the Northeast Cape Fear River, approximately 4,500' to the north of the Cape Fear River, and
approximately 13,000' to the north of the USACE Eagle Island spoil disposal cells.
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:
+/-200 linear feet
4h. Explain the purpose of the proposed project:
The CSX Transportation (CSXT) Wilmington Curve Realignment Project involves the construction of a new mainline track to allow for a mainline speed increase to 25 mph between MP
ACB 243.8 and MP ACB 244.3. Additionally, this project includes the installation of a signal and widening of an access road at approximately MP SE 362.5.

4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
Curve Realignment
The curve realignment portion of the proposed project involves construction of approximately 2,488' of a new section of track between Station -5+00 and Station +19+88 (as shown on
attached workplan drawings). Associated with the new section of track, two 36" x 42" RCP culverts will be constructed near Station -5+00 (near McRae Street) on the west side of the
project, and a 42" RCP culvert, along with a with a rock pipe inlet protection (RPIP) structure, will be constructed near Station +5+40 (near King Street). Additionally, the project also
includes the construction of a 400' x 100' stockpile area and a 50' x 100' staging area, both located in upland (non -wetland) areas. The two culverts located near McRae Street will facilitate
the construction of an entrance road. The culvert located near Station +5+40 will be for the purposes of hydrologic exchange from one side of the rail bed to the other.
The existing main rail line will remain between Stations 5509+24 and 5499+00 (See Drawing EC 07). A portion of the maintenance of this section of track that is to remain, resulting in the
replacement of 97 linear feet of track near Station 5499+00. This section of replaced track, which will be all on high ground and will involve no ground disturbing activities. An additional
1,418 linear feet of track will be retired, again with no ground disturbing activities.
Impacts
Wetlands and Stream Impacts- Permanent
The proposed curve realignment portion of the project will involve permanent impacts to 0.04 acres of non -coastal
wetlands associated with the new rail bed in the vicinity of Station +5+00. There will also be stream impacts of 76
linear feet and 93 linear feet, both necessitated by the placement of the two 26" x 42" RCP culverts at the west side of
the project associated with the construction of the entrance/exit road.
Wetlands - Temporary
The proposed curve realignment portion of the project will involve temporary impacts to 0.01 acres of non -coastal
wetlands associated with the new rail bed in the vicinity of Station +5+00.
Roadbed Widening and New Signal House
The roadbed widening portion of the project involves the widening of an existing roadbed by 10' for a distance of approximately 890 linear feet immediately west of US 421, as well as the
construction of a new signal house and signal. The purpose of the proposed widening is to allow for greater operational and maintenance access to the new signal house.
Impacts
Wetlands - Permanent
The proposed road widening and new signal house will involve permanent impact to 0.04 acres of non -coastal wetland
associated with the construction of the new signal house. The signal house is being placed as close as possible to the
existing roadbed to minimize wetland impacts. There will not be any permanent stream impacts associated with this
phase of the project.
Wetlands - Temporary
The proposed road widening and new signal house will involve temporary impacts to 0.01 acres of non -coastal
wetlands associated with the widened access road, and 0.01 acres of non -coastal wetlands associated with the
construction of the new signal house, for a total of 0.02 acres of temporary wetland impact.
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:
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
Open Waters Pond Construction
2. Wetland Impacts
Buffers
2a1 Reason (?)
2b. Impact type * (?)
2c. Type of W. *
2d. W. name
2e. Forested" ��2f.
Type of.lurisdicition *
(?)
2g• Impact
area
Station +5+00
New Railbed @ Curve
t
Bottomland Hardwood Forest
Station +5+00
Yes
Both
0.040
Realignment
(acres)
Station +5+00
New Railbed @ Curve
T
Bottomland Hardwood Forest
Station +5+00
Yes
Both
0.010
Realignment
(acres)
Road Widening
Road Widening
P
Estuarine Woody Wetland 7T
oad Widening 1s_Jf-th
1�1_
2g. Total Temporary Wetland Impact
0.010
2g. Total Wetland Impact
0.090
2i. Comments:
Temporary impact wetland areas allowed to naturally revegetate following project completion.
3. Stream Impacts
2g. Total Permanent Wetland Impact
0.080
❑
S1
3a. Reason for impact (?)
construction of entrance/exit
road.
3b.lmpact type "
Permanent
3c. Type of impact*
Culvert
3d. S. name *
unknown
3e. Stream Type*
(?)
Intermittent
3f. Type of
Jurisdiction*
Both
3g. S. width
Average (feet)
3h. Impact
length*
76
(linear feet)
fl
construction of entrance/exit
road.
Permanent
Culvert
unknown
Intermittent
Both
Aveage (feet)
93
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts:
169
31. Total stream and ditch impacts:
169
3j. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
31. Total temporary stream impacts:
0
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Project was designed to allow for rail upgrades without the need for either on -site or
off -site detours. The road widening and new signal house have been located as closely as possible to the existing rail bed to minimize impacts. All
temporary wetland impacts will be allowed to naturally revegetate following project completion.
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 project construction:
- The curve realignment section of the project has been designed to minimize impacts to wetlands
and waters by crossing these areas at their narrowest points.
- The proposed road widening will be located as close as possible to the existing access roadbed to
minimize wetland impacts.
- Wetland impacts associated with the proposed new signal house will be the minimum necessary to
allow for construction of the signal house.
- All wetlands temporarily impacted by project construction will be allowed to naturally re -vegetate
following project construction.
Staging and stockpile areas have been located outside of wetlands.
- Sedimentation and erosion control measures will be implemented to ensure that project -related
sedimentation does not run off into adjacent wetlands or waters.
10
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 only involves a total of 0.08 acres of permeant wetland impacts and 169 linear feet of stream impacts. These impacts are considered minimal, and should not raise to the level
of requiring 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
If no, explain why:
This proposed project areas are located 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.
The proposed project involves maintenance and improvements of an existing railroad. 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
5d. Is another Federal agency involved?*
Yes No Unknown
L
r�

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 early 2024.
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. Additionally, NCDOT coordinated with the State Historic Preservation Office, who
determined that no archaeological survey was required for this project.
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:
The Curve Realignment area is not located within a 100-year floodplain.
The Roadbed Widening area is in an area classified as 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
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
Appendix A - NCDOT-CSX Pre -Filing Confirmation. pdf 701.53KB
NCDOT-CSX Wilmington Rail Curve Realignment - Culvert Detail.pdf 174.08KB
NCDOT-CSX Wilmington Rail Curve Realignment - USACE Permit Drawing Set.pdf 3.84MB
NCDOT-CSX Curve Realignment Permit Application Narrative 1-9-2024.pdf 1.18MB
File must be PDF or KMZ
Comments
- The NC Division of Coastal Management has determined that the proposed project areas do not fall within an area subject to
Coastal Area Management Act (CAMA) permit jurisdiction.
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 ACV');
• 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
O

Signature
Date
1/9/2024