20240361 Ver 1_ePCN Application_20240304

i 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# *
20240361 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:
Structure Replacement of Trinitie Trail Culvert
1a. Who is the Primary Contact?*
Town of Southern Shores; ATTN: David Bradley
1b. Primary Contact Email: *
[e-mail]
Date Submitted
3/4/2024
Nearest Body of Water
Jean Guite Creek
Basin
Pasquotank
Water Classification
SC
Site Coordinates
Latitude:
36.105156
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Dare
Is this a NCDMS Project
Yes No
Longitude:
-75.726516
What amount is owed?*
$240.00
$323.00
Select Project Reviewer*
Garcy Ward:garcy.ward
1c. Primary Contact Phone:*
[phone]
$570.00
$767.00
O
Is this project a public transportation project?*
Yes No

Is this a NCDOT 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
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
401 Water Quality Certification - Express
Riparian Buffer Authorization
le. 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:
Town of Southern Shores
2b. Deed book and page no.:
2c. Contact Person:
David Bradley

2d. Address
Street Address
5375 N. Virginia Dare Trail
Address Line 2
City
Southern Shores
Postal / Zip Code
27949
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Emma Radford, WPIT, CA
4b. Business Name:
Kimley-Horn
4c.Address
Street Address
421 Fayetteville Street
Address Line 2
Suite 600
city
Raleigh
Postal / Zip Code
27601
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Southern Shores
2. Project Identification
2a. Property Identification Number:
N/A (Linear Transportation Project)
2c. Project Address
Street Address
N/A (Linear Transportation Project)
Address Line 2
city
Postal / Zip Code
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Jean Guite Creek
3b. Water Resources Classification of nearest receiving water:
SC
3c. What river basin(s) is your project located it *
Pasquotank
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
2b. Property size:
1.51
State / Province / Region
Country
a

3d. Please provide the 12-digit HUC in which the project is located.
030102051306
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:
The site is primarily comprised of existing roadway and road right -of way along Trinite Trail in Southern Shores, Dare County, NC. The Canvas Back Canal is an unnamed tributary of Jean
Guite Creek flowing through the project study area, with tidal influence and a mean tidal range of 3.22 feet (NOAA Tides and Currents: Duck, NC - Station ID: 8651370). Two residential
driveways intersect the project study area. The project vicinity is primarily composed of single-family residential homesites.
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
4g. List the total estimated linear feet of all existing streams on the property:
101 LF ; (0.04 acres)
4h. Explain the purpose of the proposed project:
The purpose of the project is to remove the existing aluminum pipe arch culvert and place a prestressed concrete cored slab over Canvas Back Canal along Trinitie Trail in Southern
Shores, NC.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The project proposes to remove the existing aluminum pipe arch culvert and place an approximately 31' long and 33' wide prestressed concrete cored slab bridge over Canvas Back Canal
along Trinitie Trail in Southern Shores, NC. The culvert has experienced significant settlement on its sides leading to an uneven roadway surface that is prone to pending water during rain
events. Additionally, the current vertical grade of the roadway does not meet current design standards for safe stopping sight distance, leading to an unsafe "blind" crest going over the
structure.
To improve safety at this crossing, the project is proposing a follow-up replacement of the existing structure at its current location to meet NCDOT specifications and standard. While the
project is early in the design phase, it is anticipated that widening the opening approximately 4 feet and lowering the culvert opening between 2-4 feet would allow for the roadway design
to accommodate a softened, safe vertical curve to essentially remove the current blind curve and ultimately improve the safety at this crossing of Canvas Back Canal. The current culvert
structure does not have navigation lighting and does not support significant nighttime navigation. The bridge plans do not propose to install bridge lighting on the new structure, so the
Town of Southern Shores has qualified for a Bridge Lighting Exemption (see attached US Coast Guard Letter, page 2 Item (d)). Typical bridge replacement and road construction
equipment will be used such as excavators, bulldozers, graders, cranes, dump trucks, pavers, and backhoes.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No O Unknown
Comments:
Kimley-Horn staff conducted a stream, wetland, and coastal resource delineation within the project
study area on May 10, 2023 and identified one stream (Canvas Back Canal).
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-2023-01268
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Mackenzie Richards, PWS and Caroline Vinter, WPIT
Agency/Consultant Company: Kimley-Horn
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
A Preliminary Jurisdictional Determination was issued by Mr. Shane Staples of the USACE on October 2, 2023 (SAW-2023-01268).
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
3. Stream Impacts

❑
3a. Reason for impact (?)
3b.lmpact type *
3c. Type of impact"
3d. S. name *
3e. Stream Type *
(?)
3f. Type of
Jurisdiction*
3g. S. width
3h. Impact
length*
S1
Temporary Construction
Access/ Turbidity Curtain
Installation
Permanent
Other
Canvas Back Canal
Perennial
Both
17
average (feet)
91
(linear feet)
S2
Culvert Extraction and
Shoring Placement (P-NNL)
Temporary
Excavation
Canvas Back Canal
Perennial
Both
17
avereye (feeq
91
(iinearfeet)
3i. Total jurisdictional ditch impact in square feet:
31. Total permanent stream impacts:
91
3i. Total stream and ditch impacts:
182
31. Total temporary stream impacts:
91
3j. Comments:
Approximately 0.021 acres (91 LF) of permanent no -net loss (P-NNL) stream impacts will result from driving sheet piles behind the existing pipe arch to
shore the fill behind it, slightly widening the existing channel, and removing the existing culvert for the placement of the proposed prestressed concrete
cored slab. There will be no impacts to the canal floor and the flow will be maintained throughout construction with no disruption to natural tidal ebbs and
flows. Additionally, a total of approximately 0.013 acre (91 LF) of temporary impacts would result from the proposed project due to the temporary
construction access needed to remove the existing culvert and place the proposed new prestressed concrete cored slab within the project corridor.
Temporarily impacted areas will be returned to pre-existing contours upon completion of the project.
P-NNL and temporary impacts are similar in length and different in acreage due to the orientation of the existing culvert.
A turbidity curtain will be installed within Canvas Back Canal prior to initiating construction activities in the corridor to prevent turbid water from leaving
the in -water work area. The Town of Southern Shores seeks to ensure the safe navigability of the canal after the replacement of the culvert with the
bridge, therefore no riprap will be placed within the canal or below the existing edge of water.
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 proposed project has been designed to minimize impacts to jurisdictional features to the greatest extent practicable. Permanent no -net loss stream
impacts will be limited to the thickness of the existing culvert and the driven sheet pile behind the existing pipe arch (approximately 2' of each bank of the
stream). The existing wooden bulkheads surrounding the existing culvert will not be removed or modified as part of this project. The prestressed
concrete cored slab will be placed on the the same alignment as the existing culvert. The Town of Southern Shores seeks to ensure the future safety of
navigability of the canal after the replacement of the culvert with a prestressed concrete cored slab, therefore no riprap will be placed within the canal or
below the existing edge of water. The proposed 33' central span ensures that the entirety of the prestressed concrete cored slab will be located outside
of Canvas Back Canal.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The proposed new prestressed concrete cored slab will be constructed offsite and dropped in place from the banks, minimizing disturbance within the
Canvas Back Canal. Turbidity curtains will be placed in the canal outside of the existing bulkheads to prevent turbid water from leaving the in -water work
area. Where feasible, staging and construction access routes will be located in upland areas throughout the project corridor. Silt fencing will be installed
as part of the standard BMP and in accordance with the erosion control plan sheets. Temporary sediment control measures will be used to reduce
stormwater impacts to receiving waters and minimize runoff from the construction sites.
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:
All permanent stream impacts will result in no net loss of aquatic function and therefore compensatory mitigation is not proposed as part of this permit application.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. 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:
The project is not located within a watershed with protected riparian buffers.
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)?
L
O
Yes No

Comments:
The prestressed concrete cored slab will maintain existing drainage patterns within the project area. No deck drains will be added to the proposed slab structure, however, gutters will be
placed on the ends of the bridge with inlets collecting runoff and discharging via pipe to an energy dissipater. Due to the existing topography within the project study area, the project is
limited to the stormwater options proposed in the project site plans attached.
G. Supplementary Information
1. Environmental Documentation
la. 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: *
The project is funded by local funds from the Town of Southern Shores, however, no funds will be appropriated from the NCDOT or FHWA.
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 is a single and complete project and will not include cumulative impacts.
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
5g(1). If yes, have you inspected the bridge for signs of bat use such as staining, guano, bats, etc.?
Yes No
If you answered "Yes" to 5g(1), did you discover any signs of bat use?
Yes No Unknown
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?
As of January 9, 2024 the US Fish and Wildlife Service (USFWS) Information for Planning and Consulting (IPaC) tool lists the red wolf, the northern
long-eared bat (NLEB), the West Indian Manatee, the eastern black rail, the piping plover, the red -cockaded woodpecker, the rufa red knot, the American
alligator, the green sea tutle, the hawksbill sea turtle, the Kemp's Ridley sea turtle, the leatherback sea turtle, and the logger head sea turtle with
potential to occur within the project vicinity. Kimley-Horn provided project information to the North Carolina Wildlife Resource Commission (NCWRC).
The NCWRC noted that as a Primary Nursery Area, it is recommended that an in water work moratorium of February 15 to September 30 be utilized
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IPaC also lists the tricolored bat (Perimyotis subflavus), a proposed endangered species, and the bald eagle (Haliaeetus leucocephalus), which is
protected under the Bald and Golden Eagle Protection Act, with potential to occur within the project vicinity. A review of the NC Natural Heritage
Program (NCNHP) element occurrence database (updated January 2024) identified no known occurrences of any federally -listed species within the
project study area. However, five occurrences of federally protected species were documented within 1.0-mile of the project study area.
Northern long-eared bat - Potentially suitable habitat for the northern long-eared bat (NLEB) is present within the study area due to the presence of 3-
inch or greater diameter trees and a large culvert structure within the project study area. However, a review of the NCNHP records (updated January
2024) indicates no known occurrences, maternity roosts, or hibernacula in or within 1.0 mile of the project study area. Kimley-Horn reviewed the USFWS
Raleigh Ecological Services Field Office Determination Key (DKey) for the NLEB. Due to the presence of potentially suitable habitat, and potential
hibernacula or roosting sites, but lack of known occurrences within the project vicinity, and the information provided form the USFWS DKey, it is
assumed that the proposed project is consistent with a determination of "may affect, but not likely to adversely affect" the NLEB.
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. If listed, the client will resolve Section 7 prior to construction as appropriate. Construction activities
for this project will not take place until the Town of Southern Shores satisfies Endangered Species Act compliance for PESU.
West Indian manatee - Suitable habitat for the West Indian manatee is present due to the presence of canals (Canvas Back Canal) identified within the
project study area. A review of the NCNHP database records (updated January 2024) indicates that there are no known occurrences of the West Indian
manatee in or within 1.0-mile of the project study area. Due to presence of suitable habitat, the lack of known occurrences within the project study area,
and the moratorium guidance from NCWRC, it has been determined that the proposed project "May Affect, but is Not Likely to Adversely Affect" the
West Indian manatee.
Piping plover - Suitable habitat for the piping plover is not present due to the lack of open dune or beach areas within the project study area. A review of
the NCNHP database records (updated January 2024) indicates that there are no known piping plover occurrences in or within 1.0-mile of the project
study area. The closest known occurrence of piping plover is located approximately 19.7-mile north of the project study area along the Atlantic Ocean
shoreline. Due to the lack of suitable habitat and the lack of known occurrences within the project study area, it has been determined that the proposed
project will have "No Effect" on the piping plover.
Rufa red knot - Suitable habitat for the Rufa red knot is not present due to the lack of sandy, gravel, or cobble beaches, tidal mudflats, salt marshes,
shallow coastal impoundments and lagoons, and peat banks within the project study area. Additionally, a review of the NCNHP database records
(updated January 2024) indicates that there are no known Rufa red knot occurrences in or within 1.0-mile of the project study area. The closest known
occurrence of the rufa red knot is located approximately 110.5-mile southwest of the project study area along the Atlantic Ocean shoreline. Due to the
lack of suitable habitat and the lack of known occurrences, it has been determined that the proposed project will have "No Effect" on the Rufa red knot.
Red -cockaded woodpecker - Suitable habitat for the red -cockaded woodpecker (RCW) is not present due to the lack of mature pine trees identified
within the project study area. Additionally, based on the USACE SLOPES Manual consultation map, the project study area is located within the
Northeastern Coastal Plain, however it is not located within RCW Section 7 Consultation Area. A review of the NCNHP database records (updated
January 2024) indicates that there are no known RCW occurrences in or within 1.0-mile of the project study area. Due to the lack of suitable habitat and
the lack of known occurrences, it has been determined that the proposed project will have "No Effect" on the RCW.
American Alligator - Suitable habitat for the American alligator is present within the Canvas Back Canal within the project study area. A review of the
NCNHP database records (updated January 2024) indicates that there are no known American alligator occurrences in or within 1.0-mile of the project
study area. However, due to the fact that the American alligator is threatened due to similarity of appearance only, a pedestrian survey is not required.
Green sea turtle - Suitable habitat for green sea turtle is present within Canvas Back Canal which flows west to east, perpendicular to the proposed
project. A review of the NCNHP database records (updated January 2024) indicates there are no known occurrences of the green sea turtle within the
project study area, however one known occurrence of the green sea turtle was identified within 1.0 mile of the project study area. Due to the lack of
known occurrences within the project study area and the moratorium guidance from NCWRC, it has been determined that the proposed project "May
Affect, but is Not Likely to Adversely Affect" the green sea turtle.
Hawksbill Sea turtle - Suitable habitat for hawkbill sea turtle is present within Canvas Back Canal which flows west to east, perpendicular to the
proposed project. A review of the NCNHP database records (updated January 2024) indicates there are no known occurrences of the hawkbill sea turtle
in or within 1.0 mile of the project study area. Due to the lack of known occurrences within the project study area and the moratorium guidance from
NCWRC, it has been determined that the proposed project "May Affect, but is Not Likely to Adversely Affect" the hawksbill sea turtle.
Kemp's Ridley Sea turtle- Suitable habitat for Kemp's Ridley sea turtle is present within Canvas Back Canal which flows west to east, perpendicular to
the proposed project. A review of the NCNHP database records (updated January 2024) indicates there are no known occurrences of the Kemp's Ridley
sea turtle in or within 1.0 mile of the project study area. Due to the lack of known occurrences within the project study area and the moratorium guidance
from NCWRC, it has been determined that the proposed project "May Affect, but is Not Likely to Adversely Affect" the Kemp's Ridley Sea turtle.
Leatherback sea turtle - Suitable habitat for leatherback sea turtle is present within Canvas Back Canal which flows west to east, perpendicular to the
proposed project. A review of the NCNHP database records (updated January 2024) indicates there are no known occurrences of the leatherback sea
turtle within the project study area, however one known occurrence of the leatherback sea turtle was identified within 1.0 mile of the project. Due to the
lack of known occurrences within the project study area and the moratorium guidance from NCWRC, it has been determined that the proposed project
"May Affect, but is Not Likely to Adversely Affect" the Leatherback sea turtle.
Loggerhead sea turtle - Suitable habitat for loggerhead sea turtle is present within Canvas Back Canal which flows west to east, perpendicular to the
proposed project. A review of the NCNHP database records (updated January 2024) indicates there are no known occurrences of the loggerhead sea
turtle within the project study area, however one known occurrence of the loggerhead sea turtle was identified within 1.0 mile of the project. Due to the
lack of known occurrences within the project study area and the moratorium guidance from NCWRC, it has been determined that the proposed project
"May Affect, but is Not Likely to Adversely Affect" the Loggerhead sea turtle.
Atlantic sturgeon- Suitable habitat for the Atlantic sturgeon is present within Canvas Back Canal which flows west to east, perpendicular to the proposed
project. A review of NCNHP records (updated January 2024) indicates no known Atlantic sturgeon occurrences within the project study area; however,
known occurrences are listed approximately 0.6-mile east and 0.8-mile west of the project study area within the Atlantic Ocean and Jean Guite Creek,
respectively. Due to the lack of known occurrences within the project study area and the moratorium guidance from NCWRC, it has been determined
that the proposed project "May Affect, but is Not Likely to Adversely Affect" the Atlantic sturgeon.
Shortnose sturgeon - Suitable habitat for the shortnose sturgeon is present within Canvas Back Canal which flows west to east, perpendicular to the
proposed project. A review of NCNHP records (updated January 2024) indicates no known shortnose sturgeon occurrences within the project study
area; however, known occurrences are listed approximately 0.6-mile east of the project study area within the Atlantic Ocean. Due to the lack of known
occurrences within the project study area and the moratorium guidance from NCWRC, it has been determined that the proposed project "May Affect, but
is Not Likely to Adversely Affect" the shortnose sturgeon.
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A desktop-GIS assessment of the project study area, as well as the area within a 1.13-mile radius (1.0 mile plus 660 feet) of the project limits, was
performed in January 2024 using 2021 color aerials. Several water bodies (Atlantic Ocean and Jean Guite Creek) large enough or sufficiently open to be
considered potential feeding sources were identified. Foraging habitat is present within 660 feet of the project limits, therefore Kimley-Horn biologists
conducted a pedestrian survey of the project study area and the area within 660 feet of the project limits on May 10, 2023. No bald eagle nests or
individuals were observed. In addition, a review of the NCNHP database records (updated January 2024) indicates that there are no known occurrences
of the bald eagle in or within 1.0-mile of the project study area. Due to the lack of known occurrences, the lack of observed individuals and nests, and the
minimal impact anticipated for this project, it has been determined that the proposed project will not affect this species.
6. Essential Fish Habitat (Corps Requirement)
6a. 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
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? *
Unknown
The NOAA Essential Fish Habitat Mapper was reviewed on January 9, 2024. Bluefin Tuna, Black Sea Bass, Atlantic Herring, Monkfish, Clearnose Skate,
Bluefish, Atlantic Butterfish, Scup, and Summer Flounder essential fish habitat was found intersecting the project corridor within the Canvas Back Canal.
Additionally, based on the NC Division of Coastal Management Web App Viewer, accessed January 9, 2024, no submerged aquatic vegetation is
mapped within the project study area. Kimley-Horn has coordinated with the NCWRC who stated that as a Primary Nursery Area, NCWRC recommends
and in water work moratorium of February 15 to September 30 during the construction of this project. Additionally, WRC prefers spanning structures,
where culverts are used a single culvert should be sized to Garry normal flows without increasing velocities due to constriction. Due to an in -water work
moratorium between February 15 and September 30, and due to the minimal impact to the aquatic habitat within the project corridor (consisting of only
the removal of the existing culvert), no permanent impact to EFH will result from the proposed project.
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?
Kimley-Horn conducted a desktop-GIS assessment of the Site on January 12, 2024, using the North Carolina State Historic Preservation Office
(NCSHPO) HPOWEB GIS Service database. This assessment was undertaken in order to identify any known National Register (NR) properties,
National Register Study List (SL) properties, and properties Determined to be Eligible (DOE) for listing or previously surveyed in or within 1.0-mile of the
Site.
No known historic or cultural resources were identified within the project corridor. However, one SL historc district was identified within 1.0-mile of the
project study area. The Frank Stick House (Gone or Mislocated) is located approximtely 0.63-mile east of the project study area.
Eight other historical and cultural resources currently listed as "Blockface" and "Survey Only" were identified within 1.0-mile of the Site. Due to the listing
status of'Survey Only', these resources do not currently receive protection under the National Historic Preservation Act. If the listing status changes to
NR, SL, or DOE prior to construction, the potential for impacts to these resources may need to be re-evaluated; however, due to the distance from the
Site and the existing uses within the vicinity of the Site, it is assumed that the proposed project will have no effect on these 'Survey Only' resources.
Due to the lack of known historic and cultural resources within the Site and the distance from any known historic and cultural resources, as indicated by
the NCSHPO HPOWEB GIS Database (accessed May 2023), it is anticipated that the proposed project will not have a direct impact on any known NR,
SL, or DOE resources.
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 FEMA Digital Flood Insurance Rate Map (DFIRM) panel 3720986700K (effective June 19, 2020) indicates there are 1 % Annual Chance Flood
Hazard areas (100-year floodplain) and 0.2 % Annual Flood Hazard areas (500-year floodplain) along Jean Guite Creek within the project area. However,
the flooding source is the Atlantic Ocean with Base Flood Elevation shown at 4 feet. There is no existing hydraulic model available for this stream and
the 100-year event and the entire 100-year floodplain is controlled by backwater of the Atlantic Ocean. There is no FEMA regulatory floodway/non-
encroachment areas for this feature. Therefore, typical FEMA permitting is not required. The hydraulic opening will be increased/maintained in order to
pass any storm surges with the same efficiency as before construction.
8c. What source(s) did you use to make the floodplain determination?*
The FEMA Digital Flood Insurance Rate Map (DFIRM) panel 3720986700K (effective June 19, 2020) indicates there are 1 % Annual Chance Flood
Hazard areas (100-year floodplain) and 0.2 % Annual Flood Hazard areas (500-year floodplain) along Jean Guite Creek within the project area.
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
01_Trinitie Trail_CoverLetter.pdf
560.33KB
03_TrinitieTrail_AA_Signed.pdf
411.84KB
04_Figures_TriniteTrail.pdf
2.96MB
05a_SAW-2023-01268_Tearsheet_Signed.pdf
2.04MB
O5b_USCG Letter (AA Jean Guite Crk NC).pdf
231.4KB
05c_Email Coordination with NCWRC.pdf
16.61KB
05d_Species List_ Raleigh Ecological Services Field Office.pdf
309.6KB
06_Fig5_PermitDrawingSitel .pdf
1.41 MB
07_PlanSheets_TrinitieTrail.pdf
701.54KB
File must be PDF or KMZ
Comments
On behalf of our client, the Town of Southern Shores, Kimley-Horn is submitting the attached Nationwide Permit (NWP) #3 request for the above referenced project located in Southern
Shores, Dare County, NC.
To assist with the processing of this application, the following information is included:
ePCN Application Form
• Signed Agent Authorization Form
Figures
• USACE Pre -Jurisdictional Determination Approval (SAW-2023-01268)
• Email Coordination with the North Carolina Wildlife Resource Commission
US Coast Guard Advance Approval Exemption Letter
• Permit Impact Drawings
Project Plan Sheets
• U.S. Fish and Wildlife Service Official Species List
• NCDWR 401 Application Fee of $323
If you need any additional information to assist in your review of this NWP application, feel free to contact me at 919-677-2215 or [e-mail].
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:
Emma Radford, WPIT, CA
Signature
Date
3/4/2024
O