20220165 Ver 1_ePCN Application_20220201

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Divi.ha of ware.Resources
Pre-Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
December 6,2021 Ver 4.2
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.
BIMS#Assigned* Version#*
20220165 1
Is a payment required for this project?
No payment required
Fee received Reviewing Office*
Fee needed-send electronic notification Central Office-[phone]
Select Project Reviewer*
Rob Ridings:eads\rgridings
Information for Initial Review
1a.Name of project:
Hereford Road(SR 1800)Emergency Pipe Removal
la.Who is the Primary Contact?*
Christopher A.Murray
1 b.Primary Contact Email:* 1c.Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
2/1/2022
Nearest Body of Water
Neuse River(Falls Lake below normal pool elevation)
Basin
Neuse
Water Classification
WS-IV;B;NSW,CA
Site Coordinates
Latitude: Longitude:
36.04554 -78.776793
A. Processing Information u
County(or Counties)where the project is located:
Durham
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:

WBS#(')
51215.01 Z
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
1 b.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):
NWP 57
1d.Type(s)of approval sought from the DWR:
401 Water Quality Certification-Regular 401 Water Quality Certification-Express
Non-404 Jurisdictional General Permit Riparian Buffer Authorization
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: 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
1 h.Is the project located in any of NC's twenty coastal counties?
Yes No
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.Nari on recorded deed:
NCDOT
2b.Deed book and page no.:
2c.Contact Person:
2d.Address
Street Address
2612 N.Duke Street
Address Line 2
City State/Province Region
Durham NC
Postal/Zip Code Country
27704 USA

2e.Telephone Number: 2f.Fax Number:
(919)3174732
2g.Email Address:
[e-mail]
C. Project Information and Prior Project History
1.Project Information
1b.Subdivision name:
(if appropriate)
1c.Nearest municipality/town:
Durham
2.Project Identification
2a.Property Identification Number: 2b.Property size:
2c.Project Address
Street Address
535 Hereford Road
Address Line 2
City State/Province/Region
Durham NC
Postal/Zip Code Country
27704 USA
3. Surface Waters
3a.Name of the nearest body of water to proposed project:"
Neuse River(Falls Lake below normal pool elevation)
3b.Water Resources Classification of nearest receiving water:"
WS-IV;B;NSW,CA
3c. What river basin(s)is your project located in?*
Neuse
3d.Please provide the 12-digit HUC in which the project is located.
030202010404
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:*
Hereford Road(SR 1800)in Durham County crosses Rocky Branch,which is a finger of Falls Lake.The crossing structures on Hereford Road at the stream crossing are two 7-foot
corrugated metal pipes.
Hereford Road exists as a causeway road crossing the open water of Falls Lake.The United States of America owns property in all four quadrants.A Mountain-to-Sea Trail crosses along
the existing causeway road in the project study area.The Mountain-to-Sea Trail has been relocated to use adjacent land.An overhead Wake EMC single phase power line crosses Rocky
Branch at/near the inlet of the pipe structures inside NCDOT and USACE Right of Way.
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:
0.14 ac total in project limits
4g.List the total estimated linear feet of all existing streams on the property:
260 linear feet total in project limits
4h.Explain the purpose of the proposed project:
The structure crossing is comprised of two 7-foot diameter corrugated metal pipes that are located under the roadway.The pipe structures have failed resulting in loss of dirt roadway fill
material along/at the pipe crossings under existing Hereford Road.The purpose of the project is to remove the existing failed pipe structures along Hereford Road and construct a stable,
rip rap-lined channel to allow water to flow through the site.The excavated channel is expected to be 20 ft wide at the base with 2:1 side slopes and two feet thickness of Class II rip rap
(underlain with geotextile)on the excavated slopes.Construction will follow Wet Excavation(Alternative 3)as described in the attached Hereford Road(SR 1800)Emergency Pipe
Removal Project(NCDOT,January 2021).This plan was supported in coordination with the USACE on 1/28/2021,with the NCDEQ DWR on 1/21/2021 and NCWRC on 1/20/2021.Two in-
stream turbidity curtains will be placed in Rocky Branch to surround the work area to prevent downstream movement of turbidity.An overhead Wake EMC single phase power line crosses
Rocky Branch at/near the inlet of the existing pipe structures.The single phase overhead power line will be relocated in a new Permanent Utility Easement.Wake EMC officials have
reviewed the site and have determined that there is no way to back feed their customers on the east side of Rocky Branch as their line and service territory ends along Cheek Road.
Temporary disconnection of the line for short period(s)is not an option due to the needs of their customers.Accordingly,the only available option is permanent relocation of the single
phase overhead power line into a new Permanent Utility Easement.

4i.Describe the overall project in detail,including indirect impacts and the type of equipment to be used:*
Wet Excavation(Alternative 3)--Excavation of any roadway and embankment material above the Falls Lake water line will be removed by conventional methods in the first phase of
construction using typical roadway construction equipment such as bulldozer,excavator,etc.Following the first phase,excavation of the culvert will be performed"in the wet;"in this
scenario,the section of channel below the Falls Lake waterline will be excavated by mat/track-mounted clam shell excavators or mat/track mounted excavators.Double turbidity curtains
placed on both sides of the causeway to prevent downstream migration of turbidity.Following wet excavation and slope preparation,any remaining loose material and debris will be
removed as practical using existing on-site equipment.Construction equipment will then be utilized to construct the excavated channel expected to be 20 ft wide at the base with 2:1 side
slopes and two feet thickness of Class II rip rap(underlain with geotextile)on the excavated slopes.This plan was supported in coordination with the USACE on 1/28/2021,with the
NCDEQ DWR on 1/21/2021 and NCWRC on 1/20/2021.
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-2021-02419
5c.If 5a is yes,who delineated the jurisdictional areas?
Name(if known): Brett Feulner
Agency/Consultant Company: Dewberry
Other:
5d.List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
January 6,2022.
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
2.Wetland Impacts
2a1 Reason(?) 2b.Impact type*(?) 2c.Type of W. 2d.W.name* 2e.Forested* 2f.Type of Jurisdicition*2g•Impact
area
Roadway Access P Bottomland Hardwood Forest Site 1 Yes Both 0.006
(acres)
Roadway Access P Bottomland Hardwood Forest Site 2 Yes Both 0.022
(acm
(acres)
Utility Access P Bottomland Hardwood Forest Site 1 Yes Both 0.030
(acres)
Utility Access P Bottomland Hardwood Forest Site 2 Yes Both 0.016
(acres)
2g.Total Temporary Wetland Impact 2g.Total Permanent Wetland Impact
0.000 0.074
2g.Total Wetland Impact
0.074
2i.Comments:
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
Excavation and Rip rap P Falls Lake/Rocky Branch Excavation Lake 0.09
stabilization
Turbidity Curtain T Falls Lake/Rocky Branch Other Lake 0.11
4g.Total temporary open water Impacts: 4g.Total permanent open water impacts:
0.11 0.09
4g.Total open water impacts:
0.20
4h.Comments:
6. Buffer Impacts (for DWR)
6a.Project is in which protect basin(s)?
Check all that apply.
Neuse Tar-Pamlico
Catawba Randleman
Goose Creek Jordan Lake
Other
6b.Impact Type 6c.Per or Temp 6d.Stream name 6e.Buffer mitigation required? 6f.Zone 1 impact 6g.Zone 2 impact
-liUtility Relocation Site 1 Allowable P Falls Lake No 1,510 830
Utility Relocation Site 1 Allowable P Falls Lake No 1,320 1,085
Roadway Access Site 1 Allowable P Falls Lake No 690 432
Roadway Access Site 1 Allowable P Falls Lake No 1,800 999
6h. Total buffer impacts:
Zone 1 Zone 2
Total Temporary impacts: 0.00 0.00
Zone 1 Zone 2
Total Permanent impacts: 5,320.00 3,346.00
Zone 1 Zone 2
Total combined buffer impacts: 5,320.00 3,346.00
6i.Comments:
E. Impact Justification and Mitigation
1.Avoidance and Minimization
la.Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The excavated open channel(20 ft wide at the base with 2:1 side slopes stabilized with Class II rip rap)has been designed by the NCDOT hydraulics
Unit to provide the most practicable opening to allow water to flow through the proposed open channel feature.Construction will follow Wet Excavation
(Alternative 3)as described in the Hereford Road(SR 1800)Emergency Pipe Removal Project(NCDOT,January 2021).The existing single phase
overhead Wake EMC power line will be relocated into a new Permanent Utility Easement that provides a perpendicular crossing to Falls Lake to comply
with NCDEQ DWR and USACE design criteria regarding new overhead utility crossings.Wake EMC officials have reviewed the site and have
determined that there is no way to back feed their customers on the east side of Rocky Branch as their line and service territory ends along Cheek Road.
Temporary disconnection of the line for short period(s)is not an option due to the needs of their customers.Accordingly,the only available option is
permanent relocation of the single phase overhead power line into a new Permanent Utility Easement.
1 b.Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Construction will follow Wet Excavation(Alternative 3)as described in the Hereford Road(SR 1800)Emergency Pipe Removal Project(NCDOT,
January 2021).Anticipated construction impact areas will be appropriately staked and outlined as necessary with staking,fencing and flagging.
Construction inspectors and the Division Environmental Officer will oversee construction of the project and will coordinate as necessary with the
contractor to determine methods to further avoid or minimize impacts.
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 project will be permitted using Nationwide Permit 3 and NWP 57.Compensatory mitigation is not required for this project.
F. Stormwater Management and Diffuse Flow Plan (required by DWR) u
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
Comments:
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
1 b.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
1c.If you answered"yes"to the above,has the document review been finalized by the State Clearing House?*
Yes No
Comments:*
Minimum Criteria Determination Checklist does not need to be finalized by the State Clearing House.
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(1 SA 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 serves to remove the existing failed pipe structures.This will not result in additional development.
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
5c.If yes,indicate the USFWS Field Office you have contacted.
Raleigh

5d.Is another Federal agency involved?*
Yes No Unknown
What Federal Agency is involved?
USACE-Falls Lake property
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?
Consultation with Gary Jordan,USFWS regarding aquatic federally protected species(Neuse River waterdog and Carolina madtom).Recent surveys
have been completed for Michaux's sumac,bald eagle and Smooth coneflower.The project has an automatic Biological Conclusion of May Affect,Likely
to Adversely Affect for the Northern long-eared bat(see NLEB PBO dated 11/6/2020.
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?
Available mapping.
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?*
Direct coordination with the cultural resources group with the NCDOT.See attached forms.
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 has been designed by NCDOT hydraulics unit.
8c.What source(s)did you use to make the floodplain determination?*
Coordination with the NCDOT hydraulics unit.
Miscellaneous u
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
Herford Rd a-PCN Attachment.pdf 15.18MB
File must be PDF or KMZ
Comments
Construction of the project will require work outside the existing NCDOT Right of Way(ROW).The NCDOT has discussed this project since August 2019 with Francis Ferrell(USAGE
Chief Ranger at Falls Lake)and more recently with Mark Wilmes(USACE Piedmont Operations Project Manager).The NCDOT submitted a Non-recreation Outgrant Application request
for Temporary Construction Easements(TCE)in the USACE ROW via email submittal on December 14,2021.The request was for 3.12 acres of TCE to remove the failing pipe structures
and construction of a stable rip rap lined channel as described in this PCN document.This email was copied to Mr.Andy Williams.
The NCDOT on behalf of Wake EMC submitted a Non-recreation Outgrant Application request for a Permanent Utility Easement(PUE)in the USACE ROW via email submittal on
December 14,2021.The request was for 0.28 acres of PUE to relocate the existing overhead Wake EMC single phase power line as described in this PCN document.This email was
copied to Mr.Andy Williams.
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:
Christopher A.Murray
Signature
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Date
2/l/2022