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HomeMy WebLinkAbout20220618 Ver 1_HL-0033 PCN_FillableForm for ABE PI and PII 04282022_20220428 Page 1 of 27 PCN Form - Version 4.2, January31, 2022 Office Use Only Corps Action ID no. [Click to enter.] Date received: [Click to enter.] DWR project no. [Click enter.] Date received: [Click to enter.] Site Coordinates: Latitude (DD.DDDDDD): 35.83603 Longitude (DD.DDDDDD): 78.83690 Form Version 4.2, January 31, 2022 Pre-Construction Notification (PCN) Form (Ver. 4.2, January 31, 2022)) For Nationwide Permits and Regional General Permits and corresponding Water Quality Certifications Please note: fields marked with a red asterisk * are required. The form is not considered complete until all mandatory questions are answered. The online help file may be found at this link: https://edocs.deq.nc.gov/WaterResources/0/edoc/624704/PCN%20Help%20File%202018-1-30.pdf The help document may be found at this link: http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Permits/2017-Nationwide- Permits/Pre-construction-Notification/ A. Processing Information County (counties) where project is located: * Wake Additional (if needed). Is this a NCDMS project? * (Click yes only if NCDMS is the applicant or co- applicant) ☐ Yes ☒ No Is this a public transportation project? * (Publicly funded municipal, state, or federal road, rail, or airport project) ☒ Yes ☐ No Is this a NCDOT project? * ☒ Yes ☐ No If yes, NCDOT TIP or state project number: HL-0033 If yes, NCDOT WBS number: * 36249.4033 Page 2 of 27 PCN Form - Version 4.2, January31, 2022 1a. Type(s) of approval sought from the Corps: * ☒ Section 404 Permit (wetlands, streams, 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. * Click to enter a date. 1b. What type(s) of permit(s) do you wish to seek authorization? * ☐ Nationwide Permit (NWP) ☐ Regional General Permit (RGP) ☒ Standard (IP) This form may be used to initiate the standard/ individual permit process with the USACE. Please contact your Corps representative concerning submittals for standard permits. All required items can be included as attachments and submitted with this form. 1c. Has the NWP or GP number been verified by the Corps? * ☐ Yes ☐ No NWP number(s) (list all numbers ): Click to enter. RGP number(s) (list all numbers ): Click to enter. Are you a federal applicant? ☐ Yes ☐ No If yes, please provide a statement concerning compliance with the Coastal Zone Management Act * Click to enter text. 1d. Type(s) of approval sought from DWR (check all that apply): * ☐ 401 Water Quality Certification – Regular ☐ 401 Water Quality Certification– Express ☐ Non-404 Jurisdictional General Permit ☐ Riparian Buffer Authorization ☒ Individual 401 Water Quality Certification Is this a courtesy copy notification ☐ Yes ☒ No 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/certification application? * ☐ Yes ☒ No 1g. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? ☒ Yes ☐ No If yes, attach the acceptance letter from mitigation bank or in-lieu fee program. 1h. Is the project located in any of NC’s twenty coastal counties? * ☐ Yes ☒ No 1i. Is the project located within an NC DCM Area of Environmental Concern (AEC)? * ☐ Yes ☒ No ☐ Unknown 1j. Is the project located in a designated trout watershed? * ☐ Yes ☒ No If yes, you must attach a copy of the approval letter from the appropriate Wildlife Resource Commission Office. Trout information may be found at this link: http://www.saw.usace.army.mil/Missions/Regulatory-Permit- Program/Agency-Coordination/Trout.aspx Page 3 of 27 PCN Form - Version 4.2, January31, 2022 B. Applicant Information 1a. Who is the primary contact? * Christopher A. Murray 1b. Primary Contact Email: * camurray@ncdot.gov 1c. Primary Contact Phone: * (###)###-#### (919)317-4732 1d. Who is applying for the permit/certification? * (check all that apply) ☒ Owner ☐ Applicant (other than owner) 1e. Is there an agent/consultant for this project?* ☐ Yes ☒ No 2. Landowner Information 2a. Name(s) on Recorded Deed: * NCDOT and others 2b. Deed Book and Page No.: Click to enter. 2c. Contact Person (for corporations): Click to enter. 2d. Address * Street Address: 2612 N. Duke Street Address line 2: Click to enter. City: Durham State/ Province/ Region: North Carolina Postal/ Zip Code: 27704 Country: USA 2e. Telephone Number: * (###)###-#### (919)317-4732 2f. Fax Number: (###)###-#### Click to enter. 2g. Email Address: * camurray@ncdot.gov 3. Applicant Information (if different from owner) 3a. Name: * Christopher A. Murray 3b. Business Name (if applicable): Click to enter. 3c. Address: * Street Address: 2612 N. Duke Street Address line 2: Click to enter. City: Durham State/ Province/ Region: North Carolina Postal/ Zip Code: 27704 Country USA 3d. Telephone Number: * (###)###-#### (919)317-4732 3e Fax Number: (###)###-#### Click to enter. 3f. Email Address: * camurray@ncdot.gov Page 4 of 27 PCN Form - Version 4.2, January31, 2022 4. Agent/ Consultant (if applicable) 4a. Name: * Click to enter. 4b. Business Name: Click to enter. 4c. Address: * Street Address: Click to enter. Address line 2: Click to enter. City: Click to enter. State/ Province/ Region: Click to enter. Postal/ Zip Code: Click to enter. Country: Click to enter. 4d. Telephone Number: * (###)###-#### Click to enter. 4e Fax Number: (###)###-#### Click to enter. 4f. Email Address: * Click to enter. Agent Authorization Letter:* Attach a completed/signed agent authorization form or letter. A sample form may be found at this link: https://www.saw.usace.army.mil/Missions/Regulatory -Permit-Program/Permits/2017-Nationwide-Permits/Pre- construction-Notification/ Page 5 of 27 PCN Form - Version 4.2, January31, 2022 C. Project Information and Prior Project History 1. Project Information 1a. Name of project: * Airport Boulevard Extension (SR 3126)-Phase I: From Garden Square Lane to Church Street (SR 1637) and Phase II: From Church Street (SR 1637) to northeast of Chapel Hill Road (NC 54) 1b. Subdivision name (if appropriate): Click to enter. 1c. Nearest municipality/town: * Morrisville 2. Project Identification 2a. Property identification number (tax PIN or parcel ID): Click to enter. 2b. Property size (in acres): Click to enter 2c. Project Address: Street Address: Click to enter. Address line 2: Click to enter. City: Click to enter. State/ Province/ Region: Click to enter. Postal/ Zip Code: Click to enter. Country: Click to enter. 2d. Site coordinates in decimal degrees (using 4-6 digits after the decimal point): * Latitude (DD.DDDDDD): * 35.83603 Longitude (-DD.DDDDDD): * -78.83690 3. Surface Waters 3a. Name of nearest body of water to proposed project: * UT to Crabtree Creek 3b. Water Resources Classification of nearest receiving water: * C: NSW The Surface Water Classification map may be found at this link: https://ncdenr.maps.arcgis.com/apps/webappviewer/index.html?id=6e125ad7628f494694e259c80dd64265 3c. In what river basin(s) is your project located? * Neuse Choose additional (if needed) 3d. Please provide the 12-digit HUC in which the project is located: * 030202010801 The Find Your HUC map may be found at this link: https://ncdenr.maps.arcgis.com/apps/PublicInformation/index.html?appid=ad3a85a0c6d644a0b97cd069db238ac3 Page 6 of 27 PCN Form - Version 4.2, January31, 2022 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: * Existing conditions includes wooded land, residential housing, elementary school, Montessori School, farm land (livestock land) and developed urban parcels for shopping. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? * ☐ Yes ☒ No ☐ Unknown If yes, please give the DWR Certification number and/or Corps Action ID (ex. SAW-0000-00000): [Click to enter.] [Click to enter.] Attach any pertinent project history documentation 4b2. Is any portion of the work already complete? * ☐ Yes ☒ No If yes, describe the completed work. Click to enter text. 4c. List of other certifications or approvals/denials received from other federal, state or local agencies for work described in this application not related to the 404 or 401. Click to enter text. 4d. Attach an 8½ x 11” excerpt from the most recent version of the USGS topographic map indicating the location of the project site. 4e. Attach an 8½ x 11” excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. 4f. List the total estimated acreage of all existing wetlands on the property: 0.29 acres 4g. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 1,421 linear feet 4g1. List the total estimated acreage of all existing open waters on the property: 0.48 acres 4h. Explain the purpose of the proposed project: * -The purpose of the proposed action is to improve overall, multi-modal traffic mobility on the Town of Morrisville’s roadway network and to enhance roadway connectivity between Davis Drive and Chapel Hill Road. The proposed action begins and ends at established roadways and will improve the local roadway network independently of any future projects, providing an alternative route between Davis Drive and Chapel Hill Road. The proposed action also completes a missing link in the Airport Boulevard corrido r, which improves connectivity to employment centers in Research Triangle Park (RTP) as well as to I-40 and Raleigh-Durham International Airport (RDU). -Secondary benefits of the project would include addressing the Town’s capacity concerns about existing intersections on Davis Drive and fulfilling the Town’s multimodal policy recommendations. -The proposed design for the project is consistent with the 2019 Town of Morrisville Comprehensive Transportation Plan. Page 7 of 27 PCN Form - Version 4.2, January31, 2022 4i. Describe the overall project in detail, including the type of equipment to be used: * Construction of Airport Boulevard Extension Phase I on new location is between Garden Square Lane and SR 1637 (Church Street). The Phase I project is fully funded for planning, environmental studies and construction. Phase I has a let date of December 20, 2022. The NC Capital Area Metropolitan Planning Organization (CAMPO) 2050 Metropolitan Transportation Plan (MTP) identifies Phase I as a 2030 Horizon Year project, identifying the future facility as a minor thoroughfare. Phase I is included in the NCDOT 2020 -2029 State Transportation Improvement Program (STIP) as HL-0033. The Airport Boulevard Extension Phase II on new location is between SR 1637 (Church Street) and northeast of Chapel Hill Road (NC 54). The Phase II project is unfunded for right of way acquisition and construction. The Phase II project is identified by CAMPO in their Comprehensive Transportation Plan (CTP). Projects identified in the CTP are unfunded portion of the 2050 Metropolitan Transportation Plan (MTP). Implementation of Phase II is not anticipated until after 2050. The existing segment of Air port Boulevard between Davis Drive and Garden Square Lane is a four-lane curb and gutter facility with a raised grass median and five-foot sidewalks on each side, and a posted speed of 45 mph. The current Phase 1, as shown on Figure 2 of the CE document, proposes to extend Airport Boulevard from Garden Square Lane to Church Street with a similar typical section. In lieu of the sidewalks on each side, the Phase 1 utilizes a ten-foot wide multi-use use path on the south side, a five-foot sidewalk on the opposite side, along with a five-foot utility strip on each side. There will also be a dedicated pedestrian crosswalk where the Indian Creek Greenway crosses the new segment of Airport Boulevard. The new location portion of the Indian Creek Greenway will be constructed prior to closing the existing trail, with access to the trail maintained during construction. The improvements along Town Hall Drive and Church Street, consist of the additions of turn lanes to accommodate Airport Boulevard. These improvements also include replacement of existing sidewalks disturbed due to the widening. No additional widening along Town Hall Drive and Church Street other than the addition of turn lanes are included in this project. Phase 2, which extends Airport Boulevard from end of Phase 1 at Church Street to Chapel Hill Road (NC 54) currently is unfunded. Phase 2 has two alternatives as shown on Figure 3 of the CE document, both would cross over the North Carolina Railroad, with a grade separation. Due to the grade separatio n’s proximity to Chapel Hill Road, the bridge will also extend over Chapel Hill Road before tying back to existing Airport Boulevard. Each of the two alternatives do have connections back to Chapel Hill Road. The existing segment of Airport Boulevard between Chapel Hill Road and Aviation Parkway is a five-lane facility with a center turn lane, curb and gutter, sidewalks, and a posted speed of 45 mph. ALTERNATIVE REVIEW: Due to the constraints created by existing development on either side of the proposed path for Phase 1, one alignment was studied for Phase 1 of the project (See Figure 2 in the CE document), while two alternatives were examined for Phase 2 (See Figure 3 of the CE document). The first alternative would align directly with the existing location of Airport Boulevard and include a bridge spanning the existing rail line and Chapel Hill Road, requiring construction of a loop from Airport Boulevard to Chapel Hill Road. The second alternative would also require a bridge across the rail line and Chapel Hill Road but would be shifted slightly to the east of the existing location of Airport Boulevard. During final design of Phase 2, the railroad grade separation shall be designed to accommodate a four-track layout with a twenty four foot- three inch (24’-3”) vertical clearance. DUE TO JURISDICTIONAL IMPACTS IDENTIFIED IN THE CE DOCUMENT (SEE TABLE 2 OF THE CE DOCUMENT) AND BUSINESS RELOCATION IMPACTS, THE NCDOT DETERMINED THAT ALTERNATIVE I WAS SELECTED AS THE PREFERRED ALTERNATIVE FOR PHASE II. This was addressed during a “4b/4c type meeting” with the USACE and NCDEQ on April 19, 2022. This information is also provided (source CE document): Phase II-Alternative 1: 640 linear feet of permanent stream impact, 0.035 ac of permanent wetland impact, two (2) residential relocations and zero (0) business relocations. Phase II-Alternative 2: 1,345 linear feet of permanent stream impact, 0.320 ac of permanent wetland impact, two (2) residential relocations and two (2) business relocations. Actual anticiapted impacts based on most recent design are slightly higher than these noted impacts. Page 8 of 27 PCN Form - Version 4.2, January31, 2022 4j. Attach project drawings/site diagrams/depictions of impact areas for the proposed project. 4k. Will this activity involve dredging in wetlands or waters? * ☐ Yes ☒ No If yes, describe the type of dredging, the composition of the dredged material, and the locations of disposal area. Click to enter text. Page 9 of 27 PCN Form - Version 4.2, January31, 2022 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or in proposed impact areas? * ☒ Yes ☐ No ☐ Unknown Comments: Click to enter text. 5b. If the Corps made a jurisdictional determination, what type of determination was made? * ☒ Preliminary ☒ Approved ☐ Emailed concurrence ☐ Not Verified ☐ Unknown ☐ n/a Corps AID number (ex. SAW-0000-00000): Phase I: SAW-2020-00587 on 9/15/2021; Phase II: SAW- 2020-0587 on 2/18/2022 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): David Cooper (VHB) for Phase I and Jason Dilday (NCDOT) for Phase II. Agency/Consultant Company: See above. Other: Click to enter. 5d. List the dates of the Corps jurisdictional determination or State determination if a determination was made by either agency. Phase I: SAW-2020-00587 on 9/15/2021; Phase II: SAW-2020-0587 on 2/18/2022 5d1. Attach jurisdictional determinations. 6. Future Project Plans 6a. Is this a phased project? ☒ Yes ☐ No 6b. If yes, explain. The Town of Morrisville, in cooperation with the North Carolina Department of Transportation (NCDOT) and the Federal Highway Administration (FHWA), proposes to extend Airport Boulevard (SR 3126) from its existing terminus at Garden Square Lane to its existing terminus at Chapel Hill Road (NC 54), a distance of approximately 0.8 miles. Construction of the project will complete the current missing link of this route. As shown in Figure 1 of the CE document, the project study area is located in the vicinity of the Town of Morrisville. For right-of-way acquisition and construction, the project is divided into two phases, although an environmental study is being completed for the entire length of the project. Phase 1 of the project is from Garden Square Lane to Church Street (SR 1637) and Phase 2 of the project is from Church Street to Chapel Hill Road (NC 54). The Capital Area Metropolitan Planning Organization (CAMPO) has awarded construction funds for Phase 1 of this project to the Town of Morrisville using Locally Administered Projects Program (LAPP) funding in Federal Fiscal Year 2022. The Town has entered into an agreement with NCDOT Division 5 to manage the project’s planning and design. It is anticipated that Phase 1 right-of-way acquisition will occur in Federal Fiscal Year 2022, with construction letting occurring before September 2022. Phase 2 is currently unfunded for right-of-way acquisition and construction. The project is being developed with federal funds under the National Environmental Policy Act (NEPA.) The project is included in the NCDOT 2020-2029 State Transportation Improvement Program (STIP) as Project No. HL-0033. Page 10 of 27 PCN Form - Version 4.2, January31, 2022 Are any other NWP(s), regional general permit(s), or individual permit(s) used, or intended to be used, to authorize any part of the proposed project or related activity? This includes other separate and distant crossings for linear projects that require Department of the Army authorization but don’t require pre-construction notification. No 7. Addresses of adjoining property owners, lessees, etc. whose property adjoins the waterbody (if more than can be entered here, please attach a supplemental list) See attachment. 8. Scheduling of activity: Project to be let in December 2022. Page 11 of 27 PCN Form - Version 4.2, January31, 2022 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 If there are wetland impacts proposed on the site, complete this table for each wetland area impacted. 2a. Site #* 2a1. Impact Reason/Type* 2b. Impact Duration* 2c. Wetland Type* 2d. Wetland Name* 2e. Forested ?* 2f. Jurisdiction Type* 2g. Impact Area (ac)* W1 Fill (Incl. Riprap) Permanent Headwater Forest Phase I-Site 1 Yes Both 0.15 W2 Excavation Permanent Headwater Forest Phase I-Site 1 Yes Both <0.01 W3 Mechanized Clearing Permanent Headwater Forest Phase I-Site 1 Yes Both 0.07 W4 Fill (Incl. Riprap) Permanent Headwater Forest Phase I-Site 2 Yes Both <0.01 W5 Mechanized Clearing Permanent Headwater Forest Phase I-Site 2 Yes Both 0.01 W6 Excavation Permanent Headwater Forest Phase I-Site 3 Yes Both <0.01 W7 Mechanized Clearing Permanent Headwater Forest Phase I-Site 3 Y/N Both <0.01 W8 Fill (Incl. Riprap) Permanent Headwater Forest Phase I-Site 4 Yes Both <0.01 W9 Mechanized Clearing Permanent Headwater Forest Phase I-Site 4 Yes Both <0.01 W10 Fill (Incl. Riprap) Permanent Headwater Forest Phase II-Site 3 (Wetland G) Yes Both 0.02 W11 Fill (Incl. Riprap) Permanent Bottomland Hardwood Forest Phase II-Site 5 (Wetland E) Yes Both 0.01 W12 Fill (Incl. Riprap) Permanent Bottomland Hardwood Forest Phase II-Site 6 (Wetland D) Yes Both <0.01 W13 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W14 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W15 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter Page 12 of 27 PCN Form - Version 4.2, January31, 2022 2g1. Total temporary wetland impacts 0.0 for both Phase I and Phase II ac 2g2. Total permanent wetland impacts 0.29 for both Phase I and Phase II ac 2g3. Total wetland impacts 0.29 for both Phase I and Phase II ac 2h. Type(s) of material being discharged and the amount of each type in cubic yards: Fill material to be discharged. The amount of cubic yards cannot yet be determined. 2i. Comments: Mitigation has been provided for 0.25 ac of wetland impact for impacts at Phase I only. Mitigation will be provided at a 2:1 ratio for these impacts at Phase I. Mitigation is not currently proposed for any wetland impacts in Phase II. Wetland impacts for Phase I are based on most recent plans. Wetland impacts for Phase II are based on anticipated slope stakes +25 ft. Page 13 of 27 PCN Form - Version 4.2, January31, 2022 3. Stream Impacts If there are perennial or intermittent stream/ tributary impacts (including temporary impacts) proposed on the site, complete this table for all stream/ tributary sites impacted. ** All Perennial or Intermittent streams must be verified by DWR or delegated local government Site #* 3a Impact Reason* 3b. Impact Duration* 3c. Impact Type* 3d. Stream Name* 3e. Stream Type* 3f. Jurisdiction Type* 3g. Stream Width (avg ft) * 3h. Impact length (linear ft) * S1 Placement in structure Permanent Crossing/ Culvert Phase I-Site 1 Perennial Both 3 150 S2 Countersunk rip rap pad in flow line and on banks at outlet Permanent Bank Stabilization Phase I-Site 1 Perennial Both 3 24 S3 Rip rap on banks at inlet Permanent Bank Stabilization Phase I-Site 1 Perennial Both 3 10 S4 Dewatering Temporary Dewatering Phase I-Site 1 Perennial Both 3 19 S5 Placement in structure Permanent Crossing/ Culvert Phase I-Site 2 Perennial Both 7 125 S6 Countersunk rip rap pad in flow line and on banks at outlet Permanent Bank Stabilization Phase I-Site 2 Perennial Both 7 33 S7 Rip rap on banks at inlet Permanent Bank Stabilization Phase I-Site 2 Perennial Both 7 34 S8 Dewatering Temporary Dewatering Phase I-Site 2 Perennial Both 7 29 S9 Placement in structure Permanent Crossing/ Culvert Phase I-Site 4 Intermittent Both 2 34 S10 Countersunk rip rap in flow line and on banks at outlet Permanent Bank Stabilization Phase I-Site 4 Intermittent Both 2 10 S11 Dewatering Temporary Dewatering Phase I-Site 4 Intermittent Both 2 19 S12 Anticipated impact at slope stake +25 ft Permanent Other Phase II-Site 1 (Stream SD) Intermittent Both 2 698 S13 Anticipated impact at slope stake +25 ft Permanent Other Phase II-Site 4 (Stream SA) Perennial Both 10 236 S14 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S15 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S16 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S17 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter Page 14 of 27 PCN Form - Version 4.2, January31, 2022 S18 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S19 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S20 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter 3i1. Total jurisdictional ditch impact: 0 linear ft 3i2. Total permanent stream impacts: 1,354 linear feet for both Phase I and Phase II linear ft 3i3. Total temporary stream impacts: 67 linear feet for both Phase I and Phase II linear ft 3i4. Total stream and ditch impacts: 1,421 feet for both Phase I and Phase II linear ft 3j. Comments: Stream mitigation has been provided for Phase I impacts only. This includes a proposed 2:1 ratio for stream loss due to placemenet in a structure (309 total linear feet) and proposed 1:1 ratio for stream loss due to countersunk rip rap in flow line (and on banks) at the outlet of structures (67 total linear feet). Mitigation not proposed for Phase II impacts. Stream impacts for Phase II are based on anticipated slope stake +25 feet. Page 15 of 27 PCN Form - Version 4.2, January31, 2022 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S., individually list all open water impacts in the table below. 4a. Site #* 4a1. Impact Reason 4b. Impact Duration* 4c. Waterbody Name* 4d. Activity Type* 4e. Waterbody Type* 4f. Impact area (ac)* O1 Anticipated impact at slope stake +25 ft. Permanent Phase II-Site 2 (Open Water A) Fill Pond 0.40 O2 Anticipated impact at slope stake +25 ft. Permanent Phase II-Site 7 (Open Water B) Fill Pond 0.08 O3 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. O4 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. O5 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 4g. Total temporary open water impacts 0 for both Phase I and Phase II ac 4g. Total permanent open water impacts 0.48 for both Phase I and Phase II ac 4g. Total open water impacts 0.48 for both Phase I and Phase II ac 4h. Comments: Mitigation not proposed for ponds on either Phase I or Phase II. Open water impacts for Phase II are based on anticipated slope stake +25 ft. 5. Pond or Lake Construction If pond or lake construction is proposed, complete the table below. (*This does NOT include offline stormwater management ponds.) 5a. Pond ID # 5b. Proposed use or purpose of pond 5c. Wetland Impacts (ac) 5d. Stream Impacts (ft) 5e. Upland Impacts (ac) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. P2 Choose one Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. P3 Choose one Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. 5f. Total Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. 5g. Comments: Click to enter. 5h. Is a dam high hazard permit required? ☐ Yes ☐ No If yes, permit ID no.: Click to enter. 5i. Expected pond surface area (acres): Click to enter. 5j. Size of pond watershed (acres): Click to enter. Page 16 of 27 PCN Form - Version 4.2, January31, 2022 5k. Method of construction: Click to enter. Page 17 of 27 PCN Form - Version 4.2, January31, 2022 6. Buffer Impacts (DWR requirement) If project will impact a protected riparian buffer, then complete the chart below. Individually list all buffer impacts . 6a. Project is in which protected basin(s)? * (Check all that apply.) ☒ Neuse ☐ Tar-Pamlico ☐ Catawba ☐ Jordan ☐ Goose Creek ☐ Randleman ☐ Other: Click to enter. Site #* 6b. Impact Type* 6c. Impact Duration* 6d. Stream Name* 6e. Buffer Mitigation Required?* 6f. Zone 1 Impact* (sq ft) 6g. Zone 2 Impact* (sq ft) B1 Road/ Temp. Road Permanent Phase I-Site 1: UT to Crabtree Creek (Stream Site 1) Yes 12,565 8,599 B2 Road/ Temp. Road Permanent Phase I-Site 2: UT to Crabtree Creek (Stream Site 2) Yes 12,643 7,836 B3 Other Permanent Phase I-Site 3: UT to Crabtree Creek (Stream Site 3) Yes 1,293 2,213 B4 Road/ Temp. Road Permanent Phase II-Site 2 (Open Water A) No 18,460 15,446 B5 Road/ Temp. Road Permanent Phase II-Site 4 (Stream Site SA) No 13,890 9,286 B6 Other Permanent Phase II-Site 5 (Stream Site SB) No 0 558 B7 Other Permanent Phase II-Site 6 (Stream Site SC) No 1,855 2,633 B8 Road/ Temp. Road Permanent Phase II-Site 7 (Open Water B) Yes 11,204 11,948 B9 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B10 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B11 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B12 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B13 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B14 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B15 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B16 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B17 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B18 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B19 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B20 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 6h. Total temporary impacts: Zone 1: 0 sq ft Zone 2: 0 sq ft 6h. Total permanent impacts: Zone 1: 71,910 sq ft Zone 2: 58,519 sq ft 6h. Total combined buffer impacts: Zone 1: 71,910 sq ft Zone 2: 58,519 sq ft Page 18 of 27 PCN Form - Version 4.2, January31, 2022 6i. Comments: Mitigation provided for riparian buffer impacts at Phase I only. Mitigation provided for 26,501 square feet of Buffer Zone 1 impacts in Phase I and 18,648 square feet of Buffer Zone 2 impacts in Phase I. Riparian buffer impacts for Phase II are based on anticipated slope stakes +25 ft. Buffer mitigation not provided for Phase II. Please attach supporting documentation (impact maps, plan sheets, etc.) for the proposed project. Page 19 of 27 PCN Form - Version 4.2, January31, 2022 E. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts through project design: * 1. PHASE I DISCUSSION: Impacts to steams, wetlands and riparian buffers within the project corridor were avoided and minimized through careful alignment selection and project design to the maximum extent possible. Slope stakes have been revised to 2:1 in wetland/steam areas to minimize impact. The 2:1 slope is the minimum slope necessary to provide a stable cover of vegetation (source: NCDOT Roadside Environmental Unit). Mechanized clearing in wetland impacts have been minimized as much as possible to only provide the minimum area necessary to install rip rap streambank protection and erosion control devices. Rip rap armoring along streams at the inlet and outlet have been designed to provide the minimum impacts necessary to provide long-term stabilization. Countersunk rip rap pad with rip rap on the streambank was designed to prevent downstream scour at pipe/culvert outlets. PHASE II DISCUSSION: Two alternatives were examined for Phase 2 (See Figure 3 of the CE document). The first of these would align directly with the existing location of Airport Boulevard and include a bridge spanning the existing rail line and Chapel Hill Road, requiring construction of a loop from Airport Boulevard to Chapel Hill Road. The second alternative would also require a bridge across the rail line and Chapel Hill Road but would be shifted slightly to the east of the existing location of Airport Boulevard. During final design of Phase 2, the railroad grade separation shall be designed to accommodate a four-track layout with a twenty four foot- three inch (24’-3”) vertical clearance. DUE TO JURISDICTIONAL IMPACTS IDENTIFIED IN THE CE DOCUMENT (SEE TABLE 2 OF THE CE DOCUMENT) AND BUSINESS RELOCATION IMPACTS, THE NCDOT DETERMINED THAT ALTERNATIVE I WAS SELECTED AS THE PREFERRED ALTERNATIVE FOR PHASE II. This information is also provided (source CE document): Phase II-Alternative 1: 640 linear feet of permanent stream impact, 0.035 ac of permanent wetland impact, two (2) residential relocations and zero (0) business relocations. Phase II-Alternative 2: 1,345 linear feet of permanent stream impact, 0.320 ac of permanent wetland impact, two (2) residential relocations and two (2) business relocations. Actual anticiapted impacts based on most recent design are slightly higher than these noted impacts. 1b. Specifically describe measures taken to avoid or minimize proposed impacts through construction techniques: * Impacts to streams, wetlands and protected riparian buffers within the corridor will be avoided and minimized throughout the construction process by the judicious use of equipment , materials and minimized access corridors. The contractor, NCDOT inspectors and NCDOT Division 5 Environmental Officer will evaluate project construction activity and work with staff to further minimize and avoid impacts to streams, wetlands and regulated riparian buffers. Where feasible, staging and construction access routes will be located in upland areas throughout the corridor. Silt fencing will be installed around the permitted limits of disturbance to help ensure that all construction equipment will remain within the permitted project area during construction. Temporary sediment control devices and measures will be installed to reduce sediment and erosion to receiving waters and minimize runoff from the construction sites. 2. Compensatory Mitigation for Impacts to Waters of the U.S., Waters of the State, or Riparian Buffers 2a. If compensatory mitigation is required, by whom is it required? * (check all that apply) ☒ DWR ☒ Corps 2b. If yes, which mitigation option(s) will be used for this project? * (check all that apply) ☐ Mitigation Bank ☒ In Lieu Fee Program ☐ Permittee Responsible Mitigation Page 20 of 27 PCN Form - Version 4.2, January31, 2022 3. Complete if using a Mitigation Bank (Must satisfy NC General Statute143-214.11 (d1).) 3a. Name of mitigation bank: Click to enter. 3b. Credits purchased/requested: Type: Choose one Quantity Click to enter. Type: Choose one Quantity Click to enter. Type: Choose one Quantity Click to enter. Attach receipt and/or approval letter. 3c. Comments: Click to enter. 4. Complete if Using an In Lieu Fee Program 4a. Attach approval letter from in lieu fee program. 4b. Stream mitigation requested: 376 linear feet for Phase I linear feet 4c. If using stream mitigation, what is the stream temperature: warm NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington District’s RIBITS website: (Please use the filter and select Wilmington district) https://ribits.usace.army.mil/ribits_apex/f?p=107:27:2734709611497::NO:RP:P27_BUTTON_KEY:0 4d. Buffer mitigation requested (DWR only): 26,501 for BZ1 and 18,648 for BZ 2 in Phase I square feet 4e. Riparian wetland mitigation requested: 0.25 ac for Phase I acres 4f. Non-riparian wetland mitigation requested: Click to enter. acres 4g. Coastal (tidal) wetland mitigation requested: Click to enter. acres 4h. Comments: Mitigation only provided as required for permanent Phase I wetland, stream and riparian buffer impacts. This includes 376 linear feet of stream impact, 0.25 ac of wetland impact, 26,501 square feet of BZ 1 impact and 18,648 square feet of BZ 2 impact. 5. Complete if Providing a Permittee Responsible Mitigation Plan 5a. If proposing a permittee responsible mitigation plan, provide a description of the proposed mitigation plan, including mitigation credits generated. Click to enter. 5b. Attach mitigation plan/documentation. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) – DWR requirement 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ☒ Yes ☐ No If yes, please complete this entire section – please contact DWR for more information. 6b. If yes, identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required in the table below. Page 21 of 27 PCN Form - Version 4.2, January31, 2022 Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 Road crossing and paralell impact 26,501 3 79,503 Zone 2 Road crossing and parallel impact 18,648 1.5 27,972 6f. Total buffer mitigation required 107,475 6g. If buffer mitigation is required, is payment to a mitigation bank or NC Division of Mitigation Services proposed? ☒ Yes ☐ No 6h. If yes, attach the acceptance letter from the mitigation bank or NC Division of Mitigation Services. 6i. Comments: See attached letter from DMS dated March 30, 2022. Page 22 of 27 PCN Form - Version 4.2, January31, 2022 F. Stormwater Management and Diffuse Flow Plan (DWR requirement) 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 1b. All buffer impacts and high ground impacts require diffuse flow or other form of stormwater treatment. If the project is subject to a state implemented riparian buffer protection program, include a plan that fully documents how diffuse/dispersed flow will be maintained. All Stormwater Control Measures (SCM) must be designed in accordance with the NC Stormwater Design Manual (https://deq.nc.gov/about/divisions/energy-mineral-land-resources/energy-mineral-land-permit- guidance/stormwater-bmp-manual). Associated supplement forms and other documentation must be provided. What Type of SCM are you providing? (Check all that apply) ☐ Level Spreader ☐ Vegetated Conveyance (lower seasonal high water table- SHWT) ☐ Wetland Swale (higher SHWT) ☐ Other SCM that removes minimum 30% nitrogen ☒ Proposed project will not create concentrated stormwater flow through the buffer For a list of options to meet the diffuse flow requirements, click here. Attach diffuse flow documentation. 2. Stormwater Management Plan 2a. Is this an 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 To look up low density requirements, click here: http://reports.oah.state.nc.us/ncac/title%2015a%20-%20environmental%20quality/chapter%2002%20- %20environmental%20management/subchapter%20h/15a%20ncac%2002h%20.1003.pdf 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 Note: Projects that have vested rights, exemptions, or grandfathering from state or locally implemented stormwater programs or projects that satisfy state or locally -implemented stormwater programs through use of community in-lieu programs should answer “no” to this question. 2d. Which of the following stormwater management program(s) apply? (Check all that apply.)* ☐ Local Government ☒ State If you have local government approval, please include the SMP on their overall impact map. Local Government Stormwater Programs * ☐ Phase II ☐ USMP ☐ NSW ☐ Water Supply Page 23 of 27 PCN Form - Version 4.2, January31, 2022 Please identify which local government stormwater program you are using. * Click to enter. State Stormwater Programs * ☐ Phase II ☐ HQW or ORW ☐ Coastal Counties ☐ Other Comments: Two storm drainage systems tie directly into the proposed 8’x7’ RCBC due to site constraints at Phase I-Permit Site 2 near 19+00 Lt/Rt. As a preferred alternative, discharging the storm drainage for these systems to vegetated channels was investigated. Due to the elevation of the proposed roadway grade and existing topography the outfall channels would require +/-6’ deep and +/-26’ wide in order to tie them in with UT to Crabtree Creek. These channels would create significant impacts to the currently established UT to Crabtree Creek Buffer Zones 1 and 2 and would still require rip rap for stability purposes and therefore not create an adequate outlet to vegetated channel. Considering these site constraints, discharging stormwater in the confines of the RCBC would provide the most stable location to dissipate energy, in turn minimizing sedimentation and erosion downstream while also minimizing impacts to the established buffer zones. Page 24 of 27 PCN Form - Version 4.2, January31, 2022 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 1c. If you answered “yes” to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) * ☐ Yes ☒ No Comments: Categorical Exclusion document does not need to be reviewed and/or 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), Federally Non-Jurisdictional Wetlands /Classified Surface Waters (15A NCAC 2H. 1400) DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? * ☐ Yes ☒ No 2b. If you answered “yes” to the above question, provide an explanation of the violation(s): Click to enter. 3. Cumulative Impacts (DWR Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) 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 has a low-to-moderate potential to influence growth and development. While the project will create a new roadway connection and reduce travel times, the small scale of the project and the fact that the vicinity of the project is relatively built out suggests that the ability of the project to stimulate growth and development will be limited. The relative lack of developable land and the lack of notable sensitive natural reso urces in the project area suggest that the project is unlikely to contribute to cumulative effects in the area. A Land Use Scenario Assessment was not determined to be necessary for this project. 3c. If yes, provide a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWR policy. (Attach .pdf) 4. Sewage Disposal (DWR Requirement) Page 25 of 27 PCN Form - Version 4.2, January31, 2022 4a. Is sewage disposal required by DWR for this project? * ☐ Yes ☒ No ☐ N/A 4b. If yes, describe in detail the treatment methods and dispositions (non-discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Click to enter. 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? (IPAC weblink: https://www.fws.gov/ipac/ [fws.gov]) * ☒ 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 If yes, which federal agency? Click to enter. 5e. Is this a DOT project located within Divisions 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 5g1. If yes, have you inspected the bridge for signs of bat use such as staining, guano, bats, etc.? Representative photos of signs of bat use can be found in the NLEB SLOPES, Appendix F, pages 3-7. ☐ Yes ☐ No Representative photos of signs of bat use can be found in the NLEB SLOPES, Appendix F, pages 3-7. Link to NLEB SLOPES document: http://saw-reg.usace.army.mil/NLEB/1-30-17-signed_NLEB-SLOPES&apps.pdf If you answered yes to 5g1, did you discover any signs of bat use? * ☐ Yes ☐ No ☐ Unknown If yes, please show the location of the bridge on the permit drawings/ project plans 5h. Does this project involve the construction/ installation of a wind turbine(s)? * ☐ Yes ☒ No If yes, please show the location of the wind turbine(s) on the permit drawings/ project plans (attach .pdf) 5i. Does this project involve blasting and /or other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? * ☒ Yes ☐ No If yes, please provide details to include type of percussive activity, purpose, duration, and specific location of this activity on the property (attach .pdf) 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? * Direct coordination with Gary Jordan, USFWS and response on April 1, 2022. USFWS indicated agreement with the following: May Affect-Likely to Adversely Affect: Northern long-eared bat, No Effect: Dwarf wedgemussel, Neuse River waterdog, Atlantic pigtoe, Carolina madtom, Red-cockaded woodpecker and Michaux’s sumac. The project will not affect the bald eagle. Attach consultation documentation. Page 26 of 27 PCN Form - Version 4.2, January31, 2022 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat? * ☐ Yes ☒ No Is there submerged aquatic vegetation (SAV) around the project vicinity? * ☐ Yes ☒ No ☐ Unknown Will this project affect submerged aquatic vegetation? * ☐ Yes ☒ No ☐ Unknown Explain: Click to enter. 6b. What data source(s) did you use to determine whether your site would impact Essential Fish Habitat? * Available mapping. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data): http://gis.ncdcr.gov/hpoweb/ 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 (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? * ☐ Yes ☒ No 7b. What data source(s) did you use to determine whether your site would impact historic or archeological resources? * Contact with the Catawba Indian Nation. Reports completed by NCDOT Archaeology group (see 6/3/2021 letter) and NCDOT Historic Structure group (see 3/11/2021 letter). 7c. Attach historic or prehistoric documentation. 8. Flood Zone Designation (Corps Requirement) Link to the FEMA Floodplain Maps: https://msc.fema.gov/portal/search 8a. Will this project occur in a FEMA-designated 100-year floodplain? * ☐ Yes ☒ No 8b. If yes, explain how the project meets FEMA requirements. Click to enter. 8c. What source(s) did you use to make the floodplain determination? Available mapping. H. Miscellaneous Comments: Click to enter. Attach pertinent documentation or attachments not previously requested Page 27 of 27 PCN Form - Version 4.2, January31, 2022 I. Signature * ☒ By checking the box and signing below, I, as the project proponent, certify to the following: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete, to the best of my knowledge and belief; • 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; • The project proponent hereby agrees 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”); • The project proponent hereby agrees to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the “Uniform Electronic Transactions Act”); • The project proponent hereby understands that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • As the project proponent, I intend to electronically sign and submit the PCN/online form. Full Name: * Christopher A. Murray Signature: * Click to enter. Date: * 4/28/2022