20240495 Ver 1_ePCN Application_20240328

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# *
20240495 1
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Select Project Reviewer*
Chad Turlington:chad.turlington
Information for Initial Review
la. Name of project:
COURTESY COPY Locks Creek Drainage Improvements
1a. Who is the Primary Contact?*
Philip May
1b. Primary Contact Email: *
[e-mail]
Date Submitted
3/28/2024
Nearest Body of Water
Locks Creek (near Vander)Index 18-32
Basin
Cape Fear
Water Classification
C
Site Coordinates
Latitude:
35.014786
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Cumberland
Is this a NCDMS Project
Yes No
Longitude:
-78.836426
Reviewing Office*
Fayetteville Regional Office - [phone]
1c. Primary Contact Phone:*
[phone]
O
Is this project a public transportation project?*
Yes No

1a. Type(s) of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
Yes
No
1b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number: 18 - Minor Discharges
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
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
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
fig. 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
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:
Public (City) ROW and easements to be acquired
2b. Deed book and page no.:
401 Water Quality Certification - Express
Riparian Buffer Authorization
2c. Contact Person:
Byron Reeves
2d. Address
Street Address
433 Hay Street
Address Line 2
City
State / Province / Region
Fayetteville
NC
Postal/Zip Code
Country
28301
USA
Yes No
Yes No

2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Philip May
4b. Business Name:
Inver Environmental Consulting, LLC
4c.Address
Street Address
102 W 3rd St
Address Line 2
Suite 1000
city
Winston-Salem
Postal / Zip Code
27023
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:
Fayetteville NC
2. Proiect Identification
2a. Property Identification Number:
Public (City) ROW
2c. Project Address
Street Address
905 Locks Creek Road
Address Line 2
city
Fayetteville
Postal / Zip Code
28312
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Locks Creek (near Vander)Index 18-32
3b. Water Resources Classification of nearest receiving water:
C
3c. What river basin(s) is your project located in?*
Cape Fear
3d. Please provide the 12-digit HUC in which the project is located.
030300040707
4. Project Description and History
2f. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
2b. Property size:
0.7 acre
State / Province / Region
NC
Country
USA
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: *
The site is an existing crossing of Locks Creek Road over Locks Creek. The existing culvert is a 60-inch reinforced concrete pipe (RCP). Upstream Locks Creek is backwater with wetland
vegetation, while downstream it is an open stream channel. Surrounding land use is residential and commercial development.

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:
0.012
4g. List the total estimated linear feet of all existing streams on the property:
47
4h. Explain the purpose of the proposed project:*
The purpose of this drainage improvement project is to alleviate flooding issues experienced at the road crossing during storm events. The currently undersized 60-inch RCP creates
downstream scour as the existing culvert discharges at high velocity, while also flooding over Locks Creek Road resulting in access issues for the existing neighborhood.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The proposed improvements include replacing the 60-inch RCP with a 5.75 ft high, 14 it wide concrete box culvert which provides adequate passage of storm flows. In addition, Locks
Creek Road grade will be raised from east of Cedar Creek Rd to Carriage Rd approximately 0.8 vertical feet to prevent flooding during larger storm events. Utilities requiring relocation will
be constructed in the roadside fill slopes and avoid impacts. Standard construction equipment is likely to be used.
The proposed culvert will be set 1.5 feet beneath the existing stream bed elevation with 1 ft of riprap above that, resulting in the elevation being maintained in the bed. The width of the
proposed culvert (14 ft) matches the stream bed width down from the immediate project area (which is wider due to scour). Dewatering will be used to allow construction in the dry as
shown in the attached plans.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?
Yes No O Unknown
Comments:
Site delineation performed Aug 23, 2023.
5b. If the Corps made a jurisdictional determination, what type of determination was made?
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
6. Future Project Plans
6a. Is this a phased project?*
Yes
Phil May
Inver Environmental Consulting, LLC
See delineation form and photos
(0) 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?
This is a stand-alone project to address stormwater issues at the existing crossing.
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
W1
2a1 Reason (?)
Construction Access
2b. Impact type*(?)
T
2c. Type of W. *
Non -Tidal Freshwater Marsh
2d. W. name
WA
2e. Forested *
No
2f. Type of Jurisdicition *
?)
Both
2g. Impact
area
0.008
(acres)
ff7l
lvert
P
Non -Tidal Freshwater Marsh
WA
No
Both
0.004
(acres)
2g. Total Temporary Wetland Impact
0.008
2g. Total Wetland Impact
0.012
2g. Total Permanent Wetland Impact
0.004

2i. Comments:
W1 Construction access includes dewatering activities. W2 is proposed riprap to prevent erosion and maintain upstream elevations at the culvert inlet.
3. Stream Impacts
3a. Reason for impact (?)
3b.lmpact type"
3c. Type of impact*
3d. S. name*
3e. Stream Type*
3f. Type of
3g. S. width
3h. Impact
❑
(?)
Jurisdiction*
length*
g1
Culvert
Permanent
Culvert
Locks Cr
Perennial
Both
19
Averege (feet)
(linear feet)
S2
Riprap
Permanent
Bank Stabilization J
Locks Cr
Perennial
Both
19
16
Average (feet)
(linear feet)
S3
Construction access ::1Temporary::]
Dewatering
Locks Cr
Perennial
Both
19
25
Averege (feet)
(linear feet)
31. Total jurisdictional ditch impact in square feet
0
3i. Total permanent stream impacts: 31. Total temporary stream impacts:
19 25
3i. Total stream and ditch impacts:
44
3j. Comments:
Riprap required in the bed at the culvert outlet as well as bank due to scour, therefore considered permanent (no loss) as it will be at stream bed
elevation. Proposed loss of Waters is 3 linear feet (0.001 acre) due to the proposed 68 If culvert replacing the existing 65 If culvert.
E. Impact Justification and Mitigation O
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The design allows for the replacement of the culvert in the same location, with only three feet of additional stream loss/increased culvert length to allow
for the raised roadway slopes to be tied into the headwalls. Removal of riprap (there is some present in the existing condition) from the bed of the stream
was evaluated but it is not practicable as some scour will still occur due to the size of the watershed.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Dewatering will be used to construct the culvert per the attached plans. Sediment and erosion control measures will be implemented to meet State and
City standards as detailed in the attached plans. Temporary impacts from construction will be minimized by the use of an off -site detour.
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:
Minor changes to existing structure resulting in less than 0.02 acre of stream bed loss and less than 0.1 acre of wetland
F. Stormwater Management and Diffuse Flow Plan (required by DWR) O
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the INC Riparian Buffer Protection Rules?
Yes
No
If no, explain why:
Project is located in the Cape Fear Basin below Jordan Lake.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes No
Comments:
No new impervious surface is associated with the project. Existing stormwater patterns will be retained and discharges will be into the riprap stabilized areas around the culvertto allow
dissipation of energy prior to entering the stream channel.
G. Supplementary Information
O

1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
Yes No
1b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina)
Environmental Policy Act (NEPA/SEPA)?*
Yes _ No
Comments:*
Local stormwater funds are being used to construct the project. No document is required.
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 project is a replacement of existing infrastructure with no transportation or utility improvements that would result in increased 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
5e. Is this a DOT project located within Division's 1-8?
Yes No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes No
Unknown
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
USFWS IPaC and NCNHP reports (attached), and on -site habitat review. No listed plants were observed during a site visit in August 2023 and none are
known to occur in the project vicinity. Tree clearing will be limited to several small hardwood trees at the edge of the stream (see photos) but no wooded
areas or pine stands will be affected. Aquatic habitat for Atlantic pigtoe is degraded due to lack of regular flow and backwater effects. The existing culvert
is small (60-inch), experiences frequent scour, and lacks evidence of bat usage.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
Yes No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?
NOAA Essential Fish Habitat Mapper
7. Historic or Prehistoric Cultural Resources (Corps Requirement)

7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status? *
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources? *
SHPO HPOWeb 2.0. No historic resources near the project site. Archaeological resources unlikely as project area is already developed as an existing
road crossing.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
Yes No
8c. What source(s) did you use to make the floodplain determination?*
NC Flood Mapping Program. Area is within the 500-year floodplain of the Cape Fear River.
Miscellaneous
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
LocksCreek_PCN_Attachments.pdf 41.79MB
File must be PDF or KMZ
Comments
Please see attached (the PDF has electronic bookmarks to navigate between sections):
Cover letter
- Agent Authorization Form
- Figures 1-6
Appendix 1: Delineation Information (Data Form, APT, & Photos)
-Appendix 2: IPaC report
-Appendix 3: NCNHP report
- Engineering Drawings
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:
Philip May
Signature
6�041/0 "W—J
Date
3/28/2024
Q