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HomeMy WebLinkAbout20081031 Ver 2_ePCN Application_20240708i 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# * 20081031 2 Is a payment required for this project?* No payment required What amount is owed?* Fee received $240.00 $570.00 Fee needed - send electronic notification $323.00 $767.00 Reviewing Office* Select Project Reviewer* Raleigh Regional Office - (919) 791-4200 Zachary Thomas:zachary.thomas Information for Initial Review la. Name of project: Goodwin Crossing 1a. Who is the Primary Contact? * Eagle Land LLC 1b. Primary Contact Email: * 1c. Primary Contact Phone:* Marlowebuildersl@gmail.com (919)971-2022 Date Submitted 7/8/2024 Nearest Body of Water Cabin Branch Basin Neuse Water Classification WS-IV. NSW Site Coordinates Latitude: Longitude: 36.093963-78.881459 A. Processing Information Is this project connected with ARPA funding? Yes No 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 O 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: 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 29 - Residential Developments 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 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 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: Eagle Land LLC 2b. Deed book and page no.: DB: 006629 PN:00007 2c. Contact Person: 2d.Address Street Address 3700 Computer Drive Address Line 2 Suite 280 city Raleigh Postal / Zip Code 27609 401 Water Quality Certification - Express Riparian Buffer Authorization State / Province / Region North Carolina Country USA Yes No Yes No 2e. Telephone Number: 2f. Fax Number: (919)971-2022 2g. Email Address:* Marlowebuildersl@gmail.com 4. Agent/Consultant (if applicable) 4a. Name: George Buchholz 4b. Business Name: Colliers Engineering & Design 4c.Address Street Address 2000 Regency Parkway Address Line 2 Suite 295 city State / Province / Region Cary North Carolina Postal / Zip Code Country 27518 USA 4d. Telephone Number: 4e. Fax Number: (919)475-3874 4f. Email Address:* George.buchholz@collierseng.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Town of Durham 2. Project Identification 2a. Property Identification Number: 2b. Property size: 0835534274, 0835429030, and 0835728668 82 2c. Project Address Street Address 1301 Goodwin Road Address Line 2 City State / Province / Region Durham North Carolina Postal / Zip Code Country USA 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Cabin Branch 3b. Water Resources Classification of nearest receiving water: WS-IV, NSW 3c. What river basin(s) is your project located in?* Neuse 3d. Please provide the 12-digit HUC in which the project is located. 030202010203 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 Proposed Project consists of 3 parcels of land that are associated with this PCN. Durham County Parcel Information Numbers (PIN) 0835534274 and 0835429030 comprise the residential subdivision. The offsite sanitary sewer crossing is located on PIN 0835728668 where it crosses Cabin Branch. The study area for the Proposed Project is approximately 82- acres in size and located at latitudinal coordinates 36.093963 and longitudinal coordinates-78.881459. The Proposed Project is located approximately 6.5-miles north of downtown . The Proposed Project contains two (2) major habitat community types: Maintained/Disturbed Areas and Forested Areas. The Maintained/Disturbed Areas have had past, intermittent, and/or regular maintenance activities. The Forested Areas can be broken down into two (2) habitat community types, and they are as follows: Dry-Mesic Oak -Hickory Forest and Wetland Areas. The Dry-Mesic Oak -Hickory Forest Areas are non -wetland areas and are the dominant habitat community type within the Proposed Project. The Dry-Mesic Oak -Hickory Forest Areas are dominated by white oak (Quercus alba), red oak (Quercus rubra), pignut hickory (Carya glabra), and tulip poplar (Liriodendron tulipifera) species. Other notable species observed within this community include American beech (Fagus grandifolia), red maple (Acer rubrum), Hophornbeam (Ostrya virginiana), sweet gum (Liquidambar styraciflua), labially pine (Pinus taeda), American holly (Ilex opaca), eastern red cedar (Juniperus virginiana), common greenbrier (Smilax rotundifolia), and Christmas fern (Polystichum acrostichoides). There are Wetland Areas within the Proposed Project that can be described as the following two (2) wetland types: Headwater Wetlands and Bottomland Hardwood Forested Wetlands. The U.S. Army Corps of Engineers (USACE) issued a Preliminary Jurisdictional Determination (PJD) on September 16, 2019 (USACE Action Id.: SAW-2019-01521) for the Goodwin Crossing residential development located on Durham County PINS 0835534274 and 0835429030. On February 9, 2024, CED conducted field investigations to identify potential jurisdictional Waters of the U.S. (WOTUS) and wetlands subject to Federal or State regulatory jurisdiction within the proposed study area of offsite sanitary sewer for the Goodwin Crossing residential development. A total of 2.68 acres of wetland and 276-feet of stream were delineated within the study area by CED on February 9, 2024. It is CED's professional opinion that the wetland and stream features within the study area of offsite sanitary sewer would be considered jurisdictional WOTUS and wetlands. A PJD request package for the Goodwin Crossing Offsite Sanitary Sewer is attached. The North Carolina Department of Environmental Quality - Division of Water Resources (NC DWR) issued a Buffer Determination Letter (RRO #19-112) on March, 2019 for the Goodwin Crossing residential development located on Durham County PINs 0835534274 and 0835429030. NC DWR issued an updated Buffer Determination Letter (DWR Project 24-186) on June 25, 2024 for the Goodwin Crossing residential development located on Durham County PINS 0835534274 and 0835429030. NC DWR issued a Buffer Determination Letter (DWR Project 24-095) on April 10, 2024 for the Goodwin Crossing Offsite Sanitary Sewer. 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: 4.16 acres 4g. List the total estimated linear feet of all existing streams on the property: 5,830 linear feet 4h. Explain the purpose of the proposed project: * The City of Durham and Durham County has been experiencing economic expansion for several years; and as a consequence, the County is experiencing a lack of residential accommodations due to increased population growth. The purpose and need of the Proposed Project is to construct an affordable and family friendly residential subdivision (known as the Goodwin Crossing) with community cohesion and the necessary amenities and infrastructure within Durham which is experiencing a population increase. The Proposed Project will contain its own public utilities; and therefore, is an independent project and considered a single and complete project with appropriate land use control measures in place for specific areas which require them. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: The Proposed Project will consist of residential family lots with amenities in addition to a roadway network, stormwater control measures (SCMs), and utility improvements (i.e. sanitary sewer, water main, electrical powerline). The Proposed Project will be served by public roads, public water, and public sewer. The Proposed Project will involve the addition of an offsite sanitary sewer to be connected to an existing public sanitary sewer located to the east. The Proposed Project will connect to Goodwin Road from the south and north. The Proposed Project is a single and complete project with appropriate land use control measures in place for specific areas which require them. Traditional equipment will be used consisting of front- end loaders, bulldozers, paving equipment, graders, and earth movers. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No Comments: The U.S. Army Corps of Engineers (USACE) issued a Preliminary Jurisdictional Determination (PJD) on September 16, 2019 (USACE Action Id.: SAW-2019-01521) for the Goodwin Crossing residential development located on Durham County PINS 0835534274 and 0835429030. On February 9, 2024, CED conducted field investigations to identify potential jurisdictional Waters of the U.S. (WOTUS) and wetlands subject to Federal or State regulatory jurisdiction within the proposed study area of offsite sanitary sewer for the Goodwin Crossing residential development. 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-2019-01521 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): George Buchholz Agency/Consultant Company: Colliers Engineering and Design Other: Spangler Environmental, Inc. O Unknown 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR USACE: PJD — September 16, 209; NC DWR Buffer Determination: Buffer Determinations — March 8, 2019; June 25, 2024; and April 10, 2024 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? The Proposed Project will contain its own public utilities; and therefore, is an independent project and considered a single and complete project with appropriate land use control measures in place for specific areas which require them. 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 0 2a1 Reason (?) 2b. Impact type* (?) 2c. Type of W. 2d. W. name 2e. Forested" 2f. Type of Jurisdicition* ?) 2g. Impact area �7777] Mechanized Clearing ��T Bottomland Hardwood Forest _] W-1 (Offsite Sanitary Sewer Delineation) Yes Both 0.430 (acres) 2g. Total Temporary Wetland Impact 0.430 2g. Total Wetland Impact 0.430 2g. Total Permanent Wetland Impact 0.000 2i. Comments: There will be a total of 0.43-acres of forested wetland impacts associated with a 30-foot maintained sewer easement located within the northeastern section of the Proposed Project. These forested wetland impacts are considered temporary; however, these impacts will permanently convert the wetlands from forested to emergent wetland conditions (i.e. temporary/permanent conversion). 3. Stream Impacts 3a. Reason for impact (?) 3b.lmpact type" 3c. Type of impact"name* 3e. Stream Type* 3f. Type of 3g. S. width 3h. Impact (?) Jurisdiction* length* gf Crossing / Culvert Permanent Culvert Stream 4 Intermittent Both 92 Averege (feet) (linear feet) S2 Fill (Include Riprap) Permanent Rip Rap Fill Stream 4 Intermittent Both 18 Average (feet) (linear feet) S3 Workpad / Causeway Temporary Workpad/Causeway Stream 4 Intermittent Both Averege ((eeQ (linear feet) 31. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 110 31. Total stream and ditch impacts: 118 31. Total temporary stream impacts: 8 3j. Comments: A total of 0.019-acres (110.2 linear feet) of jurisdictional Waters of the U.S. (WOUS) will be permanently impacted by the Proposed Project associated with a road crossing located on within the southern section. Of the 0.019-acres of permanent jurisdictional WOUS impacts, 0.016-acres (92.1 linear feet) is associated with construction of a culvert (i.e. permanent impact) and 0.003-acres (18.1 linear feet) is associated with the placement of rip -rap that will be embedded at the existing stream bed elevation (i.e. permanent - no loss). Construction of the road crossing will require 0.001-acres (7.5 linear feet) of temporary jurisdictional WOUS impacts (i.e. work pad/causeway). 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 Crossing / Culvert / Bridge P Stream 4 No 6,874 3,959 Crossing / Culvert / Bridge P Stream 3 No 1,955 1,228 Crossing Culvert /Bridge :T__1 S-1 (Offsite Sanitary Sewer Delineation) No 2,630 3,395 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: 0.00 0.00 Zone 1 Zone 2 Total Permanent impacts: 11,459.00 8,582.00 Zone 1 Zone 2 Total combined buffer impacts: 11,459.00 8,582.00 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: Impacts to jurisdictional features have been avoided and minimized to the maximum extent practicable by incorporating resourceful site planning, including the utilization of the wetland delineation to adjust the layout to avoid and minimize impacts. Avoidance and minimization measures were also accomplished during the design phase of the Proposed Project. The proposed impacts result in the least impacts to Waters of the U.S. while meeting the purpose and need. The Applicant has avoided and minimized impacts to the greatest extent practicable given the purpose, need, and goals of the Proposed Project. The proposed impacts are required in order for the Proposed Projects goals to be achieved. A variety of alternatives were examined; however after further analysis of these alternatives, it was determined that there would be impacts to Waters of U.S. and wetlands. The Preferred Alternative was ultimately chosen since it was deemed suitable in achieving the purpose and need of the Proposed Project while at the same time avoiding and minimizing impacts to Waters of U.S. and wetlands. A "No Action' alternative is considered to be one that avoids all wetland and stream impacts. Due to the constraints dictated by site topography and land -grading requirements, this project cannot be downsized or shifted to avoid all jurisdictional areas and still satisfy the Proposed Project's purpose and need. Additionally, due to the necessary area needed for a residential subdivision development, it has proven to be extremely difficult to locate a similar project at a different location where no jurisdictional areas occur within Durham. A "No Action" decision would result negatively to the increased population growth demands that is currently being experienced within Durham. In addition, there are portions of the project site have a history of disturbances from previous timbering activities. Therefore, it is reasonable to assume that utilizing this project site for a residential subdivision would be more appropriate than attempting a similar type of project on an undisturbed property. The "No Action' alternative is not capable of achieving the basic purpose and need of the Proposed Project; and therefore, is not a reasonable alternative. A variety of alternatives were examined to maximize the amount of residential lots within the project site. Each alternative, including the Preferred Alternative (Proposed Project), involves the addition of an off -site sanitary sewer to be connected to an existing sanitary sewer located to the east. Alternatives that were examined included the potential expansion of residential lots; however, these alternatives were deemed not practical since they could result in additional impacts to a wetlands, streams, and buffers. Ultimately, the alternatives were deemed not suitable in achieving the purpose and need of the Proposed Project while at the same time avoiding and minimizing impacts to Waters of U.S. and wetlands located within the project site. Offsite sanitary sewer alignments were examined to service the residential subdivision. There is an existing public sanitary sewer located to the east of the residential subdivision. Efforts were made to keep the proposed sewer outfall underground and following the City of Durham RGD standards on slope, pipe size and cover, but the existing sewer ouffall located on the Bemac Partners (REID:185940), USACE (REID:186002), and Judith Stafford (REID:186001) properties is too shallow for a fully underground connection. Various routes were analyzed in an attempt to stay underground but the existing wetlands in this area create a pinch point that can not be overcome resulting in significant encroachments into wetlands. An alternative (Preferred Alternative), proposes extending the sanitary sewer alignment east and into the City of Durham property and crossing a wetland complex associated with Cabin Branch via aerial and tying to the existing sewer line. This alternative has the least amount of wetland encroachments as compared to other alternatives examined. In addition, all attempts to minimize the length of aerial crossing have been analyzed. Although the proposed aerial crossing is approximately 650-feet long, with a manhole in between, the Applicant is willing to undertake the significant cost to build the aerial, as a last practical alternative to serve the proposed residential development with sanitary sewer. This alternative will meet the RGFD Section 7.7 criteria for aerial crossings since there is no other practical alternative. Ductile Iron lock joint pipe will be used within a casing pipe at least 1- foot above the 10-year flow depth and above the 25-year flow depth, along with concrete supports/piers. O 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Proper sedimentation and erosion control methods will be utilized during all phases of construction and installation as described in accordance with the requirements of the North Carolina Department of Environmental Quality- Erosion and Sediment Control Planning and Design Manual and local codes. All work will take place during dry conditions and can be facilitated from high, non -jurisdictional, stable ground. The contractor shall install temporary construction entrances, silt fence, inlet and outlet protection, temporary diversion ditches, temporary slope drains, temporary skimmer sediment basins, sediment basin baffles, temporary sediment traps, and rip -rap outlet protection only as necessary to install devices. All erosion and sediment control measures will be checked for stability and operation following every runoff producing rainfall, but in no case less than once every week. Any needed repairs will be made immediately to maintain all measures designed. An erosion control inspections report is required and will be kept by the owner's representative. Temporary seeding and permanent seeding plans are included to restore impacted areas. The project will meet all relative requirements of Best Management Practices and Engineered Stormwater Control Structures as outlined through State and Local Stormwater Rules. Measures will be taken to prevent oil, tar, trash, debris and other pollutants from entering the adjacent jurisdictional features. Any excess excavated materials not utilized as back -fill will be placed and contained within upland areas and permanently stabilized to prevent erosion into adjacent jurisdictional features. Therefore, stockpiling of excavated material within jurisdictional Waters of the U.S. and wetlands will be strictly prohibited as part of the construction of this project. All project construction activities initiated within jurisdictional Waters of the U.S. and wetlands will be carried to completion in an expeditious manner to minimize the period of disturbance. The Proposed Project has minimized the possibility of indirect impacts through implementation of planning practices which reduce the influence of direct impacts on downstream water quality. Efforts to reduce indirect impacts generally include: 1. Avoidance/minimization of direct wetlands/waters impacts through innovative site planning and utilization of confirmed wetland delineation 2. Avoidance/minimization of partial wetland/stream impacts 3. Avoidance/minimization of impacts to primary drainage ways and floodplains 4. Strict adherence to all state and local stormwater and sediment control measures 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 2c. If yes, mitigation is required by (check all that apply): DWR Corps 2d. If yes, which mitigation option(s) will be used for this project? Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Clearwater Mitigation Solutions 3b. Credits Purchased/Requested (attach receipt and letter) Type: Quantity: Riparian wetland 0.43 acres 3c. Comments There will be a total of 0.43-acres of palustrine forested wetlands (PFO) that will be temporarily impacted/permanently converted as a result of permanently maintained 30-foot sanitary sewer easement. Although these forested wetlands will be impacted temporarily, these impacts will permanently convert the wetland from forested to emergent wetland conditions. Therefore, the Applicant proposes to compensate for temporary/permanent conversion wetland impacts at a 1:1 ratio. All compensatory mitigation for unavoidable wetland impacts can be satisfied by purchasing credits from the Clearwater Mitigation Solutions in the amount of 0.43 Wetland Mitigation Units (WMU) to satisfy the Proposed Project's compensatory mitigation obligations. A Statement of Availability letter dated June 20, 2024 for wetland credits is provided by Clearwater Mitigation Solutions. 6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more information Yes No 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 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 NC DOT 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 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 2d. Which of the following stormwater management program(s) apply: Local Government State Local Government Stormwater Programs Phase II NSW USMP Water Supply Please identify which local government stormwater program you are using. Durham Comments: All proposed impervious development associated with this project will be routed to the proposed stormwater control measures for the purpose of meeting detention and nutrient treatment requirements. Since the proposed site drains to Cabin Branch, nitrogen export calculations, phosphorus export calculations, and 85 % TSS removal will be required within the Lower Neuse Basin. The site is also required to meet the 50 % overall treatment required within the Falls Lake Watershed. The proposed land use for the site is less than 35 % impervious and the total site area contributes less than 10 % of the total watershed based on an analysis point of where Cabin Creek exits the site at the northeastern corner of the property. Therefore, this site is only required to provide detention to reduce peak flow rates for the 1-year storm. Per City of Durham regulations, stormwater management on this site shall meet the stormwater management performance standards for development set forth in Durham City Code Chapter 70, Article X, Sections 70-736 through 70-741 (effective May 21, 2019). 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 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 Goodwin Crossing and offsite sewer alignment is a single and complete project with appropriate land use control measures in place for specific areas which require them. Impacts to jurisdictional features have been avoided and minimized to the maximum extent practicable by incorporating resourceful site planning, including the utilization of the wetland delineation to adjust the layout to avoid and minimize impacts. The proposed impacts are the result of the necessary infrastructure and facility layout, without which, the project's goals would not be achieved. 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 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 a 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 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? A review of publicly available databases regarding the potential occurrence of federally protected species was conducted. Initially, a USFWS List of Endangered Species, Threatened Species, Federal Species of Concern and Candidate Species for Durham County was reviewed. A refined search, using the USFWS Information for Planning and Consultation (IPaC) database, was also reviewed to provide a more detailed list of species and critical habitat under USFWS jurisdiction that are known or expected to occur on or near the Proposed Project. In addition, information from the North Carolina Department of Natural and Cultural Resources - Natural Heritage Program (NCNHP) was gathered regarding the potential occurrence of federally protected species and evaluate potential vegetative community assemblages within the Proposed Project. CED conducted a Threatened and Endangered Species Habitat Assessment for the Proposed Project. Based on the Habitat Assessment for the Proposed Project, optimal time to survey was not conducted for the following species: Tricolored Bat (Perimyotis subflavus), Neuse River Waterdog (Necturus lewisi), Carolina Madtom (Noturus furiosus), Atlantic Pigtoe (Fusconaia masoni), Michaux's Sumac (Rhus michauxii), and Smooth Coneflower (Echinacea laevigata). Based on the on -site field investigations, suitable habitat is marginal and limited to areas along Goodwin Road for the following species: Michaux's Sumac and Smooth Coneflower. Suitable habitat may be present within perennial stream systems for the following species: Neuse River Waterdog, Carolina Madtom, and Atlantic Pigtoe. Suitable habitat for the Tricolored Bat is located within the Proposed Project. The following species have had documented occurrences within a one -mile radius of the Subject Property according the North Carolina Department of Natural and Cultural Resources - Natural Heritage Program (NCNHP): Neuse River Waterdog, Carolina Madtom, and Smooth Coneflower. Therefore, it is believed that a biological finding of any future project is "May Affect; Not Likely To Adversely Affect" for the Tricolored Bat, Neuse River Waterdog, Carolina Madtom, Atlantic Pigtoe, Michaux's Sumac, and Smooth Coneflower. It should be noted that the Monarch Butterfly (Dana plexippus), is also listed for the Subject Property; however, it is a Candidate species and is not afforded any specific legal protection at this time. 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? See 5j above. 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?" Information was gathered as part of the desktop review to identify previously recorded cultural resources within a 1-mile radius of the Proposed Project. The background review consisted of a cultural resources and literature review of the Proposed Project. Qualified personnel visited the Division of Historical Resources, Office of State Archaeology within the North Carolina Department of Natural and Cultural Resources to review data for any previously recorded surveys, historic or prehistoric sites, and cemeteries located in or near the Project. Additionally, the NC Historic Preservation Office's HPOWEB viewer, a public online database, was viewed to identify publicly available information on historic structures, historic districts, and NRHP-listed properties located in or near the Project. Site files, relevant maps, aerial photographs, topographic maps, and the NRCS Web Soil Survey were also examined for historical and environmental information related to the Proposed Project. The background review, consisting of a compilation of known above -ground historic resources revealed that there is one cultural resource located adjacent to the Proposed Project. The Goodwin Road Log House is located adjacent to the central portion of the Proposed Project area just outside of the APE. Additionally, there are eight other cultural resources located within a 1-mile (1.6 km) radius of the Proposed Project. These include eight historic structures. Based on the information provided and the results of this desktop assessment, CED has determined there are limited cultural concerns with the proposed undertaking. The Proposed Project will not directly effect any cultural resources located near the Proposed Project. 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 FIRM Map FIRM number 3720083500K (panel 0835) dated October 19, 2018. A proposed Sanitary Sewer Extension for Goodwin Crossing (Site Plan #D2300173 and CD #D2100326), located in the City of Durham, North Carolina has been studied to ensure that the proposed improvements to be constructed in the vicinity of Cabin Branch, as depicted in this report, will not increase the base flood elevations for Cabin Branch — mapped as Special Flood Hazard Areas in the effective FIRM number 3720083500K (panel 0835) dated October 19, 2018. The proposed development within the floodway will consist of the addition of piers for an aerial sanitary sewer line, the associated maintenance easement, and manhole structures. The engineer's analysis is based on the best available technical data and Letters of Map Change provided from the state and FEMA. This No Rise was originally submitted to the City of Durham on April 26, 2024. It was resubmitted on June 19, 2024, and is expecting approval by September of 2024. Miscellaneous 8 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 Combined Impacts.pdf 6.07MB 24006169A Pre -Construction Notification - Goodwin Crossing.pdf 34.88MB File must be PDF or KMZ Comments 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: George Buchholz Signature L�. i Date 7/8/2024