20191495 Ver 1_PCN Form Submission_20191104

DWR
IDIOM n of Water Resources
Pre -Construction Notification (PCN) Form
September 29, 2018 Ver 3
21nitial Review
Has this project met the requirements for acceptance in to the review process?*
r Yes
r No
Is this project a public transportation project?*
C Yes r No
Change only if needed.
BIMS # Assigned
20191495
Is a payment required for this project?*
r No payment required
r Fee received
r Fee needed - send electronic notification
Reviewing Office*
Central Office - [phone]
Information for Initial Review
1a. Name of project:
U-5537 Lake Pine Drive Improvements
1a. Who is the Primary Contact?*
Russell Dalton
1b. Primary Contact Email:*
[e-mail]
Date Submitted
11/4/2019
Nearest Body of Water
Williams Creek
Basin
Neuse
Water Classification
WS-III; NSW
Site Coordinates
Latitude: Longitude:
35.7466-78.8159
FA. Processina Information
County (or Counties) where the project is located:
Wake
Is this project a public transportation project?*
r Yes r No
Is this a NCDOT Project?*
r Yes r No
(NCDOT only) T.I.P. or state project number:
t15537
WBS # (?)
44112.1
1a. Type(s) of approval sought from the Corps:
Version# *
1
What amout is owed?*
r $240.00
r $570.00
Select Project Reviewer*
Rob Ridings:eads\rgridings
1c. Primary Contact Phone:*
[phone]

W Section 404 Permit (wetlands, streams and waters, Clean Water Act)
r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
1b. What types) of permit(s) do you wish to seek authorization?
W Nationwide Permit (NWP)
r' Regional General Permit (RGP)
r' Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
r Yes r No
Nationwide Permit (NWP) Number: 14 - Linear transportation
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
rJ 401 Water Quality Certification - Regular
F Non-404 Jurisdictional General Permit
F Individual Permit
le. Is this notification solelyfor the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
F 401 Water Quality Certification - Express
W Riparian Buffer Authorization
1f. Is this an after -the -fact permit application?*
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
Acceptance Letter Attachment
Town of Apex TIP U-5537 Acceptance Letter.pdf
1h. Is the project located in any of NC's twenty coastal counties?
r Yes r No
1j. Is the project located in a designated trout watershed?
r Yes r No
B. Applicant Information
1d. Who is applying for the permit?
P Owner r Applicant (other than owner)
le. Is there an bent/Consultant for this project?*
r Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
Town of Apex
2b. Deed book and page no.:
2c. Responsible party:
Russell Dalton
2d. Address
Street Address
PO Box 250
Address Line 2
City
State / F rovince / Region
Apex
NC
Postal / Zip Code
Country
27502
US
2e. Telephone Number:
2f. Fax Number:
[phone]
82.32KB
*
r Yes r No
r Yes r No

2g. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Phil May
4b. Business Name:
Carolina Ecosystems
4c.Address
Street Address
3030 NC FMy 42 West
Address Line 2
City
Clayton
Postal / Zip Code
27520
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
Agent Authorization Letter*
U5537_CEI Access and Agent Authorization Form_Signed.pdf
C. Project Information and Prior Project History
1. Project Information
State / province / Faagim
NC
Country
US
4e. Fax Number:
1b. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Apex
2. Project Identification
2a. Property Identification Number:
2b. Property size:
0752289038
9.2
2c. Project Address
Street Address
Lake Pine Drive
Address Line 2
C7ly
State / province / F�egicn
Apex
NC
Postal / Zip Code
O�ntry
27502
USA
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Williams Creek
3b. Water Resources Classification of nearest receiving water:*
WS-III; 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.
030202011001
4. Project Description and History
167.76KB
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:*
Land use in the vicinity consists primarily of residential and commercial development along with a Town park and forested areas.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*

r Yes G No r Unknown
4d. Attach an 81/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR)
U5537_PCN_USGS_Figure.pdf 560.27KB
4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR)
U5537_PCN_NRCS_Figure.pdf 1.88MB
4f. List the total estimated acreage of all existing wetlands on the property:
0.27
4g. List the total estimated linear feet of all existing streams on the property:
726
4h. Explain the purpose of the proposed project:*
The Town of Apex and the North Carolina Department of Transportation (NCDOT) propose improvements to SR 1521 (Lake Pine Drive) from east of Pine Plaza Drive/MacGregor Pines
Drive to the Apex/Cary Town limits (northeast of Versailles Drive). This project is included in the current State Transportation Improvement Program (STIP) as Project U-5537.
Improvements are needed to approximately 1,500 feet of Lake Pine Drive to make the roadway geometrically consistent with the existing roadway at the northern terminus and provide
bicycle and pedestrian connections.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The Town of Cary re -striped Lake Pine Drive from Cary Parkway to the Cary/Apex town limit (northern terminus of Project U-5537). Project U-5537 will match the reconstructed section,
adding a bicycle lane in each direction, an auxiliary (turn) lane, a 10-foot paved multi -use path on the east side, a 5-foot sidewalk on the west side, and a high -visibility crosswalk Wth
refuge area at Versailles Drive. One travel lane in each direction will remain (no capacity added). The proposed project is consistent with the Town of Apex and Town of Cary local
plans. The existing culvert carrying Williams Creek under Lake Pine Drive through two 96" CMPs will be replaced with two 14'x8' RCBC with headwalls. Construction will be accomplished
using typical equipment potentially including excavators, graders, and dump trucks. Additional equipment may be used as required.
4j. Please upload project drawings for the proposed project.
U5537_Roadvmy_Plans.pdf 2.49MB
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes r No r Unknown
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
r Preliminary r Approved r Not Verified r Unknown r WA
Corps AID Number:
SAW-2019-01137
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Brian Smith
Agency/Consultant Company: Carolina Ecosystems, Inc.
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
5d1. Jurisdictional determination upload
SAW-2019-01137 Preliminary JD.PDF 907.85KB
6. Future Project Plans
6a. Is this a phased project?*
r Yes r 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 project ties into the Town of Cary re -striping but no additional work is anticipated on the roadway or adjacent sections.
D. Proposed Impacts Inventory v
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
P Wetlands 9 Streams -tributaries W Buffers
r Open Waters r Pond Construction
2. Wetland Impacts

2a1 Reason (?) 2b. Impact type * l' 2c. Type of W. * 2d. W. name * 2e. Forested* �2f. Type of 2g. Impact
Jurisdicition*(?) area*
=tv--y Fill 7AP Headwater Forest WD Yes Corps 19=1
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.010
2h. Comments:
3. Stream Impacts
2g. Total Permanent Wetland Impact
0 010
F1
3a. Reason for impact (?)
3b.lmpact type *
3c. Type of impact*
3d. S. name*
3e. Stream Type *
(?)
3f. Type of
Jurisdiction*
3g. S. width *
3h. Impact
length*
S1
Roadway Fill
Y
Permanent
Relocation
UT to Williams Creek
Intermittent
Both
3
175
Average (feet)
(linear fed)
Roadway Fill
Y
Tem ora
P rYAverage
Relocation
lliams Creek
Fo
Intermittent
Both
(feet)
(iinear fed)
S3
Bank Stabilization
Tem ora
p rY
Bank Stabilization
Williams Creek
Perennial
Both
15
102
Average (Fed)
(linear fed)
�
Bank Stabilization
Tem ora
P ry
Bank Stabilization
Williams Creek
Perennial
Both
15
17
Average (feet)
(linear feet)
FTIvertP
Replace
Permanent
Culvert
Williams Creek
Perennial
Both
15
58
Average (feet)
(linear fed)
3i. Total jurisdictional ditch impact in square feet
0
31. Total permanent stream impacts:
31. Total temporary stream impacts:
233
210
31. Total stream and ditch impacts:
443
3j. Comments:
It is understood that bank stabilization is considered a permanent impact, but is labeled as temporary above since no permanent loss of waters is
associated Wth that impact.
6. Buffer Impacts (for DWR)
6a. Project is in which protect basin(s)?
Check all that apply.
P Meuse
r" Tar -Pamlico
r" Catawba
r" Randleman
r- Goose Creek
r Jordan Lake
r Other
6b. Impact Type 6c. Per or Temp 6e. Buffer mitigation required? 6f. Zone 1 impact 6g. Zone 2 impact 6d. Stream name
Site 1 - Roadway Fill - Allowable w/ mitigation
P
UT to Williams Creek
Yes
7,112
1,234
Site 2 -Road Crossing -Allowable
P
Williams Creek
hb
8,182
4,132
Site 3 - Greenway - Allowable
P
Apex Lake
No
283
4,646
6h. Total buffer impacts:
Zone 1 Zone 2
Total Temporary impacts: 0.00 0.00
Zone 1 Zone 2
Total Permanent impacts: 15,577.00 10,012.00
Zone 1 Zone 2
Total combined buffer impacts: 15,577.00 10,012.00

6i. Comments:
Supporting Documentation
U-5537_Permit Drawings_20170331.pdf
U-5537_Buffer Permit Drawings _20191009.pdf
E. Impact Justification and Mitigation
1. Avoidance and Minimization
1.7MB
1.08MB
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Avoidance of the parallel stream impact (Site 1) was not practicable due to the presence of the Section 4f park to the west. Method II clearing is
proposed for Site 1 to reduce permanent impacts to streams and wetlands. Side slopes at stream crossings are 2:1 to minimize impacts. The proposed
culvert will be embedded in the stream channel to ensure aquatic passage, and stormwater BMP's will be implemented and conform to the
requirements of the %use River buffer rules.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Sediment and erosion control measures will be implemented according to NC requirements. Jurisdictional areas that are not permitted to be impacted
and are adjacent to construction areas will be clearly marked with protection fencing or other similar methods to avoid inadvertent encroachment.
Copies of the issued permits will be provided to the prime contractor and all subcontractors working in or near jurisdictional areas.
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?
r Yes r No
2c. If yes, mitigation is required by (check all that apply):
,R DWR P Corps
2d. If yes, which mitigation option(s) will be used for this project?
j— Mitigation bank W Payment to in -lieu fee r Permittee Responsible
program Mitigation
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
r Yes r No
4b. Stream mitigation requested:
(linear feet)
233
4d. Buffer mitigation requested (DWR only):
(square feet)
7,720
4f. Non -riparian wetland mitigation requested:
(acres)
0
4c. If using stream mitigation, what is the stream temperature:
warm
4e. Riparian wetland mitigation requested:
(acres)
0
4g. Coastal (tidal) wetland mitigation requested:
(acres)
0
4h. Comments
NCDMS request was made for total amount of loss of stream and riparian buffer. Riparian buffer mitigation credits will be purchased through mitigation
bank first, as noted in section below.
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.
r Yes r No
6b. If yes, then identify the square feet of impact.
....................
r7Meason for impact
6d. Total impact
(square feet)
Multiplier
6e. Required mitigation
(square feet)
Zone 1
Road fill parallel impact
6,486
3
19,458
Zone 2 Road fill parallel impact 1.234 1.5
6f. Total buffer mitigation required
21309
1,851
6g. If buffer mitigation is required, is payment to a mitigation bank or NC Division of Mitigation Services proposed?

r Yes r No
6h. Attach the acceptance letter from the mitigation bank or NC Division of Mitigation Services.
Buffer SOA - NCDOT TIP L15537 Lake Pine Drive Improvement.pdf 124.6KB
6j. Comments:
For Buffer Site 1, the 6,486 square feet of BZ1 impact requiring mitigation is derived by subtracting 626 square feet of wetlands in BZ1 from the 7,112
square feet of Zone 1 impacts shown above in Section D6.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
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?
r Yes r No
What type of SCM are you providing?
r Level Spreader
r Vegetated Conveyance (lower SHWT)
r Wetland Swale (higher SHWT)
P Other SCM that removes minimum 30 % nitrogen
i— Proposed project will not create concentrated stormwater flow through the buffer
Diffuse Flow Documentation
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
r Yes r No
Comments:
Please see the stormwater management plan attached to the permit drawings. BMPs will be constructed in compliance with the Neuse River watershed rules in the locations shown on
the attached site plan. NCDOT has reviewed and approved the stormwater management design.
Pre -formed scour holes (PSH) and dissipater pads have been provided at stormwater outlets to reduce velocities and provide diffuse flow. Two of these outlets are located within the
buffers for the following reasons:
Station 16 PSH is located at the toe of slope in a flat area within Zone 2. Moving it outside the buffer would release stormwater on a slope.
Station 18+40 outlet and pad have been moved up slope as far as possible from the low point at 18+80.
Lateral base ditches are provided on the northeast side of Williams Creek to address existing erosion and scour, and ensure existing roadside stormwater flowdoes not erode banks or
create sedimentation.
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?*
r Yes r 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)? *
r Yes r No
Comments:
A Categorical Exclusion was prepared for this project and approved by FHWA on 8/31/16. A NEPA Consultation was approved by FHWA on 10/18/19.
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 (15ANCAC 2B .0200)? *
r Yes r No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
r Yes r No
3b. If you answered "no," provide a short narrative description.
The proposed road improvements will not increase capacity and therefore no cumulative impacts are anticipated to result from the project.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*

r' Yes (-- No r' 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? *
r Yes r No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
r Yes r No
5c. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
5d. Is another Federal agency involved?*
r Yes r No
What Federal Agency is involved?
FFWA
5e. Is this a DOT project located within Division's 1-8?
r Yes r No
r Unknown
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
USFWS IPaC Website https://ecos.Nws.gov/ipac, for Wake County, North Carolina Natural Natural Heritage Program Online Data Explorer, accessed
September 5, 2019, and onsite habitat review. FHWA approved the CE with a commitment to address the northern long-eared bat under NCDOT's Div
1-8 Programmatic Agreement.
An NRTR was prepared in support of this project. While only marginal habitat was present for Michau>ts sumac and red -cockaded woodpecker,
surveys were performed. No sumac was found in the project area, and no RCW nests were located in a 0.5 mile radius of the project.
Consultation Documentation Upload
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
r Yes r No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
NOAA EFH 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?*
r Yes r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
SHPO no comment letter.
7c. Historic or Prehistoric Information Upload
06 LL5537 NC SHPO Response Letter 11_26_21 100.711
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
r Yes r No
8c. What source(s) did you use to make the floodplain determination?*
FEMA Floodmap Service Center https://msc.fema.gov/portal/search
Miscellaneous
Comments
Miscellaneous attachments not previously requested.
Signature
W By checking the box and signing below, I certify that:
• 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
Date
11/4/2019