20210193 Ver 1_ePCN Application_20210210

I I DWR
Division of Water Resources
Pre-Construction Notification (PCN) Form
October 26,2020 Ver 3.3
Initial Review
Has this project met the requirements for acceptance in to the review process?*
6 Yes
✓ No
Is this project a public transportation project?*
0 Yes r No
Change only if needed.
BIMS#Assigned* Version#*
20210193 1
Is a payment required for this project?*
✓ No payment required What amout is owed?*
✓ Fee received r $240.00
6 Fee needed-send electronic notification G $570.00
Reviewing Office* Select Project Reviewer*
Central Office-[phone] Rob Ridings:eads\rgridings
Information for Initial Review
1a.Name of project:
Removal of Existing Maryland Avenue Bridge and Stream Bank Restoration
1a.Who is the Primary Contact?*
Erik Adkins
lb.Primary Contact Email:* 1c.Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
2/10/2021
Nearest Body of Water
Ellerbe Creek
Basin
Neuse
Water Classification
C;NSW
Site Coordinates
Latitude: Longitude:
36.02540 -78.92213
Pre-Filing Meeting Information
ID# Version
20210193 1
Pre-fling Meeting or Request Date*
1/28/2021
Attach documentation of Pre-Filing Meeting Request here:*
DWR Pre-Filing Meeting Request Form 2.pdf 57.07KB
A. Processing Information C^U
County(or Counties)where the project is located:
Durham

Is this a NCDMS Project
C- Yes f No
Is this project a public transportation project?*
6 Yes r No
Is this a NCDOT Project?*
C- Yes f No
1a.Type(s)of approval sought from the Corps:
[7 Section 404 Permit(wetlands,streams and waters,Clean Water Act)
n Section 10 Permit(navigable waters,tidal waters,Rivers and Harbors Act)
Has this PCN previously been submitted?*
C- Yes
✓ No
lb.What type(s)of permit(s)do you wish to seek authorization?
7 Nationwide Permit(NWP)
n Regional General Permit(RGP)
n Standard(IP)
1c.Has the NWP or GP number been verified by the Corps?
✓ Yes C' No
Nationwide Permit(NWP)Number: 03-Maintenance
Nationwide Permit(NWP)Number: 27-Restoration
NWP Numbers(for multiple NWPS):
Id.Type(s)of approval sought from the DWR:
17 401 Water Quality Certification-Regular n 401 Water Quality Certification-Express
n Non-404 Jurisdictional General Permit 17 Riparian Buffer Authorization
n Individual Permit
le.Is this notification solely for the record because written approval is not required? *
For the record only for DWR 401 Certification: C Yes 6 No
For the record only for Corps Permit: C Yes 6 No
lf.Is this an after-the-fact permit application?*
C- Yes (' No
1g.Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts?
C Yes r No
1g.Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts?
C' Yes C No
Acceptance Letter Attachment
lh.Is the project located in any of NC's twenty coastal counties?
C Yes r No
1j.Is the project located in a designated trout watershed?
C- Yes f No
B. Applicant Information
1d.Who is applying for the permit?
n Owner 17 Applicant(other than owner)
le.Is there an Agent/Consultant for this project?*
6 Yes No
2.Owner Information
2a.Name(s)on recorded deed:
City of Durham
2b.Deed book and page no.:
2c.Responsible party:

Erik Adkins
2d.Address
Street Address
101 City Hall Plaza
Address Line 2
atY State/Province/Region
Durham NC
Fbstal/Zip Code Country
27701 USA
2e.Telephone Number: 2f.Fax Number:
[phone]
2g.Email Address:*
[e-mail]
3.Applicant Information(if different from owner)
3a.Name:
Erik Adkins
3b.Business Name:
City of Durham
3c.Address
Street Address
101 City Hall Plaza
Address Line 2
at), Slate/Province/Region
Durham NC
Fbstal/Zip Code Country
27701 USA
3d.Telephone Number: 3e.Fax Number:
[phone]
3f.Email Address:*
[e-mail]
4.Agent/Consultant(if applicable)
4a.Name:
John Thomas
4b.Business Name:
Gannett Fleming
4c.Address
Street Address
One Glenwood Avenue,Suite 900
Address Line 2
(Sty State/Province/Region
Rlaeigh NC
Postal/Zip Code Country
27603 USA
4d.Telephone Number: 4e.Fax Number:
[phone]
4f.Email Address:*
[e-mail]
Agent Authorization Letter*
401 and 404 Delegation.pdf 102.19KB
C. Project Information and Prior Project History
1. Project Information
lb.Subdivision name:
(i appropriate)
1c.Nearest municipality/town:
Durham

2. Project Identification
2a.Property Identification Number: 2b.Property size:
0.9
2c.Project Address
Street Address
Maryland Avenue
Address Line 2
city State/Province/Rsgion
Durham NC
Postal/Zip code Country
USA
3.Surface Waters
3a.Name of the nearest body of water to proposed project:*
Ellerbe Creek
3b.Water Resources Classification of nearest receiving water:*
C;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.
030202010403
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 removal of the existing closed/abandoned(bridge has been closed over 20 years)Maryland Avenue bridge over Ellerbe Creek in the City of Durham,Durham County,North
Carolina.The project includes the removal of the bridge and its abutments,restoration/stabilization of the impacted stream banks,and repair of an existing storm water pipe outlet that
ran through the existing bridge abutment.(Bridge no.310233/Coordinates 36.02540-78.92213)
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 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site.(for DWR)
Topo Map.pdf 394.72KB
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)
Soils map 12 17 20 copy 2.pdf 1.22MB
4f.List the total estimated acreage of all existing wetlands on the property:
0.0
4g.List the total estimated linear feet of all existing streams on the property:
300
4h.Explain the purpose of the proposed project:*
The purpose of the project is the removal of the existing closed/abandoned Maryland Avenue bridge over Ellerbe Creek in the City of Durham,Durham County,North Carolina.The
existing bridge has been closed/abandoned for over 20 years.The bridge and abutments are in bad disrepair with the masonry abutments failing and falling into the creek.The bridge
decking is also rotten with sections of the decking also falling into creek.The bridge closed and in disrepair is a safety hazard to the public that visit an adjacent city park and greenway
trail adjacent to the bridge.
4i.Describe the overall project in detail,including indirect impacts and the type of equipment to be used:*
The project includes the removal of the Maryland Avenue bridge and its abutments,restoration/stabilization of the impacted stream banks,and repair of an existing storm water pipe
outlet that ran through the existing bridge abutment.The restored banks will be graded from the creek's edge,covered with geofabric and stabilized with rip-rap stone.The work will be
accomplish with the normal back-hoes and other heavy equipment associated with highway construction work.No detour will be needed for this project as the bridge has been closed for
over 20 years.The adjacent City Park operations will be barricaded from the construction operations for public safety from construction activities.
4j.Please upload project drawings for the proposed project.
310233_BUFFERT DRAWINGS.pdf 1.06MB
310233_PERMIT DRAWINGS.pdf 2.51MB
5.Jurisdictional Determinations
5a.Have the wetlands or streams been delineated on the property or proposed impact areas?*
(17 Yes r No O Unknown
Comments:
Delineation conducted by John Thomas,retired Wilmington District Regulatory Project Manager with
26 years experience with the Raleigh Regulatory Field Office.
5b.If the Corps made a jurisdictional determination,what type of determination was made?*
C Preliminary r Approved r Not Verified s Unknown r N/A

Corps AID Number:
5c.If 5a is yes,who delineated the jurisdictional areas?
Name(if known): John Thomas
Agency/Consultant Company: Gannett Fleming
Other:
5d1.Jurisdictional determination upload
6. Future Project Plans
6a.Is this a phased project?*
r 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?
No,single and complete project of bridge removal and bank restoration.
D. Proposed Impacts Inventory
1. Impacts Summary
1a.Where are the impacts associated with your project?(check all that apply):
✓Wetlands 17 Streams-tributaries 17 Buffers
I—Open Waters r Pond Construction
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*
S1 Stream Bank Restoration Permanent Excavation Ellerbe Creek Perennial Both 25 80
Average(feet) (linear feet)
32 Dewatering Temporary Dewatering Ellerbe Creek Perennial Both 25 80
Average(feet) (linear feet)
S3 Stream Bank Stabilization Permanent Rip Rap Fill Ellerbe Creek Perennial Both 25 122
Average(feet) (linear feet)
S4 Dewatering Temporary Dewatering Ellerbe Creek Perennial Both 25 122
Average(feet) (linear feet)
3i.Total jurisdictional ditch impact in square feet:
0
3i.Total permanent stream impacts: 3i.Total temporary stream impacts:
202 202
3i.Total stream and ditch impacts:
404
3j.Comments:
6. Buffer Impacts(for DWR)
6a.Project is in which protect basin(s)?
Check all that apply.
17 Neuse I—Tar-Pamlico
r Catawba I- Randleman
✓Goose Creek r 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
Stream Bank Stabilization/Restoration P Ellerbe Creek No 640 0
6h. Total buffer impacts:
Zone 1 Zone 2

Total Temporary impacts: 0.00 0.00
Zone 1 Zone 2
Total Permanent impacts: 640.00 0.00
Zone 1 Zone 2
Total combined buffer impacts: 640.00 0.00
6i.Comments:
Supporting Documentation
310233 BUFFERT DRAWINGS.pdf 1.06MB
310233_PERMIT DRAWINGS.pdf 2.51MB
E. Impact Justification and Mitigation
1.Avoidance and Minimization
1a.Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The bridge removal will remove and stabilize debris from the existing stream resulting an aquatic functional lift from the existing degraded conditions.
lb.Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The project construction will be conducted in compliance with the regional special conditions of Sec 401 and 404 permits including construction
staging on high ground,no construction equipment will be allowed in JD waters,appropriate erosion control devices will be constructed and
maintained,construction activities will be constructed in"the dry"with appropriate dewatering devices being constructed and maintained during
construction,safety fencing will be used to delineate environmentally sensitive areas,etc.No detour will be needed for this project as the bridge has
been closed for over 20 years.The adjacent City Park operations will be barricaded from the construction operations for public safety from
construction activities.
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 f No
2b.If this project DOES NOT require Compensatory Mitigation,explain why:
Jurisdictional impacts fall below thresholds of regional condition requirements for compensatory mitigation.
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?
6 Yes rNo
What type of SCM are you providing?
n Level Spreader
7 Vegetated Conveyance(lower SHWT)
r Wetland Swale(higher SHWT)
r Other SCM that removes minimum 30%nitrogen
I7 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 G No
2b.Does this project meet the requirements for low density projects as defined in 15A NCAC 02H.1003(2)?
r Yes r No
Comments:
Vegetated buffers will be maintained including ground disturbance areas planted with ground cover adjacent to the project.Project is being constructed in compliance with NCDOT
standards.
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 r No
lb.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:*
The project was reviewed and found in compliance with NCDOT Minimum Criteria Determination Checklist(MCDC)standards for public transportation
projects.
MCDC available on request.
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 involves the removal of a bridge and bank stabilization/restoration of resulting abutment removal.No other actions are associated with this
project.
4.Sewage Disposal(DWR Requirement)
4a.Is sewage disposal required by DWR for this project?*
✓ 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?*
• Yes rNo
5b.Have you checked with the USFWS concerning Endangered Species Act impacts?*
( Yes r No
5c.If yes,indicate the USFWS Field Office you have contacted.
Raleigh
5d.Is another Federal agency involved?*
✓ Yes ( No r 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
5g.Does this project involve bridge maintenance or removal?
( Yes rNo
5g(1).If yes,have you inspected the bridge for signs of bat use such as staining,guano,bats,etc.?
( Yes r No
If you answered"Yes"to 5g(1),did you discover any signs of bat use?
✓ Yes ( No r Unknown
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?

iPAC&FWS ECOS species profiles:Northern long-eared Bat(NLEB)(T)occurs in the mountains,with scattered records in the Piedmont and Coastal
Plain.In western North Carolina,NLEB spend winters hibernating in caves and mines.The USFWS has developed a programmatic biological opinion
(PBO)in conjunction with Federal Highway Administration(FHWA),the USAGE and NCDOT for the NLEB in eastern North Carolina.The PBO covers
the entire NCDOT program in Divisions 1-8,including all NCDOT projects and activities(this bridge has NCDOT bridge inventory number/bridge
310233).The programmatic determination for NLEB for the NCDOT program is"May Affect,Likely to Adversely Affect"(MALAA).The PBO provides
incidental take coverage for NLEB and will ensure compliance with Section 7 of the Endangered Species Act for five years for all NCDOT projects with
a federal nexus in Divisions 1-8,which includes Durham County./Neuse River waterdog(T/Proposed)is a permanently aquatic salamander that can
grow up to 11 inches long.It has a reddish-brown body with an irregular pattern of large blue or black spots.The Neuse River waterdog specific
habitat characteristics include low to moderate gradient streams and low current velocity.The species dwells in streams wider than 15 meters(or
about 45 feet)but has been found in smaller creeks.The proposed impacted jurisdictional feature is a deeply incised,severely degraded urban
stream.The stream channel is a heavily silted,very shallow(i.e.,approximately 1-foot water depth)and fast flowing stream.The surrounding
development contributes to flashy flows during normal storm events.The project study area does not include habitat for the Neuse River waterdog
(i.e.,no habitat/No Effect).//Carolina madtom(T/Proposed)is a small catfish,reaching a maximum length of nearly five inches.It has a distinct color
pattern of three dark saddles along its back connecting a wide,black stripe along its side extending from its snout to the base of its tail.The species
occurs in riffles,runs,and pools in medium to large streams and rivers.It inhabits fresh water with continuous,year-round flow with moderate gradient.
Substrate for the Carolina madtom is predominantly silt-free,stable,gravel and cobble bottom habitat.It must have cover for nest sites including
rocks,bark,relic mussels'shells and even cans and bottles.The proposed impacted jurisdictional feature is a deeply incised,severely degraded
urban stream.The stream channel is a heavily silted,very shallow(i.e.,approximately 1-foot water depth)and fast flowing stream.The surrounding
development contributes to flashy flows during normal storm events.The project study area does not include any habitat for the Carolina madtom(i.e.,
no habitat/No Effect).///Michaus sumac(E)is endemic to the inner Coastal Plain and lower Piedmont,and grows in sandy or rocky,open,upland
woods on acidic or circumneutral,well-drained sands or sandy loam soils with low cation exchange capacities.Habitat is present for this species along
roadsides,parking lots,and public utility easements.However,NCNHP records indicate no known Michaux's sumac occurrences within 1.0 mile of the
project study area.An August 15,2019 field survey found no evidence of the species within the project study area(No Effect).////Smooth coneflower
(E)is typically found in open woods,glades,cedar barrens,roadsides,clear-cuts,dry limestone bluffs,and power line right-of-ways,usually on
magnesium and calcium rich soils associated with diabase glades or dolomite forest.Optimal sites are characterized by abundant sunlight and little
competition in the herbaceous layer.Habitat is present for this species along roadsides,parking lots,and public utility easements.However,NCNHP
records indicates no known Smooth coneflower occurrences within 1.0 mile of the study area.An August 15,2019 field survey found no evidence of
the species within the project study area(No Effect).
Consultation Documentation Upload
FWS iPAC TE list 2 9 2021.pdf 211.37KB
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?*
Essential Fish Habitat GIS
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 f• No
7b.What data sources did you use to determine whether your site would impact historic or archeological resources?*
NC SHPO concurrence
7c.Historic or Prehistoric Information Upload
ER 19-2795 SHPO responce.pdf 94.39KB
8. Flood Zone Designation(Corps Requirement)
8a.Will this project occur in a FEMA-designated 100-yearfloodplain?*
✓ Yes r No
8b.If yes,explain how project meets FEMArequirements:
Project involves removal of bridge and bridge abutments including excavation&rip rap for bank stabilization.There is a no net increase in fill or loss of
floodplain storage compacity associated with the project.
8c.What source(s)did you use to make the floodplain determination?*
FRIS
Miscellaneous U
Comments
Miscellaneous attachments not previously requested.
Signature
*
17 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:
John Thomas
Signature
Date
2/10/2021