20190225 Ver 2_ePCN Application_20210326

DWR
Dlrlslon 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
r No
Is this project a public transportation project?*
C Yes 6 No
Change only if needed.
BIMS#Assigned* Version#*
20190225 2
Is a payment required for this project?*
r No payment required What amout is owed?*
r Fee received 6 $240.00
6 Fee needed-send electronic notification r $570.00
Reviewing Office* Select Project Reviewer*
Raleigh Regional Office-[phone] Stephanie Goss:eads\sagoss
Information for Initial Review
1a.Name of project:
Town of Apex-Phase I,Middle Creek Greenway-Miramonte to Holly Springs Connector
1a.Who is the Primary Contact?*
James Mason,PWS
1b.Primary Contact Email:* 1c.Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
3/26/2021
Nearest Body of Water
Middle Creek
Basin
Neuse
Water Classification
C,NSW
Site Coordinates
Latitude: Longitude:
35.681393 -78.825405
Pre-Filing Meeting Information
ID# Version
20190225 2
Pre-fling Meeting or Request Date*
2/17/2021
Attach documentation of Pre-Filing Meeting Request here:*
DWR Pre-Filing Meeting Request Form.pdf 50.521<13
DWR Pre-Filing Meeting_30 Days Reached Email.pdf 178.42KB
A. Processing Information
County(or Counties)where the project is located:

Wake
Is this a NCDMS Project
r- Yes r No
Is this project a public transportation project?*
r Yes r No
Is this a NCDOT Project?*
r Yes r No
1a.Type(s)of approval sought from the Corps:
W Section 404 Permit(wetlands,streams and waters,Clean Water Act)
r Section 10 Permit(navigable waters,tidal waters,Rivers and Harbors Act)
Has this PCN previously been submitted?*
r- Yes
r No
1b.What type(s)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: 42-Recreation Facility
NWP Numbers(for multiple NWPS):
'Id.Type(s)of approval sought from the DWR:
W 401 Water Quality Certification-Regular r 401 Water Quality Certification-Express
r Non-404 Jurisdictional General Permit W Riparian Buffer Authorization
r Individual Permit
le.Is this notification solely for the record because written approval is not required?
For the record only for DWR401 Certification: r Yes r No
For the record onlyfor Corps Permit: r Yes r No
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
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?
W Owner r Applicant(other than owner)
le.Is there an Agent/Consultant for this project?*
r Yes r No
2.Owner Information
2a.Name(s)on recorded deed:
Town of Apex,ATTN:Angela Reincke
2b.Deed book and page no.:
2c.Responsible party:

2d.Address
Street Address
PO Box 250
Address Line 2
city State/Rwince/Pegion
Apex NC
Postal/Zip Code Country
27502 USA
2e.Telephone Number: 2f.Fax Number:
[phone]
2g.Email Address:*
[e-mail]
4.Agent/Consultant(if applicable)
4a.Name:
James Mason,PWS
4b.Business Name:
4c.Address
Street Address
324 Blackwell Street,Suite 1200
Address Line 2
City State/Rwince/Pagion
Durham NC
Postal/Zip Code Country
27701 USA
4d.Telephone Number: 4e.Fax Number:
[phone]
4f.Email Address:*
[e-mail]
Agent Authorization Letter*
Middle Creek_AGENT_AUTHORIZATION_FORM_Flat-signed.pdf 419.33KB
C. Project Information and Prior Project History U
1. Project Information
1b.Subdivision name:
(d appropriate)
near Sunset Hills
1c.Nearest municipality/town:
Apex
2. Project Identification
2a.Property Identification Number: 2b.Property size:
0750129771,0750221956 2.73
2c.Project Address
Street Address
Address Line 2
city State/Rwince/Rion
Postal/Zip Code Country
3.Surface Waters
3a.Name of the nearest body of water to proposed project:
Middle 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.
030202010901
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 project study area consists of forested areas and maintained utility easements.Land use in the vicinity of the project consists of residential,commercial,and recreation uses,
including the Holly Springs Greenway Trial directly across Sunset Lake Rd from the project.
4b.Have Corps permits or DWR certifications been obtained for this project(including all prior phases)in the past?*
r Yes r 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)
ApexGreenway_Permit_Fig 1_Topo.pdf 3.04 MB
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)
ApexGreenway_Permit_Fig2_Soil.pdf 808.42KB
4f.List the total estimated acreage of all existing wetlands on the property:
0.20
4g.List the total estimated linear feet of all existing streams on the property:
80
4h.Explain the purpose of the proposed project:*
Phase I of the Town of Apexs Middle Creek Greenway-Miramonte to Holly Springs Connector Project is comprised of the greenway connection that runs between the northern right-of-
way boundary of future NC Highvey 540(Complete 540,also southern property boundary of the Reunion Pointe subdivision)to the southern right-of-way of SR 1301(Sunset Lake
Road)/the Town of Holly Springs border at Sunset Lake Road in Apex,Wake County,North Carolina.The portion of the project that ties into NCDOT's Complete 540 project(TIP Nos.
R-2721 A/B,R-2828)has been permitted and will be constructed by NCDOT.
41.Describe the overall project in detail,including indirect impacts and the type of equipment to be used:
The project intends to construct a 0.34-mile-long greenway that will disturb 1.55 acres of lands.Drainage area impacts will be minimized and be maintained as close to preconstruction
conditions as possible.There are currently no stormwater treatment devices,and none are being proposed.There is one stream crossing location that will require a new pipe crossing,
which will cause a stream impact.All stream impacts will be kept within the limits of disturbance during construction.Additionally,an equalizer pipe will be constructed wfiere a wetland is
being crossed.The fill slopes and erosion and sediment control devices have been minimized to reduce impacts within buffer zones and wetlands to the greatest extent practical.A
portion of this greenway is within the Complete 540 right-of-way and has been permitted by and will be constructed by NCDOT;the remainder of the greenway will be constructed by the
Town.Equipment to be used will include typical construction equipment,such as trucks and dozers.
4j.Please upload project drawings for the proposed project.
Apex Greenway_Permit DrawingsFINAL.pdf 2.59MB
10.C-9 Details.pdf 491.45KB
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 N/A
Corps AID Number:
5c.If 5a is yes,who delineated the jurisdictional areas?
Name(if known): Nathan Howell,PWS
Agency/Consultant Company: Three Oaks Engineering
Other:
5d1.Jurisdictional determination upload
Apex Greenway_PJD_March 2021.pdf 5.54MB
6. Future Project Plans
6a.Is this a phased project?*
r Yes O No
7b.If yes,explain.
This is Phase 1 of the Town's Middle Creek Greenway plan.Additional sections of greenway will be built in the future as funding allows.As noted,NCDOT is building a portion of the
greenway as part of Complete 540.Since they have already started construction on the 1-540 project,they may complete their portion of the greenway before the Town completes
theirs.
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?

D. Proposed Impacts Inventory
1. Impacts Summary
1a.Where are the impacts associated with your project?(check all that apply):
W Wetlands W Streams-tributaries m Buffers
r Open Waters r Pond Construction
2.Wetland Impacts
2a1 Reason(?) 2b.Impact type*(?) 2c.Type of W.* 2d.W.name* 2e.Forested* 2f.Type of 2g.Impact
Jurisdicition*(?) area
1 Greenway-Fill P Headwater Forest WE Yes Both 0.005
(acres)
1 WE Both Greenway-Mach P Headwater Forest Yes 0.000
Clearing (acres)
Greenway-Fill P Bottomland Hardwood Forest WN(540) Yes Both 0.050
(acres)
2 Greenway-Mach P Bottomland Hardwood Forest WIN(540) Yes Both 0.004
Clearing (acres)
Greenway-Fill P �ff-mland Hardwood Forest WL(540) Yes Both 0.010
(acres)
Greenway-Mech P Bottomland Hardwood Forest WL(540) Yes Both 0.002
Clearing (acres)
Greenway-Fill 1p
ffornland Hardwood Forest WL(540) Yes Both 0.010
(acres)
Greenway-Mach P ffo
mland Hardwood Forest WL(540) Yes Both 0.003
Clearing (acres)
2g.Total Temporary Wetland Impact 2g.Total Permanent Wetland Impact
0.000 0.084
2g.Total Wetland Impact
0.084
2h.Comments:
Mechanized clearing of Site 1 is 12 square feet,which is 0.00027 acre.Difference in summary table here and in permit drawings is due to rounding.
Impacts to wetlands delineated as part of 1-540 shown above are only those that are unique to the Town's greenway construction.Al other impacts to
those wetlands were already permitted under the 1-540 permit and are not included in this permit application.
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*
Greenway Crossing Permanent Culvert JSA Perennial BothS1 Y 9Average(feet) (linearfeet)
H
Greenway Crossing Temporary Dewatering JSA Perennial Both 7 8
Average(feet) (lir�earfeet)
31.Total jurisdictional ditch impact in square feet:
0
31.Total permanent stream impacts: 3i.Total temporary stream impacts:
66 8
31.Total stream and ditch impacts:
74
3j.Comments:
6. Buffer Impacts(for DWR)
6a.Project is in which protect basin(s)?

Check all that apply.
V Neuse r Tar-Pamlico
r Catawba r Randleman
r Goose Creek r Jordan Lake
r Other
6b.Impact Type 6c.Per or Temp 6d.Stream name 6e.Buffer mitigation required? 6f.Zone 1 impact 6g.Zone 2 impact
Site 3,Allowable Upon Authorization P SA No 1,377 465
Site 5,Allowable Upon Authorization P Middle Creek No 44 1,701
6h. Total buffer impacts:
Zone 1 Zone 2
Total Temporary impacts: 0.00 0.00
Zone 1 Zone 2
Total Permanent impacts: 1,421.00 2,166.00
Zone 1 Zone 2
Total combined buffer impacts: 1,421.00 2,166.00
61.Comments:
Site 3 BZ 2 contains 3 sq It of wetlands in buffers.
Site 5 BZ1 contains 11 sq ft of wetlands in buffers.BZ2 contains 878 sq ft of wetlands in buffers.
Supporting Documentation
Apex Greenway_Buffer Drawings_FINAL.pdf 6.9MB
10.C-9 Details.pdf 491.45KB
E. Impact Justification and Mitigation u
1.Avoidance and Minimization
1a.Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Drainage area impacts will be minimized and be maintained as close to preconstruction conditions as possible.There are currently no stormwater
treatment devices,and none are being proposed.There is one stream crossing location that will require a new pipe crossing,which will cause a
stream impact.All stream impacts wall be kept within the limits of disturbance during construction.Additionally,an equalizer pipe will be constructed
where the wetland is being crossed.The fill slopes and erosion and sediment control devices have been minimized to reduce impacts within buffer
zones and wetlands to the greatest extent practical.
1b.Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Erosion and sedimentation BMPs will be installed prior to construction.Construction has been sequenced and designed to avoid/minimize impacts by
locating temporary diversion channels away from features.Water will be diverted around the work area to prevent sedimentation of downstream
aquatic resources.Impacts will be minimized by strict enforcement of Best Management Practices for the protection of surface waters,restrictions
against the staging of equipment in or adjacent to waters of the US and coordination with appropriate environmental staff.
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
2b.If this project DOES NOT require Compensatory Mitigation,explain why:
Since the proposed impacts are minimal(<0.10 ac.wetland impacts and 150 linear feet of stream),compensatory mitigation is not proposed at this time.However,if either USACE or
NCDWR require mitigation,the Town will pursue mitigation through NCDMS.
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 SH WT)
r Wetland Swale(higher SMNT)
r Other SCM that removes minimum 30%nitrogen
• 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
2b.Does this project meet the requirements for low density projects as defined in 15A NCAC 02H.1003(2)?
r Yes r No
Comments:
G. Supplementary Information U
1. Environmental Documentation
1a.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(NEPAISEPA)?*
r Yes r No
1c.If you answered"yes"to the above,has the document review been finalized bythe State Clearing House?*
r Yes r No
NEPAor SEPA Final Approval Letter
_C540_FEIS_Dec_21_2017_online.pdf 25.9MB
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)?*
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 project an existing stretch of greenway,which is a minor project that is not anticipated to result in additional development.The
undeveloped areas surrounding the project area consist of Middle Creek and its floodplain,so there is not opportunity for development in the vicinity.
4.Sewage Disposal(DWR Requirement)
4a.Is sewage disposal required by DWR for this project?*
r Yes r Nor WA
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 r Unknown
5e.Is this a DOT project located within Division's 1-8?
r Yes r No
5f.Will you cut any trees in order to conduct the work in waters of the U.S.?
r Yes r No
5g.Does this project involve bridge maintenance or removal?
r Yes r No
5h.Does this project involve the construction/installation of a wind turbine(s)?*

r Yes r 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.?
r Yes r No
5j.What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
IPAC;A Self-Certification Package was submitted to USFWS on 3/26/2021.An email from USFWS confirming receipt was received and is attached.
The project is not located within a green highlighted county or red HUC for NLEB.
Consultation Documentation Upload
Town of Apex Middle Creek Greenway_USFWS Self-Certiciation Package_03252021.pdf 3.49MB
USFWS Self Certification—Receipt Email.pdf 121.61 KB
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 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?*
r Yes r No
7b.What data sources did you use to determine whether your site would impact historic or archeological resources?*
HPOWEB,SHPO correspondence
7c.Historic or Prehistoric Information Upload
Apex Greenway_SHPO_Response_No_Resources.pdf 290.75KB
8. Flood Zone Designation(Corps Requirement)
8a.Will this project occur in a FEMA-designated 100-year floodplain?*
r Yes r No
8b.If yes,explain how project meets FEMA requirements:
A No-Rise certification is being pursued.
8c.What source(s)did you use to make the floodplain determination?*
FEMA Floodplain Maps
Miscellaneous
Comments
Part of the Middle Creek Greenway is being constructed as a part of the Complete 540(1-540)Project.That portion of the project is covered under the Complete 540 FEIS and has
been permitted and will be constructed by NCDOT.The remaining portion of the project,while publicly funded through the Towne of Apex does not require an environmental document.
Miscellaneous attachments not previously requested.
Signature
*
W 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:
James Mason
Signature
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C%df/t�Z�9'i(�BG/G
Date
3/26/2021