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HomeMy WebLinkAbout20211489 Ver 1_ePCN Application_20211123 DW R mrlsloa of ware.Resources Pre-Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) June 1,2021 Ver 4.1 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. BIMS#Assigned* Version#* 20211489 1 Is a payment required for this project?* No payment required What amout is owed?* Fee received $240.00 Fee needed-send electronic notification $570.00 Reviewing Office* Select Project Reviewer* Central Office-(919)707-9000 Rob Ridings:eads\rgridings Information for Initial Review 1a.Name of project: Northern Durham Parkway-Phase 1 la.Who is the Primary Contact?* William Sullivan,PWS 1 b.Primary Contact Email:* 1c.Primary Contact Phone:* William.Sullivan@kimley-horn.com (919)677-2113 Date Submitted 11/23/2021 Nearest Body of Water Panther Creek Basin Neuse Water Classification WS-IV;NSW Site Coordinates Latitude: Longitude: 36.023315 -78.837795 A. Processing Information 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 Is this a NCDOT Project?* Yes No Pre-Filing Meeting Information Is this a courtesy copy notification?* Yes No ID# Version Pre-fling Meeting or Request Date 10/5/2021 Attach documentation of Pre-Filing Meeting Request here: Click the upload button or drag and drop files here to attach document JF_NDP_PreFilingRequest.pdf 125.81 KB File type must be PDF 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 1 b.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: 14-Linear transportation NWP Numbers(for multiple NWPS): 1d.Type(s)of approval sought from the DWR: 401 Water Quality Certification-Regular 401 Water Quality Certification-Express Non-404 Jurisdictional General Permit Riparian Buffer Authorization Individual 401 Water Quality Certification le.Is this notification solely for the record because written approval is not required? " For the record only for DWR 401 Certification: Yes No For the record only for Corps Permit: Yes No 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 1 h.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: N/A-Linear Transportation Corridor(Scannell Properties#515,LLC under contract to purchase underlying parcels from multiple property owners,see Figure 5:Property Owner Map and Table) 2b.Deed book and page no.: See Attached Table 2c.Contact Person: Scannell Properties#515,LLC;ATTN:Joel Scannell(Under Contract to Purchase Underlying Properties) 2d.Address Street Address 1800 Diagonal Road Address Line 2 Suite 600 City State/Province/Region Alexandria VA Postal/Zip Code Country 22314 USA 2e.Telephone Number: 2f.Fax Number: (571)527-1659 2g.Email Address: JoelS@scannellproperties.com 3.Applicant Information(if different from owner) 3a.Name: Marvin Williams,Director 3b.Business Name: City of Durham-Department of Public Works 3c.Address Street Address 101 City Hall Plaza Address Line 2 3rd Floor City State/Province/Region Durham NC Postal/Zip Code Country 27701 USA 3d.Telephone Number: 3e.Fax Number: (919)5604326 3f.Email Address:* Marvin.Williams@durhamnc.gov 4.Agent/Consultant(if applicable) 4a.Name: William Sullivan,PWS 4b.Business Name: Kimley-Horn 4c.Address Street Address 421 Fayetteville St Address Line 2 Suite 600 City State/Province/Region Raleigh NC Postal/Zip Code Country 27601 USA 4d.Telephone Number: 4e.Fax Number: (919)677-2113 4f.Email Address:* William.Sullivan@kimley-horn.com C. Project Information and Prior Project History 1.Project Information 1b.Subdivision name: (if appropriate) N/A 1c.Nearest municipality/town: Durham 2.Project Identification 2a.Property Identification Number: See Property Owner Table for Underlying 2b.Property size: Property ID 16.3 acres 2c.Project Address Street Address N/A-Linear Transportation Corridor Address Line 2 City State/Province/Region Postal/Zip Code Country 3. Surface Waters 3a.Name of the nearest body of water to proposed project: Panther Creek 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. 030202010404 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 new location roadway will be constructed primarily within undeveloped property parcels and partially within small residential parcels along Ferrell Road.The undeveloped parcels are composed of mixed pine-hardwood forests that appear to have been clear-cut as recently as 2006.The project corridor is situated in an area of low to moderately dense residential developments,industrial developments,and undeveloped forestland between I-85 and Falls Lake in northeast Durham,Durham County,NC. 4b.Have Corps permits or DWR certifications been obtained for this project(including all prior phases)in the past?* Yes No Unknown If yes,please give the DWR Certification number or the Corps Action ID(exp.SAW-0000-00000). Approximately 3,900 linear feet of the Northern Durham Parkway have been constructed east of Sharron Road near US-70 as a 2-lane section.This section of Northern Durham Parkway was constructed as part of the Brightleaf Development project(SAW-2004-20413). 4f.List the total estimated acreage of all existing wetlands on the property: 0.33 acre 4g.List the total estimated linear feet of all existing streams on the property: 685 linear feet 4h.Explain the purpose of the proposed project: The purpose of the Northern Durham Parkway project is to provide a new connector from northern Durham to Raleigh as an alternative route for US 501 and US 70.The purpose of the proposed section of Northern Durham Parkway is to facilitate north to south traffic between Ferrell Road to the north and Cheek Road to the south. 4i.Describe the overall project in detail,including indirect impacts and the type of equipment to be used:* The proposed section of Northern Durham Parkway would connect north to south from Ferrell Road to Cheek Road and ultimately will be part of the larger Northern Durham Parkway corridor extending from north of 1-85 south to US-70.Northern Durham Parkway was evaluated as NCDOT State Transportation Improvement Project#U-4721,and is part of the Durham- Chapel Hill-Carrboro MPO Comprehensive Transportation Plan.The growth in northern and eastern Durham is forecasted to overwhelm the carrying capacity of many local routes and as a result,the City of Durham has identified the need for a major arterial route from northern Durham County to eastern Durham County.Right-of-way for the proposed Northern Durham Parkway has already been dedicated or reserved in adjacent and surrounding parcels that are slated for development in the area and a portion of the Northern Durham Parkway has been constructed near US-70. The proposed section of Northern Durham Parkway would be developed in two phases and this Pre-Construction Notification is being submitted for Phase 1 of the proposed section. Phase 1 is proposed to begin at Ferrell Road where it would tie into dedicated right-of-way north of Ferrell Road and extend south to a interim cul-de-sac north of Panther Creek.Phase 2 of the proposed section is still in design and will be constructed after Phase 1 is complete.Phase 2 would continue Northern Durham Parkway from the temporary cul-de-sac south to Cheek Road.The planned ultimate condition of this section of Northern Durham Parkway is a 4-lane divided boulevard facility with separate bicycle lanes and sidewalks. Due to the current traffic condition and necessary avoidance/minimization measures,the proposed condition of this section of Northern Durham Parkway is a 2-lane section with curb and gutter and a sidewalk.A 110'wide right-of-way for the ultimate section will be dedicated as a public transportation easement along the proposed Northern Durham Parkway Phase 1 section and the horizontal and vertical alignment of the road will be designed to service the ultimate 4-lane roadway;however,the frllslopes and roadway facilities within jurisdictional areas are proposed only to support the 2-lane interim condition.Equipment typical of roadway projects will be used to construct the proposed project,including bulldozers,excavators,dump trucks,and pavers. 5. Jurisdictional Determinations 5a.Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No Unknown Comments: 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-2021-00350 5c.If Sa is yes,who delineated the jurisdictional areas? Name(if known): William Sullivan,PWS&Jason Hartshorn,PWS Agency/Consultant Company: Kimley-Horn Other: 5d.List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR April Norton of the USACE issued an Approved and Preliminary Jurisdictional Determination for the properties underlying the proposed Northern Durham Parkway-Phase 1 on April 9, 2021(SAW-2021-00350).Stephanie Goss of the NCDWR issued a Buffer Determination Letter and Isolated Wetland Determination for the properties underlying the proposed Northern Durham Parkway-Phase 1 on March 19,2021 with a revision on September 1,2021(NBRRO#21-004 revised). 6.Future Project Plans 6a.Is this a phased project?* Yes No 6b.If yes,explain. This section of the Northern Durham Parkway will be constructed and permitted in two phases to accommodate anticipated construction timing.Phase 1 will be constructed in 2022 and will extend from Ferrell Road south to an interim cul-de-sac north of Panther Creek.Design for Phase 2 will begin after Phase 1 is constructed and will continue Northern Durham Parkway south to terminate at Cheek Road.Phase 2 of the project anticipates two separate jurisdictional feature crossings as shown on the attached Northern Durham Parkway-Phase 2 Anticipated Impacts.It is anticipated that the impacts resulting from Phase 2 of the project could be authorized under a Nationwide Permit#14. 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? Phase 2 of the proposed project anticipates impacts to wetlands and streams.Impacts resulting from Phase 2 are anticipated to be below Nationwide Permit#14 thresholds and considered as separate and distant crossings from those proposed as part of Phase 1.It is assumed that impacts resulting from Phase 2 could be authorized under Nationwide Permit#14 or as a modification to this permit application. 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 2a1 Reason(?) 2b.Impact type*(?) 2c.Type of W. 2d.W.name* 2e.Forested* 2f.Type of Jurisdicition*2g.Impact (?) area* Site 2A Roadway Construction P Headwater Forest W 10 Yes Both 0.045 (acres) ff:7] Construction Access T Hardwood Flat W10 Yes Both 0.012 (acres) 2g.Total Temporary Wetland Impact 2g.Total Permanent Wetland Impact 0.012 0.045 2g.Total Wetland Impact 0.057 21.Comments: Unavoidable impacts to jurisdictional wetlands within the project corridor will result from the proposed roadway construction.Permanent impacts to wetland W 10 will occur at Site 2A due to a road crossing.A culvert will be installed below the crossing to carry water from the wetland and adjacent stream.Temporary impacts will occur at Site 2A as a result of the temporary construction access necessary to build the roadway.All temporarily impacted areas will be returned to pre-construction contours following completion of the project. 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* S7 Site 1-Road Crossing Permanent Culvert S16(UT to Panther Creek) Intermittent Corps e 124 Average(feet) (linear(eet) gy Site 1-Outlet Protection Permanent Rip Rap Fill S16(UT to Panther Creek) Intermittent Corps 5 4 Average(feet) (linear feet) S3 Site 1-Construction Access Temporary Other S16(UT to Panther Creek) Intermittent Corps 5 20 Average(feet) (linear feet) S4 Site 2A-Road Crossing Permanent Culvert S10(UT to Panther Creek) Intermittent Corps 87 Average(feet) (linear feet) S5 Site 2A-Outlet Protection Permanent Rip Rap Fill S10(UT to Panther Creek) Intermittent Corps 17 Average(feet) (linear feet) S6 Site 2A-Construction Access Temporary Other S10(UT to Panther Creek) Intermittent Corps 22 Average(feet) (linear feet) S7 Site 2B-Road Crossing Permanent Culvert S2(UT to Panther Creek) Intermittent Corps 155 Average(feet) (linear(eet) gg Site 213-Outlet Protection Permanent Rip Rap Fill S2(UT to Panther Creek) Intermittent Corps 5 21 Average(feet) (linear feet) gg Site 2B-Construction Access Temporary Other S2(UT to Panther Creek) Intermittent Corps 5 22 Average(feet) (linear feet) 31.Total jurisdictional ditch impact in square feet: 0 31.Total permanent stream impacts: 3i.Total temporary stream impacts: 408 64 3i.Total stream and ditch impacts: 472 3j.Comments: Unavoidable impacts to jurisdictional streams within the project corridor will result from the proposed roadway construction.Permanent impacts to streams S16,S10,and S2 will result from the installation of culverts to carry the streams beneath the Northern Durham Parkway roadway corridor. Permanent No-Net Loss of Water impacts will result from the installation of keyed in rip rap to stabilize the streams at the culvert inlets and outlets. Temporary impacts will result from the temporary construction access necessary to install the culverts and rip rap and to facilitate temporary stream dewatering to allow work in the dry.All temporarily impacted streams and streambanks will be returned to pre-construction contours following completion of the project. 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 required4 6f.Zone 1 impact 6g.Zone 2 impact -11 Site 1-Perpendicular Road Crossing P S16(UT to Panther Creek) No 8,092 5,214 Site 1-Construction Access T S16(UT to Panther Creek) No 862 414 Site 2A-Perpendicular Road Crossing P S10(UT to Panther Creek) No 8,144 5,456 Site 2A-Construction Access T S10(UT to Panther Creek) No 589 402 Site 2B-Perpendicular Road Crossing P S2(UT to Panther Creek) Yes 9,371 5,774 Site 213-Construction Access T S2(UT to Panther Creek) No 809 632 6h. Total buffer impacts: Zone 1 Zone 2 Total Temporary impacts: 2,260.00 1,448.00 Zone 1 Zone 2 Total Permanent impacts: 25,607.00 16,444.00 Zone 1 Zone 2 Total combined buffer impacts: 27,867.00 17,892.00 61.Comments: Unavoidable impacts to the Neuse River Buffer Zones within the project corridor will result from the proposed roadway construction and right-of-way dedication.Permanent impacts will occur at Site 1,Site 2A,and Site 2B as a result of the proposed roadway and the conversion to maintained right-of- way.Temporary impacts will result at each impact site as a result of the temporary construction access needed to construct the roadway.All temporarily impacted buffers will be reseeded/replanted and returned to pre-existing conditions upon completion of the project. 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: Impacts to jurisdictional streams,wetlands,and riparian buffer zones have been avoided and minimized to the extent practical.The alignment has been intentionally selected to minimize impacts to jurisdictional features and to account for the necessary design speed while also tying in to existing dedicated right-of-way north and south of the section.Crossings of environmental features have been designed to be near perpendicular to reduce impact lengths.Fillslopes within the jurisdictional features have been tightened to 2:1 and wingwalls are proposed on each culvert to further reduce fillslopes to the extent practical.Additionally,a retaining wall is proposed at impact Site 213 to reduce the overall culvert length.The proposed sidewalk along the east side of Northern Durham Parkway has been designed to tighten into the back of curb at each crossing to avoid additional fillslope impacts to jurisdictional features.Stormwater from the road will be captured in a curb and gutter system and treated or discharged at non-erosive velocities outside of the riparian buffer zones. 1 b.Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Impacts to streams,wetlands,and riparian buffer zones within the project corridor will be minimized to the extent practical throughout the construction process by avoiding these features with equipment,materials,and access corridors where possible.Where feasible,equipment staging and construction access will be located in upland areas throughout the corridor,and silt fencing will be installed around the permitted limits of disturbance to ensure all equipment is only located within areas to be impacted.Diversion ditches and impervious dikes will be utilized to divert water in the channels when installing the culverts to facilitate working in the dry and reduce downstream sedimentation.Additionally,temporary sediment control measures will be used throughout the project corridor reduce construction stormwater impacts to receiving waters and minimize runoff from the construction sites. 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: EBX sponsored Upper Neuse Riparian Buffer Umbrella Mitigation Bank 3b.Credits Purchased/Requested(attach receipt and letter) Type: Quantity: Riparian buffer 36,774 3c.Comments The project proposes to secure mitigation through payment to a private mitigation bank.Buffer credits have been reserved through the EBX Sponsored Upper Neuse Riparian Buffer Umbrella Mitigation Bank and a Statement of Availability is attached to this application. Per the Neuse River Basin Buffer Rules,perpendicular roadway crossings impacting less than 1/3rd acre(14,520 square feet)are allowable upon authorization and do not require compensatory buffer mitigation.Permanent buffer impacts at Site 1 and Site 2A are below this 1/3rd acre threshold and therefore do not require mitigation.Compensatory buffer mitigation credits will be purchased to compensate for the permanent buffer impacts at Site 2B. In total,the project proposes to purchase 36,774 buffer credits to replace the 15,145 square feet of permanent impacts at Site 2B. 4. Complete if Making a Payment to In-lieu Fee Program 4a.Approval letter from in-lieu fee program is attached. Yes No 4b.Stream mitigation requested: (linear feet) 4c.If using stream mitigation,what is the stream temperature: 366 warm 4d.Buffer mitigation requested(DWR only): 4e.Riparian wetland mitigation requested: (square feet) (acres) 4f.Non-riparian wetland mitigation requested: 4g.Coastal(tidal)wetland mitigation requested: (acres) (acres) 4h.Comments The project proposes to provide compensatory mitigation for permanent impacts to intermittent streams at a 1:1 ratio.In total,the project proposes to purchase 366 stream credits to compensate for the 366 linear feet of intermittent streams that will be permanently realigned and placed in culverts.Due to the minimal wetland impacts(<0.10 acre)resulting from the proposed project,no compensatory wetland mitigation is proposed as part of this application. 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 6b.If yes,then identify the square feet of impact. 6c.Reason for impact 6d.Total impact(square Multiplier 6e.Required mitigation feet) (square feet) Zone 1 Perpendicular Roadway 9,371 3 28,113 Zone 2 Perpendicular Roadway 5,774 1.5 8,661 6f.Total buffer mitigation required 36774 6g.If buffer mitigation is required,is payment to a mitigation bank or NC Division of Mitigation Services proposed? Yes No 6j.Comments: The project proposes to secure mitigation through payment to a private mitigation bank.Buffer credits have been reserved through the EBX Sponsored Upper Neuse Riparian Buffer Umbrella Mitigation Bank and a Statement of Availability is attached to this application. Per the Neuse River Basin Buffer Rules,perpendicular roadway crossings impacting less than 1/3rd acre(14,520 square feet)are allowable upon authorization and do not require compensatory buffer mitigation.Permanent buffer impacts at Site 1 and Site 2A are below this 1/3rd acre threshold and therefore do not require mitigation.Compensatory buffer mitigation credits will be purchased to compensate for the permanent buffer impacts at Site 2B. In total,the project proposes to purchase 36,774 buffer credits to replace the 15,145 square feet of permanent impacts at Site 2B. 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 INC 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 NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* Yes No 2b.Does this project meet the requirements for low density projects as defined in 15A NCAC 02H.1003(2)? Yes No 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 Phasell NSW USMP Water Supply Please identify which local government stormwater program you are using. City of Durham Comments: The project includes the addition of curb and gutter along the proposed roadway.Stormwater captured from the proposed roadway will be routed into SCMs along the roadside or treated in TSS filter boxes before discharging through the buffer.These SCMs will be maintained by the Scannell Properties#515,LLC by way of a Utility Extension Agreement that was entered into by the developer and the City of Durham.Additionally,stormwater will be discharged outside of the 100'riparian buffer zone implemented by the City of Durham where feasible. G. Supplementary Information 1. Environmental Documentation 1a.Does the project involve an expenditure of public(federal/state/local)funds or the use of public(federal/state)land?* Yes No 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 purpose of the Northern Durham Parkway project is to provide a new connector from northern Durham to Raleigh as an alternative route for US 501 and US 70,alleviating congestion on US 501 and US 70,and improving safety along the corridors.The purpose of the proposed section of Northern Durham Parkway is to facilitate north to south traffic between Ferrell Road to the north and Cheek Road to the south.The proposed section of Northern Durham Parkway will not result in additional development that would impact downstream water quality. 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 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 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? The USFWS IPaC Tool identifies the Neuse River waterdog,Carolina madtom,Michaux's sumac and smooth coneflower as the 4 protected species with potential to occur in or near the project area.A review of the NCNHP Element Occurrence Database conducted on October 21,2021 indicates that there are no known occurrences of any federally-protected species in or within 1.0 mile of the project corridor.Due to the lack of known occurrences,it is assumed that the proposed project will have no effect on any federally-protected species. 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?" The NOAA EFH mapper was reviewed on October 21,2021 and no essential fish habitat was found to occur within the project corridor or within the vicinity of the project. 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?* An Environmental Review request for the underlying properties was submitted to the State Historic Preservation Office for review on May 28,2021.In a response dated July 22,2021,the NCSHPO replied stating they have reviewed the request and are aware of no historic resources which would be affected by the project. 8. Flood Zone Designation (Corps Requirement) 8a.Will this project occur in a FEMA-designated 100-year floodplain?* Yes No 8b.If yes,explain how project meets FEMA requirements: Work taking place within the FEMA floodplain will be shown to be in compliance with Durham County floodplain rules and will be approved by the Durham Floodplain Administrator prior to construction. 8c.What source(s)did you use to make the floodplain determination?* The FEMA Digital Flood Insurance Rate Map(accessed on 10/20/2021). Miscellaneous Please use the space below to attach all required documentation or any additional information you feel is helpful for application review.Documents should be combined into one file when possible,with a Cover Letter,Table of Contents,and a Cover Sheet for each Section preferred. Click the upload button or drag and drop files here to attach document Final_NDP_Ph1_CoverLetter_20211117.pdf 13AMB NDP-Ph1 Roadway Working Set(2021-11-17).pdf 6.18MB 04_Fig1_NDP_Vicinity.pdf 401.2KB 04_Fig2_NDP_USGS.pdf 227.12KB 04_Fig3_NDP_Aerial.pdf 261.4KB 04_Fig4_NDP_NRCS.pdf 1.31 MB 04_Fig5_PropOwnerParcels.pdf 1.14MB 04_Fig5_PropOwnerParcels_EXCEL SHEET.pdf 2.86KB 05a_2021-11-10_WET.pdf 1.8MB 05b_2021-11-10_BUF.pdf 1.93MB 05c_NDP_Phase2_lmpacts.pdf 361.11 KB 07_SHPO_ER-21-1497.pdf 150.08KB 08_Contract 18507 UTILITY EXTENSION AGREEMENT SCANNELL PROPERTIES 515,LLC-REDUCED.pdf 5.33MB 03_SIGNED_NDP-Ferrell_Rd_Section_USACE_KHA_Agent Authorization Form.pdf 151.38KB File must be PDF or KMZ Comments Please refer to attached cover letter for additional project details. 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: William Sullivan,PWS Signature �iGFYIrr e S.a�v+zr.o`�i{S' Date 11/23/2021