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HomeMy WebLinkAbout20200597 Ver 2_401 Application_20220217Project Submittal Interim Form NORTH CAROLINA Envlronm¢ntcl avofiry Updated September 4, 2020 Please note: fields marked with a red asterisk * below are required. You will not be able to submit the form until all mandatory questions are answered. Project Type: * For the Record Only (Courtesy Copy) New Project Modification/New Project with Existing ID More Information Response Other Agency Comments Pre -Application Submittal Re-Issuance\Renewal Request Stream or Buffer Appeal Project Contact Information Name: David Cooper Who is submitting the information? Email Address:* dcooper@vhb.com Project Information Existing ID #: * 20200597 20170001 (no dashes) Project Name: * Big Branch Sewer Improvements Is this a public transportation project?* Yes No Existing Version: * 1 Is the project located within a NC DCM Area of Environmental Concern (AEC)?* Yes No Unknown County (ies)* Wake Please upload all files that need to be submited. Click the upload button or drag and drop files here to attach document BigBranchSewer_PermitModNarrative_20220118.pdf 47.12MB Only pdf or kmz files are accepted. Describe the attachments or add comments: The Big Branch Sewer Improvement project has changed since the original 401/404 certification. Design changes resulted in revised configuration of sewer easement and slight modification to the limits of disturbance. Stream and wetland impacts are reduced, and buffer impacts are slightly increased. Please see the attached narrative, with revised permit drawings, and construction drawings. By checking the box and signing box below, I certify that: • I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. • I, 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 agree that submission of this online 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 online form. Signature: * &apet Submittal Date: Is filled in automatically once submitted. January 18, 2022 Ms. Stephanie Goss NC Department of Environmental Quality Division of Water Resources Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina 27609 Mr. Lyle Phillips US Army Corps of Engineers Raleigh Regulatory Field Office 3331 Heritage Trade Drive Suite 105 Wake Forest, North Carolina 27587 www.vhb.com AO \ihb. Subject: Modification to Neuse Riparian Buffer Authorization and Section 401 Water Quality Certification for the Big Branch Sewer Improvement project in Raleigh, Wake County, NC. References: NCDWR Project #20-0597 Water Quality Certification and Neuse Riparian Buffer Authorization, issued July 23, 2020 USACE Project # SAW-2019-01842 NWP 12 Verification, issued July 29,2020 Ms. Goss and Mr. Phillips: VHB, on behalf of Highfill Infrastructure Engineering and the City of Raleigh, submitted an application for a Section 404 Nationwide Permit 12, Section 401 Water Quality Certification, and Neuse Riparian Buffer Authorization in May 2020. The 401 Water Quality Certification and Neuse Riparian Buffer Authorization was received on July 23, 2020, and the NWP 12 verification was received on July 29, 2020. Since the time of the approval, additional coordination and information resulted in changes to the construction drawings, which affect the riparian buffer and stream impacts. We are submitting this modification based on the revised impacts. The revisions to the construction drawings resulted in a decrease of stream and wetland impacts from the original submittal. One crossing of Big Branch was able to be removed from the design, resulting in lower temporary and permanent stream impact amounts, and easement expansion was able to be eliminated in another area, resulting in less mechanized clearing impact in a wetland. Buffer impact amounts are slightly greater than those in the original submittal. Mitigation for impacts to riparian buffers in the amount of 63,699 credits was was provided by RES through two private mitigation banks. The revisions to the riparian buffer impacts will require the purchase of an additional 2,568 riparian buffer mitigation credits. A Statement of Availability for the additional credits is attached. Specific changes to sites, impacts, and mitigation amounts are detailed in the bullet points and tables that follow. A full set of updated construction drawings and buffer permit drawings, and two revised plan sheets and calculations showing the smaller wetland impact and the removal of the stream crossing impact from the surface water and wetland permit drawings are attached for reference. We are currently requesting a modification to the existing 401 Water Quality Certification and Riparian Buffer Authorization, and a Nationwide Permit 58 to authorize the above revisions. Thank you for your assistance with this project. If you have any questions or need additional information, please contact David Cooper at dcooper@vhb.com or (919) 741-5784. Sincerely, David G. Cooper Senior Environmental Scientist Engineers I Scientists I Planners I Designers cc: Matthew Cotton, PE, City of Raleigh Eddie Sasser, PE, Highfill Venture I 940 Main Campus Drive, Suite 500 Raleigh, North Carolina 27606 P 919.829.0328 F 919.833.0034 Detailed revisions to sites, impacts, and mitigation amounts — Big Branch Sewer Improvements • The width of the existing sewer easement throughout a portion of the project was discovered to be narrower than initially shown, resulting in a larger easement expansion area and increased buffer impacts between the existing and proposed easement (Buffer Sites 7, 8, and 9, Sheets SS-1.2 and 1.3). • Limits of disturbance were able to be lessened in one location, resulting in less buffer impact (Buffer Site 3, Sheet SS- 1.1) • Additional easement was required in one location for tree removal, resulting in additional buffer impacts (Buffer Site 7, Sheet SS-1.3). • A perpendicular stream crossing was able to be omitted, and the buffer impact changed to entirely parallel easement expansion (Buffer Site 8). Temporary and permanent stream impacts to Big Branch are no longer needed in this location (Wetland/Surface Water Permit Drawing Site 1, Sheet SS-1.3). • Re-evaluation of the previous buffer impacts during revision of the permit drawings resulted in adding a small area of maintained yard to buffer impacts due to the change of use for the easement expansion (Buffer Site 8, Sheet SS-1.3). • Additional sewer replacement entirely under Cheswick Drive resulted in the need for an additional plan sheet in the drawings (Sheet SS-1.8). No additional impacts resulted from this addition. • Easement expansion was eliminated from Station 64+25 to St. Albans Drive, reducing (Buffer Site 12) or eliminating (Buffer Sites 13 and 14) buffer impacts (Sheets SS-1.5 and SS-1.6). This change also reduced the mechanized clearing wetland impact (Wetland/Surface Water Permit Drawing Site 5). Table 1. Big Branch Sewer Improvements: Riparian Buffer Impact Revisions (sq. ft.) Site No.„ Zone 1 Allowable Original Zone 1 Allowable Revised Diff. Zone 1 Mitigable Original Zone 1 Mitigable Revised Diff. Zone 2 Allowable Original Zone 2 Allowable Revised Diff. Reason Buffer 3 0 (No Change) 667 (No Change) 0 2,678 2,429 -249 Reduced limits of disturbance. Buffer 7 0 (No Change) 1,859 4,071 +2,212 3,103 5,371 +2,268 Additional easement expansion impacts. Buffer 8 1,330 0 -1,330 0 1,432 +1,432 151 366 +215 Perpendicular crossing no longer needed. Additional easement expansion impacts. Buffer 9 0 (No Change) 1,770 2,675 +905 11,007 12,175 +1,168 Additional easement expansion impacts. Buffer 12 0 (No Change) 7,183 5,072 -2111 5,150 3,495 -1,655 Eliminated portion of easement expansion impact. Buffer 13 617 0 -617 0 (No Change) 357 0 -357 Eliminated easement expansion impact. Site No.A Zone 1 Allowable Original Zone 1 Allowable Revised Diff. Zone 1 Mitigable Original Zone 1 Mitigable Revised Diff. Zone 2 Allowable Original Zone 2 Allowable Revised Diff. Reason Buffer 14 0 (No Change) 1,582 0 -1,582 948 0 -948 Eliminated easement expansion impact. ^Sites not listed had no changes to impacts Table 2. Big Branch Sewer Improvements: Surface Water Impact Revisions (linear ft. / acres) Site No. Permanent Stream Original Permanent Stream Revised Diff. Temporary Stream Original Temporary Stream Revised Diff. Reason Stream 1 33 / 0.030 0 / 0.000 33 / -0.030 34 / 0.032 0 / 0.000 -34 / -0.032 Stream crossing of Big Branch no longer needed. ^Sites not listed had no changes to impacts Table 3. Big Branch Sewer Improvements: Wetland Impact Revisions (acres) Site No." Mechanized Wetland Clearing Original Mechanized Wetland Clearing Revised Diff. Reason Wetland 1 (Permit Drawing Siteexpansion 5) 0.145 0.115 -0.030 Eliminated easement impact. ^Sites not listed had no changes to impacts Table 4. Big Branch Sewer Improvements: Revised Total Riparian Buffer Impacts and Mitigation (sq. ft.) Mitigation requirements (sq. ft.) Allowable Original Allowable Revised Mitigable Original Mitigable Revised Mitigation Original Mitigation Revised Additional Mitigation Needed Zone 1 impact 5,539 3,592 21,233 22,089 63,699 (21,233 x 3) 66,267 (22,089 x 3) 66,267 — 63,699 = 2,568 Zone ct 32,134 32,576 0 0 0 0 NORTH CAROLINA Environmental Quality Water Resources Office Use Only Corps Action ID no. SAW-2019-01842 Date received: [Click to enter.] DWR project no. 20-0597 Date received: [Click to enter.] Site Coordinates: Latitude (DD.DDDDDD): 35.835519 Longitude (DD.DDDDDD): -78.626184 Form Version 4, April 4, 2021 Pre -Construction Notification (PCN) Form (Ver. 4, April 4, 2021)) For Nationwide Permits and Regional General Permits and corresponding Water Quality Certifications Please note: fields marked with a red asterisk * are required. The form is not considered complete until all mandatory questions are answered. The online help file may be found at this link: https://edocs.deq.nc.gov/WaterResources/0/edoc/624704/PCN%20Help%20File%202018-1-30.pdf The help document may be found at this link: http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Permits/2017-Nationwide- Permits/Pre-construction-Notification/ Before submitting this form, please ensure you have submitted the Pre -Filing Meeting Request Form as DWR will not be able to accept your application without this important first step. The Pre -Filing Meeting Request Form is used to satisfy 40 C.F.R. Section 121.4(a) which states "At least 30 days prior to submitting a certification request, the project proponent shall request a pre -filing meeting with the certifying agency." In accordance with 40 C.F.R. Section 121.5(b)(7), and (c)(5), all certification requests must include documentation that a pre -filing meeting request was submitted to the certifying authority at least 30 days prior to submitting the certification request. Attach documentation of Pre -Filing Meeting Request to this Application. Date of Pre -filing Meeting Request (MM/DD/YYYY) *: Permit mod. to an existing permit. DWR ID # 20-0597 Version 2 (If applicable) Page 1 of 22 PCN Form - Version 1.5, September 2020 A. Processing Information County (counties) where project is located: * Wake Additional (if needed). Is this a NCDMS project? * (Click yes only if NCDMS is the applicant or co- applicant) ❑ Yes Z No Is this a public transportation project? * (Publicly funded municipal, state, or federal road, rail, or airport project) ❑ Yes Z No Is this a NCDOT project? * E Yes ❑x No If yes, NCDOT TIP or state project number: Click to enter. If yes, NCDOT WBS number: * Click to enter. 1 a. Type(s) of approval sought from the Corps: * ❑x Section 404 Permit (wetlands, streams, waters, Clean Water Act) E Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted? * ❑x Yes E No Please provide the date of the previous submission. * Click to enter a date. 1 b. What type(s) of permit(s) do you wish to seek authorization? * ❑x Nationwide Permit (NWP) E Regional General Permit (RGP) ❑ Standard (IP) This form may be used to initiate the standard/ individual permit process with the USACE. Please contact your Corps representative concerning submittals for standard permits. All required items can be included as attachments and submitted with this form. 1 c. Has the NWP or GP number been verified by the Corps? * Z Yes ❑ No NWP number(s) (list all numbers ): 58 RGP number(s) (list all numbers ): Click to enter. Are you a federal applicant? ❑ Yes Z No If yes, please provide a statement concerning compliance with the Coastal Zone Management Act * Click to enter text. ld. Type(s) of approval sought from DWR (check all that apply): * ❑x 401 Water Quality Certification — Regular ❑ 401 Water Quality Certification— Express ❑ Non-404 Jurisdictional General Permit ❑x Riparian Buffer Authorization E Individual 401 Water Quality Certification Page 2 of 22 PCN Form - Version 1.5, September 2020 Pre -Filing Meeting Information Before submitting this form please ensure you have submitted the Pre -Filing Meeting Request Form as we will not be able to accept your application without this important first step. The Pre -Filing Meeting Request Form is used in accordance with 40 C.F.R. Section 121.4(a) "At least 30 days prior to submitting a certification request, the project proponent shall request a pre -filing meeting with the certifying agency" and in accordance with 40 C.F.R. Section 121.5(b)(7), and (c)(5) all certification requests shall include documentation that a pre -filing meeting request was submitted to the certifying authority at least 30 days prior to submitting the certification request. To read more information on when this form is needed prior to application submission: https://www.epa.gov/sites/production/files/2020-07/documents/clean water act section 401 certification rule.pdf To view the form: https://edocs.deq.nc.gov/Forms/DWR-Pre-Filing-Meeting-Request Is this a courtesy copy notification ❑ Yes ❑x No 1 e. Is this notification solely for the record because written approval is not required? * For the record only for DWR 401 Certification: * ❑ Yes ❑x No For the record only for Corps Permit: * ❑ Yes ❑x No 1f. Is this an after -the -fact permit/certification application? * ❑ Yes © No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes E No If yes, attach the acceptance letter from mitigation bank or in -lieu fee program. 1 h. Is the project located in any of NC's twenty coastal counties? * E Yes ❑x No 1 i. Is the project located within an NC DCM Area of Environmental Concern (AEC)? * ❑Yes ❑x No ❑Unknown 1j. Is the project located in a designated trout watershed? * ❑ Yes ❑x No If yes, you must attach a copy of the approval letter from the appropriate Wildlife Resource Commission Office. Trout information may be found at this link: http://www.saw.usace.army.mil/Missions/Regulatory-Permit- Program/Agency-Coordination/Trout.aspx Page 3 of 22 PCN Form - Version 1.5, September 2020 B. Applicant Information la. Who is the primary contact? David G. Cooper 1b. Primary Contact Email: dcooper@vhb.com lc. Primary Contact Phone: (###)###-#### (919)741-5784 ld. Who is applying for the permit/certification? all that apply) (check ®Owner ❑Applicant (other than owner) le. Is there an agent/consultant for this project? 0 Yes ❑ No 2. Landowner Information 2a. Name(s) on Recorded Deed: City of Raleigh Public Utilities Dept. 2b. Deed Book and Page No.: Click to ente, 2c. Contact Person (for corporations): Matthew Cotton, P.E. — Construction Projects Administrator 2d. Address Street Address: 1 Exchange Plaza Address line 2: #620 City: Raleigh State/ Province/ Region: NC Postal/ Zip Code: 27601 Country: USA * (919)996-3528 2e. Telephone Number: (lllllt)###-Illlll# Click to enter. 2f. Fax Number: (11111)llllll-#### 2g. Email Address: * Matthew.Cotton@raleighnc.gov 3. Applicant Information (if different from owner) 3a. Name: * Click to enter. 3b. Business Name (if applicable): Click to enter. 3c. Address: * Street Address: Click to enter. Address line 2: Click to enter. City: Click to enter. State/ Province/ Region: Click to enter. Postal/ Zip Code: Click to enter. Country Click to enter. 3d. Telephone Number: * (###)###-#### Click to enter. 3e Fax Number: (###)###-#### Click to enter. Page 4 of 22 PCN Form - Version 1.5, September 2020 3f. Email Address: * Click to enter. 4. Agent/ Consultant (if applicable) 4a. Name: * David G. Cooper 4b. Business Name: VHB 4c. Address: * Street Address: 940 Main Campus Drive Address line 2: Suite 500 City: Raleigh State/ Province/ Region: NC Postal/ Zip Code: 27606 Country: USA * (919)74-15784 4d. Telephone Number: (lllllt)###-#### Click to enter. 4e Fax Number: (Illllt)###-#### 4f. Email Address: * dcoope@vhb.com Agent Authorization Letter:* Attach a completed/signed agent authorization form or letter. A sample form may be found at this link: https://www.saw. usace.army. mil/Missions/Regulatory-Permit-Program/Permits/2017-Nationwide-Permits/Pre- construction-Notification/ Page 5 of 22 PCN Form - Version 1.5, September 2020 C. Project Information and Prior Project History 1. Project Information la. Name of project: * Big Branch Sewer 1 b. Subdivision name (if appropriate): Click to enter. lc. Nearest municipality/town: * Raleigh 2. Project Identification 2a. Property identification number (tax PIN or parcel ID): Click to enter. 2b. Property size (in acres): Click to enter 2c. Project Address: Street Address: Click to enter. Address line 2: Click to enter. City: Click to enter. State/ Province/ Region: Click to enter. Postal/ Zip Code: Click to enter. Country: Click to enter. 2d. Site coordinates in decimal degrees (using 4-6 digits after the decimal point): * Latitude (DD.DDDDDD): * 35.835519 Longitude (-DD.DDDDDD): *--78.626184 3. Surface Waters 3a. Name of nearest body of water to proposed project: * Big Branch 3b. Water Resources Classification of nearest receiving water: * C;NSW The Surface Water Classification map may be found at this link: https://ncdenr.maps.arcgis.com/apps/webappviewer/index.html?id=6e125ad7628f494694e259c80dd64265 3c. In what river basin(s) is your project located? * Neuse Choose additional (if needed) 3d. Please provide the 12-digit HUC in which the project is located: * 030202011103 The Find Your HUC map may be found at this link: https://ncdenr.maps.arcgis.com/apps/Publiclnformation/index.html?appid=ad3a85a0c6d644a0b97cd069db238ac3 Page 6 of 22 PCN Form - Version 1.5, September 2020 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 area consists of an existing sewer line along Big Branch through a primarily residential and commercial area in north Raleigh. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? 0 Yes ❑ No ❑Unknown If yes, please give the DWR Certification number and/or Corps Action ID (ex. SAW-0000-00000): SAW-2019-01842 #20-059 Attach any pertinent project history documentation 4b2. Is any portion of the work already complete? * E Yes ® No If yes, describe the completed work. Click to enter text. 4c. List of other certifications or approvals/denials received from other federal, state or local agencies for work described in this application not related to the 404 or 401. A no -rise certification was coordinated through City of Raleigh stormwater management division. 4d. Attach an 8'/2 x 11" excerpt from the most recent version of the USGS topographic map indicating the location of the project site. 4e. Attach an 8'/2 x 11" excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. 4f. List the total estimated acreage of all existing wetlands on the property: 0.716 acres 4g. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 7,257 linear feet 4g1. List the total estimated acreage of all existing open waters on the property: 1.685 acres 4h. Explain the purpose of the proposed project: The project will improve sewer infrastructure by replacing old sewer lines, increasing pipe size as necessary, and adding sewer lines. 4i. Describe the overall project in detail, including the type of equipment to be used: The project primarily consists of existing sewer easements which will be widened by mechanized clearing. Existing sewer pipes in need of repair and upsizing will be excavated via trenching and replaced. Stream crossings will be open cut, with typical pump -around operations in place to eliminate sedimentation in streams. Crossings are a angles between 75 and 105 degrees where possible. 4j. Attach project drawings/site diagrams/depictions of impact areas for the proposed project. 4k. Will this activity involve dredging in wetlands or waters? * E Yes ® No If yes, describe the type of dredging, the composition of the dredged material, and the locations of disposal area. Click to enter texi Page 7 of 22 PCN Form - Version 1.5, September 2020 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or in proposed impact areas? 0 Yes ❑ No ❑ Unknown Comments: PJD/AJD (for 1 ephemeral feature) is attached, which was provided concurrent with the original permit verification for this project. 5b. If the Corps made a jurisdictional determination, what type of determination was made? * ❑x Preliminary ❑x Approved E Emailed concurrence ❑ Not Verified ❑ Unknown ❑ n/a Corps AID number (ex. SAW-0000-00000): SAW-2019-01842 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): David Cooper Agency/Consultant Company: VHB Other: Click to enter. 5d. List the dates of the Corps jurisdictional determination or State determination if a determination was made by either agency. USACE: PJD/AJD dated 7/29/2020. NCDWR: Please refer to the attached stream origin/buffer applicability determination dated 2019-10-07. 5d1. Attach jurisdictional determinations. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ❑x No 6b. If yes, explain. This is a sewer upgrade project, and is not phased. Are any other NWP(s), regional general permit(s), or individual permit(s) used, or intended to be used, to authorize any part of the proposed project or related activity? This includes other separate and distant crossings for linear projects that require Department of the Army authorization but don't require pre -construction notification. Click to enter. 7. Addresses of adjoining property owners, lessees, etc. whose property adjoins the waterbody (if more than can be entered here, please attach a supplemental list) Click to enter. 8. Scheduling of activity: Project expected to go to bid as soon as possible, March 2022. Page 8 of 22 PCN Form - Version 1.5, September 2020 D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project (check all that apply): ❑x Wetlands ❑x Buffers ❑ Pond Construction ❑x Streams - tributaries © Open Waters 2. Wetland Impacts If there are wetland impacts proposed on the site, complete this table for each wetland area impacted. 2a. Site #* 2a 1. Impact Reason/Type* 2b. Impact Duration* 2c. Wetland Type* 2d. Wetland Name* 2e. Forested ?* 2f. Jurisdiction Type* 2g. Impact Area (ac)* W1 Mechanized Clearing Temporary Bottomland Hardwood Forest WA No Both 0.115 W2 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W3 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W4 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W5 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W6 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W7 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W8 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W9 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W10 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W11 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W12 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W13 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W14 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W15 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter 2g1. Total temporary wetland impacts 0.115 ac 2g2. Total permanent wetland impacts 0 ac 2g3. Total wetland impacts 0.115 ac 2h. Type(s) of material being discharged and the amount of each type in cubic yards: N/A 2i. Comments: Mechanized clearing impacts have been reduced from the prior approval due to avoiding easement expansion in this area. Sewer will be replaced only within the existing easement in this vicinity. Page 9 of 22 PCN Form - Version 1.5, September 2020 Page 10 of 22 PCN Form - Version 1.5, September 2020 3. Stream Impacts If there are perennial or intermittent stream/ tributary impacts (including temporary impacts) proposed on the site, complete this table for all stream/ tributary sites impacted. ** All Perennial or Intermittent streams must be verified by DWR or delegated local government Site #* 3a Impact Reason* 3b. Impact Duration* 3c. Impact Type* 3d. Stream Name* 3e. Stream Type* 3f. Jurisdiction Type* 3g. Stream Width (avg ft) * 3h. Impact length (linear ft) * S1 Sewer replacement, stream stabilization Permanent Fill (Incl. Riprap) Site 1, Big Branch Perennial Both 20 0 S2 Erosion Control Temporary Dewatering Site 1, Big Branch Perennial Both 20 0 S3 Erosion Control Temporary Dewatering Site 2, SA Intermittent Both 5 21 S4 Replace existing sewer Permanent Fill (Incl. Riprap) Site 3, Big Branch Perennial Both 20 40 S5 Erosion Control Temporary Dewatering Site 3, Big Branch Perennial Both 20 30S S6 Sewer abandonment Temporary Dewatering Site 4, Big Branch Perennial Both 20 83 S7 Replace existing sewer Permanent Fill (Incl. Riprap) Site 5, SE Perennial Both 5 17 S8 Erosion Control Temporary Dewatering Site 5, SE Perennial Both 5 30 S9 Replace existing sewer Permanent Fill (Incl. Riprap) Site 6, Big Branch Perennial Both 20 22 S10 Erosion Control Temporary Dewatering Site 6, Big Branch Perennial Both 20 30 S11 Replace existing sewer Permanent Fill (Incl. Riprap) Site 7, Big Branch Perennial Both 20 42 S12 Erosion Control Temporary Dewatering Site 7, Big Branch Perennial Both 20 30 S13 Manhole protection Permanent Bank Stabilization Site 8, Big Branch Perennial Both 20 45 S14 Manhole protection erosion control Temporary Dewatering Site 8, Big Branch Perennial Both 20 0 S15 Replace existing sewer Permanent Fill (Incl. Riprap) Site 9, Big Branch Perennial Both 20 31 S16 Erosion Control Temporary Dewatering Site 9, Big Branch Perennial Both 20 30 S17 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S18 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S19 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter Page 11 of 22 PCN Form - Version 1.5, September 2020 S20 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter 3i1. Total jurisdictional ditch impact: Click to enter. linear ft 3i2. Total permanent stream impacts: 197 linear ft 3i3. Total temporary stream impacts: 254 linear ft 3i4. Total stream and ditch impacts: 451 linear ft 3j. Comments: Stream Impacts at Site 1 have been eliminated as compared to the previous approval. Site 8 bank stabilization has same linear footage of stream impact for permanent riprap bank stabilization and temporary dewatering/erosion control. The permanent stream impacts primarily result from riprap stream bed stabilization where open cut sewer replacement will take place. Riprap to be installed per the attached plan set at stream bed elevation. Page 12 of 22 PCN Form - Version 1.5, September 2020 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U S., individually list all open water impacts in the table below. 4a. Site #* 4a1. Impact Reason 4b. Impact Duration* 4c. Waterbody Name* 4b. Activity Type* 4e. Waterbody Type* 4f. Impact area (ac)* 01 Replace foot bridge, stabilization Permanent PA Bank Stabilization/ Fill (Incl. Riprap) Pond 0.004 02 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 03 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 04 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 05 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 4g. Total temporary open water impacts 0 ac 4g. Total permanent open water impacts 0.004 ac 4g. Total open water impacts 0.004 ac 4h. Comments: Pond impact 0.004 acre for riprap stabilization below replacement of existing foot bridge. 5. Pond or Lake Construction If pond or lake construction is proposed, complete the table below. (*This does NOT include offline stormwater management ponds.) 5a. Pond ID # 5b. Proposed use or purpose of pond 5c. Wetland Impacts (ac) 5d. Stream Impacts (ft) 5e. Upland Impacts (ac) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. P2 Choose one Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. P3 Choose one Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. 5f. Total Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. 5g. Comments: Click to enter. 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no.: Click to enter. 5i. Expected pond surface area (acres): Click to enter. 5j. Size of pond watershed (acres): Click to enter. 5k. Method of construction: Click to enter. Page 13 of 22 PCN Form - Version 1.5, September 2020 6. Buffer Impacts (DWR requirement) If project will impact a protected riparian buffer, then complete the chart below. Individually list all buffer impacts. 6a. Project is in which protected basin(s)? * (Check all that apply.) ❑x Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Jordan ❑ Goose Creek ❑ Randleman ❑ Other: Click to enter. Site #* 6b. Impact Type* 6c. Impact Duration* 6d. Stream Name* 6e. Buffer Mitigation Required?* 6f. Zone 1 Impact* (sq ft) 6g. Zone 2 Impact* (sq ft) B1 Utility Lines Permanent Site 1, Big Branch Yes 1406 0 B2 Utility Lines Permanent Site 1, Big Branch No 0 1290 B3 Utility Lines Permanent Site 2, Big Branch Yes 733 0 B4 Utility Lines Permanent Site 2, Big Branch No 0 712 B5 Utility Lines Permanent Site 3, Big Branch Yes 667 0 B6 Utility Lines Permanent Site 3, Big Branch No 0 2429 B7 Utility Lines Permanent Site 4, Big Branch Yes 107 0 B8 Utility Lines Permanent Site 4, Big Branch No 0 190 B9 Utility Lines Permanent Site 5, Big Branch Yes 330 0 B10 Utility Lines Permanent Site 5, Big Branch No 0 1430 B11 Utility Lines Permanent Site 6, Big Branch Yes 15 0 B12 Utility Lines Permanent Site 6, Big Branch No 0 294 B13 Utility Lines Permanent Site 7, Big Branch Yes 4071 0 B14 Utility Lines Permanent Site 7, Big Branch No 0 5371 B15 Utility Lines Permanent Site 8, Big Branch Yes 1432 0 B16 Utility Lines Permanent Site 8, Big Branch No 0 366 B17 Utility Lines Permanent Site 9, Big Branch Yes 2675 0 B18 Utility Lines Permanent Site 9, Big Branch No 0 12175 B19 Utility Lines Permanent Site 10, Big Branch Yes 2306 0 B20 Utility Lines Permanent Site 10, Big Branch No 0 1566 6h. Total temporary impacts: Zone 1: 0 sq ft Zone 2: 0 sq ft 6h. Total permanent impacts: Zone 1: 25681 sq ft Zone 2: 32567 sq ft 6h. Total combined buffer impacts: Zone 1: 25681 sq ft Zone 2: 32567 sq ft 6i. Comments: Please refer to the additional impacts documented on the attached continuation of this table for B21 through B31 buffer impacts. Please attach supporting documentation (impact maps, plan sheets, etc.) for the proposed project. Page 14 of 22 PCN Form - Version 1.5, September 2020 Buffer Impact Table (continued) Site #* 6b. Impact Type*Impact*(sqft)Impact*(sqft) 6c. Impact Duration* 6d. Stream Name* 6e. Buffer Mitigation Required?* 6f. Zone 1 p 6g. Zone 2 p B21 Utility Lines ' Permanent Site 11, SC No 3059 1067 B22 Utility Lines Permanent Site 12, Big Branch Yes 5072 0 B23 Utility Lines Permanent Site 12, Big Branch No 0 3495 B24 Utility Lines Permanent Site 13, SE Impact Eliminated No 0 0 B25 Utility Lines Permanent Site 14, Big Branch Impact Eliminated No 0 0 B26 Utility Lines Permanent Site 15, Big Branch Yes 1737 0 B27 Utility Lines Permanent Site 15, Big Branch No 0 654 B28 Utility Lines Permanent Site 16, Big Branch Yes 1538 0 B29 Utility Lines Permanent Site 16, Big Branch No 0 1250 B30 Utility Lines Permanent Site 17, Big Branch No 231 204 B31 Utility Lines Permanent Site 18, Big Branch No 302 83 E. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts through project design: * The sewer improvement project follows, for the most part, the existing sewer lines and is within existing sewer easement. New easement was needed in some areas. Easements have been kept away from aquatic resources where practicable. This permit modification removes one crossing of Big Branch and eliminates easement expansion impacts within a wetland. 1b. Specifically describe measures taken to avoid or minimize proposed impacts through construction techniques: * Sedimentation will be controlled by pump -around operations where open cut will be used to replace the existing sewer lines. Riprap stream stabilization will reduce the likelihood of future instability in the reaches that will be open cut. 2. Compensatory Mitigation for Impacts to Waters of the U.S., Waters of the State, or Riparian Buffers 2a. If compensatory mitigation is required, by whom is it required? * (check all that apply) ❑x DWR ❑ Corps 2b. If yes, which mitigation option(s) will be used for this project? * (check all that apply) Mitigation Bank ❑ In Lieu Fee Program ❑ Permittee Responsible Mitigation 15 3. Complete if using a Mitigation Bank (Must satisfy NC General Statute143-214.11 (d1).) 3a. Name of mitigation bank: EBX-Neuse I, LLC or EBX Upper Neuse 3b. Credits purchased/requested: Type: Riparian Buffer Quantity 2568 Type: Choose one Quantity Click to enter. Type: Choose one Quantity Click to enter. Attach receipt and/or approval letter. 3c. Comments: Prior mitigation payments were made for the amount of 63699 buffer credits were previously made as described in the cover letter. The Buffer SOA for the additional 2568 buffer credits required for this permit modification is attached. 4. Complete if Using an In Lieu Fee Program 4a. Attach approval letter from in lieu fee program. 4b. Stream mitigation requested: Click to enter. linear feet 4c. If using stream mitigation, what is the stream temperature: Choose one NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington District's RIBITS website: (Please use the filter and select Wilmington district) https://ribits.usace.army.mil/ribits apex/f?p=107:27:2734709611497::NO:RP:P27 BUTTON KEY:O 4d. Buffer mitigation requested (DWR only): Click to enter. square feet 4e. Riparian wetland mitigation requested: Click to enter. acres Page 15 of 22 PCN Form - Version 1.5, September 2020 4f. Non -riparian wetland mitigation requested: Click to enter. acres 4g. Coastal (tidal) wetland mitigation requested: Click to enter. acres 4h. Comments: Click to enter. 5. Complete if Providing a Permittee Responsible Mitigation Plan 5a. If proposing a permittee responsible mitigation plan, provide a description of the proposed mitigation plan, including mitigation credits generated. Click to enter. 5b. Attach mitigation plan/documentation. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — DWR requirement 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ No @ Yes If yes, please complete this entire section — please contact DWR for more information. 6b. If yes, identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required in the table below. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 Changes to Utility / Easement Expansion 856 (greater than previous approval for which mit. is already paid) 3 2568 Zone 2 0 0 1.5 0 6f. Total buffer mitigation required 2568 6g. If buffer mitigation is required, is payment to a mitigation bank or NC Division of Mitigation Services proposed? ❑ No ►_ Yes 6h. If yes, attach the acceptance letter from the mitigation bank or NC Division of Mitigation Services. 6i. Comments: As noted in cover letter and above, mitigation for 21,233 sf of buffer impact in the amount of 63,699 buffer credits has been paid. This permit mod. documents the changes to buffer impacts which resulted in an additional 856 sf of Zone 1 mitigable impact at 3:1, requiring the purchase an additional 2568 buffer credits. Page 16 of 22 PCN Form - Version 1.5, September 2020 F. Stormwater Management and Diffuse Flow Plan (DWR requirement) 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? 0 Yes ❑ No 1 b. All buffer impacts and high ground impacts require diffuse flow or other form of stormwater treatment. If the project is subject to a state implemented riparian buffer protection program, include a plan that fully documents how diffuse/dispersed flow will be maintained. All Stormwater Control Measures (SCM) must be designed in accordance with the NC Stormwater Design Manual (https://deq.nc.gov/about/divisions/energy-mineral-land-resources/energy-mineral-land-permit- guidance/stormwater-bmp-manual). Associated supplement forms and other documentation must be provided. What Type of SCM are you providing? (Check all that apply) ❑ Level Spreader E Vegetated Conveyance (lower seasonal high water table- SHWT) ❑ Wetland Swale (higher SHWT) ❑ Other SCM that removes minimum 30% nitrogen ❑x Proposed project will not create concentrated stormwater flow through the buffer For a list of options to meet the diffuse flow requirements, click here. Attach diffuse flow documentation. 2. Stormwater Management Plan 2a. Is this an NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? ❑Yes ❑x No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? * ❑x Yes ❑ No To look up low density requirements, click here: http://reports.oah.state. nc. us/ncac/title%2015a%20-%20environ mental%20q ua lity/chapter%2002%20- %20environmental%20management/su bchapter%20h/ 15a%20ncac%2002h%20.1003. pdf 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? * E Yes ❑x No ❑ n/a — project disturbs < 1 acre Note: Projects that have vested rights, exemptions, or grandfathering from state or locally implemented stormwater programs or projects that satisfy state or locally -implemented stormwater programs through use of community in -lieu programs should answer "no" to this question. 2d. Which of the following stormwater management program(s) apply? (Check all that apply.)* ❑ Local Government E State If you have local government approval, please include the SMP on their overall impact map. Local Government Stormwater Programs * El Phase II ❑ USMP ❑ NSW E Water Supply Page 17 of 22 PCN Form - Version 1.5, September 2020 Please identify which local government stormwater program you are using. * Click to enter. State Stormwater Programs * ❑ Phase II ❑ Coastal Counties ❑ HOW or ORW ❑ Other Comments: Click to enter. Page 18 of 22 PCN Form - Version 1.5, September 2020 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? * E No A Yes 1 b. 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)? * El Yes ®No lc. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) * ❑ Yes ❑ No Comments: Project is funded by the City of Raleigh. 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), Federally Non -Jurisdictional Wetlands /Classified Surface Waters (15A NCAC 2H. 1400) DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? * E Yes ® No 2b. If you answered "yes" to the above question, provide an explanation of the violation(s): Click to enter. 3. Cumulative Impacts (DWR Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? * ❑ Yes ❑x No 3b. If you answered "no", provide a short narrative description: The project is a result of existing degraded and undersized infrastructure, and is not expected to increase development in the surrounding area, which is already developed. 3c. If yes, provide a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWR policy. (Attach .pdf) 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project? * ❑ Yes ❑x No ❑ N/A 4b. If yes, describe in detail the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Click to enter. Page 19 of 22 PCN Form - Version 1.5, September 2020 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? (IPAC weblink: https://www.fws.gov/ipac/ [fws.gov]) * ® 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 If yes, which federal agency? FEMA 5e. Is this a DOT project located within Divisions 1-8? * ❑ Yes ❑x No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? 0Yes El No 5g. Does this project involve bridge maintenance or removal? * ❑ Yes ❑x No 5g1. If yes, have you inspected the bridge for signs of bat use such as staining, guano, bats, etc.? Representative photos of signs of bat use can be found in the NLEB SLOPES, Appendix F, pages 3-7. ❑ Yes ❑ No Representative photos of signs of bat use can be found in the NLEB SLOPES, Appendix F, pages 3-7. Link to NLEB SLOPES document: http://saw-reg.usace.army.mil/NLEB/1-30-17-signed NLEB-SLOPES&apps.pdf If you answered yes to 5g1, did you discover any signs of bat use? * ❑ Yes ❑ No ❑ Unknown If yes, please show the location of the bridge on the permit drawings/ project plans 5h. Does this project involve the construction/ installation of a wind turbine(s)? * El Yes ❑x No If yes, please show the location of the wind turbine(s) on the permit drawings/ project plans (attach .pdf) 5i. Does this project involve blasting and /or other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? * E Yes ❑x No If yes, please provide details to include type of percussive activity, purpose, duration, and specific location of this activity on the property (attach .pdf) 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? * VHB reviewed the current list of USFWS protected species for Wake County, NC and submitted biological conclusions based on on -site habitat evaluation and species surveys to the Raleigh field office. The self -certify letter was submitted on Sept. 16, 2019 and no comment was received within 30 days, indicating concurrence with our conclusions. All conclusions were No Effect or May Affect, Not Likely to Adversely Affect, with the exception of the Northern Long-eared bat, for which the project relies on the findings of the 1/5/2016 PBO. The NLEB is also not currently listed in Wake County. Attach consultation documentation. 6. Essential Fish Habitat (Corps Requirement) Page 20 of 22 PCN Form - Version 1.5, September 2020 6a. Will this project occur in or near an area designated as an Essential Fish Habitat? El Yes ❑x No Is there submerged aquatic vegetation (SAV) around the project vicinity? * ❑ Yes ❑x No ❑ Unknown Will this project affect submerged aquatic vegetation? * ❑ Yes ❑x No ❑ Unknown Explain: No SAV is present. 6b. What data source(s) did you use to determine whether your site would impact Essential Fish Habitat? * NOAA EFH mapper shows no EFH in the project vicinity. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data): http://gis.ncdcr.gov/hpoweb/ 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 (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? * ❑Yes ©No 7b. What data source(s) did you use to determine whether your site would impact historic or archeological resources? * The SHPO HPOweb mapping indicates no historic structures within the project corridor. The project is within an area that is highly developed and does not contain any potentially historic structures. The majority of the project will replace existing sewer line. 7c. Attach historic or prehistoric documentation. 8. Flood Zone Designation (Corps Requirement) Link to the FEMA Floodplain Maps: https://msc.fema.gov/portal/search 8a. Will this project occur in a FEMA-designated 100-year floodplain? * 0 Yes ❑ No 8b. If yes, explain how the project meets FEMA requirements. The project was coordinated as a No -Rise Certification through the City of Raleigh stormwater management division. 8c. What source(s) did you use to make the floodplain determination? FEMA FIRM panel shows the project is within the 100-year floodplain. H. Miscellaneous Comments: Click to enter. Attach pertinent documentation or attachments not previously requested Page 21 of 22 PCN Form - Version 1.5, September 2020 I. Signature * ❑x By checking the box and signing below, I, as the project proponent, certify to the following: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete, to the best of my knowledge and belief; • 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; • The project proponent hereby agrees 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"); • The project proponent hereby agrees to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • The project proponent hereby understands that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • As the project proponent, I intend to electronically sign and submit the PCN/online form. Full Name: * David G. Cooper Signature: * Click to enter. �G2 Date: * 2/17/2022 Page 22 of 22 PCN Form - Version 1.5, September 2020