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HomeMy WebLinkAbout20200349 Ver 3_ePCN Application_20220823 DW R mrlsloa of ware.Besourcrs Pre-Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) April 13,2022 Ver 4.3 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. Pre-Filing Meeting Date Request was submitted on: 6/24/2022 BIMS#Assigned* Version#* 20200349 3 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: Blue Ridge Road(SR 1670)Widening(TIP#HL-0052) 1a.Who is the Primary Contact?* Mackenzie Richards,PWS(Kimley-Horn) 1 b.Primary Contact Email:* 1c.Primary Contact Phone:* Mackenzie.Richards@kimley-horn.com (919)678-4154 Date Submitted 8/23/2022 Nearest Body of Water Crabtree Creek Basin Neuse Water Classification C;NSW Site Coordinates Latitude: Longitude: 35.829862 -78.688101 A. Processing Information County(or Counties)where the project is located: Wake Is this a NCDMS Project Yes No Is this project a public transportation project?* Yes No Is this a NCDOT Project?* Yes No 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.Nari on recorded deed: City of Raleigh 2b.Deed book and page no.: N/A(Linear Transportation Project) 2c.Contact Person: Rich Kelly,Director of Engineering Services 2d.Address Street Address One Exchange Plaza Address Line 2 Suite 801 City State/Province/Region Raleigh NC Postal/Zip Code Country 27601 USA 2e.Telephone Number: 2f.Fax Number: (919)996-5575 2g.Email Address: Richard.Kelly@raleighnc.gov 4.Agent/Consultant(if applicable) 4a.Name: Mackenzie Richards,PWS 4b.Business Name: Kimley-Horn 4c.Address Street Address 421 Fayetteville Street Address Line 2 Suite 600 City State/Province/Region Raleigh NC Postal/Zip Code Country 27601 USA 4d.Telephone Number: 4e.Fax Number: (919)678-4154 4f.Email Address:* Mackenzie.Richards@kimley-horn.com C. Project Information and Prior Project History 1.Project Information 1b.Subdivision name: (if appropriate) 1c.Nearest municipality/town: Raleigh 2.Project Identification 2a.Property Identification Number: 2b.Property size: N/A(Linear Transportation Project) 53.8 2c.Project Address Street Address 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: Crabtree 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. 030202010803 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 corridor is located along areas of residential development and commercial mixed use.The project corridor is bounded by Crabtree Creek to the north,1-440 to the east, Duraleigh Road to the south,and Edwards Mill Road to the west.The project vicinity is primarily composed of moderately dense residential development and scattered commercial development. 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). SAW-2018-00496;DWR#20200349 ver 2 The existing NWP 14(SAW-2018-00496)was previously issued by Lyle Phillips of the US Army Corps of Engineers(USACE)on May 5,2020 and the associated 401 General Water Quality Certification 4135(DWR#20200349 ver 2)and Neuse Buffer Authorization was previously issued by Rob Ridings of the NC Division of Water Resources(NCDWR)on July 1, 2021.Due to unforeseen scheduling conflicts,construction of the project has not started,and the project cannot be completed within the 12-month grace period following the expiration of this permit on March 18,2022. Rob Ridings of the NCDWR sent Kimley-Horn a Request for Information(RFI)on March 17,2020 and Kimley-Horn responded via phone and email on March 24,2020.Rob Ridings issued the Section 401 Permit on March 25,2020.Lyle Phillips of the USACE sent Kimley-Horn an RFI on March 23,2020 and Kimley-Horn sent a response combined with a Section 404/401 Permit Modification Request on April 23,2020.This Section 404/401 Permit Modification was approved by the NCDWR on May 7,2020 and by the USACE on May 5,2020.Following this approval,Kimley-Horn requested a correction to the compensatory mitigation section of the issued permit on July 1,2021.Documentation of these RFIs and modifications has been attached as part of this reauthorization request. 4f.List the total estimated acreage of all existing wetlands on the property: 0 acres 4g.List the total estimated linear feet of all existing streams on the property: 1,237 linear feet 4h.Explain the purpose of the proposed project: The City of Raleigh proposes to widen Blue Ridge Road(SR 1670)from Duraleigh Road to Glenwood Avenue and construct a grade separated greenway crossing below Blue Ridge Road to improve pedestrian and vehicle safety. 41.Describe the overall project in detail,including indirect impacts and the type of equipment to be used: The proposed project consists of widening Blue Ridge Road(SR 1670)from a basic two-lane roadway to a three-lane curb and gutter section with bicycle lanes and sidewalks on both sides from just north of Duraleigh Road to Glen Eden Drive.From Glen Eden Drive to Crabtree Valley Avenue,Blue Ridge Road will be widened to the extent feasible,to a multi-modal 2- lane avenue,divided section with curb,gutter,bicycle lanes,and sidewalks on both sides.The project extends from Duraleigh Road(SR 1664)to Glenwood Avenue for approximately 2.1 miles.The streambanks of House Creek will be stabilized in conjunction with the widening of Blue Ridge Road.Additionally,the project proposes to construct a grade separated greenway crossing and pedestrian tunnel below Blue Ridge Road.The City of Raleigh has received funding through the NC Department of Transportation(NCDOT)Locally Administered Projects Program(LAPP)for the northern half of the project.The LAPP funded portion of the project extends from north of Homewood Banks Drive to Crabtree Valley Avenue(TIP#HL-0052). There have been no design changes made to the proposed project since the previous authorizations and,therefore,impact quantities and impact types to jurisdictional features have not changed.Equipment typical of roadway projects would be used,including pavers,skid steers,screeds,and cement trucks. 5. Jurisdictional Determinations 5a.Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No Unknown Comments: Kimley-Horn staff conducted a delineation on February 1,2018 and identified two streams(Crabtree Creek and House Creek)within the project study area. 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-2018-00496 5c.If 5a is yes,who delineated the jurisdictional areas? Name(if known): William Sullivan,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 A Preliminary Jurisdictional Determination Request(SAW 2018-00496)was submitted to Tasha Alexander of the USACE on March 2,2018 and was confirmed via email on April 17,2018. The official Preliminary Jurisdictional Determination letter was issued on May 5,2020 with the previously issued Section 404 Nationwide Permit for the project.Andy Neal of the NCDWR issued a Buffer Determination Letter(RRO#18-077)on March 15,2018.Documentation for both determinations,the previously issued NWP 14 verification,and the previously issued 401 General Water Quality Certification 4135 and Neuse Buffer Authorization are attached as part of this reauthorization request. 6.Future Project Plans 6a.Is this a phased project?* Yes No Are any other NWP(s),regional general permit(s),or individual permits(s)used,or intended to be used,to authorize any part of the proposed project or related activity? The proposed project is a single and complete undertaking and no additional phases or permits are anticipated. D. Proposed Impacts Inventory U 1. Impacts Summary 1a.Where are the impacts associated with your project?(check all that apply): Wetlands Streams-tributaries Buffers Open Waters Pond Construction 3. Stream Impacts 3a.Reason for impact(?) 3b.lmpact type* 3c.Type of impact* 3d.S.name* 3e.Stream Type* �3f.Type of 13h.Impact (?) Jurisdiction* length* S1 Site 1 Permanent Bank Stabilization J House Creek Perennial Both 15 149 Average(feet) (linear feet) S2 Site 2 Permanent Bank Stabilization J House Creek Perennial Both 15 61 Average(feet) (linear feet) S3 Site 2 Permanent Culvert House Creek Perennial Both 15 57 Average(feet) pinear feet) S4 Site 2 Temporary Other House Creek Perennial Both 15 37 Average(feet) (linear feet) S5 Site 3 Permanent Culvert House Creek Perennial Both 15 15 Average(feet) (linear feet) S6 Site 3 Permanent Bank Stabilization House Creek Perennial Both 15 41 Average(feet) (linear feet) S7 Site 3 Temporary A Other House Creek Perennial Both 15 69 Average(feet) (linear feeQ 31.Total jurisdictional ditch impact in square feet: 0 31.Total permanent stream impacts: 31.Total temporary stream impacts: 323 106 31.Total stream and ditch impacts: 429 3j.Comments: There have been no design changes made to the proposed project since the previous authorizations and,therefore,impact quantities and impact types to jurisdictional features have not changed. Unavoidable permanent impacts to House Creek will result from the replacement of an existing culvert,rip rap outlet protection,and bank stabilization to support the proposed road widening and greenway realignment.The replacement of an existing culvert as part of the road widening will result in 72 linear feet(0.0192 acre)of permanent impacts to House Creek.All three culvert barrels will be buried 1 foot below the stream bed as to not impede normal baseflow and will allow for the movement of aquatic species within the stream.The proposed culvert was sized to meet the hydraulic capacity needed to comply with NCDOT hydraulic design requirements and FEMA requirements.Additionally,the pedestrian culvert has been designed to provide some floodplain capacity for the higher storm events.The culvert detail displaying the cross section is included as part of this permit application package(See CSR). Additionally,streambank stabilization to support the proposed road widening will result in 251 linear feet(0.0672 acre)of permanent,no net loss of waters or aquatic function to House Creek.There are two types of proposed streambank stabilization that would result in permanent stream impacts to House Creek.At the proposed inlet and outlet of the culvert that runs under Blue Ridge Road,Class II rip rap will be keyed-in to the banks only and not the streambed.No rip rap will be placed within the streambed.In the uppermost section of House Creek,the stream banks will be graded back,and live stakes will be installed to create a more stable channel and prevent erosion along the reach.The proposed rip rap bank stabilization extends from the top of bank adjacent to the bridge supports and to the toe of the channel.The geometry of the stream channel and banks in this reach were designed to most closely match the upstream and downstream sections and will result in no net loss of streams to House Creek. 106 linear feet(0.0228 acre)of temporary impacts to House Creek will occur as a result of construction access as part of the culvert replacement and streambank stabilization.Temporary impacts will be restored to pre-construction conditions upon completion of the proposed 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 required? 6f.Zone 1 impact 6g.Zone 2 impact Site 1-Greenway P House Creek No 725 2,366 Site 1-Streambank Stabilization P 11 House Creek No 7,029 163 Site 2-Greenway P House Creek No 501 1,999 Site 2-Perpendicular Roadway Crossing P House Creek Yes 3,417 68 Site 2-Perpendicular Roadway Crossing T House Creek No 2,994 2,650 Site 3-Greenway P House Creek No 2,967 4,309 Site 3-Utility P House Creek No 0 143 Site 3-Perpendicular Roadway Crossing P House Creek Yes 4,356 1,060 Site 3-Perpendicular Roadway Crossing T House Creek No 526 0 Site 3-Parallel Roadway P House Creek Yes 1,299 0 Site 4-Parallel Roadway P House Creek Yes 5,169 3,472 6h. Total buffer impacts: ... .. ....... ....... . ... ... ........... ........... ... ... ........... ........ ... ... ...... . ... Zone 1 Zone 2 Total Temporary impacts: 3,520.00 2,650.00 Zone 1 Zone 2 Total Permanent impacts: 25,463.00 13,580.00 Zone 1 Zone 2 Total combined buffer impacts: 28,983.00 16,230.00 61.Comments: There have been no design changes made to the proposed project since the previous authorizations and,therefore,impact quantities and impact types to jurisdictional features have not changed. Unavoidable permanent impacts to the protected riparian buffers associated with House Creek will result from the proposed roadway widening and sections of parallel roadway,streambank stabilization,realignment of the adjacent greenway system,and modifications to existing utilities.Temporary impacts to House Creek buffers will occur as a result of construction access as part of the roadway widening. 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 the streams and protected riparian buffers within the project corridor were minimized and avoided to the extent practicable.The widening will be constructed mostly within existing right-of-way and the alignment was designed to minimize stream and buffer impacts.Where possible,grass ditches will be utilized to intercept and slow stormwater drainage,retaining walls will be constructed to protect adjacent streams,and fill slopes have been tightened to 2:1 to avoid additional impacts to features.For hydraulic efficiency,the proposed pedestrian bridge was aligned as close to perpendicular to House Creek as possible in this location.The House Creek banks below the pedestrian bridge will be armored with keyed-in rip rap to reduce the potential for erosion and ensure long-term stability of the stream and the bridge in this location.The proposed culvert has been sized to allow for high- flow events and will be buried to allow aquatic movement through the system.The maximum NCDOT standard culvert spans were used to meet this capacity,because a bridge was not determined to be feasible at this location based on the existing roadway profile.NCDOT or FEMA requirements cannot be met without utilizing the full capacity of the culverts,which would not be possible if any of the barrels included a sill.Higher floodplain culverts were not feasible because the roadway cover is minimal in this area.Enough capacity needed to be provided so that the BFE would not be exceeded since there are structures in the floodplain,so additional sill height was not feasible.A 12"water line that will need to be relocated was designed to be located below Blue Ridge Road in order to reduce permanent impacts to the Neuse River Basin riparian buffers of House Creek. 1 b.Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Impacts to the streams and protected riparian buffers 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 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 located within the permitted areas.Sediment control measures will be used to reduce 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-Neuse I,LLC Mitigation Bank(Polecat Site and Hannah Bridge Site)from Resource Environmental Solutions,LLC(RES) 3b.Credits Purchased/Requested(attach receipt and letter) Type: Quantity: Riparian buffer 49,623 sq.ft. 3c.Comments Unavoidable permanent impacts to the protected riparian buffers associated with House Creek will result from the proposed roadway widening and sections of parallel roadway,streambank stabilization,realignment of the adjacent greenway system,and modifications to existing utilities.Temporary impacts to House Creek buffers will occur as a result of construction access as part of the roadway widening.To offset the buffer losses resulting from the proposed roadway impacts,in accordance with the previously issued Buffer Neuse Authorization,a total of 49,623.00 sq.ft.of riparian buffer credits have been purchased from Resource Environmental Solutions,LLC(RES)from their EBX-Neuse I,LLC Mitigation Bank(Polecat Site and Hannah Bridge Site).The Mitigation Credit Transfer Certificates from RES are attached as part of this permit application package. 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: 72 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 In accordance with the previously issued Section 404/401 Permit,compensatory mitigation at a 1:1 ratio for the 72 linear feet of permanent impacts to House Creek due to the culvert replacement was purchased from NC Division of Mitigation Services(NCDMS)In-Lieu Fee Program(DMS ID#MR- 07457)on May 11,2021,and the NCDMS Compensatory Mitigation Responsibility Transfer Form(MRTF)is attached as part of this permit application package.Compensatory mitigation is not proposed for the permanent,no net loss of water impacts to House Creek resulting from the streambank stabilization associated with the project. 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 Crossing;Parallel Roadway 14,241 3 42,723 Zone 2 Perpendicular Roadway Crossing;Parallel Roadway 4,600 1.5 6,900 6f.Total buffer mitigation required 49,623 6g.If buffer mitigation is required,is payment to a mitigation bank or NC Division of Mitigation Services proposed? Yes No 6j.Comments: Unavoidable permanent impacts to the protected riparian buffers associated with House Creek will result from the proposed roadway widening and sections of parallel roadway,streambank stabilization,realignment of the adjacent greenway system,and modifications to existing utilities.Temporary impacts to House Creek buffers will occur as a result of construction access as part of the roadway widening.To offset the buffer losses resulting from the proposed roadway impacts,in accordance with the previously issued Buffer Neuse Authorization,a total of 49,623.00 sq.ft.of riparian buffer credits have been purchased from Resource Environmental Solutions,LLC(RES)from their EBX-Neuse I,LLC Mitigation Bank(Polecat Site and Hannah Bridge Site).The Mitigation Credit Transfer Certificates from RES are attached as part of this permit application package. 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? 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 Phase II NSW USMP Water Supply Please identify which local government stormwater program you are using. City of Raleigh Comments: The project includes the addition of curb and gutter to sections that were previously grassed shoulder and ditch.Existing drainage features have been maintained to the best extent practical.Drainage systems will be sized according to City of Raleigh standards.Treated stormwater will discharge through a rip-rap dissipater pad to ensure non-erosive velocities at the bottom of the fill slope outside of House Creek.Additionally,stormwater from sections of the site will be collected and treated in two stormwater control measures(bioretention ponds).See attached Erosion Control and Redline Drainage Plans for stormwater management features. G. Supplementary Information 1. Environmental Documentation la.Does the project involve an expenditure of public(federal/statellocal)funds or the use of public(federallstate)land?* Yes No 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)?* Yes No 1c.If you answered"yes"to the above,has the document review been finalized by the State Clearing House?* Yes No Comments:* The City of Raleigh has received funding through the NC Department of Transportation(NCDOT)Locally Administered Projects Program(LAPP)for the northern half of the project.The LAPP funded portion of the project extends from north of Homewood Banks Drive to Crabtree Valley Avenue(TIP#HL- 0052).A Categorical Exclusion for TIP#HL-0052 is under review and will be approved prior to construction.The remaining southern section of the project is not supported by state or federal funds,and therefore,it does not require NEPA or SEPA documentation. 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. No additional or cumulative impacts are anticipated as a result of the proposed project. 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 5c.If yes,indicate the USFWS Field Office you have contacted. Raleigh 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? Coordination with the USFWS was conducted on October 10,2019 for the six federally protected species listed for Wake County as of June 27,2018 (Cape Fear shiner,red-cockaded woodpecker,Tar River spinymussel,dwarf wedgemussel,yellow lance,and Michaux's sumac)as part of the FEMA CLOMR requirements.The USFWS confirmed that the proposed project is not likely to adversely affect any federally-listed endangered or threatened species or their habitat. Additionally,as of August 19,2022,the USFWS Information for Planning and Consultation(IPaC)database lists six threatened or endangered species with potential to occur within the project vicinity.Table 1 shows the listed species and federal status of each of these species.Kimley-Horn reviewed the NC Natural Heritage Program(NCNHP)element occurrence database(updated July 2022)to determine if there are any known occurrences of federally listed species in the project area or project vicinity.A review of the NCNHP records indicates one known occurrence of Michaux's sumac within 1.0 mile of the project corridor,however,no known occurrences of any federally protected species are recorded within the project corridor. The red-cockaded woodpecker(RCW)typically occupies open,mature stands of southern pines,particularly longleaf pine(Pinus palustris),for foraging and nesting habitat.The RCW excavates cavities for nesting in living pine trees,aged 60 years or older,which are contiguous with pine stands at least 30 years of age for foraging habitat.The foraging range for RCW is normally less than 0.5 miles.Suitable habitat(nesting or foraging)for red-cockaded woodpecker(RCW)was not found within the project area.While pine trees are present throughout the project corridor,many of the suitably sized pine trees are present as standalone landscaping trees near residential areas or are present within larger tracts of mixed hardwood/pine forest with a thick understory and isolated from any suitable foraging habitat.In addition,a review of the NCNHP database records(updated July 2022)indicates there are no known occurrences of RCW in or within 1.0 mile of the project corridor.Due to the lack of suitable foraging and nesting habitat within the project corridor and the lack of known occurrences,it has been determined that the proposed project will have"No Effect"on RCW. The Neuse River waterdog is known to occur in low to moderate gradient streams and low current velocity.The salamander needs clean,flowing water with high dissolved oxygen concentrations.Suitable habitat for the Neuse River waterdog is not present in the project corridor.Surface waters within the project corridor are degraded,urbanized streams that do not provide the proper substrate or in-stream structure for habitat,are not well-oxygenated,and are subject to sedimentation from erosion.Additionally,the NCNHP database records(updated July 2022)indicate that there are no known occurrences of the Neuse River waterdog in or within 1.0 mile of the project corridor.Due to the lack of suitable habitat within the project corridor and the lack of known occurrences,it has been determined that the proposed project will have"No Effect"on the Neuse River waterdog. The Carolina madtom is known to occur in riffles,runs,and pools in medium to large streams and rivers.Ideally,it inhabits fresh waters with free-flowing, year-round flow and clean sand,gravel,and detritus substrate.Mollusk shells,woody debris,and other debris along the stream or river bottom provide nesting habitat for the Carolina madtom.Suitable habitat for the Carolina madtom is not present within the project corridor.Surface waters within the project corridor are degraded,urbanized streams that do not provide the proper substrate or in-stream structure for habitat,are not well-oxygenated,and are subject to sedimentation from erosion.Additionally,the NCNHP database records(updated July 2022)indicate that there are no known occurrences of the Carolina madtom in or within 1.0 mile of the project corridor.Due to the lack of suitable habitat within the project corridor and the lack of known occurrences,it has been determined that the proposed project will have"No Effect"on the Carolina madtom. The Atlantic pigtoe is known to occur in coarse sand and gravel stream substrate within small creeks to larger rivers.The Atlantic pigtoe requires clean, moderate flowing water with high dissolved oxygen content.Suitable habitat for the Atlantic pigtoe is not present in the project corridor.Surface waters within the project corridor are degraded,urbanized streams that do not provide the proper substrate or in-stream structure for habitat,are not well- oxygenated,and are subject to sedimentation from erosion.Additionally,the NCNHP database records(updated July 2022)indicate that there are no known occurrences of the Atlantic pigtoe in or within 1.0 mile of the project corridor.Due to the lack of suitable habitat within the project corridor and the lack of known occurrences,it has been determined that the proposed project will have"No Effect"on the Atlantic pigtoe. The dwarf wedgemussel inhabits streams with slow to moderate flow and sand,gravel,or firm silt substrate.The streams must be well-oxygenated,with stable banks,and little sedimentation from erosion.Suitable habitat for the dwarf wedgemussel is not present in the project corridor.Surface waters within the project corridor are degraded,urbanized streams that do not provide the proper substrate or in-stream structure for habitat,are not well-oxygenated,and are subject to sedimentation from erosion.Additionally,the NCNHP database records (updated July 2022)indicate that there are no known occurrences of the dwarf wedgemussel in or within 1.0 mile of the project corridor.Due to the lack of suitable habitat within the project corridor and the lack of known occurrences,it has been determined that the proposed project will have"No Effect" on the dwarf wedgemussel. Michaux's sumac is a plant that prefers sandy or rocky open communities.The plant survives best in areas where some form of disturbance has provided an open area(i.e.,highway rights-of-ways,roadsides,or on the edges of artificially maintained clearings).Potentially suitable Michaux's sumac habitat was identified within the roadsides and associated maintained rights-of-way and along the edges of forested areas and maintained residential lots within the project corridor.Kimley-Horn biologists conducted pedestrian surveys on June 1,2022 within areas of potentially suitable habitat along the project corridor and no Michaux's sumac individuals were observed.Additionally,the regular mowing maintenance schedule and herbicide application within these areas created conditions that would likely inhibit the plant's success.A review of the NCNHP database records(updated July 2022) indicates there is one known occurrence of Michaux's sumac within 1.0 mile of the project corridor,but no known occurrences are recorded within the project corridor.Due to the lack of observed individuals and the lack of known occurrences within the project corridor,it has been determined that the proposed project will have"No Effect"on Michaux's sumac. 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 Essential Fish Habitat Mapper was reviewed on August 4,2022.No essential fish habitat was identified within the project area 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?* A review of the State Historic Preservation Office(NCSHPO)HPOWEB GIS Service database performed on August 4,2022 identified no National Register,Study List,or Determined Eligible sites or districts within the project study area.However,eleven historic resources located within 1.0 mile of the project study area: -George Poland House(Study List)-moved from site in 2001;located approximately 0.1 mile northeast of the project corridor Lyon Park Historic District(Study List)-located approximately 0.7 mile west of the project corridor -Northwestern Mutual Insurance Company(Study List)-located approximately 0.9 mile west of the project corridor -NC PTA Headquarters(Study List)-located approximately 0.9 mile west of the project corridor -Owen F.Dorothy Smith House(Study List)-located approximately 1.0 mile west of the project corridor Paschal House(Gone)(National Register)-demolished in 2013;located approximately 0.9 mile west of the project corridor C.A.and Marion Aretakis House(Study List)-located approximately 0.9 mile west of the project corridor -Marcellus Smith House(Gone)(Study List)-located approximately 0.6 mile north of the project corridor Vallas House(Study List)-located approximately 0.9 mile north of the project corridor -James R.Smith House&Cemetery(Study List)-located approximately 0.9 mile north of the project corridor Warren Pony Truss Bridge(Determined Eligible)-located approximately 0.9 mile east of the project corridor Due to the developed nature of the project vicinity and the minimal impacts anticipated,it has been determined that the proposed project will have no effect on any historic resources. 8. Flood Zone Designation (Corps Requirement) Sa.Will this project occur in a FEMA-designated 100-year floodplain?* Yes No 8b.If yes,explain how project meets FEMA requirements: A Conditional Letter of Map Revision(CLOMR)was applied for and has been approved. 8c.What source(s)did you use to make the floodplain determination?* The FEMA Digital Flood Insurance Rate Map(DFIRM)Panels 3720078500K(effective 07/19/2022)and 3720079500K(effective 07/19/2022)were reviewed and FEMA regulatory floodway,100-year floodplains,and 500-year floodplains associated with House Creek and Crabtree Creek are located in the northeastern corner of the project study area. 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 00_BlueRidge_PCN Cover Letter.pdf 31.18KB 02_BRR_Agent Authorization.pdf 41.2KB 03_BlueRidge_Figures.pdf 10.75MB 04_BlueRidge_StreamForms.pdf 140.62KB 05_BlueRidge_NCSAM Rating Calculator v2.1.pdf 107.2KB 06_BlueRidge_bufferletter.pdf 6.92MB 07a_SAW-2018-00496-NWP 14 Verification_SIGNED.pdf 10.94MB 07b_BlueRidge_401 Letter_Finalversion_Correction2_20210701.docx.pdf 661.83KB 8a_BlueRidge_Permit Drawings_Streams_(2020-04-27).pdf 4.04MB 8b_BlueRidge_Permit Drawings_Buffers_(2020-04-20).pdf 3.99MB 9a_BlueRidgeRoad NCDWR RFI_20200317.pdf 380.34KB 9b_BlueRidgeRoad_USACE RFI&401 Modification.pdf 1.53MB 9c_BlueRidgeRoad 40lCorrection_20210701.pdf 503.74KB 10_Blue Ridge Road(SR 1670)Widening MRTF&Mitigation Certs.pdf 587.35KB 11a_BRRW_South_100%Plans_20220505.pdf 25.2MB 11 b_HL-0052_PLAN.pdf 5.25MB 12_Blue Ridge_EC-Plans_Rev3_full-size_NO REV CLOUDS.pdf 38.68MB 13a_BRRW_South-Drainage_Calculations Report.pdf 33AMB 13b_HL-0052_Redline_Drainage_Plans.pdf 12.76MB File must be PDF or KMZ Comments Please see attachments to aid in the review of the permit application package. 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: Mackenzie Richards,PWS Signature Date 8/23/2022